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02.07.24 Staff Report
Agenda February iu 2024,01 P Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. U-m7wrixTrw The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online L Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFR�y59rhiDZ93Fr�/featured?view as=subscriber place at City Hall, 14403 E. Pacific hgo://baldwinaark.granicusxom/ViewPubtisherphp?view id=90 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990..Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. i There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. CALL TO ORDER PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation — Baldwin Park Sewer Rehabilitation Projected presented by Mathew Watson, Supervising Engineer From Los Angeles County Sanitation Districts RECESS CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: Rukli, Inc vs City of Baldwin Park Los Angeles Superior Court Case No. 22STCV28634 Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju Case: DJCBP Corporation dba Tier One vs City of Baldwin Park et al Los Angeles Superior Court Case No. 24STCP00313 Case: David Lopez Becerra vs City of Baldwin Park Los Angeles Superior Court Case No. 22STCV06605 Case: City Of Whittier, a Charter City; et al. v. Los Angeles Superior Court Case No. 23STCP03579 Case: John Doe R.A. vs City of Baldwin Park et al. Los Angeles Superior Court Case No.: 21STCV35392 2. Conference with Legal Counsel - Initiation of Litigation Pursuant to California Government Code, Section 54956.9 (d)(4). One Potential Case - Calino Avenue Project — Contractor Dispute ADJOURNMENT CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz, City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at squinones&baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE I1) ��111111 �,rm 1�� mrtmr��� Agenda February 07, 2024, 7:00 PM Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilinember Alejandra Avila Councilmember Daniel Damian Councilinember Monica Garcia Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online �0- -, � Most City Council meetings take Audio streaming will be available at https.-Ilwww.youtube.comlchannellUCFLZO dDFRjy59rhiDZ13Fq1featured?view as=subscriber place at City Hall, 14403 E. Pacific httq,I�lbaldwin �ark. ra�nicusxom�lVtewP�ubfisher. �h?yiew �0=10 Ave., Baldwin Park, CA 91706 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation — Oath of Office for the Recreation & Community Services Commissioners PUBLIC COMMUNICATIONS CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes It is recommended that the City Council approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on December 6, 2023. 3. Consideration of Approval and Adoption of Resolution 2024-002, updating the City -Wide and Department Records Retention Schedule. It is recommended that the City Council: 1. Approve and adopt Resolution 2024-002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." 2. Repeal Resolution. No. 2019-043 4. Approval of Purchase from Game Room Specialists, Inc. DBA A & C Billiards and Barstools for Seven (7) Billiard Tables It is recommended that the City Council: 1. Approve the purchase in the amount of $27, 975.94 with Game Room Specialist, Inc. DBA A & C Billiards and Barstools for seven (7) billiard tables; and 2. Authorize the Director of Recreation & Community Services to execute any associated documents needed for the purchase; and 3. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. 5. Waive Formal Bid Procedures and Authorize the Purchase to Replace Air Conditioner Unit in Police Department Server Room CIP24-045-56016 It is recommended that the City Council: 1. Waive formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 23 (C); and 2. Authorize the purchase in the amount of $27,411.10 from Honeywell Building Solutions; 3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. 6. Grant Reimbursement Report for 2nd Quarter FY23-24 — October 1, 2023, to December 31, 2023 It is recommended that the City Council receive and file this report. 7. Approve Amendment No. 4 to Funding Agreement No. F3507 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the South Baldwin Park Commuter Bikeway Project It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 4 to the FA with the LACMTA. 8. Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Installation of New Gas Service located at 14349 Pacific Ave for the Susan Rubio Zocalo Park and Civic Plaza. It is recommended that the City Council: 1. Approve the CWA payment for SoCalGas in the amount of $68,678.00 for the installation of new service; and, 2. Authorize the Director of Public Works to execute the CWA contract and to process the necessary documents and payment request from the available grant funds; and, 3. Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments. 9. Second Reading to adopt Ordinance No. 1508, "An Ordinance of The City Council of the City of Baldwin Park California, Amending Section 153.1.20.310 (B) of Chapter 153 Title XV of the Baldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms" It is recommended that the City Council approve and adopt Ordinance 1508 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS." 10. Claim for Damages Rejections It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Rosalba Pizano Castaneda The claimant alleges bodily injury. Paula Marie Esquerra The claimant alleges property damage. Saida Gonzalez The claimant alleges property damage. Manuel Lopez The claimant alleges bodily injury. Bryan Madrigal The claimant alleges property damage. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. 11. Approval of Independence Day Spectacular Budget and Award of Agreement for Pyrotechnic Show with Pyro Spectaculars, Inc. It is recommended that the City Council: 1. Approval of Independence Day Spectacular Budget; and 2. Award agreement to Pyro Spectaculars, Inc. for professional pyrotechnic services in the amount of $23,000; and 3. Authorize the Director of Recreation & Community Services to execute the attached agreement; and 4. Authorize the Director of Finance to appropriate from the Business Improvement Tax fund 230 in the amount of $23,000 and make necessary adjustments to the budget. CEQA Review In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA pursuant to Section 15061(b((3) of the CEQA Guidelines and the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Fireworks Display would not be an activity with potential to cause significant effect on the environment and is when it is not performed over sensitive habitat areas. 12. Approval of Revised Relinquishment Agreement with Caltrans for the Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Boundaries of the City of Baldwin Park It is Staff's recommendation that the City Council approve the updated Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement. 13. Approval of a Use and Maintenance Agreement (UMA) with the County of Los Angeles for Storm Drain Connection related to the Barnes Park Multi -Benefit Stormwater Capture Project, CIP 21-198 Staff recommends that the City Council approve the Use and Maintenance Agreement with the County of Los Angeles Flood Control District for the use and maintenance of the County right- of-way for a storm drain connection related to the Barnes Park Multi -Benefit Infiltration Project and authorize the Mayor to execute the agreement. 14. Authorization of funding for Vendor Billings -Motorola Solutions It is recommended that the City Council 1. Authorize the Director of Finance to appropriate $109,371.34 from the General Fund and transfer to account 1.00-30-310-51.1.00-00000 (Consultant Services). 1.5. Consider Approval of Amendment No. 1 to the Maintenance Services Agreement (MSA) With Mariposa Landscapes, Inc. for the Landscape Maintenance Services Staff recommends that Council: 1. Approve Amendment No. 1 to the Maintenance Services Contract with Mariposa Landscapes, Inc. for Landscape Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Year One (1) and 2.5% for year Two (2) due to CPI increase; and, 2. Approve an increase to the annual not -to -exceed contract amount from $100,000 to $105,000 in year one (1) and $105,000 to $107,625 in year two (2) to reflect the CPI increase; and, 3. Authorize the Mayor and City Clerk to execute Amendment No. 1; and, 4. Authorize the Finance Director to make necessary budget adjustments. 16. Approval for the Procurement and Purchase of a Ford F600 Truck with Lift Bucket System from Global Rental Co. Through the Sourcewell Purchasing Cooperative It is recommended that the City Council: 1. Authorize the capital purchase of the 2023 Ford F600 aerial bucket truck, consistent with the Sourcewell Purchasing Cooperative; and, 2. Authorize the Public Works Director to process purchase order requisition for Global Rental Co., Inc. in an amount not to exceed $215,484.00 utilizing approved funds identified in FY23-24 Capital Improvement Program under CIP24-026-55031; and, 3. Authorize the Director of Public Works, or his designee, to complete all appropriate documentation to finalize the purchase. REPORTS OF OFFICERS 17. Approval of Conceptual Design for Morgan Park Restrooms Improvements Project It is recommended that the City Council: 1. Approve the conceptual for Morgan Park Restroom Improvements Project; and 2. Authorize Director of Recreation & Community Services to proceed with any supplementary documents required for the project. 18. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Housing Commission. It is recommended that the City Council: 1. Review all commission applications for the Housing Commission 2. Make a finding that one of the Commissioner Seats designated for a Housing Authority participant can be filled by any resident applicant, in the interest of carrying out the business of the Housing Authority Commission. 3. Make the respective appointments. 4. Direct staff and City Attorney to bring back an ordinance amendment for B.P.M.0 Section 32.21 to eliminate the requirement of Commissioners being tenants of the authority. 19. Request for Authorization to Purchase APX Radios by Motorola Solutions It is recommended that the City Council 1. Waive the formal bidding process for this purchase; and 2. Authorize the Director of Finance to appropriate $300,000.00 from CIP 24-028-53009 account 271-30-340-58110-53009; and 3. Authorize the Chief of Police or his designee to complete all appropriate documentation to complete the purchase of the requested Motorola radios and accessories. 20. Approval of Amendment Number 2 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising. It is recommended that the City Council authorize the Mayor to execute the Amendment subject to any non -substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate funding and make the necessary budget adjustments. 21. Consider and approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance of the City's Dial -A -Ride and Fixed Route Transit Program and Approve a Compressed Natural Gas (CNG) Refueling Agreement with the City of El Monte to Support the City's Transit Program It is recommended that the City Council: 1. Approve a 2-year Transit Services Agreement (TSA) with Southland Transit, Inc., and Authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve a 1-year CNG Refueling Agreement with the City of El Monte, and Authorize the Chief Executive Officer (CEO) to execute the agreement; and, 3. Authorize the Director of Finance to appropriate an additional amount of $100,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate. 22. Hearing to Review Bidder Protests and Authorize the Award of Construction Contract to Nationwide Contracting Services, Inc., for City Project No. CIP 21-198, Barnes Park Multi - Benefit Stormwater Capture Project It is Staff s recommendation that the City Council: 1. Provide all bidders with an opportunity to address any issue relating to responsibility and/or the responsiveness of their bids; and, 2. Determine that Zusser Company, Inc. ("Zusser") is non -responsible bidder: and 3. Approve and award the construction contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00; and, 4. Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc.; and, 5. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Councilmember Alejandra Avila seeks consensus of the City Council to: Approve financial assistance for approximately $2,500 on behalf of three cultural dance groups from the Julia McNeill Senior Center. Due to financial hardship, these groups have requested sponsorship from the Julia McNeill Senior Center to offset the cost of each of their costumes, which is approximately $100.00 per student. The seniors in these groups are 60 years young and are all very dedicated, active and participate at various events free of charge representing Baldwin Park. The names of the groups are the International Line Dance and Baldwin Park Art Dance Group Direct Staff to develop procedures to further promote cross -departmental collaboration in reporting issues or situations in the field that require a service response from the City in addressing a potentially unsafe condition, such as a malfunctioning street signal, an obstruction in the roadway, a hazard on the sidewalk, etc. Helping keep our City clean and safe is a shared responsibility between all of us, including residents. Our City employees who are in the field more regularly, are a force multiplier in identifying and reporting situations that require a service response. Councilmember Daniel Damian seeks consensus of the City Council to: • An approval to reduce the concert series & downtown street market each by one week. The series would now be 5 weeks each. In addition, start the concert series 1 week earlier to fill the vacancy after kids are out of school. CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at sduinones(a-)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sPREPARED BY: Ana Zhang, Senior Finance Clerk DATE: February 7, 2024 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $2,531,833.80 $4,557,213.33 for a total amount of $7,089,047.13. and the attached General Warrants Register was BACKGROUND The attached Claims and Demands report format meet the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 202198 to 202252 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 44210 to 45279 for the period November 26, 2023 through January 20, 2024 inclusive; these are presented and hereby ratified in the amount of $2,531,833.80. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $1,343,789.33 and checks from 244163 to 244716 in the amount of $3,213,424.00 for the period of December 12, 2023 to January 29, 2024, inclusive; in the total amount of $4,557,213.33 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 ALt` Payment Number 1040 1040 1041 1041 1042 1042 1043 1043 1044 1045 1045 244163 244164 244165 244166 244167 244167 244168 244168 244169 244170 244171 244171 244171 244171 244171 244171 244171 244171 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244172 244173 244173 City of Baldwin Park, CA Check Register By (None) Payment Dates 12/12/2023 - 1/29/2024 Payment Date Vendor Name Description (Item) Account Number Amount 12/15/2023 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ 6,145.91 12/15/2023 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,331.76 12/28/2023 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ 6,145.91 12/28/2023 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,371.01 12/29/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP NOTICE OF PUBLIC HEARING 10/23/2023 100-50-000-42500-00000 $ 200.79 12/29/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP NOTICE OF PUBLIC HEARING 11/24/2023 100-50-000-42500-00000 $ 492.37 01/12/2024 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ 6,014.26 01/12/2024 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,371.01 01/19/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP NOTICE INVITING BIDS FOR 12/18/2023-12/25/2023 270-50-520-58100-15716 $ 2,189.66 01/26/2024 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ 6,014.26 01/26/2024 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,371.01 12/12/2023 BALDWIN PARK EASTSIDE LITTLE LEAGUE CITY COUNCIL DONATION -REOPEN ACTIVI. TEMP CLOSURE 275-10-723-53370-00000 $ 13,000.00 12/14/2023 4 IMPRINT, INC PROMOTIONAL GIVEAWAY ITEMS FOR RECRUITMENT 100-30-310-53100-00000 $ 4,813.90 12/14/2023 ABIGAIL AVENDANO ARPA REIM-REGIST-BASIC TRACY ELE.-10/09-11/13/2023 275-60-734-53370-16077 $ 999.00 12/14/2023 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY FOR RENTAL@ ARC& SR CENTER 11/11 &18/23 501-60-000-22328-00000 $ 858.00 12/14/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SRVC AT SENIOR CENTER 10/21&10/28 501-60-000-22328-00000 $ 1,023.00 12/14/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SRVC AT SENIOR CENTER 11/04 501-60-000-22328-00000 $ 808.50 12/14/2023 ADLERHORST INTERNATIONAL LLC DAILY BOARD FOR DAJAN-10/28-MONTH OF NOV 2023 100-30-340-51100-00000 $ 1,110.00 12/14/2023 ADLERHORST INTERNATIONAL LLC DAILY BOARD FOR DAJAN-3/28-5/2/2023 100-30-340-51100-00000 $ 1,080.00 12/14/2023 ADORAMA INC. APPLE IPAD FOR SENIOR CENTER 501-60-000-22327-00000 $ 1,850.31 12/14/2023 ALLTRACK PERFORMING RIGHTS LLC ANNUAL MUSIC LICENSING FEE FY2023/2024 100-60-610-51101-00000 $ 679.00 12/14/2023 BMO BANK N.A. STANDARD WILDCARD SSL RENEWAL FOR 2 YEARS 401-10-140-53330-00000 $ 899.98 12/14/2023 BMO BANK N.A. ICLOUD 50 GIG -RENEWAL 12/4/2023 401-10-140-53330-00000 $ 0.99 12/14/2023 BMO BANK N.A. WEBINAR 500 MONTHLY-11/16-12/15/2023 401-10-140-53370-11602 $ 41.20 12/14/2023 BMO BANK N.A. DUO ESSENTIALS MONTHLY-10/23-11/23/2023 401-10-140-53370-11602 $ 210.00 12/14/2023 BMO BANK N.A. MICRO USB TO RS-232 SERIAL ADAPTER 401-10-140-53390-00000 $ 19.21 12/14/2023 BMO BANK N.A. TERA UPGRADED LASER BARCODE SCANNER 401-10-140-53390-00000 $ 20.94 12/14/2023 BMO BANK N.A. 2 OF 512 M.2 SSD 401-10-140-53390-00000 $ 140.46 12/14/2023 BMO BANK N.A. UBIQUITI EDGEROUTER 6P,6 PORT GIGABIT ROUTER 401-10-140-53390-00000 $ 233.62 12/14/2023 BMO BANK N.A. SUPPLIES 100-10-150-53100-00000 $ 36.53 12/14/2023 BMO BANK N.A. WIRELESS HEADSET CONNECTS TO DESK 100-10-150-53100-00000 $ 151.58 12/14/2023 BMO BANK N.A. WIRELESS HEADSET CONNECTS TO DESK&RETRACTABLE BADA 100-10-150-53100-1 1100 $ 196.24 12/14/2023 BMO BANK N.A. FOOD & TIO FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ 866.24 12/14/2023 BMO BANK N.A. GIFT CARDS FOR CONTEST WINNERS-HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ 298.80 12/14/2023 BMO BANK N.A. HALLOWEEN LUNCHEON CONTEST WINNERS (LUNCHEON) 100-10-150-53370-11123 $ 248.06 12/14/2023 BMO BANK N.A. WARMERS, CONDIMENTS, PLATES (HALLOWEEN LUNCHEON) 100-10-150-53370-11123 $ 173.41 12/14/2023 BMO BANK N.A. TO GO PLATES FOR LUNCHEON 100-10-150-53370-11123 $ 52.39 12/14/2023 BMO BANK N.A. DECORATION SPIDERS 100-10-150-53370-11123 $ 5.71 12/14/2023 BMO BANK N.A. PASTRIES FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ I K98 12/14/2023 BMO BANK N.A. CANDY & SERVING SPOONS 100-10-150-53370-11123 $ 28.11 12/14/2023 BMO BANK N.A. SUPPLIES FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ 28.39 12/14/2023 BMO BANK N.A. SNACKS FOR LUNCHEON 100-10-150-53370-11123 $ 30.63 12/14/2023 BMO BANK N.A. TABLE COVERS, TIN PAILS, FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ 43.13 12/14/2023 HMO BANK N.A. HALLOWEEN WEB DECORATION 100-10-150-53370-11123 $ 49.56 12/14/2023 BMO BANK N.A. HALLOWEEN LUNCHEON CONTEST WINNERS (LUNCHEON) 100-10-150-53370-11123 $ (7T 17) 12/14/2023 BMO BANK N.A. WARMERS, CONDIMENTS, PLATES (HALLOWEEN LUNCHEON) 100-10-150-53370-11123 $ (9.91) 12/14/2023 BMO BANK N.A. BALLOONS, DECORATION FOR HALLOWEEN LUNCHEON 100-10-150-53370-1 1123 $ 89.08 12/14/2023 BMO BANK N.A. MEMBERSHIP DUES-CAPT. JOSH HENDRICKS 100-30-300-53330-00000 $ 50.00 12/14/2023 BMO BANK N.A. TRANING COURSE FOR OTC. STEPAHN HOLGUN 11/30-12/1 100-30-310-53200-00000 $ 350.00 Page 1 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244174 12/14/2023 HMO BANK N.A. 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REPLENISHMENT FOR TRANSPONDERS 100-30-340-51101-00000 $ 49.35 244177 12/14/2023 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-340-51101-00000 $ 45.00 244177 12/14/2023 HMO BANK N.A. CREDIT FROM THE TOLL ROADS 100-30-340-51101-00000 $ (0.45) 244177 12/14/2023 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-340-51101-00000 $ 48.91 244177 12/14/2023 HMO BANK N.A. CA TRAFFIC SAFETY SUMMIT (OTS)-THOMAS IP,SUNNY K 271-30-350-53200-17224 $ 740.00 244177 12/14/2023 HMO BANK N.A. HOTEL STAY -DETECTIVE IP&OFFICER KIM-SUMMIT OTS 271-30-350-53200-17224 $ 218.15 244178 12/14/2023 CHICAS GRAPHICS AND DESIGN CHRISTMAS PARADE BANNERS 2023 100-60-630-51101-00000 $ 165.38 244179 12/14/2023 CINTAS FIRST AID & SAFETY LEASE OF AED AT CITY FACILITIES&FIRST AID SUPPLIES 100-60-610-53100-00000 $ 735.51 244179 12/14/2023 CINTAS FIRST AID & SAFETY LEASE OF AED AT CITY FACILITIES&FIRST AID SUPPLIES 403-10-160-51101-11350 $ 784.98 244179 12/14/2023 CINTAS FIRST AID & SAFETY LEASE OF AED AT CITY FACILITIES&FIRST AID SUPPLIES 403-10-160-51101-11350 $ 294.37 244179 12/14/2023 CINTAS FIRST AID & SAFETY LEASE OF AED AT CITY FACILITIES&FIRST AID SUPPLIES 403-10-160-51101-11350 $ 90.41 244180 12/14/2023 CONCENTRA HEALTH SERVICES, INC I OF CLASS I PHYS: RODOLFO ALEJOS 100-10-150-51101-11122 $ 121.00 244181 12/14/2023 CS TRANSIT LEASING INC FENCING&SAND BAGS -WINTER TEST EVENT 12/02/2023 100-60-610-51101-16148 $ 732.02 244182 12/14/2023 CYNTHIA STAFFORD PERSONNEL RULES REVISIONS 100-10-150-51100-00000 $ 2,275.00 244183 12/14/2023 D & D GOLF CARS SERVICE, INC. 4 PASSENGER GOLF CART RENTAL -HOLIDAY PARADE I1/20 100-60-610-51101-16148 $ 540.23 244184 12/14/2023 DATA TICKET, INC. DATA TICKET ADMIN-SEP 2023 - ENTITY #1024 100-40-460-51100-00000 $ 200.00 244184 12/14/2023 DATA TICKET, INC. DATA TICKET ADMIN-OCT 2023 - ENTITY #1024 100-40-460-51100-00000 $ 200.00 244184 12/14/2023 DATA TICKET, INC. DATA TICKET ADMIN-OCT 2023 - ENTITY 0365 0705 100-40-460-51100-00000 $ 115A5 244185 12/14/2023 DISCOUNT SCHOOI. SUPPLY DECORATIONS FOR SENIOR FLOAT AT THE HOLIDAY PARADE 501-60-000-22327-00000 $ 674.48 244186 12/14/2023 DULCEM. CRUZ CATERING SRVC-TREE LIGHTING 11/30/2023 100-60-610-53100-16105 $ 4,298.00 Page 2 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244187 12/14/2023 EMERALD ISLE ENTERTAINMENT INC. BALANCE DUE -ICE RINK -HOLIDAY WINTERFEST 12/02/23 100-60-610-51101-16148 $ 6,29T50 244188 12/14/2023 EZEQUIEI,CONTRERAS TAF KWON DO INSTRUCTOR- 10/30-11/21/2023 501-60-000-22328-00000 $ 549.25 244189 12/14/2023 FREDERICK HARPER REFUND FOR RENTAL DEPOSIT -SENIOR CENTER-12/9/2023 501-60-000-22333-00000 $ 300.00 244190 12/14/2023 FRONTIER COMMUNICATIONS ACT#20918814200421945-CITYPHONF 11/28-12/27/2023 401-10-141-53403-11506 $ 1,552.86 244191 12/14/2023 FRONTIER COMMUNICATIONS ACT#62633851801118215-INTERNET-11/19-12/18/2023 275-60-710-53370-66023 $ 110.88 244192 12/14/2023 G.M. SAGER CONSTRUCTION CO., INC. CIP 22-040 CAI INO STREET IMPROVEMENTS 275-50-752-58100-55021 $ 24,000.00 244193 12/14/2023 GREG RUVOLO TRANSPORT&SET UP CHRISTMAS TREE INSIDE GYM 11/27 100-60-610-51101-16105 $ 1,600.00 244194 12/14/2023 HELEN HERNANDEZ PRINTING SRVC OF HOLIDAY PARADE PROGRAMS 100-60-610-53100-16148 $ 416.60 244194 12/14/2023 HELEN HERNANDEZ PRINTING SRVC OF HOLIDAY PARADE PROGRAMS 100-60-610-53320-16148 $ 351.34 244195 12/14/2023 HER MEDIA, LLC PUBLIC NOTICE FOR PLANNING-10/05/2023-ZV 22-07 501-40-000-22335-00000 $ 310.24 244195 12/14/2023 HER MEDIA, LLC PUBLIC NOTICE FOR PLANNING-10/12/2023- CP 23-08 501-40-000-22335-00000 $ 232.00 244195 12/14/2023 HER MEDIA, LLC PUBLIC NOTICE FOR PLANNING-I1/23/2023 501-40-000-22335-00000 $ 376.00 244195 12/14/2023 HER MEDIA, LLC PUBLIC NOTICE FOR PLANNING-11/30/23 501-40-000-22335-00000 $ 524.00 244196 12/14/2023 ICC LOS ANGELES BASIN CHAPTER 2024 ANNUAL MEMBERSHIP DUES - ICC LA BASIN CHAPTER 100-40-450-53330-00000 $ 100.00 244197 12/14/2023 JESSE BACA MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 39A7 244198 12/14/2023 JWA URBAN CONSULTANTS INC OCT 2023-CONSULTING SRVC 26.75HOURS 100-40-440-51101-00000 $ 4,413.75 244198 12/14/2023 JWA URBAN CONSULTANTS INC NOV&DEC 2023-CONSULTING SRVC 11.25 HOURS 100-40-440-51101-00000 $ 1,856.25 244199 12/14/2023 LOS ANGELES COUNTY SifERIFFS DEPARTMENT CASE# CVMV2300227-ANDRES A VILLALOBOS 100-00-000-21225-00000 $ 710.22 244200 12/14/2023 MANUEL AVILA REMOVAL & REPLACEMENT OF SOLAR CONTROL WINDOW FILM 100-60-620-5337 1 -00000 $ 945.00 244200 12/14/2023 MANUEL AVILA REMOVAL &REPLACEMENT SOLAR CONTROL WINDOW 11/11/23 252-60-620-53371-00000 $ 945.00 244201 12/14/2023 MARIA MORENO MATERIALS&SUPPLIES-CITY MANAGERS HOLIDAY LUNCH 100-10-110-53350-00000 $ 50.18 244202 12/14/2023 MARIACHI LOS GALLITOS MUSIC ENTERTAINMENT FOR DIA DE LA VIEGEN 12/11/23 501-60-000-22327-00000 $ 600.00 244202 12/14/2023 MARIACHI LOS GALLITOS MARIACHI TO PERFORM -CITY POSADA 12/15/2023 100-60-610-53100-16078 $ 650.00 244203 12/14/2023 MAXIMO DE MATTA REPAIRS BROKEN BARS AT THE METROLINK 11/30/23 100-60-620-53371-00000 $ 1,195.00 244204 12/14/2023 MERCURY FENCE CO., INC FENCE REPAIRS@BARNES PARK 11/21/2023 252-60-620-53371-00000 $ 180.00 244204 12/14/2023 MERCURY FENCE CO., INC FENCE REPAIRS@IiILDA SOLIS PARK 11/27/2023 252-60-620-53371-00000 $ 1,900.00 244205 12/14/2023 MIRNA ESCOBEDO IGLOO COOLER PLASTIC PARTS KIT FOR HOLIDAY PARADE 100-60-610-53100-16148 $ 33.06 244206 12/14/2023 MV CHENG & ASSOCIATES INC. NOV 2023-CONSULTING SRVC RELATED ANNUAL AUDIT 100-20-210-51100-00000 $ 380.00 244207 12/14/2023 NICHOLS LUMBER & HARDWARE HAND SANITIZER GEL 40Z 100-40-460-53100-00000 $ 32.03 244208 12/14/2023 ODP BUSINESS SOLUTIONS, LLC CITY WIDE PAPER 401-10-141-53100-11504 $ 1,732.77 244209 12/14/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 200-50-520-58100-55022 $ 187,886.25 244209 12/14/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO NOV. 2023 234-50-520-58100-55022 $ 91,342.50 244209 12/14/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 258-50-520-58100-55022 $ 13,205.00 244209 12/14/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 270-50-520-58100-55022 $ 8,455.00 244209 12/14/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO NOV. 2023 275-50-765-58100-55022 $ 187,886.25 244210 12/14/2023 RALPH PENA COMPUTER LOAN FY23/24 100-00-000-11031-00000 $ 1,500.00 244211 12/14/2023 RAQUEL M. CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 $ 115.39 244212 12/14/2023 RICOH USA INC MAINTENANCE FOR 8 RICOH COPIERS. 401-10-141-51101-11502 $ 232.18 244212 12/14/2023 RICOH USA INC MAINTENANCE FOR 8 RICOH COPIERS ON 12/1/2023 401-10-141-53371-11504 $ 1,204.67 244213 12/14/2023 ROSANNA MEDIA SERVICES FOR HAWAIIAN DANCE CLASSES 10/9-11/13/23 501-60-000-22328-00000 $ 409.50 244214 12/14/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY BUILDINGSA 0/30-11/29/202 100-60-620-53402-00000 $ 547.04 244214 12/14/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY PARKS 10/30-11/29/2023 252-60-620-53402-00000 $ 7,283.84 244214 12/14/2023 SAN GABRIEL VALLEY WATER COMPANY WATER SERVICE FOR SERENITY HOMES-10/30-11/29/2023 275-60-710-53370-66023 $ 1,079.26 244214 12/14/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR SPRINKLERS 251-50-560-53402-00000 $ 2,451.45 244215 12/14/2023 SCARLET ARIZMENDI REIM OF RENTAL DEPOSIT FOR ESTHER SNYDER DANCE 501-60-000-22333-00000 $ 150.00 244216 12/14/2023 SERVICE FIRST CONTRACTORS AQUATIC CENTER POOL MAINTENANCE ON 11/27/2023 100-60-620-53371-00000 $ 189.47 244216 12/14/2023 SERVICE FIRST CONTRACTORS AQUATIC CENTER POOL MAINTENANCE ON 11/27/2023 252-60-620-53371-00000 $ 189.47 244217 12/14/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 11/30/2023 100-60-630-53100-00000 $ 20.99 244217 12/14/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 12/5/2023 100-60-630-53100-00000 $ 189.85 244217 12/14/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 12/1/2023 100-60-630-53100-00000 $ 185.56 244217 12/14/2023 SMART & FINAL MATERIALS & SUPPLIES FOR HOLIDAY PARADE 11/30/2023 100-60-610-53100-16148 $ 815.37 244217 12/14/2023 SMART & FINAL MATERIALS & SUPPLIES FOR YOUTH SPORTS PROGRAM 501-60-000-22326-00000 $ 41.61 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY TRAFFIC SIGNALS & STREET 11/1-11/30 251-50-530-5340 1 -00000 $ 47,790.23 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY -TRAFFIC SIGNALS & STREET 11/6-12/6 251-50-530-53401-00000 $ 75.31 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY TRAFFIC SIGNALS & STREET 11/7-12/7 251-50-530-53401-00000 $ 76.07 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY TRAFFIC SIGNALS & STREET 11/7-12/7 251-50-530-53401-00000 $ 91.35 Page 3 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS:11/7-12/7/2023 100-60-620-53401-00000 $ 5,145.27 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS:I 1/7-12/7/2023 100-60-620-53401-00000 $ 1,221.30 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS:11/5-12/6/2023 100-60-620-53401-00000 $ 1,531.04 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY TRAFFIC SIGNALS & STREET:11/6-12/6 251-50-530-53401-00000 $ 100.75 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 7&61 244218 12/14/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS:10/25-I1/26/2023 100-60-620-53401-00000 $ 23,728.82 244219 12/14/2023 SPARKLETTS WATER AND COFFEE SUPPLIES FOR CITY YARD 100-60-620-53100-00000 $ 373.43 244220 12/14/2023 SUZAN MURPHY REIM RENTAL DEPOSIT- JULIA MCNEILLAVEST ROOMS 12/3 501-60-000-22333-00000 $ 300.00 244221 12/14/2023 THE DRALA PROJECT INC HP M406DN PRINTERS FOR RECORDS, 2/EA 100-30-330-53390-00000 $ 1,160.54 244222 12/14/2023 TK ELEVATOR CORPORATION ELEVATOR SERVICE/MAINTENANCE @ARC 11/1/23-1/31/24 100-60-620-5337 1 -00000 $ 104.07 244223 12/14/2023 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE FOR DEC. 2023 401-10-141-53403-11506 $ 7,090.82 244224 12/14/2023 CLINE, INC. 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DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 77.15 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 6T58 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 96.00 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 24.83 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 328.19 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 20T55 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPL.IESFOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 58.26 244486 01/11/2024 HOME DEPOT MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 28.60 Page 14 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244486 01/11/2024 HOME DEPOT 244488 01/11/2024 JC'S PLUMBING & BACKFLOW SVC 244488 01/11/2024 JC'S PLUMBING & BACKFLOW SVC 244488 01/11/2024 JC'S PLUMBING & BACKFLOW SVC 244489 01/11/2024 LA CANADA DESIGN GROUP INC 244490 01/11/2024 LEWIS ENGRAVING INC 244491 01/11/2024 LIFTOFF LLC 244492 01/11/2024 LOS ANGELES COUNTY PUBLIC WORKS 244493 01/11/2024 LOS ANGELES COUNTY PUBLIC WORKS 244494 01/11/2024 LOS ANGELES COUNTY SHERIFFS DEPARTMENT 244495 01/11/2024 MAJESTIC FIRE PROTECTION INC 244496 01/11/2024 MANUEL CARRILLO, JR 244496 01/11/2024 MANUEL CARRILLO, JR 244496 01/11/2024 MANUEL CARRILLO, JR 244496 01/11/2024 MANUEL CARRILLO, JR 244497 01/11/2024 MARIPOSA LANDSCAPES INC. 244498 01/11/2024 MARYUM QUBADI 244498 01/11/2024 MARYUM QUBALII 244499 01/11/2024 MICHAELKELLY 244500 01/11/2024 MIGUEL ANGEL GARCIA 244501 01/11/2024 MOON VALLEY NURSERY CONSOLIDATED HOLDINGS, LLC 244502 01/11/2024 NICHOLS LUMBER & IARDWARE 244502 01/11/2024 NICHOLS LUMBER & HARDWARE 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244503 01/11/2024 ODP BUSINESS SOLUTIONS, LLC 244504 01/11/2024 PALICON CROUP 244505 01/11/2024 PUENTE HILLS FORD LLC 244505 01/11/2024 PUENTE HILLS FORD LLC 244505 01/11/2024 PUENTE HILLS FORD LLC 244506 01/11/2024 RAQUELM. CERVANTES 244507 01/11/2024 ROYAL COACHES AUTO BODY & TOWING INC. 244508 01/11/2024 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 244509 01/11/2024 SAN GABRIEL VALLEY WATER COMPANY 244510 01/11/2024 SCHINDLER ELEVATOR CORPORATION 244510 01/11/2024 SCHINDLER ELEVATOR CORPORATION 244511 01/11/2024 SOUTHERN CALIFORNIA EDISON 244511 01/11/2024 SOUTHERN CALIFORNIA EDISON 244512 01/11/2024 SPARKLETTS 244512 01/11/2024 SPARKLETTS 244512 01/11/2024 SPARKLETTS 244512 01/11/2024 SPARKLETTS 244513 01/11/2024 STARSIDE SECURITY & INVESTIGATIONS INC 244514 01/11/2024 SUSAN SAXF CLIFFORD,PH.D 244514 01/11/2024 SUSAN SAXE-CLIFFORD,PH.D 244515 01/11/2024 TERMINIX 244515 01/11/2024 TERMINLY MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE. MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE. MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE. MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE PLUMBING REPAIRS AT CITY FACILITIES-12/6/23 PLUMBING REPAIRS AT CITY FACILITIES-12/06/2023 PLUMBING REPAIRS AT CITY FACILITIES-] 2/6/2023 6/27-7/31/2023-ARCHITECTURAL&ENGINEERING DESIGN DESK NAME PLATE-PD EMPLOYEES OFFICE 365 Gl-2 LICENSES- $220/EA CIMP-CITY'S SHARE FOR UPPER SG RIVER WATERSIfED MAINTENANCE-NOV 2023-TRAFFIC SIGNAL&LIGHT CASE# CVMV2300227-ANDRES A VILLALOBOS QUATERLY FIRE EXTINGUISER TEST a)COMM. CENTER 10/25 FLIGHT RESER.-USA BOXING TOURNAMENT 12/1-10/23 FLIGHT RESER.-USA BOXING TOURNAMENT 12/1-10/23 FLYERS -STAKEHOLDERS OVERSIG-NEXTDAYFLYERS#11964968 MATERIALS&SUPPLIES FOR SERENITY HOMES DINNER DEC 2023-LANDSCAPE MAINTENANCE SPEED BAG SWIVELS FOR THE BOXING CLUB SPEED BAG SWIVELS FOR THE BOXING CLUB TELEPHONE USAGE FOR INMATES IN ,TAIL FOR DEC. 2023 SANTA CLAUS SUIT -SERENITY HOMES IIOLIDAY 12/19/23 MATERIALS FOR STRAWBERRY TREE-PACIFIC&PUENTE AVE MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE PLANNING DIVISION SUPPLIES MATERIALS & SUPPLIES FOR PD MATERIALS & SUPPLIES FOR PD MATERIALS & SUPPLIES FOR PD MATERIALS & SUPPLIES FOR PD MATERIALS & SUPPLIES FOR PD BACKGROUND CANNABIS APPLICANT JASON E. TURCHIN PURCHASE OF CONVERTER, AND MISCELLOUS SUPPLIES PURCHASE OF CONVERTER, AND MISCELLOUS SUPPLIES PURCHASE OF CONVERTER, AND MISCELLOUS SUPPLIES CASE# RID 1202591- NOE CERVANTES TOWING OF KUBOTA TRACTOR 12/18/2023 REGIONAL FOOD RECOVERY RY SERVICES 9/19/2023 COST OF WATER FOR CITY PARKS:11/22-12/21/2023 ELEVATOR MAINTENANCE @ CITY HALL PARKING 10/26/23 MAINTENANCE, OF ELEVATORS@ CITY HALL 9/1-11/30/23 METROLINK STATION:11/27-12/26/2023 ACCT#700375927 SERVICE TINY HOMES 11/17-12/18/23 ACC#700751970518 WATER & COFFE SUPPPLIES FOR CITY FACILITES WATER & COFFE SUPPPLIES FOR CITY FACILITES WATER & COFFER SUPPPLIES FOR CITY FACILITES WATER AND COFFEE SUPPLIES FOR CITY YARD JAIL SERVICES FOR FY23-24 NOV. 2023 PSYCH. EXAM FOR RICARDO BUGARIN PSYCH, EXAM FOR CARLOS CAMARENA EXTERMINATOR SERVICES AT CITY FACILITIES 10/6/2023 EXTERMINATOR SERVICES AT CITY FACILITIES 11/l/2023 252-60-620-53100-00000 $ 92.46 100-60-620-53100-00000 $ 205.92 100-60-620-53100-00000 $ 28.09 252-60-620-53100-00000 $ 6.53 252-60-620-53100-00000 $ 21.56 252-60-620-53100-00000 $ 21.43 252-60-620-53100-00000 $ 176.59 100-60-620-5337 1 -00000 $ 1,492.30 100-60-620-5337 1 -00000 $ 150.00 100-60-620-5337 1 -00000 $ 259.16 270-50-520-58100-55022 $ 13,177.50 100-30-310-53100-00000 $ 105.84 401-10-140-51100-00000 $ 220.00 249-50-510-51100-15400 $ 1,363.90 251-50-530-51100-00000 $ 1,006.32 100-00-000-21225-00000 $ 710.22 100-60-620-5337 1 -00000 $ 550.00 275-60-734-53370-16070 $ 657.58 501-60-000-22328-00000 $ 2,160,62 100-25-299-53100-11432 $ 339.02 501-60-000-22328-00000 $ 314.85 251-50-560-51100-00000 $ 8,333.33 100-60-610-53100-16130 $ 672.49 501-60-000-22328-16130 $ 154.39 100-30-370-51101-00000 $ 200.00 100-60-610-53100-00000 $ 300.00 240-50-561-53100-00000 $ 1,969.36 100-60-620-53100-00000 $ 68.07 252-60-620-53100-00000 $ 68.07 100-40-440-53100-00000 $ 88.55 100-30-330-53100-00000 $ 409.36 100-30-330-53100-00000 $ 252.46 100-30-330-53100-00000 $ 66.35 100-30-350-53100-00000 $ 312.06 100-30-300-53100-00000 $ 92.44 100-30-000-42315-14070 $ 350.00 402-50-590-53100-00000 $ 2,745.73 402-50-591-53100-00000 $ 149.80 402-50-591-53100-00000 $ 346.90 100-00-000-21225-00000 $ 115.39 402-50-590-51101-00000 $ 421.50 270-50-540-51101-15007 $ 47,19T16 252-60-620-53402-00000 $ 1,136.62 245-60-620-53371-15882 $ 2,945.87 245-60-620-53371-15882 $ 6,534.77 245-50-530-53401-15535 $ 235.48 275-60-710-53370-66023 $ 369.49 100-60-620-53100-00000 $ 1,039.68 100-60-620-53100-00000 $ 824.47 252-60-620-53100-00000 $ 1,864.16 100-60-620-53100-00000 $ 398.57 100-30-370-51100-00000 $ 38,004.87 100-30-310-51100-00000 $ 450.00 100-30-310-51100-00000 $ 450.00 100-60-620-53 37 1 -00000 $ 141.00 100-60-620-53 37 1 -00000 $ 90.00 Page 15 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/1/2023 100-60-620-5337 1 -00000 $ 59.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/2/2023 100-60-620-53 37 1 -00000 $ 132.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/2/2023 100-60-620-53 37 1 -00000 $ 62.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-53 37 1 -00000 $ 75.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-53 37 1 -00000 $ 108.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-53 37 1 -00000 $ 50.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-5337 1 -00000 $ 45.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-53 37 1 -00000 $ 147.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/9/2023 100-60-620-5337 1 -00000 $ 157.00 244515 01/11/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/7/2023 100-60-620-53 37 1 -00000 $ 141.00 244516 01/11/2024 THE DIGITAL GRILL METROLINK PARKING DECALS 2024 244-50-580-53320-15525 $ 1,051.20 244517 01/11/2024 THE GAS COMPANY COST OF GAS FOR CITY BUILDINGS:11/29-12/29/2023 100-60-620-53400-00000 $ 5,022.34 244517 01/11/2024 THE GAS COMPANY COST OF GAS FOR CITY PARKS:11/27-12/27/2023 252-60-620-53400-00000 $ 1,722.97 244517 01/11/2024 TFE GAS COMPANY GAS SERVICE TINY HOMES 13167 GARVEY AVE] 1/28-12/28 275-60-710-53370-66023 $ 139.45 244518 01/11/2024 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 222.00 244518 01/11/2024 TFE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 222.00 244518 01/11/2024 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 222.00 244518 01/11/2024 TIME SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 58.50 244518 01/11/2024 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 222.00 244518 01/11/2024 TFiE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMNETS 100-30-330-51101-00000 $ 167.50 244519 01/11/2024 T-MOBILE GPS LOCATE NEEDED FOR DR23-07020 100-30-360-53100-00000 $ 200.00 244520 01/11/2024 T-MOBILE GPS TRACKING ON ALL CITY VEHICLES 402-50-590-51101-00000 $ 1,135.75 244520 01/11/2024 T-MOBILE PHONE SERVICE FOR 11/21/2023-12/20/2023 100-40-450-53403-00000 $ 325.78 244520 01/11/2024 T-MOBILE PHONE SERVICE FOR 11/21/2023-12/20/2023 100-40-460-53403-00000 $ 162.89 244521 01/11/2024 TRIPEPI,SMITH AND ASSOCIATES, INC COMMUNICATIONS & SOCIAL MEDIA SERVICES 12/31/2023 230-10-110-51100-11402 $ 1,652,50 244522 01/11/2024 TRIPLE B CORPORATION FOOD/PRODUCE FOR FREE SENIOR MEALS PROGRAM 275-60-713-53100-16075 $ 4,427.75 244522 01/11/2024 TRIPLE B CORPORATION FOOD/PRODUCE FOR FREE SENIOR MEALS PROGRAM 275-60-713-53100-16075 $ 4,037.75 244523 01/11/2024 TRI-SIGNAL INC. RE -ENABLE HALON SYSTEM & REPAIR FIRE SPRINKLER 100-60-620-53100-00000 $ 830.10 244523 01/11/2024 TRI-SIGNALING. RE -ENABLE HALONSYSTEM,REPAIRFIRE SPRINKLER 11/21 100-60-620-53371-00000 $ 1,547.10 244523 01/11/2024 TRI-SIGNAL INC. RE -ENABLE HALON SYSTEM,REPAIR FIRE SPRINKLER 11/06 100-60-620-53371-00000 $ 1,000.00 244523 01/11/2024 TRI-SIGNAL INC. ANNUAL SPRINKLER SYSTEM TEST/INSPECTION 8/30/23 100-60-620-53371-00000 $ 1,650.00 244524 01/11/2024 U.S. ARMOR CORPORATION SAFETY VEST FOR OFFICER MARIO ALCAZAR 100-30-310-53100-00000 $ 934.83 244525 01/11/2024 ULINE, INC. WATERHOG CARPET MATS 100-60-620-53100-00000 $ 565.55 244526 01/11/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 1/1-1/31/24 100-60-620-58140-00000 $ 973.34 244526 01/11/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 1/1-1/31/24 100-60-620-5 8140-15 100 $ 245.00 244526 01/11/2024 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 1/1-1/31/24 252-60-620-58140-00000 $ 973.33 244527 01/11/2024 VALLEY COUNTY WATER DIST WATER CONSUMPTION STREET SWEEPING 11/30-12/22/2023 251-50-562-53402-00000 $ 76.38 244527 01/11/2024 VALLEY COUNTY WATER DIST COST OF WATER FOR CITY BUILDINGS:11/22-12/18/2023 100-60-620-53402-00000 $ 2,294.11 244527 01/11/2024 VALLEY COUNTY WATER DIST COST OF WATER FOR CITY PARKS:11/22-12/18/2023 252-60-620-53402-00000 $ 1,135.66 244527 01/11/2024 VALLEY COUNTY WATER DIST COST OF WATER FOR SPRINKLERS:11/28-12/21/2023 251-50-560-53402-00000 $ 7,927.03 244527 01/11/2024 VALLEY COUNTY WATER DIST COST OF WATER FOR TRANSIT CENTER:11/28-12/21/2023 254-60-620-53402-15882 $ 526.01 244528 01/11/2024 VERIZON WIRELESS CELL PHONE SERVICE FOR 11/2/2023-12/21/2023 100-40-405-53403-00000 $ 50.92 244528 01/11/2024 VERIZON WIRELESS CELL PHONE SERVICE FOR 11/2/2023-12/21/2023 220-40-420-53403-14700 $ 50.92 244528 01/11/2024 VERIZON WIRELESS CELL PHONE-11/22-12/21/23 ACT#870914792-00016 100-10-110-53403-00000 $ 41.51 244529 01/11/2024 WASTE. MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEHICLES 402-50-590-53110-16140 $ 3,142.24 244530 01/11/2024 CWS SYSTEMS INC. 5%RETENTION 255-50-520-58100-15105 $ 18,185.98 244530 01/11/2024 CWS SYSTEMS INC. 5%RETENTION 258-50-520-58100-15105 $ 10,145.66 244531 01/11/2024 CWS SYSTEMS INC. CONSTRUCTION CONTRACT FOR FOSTER AVENUE 255-50-520-58100-15105 $ 3,689.50 244531 01/11/2024 CWS SYSTEMS INC. CONSTRUCTION CONTRACT FOR FOSTER AVENUE 258-50-520-58100-15105 $ 14,580.50 244531 01/11/2024 CWS SYSTEMS INC. CONSTRUCTION -FOSTER AVE-CIP 21-190-5% RETENTION 255-50-520-58100-15105 $ 8,124.54 244531 01/11/2024 CWS SYSTEMS INC. CONSTRUCTION -FOSTER AVF CIP 21-190-5%RETENTION 258-50-520-58100-15105 $ 2,819.40 244532 01/18/2024 ABIGAIL AVENDANO ARPA REIM-REGIST-BASIC TRACY ELEM-11/27-12/08/2023 275-60-734-53370-16077 $ 370.00 244533 01/18/2024 AFLAC AFLAC 100-00-000-21216-00000 $ 655.64 244533 01/18/2024 AFLAC AFLAC 100-00-000-21216-00000 $ 13T45 244533 01/18/2024 AFLAC AFLAC 100-00-000-21216-00000 $ 655.56 244533 01/18/2024 AFLAC AFLAC 100-00-000-21216-00000 $ 13T45 Page 16 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244534 01/18/2024 AGRISERVE PEST CONTROL INC PEST CONTROL RELATED TASKS 8/1/2023 251-50-560-51101-00000 $ 1,776.50 244534 01/18/2024 AGRISERVE PEST CONTROL. INC PEST CONTROL RELATED TASKS 11/20/2023 251-50-560-51101-00000 $ 300.88 244534 01/18/2024 AGRISERVE PEST CONTROL INC PEST CONTROL RELATED TASKS12/18/2023 251-50-560-51101-00000 $ 28K00 244534 01/18/2024 AGRISERVE PEST CONTROL. INC PEST CONTROL RELATED TASKS 12/26/2023 251-50-560-51101-00000 $ 300.00 244535 01/18/2024 ALEXIS YBARRA ARPA REIM-REGIST-BASIC KENMORE-11/27-12/08/2023 275-60-734-53370-16077 $ 65.00 244536 01/18/2024 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-2122 1 -00000 $ 81.12 244536 01/18/2024 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 $ 81.13 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ (66.80) 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 31.12 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 74.76 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,319.88 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,469.75 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,101.14 244537 01/18/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,225.31 244538 01/18/2024 AMERICAN LEGAL PUBLISHING CORP. ANNUAL WEB HOSTING FEE- I/ 1/2024-1/l/2025 100-10-120-51101-11430 $ 550.00 244539 01/18/2024 ANABEL SIMPEII ARPA REIM-REGIST-BASIC TRACY ELEM-11/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244540 01/18/2024 ANTONIA MACIAS ARP REIM-REGIS.-MEDIEVAL TIMES DINNER-11/4/2023 275-60-726-53370-16074 $ 60.00 244541 01/18/2024 APRIL M. ROJO REMAINING BALANCE OF TOYS PURCHASED -'FIFE POSADA 100-60-610-53100-16078 $ 2.03 244542 01/18/2024 ARMANDO L GONZALEZ C&D DEPOSIT REFUND-BLDG-0323-1717-12729 TORCH ST 246-00-000-22540-00000 $ 300.00 244542 01/18/2024 ARMANDO L GONZALEZ, C&D DEPOSIT REFUND-BLDG-0323-1716-12727 TORCH ST 246-00-000-22540-00000 $ 300.00 244543 01/18/2024 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 10.00 244544 01/18/2024 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 10.00 244545 01/18/2024 BENNY HUYNH ARP REIM-REGI S. -MEDIEVAL TIMES DINNER-11/4/2023 275-60-726-53370-16074 $ 120.00 244546 01/18/2024 BIG WAVE WINDOW INSTALL HOLIDAY LIGHTING THROUGHOUT CITY 11/27/23 254-50-520-58100-55038 $ 20,000.00 244546 01/18/2024 BIG WAVE WINDOW INSTALL HOLIDAY LIGHTING THROUGHOUT THE CITY 11/27 255-50-520-58100-55038 $ 4,919.00 244547 01/18/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS INCLUDING PARTS -POLICE VEHICLE 12/18/2023 402-50-591-53371-00000 $ 399.65 244548 01/18/2024 BO LU ARP REIM-REGIS.-MEDIEVAL TIMES DINNER-11/4/2023 275-60-726-53370-16074 $ 120.00 244549 01/18/2024 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 715.50 244549 01/18/2024 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 526.50 244550 01/18/2024 CALIFORNIA CONSULTING, INC. DEC 2023-GRANT WRITING SERVICES 100-25-299-51100-17000 $ 4,500.00 244551 01/18/2024 CARLOS A MALDONADO C&D DEPOSIT REFUND-1300-022-388-4013 VIRGINIA AVE 246-00-000-22540-00000 $ 617.00 244552 01/18/2024 CARLOS N QUINTANA ENTERTAINMENT FOR VALENTINES DANCE-2/3/2024 501-60-000-22327-00000 $ 2,438.00 244553 01/18/2024 CHICAS GRAPHICS AND DESIGN NO PARKING SIGNS FOR 12/14&12/15/2023 240-50-550-53100-15705 $ 311.45 244553 01/18/2024 CHICAS GRAPHICS AND DESIGN SIGNS FOR HOLIDAY HOME DECORATING CONTEST 12/2023 501-60-000-22328-00000 $ 115.76 244554 01/18/2024 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 244554 01/18/2024 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 18.00 244554 01/18/2024 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 244554 01/18/2024 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 18.00 244555 01/18/2024 CLARISSA E. BARCELO ARPA REIM-REGIST-BASiC FOSTER-11/27-12/08/2023 275-60-734-53370-16077 $ 65.00 244556 01/18/2024 CONCHITA RENON VILLAR ARP REIM-REGIS.-MEDIEVAL TIMES DINNER-11/4/2023 275-60-726-53370-16074 $ 60.00 244557 01/18/2024 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 12/1-12/31/2023 100-10-120-51101-11431 $ 60.37 244558 01/18/2024 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE, NOV 2023-ANIMAL CONTROL SERVICES 275-30-712-51100-13250 $ 57,391.61 244559 01/18/2024 CYNTHIA J. LEON ARPA REIM-REGIST-BASiC FOSTER-I1/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244560 01/18/2024 DAISY ROSALES ARPA REIM-REGIST-BASiC POSTER-11/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244561 01/18/2024 DANIEL GARCIA JR ARPA REIM-REGIST-BASiC TRACY ELEM-10/23-12/08/2023 275-60-734-53370-16077 $ 338.00 244562 01/18/2024 DEPT OF INDUSTRIAL RELATIONS ELEVATOR INSPECTION&PERMIT FEE 11/28/23@CITY HALL 245-60-620-53371-15882 $ 225.00 244562 01/18/2024 DEPT OF INDUSTRIAL RELATIONS ELEVATOR INSPECTION&PERMIT FEE 11 /28/23 @CITY HALL 245-60-620-53371-15882 $ 350.00 244562 01/18/2024 DEPT OF INDUSTRIAL RELATIONS ELEVATOR INSPECTION&PERMIT FEE 11/28/23@CITY HALL 245-60-620-53371-15882 $ 225.00 244562 01/18/2024 DEPT OF INDUSTRIAL RELATIONS ELEVATOR INSPECTION&PERMIT FEE 11 /28/23 @CITY HALL 245-60-620-53371-15882 $ 350.00 244563 01/18/2024 DESERIE C. DURAN ARPA REIM-REGIST-BASiC TRACY ELEM-11/27-12/08/2023 275-60-734-53370-16077 $ 65.00 244564 01/18/2024 DURHAM SCHOOL SERVICES TRANSPORTATION -WINTER DAY -REGAL EDWARDS-12/27/23 275-60-737-51101-16071 $ 556.83 244565 01/18/2024 ELIO PALACIO JR. EMERGENCY SERVICEES FOR RENT 10/3-12/5/2023 100-40-130-51102-14200 $ 1,288.46 244566 01/18/2024 EL.ISA G. TRUE ARP REIM-RF,GIS.-MEDIEVAL TIMES DINNER-11/4/2023 275-60-726-53370-16074 $ 60.00 244567 01/18/2024 ELIZABETH ARZOLA ARPA REIM-REGIST-BASiC GEDDES-11/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244568 01/18/2024 EL:VIRA SANCHEZ, ARPA REIM REGIST-BASiC FOSTER-I1/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244569 01/18/2024 ESMERALDA CENTENO ARPA REIM-REGIST-BASiC TRACY ELEM-11/27-12/08/2023 275-60-734-53370-16077 $ 130.00 Page 17 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 244570 01/18/2024 EVELYN CHAVEZ ARPA REIM-REGIST-BASIC VINELAND-11/27-12/08/2023 275-60-734-53370-16077 $ 130.00 244571 01/18/2024 EZEQUIEL CONTRERAS TAE KWON DO INSTRUCTOR-11/27-12/28/2023 501-60-000-22328-00000 $ 600.60 244572 01/18/2024 FOOD 4 LESS PURCHASE FOOD FOR FOOD GIVEWAY 2/2/2024 275-60-713-53100-16072 $ 15,354.00 244573 01/18/2024 FRONTIER COMMUNICATIONS ACT#62633857950317985-PD PHONE-] 2/28/23-1/27/24 100-30-310-53403-00000 $ 172.79 244574 01/18/2024 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OF GOVERNMENTS AMENDMENT 2 TO MOA BETWEEN CITY AND 240-50-510-51101-15010 $ 9,000.00 244625 01/18/2024 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY BUILDINGS:11/29-12/27/2023 100-60-620-53402-00000 $ 523.73 244626 01/18/2024 SANDRA JUAREZ ARPA REC SUBSIDY REIM FOR REG . ACTIVITY NOV.2023 275-60-734-53370-16070 $ 60.00 244627 01/18/2024 SIRCHIE FINGER PRINT LABORATORIES SUPPLIES FOR EVIDENCE 100-30-340-53100-00000 $ 87.14 244628 01/18/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR THE SENIOR CENTER 501-60-000-22327-00000 $ 52.34 244628 01/18/2024 SMART & FINAL MAERIALS & SUPPLIES FOR SERENITY HOMES THX DINNER 501-60-000-22328-00000 $ 77.78 244628 01/18/2024 SMART & FINAL MATERIALS & SUPPLIES FOR TEEN CENTER 100-60-660-53100-00000 $ 283.04 244628 01/18/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR THE SENIOR CENTER 501-60-000-22327-00000 $ 41.84 244628 01/18/2024 SMART & FINAL MATERIALS & SUPPLIES FOR WINTER DAY CAMP 100-60-650-53100-00000 $ 81.47 244628 01/18/2024 SMART & FINAL MATERIALS & SUPPLIES FOR WINTER DAY CAMP 100-60-650-53100-00000 $ 56.95 244628 01/18/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR THE SENIOR CENTER 501-60-000-22327-00000 $ 87.29 244628 01/18/2024 SMART & FINAL MATERIALS & SUPPLIES PURCHASE FOR HOLIDAY FOOD 100-60-640-53100-16106 $ 205.13 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON COST OF ENERGY :12/1/2023-12/31/2023 251-50-530-53401-00000 $ 47,790.23 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET 12/7/23-1/7/24 251-50-530-53401-00000 $ 78.04 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON ENERGY -TRAFFIC SIGNALS & STREET 11/21-12/2023 251-50-530-53401-00000 $ 108.08 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGSI2/7/2023-1/7/202 100-60-620-53401-00000 $ 1,491.25 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON ENERGY -TRAFFIC SIGNALS & STREET: 12/7/2023-1/7/2024 251-50-530-53401-00000 $ 104.48 244629 01/18/2024 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR PARK BUILDINGS:11/22-12/21/2023 252-60-620-53401-00000 $ 1,110.93 244630 01/18/2024 SPARKLETTS WATER AND COFFEE SUPPLIES FOR CITY YARD 100-60-620-53100-00000 $ 190.94 244631 01/18/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ (4.05) 244631 01/18/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ (21.54) 244631 01/18/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 53.94 244631 01/18/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,069.74 244631 01/18/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 743.67 244632 01/18/2024 STERICYCLE, INC. COLLECTION OF BIOHAZARD MATERIALS 100-30-340-53100-00000 $ 85.83 244633 01/18/2024 SUNBELT RENTALS RENTAL OF MANLIFT CITY HALL LIGHTS 12/11-12/12/23 245-50-550-53391-15622 $ 1,604,48 244633 01/18/2024 SUNBELT RENTALS RENTAL OF MANLIFT CITY HALL LIGHTS 12/22-12/26/23 245-50-550-53391-15622 $ 88.73 244634 01/18/2024 SUNRUN INSTALLATION SERVICES, INC. PERMIT REFUND 13151 SHAVER ST.BLDG0223-1635 100-40-000-43400-00000 $ 257.60 244634 01/18/2024 SUNRUN INSTALLATION SERVICES, INC. PERMIT REFUND 14321 SCOTT PL. 100-40-000-43400-00000 $ 257.60 244635 01/18/2024 SWRCB ANNUAL PERMIT FEES -4 19C364273 7/l/2019-6/30/2020 249-50-510-51100-15400 $ 442.00 244636 01/18/2024 TARGET SPECIALTY PRODUCTS HERBICIDES AND FERTILIZERS 251-50-560-53100-00000 $ 277.62 244636 01/18/2024 TARGET SPECIALTY PRODUCTS HERBICIDES AND FERTILIZERS 251-50-560-53100-00000 $ 1,612.01 244636 01/18/2024 TARGET SPECIALTY PRODUCTS HERBICIDES AND FERTILIZERS 251-50-560-53100-00000 $ 4,234.12 244637 01/18/2024 TERESA NUESCA REGISTRATION FOR NOV. 4-MEDIEVAL TIMES DINNER 275-60-726-53370-16074 $ 60.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 12/4/2023 100-60-620-53371-00000 $ 132.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 12/4/2023 100-60-620-53371-00000 $ 62.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 12/4/2023 100-60-620-53371-00000 $ 59.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 12/4/2023 100-60-620-53371-00000 $ 90.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICESCa,) CITY FACILITIES 12/12/2023 100-60-620-53371-00000 $ 45.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES@ CITY FACILITIES 12/12/2023 100-60-620-53371-00000 $ 108.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICESCa,) CITY FACILITIES 12/12/2023 100-60-620-53371-00000 $ 15T00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES@ CITY FACILITIES 12/12/2023 100-60-620-53371-00000 $ 50.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICESCa,) CITY FACILITIES 12/12/2023 100-60-620-53371-00000 $ 75.00 244638 01/18/2024 TERMINIX EXTERMINATOR SERVICES@ CITY FACILITIES 12/13/2023 100-60-620-53371-00000 $ 147.00 244639 01/18/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ (20.65) 244639 01/18/2024 THE LINCOLN NATIONAL LIFE, INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ (18.15) 244639 01/18/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ (3.63) 244639 01/18/2024 THE LINCOLN NATIONAL LIFE, INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ (7.26) 244639 01/18/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 101.50 244639 01/18/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. 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POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 926.00 DFT0008141 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,200.81 DFT0008142 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 1,148.43 DFT0008143 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 734.76 DFT0008144 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 5,842.97 DFT0008145 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 $ 2,602.37 DFT0008146 12/14/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 2,583.98 DFT0008147 12/14/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 252.03 DFT0008148 12/14/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 52.58 DFT0008149 12/14/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 18.81 DFT0008150 12/14/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 51.54 DFT0008151 12/14/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,850.00 DFT0008152 12/14/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,625.00 DFT0008153 12/14/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 896.55 DFT0008154 01/04/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 16,829.26 DFT0008155 01/04/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 28,102,31 DFT0008156 01/04/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 739.15 DFT0008157 01/04/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 26,009.98 DFT0008158 01/04/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 17,942.51 DFT0008159 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 378.32 DFT0008160 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 13,528.90 DFT0008161 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,330.13 DFT0008162 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0008163 12/14/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 71,907.66 DFT0008164 12/14/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 6,947.56 DFT0008165 12/14/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 23,833.53 DFT0008166 12/14/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 28,556.63 DFT0008172 12/14/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 12.12 DFT0008175 01/04/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ (803.65) DFT0008177 01/04/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ (791.38) DFT0008178 12/14/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 192.87 DFT0008180 12/14/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 82.22 DFT0008184 12/12/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 16.01 DFT0008185 12/12/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 1.92 DFT0008186 12/12/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 6.84 DFT0008192 12/26/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 4.45 DFT0008194 12/26/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 1.97 DFT0008202 12/26/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 4.34 DFT0008203 12/26/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 0.56 DFT0008204 12/26/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 1.31 DFT0008205 12/28/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 13,442.00 DFT0008206 12/28/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 3,373.53 DFT0008207 12/28/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 1,267.00 DFT0008208 12/28/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 728.09 DFT0008209 12/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 984.14 DFT0008210 01/18/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 186.00 DFT0008211 01/18/2024 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 DFT0008212 01/18/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 18,789.64 DFT0008213 01/18/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 16,102.52 DFT0008214 01/18/2024 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 9,149.34 DFT0008215 01/18/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 10,043.76 DFT0008216 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 6,280.17 DFT0008217 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 1,934.59 Page 25 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount DFT0008218 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 $ 1,012.66 DFT0008219 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 42,900.36 DFT0008220 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,694.47 DFT0008221 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIEL,D TRIO 100-00-000-21210-00000 $ 704.69 DFT0008222 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 926.00 DFT0008223 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,200.81 DFT0008224 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 959.77 DFT0008225 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 734.76 DFT0008226 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 5,842.97 DFT0008227 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM L3EALTH INSURANCE 100-00-000-21210-00000 $ 2,602.37 DFT0008228 12/28/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 2,379.06 DFT0008229 12/28/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 52.58 DFT0008230 12/28/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 18.81 DFT0008231 12/28/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 51.54 DFT0008232 12/28/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,800.00 DFT0008233 12/28/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,625.00 DFT0008234 12/28/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 896.55 DFT0008235 01/18/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 18,521.23 DFT0008236 01/18/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 27,560,26 DFT0008237 01/18/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 657.67 DFT0008238 01/18/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 25,408.32 DFT0008239 01/18/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 17,342.64 DFT0008240 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 378.32 DFT0008241 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 13,528.90 DFT0008242 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,330.13 DFT0008243 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0008244 12/28/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 93,743.51 DFT0008245 12/28/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 6,057.06 DFT0008246 12/28/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 26,002,09 DFT0008247 12/28/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 37,157.04 DFT0008248 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' RETIRED PREMIUM 100-25-299-50223-00000 $ 21,980.00 DFT0008249 01/08/2024 CALIFORNIA PUBLIC EMPLOYEES' ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 $ 924.11 DFT0008250 01/10/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 8,725.99 DFT0008251 01/29/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 12.00 DFT0008252 01/29/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 96.00 DFT0008253 01/29/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 120.00 DFT0008255 01/10/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 934.01 DFT0008256 01/10/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 5,250.00 DFT0008257 01/29/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 155.40 DFT0008258 01/29/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 207.20 DFT0008259 01/10/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 328.51 DFT0008260 01/10/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 488.16 DFT0008261 01/10/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 34.36 DFT0008275 01/08/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 38.80 DFT0008276 01/08/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-2120 1 -00000 $ 10.26 DFT0008277 01/08/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 17.14 DFT0008278 01/11/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 38,957.00 DFT0008279 01/11/2024 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 3,786A7 DFT0008280 01/11/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 1,267.00 DFT0008281 01/11/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 715.93 DFT0008282 01/11/2024 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 959.11 DFT0008300 01/11/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 2,379.06 DFT0008301 01/11/2024 MASSMUTUAL, DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 252.03 DFT0008302 01/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 52.58 DFT0008303 01/11/2024 MASSMUTUAL, DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 18.81 DFT0008304 01/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 51.54 Page 26 of 27 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount DFT0008305 01/11/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,750.00 DFT0008306 01/11/2024 MASSMUTUAL, MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,625.00 DFT0008307 01/11/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 896.55 DFT0008318 01/11/2024 INTERNAL. REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 90,998.51 DFT0008319 01/11/2024 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 4,238.06 DFT0008320 01/11/2024 INTERNAL. REVENUE SERVICE MEDICARE, PAYMENT 100-00-000-2120 1 -00000 $ 26,068.60 DFT0008321 01/11/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 39,332.87 DFT0008324 01 /18/2024 AUL HEALTH BENEFIT TRUST ADMIN FEE- LATE PAYROLL REPORITNG 100-25-299-50223-00000 $ 68,281.00 DFT0008325 01/15/2024 CALPERS ID#2485886186 2024RBF-FERNANDO TARIN 100-25-299-50236-00000 $ 1,572.12 Grand Total: S 4.557.213.33 Page 27 of 27 ITEM NO. Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk February 7, 2024 Meeting Minutes /+1 IAA 11A A r'bV The City Council held the following meetings on December 6, 2023: Special City Council Meeting and Regular City Council Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on December 6, 2023. FISCAL IMPACT There is no fiscal impact associated with this item. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting Minutes of December 6, 2023 Page 1 / 1 Mayor Emmanuel J. Estrada Mayor Pro Tern Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:13 p.m. by Mayor Estrada. ROLL CALL Chief Deputy City Clerk Quinones performed roll call: Council Member Alejandra Avila (present) Council Member Jean M Ayala (present) Council Member Daniel Damian (present — teleconference AB 2449) Mayor Pro Tem Monica Garcia (absent) Mayor Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Mayor Estrada opened public communication at approximately 5:16 p.m. The following spoke: 1) Greg Tuttle Seeing no more public speakers, Mayor closed public communications. OPEN SESSION/STUDY SESSION Brent Laidlaw presented the Store Modernization Project at the Baldwin Park Laidlaw Harley- Davidson Location RECESS CLOSED SESSION at approximately 5:42 p.m. 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: DJCBP Corporation dba Tier One Consulting and David Ju No Reportable Action Case: K8 Investor Holding, LLC vs City of Baldwin Park No Reportable Action Case: Palp Inc., dba Excel Paving Company v. City of Baldwin Park, Los Angeles County Superior Court No Reportable Action Case No. 2:23-cv-00384 Case No. 2:23-CV-02428-SVW(PVCx) .Mmorlyffla iI�LIZ1yL6T•! City Council. Special Meeting Minutes Page 1 of 2 Case: Gabriela Cabrera v. City of Baldwin Park Case No. 23PSCV02656 Los Angeles County Superior Court No Reportable Action 2. Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957: Title: Director of Community Development Housing Manager No Reportable Action Mayor Estrada closed the Special Meeting at approximately 7:16 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: February 7, 2024 Emmanuel J Estrada, Mayor City Council. Special Meeting Minutes Page 2 of 2 • C ,,NMme n1301 Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Couneilmember Alejandra Avila Couneilmember Daniel Damian Couneilmember Monica Garcia The meeting was called to order by Mayor Estrada at approximately 7:10 p.m. INVOCATION The invocation was led by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: Council Member Alejandra Avila (present) Council Member Jean M. Ayala (present) Council Member Daniel Damian (present — teleconference AB 2449) Mayor Pro Tem Monica Garcia (present) Mayor Emmanuel J. Estrada (present) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced there was no reportable action on the items listed on the Special Meeting Agenda. All members were present. MOTION: Mayor Estrada closed the Special Meeting at approximately 7:16 p.m. ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Estrada and the City Council presented Certificates of Recognition for the Administration Department Employees 20+ years of service. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:40 p.m. The following spoke: 1) Irma Morales 2) Valerie Munoz 3) Abel 4) Jonathan Seeing no more public speakers, Mayor closed public communications. City Council Regular Meeting Minutes Page 1 of 8 CONSENT CALENDAR 1. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 2. Annual Comprehensive Financial Report (ACFR) For Fiscal Year 2021-22 Motion to receive and file the City of Baldwin Park's ACFR for the fiscal year ended June 30, 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 3. Meeting Minutes Motion to approve the following meeting minutes of the Finance Authority Board Meeting, Housing Authority Board Meeting Special City Council and Regular City Council Meetings held on November 15, 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 4. Implement and Update Written Policies and Procedures for Accounting and Financial Reporting Motion to review and approve the following accounting and financial reporting policies and procedures as follows: 1. Federal Awards Management Policy 2. Monthly and Annual Closing Policy and Procedures 3. GASB 87 — Lease Policy and Procedures 4. GASB 96 — Subscription -Based Information Technology Policies and Procedures MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 5. Approve Appropriation of Additional Funds Within the Public Works Fleet Division Operations Budget for Replacement of Compressed Natural Gas (CNG) Tanks for Three Maintenance Work Utility Trucks. Motion to: 1. Approve appropriation of additional funds in the amount not -to -exceed $20,000 for Professional Services within Public Works Fleet Maintenance Division of FY23-24; and, 2. Authorize the Director of Finance to make the necessary appropriation, budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA City Council Regular Meeting Minutes Page 2 of 8 6. Accept Grant Award from Foothill Transit for the Bus Stop Enhancement Program (BSEP) Motion to: 1. Approve to accept Foothill Transit's Bus Stop Enhancement Program's (BSEP) Grant in the amount of $40,000; and 2. Authorize the Mayor to execute the Agreement with Foothill Transit; and 3. Authorize the Director of Public Works to finalize all associated documents with the grant; 4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget. Item #6 was pulled for further discussion. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 7. Request Appropriation of Funds for Utilities at Ezperanza Villa and Serenity Homes Motion to: 1. Authorize the Director of Finance to appropriate $50,600 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Esperanza Villa and Serenity Homes and make necessary budget adjustments; and 2. Authorize the Director of Finance to appropriate $22,500 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Serenity Homes and make necessary budget adjustments if PLHA funds are not approved. Item #7 was pulled for further discussion. MOTION: It was moved by Daniel Damian, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 8. Approve and Adopt Resolution No. 2023-043 of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569. Motion to: 1. Accept the Inventory Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221, 2. Adopt Resolution No. 2023-043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN INVENTORY REPORT OF THE CITY'S SURPLUS AND EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230' ; and 3. Authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1). MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 9. Consideration of the Nomination to Name Maine Avenue Mini Park Motion to name Maine Avenue Mini Park to Ana Montenegro Park. Item #9 was pulled for further discussion. MOTION: It was moved by Daniel Damian, seconded by Jean M Ayala to adopt with the name change of the mini park to Ana Montenegro Park Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA City Council Regular Meeting Minutes Page 3 of 8 10. Funding Assistance For the Baldwin Park Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts Motion to: 1. Find that it is in the City's best interest to provide financial support to the Baldwin Park Eastside Little League to resume operations and provide valuable youth sports services to our community. 2. Authorize the Director of Finance to appropriate $13,000 from anticipated potential savings from the America Rescue Plan Act (ARPA) Funds, Account No. 275-50-755-58100-55026, allocated to the Toilet Replacement Program, and to make necessary funding adjustments. 3. Authorize the Chief Executive Officer and the Director of Finance to issue a check to Eastside Little League for the amount of $13,000. 4. Authorize the Chief Executive Officer to make any technical adjustments to carry out the direction of the City Council. Item #10 was pulled for further discussion. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 11. Adoption of Resolution No. 2023-039 to Approve Commercial Cannabis Agreement No. 23- 03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02). Motion to adopt Resolution No. 2023-039 approving Commercial Cannabis Agreement No. 23- 03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02). MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 12. Approve and Adopt Resolution No. 2023-044 casting its votes for the Water Quality Authority (WQA) Board Member Representing Cities without Pumping Rights Motion to approve and adopt Resolution No. 2023-044 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING IT VOTE(S) FOR COUNCILMEMBER VALERIE MUNOZ TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY" Item #12 pulled for further discussion. MOTION: It was moved by Daniel Damian, seconded by Emmanuel Estrada to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 13. Susan Rubio Zocalo Park Retail Tenant Search Update. Motion to receive and file this report. MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA City Council Regular Meeting Minutes Page 4 of 8 14. Consideration for Approval Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge Participating in the Food Recovery Hub Program Motion to: 1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park, SGVCOG, City of La Canada Flintridge, and the Heart of Compassion Distribution to establish a purchase equipment transfer of ownership and associated responsibilities for all parties; and, 2. Authorize the Director of Public Works to process the necessary documents. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 15. Approval of Amendment Number 2 to the Grant Agreement with Oath to Country Foundation (OTCF) to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program with the City of Baldwin Park. Motion to authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country subject to any non -substantive changes made by the CEO and City Attorney. Item #15 pulled for further discussion. MOTION: It was moved by Monica Garcia, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 16. Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic Signal and Street Light Maintenance Services Motion to: 1. Approve Amendment No. 2 to the Maintenance Services Contract with Yunex for Traffic Signal and Street Light Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25 due to CPI increase; and, 2. Approve an increase to the annual not -to -exceed contract amount from $100,000 to $105,000 due to the CPI increase; and 3. Authorize the Mayor and City Clerk to execute Amendment No. 2; and, 4. Authorize the Finance Director to make necessary budget adjustments per the increase of rates to allow payments approved FY 2023-24. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA PUBLIC HEARING 17. Conduct a Public Hearing and Adopt of Resolution No. 2023-040 "A Resolution of the City Council of the City of Baldwin Park, California, Ordering Vacationing of an Alley Between Bogart Avenue and Downing Avenue Pursuant to Streets and Highways Code 8300-8325." Motion to: waive further reading, read by title only and adopt Resolution No. 2023-040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING VACATIONING OF AN ALLEY BETWEEN BOGART AVENUE AND DOWNING AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325." Mayor Estrada opened the Public Hearing and Communications at approximately 8:11 p.m. Seeing no comments Mayor Estrada closed the Public Hearing and Communications. City Council Regular Meeting Minutes Page 5 of 8 MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 18. A request for consideration and recommendation of approval of a Zoning Code Amendment to reduce the minimum number of hotel rooms, a Conditional Use Permit for the operation of a Hotel (Extended Stay America), Variance to reduce the number of required parking spaces, and a Design Review for architectural, parking lot, and landscaping improvements. (Location: 14624 Dalewood Street; Applicant: Lisette Sanchez -Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC; Case Numbers: AZC 22- 03, CP 22-11, ZV-22-07, PR 22-46). Motion to: 1. Adopt City Council Resolution 2023-041 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970' ; AND 3. Waive further reading, read by title only and introduce Ordinance 1508 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 153.120.310 (B) OF CHAPTER 153 TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO THE MINIMUM NUMBER OF HOTEL AND MOTEL GUEST ROOMS"; AND 4. Adopt City Council Resolution 2023-042 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT (CP 22-11) FOR THE OPERATION OF A HOTEL, A VARIANCE (ZV 22-07) TO DEVIATE FROM THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, AND DESIGN REVIEW (PR 22-46) TO FACILITATE THE RENOVATION AND REOPENING OF AN EXISTING VACANT HOTEL AS AN EXTENDED STAY AMERICA". Mayor Estrada opened Public Hearing at approximately 8:26 p.m. The following spoke: 1) Christopher Saenz Seeing no one wishing to speak, Public Hearing was closed. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA REPORTS OF OFFICERS 1.9. Authorize the Addition of Three (3) Patrol Vehicles to the City's Vehicle Lease Program Motion to: 1. Authorize the addition of three (3) new police vehicles to the City's Lease Program; and, 2. Authorize the Finance Director to appropriate FY 2023/24 budgeted funds for CIP No. 24- 029-15727/59003 in the amount of $96,000 from Acct. #402-50-591-58140-15727 and #402-50-591-58110-59003; and, 3. Authorize the Director of Public Works to add three (3) vehicles to the lease program and process the necessary documents. City Council Regular Meeting Minutes Page 6 of 8 MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. 20. Reorganization of the City Council — Selection of Mayor Pro Tempore for the 2024 Calendar Year Motion to nominate Jean M. Ayala as Mayor Pro Tempore. MOTION: It was moved by Alejandra Avila, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 21. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission. Motion to appoint the following to the Recreation and Community Services Commission: Norma Olmos and Maria Davalos for Seats 4 & 5; Itzel Herrera for Sierra Vista High School, Jason Barrios Smith for Baldwin Park High School and Lindsey Castro for North Park High School. MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 22. Approval of an Exception to the 180-Day California Employees' Retirement System (CaIPERS) Wait Period for a Retired Annuitant Under Government Code Sections 7522.56 and 21224 and Authorization to Execute an Employment Agreement with Mark Hsu to fill a Critical Need in the Information Systems Division of the Administration Department Motion to: 1. Approve and adopt Resolution No. 2023-038 approving an exemption to the 180-day CaIPERS waiting period for a retired annuitant, in accordance with Government Code Sections 7522.56 and 21224. 2. Authorize the Chief Executive Officer and Human Resources/Risk Manager to reinstate Mark Hsu as a retired annuitant prior to the 180-day wait period and provide authorization to execute an Employment Agreement with Mark Hsu at a rate of $62.4299 per hour through December 31, 2024, and may end sooner, to fill a critical need in the Information Systems Division. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Approval of the Recognized Obligation Payment Schedule (ROPS 24-25) for the Period from July 1, 2024 to June 30, 2025 and Administrative Budget Motion to: 1. Approve the estimated ROPS 24-25 for the period of July 1, 2024 through June 30, 2025; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2024-25; and, 3. Adopt Resolution No. SA 2023-003 4. Direct staff to proceed with submitting the final ROPS 24-25 to the LA County First District Consolidated Oversight Board for approval no later than December 18, 2023 for the Board meeting on January 8, 2024; and, 5. Send the approved ROPS 24-25 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2024; and, 6. Instruct staff to post the approved ROPS 24-25 on the City's website after the LA County First District Consolidated Oversight Board approves the RODS 24-25. City Council Regular Meeting Minutes Page 7 of 8 MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA WV& OU100114IWKQV me 90t1lWK4V161A117MUN I9=31/1W919011191.Ysm-maIUiUInelcom0[W Councilmember Damian sought consensus from Council to: • Request that two (2) members of the City Council volunteer to form an ad hoc committee to review the City's Cannabis Licensing Program. CEO Enrique C. Zaldivar • Verbal update on the status of the Operations Contract at Esperanza Villa. ADJOURNMENT Motion to adjourn was made by Mayor Estrada, second by Councilmember Avila at approximately 9:01 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: February 7, 2024 Emmanuel J Estrada, Mayor City Council Regular Meeting Minutes Page 8 of 8 ITEM NO. 3 Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk February 7, 2024 Consideration of Approval and Adoption of Resolution 2024-002, updating the City -Wide and Department Records Retention Schedule. SUMMARY This report seeks that the City Council consider the approval and adoption of Resolution 2024-002 to update the City-wide and Department Records Retention Schedules. RECOMMENDATION It is recommended that the City Council: 1. Approve and adopt Resolution 2024-002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." 2. Repeal Resolution No. 2019-043 FISCAL IMPACT There is no fiscal impact with this action. BACKGROUND In 2014, the City Council of the City of Baldwin Park adopted records retention schedules for all departments. On September 4, 2019 the City Council adopted Resolution 2019-043 updating the schedules to ensure legal compliance and to bring the schedules current with new laws that have been passed since 2019. The City of Baldwin Park selected Gladwell Governmental Services, Inc., an expert in local government records, to upgrade its records management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency and take advantage of current technology and changes in law. The upgrades of the records retention schedules are driven by many factors, including: • Limited space in City Hall • Escalating records storage expenses Production of a various permanent records Technology advancements Changes in law The purpose of the program is to apply efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of all City records. The retention schedules provide clear, specific records descriptions and retention periods, and apply Page 1 / 2 current law and technology to the management of Baldwin Park's records. By identifying which department is responsible for maintaining the original record, and by establishing clear retention periods for different categories of records, Baldwin Park will realize significant savings in labor costs, storage costs, free filing cabinet and office space, and realize operational efficiencies. It is standard business practice for California cities to authorize the routine destruction of records that have exceeded their adopted retention period, upon the request of the Department Head and with the consent in writing of the Department Head, City Clerk and/or City Attorney, which is provided in Section 2 of the Resolution No. 2024-002. ALTERNATIVES The City Council may choose to direct staff to make additional changes to the Records Retention Schedule which meet or exceed federal and/or state requirements. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2024-002 Page 2 / 2 RESOLUTION NO. 2024-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING UPDATED RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS AND RESCINDING RESOLUTION 2019-043 WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Baldwin Park; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any city record which has served its purpose and is no longer required may be destroyed; and WHEREAS, the State of California has adopted guidelines for retention period for various government records; and WHEREAS, the City of Baldwin Park previously passed Resolution 2019-043, adoption records retention schedules for the city. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The records of the City of Baldwin Park, as set forth in the records retention schedule Exhibit A, attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed, as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule, upon the request of the department head and with the consent in writing of the City Clerk, without further action by the City Council of the City of Baldwin Park. Section 2 With the consent of the city clerk, city manager, and city attorney, updates are hereby authorized to be made to the records retention schedule without further action by the City Council of the City of Baldwin Park. Section 3. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the State of California Public Records Act. Section 4. Resolution 2019-043 is hereby rescinded. Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 7t" day of FEBRUARY, 2024. Emmanuel J. Estrada Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2024-002 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 7, 2024 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Chirstopher Saenz City Clerk Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Inactive Active Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). CITY WIDE Used bv All De artments Brown Act challenges must be filed within 30 or 90 days of Advertising (Legal, Public Mag, action; Statute of Limitations on Lead Dept. CW-001 Notices, etc.) 2 years Ppr Municipal Government actions is 3 - 6 months;- et- ; GC §§34090, 54960.1(c)(1) Agenda Staff Reports (City Follows Mag, Yes: After City Clerk maintains a complete Lead Dept. CW-002 Council, Redevelopment Agency, retention for Mfr, OD, S OC & OD agenda packet 5 years; GC Successor A ency / Over-;-',' subject Ppr §34090 Roardl matter Send all original contracts to the City Clerk Department preference Agreements & Contracts (INFRASTRUCTURE) Change Orders and Notices of a t c ae-t - Completion (Examples of Infrastructure - Yes: Before Mag, Yes: After A,d- * ^^+ n or - Lead Dept. CW-003 Completion P Mfr, OD, S OC & OD erne ��, r r pa € "' ' Architects, Buildings, bridges, Completion p Ppr Ina-Gtive Statute of Limitations is 4 years; covenants / CC&Rs, development, 10 years for Errors & park improvements, property Omissions; land records are restrictions, reservoirs, sewers, sidewalks, street & alley permanent by law; CCP §§337. improvements, utilities, water, etc.) 337.1(a), 337.15, 343; GC §34090, Contractor has retention requirements in 48 CFR 4.703 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Send all original contracts to the CitK Clerk Department preference Comp/& Agreements & Contracts (NON- GeAS i& +� INFRASTRUCTURE) Change e+ nt-- - tr t-A4- Orders and Notices of mfrar+r ,n+ ,r e - nn ,tua4 Completion Mag, Yes: Before, Yes: After A + � + ^eat-f Lead Dept. CW-004 Completion 10 ears Mfr, OD,' Completion S OC & OD n (Examples of N Ppr f ti Statute of Limitations is 4 years; Consultants, Fraancchisehisestructure s, 10 years for Errors & Landscaping, Painting, Paving, Tree Omissions; land records are .Trimming, Leases, Personnel, Professional Services, etc.) permanent by law; CCP §§337. 337.1(a), 337.15, 343; GC §34090, Contractor has retention requirements in 48 CFR 4.703 Covers E&O Statute of Agreements & Contracts: Limitations (insurance ADMINISTRATIVE FILES - NOT certificates are filed with funded by a grant agreement); Published Audit Mag, Yes: After Standards=4-7 years; Statute of Lead Dept. p CW-005 (Correspondence, Project Completion Yes: Before 10 years Mfr, OD, S/I Limitations: Contracts & OC & OD ;Administration, Project Completion Ppr CoSpec's=4 years, Wrongful Schedules, Certified Payrolls, Death=comp. + 5 years, Co ies of Invoices, Lo s, RFPs / ' p 9 ,Developers=comp. + 10 years; � ��,n c+a+®,ara� ��rnn� � n Re oast for Pro awls etc.) �' tefm4iaboR-+-5y&ars, CCP §337 et. seq., GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media Paper (Citations to the law are for 1 (OFR) (in office) (Off -site, Vital? Options., Mrt after reference onlyand not to be MMf Mf =r OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Some Grant Funding Agencies require audits; Meets auditing Agreements & Contracts: standards; Grants covered by a ADMINISTRATIVE FILES - Consolidated Action Plan are WITH grant funding required for 5 years; Uniform 10 years or Admin. Requirements for Includes Agreements or After Grants to Local Governments is Contracts approved by the Funding 3 years from expenditure report Department Director Agency Mag, Yes: Before, Yes: After or final payment of grantee or Lead Dept. CW-006 Completion Audit, if Mfr, OD,' Completion S/I OC & OD subgrantee; (Copies of Invoices required, Ppr ; 2 Correspondence, Project whichever is CFR 200.334; 7-CF-R- 21- Administration, Project longer Schedules, Certified Payrolls, 24 CFR 8-5-42, 91.105(h), Logs, Insurance Certificates, 92.505, & 570.502(a), RFPs, Successful Proposals, . 2; 29 CFR 97.42; 4 --R- etc.) 31 42; 44 GFR 13 42; 45 CFR ; OMB Circular A-133; GC §34090, GC '8�.7 Agreements & Contracts: UNSUCCESSFUL BIDS, Lead Dept. CW-007 UNSUCCESSFUL PROPOSALS 2 years Mag GC §34090 and RFQs (Request for Ppr Qualifications) that don't result in a contract CW-008 Bids: See Agreements & Contracts CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt after Mf =r MMf reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Boards, Commissions, & City preference (only required Staffing Dept. CW-009 Committees: AUDIO TAPES of 1 year Tape for 30 days); consistent with Meetings (except Council - see (Mag) City Council policy; GC City Clerk's schedule) §54953.5(b) Boards, Commissions, & Committees: Citizens Advisory Brown Act challenges must be Staffing Dept. CW-010 Formed by CITY COUNCIL 2 Years Mag, filed within 30 or 90 days of (Agendas, Notices, Affidavits Ppr action; GC §§34090, of Postings, Proof of 54960.1(c)(1) Publications, etc.) Subcommittees can not take Boards, Commissions, & action -- all recommendations Staffing Dept. CW-011 Committees: City Council 2 years Mag, go to the full Council; Brown Act Subcommittees (All records) Ppr challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) CW-012 Brochures: See Reference Materials Mag Retained in originating Lead Dept. CW-013 Cash Receipts Detail / Backup 2 years 3 years Ppr' department for auditing purposes; GC §34090 Committees: Internal attended Lead Dept. CW-014 by employees (e.g. Records 2 years Mag' GC §34090 Management Committee, In- Ppr House Task Forces, etc.) Conies - CW-C-046 Copies or duplicates of any When No Mag Ppr GC §34090.7 record Longer Required CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). So is (a ° �t P-ef 4--I-- F- I- Yes—Rof e- M u i&pos4tiG { n e:j-nmi nduc� ub�sn t .) ' Deptc1 P-e 4ffw s 6- s --2--year-s t 4 ; - �6 s . L" A Statute of Limitations for personal property, fraud, etc. is Lead Dept. Complaints / Service Orders 3 CW-016 years Mag Pr 3 years; Claims must be filed in (operational) 6 months; CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 CW-017 Contracts. See Agreements CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive Media Paper 1 (Citations to the law are for (OFR) (Off -site, Vital? Mrt after reference onlyand not to be (in office) OD or Mfr) Options., Mf =r MMf Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Correspondence - ROUTINE Content relates in a substantive way to the Dept that conduct of the ublices Authors business} ONLY IF the Content relates in Document a substantive wayto the or ' (e.g. Administrative, ' ', ', 'conduct of the ublic's Receives the CW-018 Chronological Files, 2 years Mag business; City of San Jose v. Cit 's Ori final ,mail, General Files, Letters, ' Ppr ', ', I Superior Court (Smith). Document Memorandums, Miscellaneous 5218066. Supreme Court of Reports, Press Releases, Public California 2017- GC §34090 Records Requests, Reading Files, Working Files, etc.) IF the Content relates in a SUBSTANTIVE way to the conduct of the ublic's business CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Inactive Active Paper Media 1 (Citations to the law are for (OFR) (Off -site, Mrt after Vital? reference onlyand not to be (in office) OD or Mfr) OptionsMf =r ., MMf Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or federal investi ations suspend normal retention periods retention resumes after settlement). Refer to the City's Administrative Policies. Electronic and paper records Correspondence - TRANSITORY', are cats orized filed and / PRELIMINARY DRAFTS, retained based u on the Interagency and Intraagency CONTENT of the record. Memoranda not retained in the Records where either the ordinary course of business Content relates in a substantive 'wav to the conduct of the Content NOT Substantive or public's business or ARE made NOT made or retained for the or retained far the ur ose of 'purpose of press ing the ' I I ', ', I preserving the informational Deptthat informational content for content for future reference are Authors future reference saved bv placinathem in an Document electronic or paper ro'ect file r?r (e.g. calendars, checklists, e- When No Mag' folder and retained for the Receives the CW-019 mail, e-comments fI ers Longer Ppr applicable retention eriad. Cit `s Original e-a- nateria4- -t- Required ++n+h,, + Document he_a n + . + + h , i '"„-�,�U �;;�, 4;.pU^��,sc.r�„�,v�:d- invitations, instant messaging, Gutsjrna4--sy-&tem-Isy- Lead-Dept-,logs, mailing lists, meeting room registrations, staff them ;n +4 + der, ' � videoconference chats notes them-_e1egtrz,n ;ry; If not and recordin s supply mentioned here, consult the inventories, telephone City Attorney to determine if a messages text messages, record is considered transitory / transmittal letters, thank yous, preliminary drafts. GC §34090, requests from other cities, social GC §62-52;-7927.500, media undeliverable envelopes, 7923.705.64 Ops. Cal. Atty, visitors logs, voice mails, etc.) Gen. 317 19$1 . City of San Jose v. Superior Court (Smith). CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - al A 9 f Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 California 2017 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-8 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt after Mf =r MMf reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). As long as the drafts and notes are not retained in the "Regular Course of Business". Consult the City Attorney to determine if Drafts &Notes: Drafts that are When No Mag, a record is considered a draft. Lead Dept. CW-020 revised (retain final version) Longer Ppr GC §34090, 62-52,- Required ;7927.500, 7928.705 San Gabriel Tribune v. Su gnor Court 1983 143 Cal. A 3d 742, 774, 64 Ops. Cal. Attu Gen. 3171981 }} Meets auditing standards; Grants / CDBG / Reimbursable Grants covered by a Claims / FEMA Claims / OFS Consolidated Action Plan are Claims Subventions required for 5 years; Uniform (SUCCESSFUL Reports, other Admin. Requirements for records required to pass the After Grants to Local Governments is funding agency's audit, if Funding 3 years from expenditure report required) Agency Mag, Yes: or final payment of grantee or Lead Dept. Lead CW-021 2 ears y Audit, if Mfr, OD,' S i l When subgrantee; statewide - .Send Application and Final Required - Ppr Inactive sa®ac r®n „n 2 Award to Finance Minimum 5 CFR 200.334- , 21 ��rt'2 Applications (successful), program years _1 r, 24 C F R 8542, 91.105(h), rules, regulations & procedures, 92.505, & 570.502(a), reports to grant funding agencies, ; 29 CFR 97.42; correspondence, audit records, 34-. 2 -4--3-. 4GFP --, completion records 9 .42; OMB Circular A-133; GC §34090, GC §8546.7 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-9 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Lead Dept. CW-022 Grants (UNSUCCESSFUL 2 years Mag' GC §34090 Applications, Correspondence) Ppr City's Preference; All State and Final Federal laws require retention Lead Dept. CW-023 Grievances Resolved at Disposition +'', Yes: Before Mag, until final disposition of formal Department Level 5 years Disposition Ppr complaint; State requires 2 years after action is taken; GC §§12946, 12960 34090 If You cannot determine what is the lead department, send to Insurance Certificates (from Risk Management. Longest outside entities that cannot be Yes: Before Mag, Yes: After Statute of Limitations is 10 Lead Dept. CW-024 associated with an agreement or 2 years 9 years Completion Mfr, OD, Mfr QC & OD years; Conforms with contract) Ppr Inactive Agreement Retention (usually filed with agreement); statewide s- pr t;- CCP §337 et seq.; GC §34090 CW-025 Minutes: See Commissions, Committees and Boards CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-10 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive Media 1 Paper (Citations to the law are for (OFR) (Off -site, Vital? Mrt after reference onlyand not to be (in office) OD or Mfr) Options., Mf =r MMf Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or federal investi ations suspend normal retention periods retention resumes after settlement). Previous MSDS mav be obtained from a service- MSDS may be destroyed as lone as a record of the chemical / Material Data Safety Sheet substance / agent, where �MSDS !Safety Data Sheet Ma when it was used is Lead Dew CW-045 (SDS} /Chemical flee Re ort 30 ears Mfr OD � Yes: After maintained for 0 years, Form or records of the chemical Ppr QC & OD A Iles to ualifled ern layers- _____ substance / a ent where Claims can be made for 30 when it was used) years for toxic substance 'ex Dearer° 8 CCR 1910.1020(d}(1)(ii} B GC 34090 When No Non -records - may be obtained Lead Dept CW-026 Newspaper Clippings Longer Ppr from the newspaper company; Required GC §34090 Published documents, books and pamphlets, etc. printed by When No Mag, outside agencies that do not CW-027 Non -records Longer Mfr, OD, materially impact the conduct of the public's business, unused Required Ppr forms (except ballots and as indicated in a retention schedule), etc.; GC §34090 Notices: Public Hearing Notices / Statute of Limitations on Affidavits of Publications / Staffing CW-028 Affidavits of Partin Notices 1 2 years Mag, Municipal Government actions Depart. Ppr is 3 - 6 months; CCP§337 et ' Legal Advertisin /Proofs of seq; GC §34090 Publications 1 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-11 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt after Mf =r MMf reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Personnel Files - Supervisors Preliminar drafts° Notes File of notes 1 year (Upon Before maintained in a separate folder Lead Dept. CW-029 Separation, Annual Mag, to be incorporated into incorporated into Annual Send to Performanc Ppr performance evaluation, or to Performance Appraisals (Except Personnel) e Evaluation document progressive for Police Department) discipline; GC §34090 et seq. Lead Dept. CW-030 Personnel Work Schedules 2 years Mag' GC §34090 (Except for Police Department) Ppr Preliminary Drafts retention is When No placed on the retard the Lead Dept, CW-030.5 Photo ra hs Lan er Ma photagraph is used in - Required _ Ppr Brochure Re ort etc. , destroy_ unnecessar hots ra hs. GC 34090 Reference Materials: Policies, Procedures, Brochures, Manuals,' Newsletters & Reports: When No CW-031 Produced by OUTSIDE Longer Ppr' Non -Records ORGANIZATIONS (League of Required California Cities, Chamber of Commerce, etc.) Reference Materials: Policies, Procedures, Brochures, Manuals, Department preference; Newsletters &Reports: Minimum of Mag, Stai€feli Lead Dept. CW-032 Produced by OUTSIDE . 2 years Ppr GC ; ORGANIZATIONS (League of §34090 California Cities, Chamber of Commerce, etc.) Refe��g Piles: See Gorfespo+tdenqe CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-12 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Reports and Studies (Historically Mag, Yes: After Administratively and Historically Lead Dept. CW-034 significant) 10 years P Mfr, OD, S/I QC & OD significant, therefore retained Ppr permanently; GC §34090 De artment preference. Reports and Studies (other than Minimum 2 Mag' years, ` _ Lead Dept. CW-035 Historically significant reports - ears Ppr ; If historically e.g. Annual Reports) significant, retain permanently; GC §34090 Statute -of -L+ . a Lead Dept. CW-036 Special Event Permits and 2 4 years Yes: Before Mag, Insurance Certificates Event Ppr y s;--GC §34090, O — -343 Lead Dept. CW-037 Subpoenas 2 years Ppr GC §34090 Lead Dept. CW-038 Surveys / Questionnaires (that 2 years Mag' GC §34090 the City issues) Ppr CW-039 Tapes: See Boards & Commissions CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-13 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). i "R rse- 13us' W 4e rn n d Lea rreK. T&Ie��n Gnger-—Pff iSS—GGRS,`d iced 'f H3\ h A'2 r-nB A n `.2 rd Department preference; Ethics & Harassment Prevention Training is 5 years; Statewkle- gutde4-pr s; Training - ALL COURSE RECORDS r,csan ,� Mag Yes: After v ; EEOC/FLSA/ADEA Lead Dept. (Attendance Rosters, Outlines CW-041 2ears y 3 5 years MfP r, O OD, S OC & OD (Age) requires 3 years for and Materials; includes Ethics p promotion, demotion, transfer, Training, Harassment Prevention Inactive selection, or discharge; State Training, & Safety training, Law requires 2 -3 years for Tailgates) personnel actions; 8 CCR §3203 et seq., 29 CFR 1602.31 a- "); LC §6429(c); GC §§12946, 129_60 34090, 53235.2(b); 53237.2(bb CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE: CITY-WIDE Page CW-14 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 Paper (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options., Mrt Mf =r MMf after reference onlyand not to be OD or Mfr) Imaged & deemed binding on the City) S=Scan C,d? Retentions apply to the department that is the "Lead Department" or "Staffing Department" Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Courts treat volunteers as Volunteer Applications & employees; 29 CFR 1602.31 & Lead Dept. CW-042 Agreements - Unsuccessful 3 years Ppr 1627.3(b)(ii), 8 CCR Applicants §3204(d)(1) et seq., GC §§12946, 12960 34090 Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, demotion, transfer, Volunteer Applications & Inactive / Mag, Yes: After selection, or discharge; State Lead Dept. CW-043 Agreements (includes Separation + Mfr, OD, S OC & OD Law requires 2 -3 years; emergency contact information) - 3 years Ppr P retirement benefits is 6 years Successful Applicants from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960 34090; 29 USC 1113 Work Orders / Service Requests Consistent with operational Dept. (Internal department providing complaints; CCP et seq., Providing CW-044 service retains originals; 3 years Mag Ppr 340 et seq., 342, GC §945.6, § GC Service / Work' department requesting service is GC §34090 considered a copy) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: ver. 7.0 RECORDS RETENTION SCHEDULE: CHIEF EXECUTIVE OFFICER Page CEO-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Inactive Image: Destroy (Citations to the law are for reference (OFR) Active (Off -site, Media Vital? 1=Import e Paper after only and not to be deemed binding on (in office) OD or Mfr) Options M=Mfr Imaged the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or kebral investigations suspend normal retention periods retention resumes after settlement). CHIEF EXECUTIVE OFFICER 4 r +•-, �. GEO nng .�g-�-r D �rtment-P fug ,, a iu a r r�i ..per ��.,� r,�x�z,�-u� Chief Chief Executive Officer and City Department Preference to match Executive CEO-002 Council Correspondence ("Chron 4 years Mag, Ppr Council Member terms; GC Officer Ghief- Exe,a Grin File) §34090 off ic-ef Chief _ Legislation (State & Federal y Executive CEO-004 positions approved by Council) 2 years Mag, Ppr GC §34090 Officer Minimum 2 Chief Projects & Issues (Issues and/or years, Yes: While Executive CEO-005 projects will vary over time - e.g. Active Mag, Ppr' GC §34090 Officer Library, etc.) needed Issues Chief Executive CEO-006 Public Relations / Press Releases 2 years Mag, Ppr GC §34090 Officer CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: CHIEF EXECUTIVE OFFICER Page CEO-2 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Inactive Image: Destroy (Citations to the law are for reference Active (OFR) (Off -site, Media Vital? 1=Import Paper after e only and not to be deemed binding on (in office) OD or Mfr) Options M=Mfr Imaged the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Stat�Gf-Lff4tatb4&4s_4-year&-- tatew' i ' Ghief- pfe r', v&T n+� �Mag,Ye&� pla ;o fGr— E4(e,sutwe- c. yG 4 Qn 2; GG CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . CITY CLERK Department Preference; Agenda Agenda Packets after 2003 Packets after 2003 are imaged Yes: After and retained permanently. Prior City Clerk CC-001 (prior to 2003, packets were filed P Mag, Mfr, S QC & OD to 2003, the Agenda Packets were by subject matter - see Citywide OD, Ppr -2s filed by subject matter, and the schedule) Lead Department was responsible for maintaining it for its retention period; GC §34090 et seq. Agreements & Contracts : ALL LAND All infrastructure, JPAs, & Mutual AND INFRASTRUCTURE: Aid contracts are permanent for emergency preparedness; Statute Architects, Buildings, bridges, Yes: Yes: After of Limitations is 4 years; 10 years covenants / CC&Rs, development P Completion Mag, Mfr, for Errors &Omissions; land City Clerk CC-002 (DDAs), Owner Participation (OPAs), + 2 years P Before OD, Ppr S �� records are permanent by law; park improvements, property Completion + CCP §§337. 337.1(a), 337.15, restrictions, reservoirs, sewers, 343; GC §34090, Contractor has sidewalks, street & alley improvements, utilities, water. retention requirements in 48 CFR Exceptions: Demolitions, 4.703 landscaping, street paving CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . Department preference; Statewide - Agreements & Contracts" Approvedby-G: NOW r -nGn-capital-imprGvement INFRASTRUCTURE: G=r ;tS, .,.., Ia+iw + I u.,, Completion Yes: Mag, Mfr, Yes: After rta ^d- City Clerk CC-003 Consultants, Franchises, + 2 years g years Before OD, Ppr S QC & OD GGRGe -� e r , s �,'.�,�".rr'asr ,,. Landscaping, Painting, Slurry Seals Completion tive Statute of Limitations is 4 years; (Paving), Tree Trimming, Leases, 10 years for Errors & Omissions; Personnel, Professional Services, CCP §§337. 337.1(a), 337.15, (Not Infrastructure projects) 343; GC §34090 Agreements & Contracts : Joint Superseded Yes: Mag, Mfr, Yes: After Administrative & legal value City Clerk CC-004 Powers Agreements (JPAs) + 2 years P Before OD, Ppr S QC & OD (Emergency Preparedness), GC Memorandum of Understanding Expiration §34090 MOUs City Clerk CC-005 Annexations P Mag, Mfr, S i I Yes: After Land Records; GC §34090 OD, Ppr QC & OD Department Preference; City Clerk CC-006 Audio Recordings of Council and IQ_years Mag i&t° , (only Redevelopment Meetings _ required for 30 days); GC §54953.5(b) Bids _ Council -approved: Lead CC-007 Unsuccessful (Successful bids 2 years Mag, Ppr GC §34090 Dept. are filed with the appropriate agreement or contract) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or liaderal investi ations suspend normal retention periods retention resumes after settlement . Statute --of- . ,_ P kG- Boards, Commissions & 2 years City Clerk CC-008 Committees - APPLICATIONS: Duration -of- Q ,��r Mag,P ' p -4 y �-St } APPOINTED c- years s GC §34090; R .5 Boards, Commissions & City Clerk CC-009 Committees - APPLICATIONS: 2 years Mag, Ppr GC §34090 et seq. UNSUCCESSFUL City Clerk determines historical significance; records can address City History, Historical Records Mag, Mfr, a variety of subjects and media. City Clerk CC-010 (e.g. Incorporation, City Seal, P OD, Ppr S No Some media (e.g. audio and video Redistricting, etc.) tape) may be limited because of the media's life expectancy; GC §34090 Human 2 years Resources Yes: Until Mag, r ; CC-011 Claims Settlement ,PpPpr ed ; GC §34090 7 / Risk Required Manag. De artment reference Statute of Limitations: Public official Yes: After ',misconduct is discovery of offense City Clerk CC-012 Council Oaths of Office, Boards Separation + Mag, Mfr, S QC & OD + 4 years, retirement benefits is 6 and Commission Oaths of Office 4 € years OD, Ppr years from last action; ra- -, GC §§36507, 34090; PC §§801.5, 803(c); 29 USC 1113 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): Mag, Mfr, Yes: After 2 City maintains original statements; City Clerk CC-013 DESIGNATED EMPLOYEES 7 Years OD, Ppr S years GC §81009(e)(g) (specified in the City's Conflict of Interest code) Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): PUBLIC OFFICIALS / 87200 Filers Mfr, OD, Yes: After 2 City maintains copies only; original City Clerk CC-014 (elected & not elected. Includes 7 4 years Ppr S statements are filed with FPPC; City Council Members, Planning years GC §81009(f)(g) Commission Members, City Manager, City Treasurer & City Attorney) City Clerk CC-052 FPPC Form 801 (Gift to Agency 7 ears Ma P r Must post on website; 2 CCP Re ort 18944 c 3 G City Clerk CC-053 FPPC Farm 802 Tickets 7 ears Ma , P r Must post on website for 4 ears Provided b A enc Re ort} GC 81009�e} City Clerk CC-011.8 FPPC Form 803 (Sehested 7_years Ma P r FPPC Regulation 18734(; GC Payment Report) 81009e City Clerk CC-011.9 FPPC Form 804 A enc Re ort P M@s Ppr FPPC Re ulatian 18734 c GC of New Positions} _ 81009e City Clerk CC-011,10 FPPC Form 805 (Aaencv Re ort , Ma P r GC 34090; GC 81009 e of Consultants FPPC Form 806 (A envy ReDort Must post on website° 2 CCR City Clerk CC-011.11 of Public OfFicial A ointments 7 ears Mag, Ppr 18702.5 b)L3�; GC $34090, GC 81009 e ELECTIONS CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). City Clerk' CC-056 A lications to View Voter 5 years Ppr EC 2188(f) Re istration Information _ Vote -by -Mail Absentee - City Clerk CC-015 Applications, Report of Absentee 6 mo. Ppr EC §17505 Applications City Clerk CC-016 Vote -by -Mail Absentee 6 mo. Ppr EC §17302 Identification Envelopes Assessment District Ballots - GC �53753(e)(2( Prop. 218 proceedings (e.g. ba1{ots d i City Clerk CC-017 Community Services Districts, 6 mo. Ppr Lighting Districts, Maintenance rstftut' ` Districts, etc.) City Clerk CC-018 Ballots - After Election 6 mo. Ppr EC §17302 City Clerk CC-019 Ballots - After Recount 6 mo. Ppr EC §17306 Campaign Filings (FPPC 400 Paper must be retained for at least City Clerk CC-020 Series Forms & Form 501): 2 Years P Mfr, OD, S Yes: After 2 2 Years; CCP§583.320(a)(3); GC SUCCESSFUL CANDIDATES Ppr years §81009(b)(g) (Elected Officials) Campaign Filings (FPPC 400 Paper must be retained for at least City Clerk CC-021 Series Forms & Form 501): 5 years Ppr 2 years; GC §81009(b)(g) UNSUCCESSFUL CANDIDATES', Campaign Disclosure Statements (FPPC 400 Series Forms): City Clerk CC-022 OTHER COMMITTEES (PACS - 7 years Mfr, OD, S `(es: After 2 Paper must be retained for at least not candidate -controlled - Ballot Ppr years 2 years; GC §81009(c)(g) Measure committees General Purpose Committees etc.) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Campaign Filings (FPPC 400 City Clerk CC-023 Series Forms): THOSE NOT 4 Years Mfr, OD, S Yes: After 2 Paper must be retained for at least REQUIRED TO FILE ORIGINAL Ppr years 2 years; GC §81009(b)(g) WITH CITY CLERK (copies) Duration of Yes: After Department Preference; Le - City Clerk CC-024 Certificates of Election Office + 4 Mag, Mfr, S QC & OD Spn�ai4n ,ems �urru" OD, Ppr � - 4 years GC § 34090 City Clerk CC-025 Challenged & Assisted Voters 6 mo. Ppr If uncontested, EC §17304 List Elections - GENERAL, WORKING or ADMINISTRATION Files City Clerk CC-026 (Correspondence, All 2 years Mag, Used for a model for the next Applications for vacancies on the Ppr election, GC §34090 Council, Precinct Maps, County Election Services, City Measures,' etc.) Elections - HISTORICAL File City Clerk CC-027 (Sample ballot, all Resolutions - 8 years P Mag, Mfr, S No Retained for Historical Value, GC calling the election, canvass, etc., OD, Ppr §34090 election summary) City Clerk CC-028 Inspector Receipts for Ballots 6 mo. Ppr EC 17302, 17306 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . Department Preference; Statewide 4Gr- s-4-p ear -c -sand s--2-years- - Nomination Papers: Duration of Mag, Mfr, unaucae, ; CA law states term City Clerk CC-029 SUCCESSFUL CANDIDATES Office + 4 OD, Ppr of office and 4 years after the years expiration of term for Nomination Pa ers s t-d - between--+h t ; EC §17100, GC 34090 Department Preference; Statewide guide-kne&-pr-sa -4 s-f Nomination Papers: Election + 4 unseGaessful, CA law states term City Clerk CC-030 UNSUCCESSFUL CANDIDATES, years Mag, Ppr of office and 4 years after the expiration of term for Nomination Papers and, d �an+® h ° et + ; EC §17100, GC 34090 Nomination Papers: ISSUED, City Clerk CC-031 DID NOT QUALIFY AS A 2 years Mag, Ppr GC §34090 CANDIDATE (e.g. not returned) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-8 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . Results + 8 months or Final Not accessible to the public; The 8 Examination' month retention applies after if No election results, or final City Clerk CC-032 Petitions (Initiative, Recall or Election + 1 Ppr examination if no election, unless Referendum} year after there is a legal or FPPC etition proceeding. EC §§17200 b 3 , examination 17400 Lfj2etition is insufficient ega eq ,ern,° R,nt- City Clerk CC-033 Precinct Maps 2 years Mag, Ppr years; EC §17501, GC §34090 City Clerk CC-034 Precinct Officer Appointments 6 mo. Ppr EC §17503 City Clerk CC-035 Roster of Voters 5 years Mag, Mfr, EC §17300 OD, Ppr City Clerk CC-036 Tally Sheets 6 mo. Ppr EC §17304 City Clerk CC-037 Voter Index Copies used as the g mo. Ppr EC §17304 Voting Record at Polling Places City Clerk CC-038 Voter Index Oriclinal 5 years Ppr EC 17001 End of Elections Section Cit Clerk' Enter rise S stem Catalo ue 2 years Mag GC 34090 osted on lines ..Ethics Cit Clerk CC-057 Trainin for City Council, 52ears Ma P r GC 53235.2 b Boards and Commissions CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Office of Classification Records Description Record OR File Number (OFR) Active Inactive I (in office) CD or Mfr If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 HOLDS: Litigation, claims, complaints, audits, pendinq public records requests, and/or Historical Rosters of Mayors, City' City Clerk', CC-039 Council, Boards and 2 years P Commissions City Clerk CC-040 Legal Opinions / City Attorney 10 years p- Opinions Minutes: City Council Redevelopment, Successor City Clerk CC-041 Agency, Oversj ht Board 10 years P Housing Finance Authority, afl- G4tJize++s--Advisory-l3dords-j- GGFAP4&SiG��toeS When No City Clerk CC-042 Municipal Code Administration, Lon er Distribution, etc. Required When Na City Clerk CC-043 Municipal Code and History File Langer (always retain 1 supplement) Required P City Clerk CC-044 Ordinances - City Council, P Redevelopment Petitions (submitted to Council on any subject - e.g. stop sign City Clerk CC-045 requests, dog parks etc.) 1 year See Elections for Initiative, Recall', or Referendum petitions Page CC-9 Retention / Disposition Comments I Reference Image: Destroy.... Media 1=Import Paper after (Citations to the law are for reference 0 Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? years), since destruction is normally performed by file folder. 4 invest' ations suspend normal retention periods retention resumes after settlement). Mag, Ppr Historical Value; GC §34090 Mag Mfr, Yes: After Department -preference - Yes (all) OD, Ppr S QC & OD riGaI- No ; GC §34090 Yes (all) Mag, Mfr, S No GC §34090 OD, Ppr Mag, Ppr Preliminary drafts; GC § 34090 Mag, MfrT S NO Preliminary drafts; GC § 34090 , Ppr Yes (all) Mag, Mfr, S No GC §34090 et. seq. OD, Ppr Ppr Law requires 1 year for petitions; GC §50115 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-10 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy.... Active Inactive / Media 1=Import Paper after (Citations to the law are for reference (OFR) (in office) CD or Mfr Vital? Options M=Mfr Imaged & only and not to be deemed binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, complaints, auditspending public records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . Statute of Limitations for mailings for annexations, special districts, City Clerk CC-046 Proof of Publication (City Clerk) 2 years Mag, Mfr, bonds is 60 days; Municipal OD, Ppr Government actions is 3 - 6 months; CCP §§337 et seq, 349.4; GC §34090 City Clerk CC-047 Public Records Request Forms 2 years Mag, Ppr GC §34090 Recorded Documents: Deeds, City Clerk CC-048 Abandonments, Easements, 2 years P Mag, Mfr, S / I No GC §34090 Vacations, Deed Restrictions, OD, Ppr Covenants, etc. City Clerk CC-049 Records Destruction Lists 2 years Mag, Ppr GC §34090 Records Retention Schedules ( Mag, Mfr, Yes: After City Clerk CC-050 Authorizations and Amendments 10 years P OD, Ppr S CSC & OD GC §34090 et. seq. to Records Retention Schedules f five Resolutions - City Council, City Clerk CC-051 Redevelopment, Successor P Mag, Mfr, Yes (all) S No GC §34090 et. seq. Agency, Oversight Board, OD, Ppr Housing Finance Authority CityClerk CC-051.1 Statement of Facts / Registry of 2 ears Ma GC 34090 et. se . Public A envies P r CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). BUDDING &SAFETY Comm. Develop. / Building Permits - Correction When No Yes: Until Transitory records not retained in Building & CD-002 Notices, Plan Check Comments Longer Permit Mag, Ppr the ordinary course of business; Safety Required Issued GC §34090 et seq. Department Preference; Comm. Develop. Building Permits Drawings Mag, Yes: After r r s .de ^se per Wit; / CD-001 and P Yes (all) Mfr, OD, S QC & OD -r-re ad Building & ("Street File") Ppr p ; CBC 104.7 & 107.5 Safety UAC 303.2; D . , GC §34090, H&S §19850 Comm. Minimum Develop. / California Building Codes / While Ma P r GC W022,Q Building & Uniform Building Codes Ordinance is Safety in Force ......Comm.._ Mag, Yes: After Department Preference; Develop. / CD-003 Certificates of Occupancy - P Yes (all) Mfr, OD, S QC & OD pr G� Building & Commercial and New Homes Ppr ar GC §34090 Safety vvas c t° -P nnita-Efik 6'+rLee4 naat+ s �.,¢�� '. 8� r tFsn-.. , s-:-4- the 0 of a �cir.®c S-afe¢�� `Y '.. .......Comm.,.... Develop. / CD-005 Month -end Reports (copy of 2 years Mag, Ppr' GC §34090 et seq. Building & permits and inspection lists) Safety CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive / Media Paper 1=Import p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & S=Scan the City) C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Comm. Mag, Yes: After Develop. / CD-006 Recorded Documents: Liens, Completion P Yes (all) Mfr, OD,', S QC & OD GC §34090 Building & Releases, Abatements, etc. + 90 days Ppr Safety Department Preference; Law Street Files / Plans / Drawings - requires for the life of the building COMMERCIAL, MULTI -FAMILY for commercial only; S Comm. DWELLINGS, PLACES OF ` Develop. / PUBLIC ACCOMMODATION CD-007 Completion Mag, P Yes (all) Mfr, OD, Yes: After S QC & OD ; and-UAC CBC-requires 180 - Building & (includes soils reports, energy + 90 days Ppr NO days from completion date for Safety calculations, commercial residential and appurtenances; structural plans, commercial CBC 104.7 & 107.5 U r _§ 0? o , structural calculations) -- §4. H&S§19850, GC §34090 Comm. Street Files / Plans / Drawings - Department Preference; Permits Develop. / EXPIRED PERMITS AND PLAN expire if work is not commenced Building & CD-008 CHECKS (other than site, 2 years Yes (all) Mag, Ppr within 180 days, and may be Safety grading and septic plans) extended if requested; CBC 104.7 & 107.5, 4303:4 -GC §34090 Comm. Street Files / Plans / Drawings - Department Preference; Permits Develop. / EXPIRED PERMITS AND PLAN Completion Mag, Yes: After expire if work is not commenced Building & CD-009 CHECKS (site, grading, PERC, + 90 days P Yes (all) Mfr, OD, S QC & OD within 180 days, and may be Safety and septic plans) Ppr /extended if requested; CBC 104.7 & 107.5 , . --,GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Department Preference; Law requires for the life of the building Street Files / Plans / Drawings - for commercial only; Statewide - Comm. RESIDENTIAL (other than site, g ,4e; ne-s--pro ^-2p Develop. / selected floor, grading and septic Completion Mag, Yes: After Building & CD-010 plans. Includes soils reports, + 180 Yes (all) Mfr, OD, S QC & OD d-IJ CBC requires 180 Safety energy calculations, structural days Ppr 4year days from completion date for plans, structural calculations, residential and appurtenances; truss calculation) CBC 104.7 & 107.5 AC-§30 i -§ ..2H&S§19850, GC §34090 Department Preference, Law requires for the life of the building for commercial only; -State e- Comm. Street Files / Plans / Drawings - Mag, Yes: After gjidG f ®^� Develop. / RESIDENTIAL (selected floor, CD-011 Completion P Yes (all) Mfr, OD, S QC & OD CBC-requires 180 90- Building & site, grading, PERC, and septic + 90 days Ppr No days from completion date for Safety plans) residential and appurtenances; CBC 104.7 & 107.5 3. , "° . : H&S§19850, GC 34090 CODE ENFORCEMENT CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normal/ performed b file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Department Preference to cover those cases that are CDBG- related; Case is open until Comm. satisfactorily resolved (some liens Resolution / Develop. / Code Enforcement Case Files ( Mag, Yes- Until Yes: After are not resolved); City Clerk Code CD-012 s . ��) .Payment + 2 Mfr, OD, Resolution , S QC & OD ..maintains original staff reports and Enforce. years Pr p resolutions that are presented to Council; - 0- . ; -24- RQ o a1.7(" - .542 4y 2-9-Oi-R--97.42, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). PLANNING Comm. Mag, Develop. / CD-013 Aerial Maps 2 years P Yes (all) Mfr, OD, S No GC §34090 Planning Ppr Comm. Alcoholic Beverage License When No Develop. / CD-014 Application Copies Longer Ppr Non -records Planning Required Comm. Mag, Yes: After Department Preference; City Clerk Develop. / CD-015 Annexation / Deannexation Files P Mfr, OD, S CSC & OD is OFR; GC §3eferen 4090.7 Planning Ppr iW When No Mag County Assessor is OFR; GC CD-016 Assessor Parcel Information Longer Mfr, OD, §34090 et seq. Required Ppr When No Mag Census Bureau is OFR; GC CD-017 Census, Demographics Longer Mfr, OD, §34090 et seq. .......Comm...... Required Ppr Mag,Llepart Develop. ( CD-018 Deed Restrictions / Covenants 2 years P Yes (all) Mfr, OD, S No P'r ;-C c--' - k Planning L.g., Accessory Buildings} Ppr ; GC §34090-�7- rk CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive / Media Paper 1=Import p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Not all internal communications Environmental Determinations: and notes are required to be Environmental Im act Re orts saved, "E-mails that do not (EIRs), Negative Declarations, rovide insi ht into the proiect or etc. CEQA I NEPA Pro'ect the agency's CEQA compliance Comm. Approval or Ma with respect to the roiect — are Develop. / CD-013.1 Correspondence and staff Denial + 2 P r not within the scope of section Planning notes that rovide insi ht into ears 21167.E subdivision e and need not be retained." Golden Door the oro�ect or the aetenc 's Properties, LLC v. Superior Court CEQA com fiance ith respect of San Diego CountyJ20201 53 to the oroiect Cal.App,5th 733 PRC 21167,6 GC 34090 Comm. Environmental Determinations: When No Non -records (those inside the Develop. / CD-019 Environmental Impact Reports Longer Ppr City's boundaries are filed in the Planning (EIRs), Negative Declarations, Required project or street file) etc. Outside City boundaries Comm. Department Preference; City Clerk Develop. / CD-020 General Plan Elements and P r, OMag Yes (all) MfOD, Yes: After Maintains originals of all S / I Planning Amendments Ppr Amended documents that were presented to Council; GC §34090 Comm Master Plans (e.g. Park, Mag, Yes: After Develop. / CD-021 Downtown, Trees, etc.) P Mfr, OD, S Inactive GC §34090 Planning Ppr Comm. Department Preference Develop. / CD-022 Planning Commission Audio 10 ears Mag exist+ , 1t--P ' -y;-(only Planning Recordings _ required for 30 days); GC §54953.5(b) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive / Media Paper 1=Import p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). mm Mag, Department Preference (Copies); Develop. /' CD-023 Planning Commission Minutes, P Yes (all) Mfr, OD,', S No City Clerk Maintains originals of all Planning Resolutions Ppr documents that were presented to Council; GC §34090 Projects have a 2 year vesting Planning Files (Includes (applicant must pull permit within 2 Associated CEQA Noticing, years) -- those applications in Environmental Determinations, which the applicant does not follow Plans & Maps): through with permit may be Comm. Mag' Yes: After destroyed after the vesting period Administrative Adjustments (AA), Yes: Until QC & OD has expired. Some permits must Develop. / CD-024 Development Plans (DR), Zone 2 years P Mfr, OD, Completed S W obtain Council approval, and Planning Changes (Z), Conditional Use Permits Ppr4kiGtive therefore the City Clerk becomes (CP), Amendment to the Zoning Code office of record for material (ZC), Amendment to the General Plan presented to Council; Department (AGP), Parcel Maps (PM), Specific Plans (SP), Subdivision Maps, maintains complete files for Tentative Tract Maps (TM), etc. administrative purposes; GC§§34090, 34090.7 Comm. Not accessible to the public; Develop. / CD-025 Real Estate Appraisal Reports: 2 years Mag, Ppr Sate ide- el' ,,,a"` rh "; Planning Property NOT purchased or sold GC §§34090, 7928.705 Not accessible to the public until Comm. purchase has been completed; Develop. /' CD-026 Real Estate Appraisal Reports: 5-2-years Mag, Ppr' meets municipal government Planning Purchased and Sold Property auditing standards; Statewide— Gwde4ne&-&1now-2-;GC §§340W 6 l 3 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-8 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Regional Organizational Studies & When No CD-027 Programs where other Agencies Longer Mag, Ppr Non-records; GC §34090 et seq. are the Lead (e.g. Rail Studies, Required etc.) Comm. Temporary Sales Permits / Events Yes: Before —y n- Develop. / CD-028 (Sidewalk Sales, etc.) 2 4-Years Event Mag, Ppr Planning s -if+c -# -+ -4r-y -s; GC §34090,GGP-§§aa7-,343 Comm. Expiration + p Yes: Before .t ed-u ^� n,�+ Develop. / CD-029 Sign Permits - Temporary 2 4 years Mag, Ppr Event MS"MeRt4FI—Wr;tRg! Planning r-is 89- GC §34090, CCP 337, 343 Comm. _ Mag, Yes: After Develop. /' CD-030 Sign Permits - Permanent P Yes (all) Mfr, OD, S QC & OD Infrastructure; GC §34090 Planning Ppr Comm. Mag' Develop. /' CD-031 Zoning Maps P Yes (all) Mfr, OD,' S No GC §34090 Planning Ppr CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-9 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). REDEVELOPM NT / SUCCESSOR AGENCY Copies - Mag, Finance CD-032 Bond Issues co ies When No Mfr, OD, GC §34090.7 Longer Ppr Required Environmental Determinations Codes - Yes: Until Mag, Yes: After Planning is OFR; Final EIRs are "reasonable Planning CD-033 (Environmental Impact Reports When No Project Mfr, OD, S / I QC � required to be kept a (EIRs), Negative Declarations, Longer Completed pp Pr 4-year period of time"; 14 CCR etc.) co ies Required §15095(c); GC §34090.7 ftd�.,��+® &� s9 nlr. p,+ ll .. Y s—B , 11f+®p rk , 4 s = P ha Mfr nod Is Y L -' `fte Qt ri 11 a r s annan Required P Comm. Minimum 2 Develop. / Potential Projects (Issues and/or years, or Yes: While De artment reference GC Redev. / CD-036 projects will vary over time - e.g. until no Active Mag, Ppr §34090 Successor Proposed Hotels, etc.) longer Issues Aqency needed Comm._. Develop, ( Propert Management Plan (Filed Department preference; GC Redev, ( with the State} 5 ears g P r 34090 Successor' Agency Comm Minimum 2 Yes: After Develop. / Redevelopment Project Files: years, or Yes: Until Mag, QC & OD Department preference; GC Redev. / CD-037 Denied, Not Approved, etc. until no Completed Mfr, OD, S W §34090 Successor' longer Ppr A enc needed CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-10 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or federal investi ations suspend normal retention periods retention resumes after settlement). ` 1 In rrtrnrt / 1 tr �+e.(d !7 tc � Vnr• C%cfr,r® ' Depart mgt-tP�c ; � Ye er is -the- R- -Fi -�f - D. R err®re rinr.v,®rrte• �Ifrri ('Ic>rlr . � G rp4e rn�,�,.� ca.. cr�-�.w"-r r R -rve--c S . -�ic- suc�• ng4s-- R- F-first-MfF—rs Y-•a-p -Pkn- d t tba finr8 to vu-c rnrrc, rrca-re rcr aure-Irru,�r�U rnin.-a,r'ev - 4i-e'r-RDA; - - --§- 99 � 7 Redevelopment Projects & Prapect Areas Comm. Develop. ( (Ensure Planninct has all lea Redev. 1 CD-033.5 Environmental Documents Completion OD S / i Department preference, GC Successor -�10 ears ,yfr P r 34090 A enc Projects and Cit Clerk has all 'Real Prooerty records for Permanent retention Public Redevelopment Projects & Protect Works ( Areas Send to Yes: After Department preference; GC En ineerin CD-03&6 CIP Protects built by Engineering Mfr, CAD, S % i QC & CAD §34090 P r Redevelo ment A enc if an Rgdeuelopment Projects &Protect Areas Environmental Documents / Send to �a Yes: After Department preference; GC Planning CD-038.7 Mfr QD S / 1 CEQA Permits EIRs Planning QC & OD §34090 rr Categorical Exem tions Negative Declarations, etc, Redevelopment Pro ects & Protect Areas Send to City Ma Yes: After Department reference` GC City Clerk CD-03$.8 Mfr, QD, Property Deeds g Clerk QC & OD §3L4090 .Real P r Easements Ri hts of UVa CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE - COMMUNITY DEVELOPMENT Page CD-11 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive / Media 1=Import Paper p (Citations to the law are for reference (OFR) (in office) OD or Mfr Vital? Options M=Mfr after only and not to be deemed binding on Imaged & the City) S=Scan C,d� If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Comm. Develop. / Requests for Proposal - Denied or Redev. / CD-035 Not Issued 2 years Mag, Ppr GC §34090 Successor' enc Projects have a 3 year approval Comm. timeframe (applicant must pull Develop. / Mag' Yes: After permit within 3 years) -- those Redev. / CD-039 Redevelopment Project Files: 3 years Yes: Until Mfr, OD, S CSC & OD applications in which the applicant Successor Inactive, Withdrawn, Expired, etc. Completed Ppr W does not follow through with permit Agency4kiotive may be destroyed after the approval period has expired; GC§§34090, 34090.7 Comm. Settlement Settlement Yes: After Develop. / Relocations (project "finals" may of of Mag, Yes: Until Consistent with Claims; CCP §§ CSC & OD Redev. / CD-040 be retained with Project file) Relocation +,Relocation + Mfr, OD, Settlement S 337 et seq.; GC §§ 945, 34090, � Successor' year 4 years Ppr 34090.6; PC §832.5 A enc ' ' 9�91 ..._.._ Y tins: -Sefo � pity-C - ok s eo Rurori -or r, S Qty-Clergy is R, -§3 :7 Required StatCt�t�m nt n€ 1 r! htrnri t. ., e n-vr- ,..rt.G,-a,e,�«:r r-� ... ..r...� Ye - - 2 A-R ai 44 &ta Mfr, - D-,- S--�-i v ; - 90 7 '.. uired Required Wh 3 Tax-Rebates-£o, , - c - - - a; - - �§- -90-.7year CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, 0 Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, auditspending ublic records re uests and/or k4eral investigations suspend normal retention periods retention resumes after settlement). ACCOUNTING IRS: 4 years after tax is due or Finance / 1099's Is/ 1096's / DE542 Mag, Mfr, Yes: After paid (longer for auditing & Accounting FIN-001 (CaliforniaReport of In endent 2 years 3 years OD, Ppr S / I QC & OD contractor delinquency); Ca. FTB: Contractors} 3 years; 26 CFR 31.6001-1, R&T §19530, GC §34090; 29 USC 436 Accounts Payable / Vendor Files (All Records and Reports - Includes Department preference (meets Invoices, Purchase Orders (P.O.$) Yes: After auditing standardsh&tatevAde- Finance / FIN-002 Travel Expense Reimbursements, 2 years Yes: Until Mag, Mfr, 3 years S / I QC & OD +4 Accounting Garnishments Postage, Paid OD, Ppr r-&,_ blas s w-3-- Procurement Cards, Credit Card 7--years-1 - -eit shs Transmittals, Redemption Records,years; GC §34090 etc.) Accounts Receivable (All Records Department preference (meets and Reports, including Auction auditing standardsLStatewde- Finance / Receipts & Records, Taxes, TOT, Yes: Until Mag, Mfr, Yes: After Accounting FIN-003 Sales & Use Tax, Returned Checks, 2 years 3 years Paid OD, Ppr S / I QC & ODD Utility Users Tax Records & Exemptions, Franchise Fees, False years; GC §34090 Alarm Billings, etc.) Finance / Armored Transportation Slips ! Mag, Mfr, Yes: After Accounting FIN-004 Manifests _ 2 years OD Ppr S / I QC & OD GC §34090 4-year Finance / Audit Management Letters (not Mag, Mfr, Yes: After Department Preference; GC Accounting FIN-005 Annual Comprehensive Financial 5 years OD, Ppr S / I QC & OD §34090 :. Report ACFR) ) Finance / Mag, Mfr, Yes: After Accounting FIN-006 Audit Work Papers 2 years OD, Ppr S / I QC & OD ar GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) S=Scan Imaged & the City) C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Finance / FIN-007 .Audits (Sales Tax, Single, Special, 5 years � Mag, Mfr, S / I OC & OD Yes: After Department Preference; GC Accounting etc.) OD, Ppr §34090 Audits / Annual Comprehensive Yes: After Department Preference; rk- Finance / FIN-018 Financial Report ACFR 5 years P Mag, Mfr, S / I Q� OD p Accounting pre &we nron, F OD, Ppr s ide-I+ne } ; —,-GC §34090.7 Bank Reconciliation & Bank Statements, Transaction Statements,' Wire Transfers, Check Listing Audit Yes: After For auditing purposes; Finance / FIN-008 Trail, Deposits, Cancelled Checks 2 years 3 years Mag, Mfr, S / I OC & OD z�+,r�®r rs,,,,a, � � „��r�• n+h,�r Accounting OD, Ppr ; GC Fiscal Agent Statements, Trustee §34090, 26 CFR 1.6001-1 Statements Investment Account Statements Pars Statements etc. Bankruptcy Court records -- City may not be a party, may or may Finance / Bankruptcy Notices where the City When No Mag, Mfr, Yes: After not chose not to file a claim; GC Accounting FIN-009 does not pursue a claim Longer OD, Ppr S / I OC & OD §34090 et seq.; San Gabriel Required r 'Tribune v. Superior Court (1983) 143 Cal. App. 3d 742, 774; 64 Ops. Cal. Atty. Gen. 317 (1981)) Finance / Mag, Mfr, Yes: After Department Preference to be Accounting FIN-010 Bond statements 2 years 3 years OD, Ppr S / I QC & OD consistent with bank statements; GC §34090, 26 CFR 1.6001-1 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, 0 Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Statute of Limitations for bonds, mortgages, trust deeds, notes or Fully debentures is 6 years; Bonds Finance / Bonds -Official Statement of Bonds Defeased + Yes: Until issued by local governments are Accounting FIN-011 Issued 10 dears Maturity Ppr 10 years; There are specific M1 -° requirements for disposal of years unused bonds; CCP §§336 et seq. r1337.5(a)(24; 26 CFR (a4(444424, 1.6001-1 fe}: GC §43900 et seq. —Finc anti / t - Mag, Y : cc, r •fr., r� � ng F-4i� Dour is 2-yeafs 3-years, Current- -p-�z F+sGa v re' ; •C- Budget Work Papers, Worksheets, Drafts - Department Preference, Finance / Hearing and/or Review When No GC §34090.7; San Gabriel Tribune Accounting FIN-012 (Development Documents & Longer Mag, Ppr v. Superior Court (1983) 143 Cal. Preliminary Budget) LQLafts Required App. 3d 742, 774; 64 Ops. Cal. Atty. Gen. 317 (1981)) Yes: Yes: After Department Preference; City Clerk Finance / FIN-014 Budgets -Adopted 5 years P Current Mag, Mfr, S / I OC & is OFR: Must be filed with County Accounting Fiscal Year OD, Ppr 4-year y Auditor; GC §34090, 40802, 53901 Business License File: Application, Finance / FIN-015 Annual Renewal Form, Enforcement Termination 5 years Yes: Until Mag, Ppr Consistent with auditing Accounting Letters (includes Home Occu atp ion of Business Paid standards; GC §34090 et seq. Permits CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Department preference (meets Yes: After auditing standards} Si Finance / FIN-016 Cash Receipts 2 years 3 years Yes: Until Mag, Mfr, S / I QC & OD Accounting Paid OD, Ppr ; ? years otl}er cities 0 years; GC §34090 art -Rre to ` e-L Chart-e qua r' o P 2-yea s R Yes Mag,-Mfr, Yesarch ar d- al- countin R r-+s- } QDT-Ppr Ledgers-T-wbic-4-are-Tetained- peerroanen#)', -§344 Finance / Credit Cards, Procurement Cards, Authorizatio Consistent with Accounts Payable; Accounting FIN-047 Membership Cards n Expiration Mag, Ppr Statute of Limitations is 4 years; a + 5 years GC §34090, CCP §337 Department preference meets Finance / Mag, Mfr, Yes: After auditingstandards Statute of Accounting FIN-019 Demand / Check / Warrant Registers 2 years 3 years OD, Ppr S / I QC & OD Limitations is 4 years; . tines "T years; GC §34090, CCP § 337 Department preference (meets Finance / Demands / Checks / Warrants - Mag ,Ppr Mfr, Yes: After auditing standards) Statute of Accounting FIN-020 Canceled (Cashed) or Voided 2 years 3 years OD,® S / I QC & OD Limitations is 4 years;- �w,� GC §34090, CCP § 337 Finance / Yes: After R h rtie Accounting FIN-021 Depreciation Schedules 5 2--years R Mag, Ppr S / I QC & OD 'af is i GC §34090 [Rac-twe Finance / FIN-049 Developer Trust Accounts / Deposit Close + 5 Mag, Mfr Sill Yes: After Department Preference; GC Accounting Accounts years OD P r QC OD 34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). All tangible property held by government agencies escheats Finance / FIN-022 Escheat (Unclaimed money! 2 years 3 years Mag, Ppr', after 3 years; Statute of Limitations Accounting uncashed checks) is 1 year for seized property; Meets auditing requirements; CCP §§340(4), 1519; GC §34090 Indefinite - Data Fields I Records are Finance 1 FN-050 Financial Services Database Minimum 5 Yes Ma interrelated; meets munici al Accounting government auditing standards; Gc �34090 Consistent with Accounts Yes: After Receivable Statute of limitations Finance ! FIN-023 Fixed Assets - Auction / Disposal / 2 years 3 years Mag, Mfr, S / I OC & OD + fr � � .� i is 3 years - u .� ,� Accounting Sales / Surplused OD, Ppr ry- Mi h � , y s ,�,�,�,Ys, h "gym 3 5 y UGC §34090, CCP §337 Finance / Fixed Assets - Inventory, Schedule Mag, Mfr, Yes: After Department preference; �e - Accounting FIN-024 of Infrastructure and Buildings 55years-P OD, Ppr S / I QC & OID perrrkanentisets; GC §34090 Department Preference Lmeets Finance / Ma Mfr, Yes: After auditing standards); Accounting FIN-025 General Ledger: Final year-end 5 2 years R OD, , Ppr S / I QC & OD " years; GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) S=Scan Imaged & the City) C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or Grants - Application and Final Award Yes: After final payment of grantee or Lead Dept. Lead Department should send a FIN-026 2 years 3 years Mag, Mfr, S / I OC & OD n,A,•,�® ,rkarn�,� subgrantee; s+n+�� g copy of every grant application to OD, Ppr s; 2 CFR 200.333• Finance . & 1 G n203-y 24 CFR 91.105(h), 92.505, & 570.502(a), 28 CFR 6�6 42;; 29 CFR 97.42; 40- CFR-3-. 2, 4 FR I3 42; 4 Can' 92- ; OMB Circular A-133; GC §34090, GC 8546.7 Department Preference; IRS: 4 years after tax is due or paid Finance / Mag, Mfr, Yes: After (longer for auditing & contractor Accounting FIN-027 Indirect Cost Plans 2 years 3 years OD, Ppr S / I OC & OD delinquency); Ca. FTB: 3 years; 4-year ',€pub' tic p .m n ; IRS Reg §31.6001- 1(e)(2), R&T §19530, GC §34090 Investment Files: Individual Supporting documentation for Finance / Transactions (Broker confirmations, Investments of Operating Funds; Accounting FIN-028 Certificates of Deposit, Wire 2 years 3 years Mag, Ppr, meets auditing standards; GC Transfers, Arbitrage, Bid data, bank §34090 rates, etc.) _ --- • m &--Sn Ff �9 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, audits endin ubiic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). --ram,,, AGvoa I E;i e aee bet rhta P�ya lid PFRS Annual Reports / Annual PFRS is OFR' retained to meet Finance 1 Valuation ReRorts, Actuarial FN-051 years Ma , OD, S 1 i Yes: After auditingstandards' GC 34090 et Accounting Valuation Reports Annual Ern la er Mfr Ppr OC & OD 'Statements sew Yes: After Department Preference; Statute of Finance / Journal Entries / Journal Vouchers ( FIN-031 2 years 3 years Mag, Mfr, S / I QC OD Limitations is 4 years Accountin 9 Budget Transfer Re uests 9 OD, Ppr p �ss'us K .�-�r ; GC §34090, CCP §337 Reports, Finance Reports created from Database: Status Reports, Journals, Ledgers, Reconciliations, When No Finance / Registers, Transaction Histories, Lon er MagMfr, , Yes: After Department preference (Financial Accounting FIN-032 .Balance Sheets, Budget Adjustments Re wired 3- rs OD, Ppr S / I QC & OD ...System can re-create reports on (MONTHLY OR PERIODIC) Nam' 4 GWde-yea a en -Gee s r demand ; GC §34090 _Cen _e4- .. 'Yn � �n nrt�_-+Ve-i --�.. o-�rd F°® 71 R nrinjears �? Y,--.a=rflxft�'r � u�.� Depar`tm i P fe �`�- ..,r� rc, rc,ra..� , 4090 State Reports, State Controllers Report, Local Government Compensation Report, Obligation Finance / Payment Schedules, Due Dili ence Mag, Mfr, Yes: After Consistent with periodic report / Accounting FIN-034 Reviews Gas Tax MOE 2 years 3 years OD, Ppr S / I OC & OD journal retention; GC §34090 (Maintenance of Effort) Report FExed r 'Char e Special Assessment Re orf ' ', ', ', ', Housing Successor A ency Housing Assets Fund Report, etc. CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-8 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normallyperformed b file folder. NOLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or , l investi ations suspend normal retention periods retention resumes after settlement). Finance / Mag, Mfr, Yes: After Consistent with periodic report / Accounting FIN-035 Street Reports 2 years 3 years OD, Ppr S / I QC & OD journal retention; GC §34090 IRS: 4 years after tax is due or paid (longer for auditing & Finance / Tax Returns (Sales and Use,-Fuel-&-Mag, Mfr, Yes: After contractor delinquency); Ca. FTB: FIN-0362 Accounting U ;etc.) years 3 years OD, Ppr S / I CSC & OD 3 years; P ^ +:n� c ch,n, 4-year permaaepk IRS Reg §31 6001- l(e)(2), 26 CFR §1.6001-1, R&T §19530, GC §34090 Finance 1 Vendor Mact Mfr, Yes: After Meets IRS auditing standards; GC FIN-036.1 W-9s Accounting Inactive + 3 OD P r S / € QC & OD §MO90 years CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-9 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Liti ation, claims, com taints, audits endin ublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement . PAYROLL Finance ! 1095-C 1094-C (Employer -Provided Department Preference; IRS: 4 P 11 FIN-036.2 Health Insurance Offer and 5 years Mag Ppr veers after tax is due or aid; 6 Coverage &Transmittal Form) CFR 31.6001-1(e)(2); GC §34090 IRS: 4 years after tax is due or paid (longer for auditing & Finance / DE-43, W -33 & DE-166, 941 Forms, Mag, Mfr, Yes: After contractor delinquency); Ca. FTB: .r�® Payroll FIN-037 IRS 5500 Forms (Em ilooyee Benefit 2 years 3 years OD, Ppr S / I QC & OD "n A 3 years; ed nts„a ig Plans perm nn+, IRS Reg §31.6001- l(e)(2), 26 CFR §1.6001-1, R&T §19530, GC §34090 F- 3S r ' h ords} 2-ye -3-years M , Ppr #� v n+e, Department reference' Finance / gukIcthe o „ t;+ a. � Payroll FIN-040 Payroll Cancelled Checks 2 years 3 years Mag, Ppr' .4 '^s-; "^���`� � * ^ 7 aities ,a, � years; GC §34090 Consistent with periodic journals & Yes: After reports; Finance / FIN-041 Payroll Registers (all, except Detail 2 years 3 years Mag, OD, S / I QC & OD n years; r`+"®M * ®� •�,® Payroll Year -End) Mfr, Par �+ + asnr+�„� � � s; c aei,na n ca®, 7 � u 29CFR 516.5 - 516.6, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-10 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options 0 Vital? M=Mfr after only and not to be deemed binding on OD or Mfr) S=Scan Imaged & the City) C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). For use in reconstructing hours for Finance / Mag' OD, Yes: After PERS service for employees; Payroll FIN-042 Payroll Registers (Detail Year-end) 52 years Mfr, Ppr S / I OC & OD stat®^ '®'^p use ra n %4,29CFR516.5-516.6, GC §34090 Finance / PERS is OFR; retained to meet Payroll 47 PERS Reports 2 years 3 years Mag, Ppr', auditing standards; GC §34090 et Per seq. Auditing standards (audit + 4 years); IRS requires 4 years; Ca. requires 2 yr min.; FTB keeps 3 Finance / FIN-043 .Time Sheets /Edits 2 years 3 years Mag, Ppr., years; Payroll 10 years; Iner e+Eies slue� years; IRS Reg §31.6001-1(e)(2), R&T §19530; LC § 1174(d); GC §34090 IRS: 4 yrs after tax is due or paid, Finance / Ca. FTB: 3 years; F' '^s & Payroll FIN-044 W-2's 5 years Mag, Ppr yeafsIRS Reg §31.6001-1(e)(2), R&T §19530; 29CFR 516.5 - 516.6, 29 USC 436, GC §34090 4 P' , . Pt Kidd 4-V--Lkst-( at Supef&eded �! Apr +tery-R d-uses' ^ rya' ut r Ge 465 waot-to-r ve- -Ps-f s) C ntra &t fees�r +;ors sta; § -et P, hasm - rds, urer--ship-Cafrts- 4 P e ing P Me # +n-E_xp , pr s G CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 14.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-11 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Options M=Mfr 0 Vital? after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, audits endin ublic records re uests and/or , ,ginvestis suspend normal retention periods retention resumes after settlement). I Ve.henin nr�rl � m®n4 ! ® '. G'vr.irntr'n of F4R e ( Ve .*le ,.,�. v^y..,,N„�.... ..0 Exp n ""' "-`"" i �h®nh,�4h er®hinl®n srwr ei r,tr is in c ��'7 m w Yr-yearsc®cr=�4cfrGv°� '- nn+r�nfc• S'k^,+ fey of I imifntr'n r ' rr fr,r nnr9+r-,ntc� rc• P`f`Ci §3nnanve�. CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 12.0 RECORDS RETENTION SCHEDULE - HOUSING Page HS-1 Office of Classification Records Description Retention / Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site Vital? O ptions MMfr M=Mf after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). HOUSING Applications for Loans: Rejected Housing HS-001 (First Time Home Buyers, Home 2 years Mag, Ppr GC §34090 Improvement, Rental Rehabilitation, etc.) Housing HS-002 Consolidated Action Plan 5 years Mag, Ppr Required for 5 years; 24 CFR 91.105(h) Housing Developments / CIP Repayment Yes: Mag, Mfr, Department Preference; GC Housing HS-003 Projects (e.g. McNeill Manor) of Grant + 5 P Before OD, Ppr S No §34090 years Completion' HUD requires 5 ears after the proiect completion; documents Housing Projects (Grants) - NO im osin recapture f resale RECAPTURE/RESALE Pro'eot Yes: Until Ma Mfr Yes: restrictions are 5 ears after the Housin HS-013 RESTRICTIONS (Compliance Completion 3 ears Paid OD P r S / I After QC aftordabilit eriod terminates° Monitoring + 2 ears $ OD Uniform Admin. Requirements for Grants to Local Governments is 3 ears from ex enditure re ort' 2 CFR 200.334 224 CFR 92.508a & c} 570.502(a l6j� 29 CFR 97.42, GC 34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised Ver. 12.0 RECORDS RETENTION SCHEDULE - HOUSING Page HS-2 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Destroy Image: Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site Vital? O ptions M=Mf MMfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). HUD requires 5 years after the ro'ect com letion-- documents Housin Pro`ects Loans - NO im osin race tore ! resale RECAPTURE/RESALE Paid or Yes: Until Mag, Mfr, Yes, restrictions are 5 years after the Housin HS-014 RESTRICTIONS _ Compliance For iven + 2 3 cars Paid QD, Ppr S ! I After (C affordabilityperiod terminates; Monitaring) ears GD Uniform Admin. Re uirements for Grants to Local Governments is 3 years from expenditure report; 2 CFR 200.334, 24 GFR 92,508 a & c & 570.502 a 16 29 GFR 97.42 GC 34090 5 ears Afte the HUD re uires 5 years after the Affordabilit ro"act com lefiion documents Housing Proiects - iti Period im osin recapfiure !resale RECAPTl1RE i RESALE i erminates Yes: Until Mag Mfr, Yes: restrictions are 5 vears after the HS-015 Housin RESTRICTIONS (Gampliance 2 ears or the Paid iJD P r S ! I After CSC affordability period terminates', Monitoring). Written & OD Uniform Admin. Re uirements for Agreement Grants to Local Governments is 3 Terminates years from expenditure re�aort; 2 Whichever is CFR 200,334; 24 CFR Longer 92.50$ a c & 570.502 a 16 29 CFR 97.42, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised Ver. 12.0 RECORDS RETENTION SCHEDULE - HOUSING Page HS-3 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site Vital? M=Mf O ptions MMfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endi oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). After- urr ram^ a d , m r nx�fg; is -al-- qs-i Fundmg- ' ti � r&-fr �ti 004 1-4 C3rn rN r�nrt c,cr-�n�i r-vv�`rc"ar""'r rr—e-�r-u, .ter- � �' ffir9 l r1rt r , h-itn,�,�r9® ru ri",.�rc�.,.c.,"i'c.,7rar-c, r®-pv^r�.., u-cu-n.. aerc�c Required— ctr pr 4- rs - CFR 85 2 & 91.105(h) 974 Q- 4090 , k i . .--Rectu4F nt-s--f HUD- gu+res f-y earsfGm ti p ReGGRVeyB e&-, De-d-Rra� a +' 5 rye isome- 9 S/ t year pen e r t at Buyer, � .r u rr,r �v�„ �J CFI &5 2 � 5n7r*oa o� n o r::r^ 57G GPR- 90 Preliminar Application Form Various benchmarks are laced re uired for a housingdevelopment using the number of residential project that includes residential units Housin HS-005.5 5 ears Ma ,Ppr dwelling units on the project site form is provided by California within the last five ears' GC Department of HOusln & 34090 66300. Community Develo went Real Estate Appraisal Reports: Not accessible to the public; Housing HS-006 Property NOT purchased, Loans 2 years Mag, Ppr Statevvid--C I s 2- years; GC §§34090, NOT funded, etc. 792&705 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised Ver. 12.0 RECORDS RETENTION SCHEDULE - HOUSING Page HS-4 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 rt (Citations to the law are for reference (OFR) (in office) (Off -site Vital? O ptions after MMfr M=Mf only and not to be deemed binding on OD or Mfr) Imaged & S=Scan the City) C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Not accessible to the public until Yes: Y purchase has been completed; Housing HS-007 Real Estate Appraisal Reports: 2 Years 5 years Mag, Before S meets municipal government purchased Property, Funded Loans Ppr Purchase -five auditing standards; Statewkle- r , •deg �® , GC §§34090-625404 7003m,700 Housing HS-008 Section 8 Applications for Program - 3 years Mag, Ppr 24 CFR 982.158, GC §34090 NOT placed or disqualified Indefinite Data is interrelated, GC §34090; Housing HS-009 Section 8 Database (minimum 7 Mag HUD Notice PIH 98-48, 99-49 years) Department Preference HUD guidelines require funding, contract, and financial records for Section 8 records for 6 years and Section 8 Tenant Files - WITH 3 months after the fiscal year; Housing HS-010 Unpaid Balances or Fraud 50 years Mag, Ppr Required for 3-4 years from expenditure or performance report; 24 CFR , 570.502, 982.158; 29 CFR 97.42; HUD Notice PIH 98-48, 99-49; GC §34090 HUD guidelines require funding contract, and financial records for Section 8 Tenant Files - WITHOUT Close of File Section 8 records for 6 years and Housing HS-011 Unpaid Balances or Fraud + 2 years 5 years Mag, Ppr 3 months after the fiscal year; 24 CFR , 570.502, 982.158; 29 CFR 97.42; HUD N; GC §34090otice PIH 98-48, 99-49 Housing HS-012 Section 8 Waiting List 3 years Mag, Ppr 24 CFR 982.158, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: 09/01 /2004 Revised Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page FIR-1 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or k4eral investigations suspend normal retention periods retention resumes after settlement). HUMAN RESOURCES „i- App ttG -EIGy Wh a ��+•n n+hn-n+nr•®gin+ « rZr ".�-G4nr +� � tie nes— tl-it --( tmffs4ciry M® , � ReP06ftWay, ', ', '', '., '., ', ', 72870(b)(!), GG s34090; fan r"+c- '.. �qS2 Q \ 1 A Q (' n I n Q rC 7ft `e 7ZA • _ `}aff- ur & HR 2 EiGyv S . ts 2 Y s Mi-Ppr GC-§ - P of ',?.nag°. _ 4 Dy nl Human COVID-19 Notifications to ,.yam',, ,,. Fate-;tAulG ��,- �6-. vtiPr 2a �PPr�vvz.^I !t P:: F` Resources FIR-004.1 Ern Ioyees 3�ars M9 P r LC 6409.E k GC 34090 P-er RRs1 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Department Preference; statute of California Civil Rights Department limitations for EEOC/FLSA/ADEA Human C�2) l Department of Fair Final (Age) requires 3 years for Resources HR-005 Employment & Housing (DFEH or Disposition +, Mag, Ppr promotion, demotion, transfer, P®� EEOC) Claims / Harassment Claims 4 2-years selection, or discharge; State Law that are resolved administratively requires 4 years; 29 CFR1602,31 & 1627.3(b)(ii), GC §§12946, 12960, 34090 When Transitory or source records not Superseded retained in the ordinary course of Human business; CHP audits every 2 Resources HR-006 DMV Pull Notices or Mag, Ppr years; Bureau of National Affairs Personnel Don recommends 2 years for all Separation supplementary Personnel records; y GC §34090 D.O.T. Requires 5 years for positive tests, refusals, annual summaries, etc., 1 year for negative tests; EEOC / FLSA / Human Drug and Alcohol Testing / D.O.T ADEA (Age) requires 3 years Resources HR-007 3 years 2 years Ppr physical examinations; State Law PeFS g,�n�s ....files ;requires 2 years; 29 CFR 1627.3(b)(1)(v), GC §§12946, 12960 34090; 49 CFR 655.71 et secs ; 49 CFR 382.401 et seq.' 49 CFR 653.71 Human Employee Status Changes: Address Department Preference; consistent Resources HR-008 changes, Direct Deposit Forms, 2 years 3 years Mag, Ppr with Payroll Registers; GC §34090 eFSGnnel Vacation and Comp Time Sales, etc. CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Human Garnishment Orders 3 years 2 years Ppr Department Preference; GC Resources §a4090 Department Preference; statute of limitations for EEOC/FLSA/ADEA Human Grievances (escalated from Final (Age) requires 3 years for Resources HR-009 Departments when not resolved by Disposition + Yes: Before Mag, Ppr promotion, demotion, transfer, P the department) 5 years Disposition selection, or discharge; State Law requires 4 2-3 years; 29 CFR 1602.31 & 1627.3(b)(ii), GC §§12946, 12960, 34090 Human HR-009.5 Harassment Prevention Training5_ygars Mag, Ppr GC 53$ 237.2(b) Resources Certificates Re aired for 1 year from termination or 3 years from hiring, Yes: whichever is later; EEOC / FLSA / Human Employee After QC ADEA (Age) requires 3 years for Resources HR-010 I-9's Termination Mag, Ppr, S / I OD "any other forms of employment Ref&opcel + 3 years inquiry"; State Law requires 2 -3 years; INA 274A b 3 ° ENS Rule 274a.1 b 2 ; 8 CFR 274a.2; 29 CFR 1627.3(b)(1); GC §§12946, 12 660 34090 Department Preference; No Human When No positions open; therefore not Resources HR-003 Interest Cards Longer Mag, Ppr',, deemed part of City recruitment P- rri Required practices (mailed back to applicants); considered a transitory record; GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Department Preference; statute of limitations for EEOC/FLSA/ADEA Human Minimum (Age) requires 3 years for Resources HR-011 Specifications ,Superseded Yes: Before Mag, Ppr ... promotion, demotion, transfer, P-, R-Re .Job + 4-3 years Superseded selection, or discharge; State Law requires 4 years; 29 CFR 1602.31 & 1627.3(b)(ii), GC §§12946, 12960, 34090 p refs - -t arcs& -0-12 L' prRt - og rs Mag, Ci# i a eL e Personnel Human -nos S n 13 nn r F,ia €nr ca®VrM,±ry nn rtin s c § et 9epa#me +efeFeRG s „u te&ts a t ^r am, and , bU s Pe� Human vs®r u+ n+V R Co ies u v fife; 340on Resources Memorandas of Understanding HR-014 When No Yes: Until Mag, Mfr, S/I No Copies maintained for staff s i PeFRequired co ies Longer Superseded OD, Ppr convenience; GC §34090.7 For use in interpreting intent of Yes: MOU provisions; EEOC / FLSA Human .Negotiations: Employee ,Superseded ...Mag, Mfr, After OC requires 3 years for MOUs; State Resources HR-015p Associations + 10 years OD, Ppr S/I & OD requires 2 years; st+ ;+s.da � P®ron�s 29 Irkietive, CFR 516.5, GC §§12946, 12960, 34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Human- s.. Peronr9nc,I -6 Employees r � Depa men 12f ef-eur , Qfi fiU o� +-A-yeaf -t t v �'firc v- �.. ,-.,o,-n- � �.,,-,s, ,.�„r- Human FIN-033.1 Payroll Direct Deposit Authorizations 2years 3 ears Ma P r §804.5_1_8 3(c � � Department preference, GC Resources 34090 Department preference; EEOC/FLSA/ADEA (Age) requires Human Personnel Background Checks - Yes: 3 years for promotion, demotion, Resources HR-018 Selected Employees other than Separation + Mag, Mfr, S / I After QC transfer, selection, or discharge; 6 years OD, Ppr & OD State Law requires 4 years; Perms^^��' ` Peace Officers 29 CFR 1602.31 & 1627.3(b)(1), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090 Department preference; Files 28 years, maintained separately; Claims can OR be made for 30 years for toxic Human Personnel Files - Medical File (all Separation + Termination Yes: Until substance exposure; 8 CCR Resources HR-019 employees) 2 years of Benefits + Mag, Ppr Separation §3204(d)(1) et seq., 29 CFR pesos el 5 ears 1910.1020 d 1 i GC §§12946, whichever 12960 34090, 29 CFR 1627.3 29 is longer) CFR 1602.14° LC 1198.5; 29 USC 1113 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Department Preference; statute of limitations for retirement benefits is 6 years from last action; EEOC/FLSA/ADEA (Age) requires Personnel Files - Regular, Active, 3 years for promotion, demotion, Human Permanent, Non -Regular, Separation +, Yes: Until transfer, selection, or discharge; Resources e R Rel HR-020 Temporary and Part-time 6 years Mag, Ppr' Separation State Law requires 4 years; S Employees 29 CFR 1602.14, 29 CFR 1602.31 & 1627.3(b)(1), GC §§12946, 12960, 34090; 29 USC 1113, LC §1198.5, 6 CFR 31,6001-1(e}(2}, GC 3105 Department preference; State Law requires 4 years from last action; Human Superseded Yes: Until EEOC / FLSA / ADEA (Age} Resources HR-021 Personnel Rules & Regulations + 4 ey ars Mag, Ppr' Superseded requires 1-3 veers; 29 CFR 1627.3 b�(i}, 29 CFR 1602.14 et si 2 CCR 11013(c) GG §-§12946 12960, 34090 Recruitment and Testing File (Includes Advertisements, D®ran �m�nnfr nw®���fl�_ ci cn r nr,cn nron rn%, .M®c , Human Unsuccessful Applications Interview T years; State Law requires 4 Resources HR-022 Notes Job Brochures, Test Data, 4 3 years Mag, Ppr years; 29 CFR 1627.3(b)(1), 29 n'-� Testing Metric Tesstin g Analysis &statistical , CFR 1602.14 et seq. Job Analysis, Rating Sheets, Y g 72nT n(^`r'�` 2 CCR 11013(c}° GC Scantrons, Rater's Profile & I§§12946, 12960, 34090 Confidentiality Agreement, Flowchart, Eligible Lists, etc.) CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Hurna-a- ran ... _.. Human R '+m es. r,+ Rl�i®ro -i n.d RrP.rb.wnelracrt"'rr.-t,,.rea rcc,,rw .. .r u,.. ..... ,.... When- Resources HR-024 Salary Surveys JEgLmall 2 years Mag, Ppr GC §34090 Personnel Does not record re ular Not an Aaencv record / Content Human Verifications of Ern Ia ment Child When No and does NOT relate in a substantive Resources HR-024.5 Support etc. From lenders or other Longer Ma Per an oin wars to the conduct of the ubp lies outside companies} Rewired operation business: GC �34090 et sect s' GC 3409Q.6 et se Department reference; IRS Regulation 31-6001-1 four years after the due date of such tax for Human No Longer in Ma Mfr Yes: the return period to which the Resources HR-024.7 W-4"s Effect + 4 OD P r S / I After QC records relate or the date such tax ears & OD is paid, whichever is the later. GC 34090; 26 CFR 31.6001-1 GC 60201 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-8 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HQLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). Department preference; Files 25 years, maintained separately; Claims can OR be made for 30 years for toxic Human Workers Compensation Files - Termination Yes: Until substance exposure; 8 CCR Resources HR-025 Includes payment report 5 years of Benefits + Separation Mag, Ppr §3204(d)(1) et seq., 29 CFR P-e;��� n3 ears 1910.1020(d)(1)(i), GC §§12946, (whichever 12960, 34090, 29 CFR 1627.3 29 is lon er CFR 1602.14; t C1198.5; 29 USC 1113 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-9 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Liti ation, claims, com taints, audits endin ubiic records re oasts and/or larieral investi ations suspend normal retention geriods retention resumes after settlement . RISK MANAGEMENT Department-P-re h- to st- -for a - ' ju --are -- Accident / Incident / Graffiti / Yes: untit-paf' t-bee 18-ye Risk HR-026 Vandalism / Injury Reports: PUBLIC 23 years Mag, Mfr, S / I After QC -5ars-+s--R d-b tote- Manag. ADULTS AND JUVENILES (medical OD, Ppr & OD e -s4a4- tts;- e-af-- and non -medical.) 4-year 't' ttbrov' s is 3- -s a r+ roes-- pr e-3-Y s P--§340.5, GC §34090 Risk Accident / Incident Reports: Manag. HR-027 EMPLOYEES and City Vehicles 2 years Mag, Ppr GC §34090 (non -medical.) Covers various statute of Risk HR-028 Claims -Adults Resolution + Yes: Until Mag, S A limitations; CCP §§ 337 et seq.; Manag. 5 years Settlement O Ppr settled GC §§ 911.2, 945, 34090, 34090.6; PC §832.5 Resolution + Department preference; Juvenile- Risk 5 years - Yes: Until Mag, ' ` Manag. HR-029 Claims - Juveniles N14nim - Settlement ,Ppr S r.�^ �cn� • CCP §§ 337 et seq.; Settled GC §§ 911.2, 945, 34090, MaJG* 34090.6; PC §832.5 Insurance Policies: City -owned Yes:Department Preference to cover Risk HR-030 Liability and Workers P Yes: Before Mag, Mfr, S After QC statute of limitations; CCP §337 Manag. .(General Compensation) Expiration OD, Ppr � OD .all et seq.; GC §34090 et seq. y s Risk Insurance Policies: City -owned Completion Yes: Before Mag, Mfr, Yes: Department Preference to cover Manag. HR-031 (Property, Fire, Theft, etc.) + 5 years Expiration OD, Ppr S After QC statute of limitations; CCP §337 et & OD seq.; GC §34090 et seq. CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 13.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES & RISK MANAGEMENT Page HR-10 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normallyperformed b file folder. HOLDS: Liti ation, claims, complaints, audits pendingpublic records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). '.. Department Preference; . I r'1\lr..�.-1 fin IEcic,r� OSHA Insurance Certificates, abon ®� thr .®,.,,,-,ar� �,.ea ; OSHA Risk ', HR-032 Inspections &Citations, Log 200 and 5 7-years Ppr ', requires 5 years; State law ', Manag. Log 300, 301301 301 A etA et requires 2 years; 8 CCR 14300.33(a); 29 CFR 1904.33, 29 CFR 1904.44; GC §60201 et seq.; LC §6429c Yes: After Department Preference to cover Risk Performance Bonds / Subdivision Completion Mag, Mfr, QC & OD statute of limitations for contracts HR-033 Manag. Bonds + 5 years OD, Ppr S w (original may be returned to issuer I-RaGband v� a copy maintained); CCP 4 P e t e^�es 2- §337 et seq.; GC §34090 et seq. 4998 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: ver. 8.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, auditspending public records requests, and/or k4eral investigations suspend normal retention periods retention resumes after settlement). INFORMATION TECHNOLOGY SackuW Data DAILY ni twG U nii t o de&tr�, gam Store--off-site _-di - . - , ns' ed-a-E y d -e - fT 1-T -C Yes r utr -4 R - a i ue; § . - Used for Disaster Recovery Pur oses Only: Considered a copy Backup Media -Cam afar Backups When No and can be destroyed when no IT IT-001 t&LDisaster Recovea Cam uter Longer Yes Ma Ion ever required; jgpgs are in Backups) Re uired autochangers and are overwritten: store off -site in a commercial facility for disaster recovery ur oses; GC §34090 et seq. Co Teri/ le and Equipment IT IT-005 Leases (when the vehicle or Expiration of Mag, Mfr, Yes: After + trn+n4 c f-L F" 6 equipment is not subsequently Lease + 2 3-years OD, Ppr S / I QC & OD c — purchased) years . (a` 337A-5 GC §34090 et seq. Follows IT IT-003 Databases / Applications other than retention for Yes Mag. GC §34090 et seq., §6252 through specifically identified applicable §6257 record series' CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 8.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper (Citations to the law are for reference (OFR) (in office) (Off -site, Vital? Options M=Mfr after only and not to be deemed binding on OD or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. NOLDSI Litigation, claims, complaints, auditspending public records requests, and/or l investi ations suspend normal retention periods retention resumes after settlement). UNALTERABLE MEDIA / For le al corn Hance for IMMUTABLE CLOUD BACKUP 1 Trustworthy Electronic Records WORM / DVD-r 1 CD-r t Blue Ray -_RI when the electronic record serves IT IT-006 or other unalterable media that does P OD as the officialL record}` must be not permit additions, deletions, or stored in a "safe and se crate changes location°. GC 34090 12168.7 EVC 5550, 2 CCR 22620 at s tT IT tf e ° awe a rnrnr e- t- CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-1 Office of Classification Records Description Retention I Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (Off -site, Vital? reference only and not to be deemed (in office) OD or Mfr) Options M=Mfr Imaged & binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). PUBLIC WORKS ADMINISTRATION I ALL DIVISIONS WORK ORDERS,+ USAF De t. Department Preference the Reciional Natification Center has Providing Under round Service Alerts Service 1 PW--000 �DSA's Alerts -- City 3 ears P r the obligation to retain the notice Work for 3 years); GC 4216.2 f & 4216.3 e}, 34090 Indefinite Public PW-001 Work Order Database /Work Minimum 5 Yes Mag GC §34090 et seq. Works History ears Drafts / Source records - Work Orders / Service Requests - Database becomes original Public ALL information from the work When No record; GC §34090; San Gabriel Works PW-002 order is entered into the Work Longer Mag, Ppr, Tribune v. Superior Court (1983} Order Database Required 143 Cal. A . 3d 742 774- 64 O s. Cal. Atty. Gen. 317 1981 Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Requesting work is considered a Providing PARTIAL OR NO information from PW-003 3 years Mag, Ppr copy consistent with City-wide Service / the work order is entered into the standards); CCP §§338 et seq., Work Work Order Database 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). CAPITAL IMPROVEMENT PRdJECTS', CIP Consistent with City-wide City Infrastructure, Facilities & standards for RFPs; retained for Transportation Projects (Plans, disaster preparedness purposes Public Specifications, Bids/RFPs, Upon Yes: Until Mag, Yes: After (City Clerk does not maintain Works / CIP, PW-004 Successful Proposal, Materials Completion P Completed Mfr, OD, S QC & OD Specifications, RFPs, Plans, Testing Reports, Grading Ppr Materials Testing Reports, etc.) i p Permits, Soils Reports, etc.) P—c`-rn cr"r"'rc®�rci"r Irefr�er plaos; GC §34090 Department Preference; Covers 10 years or auditing requirements and After statute of limitations; Complies City Infrastructure, Facilities & Funding Mag, Yes: After with DOT's Construction Manual Public Transportation Projects (Project PW-005 Upon Agency Yes: Until Mfr, OD, S QC & OD Section 5-104C; &ta Works /CIP Administration, Certified Completion Audit, if Completed Ppr Payrolls, Invoices, etc.) required, - •>; 2 CFR 200.333 21 whichever is CFR 1403.42; 24 CFR &542, longer 91.105(h), & 570.502(b), 29 CFR 97A2, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-3 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). COURT REFERRAL / GENERAL RELIEF I WORKFARE Consistent with employee Public Court Referral Applications & personnel files (Courts treat Works / PW-006 Agreements - Unsuccessful 3 years Ppr employees); volunteers as employees); 29 teens a1 2 Court Applicants CFR & 8 Referral CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090 Department Preference; Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, Public Court Referral Applications & Mag, Yes: After demotion, transfer, selection, or Works / PW-007 Agreements (includes emergency Completion Mfr, OD,' S CSC & OD discharge; State Law requires 2 - Court contact information) - Successful + 5 1-0 years r, r p 3 years; retirement benefits is 6 Referral Applicants years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090; 29 USC 1113 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-4 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or federal investi ations suspend normal retention periods retention resumes after settlement). Department Preference; Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) requires 3 years for promotion, Public Court Referral Binders - Mag, Yes: After ',demotion, transfer, selection, or Works / PW-008 Documentation of Names, hours, 50 years Mfr, OD, S QC & OD discharge; State Law requires 2 - Court itimesheets ' ' Ppr 3 years; retirement benefits is 6 Referral years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946, 12960, 34090; 29 USC 1113 Public Works / PW-009 Court Referral Program - Quarterly 5 years Mag, Ppr', Department Preference; GC Court Reports §34090 Referral Consistent with employee Public General Relief / Workfare - personnel files (Courts treat Works / PW-010 Applications & Agreements - 3 years Ppr volunteers as employees); 29 Court CFR 1602.31 & 1627.3(b)(ii), 8 Referral Unsuccessful Applicants CCR §3204(d)(1) et seq., GC §§12946, 34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-5 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Department Preference; Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) Public General Relief / Workfare - requires 3 years for promotion, Works / Applications & Agreements Completion Mag, Yes: After demotion, transfer, selection, or Court PW-011 (includes emergency contact + 10 years Mfr, OD,', S QC & OD 'discharge; State Law requires 2 - Referral information) - Successful Ppr 3 years; retirement benefits is 6 Applicants years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946, 34090; 29 USC 1113 Department Preference, Courts treat volunteers as employees; EEOC/FLSA/ADEA (Age) Public requires 3 years for promotion, Works / General Relief / Workfare - Mag, Yes: After demotion, transfer, selection, or Court PW-012 Documentation of Names, hours, 10 years Mfr, OD, S QC & OD discharge; State Law requires 2 - Referral timesheets Ppr r 3 years; retirement benefits is 6 years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC ... §§12946, 34090; 29 USC 1113 Public Works / General Relief / Workfare - PW-013 10 years Mag, Ppr Department Preference; GC Court Quarterly Reports §34090 Referral CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-6 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or federal investigations suspend normal retention periods retention resumes after settlement). ENGINEERING Copies Mag, Yes: After City Clerk PW-014 Abandonments Lco ies When No Yes: Until Mfr, OD, S QC & OD Ensure the City Clerk has all Longer Completed Ppr - originals; GC §34090 Required Department Preference; Statute Public Assessment / Maintenance District Yes: Until Mag, Yes: After of Limitations is 4 - 10 years (for Works / PW-015 Projects (Drawings - e.g. roads, P Completed Mfr, OD, S QC & OD Errors & Omissions); CCP Engineer. sewer, etc.) Ppr §§337. 337.1(a), 337.15, 343; GC §34090.7 Assessment / Maintenance District Department Preference; Statute Public Projects (Spreadsheets, Termination Yes: Until Mag, Yes: After of Limitations is 4 - 10 years (for Works ! PW-016 Improvement Plans - e.g. roads, of District 10 years Completed Mfr, OD, S QC & OD Errors & Omissions); CCP Engineer. etc.) Ppr - §§337. 337.1(a), 337.15, 343; .sewer, GC §34090.7 Public Asset History (Pavement Database; Data is inter -related; Works / PW-017 Management, Traffic Signals, Indefinite - ' Mag Some assets are Permanent Engineer. Lights, Sidewalk, Streetscapes, Permanent GC §34090 etc.) R 9 N 'ng de-t -a y- A . F t'1 � i+ Clef 90 �n�„t +h�,•� +„ th r t � * 4he Goy ks / f' 9 s us g sen s4 n � Clerk GO §34 W Vic 1 1 t l MagPer �rgc th i to 9'"°B®�Lhll�, CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-7 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, pendinq public records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Gi P u ne '747777 e- Y tat- S s:-4-ye s t ity !� Public Mag, Yes: After Department Preference; ' Works / PW-022 Encroachment Permits - P Yes: Until Mfr, OD, S QC & OD ws-pr Engineer. Permanent (Sewers, Streets, etc.) Revocation Ppr sere^® , CCP § 337 et. Seq.; GC § 34090 Encroachment Permits: Department Preference; ' Public Temporary (Street Closures, Expiration + Yes: Until F Works ! PW-023 Transportation / Wide Load 2-4yearsCompletion Mag, Ppr n rear: , tiv� ea s y Engineer. Permits, Detours, Street Cuts, s -P §437- Paving, etc.) .; GC § 34090 Public Monitoring records required for 3 Works / PW-024 NPDES Monitoring Records 3 years Mag, Ppr', years; 40 CFR §§122.21, Engineer. 122.41, 122.44 Public Covers various statute of Works / PW-025 NPDES Permit Expiration + Yes Until Mag, Ppr limitations; Monitoring records Engineer. 3 4 years Expiration required for 3 years; 40 CFR §§122.21, 122.41, 122.44 2 years Public Works / PW-026 Preliminary Studies / Project rs Mag' Mfr' S ^^^art e t-�c-refe n ; GC Engineer. Assessments (Not Acquired) Ppr §34090 IGAW- needed CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-8 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Public Public Facilities / Infrastructure ! Mag, Yes: After Works ! PW-027 CIP Project Files (Public P Yes: Until Mfr, OD, S Supersede Infrastructure; GC §34090 Engineer. Improvement Plans and Drawings, Completed Ppr d Notice of Completion) Drafts should be destroyed; Public Recorded Maps (Final Maps, Mag, Yes: After ;Some maps are also retained by Works ! PW-028 Parcel Maps, Record of Survey, P Yes (all) Mfr, OD, S QC & OD Planning; Selected maps are Engineer. Tract Maps, etc.) Ppr 4-jear retained in Public Works for administrative purposes; GC ... .Yes: §34090, 34090.7 Public Mag, After Works / PW-029 Right of Ways P Mfr, OD, S OC & OD Land Records; GC §34090 Engineer. Ppr tive De artment reference• SSMPs Sewer System Management Plans are re aired to be u dated ever Public (SSMP) and Audits / Sanitar S ills Superseded Ma Yes: After 6 S years; SSOs are required for Works / PW-029.5 Overflow Prevention Plan (S5DPPJ + veers Mfr OD �`� OC & OD a minimum of 5 earn 40 CFR in En eer. and Sanitary5 Sewer Overflow Ppr 122.41 2 SWRCS General Response Plan Order 2006-03, & 22022-0103- 9)8 GC §34090 Public School Information (Traffic Safety Department Preference; GC Works / PW-030 Issues, etc.) 10 years Mag, Ppr §34090 Engineer. Public Department Preference; Works ! PW-031 Studies (pavement management, 3 years Mag, Ppr Historically significant studies Engineer. etc.) may be retained permanently; GC §§34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-9 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). After Securities (Performance Bonds, Ex iration Yes: After CD's, etc.) are released after the Public Subdivision Bonds and Certificate Wired Mag' QC & OD Notice of Completion is issued Works / PW-032 of Deposits aft fi Mfr, OD, S and replaced with the Warranty Engineer. �e—s�- Nottc � Ppr p f t+ Bond, which is released 1 year y after the Notice of Completion 4s ssaed date. GC §34090 Public Traffic Calming / Control Requests Department Preference; GC Works / PW-033 (Speed Humps, Stop signs, red 10 years Mag, Ppr §34090 Engineer. curbs, etc.) Controller cards are kept at the Public Traffic Signals and Lights: Master signal; Covers all Statute of Works / PW-034 File for Installation, Maintenance & 10 years Mag, Ppr Limitations; Department Engineer. Timing Preference; GC §34090, CCP §337 et seq. Public Department Preference; GC Works / PW-035 Traffic Summaries, Reports 10 years Mag, Ppr §34090 Engineer. Public Department Preference; GC Works ! PW-036 Traffic Timing (maintained at signal) P Mag, Ppr §34090, CCP §337 et seq. Engineer. CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-10 Office of Classification Records Description Retention l Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). FACUTtES Publ e 14abG s; - fao-ilt &J ir}klers)a ire �s + s+ d rainte F-P-A- �-� GG--§34090 C F -Statute Gf mitat o� )-P ii d- t- Standarcl�', Scat+ to Gapita of t' L tat n -. r t ' - e P Re d,-eta) Before-y etth=o +-5-y -s;-- cv4es rev stata, � to atk) -' p S o-- ;--jG--§§336(a},Pubk- s 1 R Ia ' gs Fa PGG-Wow Uf sal}--statut itatiGRss _ �s t f' Equipment -a d le isle- u , mot ��.nil�+'nc ' IiAaFC4� -torjF - - e-+ -racrcm1--s ',. n ��� '... ; §3-37 -S ,— �- CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-11 Office of Classification Records Description Retention l Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). A - -(F4, - vn�• iin vvofk&-� PW-044 Atafma, =e rr , ` . ` 05-S- re- Mfr, D, Sif — -°s=4- -,-rongfu4- -_) piayyk t'e ry eli L ter t� n .e. d'. . f`P`R '., '.. rn�n rcrr�c^..r .r�y'vuirx� cr.� 36 d et- y�i-- i s . Standard� blic- u '., � r ems- rt- �. `. tr` r � C rseG!8- a tW� F -ilr . '.., '...,. '... - ti '.. --c -- s, _... ...... il�,.�,o�-tom �, p,+ Rrnfe s-- -rr`�c�"'�cc—��.�- W-Grl4- SSA - -e - ., -s e- f , GGMPIetiGn __. DeWff rt-t of -&,=P-e b1ic-..... Wcwk-s4-P uT ^ni Rd --Use; FS -4- Ye&L4-yew',2 tr-ub&tnnne— FaG444 S -W2-946 r 34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-12 Office of Classification Records Description Retention l Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or k4eral investi ations suspend normal retention periods retention resumes after settlement). k tgi r r i � at to .. f �, ( ��'']] 045 a c. `y`-,�=-m'�u-c. .n nrC ate" � p rkf-L f Cb B•�ift&, F c s c4 Gt j pp.�� �` r State, - ay ao-- 9m YleGtl Y9 (4'T�`✓G "�� 5 T�'G�Cil Ft'f®J � n §3409 Woke- K&tery ia. .. 9Y"a t6 -A&eU �per®GG"� �+V_ 4 g gat GD s i' F- i-ie- ef-- ? LannrdeF AA Per, WGr-ks- 4c ePteFed nt he—W�,ri, hay ��b4i 3)- tt}�. 34 7 % 1 WG rya r f- ®-WC�� nfG P- 3 tide-- -+s -£' the 3jea-s S - 340 3 2 et se%—, CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-13 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endi oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). FLEET SERVICES' Public CHP Daily Logs (Vehicle No specific retention period Works / PW-049 inspections) 2 years Ppr provided, therefore the 2 year Fleet minimum applies; GC §34090 Life of Covers all statute of limitations; Public Equipment and Vehicle Equipment CHP requires life of vehicle; Works / PW-050 Maintenance History or Vehicle + Mag, Ppr OSHA requires 1 year; 8 Ca. Fleet 4 years Code Reg. § 3203(b)(1); CCP §337 et. Seq., GC §34090 Public Estimates (Vehicles and Works / PW-051 Purchases) 2 years Mag, Ppr GC §34090 Fleet Public Pre-Tri Ins actions 1 Vehicle Works / Safety Checks / Daily Vehicle 2 ears Mqg Ppr 13 CCR 1234 3 ' GC §34090 Trans. Inspections /Dail Equl ment Checks .........Public._ 2 ears Works / PW-052 Fuel Access Request W Mag, Ppr c rds-4t s+ -y} -GC Fleet Authorizations §34090 Public... Fuel Management System Indefinite - Data is interrelated; GC §34090 Works / PW-053 (GasBoy) Minimum 2 Mag et seq. Fleet ears ....Yes: Public Mag' After Works / PW-054 Underground Storage Tanks - 10 years P Yes Mfr, OD, QC & OD S/I Department Preference; H&S Fleet Replacement, Upgrades Ppr When- §25284.24(i); GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-14 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (Off -site, Vital? reference only and not to be deemed (in office) OD or Mfr) Options M=Mfr Imaged & binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Public 22 CCR 66266.130 c 5 H&S Works ( PW-102 Used Oil Disposal 3 years Ma , Ppr' §2525Q.18(b}, 2525Q.19(a�3 et Fleet se . Indefinite Public Work Order Database / Work Works PW-055 History Minimum 5 Yes Mag GC §34090 et seq. ears Drafts / Source records - Work Orders / Service Requests - Database becomes original Public ALL information from the work When No record; GC §34090; San Gabriel PW-056 Longer Mag, Ppr Works order is entered into the Work Required Tribune v. Su erior Court 1983 Order Database 143 Cal. Ago. 3d 742 774� 64 Ops. Cal. Atty. Gen. 317 (1981 ) Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a PW-057 3 years Mag, Ppr copy consistent with City-wide Service / the work order is entered into the standards); CCP §§338 et seq., Work Work Order Database 340 et seq., 342, GC §§945.6, GC §34090 GRAFFITI REMOVAL AND BEAUTIFICATION GRAB CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-15 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Department Preference to cover those cases that are CDBG- related (CDBG is Annual Performance Report + 4 years); Case is open until satisfactorily resolved (some liens are not Public Abatement Reports / Daily Work Yes: After 'resolved); City Clerk maintains Works / PW-058 and Abatement Reports (some 2 years 3 years Mag, Ppr', S CSC & OD ;original staff reports and Graffiti have CDBG Funding) resolutions that are presented to Council; st e;' - pK � , 2 CFR 200.333, 21 CFR 1403.42; 24 CFR . 2-, 91.105(h), & 570.502(b), 29 CFR 97.42, GC §34090 Public Works / PW-059 Graffiti Removal Service Requests 2 years Mag, Ppr GC §34090 Graffiti Statute of Limitations any Public '...liability founded upon an Works / PW-060 Hold Harmless Agreements for 4 years Mag, Ppr instrument in writing" or not Graffiti Abatements from Private Property specifically provided for is 4 years; GC §34090, CCP §§337, 343 Public Work Order Database / Work Indefinite Works PW-061 History Minimum 5 Yes Mag GC §34090 et seq. ears CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-16 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normal/ performed b file folder. HOLDS: Litigation, claims, complaints, audits pendingublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Drafts / Source records - Work Orders / Service Requests - Database becomes original Public ALL information from the work When No record; GC §34090; San Gabriel Works PW-062 order is entered into the Work Longer Mag, Ppr, Tribune v. Superior Court (1983) Order Database Required 143 Cal, Apia. 3d 742, 774; 64 O s. Cal. Atty. Gen. 317 1981 Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service ! PW-063 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide standards); CCP §§338 et seq., Work Work Order Database 340 et seq., 342, GC §§945.6, GC 34090 IRRIGATION Public Consistent with City-wide Works / PW-064 Irrigation Maintenance 3 years Mag Ppr standards for work orders; CCP Irrigation §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 Public Work Order Database / Work Indefinite Works PW-065 History Minimum 5 Yes Mag GC §34090 et seq. ears Drafts / Source records - Work Orders / Service Requests - Database becomes original Public ALL information from the work When No record; GC §34090; San Gabriel Works PW-066 order is entered into the Work Longer Mag, Ppr Tribune v. Su erior Court 1983 Order Database Required 143 Cal. Ago. 3d 742 774. 64 Ops. Cal. Atty. Gen. 317 (1981�) CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-17 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service / PW-067 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide Work Work Order Database standards); CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 LANDSCAPE Public Daily Journals / Playground Yes: Works / PW-068 Equipment Insections p 2 years Before Mag Ppr GC §34090 Landscape Completion' Covers Statute of Limitations for Contracts (errors and omissions does not apply); Published Audit Standards=4-7 years; Statute of Public Facilities Maintenance Contract Yes: Limitations: Contracts & Works / ADMINISTRATION FILES PW-069 Completion 5 years Before Mag Ppr Spec's=4 years, Wrongful Landscape (Landscape Maintenance, Tree Completion .. Death=comp. + 5 years, Trimming, etc.) -5 ; Complies with DOT's Construction Manual Section 5-104C; CCP §§336(a), 337 et. seq., GC §34090 Public Consistent with City-wide Works / PW-070 Landscape Maintenance (in-house) 3 years Mag Ppr standards for work orders; CCP Landscape §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-18 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). subs a ti y Pesticide and Herbicide Records, a ' --t stic4d $ nles- Public including training and written Mag, Y ' Works / PW-071 recommendations (usage records 2 years D 4 Landscape are filed with the County Agriculture Ppr §3204(dn1, et se �16 COR Department) 1�J7Ei Department Preference Lagricultural pesticide records are re uired for 2 years); 3 CCR 6 223� GC §34090, Public PW-072 Work Order / Service Request Log 8 years Mag, Ppr Department Preference; GC Works §34090 et seq. Public Work Order Database /Work Indefinite Works PW-073 History Minimum 5 Yes Mag GC §34090 et seq. ears Drafts / Source records - Work Orders / Service Requests - Database becomes original Public ALL information from the work When No record; GC §34090; San Gabriel Works PW-074 order is entered into the Work Longer Mag, Ppr Tribune v. Superior Court (1983) Order Database Required 143 Cal. App. 3d 742 774 64 O s. Cal. Atty. Gen. 317 1981 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-19 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service / PW-075 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide Work Work Order Database standards); CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-20 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or federal investigations suspend normal retention periods retention resumes after settlement). STREETS Public Daily Journals for Street Works / PW-076 Maintenance 2 years Mag, Ppr GC §34090 Streets Consistent with statute of Public HazMat Incident Responses, Clean Mag, Yes: After limitations for employee Works / PW-077 ups and Exposure Records (Diesel, 30 years Mfr, OD, S/I QC & OD 'exposure to hazardous Streets Oil, etc.) Ppr NO materials; 8 Cal. Code Reg. 3204(d)(1)(A) Department Preference; Statute Public of Limitations any "...liability Works / PW-078 Pavement Maintenance (rubble, fill, 5 years Mag, Ppr founded upon an instrument in Streets release for debris) writing" or not specifically provided for is 4 years; GC §34090, CCP §§337, 343 Public Ma Yes: After Re uired for a minimum of 5 Works ( PW-101 SanitarySpills and Overflows 5 ears Mfr, OD S / I QC c OD ears SWRCS Order 202-0103 0 Streets SSOs Ppr DWQ 2006-03 40 CFR 122.41(2}; GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-21 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Exception to City-wide standard because Statute of Limitations for Errors & Omissions does not apply to this contract; Statute of Public Street Maintenance Contract Yes: Limitations: Contracts & Works / ADMINISTRATION FILES (Parking PW-079 Completion 5 years Before Mag, Ppr Spec's=4 years, Published Audit Streets Lot Sweeping, Street Legend Completion, Standards=4-7 years; Statewkle- Painting, etc.) gjid s-pr -ter + t' -+-- 5-yearsComplies with DOT's Construction Manual Section 5- 104C; CCP §§336(a), 337 et. seq., GC §34090 Public Work Order Database / Work Indefinite Works PW-080 History Minimum 5 Yes Mag GC §34090 et seq. ears Drafts / Source records - Work Orders / Service Requests - When No Database becomes original Public ALL information from the work PW-081 Lon ger Mag, Ppr, record; GC §34090; San Gabriel Works order is entered into the Work Required Tribune v. Superior Court (1983) Order Database 143 Cal, App. 3d 742, 774; 64 O s. Cal. Atty. Gen. 317 1981 Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service (' PW-082 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide standards); CCP §§338 et seq., Work Work Order Database 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-22 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (Off -site, Vital? reference only and not to be deemed (in office) OD or Mfr) Options M=Mfr Imaged & binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). MAINTENANCE AND ENVIRONMENTAL SERVICES Department Preference; SB 1383 compliance is required for AB 939 Compliance (Franchise Yes: After 5 ears: Lover -Carbon Fuel Public Waste Hauler) / SB 1383 Mag' QC & OD Standard re ulations credits can Works / PW-083 10 years Mfr, OD, S / I Com liance Organic Waste W�� be received for 10 ears and are Maint. Collection and Rec cling) Ppr tRaGWe eli ibis for an extension 14 GGR 18995: 2 H&S 39730.7- GC §34090 De artment reference City has "cradle to grave" liability), only 3 ears is mandated 22 CCR Disposal Receipts and Manifests - 66262.40 GC 34090 Lead Dept. PW-084 HAZARDOUS WASTE Mag, Ppr s - tatute-of- acte �1 s 3.2 (-dX r ! A-) CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-23 Office of Classification' Records Description Record OR File Number (OFR) the record is not listed here, refer to the Retention for Ci etentions begin when the act is completed, and imply a i Public Works / Maint. Public Works Active Inactive (in office) (Off -site, OD or Mfr) Wide Standards file folder (e.g. last document + 2 y c records reauests. and/or al 5 years Indefinite - Minimum 5 ears Work Orders / Service Requests - When No Public PW 087 ALL information from the work Longer Works order is entered into the Work Order Database Required PW-08 PW-08 5 Grants 6 Work Order Database / Work History Retention / Disposition Comments / Reference Image: Destroy Media 1=Import Paper after (Citations to the law are for Vital? ference only and not to be dee Options M=Mfr Imaged & re binding on the City) S=Scan CIC'd? since destruction is normally perfo �iaations susaend normal retention Mag, Mfr, OD, Ppr Yes Mag Mag, Ppr' S/I iods retention resumes after settlement). Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final Yes: After payment of grantee or CSC & OID 'subgrantee; Wpr 4-years; 2 C F R 200.333: . & 1403.42kb� 24 CFR 864-2, 91.105(h), 92.505, & 570.502(a), -CPR 29 CFR 97.42; 40 CFR 31 42; 44 42; 45 C , OMB Circular A-133; GC §34090, GC 8546.7 GC §34090 et seq. Drafts / Source records - Database becomes original record; GC §34090; San C 143 Cal. App. 3d 742 774 64 O s. Cal. Atty. Gen. 317 1981 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-24 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service / PW 088 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide Work Work Order Database standards); CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 TRAFFIC CONTROL Public Traffic Daily Journal and Detail Covers Statute of Limitations; Works / PW-089 Logs: Maintenance, Installation, 5 years Mag, Ppr Department Preference; GC Traffic Removals, etc. §34090, CCP §337 et seq. Public Work Order Database / Work Indefinite Works PW-090 History Minimum 5 Yes Mag GC §34090 et seq. ears Work Orders / Service Requests - When No Drafts / Source records - Public PW-091 ALL information from the work Longer Mag, Ppr Database becomes original Works order is entered into the Work Required record; GC §34090 Order Database Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service / PW-092 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide Work Work Order Database standards); CCP §§338 et seq., 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-25 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). TRANSIT-MA4NTE-NANCE- Public Consistent with Operational Works / PW-093 Bus Routes and Scheduling 3 years Mag Ppr Complaints and Work Orders; Trans. CCP §§338 et seq., 340 et seq., Ata ' m 342, GC §§945.6, GC §34090 Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants to Local Governments is 3 years from expenditure report or final Public Bus Shelter /Bus Stop Mag, Yes: After payment of grantee or Works / PW-094 Maintenance (some funding from 5 years Mfr, OD, S / I QC & OD subgrantee; ew' o' Trans. Proposition A) Ppr ; 2 CFR .- ', f� r F4R � , 6 � 4- 1200.333; , GFR4 403:364- 4 403. 2( 24 CFR .4.2, 91.105(h), 92.505, & 570.502(a), 2 rFR-66 nay 29 CFR 97.42; 40 GFR 31 42; 44 GPR-- 4� r��� 9.��0; OMB Circular A-133; GC §34090, GC 8546.7 - Public Works / Trans. Gillet- 3 Dial -a -Ride Trip Sheets 2 years Mag, Ppr GC §34090 E* Uti CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-26 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan QC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Public Pre-Tri Ins actions /Vehicle Works / Safety Checks / Daily Vehicle ' ', 2 ears M29 Ppr 13 CCR 1234 3 ° GC 34090 Trans. Inspections f Dail Equipment _ Checks Public... Works / PW-095 Traffic Log of Calls (Summary) 5 4-0 years Mag Ppr', Department Preference; GC Trans. §34090 Public... Works / PW-096 Traffic Reports 2 years Mag Ppr GC §34090 Trans. Contractor maintains records at their business; Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Public Yes: After Standards=4-7 years; Statute of Works / Traffic Signal and Maintenance Yes: Mag, OC & OD Limitations: Contracts & Trans. PW-097 (Contract Administration) Completion 10 years Before Mfr, OD, S/I Spec's=4 years, Wrongful mainL Completion Ppr pletion Death=comp. + 5 years, Developers=comp. + 10 years; ter at' -+5-y s; Complies with DOT's Construction Manual Section 5-104C; CCP §§336(a), 337 et. seq., GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 11.0 RECORDS RETENTION SCHEDULE - PUBLIC WORKS Page PW-27 Office of Classification Records Description Retention l Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1=Import Paper after (Citations to the law are for (OFR) (in office) (Off -site, Vital? Options M=Mfr Imaged & reference only and not to be deemed OD or Mfr) binding on the City) S=Scan CIC'd? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, auditspending ublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Statute of Limitations is 4 years (Errors & Omissions does not apply); ', ', ', ', p,� frir,n ..a. G; se-c„,n1 ^�,�,Y-.�=r' Public Works / Yes: Mag, Yes: After c trae --co ti rs Trans. Transit Contracts (Dial -a -Ride, Completion Before Mfr, OD, CSC & OD S Fixed Transit, etc.) + 5 years Ppr When- ts. _E_Xe_Gut4e_Completion Inactive Statute of Limitations is 4 years; 10 years for Errors & Omissions; CCP §§337. 337.1(a), 337.15, 343; GC §34090 Public Work Order Database / Work Indefinite Works PW-098 History Minimum 5 Yes Mag GC §34090 et seq. ears Drafts / Source records - Work Orders / Service Requests - When No Database becomes original Public PW-099 ALL information from the work Longer Mag, Ppr record; GC §34090; San Gabriel Works order is entered into the Work Required Tribune v. Superior Court (1983) Order Database 143 Cal, App. 3d 742, 774; 64 O s. Cal. Atty. Gen. 317 1981 Department Providing work is Dept. Work Orders / Service Requests - the Office of Record (department Providing PARTIAL OR NO information from Requesting work is considered a Service / PW-100 the work order is entered into the 3 years Mag, Ppr copy consistent with City-wide standards); CCP §§338 et seq., Work Work Order Database 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA. ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01/2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-1 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 rt (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options after =Mf MMfr M only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). RECREATION & COMMUNITY SERVICES ADMINISTRATION Recreation & Commun.'' Services C Baldwin Park NOW (Newsletter) P Mag, Mfr, S No Department Preference (Historical OD, Ppr Value); GC §34090 Exe' Recreation Bus Passes and Dial -a -Ride Meets auditing standards; GC & Commun. RCS-001 Sales Records 2 years 3 years Mag, Ppr §34090 Services Recreation Retained for auditing purposes; & Commun. RCS-002 Cash Journals, Register Tapes 1 year 4 years Mag Finance is Office of Record; GC Services §34090.7 Recreation Evaluations/Surveys (of Department Preference & Commun. RCS-003 programs) 2 years Mag, Ppr (Transitory record); GC §34090 Services f�. C PAes R 04 Y vGo 1RV&RtGFy -Superseded f Tr si--R o-rd; -§ 90 e-of-Ltat[Gos-- y- Recreation Facility Use and Equipment Yes: & Commun.' RCS-005 Applications, Books, Alcoholic 2 4-years Before Mag, Ppr Services Beverage Applications Eventmi^^�rry GC §34090, GCP--§§337-343 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-2 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options =Mf MMfr M after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or fecaral investi ations suspend normal retention periods retention resumes after settlement). Recreation Insurance Insurance Certificates (for Yes: & Commun. RCS-006 FacilitRentalsetc y , .) 2 4-years Before Mag, Ppr a Services Event +de -+s-4 GC §34090, ®, 4 3 D ent-P_r 3-§ -p a i4n,. P-er el-F- -art Ye; „,yid Ye. tee transfe er ; n R-erc n �4 07 -afyy plsye 6-ye s at' , - S Separation&tat ^- P 2� Department Preference -,- Recreation Pool Chemical Addition Mag, Mfr, Yes: After & Commun.' RCS-008 Reading Logs years OD, Ppr S / I DC & OD r i Services seci-i GC §§12946, 34090 Recreation Recreation Cash Journals from Retained for auditing purposes; & Commun. RCS-009 Database, Receipts, Register 1 year 4 years Mag Finance is Office of Record; GC Services Tapes §34090.7 Recreation Indefinite ® Data is interrelated, GC §34090 et & Commun. RCS-010 Recreation Database Minimum 2 Mag Services ears seq. CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-3 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options M MMfr =Mf after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Recreation Strategic Plan / Master Plan for Mag, Mfr, Yes: After Department Preference; GC § & Commun. RCS-011 Department Services P OD, Ppr S QC & OD 34090 Services CHILDREN SERVICES Recreation Family File for Childcare Yes: Statute of Limitations for personal & Commun. RCS-012 Programs (includes registration 5 years During Mag, Ppr', property is 3 - 5 years; CCP §337, Services forms and hold harmless, Class or 338 et seq., GC §34090 liability waiver agreements) Program Recreation Permissions: Field Trip Yes: & Commun. RCS-013 Authorization to give Medicine, 2 years During Ppr GC §34090 Services etc. Class or Program U Retained for auditing purposes; Finance RCS-014 Receipts, Refunds 2 years app Y Mag, Ppr Finance is Office of Record; GC 4-year mi ' -3 years §34090.7 Recreation & Commun. RCS-015 Program / Special Event Files 2 years Mag, Ppr GC §34090 Services Recreation & Commun.' RCS-016 Sign -in / Sign -out sheets 2 years Mag GC §34090 Services CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-4 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options MMfr M=Mf after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). FACILITIES Recreation NFPA standards re airs (ifs of the & Comm. Backflow Certifications - City - system for original installation Services owned facilities fires rinklers , 2 years Mag, Ppr records; 1 year for subsequent irrigation records (inspections, tests and Works / maintenance); NFPA 25 4.34 & Facilities 4.3.5 UFC - ,GC §34090 Covers Statute of Limitations for Contracts (errors and omissions does not apply); Published Audit Recreation Yes: After Standards=4-7 years; Statute of & Comm. Yes: QC & OD Limitations: Contracts & Spec's=4 Services Capital Project Files (Budget P 38 Completion Mag, Mfr, 5 years Before S/IUpon- years, Wrongful Death=comp. + 5 Request, Bid, etc.) OD Completion , Ppr p years, s / . -teem ah n + " Facilities Complies with DOT's Construction Manual Section 5-104C; CCP §§336(a), 337 et. seq., GC §34090 Recreation & Comm. Services Daily Logs 2 years Mag, Ppr GC §34090 Ru bfiic_ Fs Facilities CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-5 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) Vital? (Off -site OD =Mf M Options MMfr after only and not to be deemed binding on or Mfr) S=Scan Imaged & the City) C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Recreation ', ', all statute of limitations; & Comm. ' ' ' Life of ' ,Covers CHP requires life of vehicle; Services Equipment and Vehicle � � Equipment or Mag, Ppr OSHA requires 1 year; 8 Ca. Code I�-u ',Maintenance History ', Vehicle + 2-4' ,Reg. § 3203(b)(1); CCP §337 et. '•�s / wofFacilities ' ' I years Seq., GC §34090 Covers Statute of Limitations for Contracts (errors and omissions Recreation Facilities Maintenance Contract Yes: After does not apply); Published Audit & Comm. ADMINISTRATION FILES (Fire ADMINISTRATION Yes: QC & OD Standards=4-7 years; Statute of Services Alarm, Janitorial, Security, Completion Mfr, 5 years Before S/I Limitations: Contracts & Spee's=4 �ubk+E Striping, Terminex (contract OD, Ppr Completion left°WGFkS years, Wrongful Death=comp. + 5 / pest control), etc.) apropose--ter- years, ' Facilities -+--5-y s; CCP §§336(a), 337 et. seq., GC §34090 Covers Statute of Limitations for Contracts (errors and omissions Recreation Yes: After does not apply); Published Audit & Comm' Yes: OC & OD Standards=4-7 years; Statute of Services HVAC Records - Operations, Completion 5 years Before Mag, Mfr, S/I Limitations: Contracts & Spec's=4 I+c- Sub equipment maintenance Completion OD, Ppr efie years, Wrongful Death=comp. + 5 / Y ears, tat ,s, e- , :�e;�,=��- Facilities CCP §§336(a), 337 et. seq., GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-6 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Destroy Image: Inactive Active Media 1 rt Paper (Citations to the law are for reference (OFR) (Off -site OD (in office) Vital? Options MMfr M=Mf after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investi ations suspend normal retention periods retention resumes after settlement). Recreation Yes: After' c Comm' Maintenance - Annual or Yes: QC & OD Department Preference; CCP Services Mag, Mfr, P P-Regularly Scheduled 5 years Before OD, Ppr p S/I §§336(a), 337 et. seq., GC / Maintenance Completion rnplefio §34090 Facilities n Recreation ➢� n r� rt t 6� f c hi 4 n & Comm. ', P W - �a f$ -b '" f-- Services 44 Pool Chemicals and Use 2 30 ears y Mag' =c. � ��� f�v'^ �,cfn�nn ie Records , Ppr year ,, 3� ) e� / seq., GC §§12946, 34090 Facilities Recreation & Comm' Minimum 2 Certificates provided by the State, Services Safety Certifications (Elevators, �� Years, Mag, Ppr who may not perform inspections iE ', Chairlifts, Fire systems, etc.) Supersededevery year; GC §34090 Es / WGrFacilities Recreation & Comm. Indefinite - Services Work Order Database / Work P Minimum 5 Yes Mag GC §34090 et seq. History works / ears Facilities Recreation Drafts / Source records - & Comm. Work Orders / Service Database becomes original Services Requests - ALL information When No record; GC §34090; San Gabriel Longer g Ma Ppr g' p from the work order is entered Required Tribune v. Superior Court 1983 Es / into the Work Order Database 143 Cal. App 3d 742 774° 64 Facilities Ops. Cal. Atty. Gen. 317 (1981 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-7 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) Vital? (Off -site OD =Mf M Options MMfr after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). Department Providing work is the Dept. Work Orders / Service Office of Record (department Requests - PARTIAL OR NO Providing Requesting work is considered a P information from the work order 3 years Mag, Ppr', copy consistent with City-wide Service / is entered into the Work Order standards); CCP §§338 et seq., Work Database 340 et seq., 342, GC §§945.6, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-8 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options =Mf MMfr M after only and not to be deemed binding on or Mfr) S=Scan Imaged & the City) C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). FAMILY SERVICE CENTER Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions 10 years or is 10 years; Published Audit After Yes: After' Standards=4-7 years; Statute of Recreation Funding Yes: QC & OD Limitations: Contracts & Spec's=4 .Counseling /Assessment / & Commun. RCS-017 Completion Agency Before Mag, Mfr, S/I years, Wrongful Death=comp. + 5 Referrals (bcontractors) (by Audit, if Completion OD, Ppr do years, Developers=comp. + 10 required, years; g whichever is o ; 2 longer CFR 200.333; 21 CFR 1403.42; 24 CFR , 91.105(h), & 570.502(b), 29 CFR 97.42, GC §34090 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: Ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-9 Office of Classification Records Description Retention / Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media Paper 1 rt (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? Options after MMfr M=Mf only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). RECREATION T - to-€Gf-f i - rer-s-- sta go ii Recreation Agreements for Contractors: Completion + Yes: Until c tei--or4tr is & Commun. RCS-018 Class Instructors, Sports 2 years Completion Mag, Ppr', Services Leagues, etc. gtra,^ rta n a n G. agfeef set . �r�� §� 37 et. -sec ; GC §34090 StaWt -L' 't n Recreation Class Registration Forms - City ... & Commun. RCS-019 Sponsored Activities (includes 2 years 2-years Mag, Ppr ^s�tti Services sports programs) GC §34090,- P—§§-337 343 ...Recreation Indefinite Department Preference; GC & Commun. RCS-020 Recreation Class Database Minimum 2 Mag §34090 et seq., CCP §§33737, 343 Services ears Recreation Recreation Program Files & Commun. RCS-021 (aquatics, etc.) 2 years Mag, Ppr GC §34090 Services Statute--Gf-L4nimtatbns,-any- Recreation Release of Liability Forms for & Commun. RCS-022 Excursions, Field Trips, etc. 2 years 2jears Mag, Ppr io-n+ Services GC §34090, CCR §§-3 ,343 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-10 Office of Classification Records Description Retention / Disposition Comments I Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site OD Vital? M=Mf Options MMfr after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. HOLDS: Litigation, claims, complaints, audits, Pendina oublic records requests, and/or al investigations suspend normal retention periods retention resumes after settlement). SENIOR CITIZEN CENTER The statute of limitation for errors and omissions is not applicable; Sta , ' ti Recreation Agreements for Contractors: Completion + Yes: Until e -e ts--&- & Commun. , RCS-023 Class Instructors etc. 2 years Completion Mag, Ppr MPI& .,,� � �yu r�r Services G agferr it CCP §§336(a), 337 et. seq., GC §34090 Sta f-L' itat+oris_ Recreation Class Registration Forms - City & Commun. RCS-024 Sponsored Activities (includes 2 years 2—years, Mag, Ppr Services aerobics programs) apes f eehy p, ev iund i� ^ ars GC §34090,- GP--§§3-37 3 ' Facility Renewal Requests and S� nn',m. Recreation Use Permits (Senior Banquet & Commun. RCS-025 Halls, Room Reservations, Club 2 years 2-years Mag, Ppr tr-u n -wr+ti L Services House Rentals, etc.) �n GC §34090,- 337, 343 St to -Li °tat' y- Recreation Liability Waivers for Field Trips, & Commun. RCS-026 2 years 2—years Mag, Ppr Services etc. Grcf y pro�iu { r ram; y®ter GC §34090,-CGP--§§-3 43 CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: ver. 7.0 RECORDS RETENTION SCHEDULE: RECREATION and COMMUNITY SERVICES Page RCS-11 Office of Classification Records Description Retention / Disposition Comments / Reference Record OR File Number Image: Destroy Active Inactive Media 1 rt Paper (Citations to the law are for reference (OFR) (in office) (Off -site ])D Vital? Or MMfr M=Mf after only and not to be deemed binding on or Mfr) Imaged & the City) S=Scan C,d? If the record is not listed here, refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normal/ performed b file folder. HOLDS: Litigation, claims, complaints, audits endin ublic records requests, and/or al invest* ations suspend normal retention periods retention resumes after settlement). City administers program for the County; meets Uniform Grant Requirements; Uniform Admin. Recreation Requirements for Grants to Local & Commun. RCS-027 Senior Food / Lunch Program 4 years MaPpr Governments is 3 years from Services Registrations (Confidential) expenditure reportg,; -eta e- g der r ®n, =s;2CFR 200.333 24 CFR & 570.502(b), 29 CFR 97.42, GC §34090 Recreation Seniors' Emergency Contact Inactive / Yes: While & Commun. RCS-028 Forms Separation volunteer is Mag, Ppr Transitory record; GC §34090 Services active CITY OF BALDWIN PARK, CA ©2003 Gladwell Governmental Services, Inc. - all rights reserved Adopted: 09/01 /2004 Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Revised: ITEM NO. 4 SAID y,�,, TO: Honorable Mayor and Members of the City Council NE. FROM: Manuel Carrillo Jr., Director of Recreation & Community C r • `s,,MELServices DATE: February 7, 2024 JAT4'L) SUBJECT: Approval of Purchase from Game Room Specialists, Inc. DBA A & C Billiards and Barstools for Seven (7) Billiard Tables SUMMARY The purpose of this staff report is for City Council to consider the purchase of seven (7) new billiard tables from Game Room Specialist, Inc. DBA A & C Billiards and Barstools. RECOMMENDATION It is recommended that the City Council: 1. Approve the purchase in the amount of $27, 975.94 with Game Room Specialist, Inc. DBA A & C Billiards and Barstools for seven (7) billiard tables; and 2. Authorize the Director of Recreation & Community Services to execute any associated documents needed for the purchase; and 3. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. FY 23-24 CIP budget includes a line item CIP22-031, fund allocation from the American Rescue Plan Act (ARPA), account number 275-60-765- 58110-56002 in the amount of $74,140.70. The purchase is in the amount of $27,975.94. BACKGROUND At their November 1, 2023, City Council Meeting, City Council approved Fiscal Year (FY) 2023-2024 CIP budget, which includes CIP Project # 22-031 with an allocation from the American Rescue Plan Act (ARPA) funds for Games Room Equipment Upgrades in the amount of $74,140.70 (275-60-765- 58110-56002.) Among the equipment slated for improvement are the billiard tables located in the game rooms of the Esther Snyder Community Center, Teen Center, and Barnes Park Family Recreation Center. The existing billiard tables have been in service since 2002 and have surpassed their expected lifespan. Given their extensive use over the past twenty-two years, it's imperative to replace these tables to continue providing quality recreational services to the community. Additional gaming equipment will be purchased. If the procurement exceeds the signing authority of the Chief Executive Officer, the proposed items will be presented for consideration at a subsequent City Council meeting. Below is the breakdown of the tables to be replaced. Location Quantity Esther Snyder Community Center 4 Teen Center 2 Barnes Park Family Recreation Center 1 Total Tables 7 Page I / 2 Staff secured the following quotes from the vendors below to replace all seven (7) tables. Vendor Quotes Game Room Specialist, Inc. DBA A & C Billiards and Barstools $27,975.94 Orange County Billiards $28,650.91 West 8 Billiards & Gamesrooms $30,275.00 ALTERNATIVES The City Council may elect not to approve the purchase. ATTACHMENTS None. Page 2 / 2 ITEM NO. 5 SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation and Community Services February 7, 2024 Waive Formal Bid Procedures and Authorize the Purchase to Replace Air Conditioner Unit in Police Department Server Room CIP24-045-56016 The purpose of this staff report is for City Council to authorize the purchase with Honeywell Building Solutions for the replacement of an air conditioner (AC) unit in the Police Department (PD) Server Room as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 23 (C). RECOMMENDATION It is recommended that the City Council: 1. Waive formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 23 (C); and 2. Authorize the purchase in the amount of $27,411.10 from Honeywell Building Solutions; an 3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The total purchase is in the amount of $27,411.10 which includes installation. The total approved CIP budget amount is $50,000.00 from the AB74 Public Safety Enhancements CIP24-045-56016, account # 209-60-620-58100-56016. BACKGROUND At their November 1, 2023, City Council Meeting, City Council approved FY 2023-2024 CIP budget, includes CIP24-045-56016 with an allocation from the AB74 Public Safety Enhancements fund for Replacement of AC Unit in PD Server Room in the amount of $50,000.00, account # 209-60-620- 58100-56016. The AC unit plays a crucial role in preserving an optimal temperature within the server room. Its primary function is to cool the environment, counteracting the heat generated by numerous electronic servers and specialized equipment housed in the room. This AC unit ensures the efficient operation and longevity of the sensitive electronic components, safeguarding the overall functionality of the server room. Honeywell Building Solutions participates in the General Services Administration (GSA) Page 1 / 2 Schedule. GSA is a U.S. government agency that manages and supports various federal functions, including procurement of goods and services for government agencies. The GSA plays a key role in providing workspace for federal employees, managing government buildings, and overseeing federal contracts. It aims to streamline government operations and improve efficiency in areas such as procurement, property management, and technology services. The AC unit may be purchased under the GSA Schedule. Staff is requesting to waive the formal bid process to allow staff to procure with a State authorized supplier as per the City Purchasing Ordinance Chapter 34 section 23 (C) that reads as follows; Whenever the Council finds that the public interest and convenience require, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. The purchasing ordinance authorizes "piggyback" since the contract was issued and already went through a bidding process at the time they were selected and made an authorized contractor. ALTERNATIVES The City Council may elect not to approve the purchase. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None. Page 2 / 2 ITEM NO. 6 �L�� TO: Honorable Mayor and Members of the City Council - � FROM: Sam Gutierrez, Director of Public Works sn 'EL PREPARED BY: Lena Abdullah, Management Analyst JAT4;0� DATE: February 7, 2024 SUBJECT: Grant Reimbursement Report for 2nd Quarter FY23-24 — October 1, 2023, to December 31, 2023 SUMMARY This report provides an update on the grant reimbursement requests for various grant -funded projects and programs on a quarterly basis. This report covers reimbursement requests submitted and/or funds received during the 2nd quarter of FY23-24 between October 1, 2023, and December 31, 2023. RECOMMENDATION It is recommended that the City Council receive and file this report. FISCAL IMPACT Grant funds are typically fronted by the General Fund Reserve on a reimbursement basis and tracked under Fund 270. The fund reimbursement requests outlined in this report ensure that the City is actively working in a timely manner to recoup expended funds and replenish the General Fund Reserve. It underscores the pivotal grant and program funds requested and received along with their corresponding fiscal impact. The total reimbursement amount that was requested this quarter was $252,734.00 and the total amount received was $1,674,835.00 BACKGROUND The Department of Public Works is proactively engaged in seeking grants from diverse funding channels, programs, and other sources. These grants play a crucial role in facilitating city projects by providing the necessary financial backing to move a project from concept to reality. Often, these grants entail the city incurring initial expenses, followed by progressive reimbursement request for documented eligible project expenditures. Some grant programs provide for up -front disbursements while others require, we invoice them for reimbursements DISCUSSION This quarterly report summarizes the grant reimbursement request limited to the second (Q2) of FY23- 24 encompassing October to December of 2023. The following table details each reimbursement and fund payment request submitted by staff including any funds received: Page 1/2 FY23-24 Quarter 2: October 1, 2023-December 31, 2023 Grant/Program Agency Type Amount Submitted Received SGVCOG - ActiveSGV Reimbursement $45,000 8/10/2023 12/4/2023 Slow Streets* Zocalo - Prop LACMTA Reimbursement $1,625,735 8/17/2023 11/14/2023 68 Grant* Maine/Pacific Caltrans Reimbursement $4,100.00 10/2/2023 10/23/2023 Rail Crossing - HPLUL SG River Bike LACMTA Reimbursement $89,984 9/21/2023 Pending Path - Call for 10/17/2023** Projects Barnes Park - LACMTA Reimbursement $162,750 12/26/2023 Pending Prop 68 Grant * Requested submitted last quarter and received current quarter * *Date request resubmitted with updates ALTERNATIVES None. CEQA REVIEW This action is not subject to the requirements of the California Environmental Quality Act ("CEQA"). This approval is not a "project" within the meaning of section 15378 of title 14 of the California code of regulations ("state CEQA guidelines") because it has no potential for resulting in direct or indirect physical change in the environment. This action is exempt from CEQA review because it does not constitute a project under CEQA pursuant to section 15378(b)(5) of the state CEQA guidelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS Grant/Program Reimbursement/Claim Documents: 1. SGVCOG: Slow Streets Demonstration Invoice #1 2. LACMTA: Zocalo-SG-19-070 Invoice #1 3. CalTrans: Maine Pacific Rail Crossing-HPLUL5323(028) Invoice #8 4. LACMTA: SG River Bike Path-F3507 Invoice #1 5. LACMTA: Barnes Park-SW-19-082 Invoice #1 Page 2/2 110 2 1013 6 7 9 11111 Cut 32227 162?on" 1 3 606ts From. Active San Gabriel Valley Batt: 11/27/202 + Pay To: CITY OF BALDWIN PARK Check : 210867 11 Get pald up to Invoice # Bill Amount Payment Amount 1 $45,000,00 $45,000, 0 7 days earlier Total $45,000.00 ith BILL! wl �iti��c,� 13a1ti+ziti&m'arit .. .. F3aCetccssx Pa.1;.. C:. 42b,SLx..Ys1un. 626j99 2��a"� w+nvbeid W ln�j!hc¢Stn ialati+- S -r Gnh-i VAIB , Acrea m, Carablr. IUSWM,41�11 St Y.B \Ca:ntc, C.A )1731 i44-9XI-,. 3tetu#' CDe9rri ott I.ixut. `las�A 1''nr Cain a?i €Sxtaisxun Pack svnttxactcci u�atk. rcixrecl to mzraiiaa.,axt of 3 tvt,s nx ratttt,irYxaxna un 1-t of a tkn. tswimt ix.jecs. ifi'iankransnsEesd. of ru:}za(la¢a icznis— u.i& 1 V,,te, srszpmg ul :c cc t,u,x ane?. »tmcmt ckau:rsi CostO,tl rx's m: als=aisir. itncYue9rel nernaxn sl of niu xicanvxx.ncarxtxeivraf zfxonndatxrux xnil resmrmnesax ets Pe.raxatn.g Cite" L"usui 1"Hlk "1"CDI:•Yi,f APdl45t ti r DUE xi , all clx,h Y mblo it, lean 'Cm, C,tit B.it.Y3" IN, PARE" RECEIVED DEC 0 4 20B OR Go to bill.comleay and enter this code: O iSB a2�27•1t-�(i"Ci¢3C1��,18"flt7�t•�DY141A6:............... Sent by Bill.com. LLC U.S. Patent No. B.521.626 $ ,VA L,LCY" � Y i tbe an (,aN ("Ity of BaldwIrt Park Attn- Public Works Dcpt. 14-403 East Pacific Avenue Baldwiu Park, CA 91706 (626) 813-5255 Fax (626) 952-2625 www.baldwinpark.com TO Activc San Gabriel vallc�. -ACCOLints Pavablc 10900 A"lulhall St. El Monte, CA 91731 (626) 3441-9005 1\�N,01(11-. NO, I DXI-11. fit,I (I I /")t)23 -Vl TN: W,2 S 10R C L16 EI 1.1 C-I 1-1 Itein # Descripdon Unit TotM The GtV� of Baldwin Park contracted work related to installation of a temporary roundabout as part of a derrionsrration project. Worl< consisted of installing temporary traffic I sigriqge, striping, traffic, control devices, and street closure(s). Contractor's scope also LS $ 4.5,000 included retnoval ofthe demoristrational roundabout and restoration to pre-e-,fisting conditions. City Fund T13D TOTAL AMOUNT DUE $45,000 ,mal(e all checks payable to the "CITY OF BALDWIN PARK" THANKYOU OFFICERS llrr�idenf lkckv sltnlin P I *h,, Pi e?�idew Tim Rephurn 2`1 Vit v Presadent 4111il Verlato August 8, 2022 H.nrique Zaldivar 14403 E. Paci fi c Ave ti u e Baldwin Park, CA 91706 SUBJECT: SLOW STREETS AWARD LETTERFOR GRANT REQUEST We are pleased to infin-in you that [Ile, San Gabriel Valley Council of Governments (SGVCOG) reviewed YOUr recent grant request and 'Is awarding W1 111-10tint of Lip to r$45,000, As discussed, the award amount has been set aside for the City of Baldwin Park as part of a larger implementation contract with Our partner ActiveSGV. The intended AI I , m Ituts purpose of t ' he grant is to help facilitate a tune -firnitcd slow street demonstration, while the overall goal of the program is to encourage sustainable modes of transportation and provide Arcadia an opportunity for civic engagement that can foster the development of the city's multi- 4"'u'va Z� Ualthvin Park modal policies. Brueffittly Claremont Covina Diamond Bar MY(Irf" T"I Alonte Glendora lnfhwy Irwindale Lei CaAvda rfinirhqe lat Later nte it Verne Alonvelvia Monlehello Monlercy Park Pasadena Pomona Renourad selit Mulav Se,,, Gabliel Son Halillo Nierm Madre Small FI Monte South Pasadena Temple Cr ' Walnnf West OJI'Mer Fhv District, L I Comaj F "h. ,,a,-./'d C—a m,hie, FUH1 Diorid, 1A CountY Vni.q 1"d C g"hi" S(; F Water bisef Ov Ac1jvcS(jV will use the grant toward the purchase of range ofniaterials to implement the t, dernonstration, including but not firrilted to: parklets, k-rails, planters, temporary bike -lane Z1 demarcations, and other pedestrian safety enhancements. ActiveSGV will confirm all purchases with SGVCOGT staff beforehand to ensure eligibility. Additionally, ActiveSGV will help the City implement a slow street. demonstration by providing services related to planning, coordination, education & outreach, and demonstration evaluation. It is incumbent on the City and ActiveSGV to coordinate meetings to ensure the demonstration is completed in a timely manner, All funds must be spent, and, the demonstration completed by November 15, 2023; no extensions will be granted, For additional questions or information, please contact Sam Pedersen.- sl) ede rsen (cr.,,',sgvco --orlo. I Congratulations. r Marisa Creter Executive Director San Gabriel Valley Council of Governments SLITI GAII-Wt VdlCV COLMCil 01'60MIMIC11tS 1000 S011111 FIVMOMAVCFILIC. Unit, !142 4 Alhambra, California 91803 WARRANT NUMBER k T k k 5 7 4- THE TREASURER OF THE STATE WILL PAY OUT OF THE FUND NO- FUND NAME IDENTIFICATION NO. 0 FISCAL L T 0000011680 0 0 0 MO.: DAY i YR. 90-1342/1211 11 I O ' 023 65781 147 DOLLARS ,'CENTS CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK CA 91706-22 CALIFORNIA STATE CONTROLLER DETACH ON DOTTED LINE KEEP THIS PORTION FOR YOUR RECORDS ISSUEDATE: 11/08/2023 OEPT OF PARKS & RECREATION PO BOX 942896 SACRAME TO CA 94296 FOR QUESTIONS CONTACT ACCOUNTING DEPARTMENT AT 916/653-5603 VENDOR NAME VENDOR I' -------------------------------------------------------------- CITY OF BALDWIN PARK 0000011680 VOUCHER ID INVOICE ID PO ID -------------------------------------------------------------- 00398620 19070-0 00000310.8 AMOUNT PAID RECEIVED -------------------------------_------------------------------- 1625735. 00 NOV 1112021: PAYMENT MESSAGE FINANCE -------------------------------------------------------------- ADDITIO AL PAYMENT MESSAGE-------------------------------------------------------------- 05054 2; PROJECT SG-19-070 2OCA O State of Cal ifornia - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION G ALI RANT PAYMENT REQUEST FORM See Instructions on DPR 212A for this series of forms. 1. PROJECT NUMBER 2. CONTRACT NUMBER OGALS U; I I I mr%.0 SG-19-070 C5054012 &GRANTEE City of Baldwin Park 4. PROJECT NAME Zocalo 5. TYPE OF PAYMENT ADVANCE FJ1 REIMBURSEMENT FINAL a. Grant Project Amount b. Funds Requested to Date c, Available (a. minus b.) d. AMOUNT OF THIS REQUEST e. Remaining After This Payment (c. minus d) ENCY NAME City Of Baldwin Park BEET ADDRESS 14403 E Pacific Ave 5-MR, FIWW��� $ 6,000,000 $ 6,000,000 $ 1,625,735 $ 4,374,265 certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State f California, that this report and any accompanying documents for the above -mentioned Grant are true and correct to the best of my knowledge. NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE Enrique C. Zaldivar CEO/City Manager SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION DATE 10, 08/17/2023 10, DPR 212 (Rev. 10/2022)(101412022) $tap¢0 Cantrya•t#'t-1 Rzsowu,.. Av¢� y DEPARTMENT OF PARKS AND a.ECREAMA Project Name: 2ocalo Project Number. SG•19.076_... Warrant J (Date (2) ko-elpbmt m Scope Item Description (4) Pre -Acquisition/ Acquisition Check f1 Construction andfor (9) Amount (5) I Construction or Program Amount (61 235687 0311512022 LA CANADA DESIGN GROUP INC DESIGN SERVICES $3,712A() 236097 0411612022 LA CANADA DESIGN GROUP INC DESIGN SERVICES $94,780.29 236402 0510912022 LA CANADA DESIGN GROUP INc DESIGN SERVICES $109862.31' 236774 0611312022 LA CANADA DESIGN GROUP INC DESIGN SERVICES $28,124.60 236792 0611312022 RKA CONSULTING GROUP PLAN CHECK $5,320.00 6$78 23 0612012022 GEOTEGHNOLOGIES INC GEOTECHNICAL INSTI VEGATION $2,500.00 237837 06)3012022 ULTRASYSTEMS ENVIRONMENTAL, INC CEQA DOCUMENTATION SERVICES $26,823150 238187 0613012022 DAVID EVANS AND ASSOCIATES INC. PLAN CHECK $1,040.00 238330 09/2712022 CALIFORNIA NEWSPAPERS PARTNERSHIP 912112022: NOTICE FOR BIDS NOTICE 1,234.69 238330 0912712022 CALIFORNIA NEWSPAPERS PARTNERSHIP 912812022: NOTICE FOR BIDS NOTICE $1,234.09 239252 1210512022 ULTRASYSTEMS ENVIRONMENTAL, INC CEQA DOCUMENTATION SERVICES $16,234,70 239359 1211912022 DAVID EVANS AND ASSOCIATES INC. LANGHECK . m $219,00 239359 11211912022 DAVID EVANS AND ASSOCIATES INC. PLAN CHECK $868.50 239331 --m 11212012022 RKA CONSULTING GROUP PLAN CHECK $455.00 239648 0111012023 LA CANADA DESIGN GROUP INC DESIGN SERVICES $936.56 23964$ 011114112023 LA CANADA DESIGN GROUP INC DESIGN SERVICES $30,129.50.. 239648 0111812023 LA CANADA DESIGN GROUP INC DESIGN SERVICES $8318.00 239670 0112312023 RKA CONSULTING GROUP PLAN CHECK $3,290.00 240328 0310712023 LA CANADA DESIGN GROUP INC DESIGN SERVICES $9,320.00 240328 0310712023 LA CANADA DESIGN GROUP INC DESIGN SERVICES ..�.. $3,271.00 239830 01130IAT_12023 CAL LAND ENGINEERING & ASSOCES_ LAND SURVEYING SERVICES $7,500.00 239762 0113012023 PCN3, INC. CONSTRUCTION CONTRACT ---_ $238,450.00 240248 03/0612023 RKA CONSULTING GROUP PLAN CHECK SERVICES $70.00 240328 0310712023 LA CANADA DESIGN GROUP I N G DESIGN SERVICES $574.00 240242 0310712023 PCN3, INC. CONSTRUCTION CONTRACT $287,137.50 240328 _ 0310812023 LA CANADA DESIGN GROUP INC — DESIGN SERVICES $2,065.00 240328 03/0812023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $5,516.00 240347 0311412023 PCN3, INC. CONSTRUCTION CONTRACT $211,707,50 240690 0410312023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $11,032,00 240690 0410312023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $11,032.00 240690 0410312023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $15,444.80 240905 0411712023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $12,135.20 240881 LA 0411712023 CAL ND ENGINEERING & ASSOCIATES LAND SURVEYING SERVICES .,_ $3,500.00 241043 0510212023 PCN3, INC. CONSTRUCTION CONTRACT $131,318.59 241170 0511012023 ULTRASYSTEMS ENVIRONMENTAL, INC CEQA DOCUMENTATION SERVICES $2,311.80 241222 05)1612023 LA CANADA DESIGN GROUP ING CONSTRUCTION ADMINISTRATION $12,135.20 241733 0611912023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION $16,076.70 241$41 0612612023 PCN3, INC. CONSTRUCTION CONTRACT $280,297.50 241641 06126)2023 PCN3, INC. CONSTRUCTION CONTRACT $14,752.50 241921 0613012023 RKA CONSULTING GROUP PLAN CHECK SERVICES $350.00 242131 0613012023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION ...,_ $12,135.20 242144 0613012023 RKA CONSULTING GROUP PLAN CHECK SERVICES $2,520.00 Subtotal (5) $347,673.94 Subtotal (6) $1,278,061.49 Grand Total (5) + (6) $1,625,735.43 mx (7) For Match or Reimbursement Rates, choose appropriate choice from dropdown. 4- Enter exact percentage of MatchlReirnbursentent Rate $0.00 Amount of Request $1,625,735.43 List only ELIGIBLE COSTS charged to the GRANT. Column (11 Electronic payment numbers/electronic funds transfer numbers in the `WarranllCheak Number" column are acceptable. Include an `EP" next to the electronic oavment numbers/electronic funds transfer numbers. If IN-HOUSE EMPLOYEE SERVICES or GRANTEE'S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number. Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual flours worked, and one sample limesheet. Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services andlor materials. Column (4) SCOPE item related to the expenditure and a brief description„ such as "playground design," "community center permits; 'walkway materials," "sports field construction." Column (5) PRE -CONSTRUCTION costs eligible for up to 25% of the GRANT. For development projects only. Column (6) DEVELOPMENT, ACQUISITION, or PROGRAM costs eligible for up to 100% of GRANT. Column (7) $1 match is required, use drop down to choose Reimbursement Rate or Match Rate and enter the percentage applicable for your project in the field to the right. If match is not required, leave both percentage field and drop -down blank. Dire 212e (Re, T2023)(VM023) III REMITTANCE ADVICE Vendor -ID Page: 1 10-65*23 STATE OF CAUFORNIA DOF STD. 404C (REV. 4-95) THE ENCLOSED WARRANT IS IN PAYMENT OF THE INVOICES SHOWN BELOW DEPARTMENT NAME ORG,CODE INVOICE DATE INVOICE NUMBER .:INVOICE AMOUNT RPI Department of Transportation - 2660 09/28/23 085323028 DEPARTMENT ADDRESS CLAIM SCHEDULE NO. $4,100.00 Sacramento CA 95814 24DI741 VENDOR CITY OF BALDWIN PARICI 14403 EAST PACIFIC E 7 BALDWIN PARIC, CA 91706 us TAX YEAR TOTAL REPORTED TO IRS RECEIVED OCT 2 3 2023 FINANCE 0-TATZ Mup r34wupMMpJuA05-'q vwaaKlsselq-, 255750 FUND NO. FUND NAME THE TREASURER OF THE STATE WILL PAY OUT OF THE 0048 TRANSPORTATION REV A IDENTIFICATION NO. MO. I DAY I YR, 2660 10:16-'2023 90-134211211 05255750 TO: DO ENTS: 255750 CITY 0 F BALDWIN PARK MALIA M. COHEN CALIFORNIA STATE CONTROLLER 1*�121113423120 0S2SS?S0?lIw V17 J, 1- ni 7� STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION LOCAL AGENCY INVOICE LAPM 5-A (REV 0812020) SECTION 1: INVOICE Local Agency Name Remittance Address Tax ID City of Baldwin Park 14403 E. Pacific Avenue 95-6005574 Baldwin Park, CA 91706 Date Callans District Fe—derallState Proj. No. Advantage �ij!:!i::1 [I Invoice No. billing No. Final inactive s District Invoice Project Los PL� uli''�!'121i::i LD7os�Angeles rHPLUL-5323(02., 0700021292 HPLUL-5323(028) 8 n El Project Description Maine Avenue at Ramona Blvd - Road Improvements including pedestrian crosswalks, raised center median, street lighting, road resurfacing, striping and signage. Fund Authorized Types}:Z Federal Phase(s): E] PA&ED E] R[W X CE E] NI F State Z PE n R/W Util [-] CON E] FA E] E&P ❑ RAN Eng PS&E E] R/W Acq Preliminary Construction Total Engineering Engineering Federal Appropriation Code HY10ILY10 HY110ILY10 N g, o Participating (E-76 Auth. Date) From: 05101/17 02/10123 -76�� — T� Participating Cost To: 10/22/18 12131/9-,; Total Indirect Cost to Date: $ 0.00 $ 0.00 $ 0.00 Total Direct Cost to Date: $ 65,466.02 $ 4,100.00 $ 69,566.02 Total Cost to Date: $ 0 Mbd 69,566.02 Less: Non -Participating Cost $ 0.00 $ 0.00 $ 0.00 Other $ 0.00 $ 0.00 $ 0.00 Other $ 0.00 $ 0.00 $ 0.00 Other $ 0.00 $ 0.00 $ 0.00 Total Participating g Cost to Date: $ 4"160.00 $ 69,' , 560-02 Less: Participating Cost not Reimbursed 0,00 $ acio $ 0.00 (Local Funds) Total Participating Cost: 5466.02 6' $4,,1,00,00 -69,566,02 Federal Reimbursement Ratio: 100% 100% Reimbursable Amount to Date: 05,466402 $ 4,40-00 $ 69,5KQ� Less: Cumulative Amount Paid on All 65,466,02 $ 0.00 $ 65,46&02 Previous Invoices Reimbursable Participating Cost: 0.00 $ '4,1 Obl.'00, A `IDG.00 Less: State Withheld Retention $ $ 0.00 Amount Exceeding Authorized Fund $ $ $ 0,00 Other $ $ U0 Amount of This Claim: 4,10100 TOTAL INVOICE AMOUNT: $ 4,10U0 Refer to your Finance Letter Authorized Federal Fund Amount 1 $ 65,466.021$ 204,503.981$ 269,970.00 -ess: Cumulative Amount Paid on All Previous Invoices Funds Remaining Prior to this Claim ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION [1Beset =Form LOCAL AGENCY INVOICE LAPM 5-A (REV 0812020) Billing No: 8 SECTION 2: INDIRECT COST CALCULATION Indirect Cost; Phase FY Office[Department Direct Coal Base Expense Approved indirect Subtotal Cost Rate $ $ 7= 1 % —A CERTIFICATION By signing this invoice, all local agency signatories certify to the best of my/our knowledge and belief that the invoice is true, complete, and accurate. The expenditures, disbursement, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal/State award. l/we are aware of any false, fictitious, fraudulent information, or the omission of any material fact may subject me/us to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Section 3729-37aO and 3801-3812). Iiwe certify that the cost claimed follow pertinent and applicable guidelines and all Federal/State regulations. All consultant and contractor agreements have been reviewed and approved in accordance with LAPM Chapter 10 Consultant Selection and Chapter 16 Administer Construction Contracts. Uwe understand that Caltrans may review this invoice and su rt documentation for reasonableness at this time and that all invoices related documentation is subject to future detailed review by the Federal Highwardministration and/or Caltrans. Agency For questions regarding this invoice, please contact: Phone Number E-mail )9 01 1 T(626) 960-4011 x1 22 labdullah(�@�baldlAwinpark.com Contact Name Title Phone Number E-mail Lena Abdullah � Management Analyst Comments STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Reset Forrn' LOCAL AGENCY INVOICE LAPM 5-A (REV 0812020) Billing No: 8 SECTION 3: BILLING SUMMARY FederallState Project No. HPLUL-5323(028) Work Performed (Dates) Vendor Receipt/ Total Direct Cost Less Non- Total Participating Description Invoice Number Participating Cost Cost (e.g, (current invoice (current invoice (current invoice Staff Time, Consultants, etc.) From To (if applicable) period only) period only) period only)_ $0,00 '10�00 $'0'00 $0.00 Work Performed (Dates) Vendor Receipt! Description Total Direct Cost Less Nan- Participating',, Total Participating cost (e.g., Staff Time, Consultants, etc.) From Invoice Number To(if applicable) (current invoice Period only) (current invoice period only) (current invoice period only) Evan Brooks Associates, Inc 04/01/2023 10413012023 23005-12 $4,100.00 $4,100.00 Total Participating Cost (all phases): Note: The Billing Summary must accompany all Local Agency invoices. Expenditures prior to authorization are not eligible for reimbursement. Each line needs to be detailed enough to verify the accuracy of the charge. Consultant charges need to be itemized similar to the agency charges. Comments STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Reset Form LOCAL AGENCY INVOICE LAPM 5-A (REV 0812020) Billing No: 8 SECTION 4: CHECKLIST Local Agency Name: City of Baldwin Park Billing No: 8 — Federal /State Project No: HPLUL-5323(028)_, I Executed Program Supplement Agreement (PSA) on file with Local Agency. 2 Submittal of one signed original and one copy of completed Local Agency Invoice (LAPM 5-A) which includes Section 1: Invoice, Section 2: Indirect Cost Calculation, Section 3: Billing Summary (submit contractor pay estimate for construction invoices), and Section 4: Checklist. 3 Reimbursable work claimed is after E-76 (Federal Authorization to Proceed) date and/or California Transportation Commission (CTC) State Allocation date. 4 Work performed is prior to any lapsing I expiring funds. • Check Finance Letter Reversion Date (Federal) Verify Cooperative Work Agreement Approval (Federal / State) CTC State Allocation Letter Fund Expiration Deadline (State) 5 Invoice is consistent with current approved Finance Letter. • Phases of Work Fund Types (e.g., CMAQ, RSTP, etc.) Reimbursement Ratios Available Balance of Federal I State Funds Cost incurred prior to authorized Agreement End Date (AED) 6 Invoiced amount shall be greater than 2% of the total Federal and/or State funds or $1,000, whichever is greater, unless authorized by District Local Assistance Engineer (DLAE) to prevent inactivity, 7 Percentage of work complete is consistent with total Federal / State funds invoiced (Le., project should not be 80% expended if only 20% complete). 8 Remaining balance should not be less than Caltrans, required retention ($40,000 or 2% of the Federal I State funds, whichever is greater). 9A All consultant agreements / amendments must follow the Caltrans procurement and oversight processes outlined in Local Assistance Procedures Manual Chapter 10. The following Exhibits'must be sent to and received by the appropriate entities prior -to invoicing: • Submit Exhibit I O-C to Division of Local Assistance HO — Office of Guidance and Oversight • Submit Exhibits 10-01 and 10-02 to DLAE Submit Exhibit 10-K to Independent Office of Audits and Investigations Local agency Caltrans Frequency Confirm NIA Concur All Invoices All Invoices El All Invoices CK M-A All Invoices All Invoices prior to Final Invoice All Invoices E] All First Consultant El Invoices First Federal El Consultant Contracts All Consultant El Contracts > $150K 98 • Submit copy of executed contract to the DLAE within 30 days of contract award or All First Consultant F1 concurrently with first invoice, whichever is earlier. Invoices • For on -call contracts, submit copy of issued task order and Exhibit 10-02 for the task order. El 10 Verification of Project Award: Attach LAPM Exhibit 15-L (Federal projects), LAPG Exhibit 22- First Construction El A (State ATP projects), and/or LAPM Exhibit 23-A (STIP projects), Invoice 11 Sjco �ractor pay '6stimatAi/illIng Summary. Construction Invoices E] N a 09/2812023 Samuel Gutierrez, Director of Public Works am Date Print Name and Title of Caltrans District Reviewer Date Print Name/Title/Phone Number FE Hub oftbe San Gabzel Tr'alley City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 813-5255 Fax. (626) 962-2625 www.bal.dwinpark.com TO: L.A.C.M.T.A. Accounts Payable One Gateway Plz.-MS 99-4-3 Los Angeles, CA 90012-2952 (213) 922-2864 INVOICE INVOICE NO: F3507-1 DATE: 8/21 /2023 ATTN:: Maressa Sah Sent Via E-mail: sahm@metro.net accountspayable@metro. JOB PAYMENT TERMS F3507 South Baldwin Park Communter Bikeway Project Due on receipt DESCRIPTION TOTAL LACTA FA #FAP00F3507 See attached Quarterly Report/Progress Report for more info Total Expenditure this quarter. $ 169,462.25 Less City Local Match (41 %) $ 69,479.52 LACMTA Grant Expenditure (59%) $ 99,982,73 Less Retention (10%) $ (9,998.27) Pleasereference City Grant Fund Revenue Account #270-50-520-58100-15538 Please reference City Local Match Account #243-50-520-58100-15538 #245-50-520-58100-15538 TOTAL NET INVOICE AMOUNT DUE $ 8,984.45 Make all checks payable to the "CITY OF BALDWIN PARK" THANK YOU GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO ACCOUNTSPAYABLEL&METRO.NET or submit by mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, California 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information. Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Grant Local Match (Incl. Local Match Total In -Kind) $ 99,982.73 $ 69,479.52 41 % $ 169,462.25 7Thisuarter Expenditure Retention Amount $ 9,998.27 $ - 0% $ 9,998.27 Net Invoice Amount (Less $ 89 984.45 $ 69,479.52 41 % $ 159,463.98 Retention) $ 169,462.25 Funds Expended to Date $ 99,982.73 $ 69,479.52 o 41 /o (Include this Quarter) Total Project Budget $ 483,728.02 $ 336,149.98 41 % $ 819,878.00 % of Project Budget 21 % 21 % 21 % 21 % Expended to Date Balance Remaining $ 383,745.29 $ 266,670.46 20% $ 650,415.75 Rev: 06.26.19 1 FA Prop C Attachment C-1 Quarterly Report PROJECT TITLE: F3507-SOUTH BALDWIN PARK COMMUTER BIKEWAY PROJECT FA #: FA.POOF3507 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: r-]2015-2016 2016-2017 r-]2017-2018 r-]2018-2019 2019-2020 r-]2020-2021 F-]2021-2022 FX-] 2022-2023 F-]2023-2024 Quarter F-]Ql: Jul - Sep F-1 Q2: Oct -Dec [X]Q3: Jan - Mar F_� Q4: Apr - Jun DATE SUBMITTED: 8/21/2023 LACMTA MODAL CATEGORY: F-] RSTI F_]TDM F-]Transit F-] Pedestrian ❑ Signal Synchronization F91 Bicycle F-] Goods Movement Name: Maressa Sah LACIVITA Project Manager Phone Number: (213) 547-4254 E-mail: sahm@mero.net Project Sponsor Contact / Project Manager Contact Name: Sam Gutierrez Job Title: Director of Public Works Department: Public Works City / Agency: Baldwin Park Mailing Address: 14403 E. Pacific Ave Phone Number: 626-960-4011 Ext. 460 E-mail: rnm Rev: 06.26.19 2 FA Prop C Attachment C-1 Quarterly Report List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date Environmental Clearance Jan. 2014 Feb. 2014 7/19/2016 Design Bid & Award Dec. 2013 Feb. 2014 N/A N/A Design Apr. 2014 Aug. 2014 4/4/2016 3/1/2022 Right -of -Way Acquisition N/A N/A Construction Bid & Award Aug. 2014 Sept. 2014 4/1/2022 6/1/2022 Ground Breaking Event 9/29/2022 9/29/2022 Construction Oct. 2014 Jun. 2015 10/1/2022 7/30/2023 Project Close Out Jul. 2015 Aug. 2015 8/1/2023 8/30/2023 Total Project Duration (Months) 1 20 50 A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) : [—]On schedule per original FA schedule Between 12-24 months behind original schedule Less than 12 months behind original schedule XMore than 24 months behind original schedule B. Was the project design started within 6 months of the date originally stated in the FA? Yes Q No Not Applicable C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications? Yes Q No Not Applicable Rev: 06.26.19 3 FA Prop C Attachment C-1 Quarterly Report List tasks or milestones accomplished and progress made this quarter. Notice of Exemption of CEQA requirements were recorded in June 2016 deeming this project Categorical Exempt. Plans were submitted to Los Angeles County Flood Control District (LACFCD) on January 25, 2018. After multiple reviews the City enlisted the services of a design engineer to manage the coordination of various 3rd parties, such as LACFCD, Caltrans, the United States Army Corps of Engineers (USACE), Department of Water and Power, Southern California Edison, and Geotechnical and Pavement Investigation. On January 29, 2020, LACFCD cleared the project to be submitted to USACE. Design was deemed completed in March 2022. Project was advertised and awarded for construction on June 1, 2022. The USACE issued the 408 permit on June 14, 2022. The city executed a new Use Agreement with LACFCD for the project on September 19, 2022. The Use Agreement was finalized by Los Angeles County in December 2022 and a permit was issued on February 20, 2023. The groundbreaking ceremony was held on September 2022 and construction is currently in progress. If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter". The City dealt with significant third -party delays from various sources but, particularly with the USACE and LACFCD, in finalizing the permits for this project. It was a lengthy process to get the 408 permit from USACE which was needed before the Use Agreement with LACFCD could be executed. The submission to USACE was just before the height of the COVID 19 pandemic, which added additional delays as all agencies struggled to develop and implement new methods of completing reviews. If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay. Delays were largely due to third party permitting and executing use agreements. Staff was diligent about following up and ensuring additional items and corrections were submitted in a timely matter. Since the issuance of permits and execution on the Use Agreement the project has meet milestones and is estimated to be completed in the Fall of 2023. Rev: 06.26.19 4 FA Prop C Attachment C-1 Quarterly Report All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B. Scone of Work. Use additional oaaes if needed. ITEM .. . TOTAL EXPENSES INICOCE,# CHARGES t CHARGE[)=itJ LA+C TA GRANT $,CF1At2GECt <Tt? Lt) AL MATCH 1 Design Services, AAE 209805 $ 10,651.00 $ 10,651.00 2 Design Services, AAE 209805 $ 5,325.50 $ 5,325.50 3 Design Services, AAE 214654 $ 5,553.60 $ 5,553.60 4 Design Services, AAE 214654 $ 5,836.90 $ 5,836.90 5 Design Services, AAE 215056 4,135.80 $ 4,135.80 6 Design Services, AAE 215334 $ 1,719.00 $ 1,719.00 7 Design Services, AAE 215771 $ 6,670.20 $ 6,670.20 a Design Services, AAE 215771 $ 925.60 $ 925.60 9. Design Services, AAE 216282 $ 1,751.60 $ 1,751.60 10 Design Services, AAE 216282 $ 1,851.20 $ 1,851.20 11 Design Services, AAE 217642 1,160.80 $ 1,160.80 12 Design Services, AAE 218760 $ 1,146.80 $ 1,146.80 13 Design Services, AAE 219886 $ 1,011.30 $ 1,01,1.30 14 Design Services, AAE 220391 $ 1,011.30 $ 1,011.30 15 Design Services, AAE 221041 2,880.00 $ 2,880.00 16 Design Services, AAE 221276 $ 5,440.00 $ 5,440.00 17 Design Services, AAE 221791 $ 1,680.00 $ 1,680.00 18 Design Services, AAE 221791 $ 2,800.00 $ 2,800.00 19 Design Services, AAE 222790 $ 11,112.00 $11,112.00 20 Design Services, AAE 222829 $ 4,640.00 $ 4,640.00 21 Design Services, AAE 223315 4,000.00 $ 4,000.00 22 Design Services, AAE 223315 $ 12,160.00 $ 12,160.00 23 Design Services, AAE 223449 $ 4,920.00 $ 4,920.00 24 Design Services, AAE 224027 $ 1,600.00 $ 1,600.00 25 Design Services, AAE 224203 3,520.00 $ 3,520.©0 26 Ian Check -LA Public Work 227188 $ 1,500.42 $ 1,500.42 27 Ian Check -LA Public Work 227581 $ 1,128.00 $ 1,128.00 28 Ilan Check -LA Public Work 228531 $ 978.38 $ 978.38 29 Ilan Check -LA Public Work 231343 807.7 $ 807.37 3o Ilan Check -LA Public Work 231343 $ 2,283.03 $ 2,2 33,03 31 Ian Check -LA Public Work 218263 10,000.00 $ 10,000.00 32 Permit, SoCal Edison 219579 $ 12,000.00 $ 12,000.00 33 Design Services, AAE 220119 $ 3,600.00 $ 3,600.00 34 Design Services, AAE 220391 $ 2,400.00 $ 2,400 000 35 Design Services, AAE 220897 $ 1,011.30 $ 1,011.30 36 Design Services, AAE 221385 $ 875.80 $ 875.80 37 Design Services, AAE 221+948 875.80 $ 875.80 38 Design Services, AAE 222088 $ 875.80 $ 875.8011 Rev: 06.26.19 5 FA Prop C Attachment C-1 Quarterly Report 39 Design Services, AAE 222621 $ 1,011.0 $ 1,01"1.30 4o Design Services, AAE 222790 $ 1,086.40 $ 1,086.40 41 Design Services, AAE 223449 2,135.00 $ 2,135.00 42 Design Services, AAE 223735 $ 1,461.00 $ 1,461.00 43 Design Services, AAE 224027 1,490.5 $ 1,490.25 44 Design Services, AAE 224435 $ 3,308.75 $ 3,308.75 45 Design Services, AAE 224841 $ 3,379.00 $ 3,379.00 46 Design Services, AAE 225528 $ 1,230.50 $ 1,230 050 47 Design Services, AAE 226248 1,099.75 $ 1,099.75 48 Design Services, AAE 230227 $ 1,252.00 $ 1,252.00 49 Design Services, AAE 234021 584.40 $ 584.40 5o Ca Newpaper Partners 236319 $ 2,188.40 $ 2,188.40 51 nspection, LA Public WorkI 237984 $ 7,397.00 $ 7,397.00 Total ' $ 169,462.25 $ 99,982.60 $ 69,479.65 Rev: 06.26.19 6 FA Prop C Attachment C-1 Quarterly Report Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-610-/ ACH Request Forms can be found at www.metro.net/califorprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that I am the responsible Project Manager or fiscal officer and representative of The City of Baldwin Park and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Sam Gutierrez Name 8/21 /2023 Date Director of Public Works Title Rev: 06.26.19 7 FA Prop C Attachment C-1 Quarterly Report # • • 1. PROJECT NUMBER 2. CONTRACT NUMBER OGALS USE ONLY OGALS USE ONLY OGALS USE ONLY PO# INV# PO Initials -1 C5054099 3.GRANTEE City a in Park 4. PROJECT NAME Barnesr Expansion 5. TYPE OF PAYMENT ❑ ADVANCE REIMBURSEMENT FINAL 6. PAYMENT INFORMATI (Round all figures to the nearest dollar) a. Grant Project Amount $ 3,090,000 b. Funds Requested to Date $ C. Available (a. minus Via.) $ 3,090,000 d, AMOUNT AFT THIS E T $ 162,750 e. Remaining After This Payment (c. minus d) $ 2,927,250 7". SEND PAYMENT T AGENCY NAME City Of Baldwin Park STREET ADDRESS 103 E Pacific Ave. CITYESTATEEZIP Baldwin Park, CA 91706 ATTENTION Accounts Receivable 8. CERTIFICATION: I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report and any accompanying documents for the above -mentioned Grant are true and correct to the best of my knowledge. NAME OF PERSO THORIZE RESOLUTION TITLE Man Carrillo Jr.I Director of Rec & Comm Service SIGN OF RSON AUTHORIZED IN RESOLUTION LATE � . li'\DEPARTMENT OF PARKS AND L PAYMENT A IDATE State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT EXPENDITURE FORM Project Name: Barnes Park Expansion Project Number: SW-19-082 Warrant / Check # (1) Date (2) Recipient (3) Scope Item Description (4) Pre -Acquisition/ Acquisition Construction and/or Amount (5) Construction or Program Amount (6) 236869 06/20/2022 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE $24,300.00 ARCHITECTS INC ARCHITECTURAL DESIGN 237394 06/30/2022 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE $81,000.00 ARCHITECTS INC ARCHITECTURAL DESIGN 237394 06/30/2022 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE $16,230.00 ARCHITECTS INC ARCHITECTURAL DESIGN 238702 10/25/2022 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE $8,100.00 ARCHITECTS INC ARCHITECTURAL DESIGN 239031 11/16/2022 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE ARCHITECTURAL THRU OCT $16,200.00 ARCHITECTS INC 2022 239368 12/19/2022 FRONTIER COMMUNICATIONS REMOVE POLE & AERIAL FACILITIES, PLACE NEW POLE $750.00 241325 5/22/2023 DAVID VOLZ DESIGN LANDSCAPE PROFESSIONAL LANDSCAPE $16,170.00 ARCHITECTS INC ARCHITECTURAL DESIGN Subtotal (5) $162,750.00 Subtotal (6) $0.00 Grand Total (5) + (6) $162,750.00 4, (7) For Match or Reimbursement Rates, choose appropriate choice from dropdown. E- Enter exact percentage of Match/Reimbursement Rate $0.00 Amount of Request $162,750.00 List only ELIGIBLE COSTS charged to the GRANT. Column (1) Electronic pavment numbers/electronic funds transfer numbers in the "Warrant/Check Number" column are acceptable. Include an "EP" next to the electronic payment numbers/electronic funds transfer numbers. If IN-HOUSE EMPLOYEE SERVICES or GRANTEE'S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number. Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and one sample timesheet. Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials. Column (4) SCOPE item related to the expenditure and a brief description, such as "playground design," "community center permits," "walkway materials," "sports field construction." Column (5) PRE -CONSTRUCTION costs eligible for up to 25% of the GRANT. For development projects only. Column (6) DEVELOPMENT, ACQUISITION, or PROGRAM costs eligible for up to 1009/o of GRANT. Column (7) If match is required, use drop down to choose Reimbursement Rate or Match Rate and enter the percentage applicable for your project in the field to the right. If match is not required, leave both percentage field and drop -down blank. DPR 212E (Rev. 1/2023)(1/19/2023) ITEM NO. 7 �L�� TO: Honorable Mayor and Members of the City Council HI�B of - � FROM: Sam Gutierrez, Director of Public Works sn 'EL PREPARED BY: Lena Abdullah, Management Analyst �,ATW DATE: February 7, 2024 SUBJECT: Approve Amendment No. 4 to Funding Agreement No. F3507 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the South Baldwin Park Commuter Bikeway Project SUMMARY This report is requesting City Council approval and authorization to execute Amendment No. 4 to Funding Agreement (FA) No. FA.POOF3507 (F3507) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the South Baldwin Park Commuter Bikeway Project (Project). Amendment No. 4 will extend the lapsing date of the funds to February 24, 2024, and update the project schedule. RECOMMENDATION It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 4 to the FA with the LACMTA. FISCAL IMPACT This grant is front funded by the General Fund Reserve on a reimbursement basis. To date, the city has expended the total Grant amount of $483,728.00 of which $89,984.34 has been submitted for reimbursement. A total amount of $393,743.66 remains to be requested for reimbursement. Approval of this Amendment will ensure the City remains eligible to request reimbursements for this grant until February 24, 2024. BACKGROUND As part of the 2009 Call for Projects, Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I shared -use bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing to Baldwin Park Boulevard. The proposed commuter bikeway path traverses' jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD) and The California Department of Transportation (Caltrans) and other agencies. On November 14, 2013, the city entered into Funding Agreement No. F3507 with LACTMTA to provide funding for the South Baldwin Park Commuter Bikeway Project. The preparation of plans and specifications, obtaining required permits, agreements from various agencies took over 4 years. On October 24, 2016, Amendment No. 1 to the Funding Agreement was entered into that extended the lapsing date of the Project to June 30, 2017. Page 1 / 2 On October 13, 2017, Amendment No. 2 to the Funding Agreement was entered into that extended the lapsing date of the Project to February 28, 2019, as well as revise the Project Schedule to account for unforeseen delays. In January 2019, the final plans and specifications were completed and submitted to third parties such as the Los Angeles County Flood Control District, Caltrans, and Army Corps of Engineers. On October 1, 2019, Amendment No. 3 to the Funding Agreement was entered into that extended the lapsing date to June 30, 2022. On June 1, 2022, the City Council accepted the plans and specifications and authorized the award of contract to All American Asphalt Company as well as the award for construction management and inspection services to Infrastructure Engineers. Other unforeseen circumstances delayed the start of construction, however All American Asphalt Company began construction in January 2023. DISCUSSION The project was substantially completed in September 2023, and on November 1, 2023, City Council authorized the filing of a Notice of Completion for the paving and striping of the bikeway. City Staff has been working with LACTMA since September 2022 to complete this Amendment, however changes to the Project Manager and other staff changes at LACTMA have cause significant delays. City Staff submitted a reimbursement request of $89,984.34 on September 21, 2023 for funds expended to LACTMA, but disbursement has been delayed until such time that Amendment No. 4 is approved and executed. A second and final request for the remaining amount of $393,743.66 is currently in process and will be submitted to LACTMA once this Amendment is executed. ALTERNATIVES Not approve Amendment No. 4 to funding agreement. This action is not recommended as the City may forfeit its ability to seek additional reimbursements from this grant. 2. Provide Staff with alternative direction. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Executed Funding Agreement F3507 with LACMTA 2. Amendment No. 1 to Funding Agreement F3507 3. Amendment No. 2 to Funding Agreement F3507 4. Amendment No. 3 to Funding Agreement F3507 5. Proposed Amendment No. 4 to Funding Agreement F3507 Page 2 / 2 FTIP#: LAF3507 CFP# F3507 PPNO (If applicable) FA.POOF3507 PART I SPECIFIC TERMS OF THE AGREEMENT 1. Title of the Project (the "Project"). South Baldwin Park Commuter Bikeway Project. LACMTA Call for Projects ID# F3507, FTIP # LAF3507. 2. To the extent the Funds are available, LACMTA shall make to Grantee a one-time grant of the Local Transportation Funds in the amount of $483,728 (the "Funds") for the Project in accordance with the terms of this Agreement. LACMTA Board of Directors' action of September 24, 2009, granted the Funds to Grantee for the Project. The Funds are programmed over two years, Fiscal Years (FY) 2013-14 and 2014-15. LACMTA Board of Directors' action approved funds for FY 2013-14 only in the amount of $18,788. LACMTA Board action will be . required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being allocated to Grantee. 3 The "Project Funding" documents all sources offends programmed for the Project as approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed budget for the Project, including the Funds granted by LACMTA and Grantee's local match requirement (the "Grantee Funding Commitment"). The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. 4. Grantee shall complete the Project as described in the "Scope of Work." The Scope of Work for the Project is attached to this Agreement as Attachment B. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by Grantee including, without limitation, Project milestones consistent with the lapsing policy, and a set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a Grantee is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this Agreement for default as described in Part II, Section 9. S. Eligible Project expenses are defined in the Reporting and Expenditure Guidelines (Attachment C). The form of the Quarterly Progress/Expenditure Report is attached as Attachment C-1. LACMTA will withhold ten percent (10%) of eligible expenditures per invoice as retainage pending an audit of expenditures and completion of the Scope of Work. G. The "FTIP PROJECT SHEET (PDF)" is attached as Attachment D and is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgamMetro FTIP database under the reports section at https: //program.metro.net. All projects that receive funding through the LACMTA Call for Projects must be programmed into the FTIP which includes locally funded regionally significant projects for information and air quality modeling purposes. Grantee shall review the Project in ProgramMetro each year and update or correct the Project as necessary during a scheduled FTIP amendment or adoption to be consistent with the terms of this Agreement, as amended from time to time. Grantee will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after Grantee is aware of any changes to the Project, but no later than October 1 of the Rev: 02.05.13 3 Funding Agreement LTF FTIP#: LAF3507 CFP# F3507 PPNO (If applicable) FA.POOF3507 Grantee's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed. LACMTA shall review and approve any changes Grantee makes to the FTIP prior to incorporating such changes in to the TIP. 7. Amendments to this Agreement shall be in writing executed by the parties. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the lapse date of the Funds shall be allowed without a written amendment to this Agreement, approved and signed by the LACMTA Chief .Executive Officer or his/her designee and Grantee. 8. Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered upon receipt by the correct address by United States mail, postage prepaid, certified or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows: LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Alice Tolar; Mail Stop 99-22-06 Email: tolara@metro.net Grantee's Address: City of Baldwin Park 14403 East pacific Avenue Vijay Singhal Email: vsinghal@baldwinpark.corn Rev: 02.05.13 4 Funding Agreement LTF FTIP#: LAF3507 CFP# F'3507 PPNO (If applicable) FA.POOF3507 PART II GENERAL TERMS OF THE AGREEMENT TERM: 1.1 The term of this Agreement shall commence on the date this Agreement is fully executed and, shall expire upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to Grantee. The parties understand and agree there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement. 1.2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTA may terminate this Agreement by giving written notice to Grantee at least thirty (30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LACMTA will not reimburse Grantee any costs incurred after the effective date of such termination, except those necessary to return any facilities modified by the Project's construction to a safe state. LACMTA's share of these costs will be in equal proportion of the grant to Grantee Funding Commitment ratio. 2. INVOICE BY GRANTEE: Unless otherwise stated in this Agreement, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses and Project progress as described in Part II, Section 4.1 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTA invoicing requirements. Send invoice with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# F3507 and FA# FA.POOF3507 Alice Tolar; Mail Stop 99-22-06 3. USE OF FUNDS: 3.1 Grantee shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines. 3.2 Grantee shall not use the Funds to substitute for any other fiords or projects not specified in this Agreement. Further, Grantee shall not use the Funds for any expenses or activities beyond the approved Scope of Work (Attachment B). Rev: 02.05.13 5 Funding Agreement LTF FTIP#: LAF3507 CFP# F3507 PPNO (If applicable) FA.P00F3507 3.3 Grantee must use the Funds in the most cost-effective manner. If Grantee intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with Grantee's contracting procedures and consistent with State law. Grantee will also use the Funds in the most cost- effective manner when the Funds are used to pay "in-house" staff time. This effective use of funds provision will be verified by LACMTA through on -going Project monitoring and through any LACMTA interim and final audits. 3.4 Grantee's employee, officers, councilmembers, board member, agents, or consultants (a "Grantee Party") are prohibited from participating in the selection, award, or administration of a third -parry contract or sub -agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a Grantee Party (b) any member of a Grantee Party's immediate family, (c) a partner of a Grantee Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on -going Project monitoring and through any LACMTA interim and final audits. 3.5 If the Project requires the implementation of an Intelligent Transportation Systems ("ITS") project, Grantee shall ensure the Project is consistent with the Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and Procedures adopted by the LACMTA Board of Directors including the submittal of a completed, signed self certification form. For the ITS policy and form, see htip:,//www.metro.net/projects/call—projecLs/. 3.6 If any parking facilities are designed and/or constructed using the Funds, Grantee shall coordinate with LACMTA parking program staff (see METRO.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy. For the parking policy, seehU:.//www.metro.net/projects/ca rojects/. 3.7 Grantee is obligated to continue using the Project consistent with the public transportation purposes for which the Project was approved. The Project right-of-way and real property purchased to implement the Project shall remain dedicated to public transportation use. The obligations set forth in this section shall survive termination of this Agreement. 3.8 If Grantee desires to use the Funds to purchase or lease equipment including, without limitation, vehicles, office equipment, computer hardware or software, or other personal property ("Equipment") necessary to perform or provide the services set forth in the Scope of Work, Grantee must obtain LACMTA's written consent prior to purchasing or leasing any Equipment. Equipment purchased or leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicated to that Project use for their fuffl economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. Rev: 02.05.13 6 Funding Agreement L'FF FTIP#: LAF3507 PPNO (If applicable) CFP# F3507 FA.POOF3507 3.9 If an Equipment ceases to be used for the proper use as originally stated in the Scope of Work, Grantee will be required to return to LACMTA the Funds used to purchase or lease such Equipment in proportion to the useful life remaining and in equal proportion of the Funds to Grantee Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement. 3.10 If any software is developed with the Funds and if Grantee ceases to use the software for public purposes or Grantee sells, conveys, licenses or otherwise transfers the software, LACMTA shall be entitled to a refund or credit, at LACMTA's sole option, equivalent to the amount of the Funds spent developing the software. Such refund or credit shall not be required, subject to LACMTA approval of the intended use, if Grantee reinvests the proceeds of such sale, conveyance, license or transfer into the Project to offset operating or systems management costs. The obligations set forth in this section shall survive termination of this Agreement. 3.11 If any Project facilities or any real property purchased to implement the Project is no longer used or is no longer needed for the Project, including construction easements or excess property, Grantee will be required to return to LACMTA the Funds used to design, construct or acquire such Project facilities or real property in equal proportion of the grant to Grantee Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement. 3.12 If Grantee desires to use any Project facility or any real property purchased to implement the Project to generate revenue, Grantee shall first obtain LACMTA's written consent prior to entering into any such revenue generating arrangement. Grantee shall provide LACMTA with the applicable information regarding the transaction, including without limitation, the property at issue, the proposed use of the property, the amount of revenue, any impact to the Project and the proposed use of the revenue. LACMTA consent may be conditioned on whether bond funds were used, and how Grantee plans to use the revenue, including, without limitation, sharing any net revenues with LACMTA. If Grantee fails to obtain MTA's prior written consent, Grantee shall be considered in default and LACMTA shall have all rights and remedies available at law or in equity, including, without limitation the return of the Funds to cover the cost of the property in question. The obligations set forth in this section shall survive termination of this Agreement. 3.13 Grantee understands that this Agreement does not provide any rights for Grantee to use LACMTA real property needed for the Project. If the Projectrequires use of LACMTA Property, Grantee will need to enter into a separate agreement with LACMTA in accordance with LACMTA real property policies and procedures. Nothing in this Agreement obligates LACMTA to provide Grantee with any real estate right. 4. DISBURSEMENT OF FUNDS: 4.1 Grantee shall submit the Quarterly Progress/Expenditure Report (Attachment Cl) within 60 days after the close of each quarter on the last day of the months November, February, May and August. Should Grantee fail to submit such reports within 10 days of the due date and/or Grantee submits incomplete reports, LACMTA will not reimburse Rev: 02.05.13 7 Funding Agreement LTF FTIP#: LAF3507 PPNO (If applicable) CFP# F3507 FA.POOF3507 Grantee until the completed required reports are received, reviewed, approved. The Quarterly Progress/Expenditure Report shall include all supporting documentation (such as contractor invoices, tirnesheets, receipts, etc.) with a clear justification and explanation of their relevance to the Project for reimbursement. If no activity has occurred during a particular quarter, Grantee will still be required to submit the Quarterly Progress/Expenditure Report indicating no dollars were expended that quarter. if request for reimbursement exceeds $500,000 in a single month, then Grantee can submit such an invoice once per month with supporting documentation. 4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement. 4.3 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to Grantee. Grantee must complete the ACH form and submit such form to LACMTA before grant payments can be made. ACH Request Forms can be found at htW: / /www.metro.net/projects/caU--projects/call_proiects-reference-documents /. 4.4 Grantee must provide detailed supporting documentation with its Quarterly Progress/Expenditure Report. 4.5 Grantee shall demonstrate that the Grantee Funding Commitment has been spent in direct proportion to the Funds invoiced with each quarter's expenditures. 4.6 Expenses that are not invoiced within 60 days after the lapsing date specified in Part II, Section 8.1 below are not eligible for reimbursement. 4.7 Any Funds expended by Grantee prior to the execution of this Agreement by the LACMTA Chief Executive Officer shall not be reimbursed nor shall they be credited toward the Grantee Funding Commitment requirement, without the prior written consent of LACMTA. Grantee Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at Grantee's own risk. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS: 5.1 LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre -award audits, performance audits and final audits. LACMTA will commence a final audit within nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by Grantee and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect. rates for the period under review). Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). Grantee shall reimburse LACMTA for any expenditure not in compliance with this Agreement. Grantee's eligible expenditures submitted to LACMTA for this Project shall be in compliance with the Reporting Rev: 02.05.13 8 Funding Agreement LTF FTIP#: IAF3507 CFP# F3507 PPNO (If applicable) FA.P00F3507 and Expenditure Guidelines (Attachment C) and 2 CFR Part 225. The allowability of costs for Grantee's contractors, consultants and suppliers submitted to LACMTA through Recipient's Quarterly Progress Reports/Expenditures shall be in compliance with 2 CFR Part 225 or Federal Acquisition Regulations, Subpart 31 (FAR), whichever is applicable. Any use of the Funds which is expressly prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA audit findings require Grantee to return monies to LACMTA, Grantee shall return such monies within thirty (30) days after the final audit is sent to Grantee. 5.2 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records") shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by Grantee for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed. 5.3 Grantee shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 5.4 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of Grantee and its contractors related to the Project, and shall be allowed to interview any employee of Grantee and its contractors through final payment to the extent reasonably practicable. 5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of Grantee and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement. 5.6 In addition to LACMTA's other remedies as provided in this Agreement, LACMTA shall withhold the Funds and/or recommend not to award fixture Call for Projects grants to Grantee if the LACMTA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions of Part II, Section 5. Rev: 02.05.13 9 Funding Agreement LTF FTIP#: LAF3507 PPNO (If applicable) CFP# F3507 FA.POOF3507 5.7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. 5.8 Grantee shall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Part 225 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.9 Grantee shall also certify final costs of the Project to ensure all costs are in compliance with 2 CFR Part 225 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on Grantee's own records and audit work to minimize direct audit of contractors, consultants, and suppliers. G. ONE TIME GRANT: This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 7. SOURCES AND DISPOSITION OF FUNDS: 7.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available for the Project, LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA. 7.2 Grantee shall folly fund and contribute the Grantee Funding Commitment, as identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, Grantee agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project. 7.3 Grantee shall be responsible for any and all cost overruns for the Project. 7.4 At any time, if Grantee receives outside £ending for the Project in addition to the Funds identified in the Project Funding at the time this grant was awarded, this Agreement shall be amended to reflect such additional funding. If, at the time of final voucher, funding for the Project (including the Funds, Grantee Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this Agreement as specified in the Project Funding and both the Funds and Grantee Funding Commitment required for the Project shall be reduced accordingly. Rev: 02.05.13 10 Funding Agreement LTF FTIP#: LAF3507 CFP# F3507 PPNO (If applicable) FA.P00F3507 8. TIMELY USE OF FUNDS I REPROGRAMMING OF FUNDS: 8.1 Grantee must demonstrate timely use of the Funds by: W executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) meeting the Project milestones due dates as agreed upon by the LACMTA and Grantee in Attachment B (Scope of Work) of this Agreement. Contracts for construction or capital purchase shall be executed within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date. Funds programmed by LACMTA for Project development or right-of-way costs must be expended by the end of the second fiscal year following the year the Funds were first programmed; and (ii.i) submitting the Quarterly Progress/Expenditure Report as described in Part 11, Section 4.1 of this Agreement; and (iv) expending the Funds granted under this Agreement for allowable costs by the stated lapse date. All Funds programmed for FY 2013 -14 are subject to lapse by June 30, 2016. All Funds programmed for FY 2014 -15 are subject to lapse by June 30, 2017. 9.2 In the event that the timely use of the Funds is not demonstrated as described in Part 11, Section 8.1 of this Agreement, the Project will be reevaluated by LACMTA as part of its annual Call for Projects Recertification/Deobligation process and the Funds may be deobligated and reprogrammed to another project by the LACMTA Board of Directors. If Grantee does not complete one element of the Project, as described in the FTIP Project Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event that all the Funds are reprogrammed, this Agreement shall automatically terminate. 9. DEFAULT: A Default under this Agreement is defined as any one or more of the following: (i) Grantee fails to comply with the terms and conditions contained herein; or (ii) Grantee is consistently behind schedule in meeting milestones or in delivering the Project; or (iii) Grantee fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provided herein. 10. REMEDIES: 10.1 In the event of a Default by Grantee, LACMTA shall provide written notice of such Default to Grantee with a 30-day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same Rev: 02.05.13 11 Funding Agreement LTF FTIP#: LAF3507 GFP# F3507 PPNO (If applicable) FA.POOF3507 within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make no further disbursements of Funds to Grantee; and/or (iii) LACMTA may recover from Grantee any Funds disbursed to Grantee as allowed by law or in equity. 10.2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 10.1, Grantee shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds upended after termination shall be the sole responsibility of Grantee. 10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 11. COMMUNICATIONS: 11.1 Grantee shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available on line or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. Grantee shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 11.2 For purposes of this Agreement, "Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of "Communications Materials" is found in the Funding Agreement Communications Materials Guidelines. 11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. 11A Grantee shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 11.5 The LACMTA Project Manager shall be responsible for monitoring Grantee compliance with the terms and conditions of this Section. Grantee failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 12. OTHER TERMS AND CONDITIONS: Rev: 02.05.13 12 Funding Agreement LTF FTIP#. LAF3507 CFP# F3507 PPNO (If applicable) FA.POOF3507 12.1 This Agreement, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the same level of authority. 12.2 In the event that there is any court (proceeding between the parties to enforce or interpret this Agreement, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. 12.3 Neither LACMTA nor any subsidiary or their respective directors, officers, agents, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Grantee under or in connection with any work performed by or service provided by Grantee, its officers, agents, employees, contractors and subcontractors under this Agreement. Grantee shall fully indemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiaries and their respective directors, officers, agents and employees harmless from and against any suits and causes of actions, claims, losses, liability, damages, costs and expenses, including without limitation, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of property, any environmental obligation, and any legal fees in any way arising out of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this. Agreement. 12.4 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement. 12.5 Grantee shall comply with and insure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto. 12.6 Grantee agrees that those sections of this Agreement marked with an asterisk shall be included in every contract entered into by Grantee or its contractors relating to work performed under this Agreement and LACMTA shall have the right to review and audit such contracts. Rev: 02.05.13 13 Funding Agreement LTF FTIP#: LAF3507 PPNO (If applicable) CFP# F3507 FA.POOF3507 12.7 Grantee shall not assign this Agreement, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable at the option of LACMTA. 12.$ This Agreement shall be governed by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining.provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12.9 The covenants and agreements of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 12.10. Grantee will. advise LACMTA prior to any key Project staffing changes. 12.11 Grantee in the performance of the work described in this Agreement is not a contractor nor an agent or employee of LACMTA. Grantee attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. Rev: 02.05.13 14 Funding Agreement LTF LO m z CO - W4 N CD LO co F4 co Q �'�' cA d' C" 0D co d- LO o) W ; ti W cc rr C+? C1 C -. ci r CO •, r (N m Cl) G'Q: co 69- N 00 n r-� O rN W n wr a.. b U; ct cli 00 a M N coo00 v O Cl)N 00 sAi- bAW vi Q- cc F OD � � m N O N Q W � N N r-i O N a z A b o 71 OE O z o a v o O F F U U S7 ru M FTIP#: LAF3507 CFP#F3507 PPNO FA.POOF3507 ATTACHMENT B SCOPE OF WORK South Baldwin Park Commuter Bikeway Project — City of Baldwin Park Project Descri Lion: This project is located in the City of Baldwin Park, it shares jurisdiction with the Los Angeles County Flood Control District, and Los .Angeles County Dept. of Public Works along the San Gabriel River and the Walnut Creek Wash at tops of levee and will travel under the I-10 and the I-605 Freeways. Included in the project scope is the design and the construction of about 2.5 miles of a Class I shared -use bike and pedestrian path along the east side of the San Gabriel River from Ramona Blvd. to the .confluence with Walnut Creek Wash and along the North side of Walnut Creek Wash to Baldwin Park Blvd. where it transitions to a Class II on - street bike lane for 0.5 miles_ The project includes wayfinding signs and directional signage to destinations and major employment centers. The project implements Metro's 2006 Bicycle Transportation Strategic Plan Policy Objective to expand the regional bikeway network. This project will follow standard design practices in the California Design Manual, 2012 M.U.T.C.D and other standard design guidance documents. The Project must comply with the following conditions: Project sponsors should refer to the following guidelines and standards when designing bike projects: Pedestrian and Bicycle Facilities in California July 2005, including intersection crossings where required; California Highway Design Manual Chapter 1000; the California Supplemental of the Manual of Uniform Traffic Control Devices; and Americans with Disabilities Act. The project must comply with the following conditions: At the conclusion of the project, prepare a Project Completion Report to be provided to the Metro Bike Program Manager. The report must include a brief description of "lessons learned", a user survey and "after" bicycle counts taken on mid -week day and weekend, excluding winter months. The counts should not be taken until six (6) months after the completion of the project. \ Project Budget Metro Grants Local Match Total Design (FY2013-14) 18,788 13,056 31,844 Construction (FY2014-15) 464,940 323,094 788,034 Total 483,728 336,150 819,878 Rev: 10.04.12 1 FA Attachment B FTIP#:LAF3507 CFP# F3507 PPNO (If applicable) FA.POOF3507 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel Date: P' GRANTEE: City of Baldwin Park Michael Taylor Chief cutive Officer APPROVED AS TO FORM (OPTIONAL): I0 Date: d ! -zo { 4- Date: -f Robert: Tafoya City Attorney MeShiEe-�&rTafoya and. Garcia, LLP Rev: 02..05.13 1 Funding Agreement LTF FTIP#: L.AF3507 PPNO (If applicable) CFP# F3507 FA.POOF3507 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI Cniinty Counsel pt U GRANTEE: City of Baldwin Park Chief APPROVED AS Michael Taylor Officer RM (OPTIONAL): Date: Date: // � Date: Robert Tafoya Q"t#y City Attorney Adeshir,e &-�- Tafoya and Garda, LLP Rev: 02.05.13 2 Funding Agreement LTF FTIP#: I.AF3507 PPNO (If applicable) CFI# F3507 FA.POOP3507 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By: p tY GRANTEE: City of chael Taylor Chief E ecu 've Officer APPROVED AS T/O FORM (OPTIONAL): IN Date: Date: Date: l Date: r rti n rr ro Robert Tafoya City Attorney Tafoya and Garcia, LLP Rev: 02.05.13 2 Funding Agreement LTF n a in M U. it V 0 L CL FA ATTACHMENT +C REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES • Quarterly Progress/Expenditure Report (Attachrnent Q is required for all projects. The Grantee shall be subject to and comply with all applicable requirements of the funding agency regarding project -reporting requirements. In addition, Grantee will submit a quarterly report to the LACMTA at P.O. Box 512296, Los Angeles, CA 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form. • The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that Grantee provide complete and adequate response to all the.questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project. Expenses must reflect the proportionate share of local match, including in - kind, charged to the grant. • In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. Grantees are required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. Projects not delivered in a timely manner will be reevaluated by LACMTA as part of the annual Call for Projects Recertification process and the Funds may be deobligated and reprogrammed by the LACMTA Board. • The Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year: Quarter Report Due Date July —September November 30 October - December February 28 January - March May 31 April - June August 31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. Rev: 10.04.12 1 FA Local Attachment C Reporting Guidelines Excessive Cost: Any expense deemed "excessive" by LACIV TA staff would be adjusted to reflect a "reasonable and customary" level. For detail definition of "reasonable cost", Please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Covernments, and A-122 C ost iviinczpals for Nonprofit Organizations. Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope -of -Work is considered ineligible. Rev: 10.04.12 3 FA Local Attachment C Reporting Guidelines LACMTA FA ATTACHMENT C7 QUARTERLY PROGRESS/ EXPENSE REPORT Invoice # Invoice Date FA# Quarterly Report # GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, Los Angeles, CA 90051-0296 after the close of each quarter, but no later than November 30, Februar�y_28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information. Please itemize grant -related charges for this Quarter on Page S of this report and include totals in this Section. Rev, 08.20.13 1 FA Attachment C1 FTIP# LAF3507 CFP#F3507 AMENDMENT NO. 1 Funding Agreement No. FA.POOF3507 AMENDMENT No. 1 TO FUNDING AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This. Amendment No. 1 to Funding Agreement (this "Amendment"), is dated as of October 24, 2016, by and between the City of Baldwin Park ("Grantee"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A. Grantee and LACMTA entered into that certain Funding Agreement No. FA.P00F3507, dated November 14,2013, (the "Existing FA"), which Existing FA provides for the South Baldwin Park Commuter Bikeway Project (the "Project"); and B. Whereas, LACMTA Board on August 25, 2016, desires to extend the lapsing date of the Project to June 30, 2017; and C. Grantee and LACMTA desire to amend the Existing FA as provided herein. Rev: 10.11.2016 1 FA Local Amendment Lapsing Date Extension FTlP# LAF3507 CFP#F3507 AMENDMENT NO. 1 Funding Agreement No. FA.POOF3507 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part II, Paragraph 8 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "8. TIMELY USE OF FUNDS/REPROGRAMMING OF FUNDS: 8.1 Grantee must demonstrate timely use of the Funds by: (i) executing this Agreement within. ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by December 31s' of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) meeting the Project milestones due dates as agreed upon by the LACMTA and Grantee in the Funding Agreement; milestones include, but are not limited to the following: a. for project development, Grantee must complete phase by the end of the second fiscal year following the year the Funds were first programmed; and b. for right-of-way, Grantee must follow its right-of-way acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTA and Grantee prior to Agreement execution; and c. for construction or capital purchase projects, contracts shall be awarded within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date; and (iii) submitting the Quarterly Progress/Expenditure Report; and (iv) funds programmed for FY 2013-14 and FY 2014-15 are subject to lapse on June 30, 2017. 8.2 Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. If the Project does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of non- compliance to the GRANTEE, and the GRANTEE will be required to develop a written recovery plan illustrating in detail the GRANTEE's actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the "Recovery Plan"). If the Recovery Plan is deemed viable by LACMTA staff, and meets the Project completion date agreed upon in the FA, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Plan within 30 days of the notice of non-compliance from LACMTA, or the Recovery Plan illustrates that the Project will Rev: 10.11.2016 2 FA Local Amendment Lapsing Date Extension FTIP# LAF3507 CFP#F3507 AMENDMENT NO. 1 Funding Agreement No. FA.POOF3507 not meet the lapse date in the FA, LACMTA may recommend potential deobligation of the Funds as part of its annual Call for Projects Recertification/Deobligation process. GRANTEE will ONLY be allowed to request a one-time lapsing date extension of 20-months from the final lapse date, which request is subject to LACMTA's Technical Advisory Committee (TAC) consideration as part of the annual Call for Projects Recertification/Deobligation process. 8.3 Recertification of Funds will be based on Project progress and is subject to meeting the Project milestones as agreed upon in the FA. 8.4 If Grantee does not complete one element of the Project, as described in the FTIP Project Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event that all the Funds are deobligated, this Agreement shall automatically terminate. 8.5 If the Grantee fails to meet any of the conditions in paragraph 8.1 above, the Project shall be considered lapsed and will be submitted to the LACMTA Board for deobligation. Expenses that are not invoiced within 60 days after the lapsing date are not eligible for reimbursement." 2. Part I, Paragraph 8 of Existing FA is hereby amended to change LACMTA's project manager to Brett Thomas mail stop ("99-22-2"). 3. Part I, paragraph 9, is hereby added to the existing FA as follows 119. LACMTA understands Grantee is unable to complete the Project as originally scheduled and needs additional time to complete the Project beyond the lapse date. LACMTA is willing to allow Grantee 1 year(s) to demonstrate that it has taken affirmative steps toward completing the Project within a reasonable timeframe. Therefore, Grantee shall complete the following activities ("New Milestone") by the lapse date: Construction Bid and Award. If Grantee fails to complete the New Milestone by the applicable lapse date, LACMTA may determine that there is not sufficient progress being made and then LACMTA may determine Grantee is in default hereunder and LACMTA shall have all rights to terminate this Agreement for default as described in Part II, Section 9." Rev: 10.11.2016 3 FA Local Amendment Lapsing Date Extension CFP#F3507 AMENDMENT NO, 1, Funding Agreement No. FA.P00F3507 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHOR By: 5(lp Date: Mip`A. WaAnn on Chief Executive lf(Icer APPROVED AS TO FORM: MIRY C. WICKHAN County Counsel By: /�C�6 Date: . 1)7112 �-epu� City of Baldwin Park By: Shannon Yauchlee Chief Executive Officer Tafoya and Garcia, LLP Date: Date: . I? 4 FA Local Amendment Lapsing Date Extension Los Angeles Courily One Gateway Plaza 2i3. 2z.z000 Tel Metropolitan Transportation Authority (1) Las Angeles, CA ooi7-z95z metro.net 1 Metro February 1, 2018 City of Baldwin Park 14403 East Pacific Avenue Baldwin Park„ CA 91706 Attn: Sam Gutierrez Title: Executed Agreement Amendment for F3507 — South Baldwin Park Commuter Bikeway Project r. Gutierrez, Enclosed is the original signed copy of F3507 - South Baldwin Park Commuter Bikeway Project. Please keep it for your own record. If you have any questions please contact me at 213. 22.8806 or martinezj12@metro.net. Sincerely, Jackie Martinez Transportation Associate,I "CEIVED FTIP# LAF3507 CFP#F'3507 PPN N/A AMENDMENT NOr2 Funding Agreement No. POOF3507 AMENDMENT ENT No.'2 TO FUNDING AGREEMENT BETWEEN CITY OF BAL WIN PARK AND THE L S AN EL S COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 2 to Funding Agreement (this "Amendment"), is dated as of October 13, 2017by and between City of Baldwin Dark ("GRANTEE"), and the Los Angeles County Metropolitan Transportation .Authority ("LACMTA"). TA"). RECITALS: A. GRANTEE and LACMTA entered into that certain Funding Agreement No. P001135 ?7, dated November 14, 2013, which was amended on October 24 201 (as amended, the "Existing FA"), which Existing FA provides for the South Baldwin Park Commuter Bikeway Project (the "Project"); and B. Whereas, LACMTA Board on July 27, 2017 desires to extend the lapsing date of the Project to February 282 1 ; and C. GRANTEE and. LACMTA desire to amend the Existing FA as Provided herein. Rev.09.26.2017 1 FA Local Amendment Lapsing bate Extension FTIP# LAF3 07 CFP#F350 PPNO N/A AMENDMENT NO.2 Funding Agreement No. POOF3507 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: I. Part 1I Paragraph .1(iv) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following. "funds programmed for FY 201-14, FY 2014-15 are subject to lapse on February 28, 2019." 2 Part 11, Paragraph 8.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. Even though Grantee is within its last 20- onth lapse date extension, if the Project still does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of non-compliance to the GRANTEE, the GRANTEE will be required to develop a written recovery plan illustrating in detail the G NTEE's actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the "Recovery Plan"). If the Reco very Plan is deemed viable by LACMTA staff', and meets the Project completion date agreed upon: in the FA; LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Ilan within 30 days of the notice of non-compliance from LACMTA, or the Recovery Flan illustrates that the Project l not meet the lapse date in the EA, LACMTA may recommend potential de bligation of the Funds as part of its annual Call for Projects Recertification/ Deobligation process. " 3. Dart II, Paragraph 8.3 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "Intentionally omitted". 4. Attachment E -- Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule. 711 !1 �.; �J .V; A -� - IIIIII III II" Pro .'ect sdi6diile". Milestonesf: • Work- L ®.uAward " 1 Ar ! 014 2619 1 Total Project Duration (N4® a�i Rev: 09.26.2017 2 FA Local Amendment Lapsing Date Extension F T'IP# LAF3507 CFP##F'3507 PPNO N/A AMENDMENT N . Funding Agreement No. POOF3507 IN WITNESS WHEREOF, the patties have caused this Amendment No. 2 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTI-TO I y: (��h i Date: Phillip A. Washington Chief Executive Officer APPROVED AS TO FORM: MARY C. WICKHAI County Counsel By: Yl Date City of Baldwin Park By: Date: 12,1 Gutierrez Interim Director of Public A I R �TTD A F R p tI By- Date: obert N. Tafo a City Attorney Rev 09.26,2017 4 FA LocalAmendment Lapsing Date Extension ANI Los Angeles County (D Metro- Metropolitan Transportation Authority Sam Gutierrez Director of Public Works City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706 #ne Gateway Plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro.net 1611004WIM"I'LAROOV UNILEW.11010011110JOV NONE•VALWO111111111111IM91 Enclosed is the fully executed Amendment No. 3 to the original funding agreement for the above referenced project between Metro and the City of Baldwin Park. Please keep this copy for your records. activities for the project. Please continue to keep us apprised of the project's progress via Quarterly Progress Reports, which are due on February 28, May 31, August 31, and November 30 of each year. lm� iclia(e Senior Manager CFP# F3507 AMENDMENT NO. 3 Funding Agreement No. FA.POOF3507 AMENDMENT NO. 3 TO FUNDING AGREEMENT BETWEEN CITY OF BALDWIN PARK AND T.VE LOS-4, This Amendment No. 3 to Funding Agreement (this "Amendmentis dated as of October 1, 2019, by and between City of Baldwin Park ("GRANTEEand the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). A. GRANTEE and LACMTA entered into that certain Funding Agreemen) No. FA.POOF3507, dated November 14, 2013, which was amended on October 24, 2016 and October 13, 2017 (as amended, the "Existing FA"), which Existing FA provides for the South Baldwin Park Commuter Bikeway Project (the "Project"); and B. Whereas, LAC MTA Board on July 25, 2019, reprogrammed Fiscal Years (FY) 2013-14 and 2014-15 Funds to FY 2019-20; and Rev: 08.13.19 1 FA Local Amendment FTIP# LAF3507 CFP# F3507 AMENDMENT O. 3 Funding Agreement No. FA.POOF3507 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part 1, Paragraph 2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "To the extent the Funds are available, LACMTA shall make to Grantee a one-time grant of the Local Transportation Funds in the amount of $483,728 (the "Funds") for the Project in accordance with the terms of this Agreement. LACMTA Board of Directors' action of September 24, 2009, granted the Funds to Grantee for the Project. The Funds were programmed over two years, Fiscal Years (FY) 2013-14 and 2014-15. On July 25, 2019, LACMTA Board of Directors reprogrammed all Funds to one year, FY 2019-20. 2. Part II, Paragra.1(iv) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "Funds programmed for FY 2019-20 are subject to lapse on June 30, 2022." III IMIMi w 11 up- 1111pill IgIIIII ;�;I� ,1� 1112111 11' 11�1 111111111111111 111 ;111 11�111 11 111111111111111 111 I I I q 1 11111 1 1 6. Part II, Paragraph 11 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Recipient Communications Guidelines" available at h.L civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. For purposes of this Agreement, "Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of "Communications Materials" is found in the Funding Recipient Communications Guidelines. *11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock -up for Rev: 08.13.19 2 FA Local Amendment FTIP# LAF3507 CFP# F3507 AMENDMENT O. 3 Funding Agreement No. FA.POOF3507 Funding Recipients to use is included in the Funding Recipient Communications Guidelines. *11.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 11.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE's compliance with the terms and conditions of this Section. GRANTEE's failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein." 7. Part I, Paragraph 8 of Existing FA is hereby amended to change LACMTA's project manager to Michael Richmai, mail stop 99-22-7. 8. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existine FA that are not exj2ressly amended by this Amendment shall remain unchanged. Rev: 08.13.19 3 FA Local Amendment CFP# F3507 AMENDMENT O. 3 Funding Agreement No. FA.P00F3507 IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY MEINOLITAN TRANSPORTATION AUTHORITY Date: 50'.-;� MARY C. WICKHAM County Counsel By Date: ��De CITY OF BALDWIN PARK I XU By. - am Gutierrez irector of Public Work 5,' MWI 0 City Attorney Date: Date: Rev: 08.13.19 4 FA Local Amendment i I PROJECT TITLE: South Baldwin Park Commuter Bikeway Project. kRQJKTI��: The project is located in the City of Baldwin Park. The project shares jurisdiction with the Los Angeles County Flood Control District and Los Angeles County Department of Public Works, along the San Gabriel River and Walnut Creek Wash at tops • levee and travels under the 1-10 and 1-605 Freeways. PROJEC17 D.ESORIPTION: The project consists of the design and construction of about 2.5 miles of a Class I shared -use bike and pedestrian path along the east side of the San Gabriel River from Ramona Blvd. to the confluence with Walnut Creek Wash and along the North side of Walnut Creek Wash to Baldwin Park Blvd., where it transitions to a Class 11 • bike lane for 0.5 miles. The project includes wayfinding signs and directional signage to destinations and major employment centers. The project implements Metro's 2006 Bicycle Transportation Strategic Plan Policy Objective to expand the regional bikeway network. This project will follow standard design practices in the California Design Manual, 2012 MUTCD and • standard design guidance documents. THOMAS GUIDE: PAGE 597 GRID G7 PAGE 637 GRIDS AND J2 LOCATION MAP 0 NOT TO SCALE Rev: 09.30.19 1 FA LTF Attachment B Scope of Work PROJECT MILESTONES: START END MONTHS Final Caltrans Review and Approval for Encroachment Permiin Nov 2019 Apr 2020 6 mos ArIlly Co�rpsRe�vvieww and Approval Se v 2019 Feb 2021 18 mos Completion of Plans, Specs, and Estimates (Final Design) Mar 2021 Jun 2021 4 mos Prepare Construction Bid Package Jul 2021 Au 2021 2 mos CTC Allocation of AT P Funds Sep 2021 Dec 2021 4 mos Request to Proceed to Construction, Caltrans issues Notice to Proceed A reement E7G for Construction Jan 2022 Feb 2022 2 mos Advertise Bid & Award Construction Mar 2022 Jun 2022 4 mos Construction jpj 2022 Dec 2022 6 mos NMI Rev: 09.30.19 2 FA LTF Attachment B Scope of Work CITY • BALDWIN PARK • ESTIMATE FOR Funding for cos�s f• the $819,878 is the responsibility of the City of Buena Park. INFRA 9TRLJCTl1RE ENGINEERS 3060 Saturn Street, Suite 250 Brea, CA 92821 Tel: (714) 940-0100 Fax: (714) 940-0700 FTIP# LAF3507 Attachment 0-1 CFP# F3507 AMENDMENT NO. 3 FA.POOF3507 Los Angeles Metropolitan Transportation Authority Gabriel River and Walnut Creek connecting to major employment eenters on Baldwin Park Blvd WIS'a-m—G 'u'ti'e"u'e'z(,6,2-6,)"8'1'3"5-2"51 Email: Sgutierrez@baldwinpark com LS: N LS GROUP: Conformity Category: TCM Committed System :Local Hwy Route: Postmile: Distance: Phase: Engineering/Plans, Specifications and Estimates (PS&E) Completion Date 0613012018 Lane # Extcl: Lane #Prop: ImprvDesc: AirBasin:SCAB Envir Doc: CATEGORICALLY EXEMPT -0613012013 Toll Rate: Toll Colo Loc: Toll Method: Hov acs eg loc: Uza: Los Angeles -Long Sub -Area: Sub -Region: 0,00 Beach -Santa Ana CTIPS ID: EA #: PPNO: Proqram Code: NCN26 - BICYCLE FACILITY -NEW Stop Loc: PHASE PRIOR 18/19 19/20 20/21 21/22 22123 23/24 BEYOND PROG TOTAL - General Comment: This project is not complete This change is to correct the status which was Inadvertently shown as completed The PSE process is complete, but it is currently undergoing third -party review by the Army Corps of Engineers, It is anticipated that the review will be completed by 1212019 - Modeling Comment: Project encountered several challenges and setbacks when dealing with various third -party review. Particularly the County of Los Angeles required additional scope not originally anticipated The City has accommodated the FOCUBSt and is now in review with the Army Corps of Engineers It is expected that the review will be completed by end of year..Also, MTA Board has granted an extension due to these changes We've uploaded the Metro Board Report with approval recommendation to the documents folder. - TCM Comment: This project was delayed in design phase considerably..The change was a significant scope change imposed by LA County during the review processes Eventually, the City accommodated the changes and has moved on the Army Corps review Amendment Comment: CMP Comment: Narrative: Page 1 Wednesday, October 16, 2019 FTIP# LAF3507 PPNO N/A CFP#F3507 AMENDMENT NO. 4 Funding Agreement No. FA.POOF3507 AMENDMENT No. 4 TO FUNDING AGREEMENT BETWEEN CITY OF BALDWIN PARK AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 4 to Funding Agreement (this "Amendment"), is dated as of January 18, 2024, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A. GRANTEE and LACMTA entered into that certain Funding Agreement No. FA.POOF3507, dated November 14, 2013, which was amended on October 24, 2016, October 13, 2017, and October 1, 2019 (as amended, the "Existing FA"), which Existing FA provides for the South Baldwin Park Commuter Bikeway Project (the "Project"); and B. Whereas, LACMTA Board on August 25, 2022 desires to extend the lapsing date of the Project to February 29, 2024; and OR C. GRANTEE and LACMTA desire to amend the Existing FA as provided herein. Rev.: 03.08.2023 1 FA Local Amendment Lapsing Date Extension FTIP# LAF3507 CFP#F3507 PPNO N/A AMENDMENT NO. 4 Funding Agreement No. FA.POOF3507 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part II, Paragraph 8.1 (iv), 8.2, and 8.3 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "8.1 (iv) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2019-20 are subject to lapse by February 29, 2024. 8.2 Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. Even though Grantee is within its last 20-month lapse date extension, if the Project still does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of non-compliance to the GRANTEE, the GRANTEE will be required to develop a written recovery plan illustrating in detail the GRANTEE's actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the "Recovery Plan"). If the Recovery Plan is deemed viable by LACMTA staff, and meets the Project completion date agreed upon in the FA, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Plan within 30 days of the notice of non- compliance from LACMTA, or the Recovery Plan illustrates that the Project will not meet the lapse date in the FA, LACMTA may recommend potential deobligation of the Funds as part of its annual Call for Projects Recertification/Deobligation process. 8.3 Intentionally omitted." 2. Part I, Paragraph 8 of Existing FA is hereby amended to change LACMTA's project manager to "CASSIE TRUONG", mail stop "99-22-5". 3. Attachment B-1— Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Milestones and replacing it with the following Revised Project Milestones. Rev.: 03.08.2023 2 FA Local Amendment Lapsing Date Extension FTIP# LAF3507 PPNO N/A CFP#F3507 AMENDMENT NO. 4 Funding Agreement No. FA.POOF3507 FA Amendment 3 Schedule in Revised Project Schedule FA Milestones Scope of Work Start Date End Date Start Date End Date Final Caltrans Review and Approval for Encroachment Nov-19 Apr-20 Nov-19 Apr-20 Permitting Army Corps Review and Sep-19 Feb-21 Sep-19 Feb-21 Approval Completion of Plans, Specs, Mar-21 Jun-21 Mar-21 Jun-21 and Estimates Final Design) Prepare Construction Bid Jul-21 Aug-21 Jul-21 Aug-21 Package CTC Allocation of ATP Funds Sep-21 Dec-21 Sep-21 Dec-21 Request to Proceed to Construction, Caltrans issues Jan-22 Feb-22 Jan-22 Feb-22 Notice to Proceed/Agreement E76 for Construction Advertise Bid & Award Mar-22 Jun-22 April-22 Jun-22 Construction Construction Jul-22 Dec-23 Oct-22 July-23 Report of Completion/Project Closeout Jan-23 Feb-23 Aug-23 Aug-23 Total Project Duration 39 months 45 months (Months) 4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. Rev.: 03.08.2023 3 FA Local Amendment Lapsing Date Extension FTIP# LAF3507 PPNO N/A CFP#F3507 AMENDMENT NO. 4 Funding Agreement No. FA.POOF3507 IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY M. Stephanie N. Wiggins Chief Executive Officer APPROVED AS TO FORM: DAWYN R. HARRISON County Counsel I0 Deputy City of Baldwin Park I0 Samuel Gutierrez Director of Public Works APPROVED AS TO FORM: I: Marco A. Martinez City Attorney Date: Date: Date: Date: Rev.: 03.08.2023 4 FA Local Amendment Lapsing Date Extension ITEM NO. 8 4�L'��'�'. TO: Honorable Mayor and Members of the City Council HlfEf of ,.•a , rH , �0 , FROM: Sam Gutierrez, Director of Public Works �SAIV CiABREL �� PREPARED BY: Yovanni Viramontes, Associate Engineer -, VALLEY"*' DATE: February 7, 2024 SUBJECT: Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Installation of New Gas Service located at 14349 Pacific Ave for the Susan Rubio Zocalo Park and Civic Plaza. SUMMARY This item seeks City Council consideration to authorize a Collectible Work Authorization (CWA) for Southern California Gas Company (SoCalGas) to install new gas services for the proposed retail building at the Susan Rubio Zocalo Park and Civic Plaza. RECOMMENDATION It is recommended that the City Council: 1. Approve the CWA payment for SoCalGas in the amount of $68,678.00 for the installation of new service; and, 2. Authorize the Director of Public Works to execute the CWA contract and to process the necessary documents and payment request from the available grant funds; and, 3. Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments. FISCAL IMPACT There is no impact to the General Fund. The funds for the CWA will be appropriated from available grant funds which are included in the adopted CIP 22-044. Requested Funds Amount Requested State of California Natural Resources 270-50-520-58100- Appropriation Agency, Department of Parks and 55022 $68,678.00 Recreation BACKGROUND On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22- 043 — Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. Prior to the start of construction, The Engineering Division and SoCalGas coordinated the abandonment of existing utilities for the vacant building located at 14349 Pacific Ave, within the proposed park limits. In January 2023, the contractor, PCN3, mobilized for construction and began the site demolition. During the demolition of site, the construction team notified SoCalGas about a conflict with the existing 2" and 4" gas main and proposed retail building. On January 6, 2023, SoCal Gas determined that the construction of a new retail building is for proprietary use and not governed by the current Franchise Agreement between the City of Baldwin Park and SoCal Gas, thus making the city responsible for the costs of relocation and/or abandonment collectible by SoCal Gas. Page I / 2 On April 5, 2023, the City Council authorized the Director of Public Works to execute a CWA agreement with SoCalGas for the abandonment of both 2" and 4" gas mains in conflict with proposed retail building. The work was completed in July 2023. On July 2023, The City's construction manager submitted an application to SoCalGas for the connection of new services to the proposed retail building. In order for SoCalGas to schedule this work, a new CWA agreement is needed for the installation of new gas service for new retail building at 14349 Pacific Ave. Additionally, the proposed retail building exterior must be substantially completed for the gas company to schedule this work. DISCUSSION The progress on the construction of the proposed retail building was delayed from the original schedule due to an unprecedented amount of rain days, as well as material delays, coordination with various utility services, and impact to the critical path of the construction schedule. On January 16, 2024, A new CWA agreement from SoCalGas was received for the installation of a new gas service to the proposed retail building. This work is ready to be scheduled since the building exterior for the proposed building is constructed and other utilities have been installed. It is crucial that the installation of gas service be installed prior to the start of any street improvements to prevent any impact on the new improvements such as retail building front entrances, parking stalls, sidewalk, planters, and ADA ramps. It is not ideal for any street improvements to be completed and then start trenching the street for new gas service. This may result in building frontage on Sterling Avenue appearing incomplete or different than the rest of the park improvements. The City is requesting appropriate available grant funds for the payment of the collectible work to SoCalGas in the amount of $68,678.00. The collectible work under SoCalGas agreement includes site preparation for the installation of a gas service from gas main to new gas meters, back fill and paving of gas trench, scheduling, coordination, labor, and materials for SoCal gas contractor to complete work. ALTERNATIVES 1. The City Council may choose not to approve the CWA. This action is not recommended as it will cause construction delays and additional costs to repair affected new offsite improvements. 2. Provide Staff with alternate direction CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (pub. Res. Code § 21065.) To the extent that matters listed in this agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Contract Cover Letter 2. Exhibit A — Line Extension Contract (CWA) Page 2 / 2 Applicant Name: CITY OF BALWIN PARK BUILDING: ZOCALO Contact: SAMUEL GUTIERREZ Tel: 5629604011 1 /18/2024 Assigned SoCalGas Planning Representative Name: GEORGE BATISTA Email: JBATISTA@SOCALGAS.COM Tel: 3106872095 Fax: 0 Address: 12460 MAR VISTA DR City/ST/Zip: WHITTIER CA 90602 0000 The Line Extension Contract, Exhibit A (invoice), and applicable agreements for Project# 259902 have been included with this letter. Please take the time to review these documents, take action on your contract, and submit any outstanding payments due. Both your signed contract and full payment must be processed for your project to move forward to construction. As recipient of this contract, you must take action on this contract through our online signature portal regardless of whether you speak with a SoCalGas representative or not. Please indicate that you either accept, decline, or choose to reassign the recipient of this contract through the online portal. Learn more about electronically completing your contract and submitting payment on the previous pages, "How to Complete Your Contract' and "How to Submit Payment." Under the Line Extension Rules, you have agreed to have SoCalGas perform the following gas facility installation: INSTALL NEW GAS SERVICE / INSTALL 4 METER MANIFOLD / INSTALL MSA AC 250 SIZE 1 / NON RES TURN ON SoCalGas estimated construction costs, prior to applicable allowance site prep fees & taxes are broken down as follows: Main 0 Stub 0 Service 57766.5 MSA 1483.15 If paying online, go to www.socalgas.com/ExhibitA. If paying by mail, please remit payment w/ Exhibit A to: Exhibit A If you have any questions regarding this matter, please send an email or fax message to the following: Email: NBProcess-Inland@semprautilities.com Fax: 1-866-448-3821 Thank you, Southern California Gas Company New Business Process Team SCG Cover Sheet SoCalGas,- 01/12/2024 SAMUEL GUTIERREZ DIRECTOR OF PUBLIC WORKS CITY OF BALWIN PARK BUILDING: ZOCALO 14403 PACIFIC AVE BALDWIN PARK, CA 91706 Project Scope: Reference: SoCalGas Project #: 00000259902 Project Location: 14349 PACIFIC AVE Non -Residential, commercial, project located at 14349 Pacific Ave and Ramona Blvd, in the City of Baldwin Park, County of Los Angeles. Install Service, Meter to the specified location in Company provided trench. The engineering required for the installation of the gas facilities as described above in the Project Scope, based on the information you have provided us, has been completed. The attached "Exhibit A" dated 01/12/2024 details the estimated costs and allowances, if applicable, and also indicates any advances and contributions, if required at this time. Please provide us with an address list for the property, if applicable, including any internal apartment or unit numbers or letters as quickly as possible. This will assist us in providing timely installation of the requested gas meters and/or refunds of your refundable advances, if applicable. To acknowledge your receipt of the Exhibit A, confirmation of the scope of the Project, and receipt and agreement with the enclosed General Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to the SoCalGas New Business Process Team at either NewBusinessProcessTeamPesign.sem2ra.co , if you are executing these documents through the electronic signature portal, or NewBusinessProcessTeam@socalgas.com, if you are not executing these documents through the electronic signature portal. Your return of the executed copy of this letter plus any required advance made through one of the designated SoCalGas payment channels (e.g., online at www.socalgas.com/exhibitA, in person at a SoCalGas Branch Office, mailed to SoCalGas Mail Payments: P.O. Box 2007, ML711D, Monterey Park, CA 91754-0957), will constitute your request to SoCalGas to schedule the installation and your agreement to Exhibit A and the General Conditions. Timely return of this letter will ensure that your construction is not delayed. A copy of the letter has been provided for your records. Thank you for this opportunity to provide you with natural gas to serve your energy requirements. We are pleased to have you as a SoCalGas customer and want to provide you with the best possible service. If you have any questions, please contact me at (310) 687-2095. Sincerely, GEORGE BATISTA PLNG ASSOC 12460 MAR VISTA DR WHITTIER,CA 90602-0000 SOUTHERN CALIFORNIA GAS COMPANY - GENERAL CONDITIONS FOR LINE EXTENSIONS These are the general conditions under which Southern California Gas Company ("SoCalGas") will provide line extensions for Applicants. A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised after that time if the installation of gas facilities for the Project has not begun. Once SoCalGas begins the installation, the estimated cost will remain in effect for twelve (12) months. If at the end of the twelve (12) months the work is not complete, SoCalGas reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. Applicants who submit a new application for gas line extension(s) on or after July 1, 2023 must pay SoCalGas the actual cost, but the estimated amount is due and payable in advance. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not a warranty by SoCalGas of the actual cost. If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. Estimated and actual cost excludes Betterments and Utility Convenience. B. Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load within six (6) months for main/main and service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date SoCalGas completed the installation of gas facilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rule Nos. 20 and/or 21. The bill amount will include Income Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule No. 22. C Attorneys Fees and Offset. If SoCalGas is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that SoCalGas is entitled to recover its reasonable attorneys' fees and costs. SoCalGas may withhold from any payments due Applicant any amounts Applicant owes SoCalGas. II. INDEMNITY A. General. Applicant shall indemnify and hold SoCalGas harmless from and against all liability (excluding only Pre -Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of SoCalGas or Applicant, injury to property of SoCalGas, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attorneys' fees) arising out of the performance of this Contract, except only for liability to the extent it is caused by the negligence or willful misconduct by SoCalGas. B. Environmental. Applicant shall indemnify and hold SoCalGas harmless from and against any and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of any local, state, or federal environmental law or regulation as a result of pre- existing conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of SoCalGas's work performed ("Pre -Existing Environmental Liability"), including, but not limited to, liability for the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and SoCalGas, Applicant agrees to accept full responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Applicant agrees that SoCalGas may stop work, terminate it, redesign the gas facilities to a different location, or take other action reasonably necessary to complete its work without incurring any Pre -Existing Environmental Liability. C. Withhold Rights. In addition to any other rights to withhold, SoCalGas may withhold from payments due Applicant such amounts as, in SoCalGas's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions. ISSM"W"ItMMYW4 SoCalGas requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than SoCalGas) shall be free of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall reimburse SoCalGas for the total cost of repair and/or replacement or SoCalGas may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are non-refundable and the amount of such reimbursements may be withheld by SoCalGas and offset against refundable amounts owed Applicant, when applicable. IV. TARIFF RULES / COMMISSION A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of SoCalGas's applicable tariff schedules and rules as submitted from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rule Nos. 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at www.socalgas.com or by requesting copies from your SoCalGas representative. B. This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. C. No agent of SoCalGas has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither SoCalGas nor Applicant shall be bound by them. V. JOINT AND SEVERAL LIABILITY Where two or more parties are Applicants for a Project, SoCalGas shall direct all communications, bills and refunds, when applicable, to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. VI. STUB EXTENSIONS For Applicant(s) receiving allowances, stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for ten years from the date of the stub installation. Refunds will be made without interest, and no refund will be made in excess of the amount advanced. VII. AUTHORIZED SIGNATURE If Applicant is a corporation, partnership, joint venture, or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture, or individuals as the case may be. My signature below represents my agreement and acceptance of the Project confirmation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension. I acknowledge and agree that SoCalGas's cost estimates and allowances, if applicable, for this Project were based on information provided by me or my authorized representative. I further acknowledge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize. APPLICANT: CITY OF BALWIN PARK BUILDING: ZOCALO By: zed T1—qna`Tu—r—eT-- rinE Name Title: Address: (Future bills, refunds, and correspondence will be mailed to the address provided) Telephone: Date: Social Security or Federal Tax ID No. M Date Mailed Project ID 00000259902 01/12/2024 Exhibit A COST AND ALLOWANCE CALCULATION (ESTIMATES) (x) Trenching by Company $ 59249.65 $ 0.00 Project Cost * Site Preparation Advance Required (Refundable) Advance Required (Non -Refundable) ITCCA (CIAC Tax) Payment Received Total Amount Due (x) Gas Only Trench $ 3864.17 Allowance Applied $ 55385.48 X 24 $ 55385.48 $ 0.00 $ 55385.48 $13292.52 $ 0.00 $ 68678.00 * Site preparation reimbursement for applicant provided trench will be treated per Tariff Rules 20 & 21 and payments, if any, will be based on the agreed upon price per foot times the actual footage of the trench used. Form 3905-D, Effective 09/05 Line Extension Contract #: 00000259902-3 If paying online, go to www.socalgas.com/exhibitA. If paying by mail or in Date Mailed person, detach and return this portion with your payment. 01/12/2024 THIS BILL IS NOW DUE AND PAYABLE CITY OF BALWIN PARK BUILDING: ZOCALO 14403 PACIFIC AVE SoCalGas. BALDWIN PARK, CA 91706 NBMS Project ID 00000259902-3 PLEASE PAY THIS AMOUNT 68678.00 9200025990201000000686780090000 92 000259902 9 Line Extension Contract ITEM NO. 9 �L�� TO: Honorable Mayor and Members of the City Council HI�B of - rH FROM: Ron Garcia, Director of Community Development sn iEL DATE: February 7, 2024 ,A,W;,� SUBJECT: Second Reading to adopt Ordinance No. 1508, "An Ordinance of The City Council of the City of Baldwin Park California, Amending Section 153.120.310 (B) of Chapter 153 Title XV of the Baldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms" LaIIJ,rrr.II= -A On December 6, 2023, the Baldwin Park City Council adopted Resolution No. 2023-041 certifying the mitigated negative declaration of environmental impact pursuant to the California Environmental Quality Act, introduced Ordinance No. 1508 by title only, entitled, "An Ordinance of The City Council of the City Of Baldwin Park California, Amending Section 153.120.310 (B) of Chapter 153 Title XV of the Baldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms" and adopted Resolution No. 2023-042 adopting the findings of fact approving a Conditional Use Permit (CP 22-11) for the operation of a hotel, a Variance (ZV 22-07) to deviate from the minimum number of required parking spaces, and Design Review (PR 22-46) to facilitate the renovation of an existing vacant hotel as an Extended Stay America". RECOMMENDATION It is recommended that the City Council approve and adopt Ordinance 1508 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS." FISCAL IMPACT There is no impact to the General Fund as a result of the recommended action. BACKGROUND On November 8, 2023, the Planning Commission reviewed the project and recommended approval to City Council. On December 6, 2023, the City Council held a public hearing to introduce Ordinance No. 1508 by title only, entitled, "An Ordinance of The City Council of the City of Baldwin Park California, Amending Section 153.120.310 (B) of Chapter 153 Title XV of the Baldwin Park Municipal Code, Relating to the Minimum Number of Hotel and Motel Guest Rooms" in association with 1. Certifying a Mitigated Negative Declaration of Environmental Impact analysis for the Project. Page 1 / 2 2. Approving Conditional Use Permit (CP 22-11) for the operation of the hotel use; 3. Variance (ZV 22-07) to reduce the number of parking spaces required from 76 to 60 parking spaces; and Design Review (PR 22-46) for the renovation of the existing vacant hotel building, parking lot, and landscaping improvements. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance No. 1508 Page 2 / 2 ORDINANCE NO. 1508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153, Zoning Code, implements the City's General Plan, establishing land use and development regulations in the City of Baldwin Park ("City"), which includes regulations governing hotel and motel development projects; WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153 Zoning Code, Section 153.120.310 (B) states that hotels and motels shall contain a minimum of one hundred (100) guest units as adopted by Ordinance 1346 on May 12, 2012; WHEREAS, the City has received an application from Lisette Sanchez -Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC (Applicant) for the rehabilitation and re -opening of the former seventy-two (72) room Regency Hotel. WHEREAS, the Applicant has prepared a comparative survey of surrounding cities' zoning code regarding the minimum number of hotel/motel rooms, which determined that many cities either have none or a smaller number of required minimum number of hotel/motel rooms; WHEREAS, the Applicant commissioned an independent consultant to prepare a market feasibility study for the proposed project, which concludes that the proposed 72- room hotel is financially viable; WHEREAS, the hospitality industry has recently experienced greater diversification of product types to reflect changing market demands; WHEREAS, the City desires to amend its local regulations to reduce the number of minimum hotel and motel guest units; WHEREAS, the City Planning Commission held a duly noticed public hearing on November 8, 2023 to consider the proposed Zoning Ordinance Amendment related to reducing the number of minimum hotel and motel guest units, and approved Planning Commission Resolution No. 23-24, recommending that the City Council adopt Ordinance No. 1508; and WHEREAS, on December 6, 2023, the City Council held a duly noticed public hearing on the proposed Zoning Ordinance Amendment related to related to reducing the number of minimum hotel and motel guest units, at which all those wishing to be heard were allowed to speak or present written comments and other materials. Ordinance No. 1508 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, and the evidence and records presented, the City Council determines the public health, safety and general welfare of the City, its residents, and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC) to reduce the minimum number of hotel and motel guest units from the current one hundred (100) guest units to seventy (70) or more guest rooms, and it is in the best interest of the community to amend the BPMC accordingly. The City Council further finds and determines that: A. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan, as they implement goals and policies of the General Plan. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the change only affects the minimum number of hotel and motel guest units or rooms. C. The proposed amendment has been analyzed pursuant to the requirements of the California Environmental Quality Act ("CEQA"), which concluded that any environmental impact created by the proposed code amendment would be less than significant mitigation ! f '• SECTION 2. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Subchapter 153.120.310 (B) is hereby amended as follows: PART 9 — Hotels and Motels § 153.120.310 Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to hotels and motels: "(B) Minimum number of guest units. The hotel or motel shall contain a minimum of a-W guest units 70 or more guest rooms. SECTION 3. California Environmental Quality Act ("CEQA"). The City Council finds that this Ordinance based on the information in the applications, an Initial Study was prepared for the Project pursuant to State CEQA Guidelines section 15063. The Initial Study concluded that the Project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of proposed mitigation measures, the City determined that a Mitigated Negative Declaration ("MND") Ordinance No. 1508 Page 3 of 3 should be prepared for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), and the State CEQA Guidelines section 15070 et seq.; and SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council. PASSED AND APPROVED ON THE 71" DAY OF FEBRUARY 2023 EMMANUEL J. ESTRADA, MAYOR ATTEST. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on December 6, 2023. Thereafter, said Ordinance No. 1508 was duly approved and adopted at a regular meeting of the City Council on February 7, 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK ITEM NO. in Honorable Mayor and Members of the City Council Karina Rueda, Human Resources Manager February 7, 2024 Claim for Damages Rejections SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Rosalba Pizano Castaneda The claimant alleges bodily injury. Paula Marie Esquerra The claimant alleges property damage. Saida Gonzalez The claimant alleges property damage. Manuel Lopez The claimant alleges bodily injury. Bryan Madrigal The claimant alleges property damage. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the City Council to consider since rejection of the claims are necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None Paget/1 ITEM NO. 11 SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation and Community Services February 7, 2024 Approval of Independence Day Spectacular Budget and Award of Agreement for Pyrotechnic Show with Pyro Spectaculars, Inc. The purpose of this report is for City Council to consider the approval of Independence Day Spectacular Budget and award of agreement to Pyro Spectaculars, Inc. in the amount of $23,000.00 for professional pyrotechnic service. RECOMMENDATION It is recommended that the City Council: 1. Approval of Independence Day Spectacular Budget; and 2. Award agreement to Pyro Spectaculars, Inc. for professional pyrotechnic services in the amount of $23,000; and 3. Authorize the Director of Recreation & Community Services to execute the attached agreement; and 4. Authorize the Director of Finance to appropriate from the Business Improvement Tax fund 230 in the amount of $23,000 and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The funding for the pyrotechnic fireworks of $23,000 will be from Fund #230. The total estimated event costs include pyrotechnic fireworks show, carnival rides, restrooms, permits, live entertainment, stage, sound, and lighting technician totals $76,556 as listed below. The funding for the remaining of $53,556 will be determined during the FY 2024-25 budget process. Independence Day Spectacular Show- Proposed Budget FY2024-25 Fulltime Part-time Professional Materials & Equipment `10'tltime <°. '::=='It ........e ." Maui a ": wit Total Personnel Personnel Services Supplies Rental I'ers©nYiel 00'—et uptiescrc�ruel „' Recreation Recreation Recreation Printing Recreation 'rt orks < "°°'Putrlie Recreation :works Work 975 2,431 55,000 1,950 8,000 3,300 900 500 3,500 76,556 BACKGROUND Last year at their March 1, 2023, City Council Meeting, City Council authorized the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services for the Independence Day Spectacular in 2023. Last year's pyrotechnic show was held on Monday, July 3rd totaling Page 1 / 2 $23,000.00. Therefore, the same RFP was issued on January 4, 2024, to solicit this year's RFP, with the event date to be held on Thursday, July 4, 2024. The RFPs were due on Monday, January 22, 2024. Unfortunately, due to the high demand and the ongoing effects due to COVID, Thursday, July 4th was not an option. Only four (4) companies in the United States exist to provide professional pyrotechnic services, they are Fireworks & Stage FX America, Garden State Fireworks, Inc., Pyro Spectaculars, Inc., and Zambelli Fireworks Inc. Since professional pyrotechnic services is a specialized field, staff took an active approach to increase the bid pool by placing several phone calls, emails, mailing and faxing letters to encourage the participation from these four (4) companies in the bidding process. Despite several efforts to reach out to all four (4) companies, Pyro Spectaculars, Inc. was the only vendor to submit a proposal for Wednesday, July 3, 2024, which met all the requirements set forth by the city, county, state, and federal guidelines. Fireworks & Stage FX America submitted a communication that they were completely booked and would get back to us if an opening became available. Zambelli Fireworks, Inc. Garden State Fireworks, Inc. did not submit any proposals. The pyrotechnic show will be conducted at Sierra Vista High School Athletic Field. The Independence Day Spectacular event attracts over 6,000 spectators and is viewed as the official summer kick-off in the community. ALTERNATIVES The City Council may elect not to approve the agreement and provide alternative direction. CEQA REVIEW In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA pursuant to Section 15061(b((3) of the CEQA Guidelines and the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Fireworks Display would not be an activity with potential to cause significant effect on the environment and is when it is not performed over sensitive habitat areas. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. RFP 2. Pyrotechnic Proposal Page 2 / 2 CITY OF BALDWIN PARK 4T" OF JULY SPECTACULAR 2024 REQUEST FOR PROPOSALS (RFP) The City of Baldwin Park (City) conducts an annual 4th of July Fireworks show (Show) as part of its 4th of July Spectacular. The Show is held at the Sierra Vista High School. The campus is used throughout the 4th of July Celebration for various other activities and entertainment. The City wishes to enter a one-year contract for a professional show with at least the following pyrotechnic displays: The show must be at least approximately 18 minutes in length without breaks with appropriate patriotic music accompaniment. The contractor will not be responsible for the sound system although must provide the audible portion of the show. FIREWORKS SPECIFICATIONS: Base Bid 1. Duration of display - 18-minute minimum. 2. Show will have a minimum of 2,000-fired pieces. 3. Fireworks Bid not to exceed $23,000. 4. Fireworks ignition — electronic. 5. $5,000,000 single limit liability insurance naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees, and volunteers additional insured. 6. Maximum shell size: 3". 7. Sand free firing racks. 8. No ground set pieces. 9. Music and voice narration CD provided. 10. Fall out zone to comply with National Fire Protection Association Code 1123, Los Angeles County Fire Department and any other government agencies. DELIVERABLES: Base Bid 1. Vendor and fireworks must arrive no later than 9:OOam on Thursday, July 4, 2024, at Sierra Vista High School, 3600 Frazier Street, Baldwin Park, CA 91706. The fireworks show to start at 9:OOpm sharp. 2. Vendor must provide all safety equipment for themselves and their crew. (Ear plugs, hard hats, eye protection, gloves, long sleeve protective clothing, etc.). 3. Vendor must provide all supplies needed for set-up and show which include but are not limited to hammers, racks, fuses, fire extinguishers, and anything needed to provide a successful show. PERMITS: 1. Vendor MUST obtain all permits or licenses required by law. Cost must be included in bid. 2. Vendor must obtain a business license permit from the City of Baldwin Park. The business license permit can be purchased at: City of Baldwin Park City Hall — 2nd Floor 14403 E. Pacific Avenue Baldwin Park, CA 91706 Business Hours — Monday - Thursday 7:30am to 6:OOpm Phone- (626) 960-4011, Extension, 119 3. Vendor MUST abide by all rules and regulations imposed by law including National Fire Protection Association Code 1123 and California Code of Regulations, Title 19, Chapter 6 and the California Health & Safety Code 12500-12726. Please note the vendor will be responsible for all permit fees required by Los Angeles County Fire Department and any other Government Agencies. The city is to be informed of any additional fees. MEETINGS: 1. PRIOR to the award of the contract, a representative must meet with City for a site inspection. 2. Meet with the City a minimum of two (2) times prior to the event. A pyrotechnic shooter must be present to review the site with City representatives one of these times. INSURANCE: 1. Provide insurance from a company authorized to do business in the State of California. 2. Must agree to hold harmless, indemnify and defend the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers and as additionally insured. 3. Vendor shall obtain at its sole cost and file with the City of Baldwin Park, City Clerk's Office, a policy or policies of insurance or a certificate of insurance and Vendor must obtain a business license permit from the City of Baldwin Park: a. Naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, its officers, agents, employees and volunteers and as additionally insured. b. Provide that said policy or policies shall contain a clear cancellation and/or reschedule provision, as to the City's options in case of inclement weather or severe wind. C. Each policy of insurance must be issued by an insurance company which is authorized to do business in the State of California. d. Insurance with the following limits. (1) Workers Compensation: Before beginning work, vendor shall supply proof of full workers compensation insurance for all persons to be employed directly in carrying out the work as specified in accordance with the laws of the State of California. (2) Comprehensive General Liability: (Bodily Injury and Property Damage) which shall include limits of at least $5 million single limit. PAYMENT: 50% to be due June 17, 2024, and balance due on July 11, 2024. PROPOSALS: Proposals must be submitted as follows: 1. Description of the proposed show indicating size and type of devise planned. 2. Contractor qualifications including required licenses (and expiration date) and references of other local municipalities served (minimum of three). 3. Proposed staffing with descriptions of experience and qualifications with Name and Contact numbers. 4. Proof of insurance or insurability. 5. Assurances that the proposal will comply with each of the requirements. 6. Quote for year, if the City chooses to extend the contract for two years. 7. Assurances as to quality of show and customer satisfaction. Please submit two (2) copies of your proposals by Monday, January 22, 2024, at 10:00am to: City of Baldwin Park Department of Recreation & Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Attention: Manuel Carrillo Jr. Proposals will be presented to the public at the above address on Monday, January 22, 2024, at 10:OOam. Proposals will be evaluated first on compliance with the requirements established in this request for proposal, safety record, training, and price. The City of Baldwin Park reserves the right to reject any and all bids for any reason. Any questions regarding this request for proposals, please contact Manuel Carrillo Jr., Director of Recreation & Community Services, at (626) 813-5269 or electronically at Mcarrillo@baidwinpark.com by Friday, January 12, 2024. January 17, 2024 City of Baldwin Park Armando Nava REM= Theatrical Effects: i I � � � I i � r, "11001HUM •� •. + 1'= El Spark Machines 0 Confetti/Streamers MARMOSIRIMMM=1 D Firecrackers Pyro Spectaculars, Inc. is delighted to present our proposal for the full -service custom-designdral PROGRAM A for the production of your upcoming event. We are confident that our producti capabilities and crew experience will result in the display of an unforgettable experience for yoll audience. E n cl o s ed —you wifff Ti—n-ff t1i re e i m p o rta n t a o c u m e n ts tn a t o u ti I n e o u r7t 1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event. 2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts. 3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and City of Baldwin Park that will be necessary for the execution of the production of your event, along with insurance limits and requirements. If you have any questions, or wish to discuss your program in detail, please do not hesitate to 1*F7'11Mr*W;Uuwn�,,*(f.If *m p(tivir ii-Q-sY,-�-I6-• -Re4eresentative, Carlos Mad 355-8120, extension 211. Ifflum um= �� Z= Pyro Spectaculars, Inc. P.O. Box 2329, Rialto, CA 92377 - Phone: (909) 355- 8120 - Fax: (909) 355-9813 Main Body - Aerial Shells escri Lion_Quantity 3" Souza Designer Selections 390 Total of Main Body - Aerial Shells 390 Pyrotechnic Devices escr% tion_Quantity Sousa Platinum Line Custom Multishot Device 300 Shots ♦ Sousa Emerald Line Custom Multishot Device 572 Shots ♦ Sousa Pro-formance Mulitshot Device 300 Shots Sousa Silver Line Custom Multishot Device 429 Shots Sousa Pearl Line Custom Multishot Device 100 Shots Total of Pyrotechnic Devices 1,701 Grand iale escri � uantity ♦ 2.5" Souza Designer Bombardment Shells 72 3" Souza Designer Bombardment Shells 120 Total of Grand Finale 192 Grand Total 2,283 Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. Pyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program A Rialto, CA 92377 July 3, 2024 Tel: 909-355-8120 :::: Fax: 909-355-9813 ll,,tg,-,, I ",IC4 PRODUCTION AGREEMENT This agreement ("Agreement") is made this day of _, 2024 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and City of Baldwin Park, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. I . ginggjigMent - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagemen) upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference. 1.1 PVW 1)jutiSj — PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the in#1141410ietll 101pell i A , z iW iw i t. i i ii i ti'me 01 TV OrK k Scope oi ii "— 04- 1 -1 o I worK ), attached nereto, 111COUPOMW 11CM11 UY Lins relerence, anu. [rid forth fully herein. IN 01 100 use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. Time and Place - The Production shall take place on July .320274, at approximately 2:0_0 P�4, at Sierra Vista High School. field behind bleachers 3600 FraAerSL, Baldwin Parl, LA, Site. 3. Fegs, Interest, and Expenses - 3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1 .5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees. 3.3 ElogggL7 PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic P4--"�Wy 3ersormel to set uy and dischar, g 9,,rotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work, 4, PjjoRjjg�q Right =s - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party - owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the 51, material and shall not be responsible in anyway for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain with t1tis Production, PYRO reserves the Any-re,,goductiorib,, sound video or other duglication or recoE�Ll_ng_proceas without the express written permission of PYRO is prohibited. 5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices, At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO, 6. Seeptity - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individu other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the publareas to which the public or contractors have access; or any other public orcontrac facilities associated with the Production. I 7, Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and cleanup of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up, I 'tyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program A Mialto, CA 92377 July 3, 2024 Tel: 909-355-8120 Fax: 909-355-9813 PaRc 2 nf,4 8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the Los Angeles County Fire Department, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any per -mission Or permit required by any Local, Regional, State or Federal Government. 9. PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with TY&O"s --W-tra,�ual lia�,c*Lu2Jde-,-tVs Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be firmished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or Lrevirit-ed hereby. shall secure maintain and provide their own insurance coverage with respect to their respective operations and services. 10. Imlem"ift - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner, Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, includingbut not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall inderyurify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not ted to, attomqgLaad-Q1hu-LcrofcssionaI fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. 11. Limitation SLf Damages for Oftfinaa Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in vird. tb e amount C LIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. 12. CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, oratthe scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled. 13. Rt seh n I e e I g_ - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee additio plus all a exp nses mad m*wvu-t days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July -t'Arwiric,ss-th�—rgynai ttastn iatg-w-as year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Rjktjj�� - CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee asset forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more is prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter, In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate ofthe damages PYRO will suffer if CLIENT cancels the Production. agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT, The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. 16. Applicable LgM - This Agreement and the fights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. 17. Notires - Arry Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, i nq-f� I Itims- PY1* - Jvrn qnect�cuN, Inc ii P-0. Box 2329 Rialto, California 1 92377 1 or for overnight delivery to 3196 N. Pyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program A Rialto, CA 92377 July 3, 2024 Tel: 909-355-8120 :::: Fax: 909-355-9813 Paac 44 18. Modification of Terms —All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 20. Erjtk±!rm —If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is nol accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. ssaz�� PRICE FIRM through April 1, 2024 FYFCT JTFTr bjZ � F MW 61' 640'. *0 City of Baldwin Park gy, By: Its: President Its: Date: Print Name A ME Pyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program A Rialto, CA 92377 July 3, 2024 Tel: 909-355-8120 :::: Fax: 909-355-9813 4 nt'4 SCOPE OF WORK and City of Baldwin Park("CLIENT") ;One Pyro Spectaculars, Inc., Production on hLy 3at approximately 9.00 at Sierra Vista High School, fidd ehin& bleathets3600 FraAer St. Baldwin ftrt�CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, eng,ince,ringwo _stems; %rearation of drawin s, ,�rogramrning, handling, staging, storage, and maintenance of products., props and sW (i diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits: Insurance Reauirements Limits $1,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) W �Lr ke r �-,' C o �me n s a I �ion Statutory EmT)lover Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union all Site securit3* Police and Fir- Deyt. standb-,i..versonnel, sta ehands electr cians. audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. )� Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. Costs of all permits required for the presentation of the Production and the event as a whole. Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction §Q-qk84*Zf a-t` set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. * A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. FUNNIM16M MMAff AYMMAM AWWMM=Wj0WM=A R0- Box 2329 * RIalto, CA 92377 . (909) 356-8120 ... I .... 11 1 .... - =� City of Baldwin Park Armando Nava 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 In, DAM INVOCE # 1/17/2023 400 P.O. NO. T!F'MS DUE 4/1/24 DESM"ON INITIAL PRODUCTION FEE FOR SPECIAL FIREWORKS DISPLAY PROGRAM "A" ON JULY 3, 2024 1:18ADTA10 AMOUNT $11,500.00 C. U-STC) 6j"T R ITEM NO. 12 TO: Honorable Mayor and Members of the City Council �T H, FROM: Sam Gutierrez, Director of Public Works snB'ELPREPARED BY: David Lopez, Associate Engineer , w VA LE�r' ' ", nJAT4'L) ` DATE: February 7, 2024 SUBJECT: Approval of Revised Relinquishment Agreement with Caltrans for the Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Boundaries of the City of Baldwin Park SUMMARY This report seeks City Council approval of revisions to the current Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and collateral facilities within the City of Baldwin Park. This item was originally approved by the City Council on April 5, 2023 and is being brought back because of subsequent changes made by Caltrans staff post City Council approval. Caltrans submitted the updated Agreement which focuses on clean-up language to sections I, II, III, and added references to an updated Environmental Disclosure Memorandum (EDM). RECOMMENDATION It is Staff s recommendation that the City Council approve the updated Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no impact to the General Fund. BACKGROUND As part of the State's I- 10 Freeway widening project, portions of Garvey Avenue, Dalewood Avenue and certain parcels were acquired by the State and repositioned (narrowed) to accommodate freeway improvements and to use as a temporary construction easement. Among the properties taken were State owned parcels that were leased by the City for use as a public park and open space parkette known as "Roadside Park". Caltrans completed the freeway widening project in 2020 and is releasing its interest in the use of excess land, residual to the project, through property sale and/or relinquishment. On April 5, 2023, the City Council approved the Relinquishment Agreement and Adopted Resolution No. 2023- 01.3 entitled, "A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park." In December 2023 Caltrans sent City Staff an update to the relinquishment agreement that when approved will be taken for approval consideration to the California Transportation Commission (CTC). DISCUSSION In December 2023, staff received an update to the relinquishment agreement from Caltrans which was reviewed by the City Attorney and is recommended that City Council approve the revised Relinquishment Agreement. Since the intent of the Relinquishment Agreement and the resulting property relinquishment do not change, the Page I / 2 April 5, 2023, approved resolution will not need to be revised and is acceptable. The revised agreement provides clarified language to various agreement sections and makes reference to an. updated Environmental Disclosure Memorandum- Relinquishment of Parcel DD 980592-01-01, PM 31.8, City of Baldwin Park, Los Angeles County, California (EDM) dated May 17, 2023. Those changes have been vetted by the City Attorney and will not require a new resolution. The City will take ownership of the relinquished facilities upon approval by the CTC which is expected in March 2024 at which time the Resolution of Relinquishment and Caltrans's recording of the resolution takes place with the County Recorder's Office. It is the City's intent to start the design of improvements for Roadside Park as soon as the relinquishment is approved and recorded with the County Recorder's Office. ALTERNATIVES There are no recommended alternatives. The City Council adopted Resolution No. 2023-013 and approved Relinquishment Agreement on April 5, 2023. The updated agreement approval is a formality as Caltrans staff made minor changes to the agreement which have been reviewed and approved by city and legal staff. CEQA REVIEW The California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592-01-01 (EDM) dated May 17, 2023. To the extent that matters, the action contemplated by this report involves only the transfer of property rights, therefore the proposed action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Any future project contemplated on the parcel will be reviewed for CEQA compliance at that time. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Updated Relinquishment Agreement 07-5287 with Caltrans 2. Hazardous Waste Assessment dated May 17, 2023 3. Resolution No. 2023-013 Page 2 / 2 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 RELINQUISHMENT AGREEMENT (STATE HIGHWAY) This AGREEMENT, executed on and effective from (date) , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Baldwin Park, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway within CITY's jurisdiction. 2. CALTRANS intends to relinquish to CITY that portion of Interstate 10 on Garvey Avenue and Dalewood Avenue consisting of frontage roads, traveled way, shoulders, curbs and gutters, and sidewalks between Interstate 605 and Baldwin Park Boulevard as shown in Exhibit A, additionally the Dalewood Street drainage basin (Tract No 13211, Lots 22-28) will also be relinquished as shown in Exhibit A, which is attached to and made a part of this AGREEMENT, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on collateral facilities. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS's recording of said Resolution with the County Recorder's Office. 3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. 4. CALTRANS and CITY, individually referred to as PARTY and collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished. axeims"i CITY AGREES: 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 5. Execution of this AGREEMENT constitutes CITY's waiver of CALTRANS's obligation to provide ninety (90) days prior notice of CALTRANS's "Intention to Relinquish" as set forth in Streets and Highways Code Section 73. 6. To accept ownership, including all of CALTRANS's current obligations, rights, title, and interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS. 7. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the `ENVIRONMENTAL DISCLOSURE MEMO — RELINQUISHMENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA" (EDM) dated May 17, 2023. CITY has received and reviewed a copy of the above -referenced EDM. It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above -referenced EDM and if it determines that there is substantive or potentially substantive adverse change to the environment that did not exist at the time of the above -referenced EDM, CALTRANS shall immediately notify CITY of said changes. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect. Copies of the above -referenced EDM and any updates are available at the district environmental office. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. SECTION II CALTRANS AGREES: 8. To relinquish, upon the approval of the CTC's Resolution of Relinquishment, the RELINQUISHED FACILITIES. 9. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording. 2 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 10. Upon CITY's specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information. SECTION III 11. All portions of this AGREEMENT, including the Recitals section, are enforceable. 12. All CALTRANS' obligations and commitments under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming, and allocation of funds by the California Transportation Commission (CTC). 13. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC. 14. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS' facilities retained in those RELINQUISHED FACILITIES. 15. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM, dated May 17, 2023, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC's Resolution of Relinquishment. 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 16. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM, dated May 17, 2023, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC's Resolution of Relinquishment. 17. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT. 18. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. 19. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto. 20. This AGREEMENT shall terminate upon recordation of the CTC's Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder's Office, except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 CKI���;t��Q/l.i►i The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. CITY OF BALDWIN PARK Project Manager: _Sam Gutierrez_________ Phone Number: (626) 960-4011 x460 E-mail: sgutierrez@baldwinpark.com CALTRANS Project Manager: Mehdi Salehinik Phone Number: 213 269-0787 E-mail: mehdi.salehinik@dot.ca.gov 07-LA-10- 31.2/32.2 EA 11707 Project ID 0700000083 Agreement 07-5287 SIGNATURES PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Bv: Gloria Roberts D7 District Director By: Vickie Murphy District Budget Manager Bv: Meera Danday Deputy Attorney Department of Transportation 0 CITY OF BALDWIN PARK Bv: Enrique C. Zaldivar Chief Executive Officer Attest: Shirley Quinones Chief Deputy City Clerk APPROVED AS TO FORM & PROCEDURE: Bv: Marco A. Martinez City Attorney Nam; �CC +a� W W � J W � O Ct Ft w 1 ,'`' 9 Ic w m �z 1 W E- °C W + = h 1-0 L w LL M1� ¢ � Na0 hti fs Ss € i ., z i q CL _ IRV 11al 3SaW lit Sol 'KI 'A,%d ki3r{ 131k9M NY5 r— C7 w`. I L f 'W" RE State of California DEPARTMENT OF TRANSPORTATION Memorandum California State Transportation Agency Making Conservation a California Way of Life. To: Refugio Dominguez, Transportation Engineer Office of Design C Date: May 17, 2023 Attn: Aaron Foong, Transportation Engineer 07-LA-10 Office of Design C PM 31.8 SR-10/605 Direct File: Connector Design Build Project (Relinquishment EA 24540) PN: 1846-0700000431 EA: 07-24540 From: DEPARTMENT OF TRANSPORTATION OEE-HAZARDOUS WASTE BRANCH, SOUTH REGION DIVISION OF ENVIRONMENTAL PLANNING Subject: HAZARDOUS WASTE ASSESSMENT — RELINQUISHMENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA The Office of Environmental Engineering (OEE) is in receipt of your memorandum dated March 23, 2023, requesting a Hazardous Waste Assessment for the above -mentioned Director Connector Design Build Relinquishment project. The Office of Design C is working with the Right of Way Unit to relinquish Garvey Avenue and Dalewood Street and Parcel DD 980592-01-01 (referred to herein as "the Parcel") to the City of Baldwin Park. Parcel DD 980592-01-01 was originally a park owned by the State but will now be relinquished to the City as a collateral facility along with Garvey Avenue and Dalewood Street. The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. The two streets have been reconstructed and there is no hazardous waste according to the Hazardous Waste request from Office of Design C; however the Agreement section requests for an HMDD for the two paved streets. The purpose of this hazardous waste assessment is to identify known or potential sources of contamination or Recognized Environmental Conditions (RECs) that may adversely affect the Parcel. Pursuant to American Society for Testing and Materials (ASTM) 1527- 13, REC means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. This hazardous waste assessment was prepared based on a review of online historical and current aerial photographs and information available on the Los Angeles Water Quality "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 Control Board's GEOTRACKER and the California Department of Toxic Substances Control (DISC) ENVIROSTOR environmental databases. HAZARDOUS WASTE ASSESSMENT Material Containing Hazardous Waste Concentrations of Aerially Deposited Lead (ADL): The Parcel to be relinquished to the City along with Garvey Avenue and Dalewood Street were investigated for ADL. ADL is typically found along the unpaved areas adjacent to heavily traveled highways. ADL is the result of tailpipe emissions during the years that lead was used as an additive in gasoline. It is Caltrans' policy to evaluate and investigate those unpaved areas where they are impacted by projects to ensure that workers are properly protected from lead exposure through training and appropriate work practices, and to manage ADL containing soils in compliance with all applicable laws and regulations while minimizing costs to the project and future state liability. Hazardous waste law requires that this material, once excavated, be managed, transported, and disposed at a Class I disposal facility as a hazardous waste. OEE referenced relevant ADL Site Investigation (SI) reports to evaluate the extent and degree of ADL contamination in soil. The referenced reports are applicable to the project as the data collected are near the same Area of Contamination (AOC). OEE referenced Aerially Deposited Lead Site Investigation Report by Ninyo & Moore Geotechnical and Environmental Sciences Consultants for Lead Site Investigation Report Interstate 10 HOV Widening Project Expenditure Authorization No. 07-117070 in Los Angeles County, California. The total lead (TTLC) ranges from 5 mg/kg to 3300 mg/kg, the soluble threshold limit concentration (STLC) ranges from 0.48 mg/L to 74 mg/L, and the total toxicity characteristic leaching procedure (TCLP) ranges from 0.2 mg/L to 31 mg/L at various locations on Garvey Street. The total lead (TTLC) ranges from 5 mg/kg to 3800 mg/kg, the soluble threshold limit concentration (STLC) ranges from 0.23 mg/L to 170 mg/L, and the total toxicity characteristic leaching procedure (TCLP) ranges from 0.2 mg/L to 6.6 mg/L at various locations on Dalewood Street. Other Hazardous Waste Materials: OEE referenced Aerially Deposited Lead Site Investigation Report by Ninyo & Moore Geotechnical and Environmental Sciences Consultants for Lead Site Investigation Report Interstate 10 HOV Widening Project Expenditure Authorization No. 07-11 7070 in Los Angeles County, California. Per the report, boring 569-303 at 0.9 meters contain elevated metal of total chromium (Cr) at 600 mg/kg and nickel (Ni) at 440 mg/kg and boring 569- 404 at 0.6 meters contain elevated mercury (Hg) at 2.2 mg/kg. Environmental Database Review: "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 OEE reviewed the State Resources Water Control Board GEOTRACKER and the California Department of Toxic Substance Control (DTSC) ENVIROSTOR environmental databases to identify potential Recognized Environmental Conditions (RECs) with respect to potential soil, soil vapor, and groundwater related to planned improvements. The objective of the environmental research is to evaluate and determine if there are reported REC sites that exist that may impact the proposed improvements. Based on the database review, there are (6) REC sites within 600 feet radius search from the project location on Garvey Avenue, Dalewood Street and the Parcel at PM 31.8. 1) STEINY AND COMPANY INC (T0603785128) located at 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) The site is located on Garvey Avenue. The potential contaminants of concern is diesel and the potential media of concern is under investigation. The case is closed as of 9/25/2008. Based on the Site Assessment Report by Steiny and Company dated January 2006, the site is utilized as an operating industrial property with service and manufacturing businesses operating in the existing two story facility structure. An open area utilized for truck staging is to the north of the structure. One 10,000 gallon underground fuel storage tank, one 5,000 gallon underground storage tank and two product dispensers were removed from site in 1999. Detectable concentrations of total petroleum as diesel (TPH-d), toluene, ethylbenzene and xylenes were reported in the sample beneath the diesel dispenser. The depth to groundwater was 74.7 feet when measured in April 2005. One geoprobe exploratory soil boring was advanced to a total depth of 26 feet below surface grade (bgs) in 2005. Analytical test results reported no detectable concentrations of TPH-g or BTEX, MTBE or oxygenate compounds in any of the soil samples collected during the investigation. Based on the anticipated depth of groundwater, lack of any detectable hydrocarbons in any of the soil samples, the report concluded that any environmental risk is minimal and no further remedial or assessment activities are warranted. Based on the above information, the site should not be of adverse effect. 2) SHELL (T0603702625) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) The site is located approximately 20' north of the project site. The potential contaminants of concern is gasoline and the potential media of concern is aquifer used for drinking water supply. The case is closed as of 7/27/1994. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect. 3) SHELL SERVICE STATION (FORMER) (T0603792879) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) The site is located approximately 159' northeast of the project site. The potential contaminants of concern is gasoline and the potential media of concern is aquifer used for drinking water supply. According to soil boring-31, toluene was detected in the soil "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 but not exceeding Environmental Protection Agency (EPA) Regional Screening Limit (RSL). According to soil boring-32, arsenic, barium, cobalt, copper, mercury, o-xylene, tert-butyl alcohol (TBA), toluene, vanadium, xylene isomers m&p, and zinc were detected below EPA RSL limit and chromium was detected at 8.65 mg/kg, ethylbenzene at 2000 ug/kg, and total petroleum hydrocarbon (TPH) as gasoline at 1600 mg/kg, all of which are above the EPA RSL limit. The depth to groundwater is approximately 97.25 feet. The case is closed as of 11/20/2003. Based on the above information, the site should not be of adverse effect. 4) ALTMAN'S WINNEBAGO (T10000014817) located at 1201 Baldwin Park Boulevard, Baldwin Park, CA 91.706 (Status: Completed — Case Closed) The site is located approximately 202' east of the project site. The potential contaminants of concern is not specified and the potential media of concern is not specified. The case is closed as of 1/l/1996. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect. 5) ALTMANS (T10000014496) located at 1155 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed — Case Closed) The site is located approximately 376' southeast of the project site. The potential contaminants of concern is not specified and the potential media of concern is not specified. The case is closed as of 10/31/1996. No additional information is available on Geotracker. Based on the above information, the site should not be of adverse effect. 6) ABANDONED SERVICE STATION (T0603705440) located at 13477 Dalewood Street, Baldwin Park, CA 91706 (Status: Completed — Case Closed) The site is located approximately 558' southeast of the project site. The potential contaminants of concern is waste oil / motor / hydraulic / lubricating and the potential media of concern is soil. The case is closed as of 8/1/1997. Based on Underground Storage Tank Case Closure report dated August 1997, no further action related to the underground storage tank release is required. The Site Cleanup Unit has reviewed the site characterization data and has determined that all chlorinated compound contamination, primarily PCE, is at or below soil cleanup criteria and no further assessment or remediation of those compounds is required. Based on the above information, the site should not be of adverse effect. Site Reconnaissance: Previous Hazardous Waste Assessment dated August 31, 2020 indicated the parcel consisted of 34,889 square feet sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow spillway trench is located in the northeastern corner of the Parcel and reinforced concrete pipe and inlet and driveway located in the northwestern corner. The infiltration basin is enclosed by chain link fencing. Prior to the Caltrans Freeway Widening Project, the Parcel was used as a park owned by the City of Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 Baldwin Park until 2012. Based on online historical aerial photographs, Garvey Avenue and Dalewood Street were constructed between 1952 and 1964 and the infiltration basin was constructed between 2014 and 2016. This review is applicable to the scope of work described above. Any changes in the scope of work will require a Hazardous Waste Re -Assessment. If you have any questions, I can be reached at Tuanchi.Liu@dot.ca.gov, (213) 269-1.109, or contact Connie Tsui of my staff at Connie.Tsui@dot.ca.gov, (213) 332-0635. Tuanchi (Jack) Liu, PE., STE District Hazardous Waste Branch (South Region) Office of Environmental Engineering (OEE) Division of Environmental Planning Attachment(s): Reference: 08.31.20 Excess Parcel HWA-DD-980592-01-01.OR004 F1860C-4C Ref-1267 (Hap) 4-20-22 File: D07ENvP@Docs Eduardo Aguilar — Division of Environmental Planning "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 ENVIRONMENTAL DATABASE "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) Hazardous Waste Assessment May 17, 2023 EXISTING ADL BORING LOCATIONS "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" State of California DEPARTMENT OF TRANSPORTATION Memorandum To: Refugio Dominguez, Transportation Engineer Office of Design C Submitted Connie Tsui, Transportation Engineer By: Office of Environmental Engineering HQ Arron Rambach, PE4 2 on /29/23 Notified: Caltrans Headquarter Hazardous Waste, Air Noise & Paleontology Office From: DEPARTMENT OF TRANSPORTATION OEE-HAZARDOUS WASTE BRANCH, SOUTH REGION DIVISION OF ENVIRONMENTAL PLANNING California State Transportation Agency Making Conservation a California Way of Life. Date: May 31, 2023 07-LA-10 PM 31.8 SR-10/605 Direct File: Connector Design Build Project (Relinquishment EA 24540) PN: 1846-0700000431 EA: 07-24540 Subject: ENVIRONMENTAL DISCLOSURE MEMO — RELINQUISHMENT OF PARCEL DD 980592-01-01, PM 31.8, CITY OF BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA This memo combined with the attached Hazardous Waste Assessment (Exhibit C), dated May 1.7, 2023, presents an assessment of known or likely hazardous materials and waste related concerns pertaining to relinquishment Parcel DD 980592-01-01 as a collateral facility along with Garvey Avenue and Dalewood Street. The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. Site Description The Parcel is located south of Interstate 10, PM 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. Parcel DD 980592-01-01 along with Garvey Avenue and Dalewood Street are identified on the attached drawing Exhibit A (Relinquishment Map REL-1267) and Exhibit B (Right of Way Record Map No. F-1.860C-4C). Site Reconnaissance Parcel DD 980592-01-01 was originally a park owned by the State but will now be relinquished to the City as a collateral facility along with Garvey Avenue and Dalewood Street. The two streets have been reconstructed. Previous Hazardous Waste Assessment dated August 31, 2020 indicated the parcel consisted of 34,889 square feet sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) May 31, 2023 spillway trench is located in the northeastern corner of the Parcel and reinforced concrete pipe and inlet and driveway located in the northwestern corner. The infiltration basin is enclosed by chain link fencing. Prior to the Caltrans Freeway Widening Project, the Parcel was used as a park owned by the City of Baldwin Park until 2012. Based on online historical aerial photographs, Garvey Avenue and Dalewood Street were constructed between 1952 and 1964 and the infiltration basin was constructed between 2014 and 2016. Utility Easements and Pipelines Review of the Pipeline and Hazardous Materials Safety Administration's (PHMSA) National Pipeline Mapping System (NPMS) public viewer revealed no accidents/incidents (liquid and gas), gas transmission pipelines, hazardous liquid pipelines, LNG plants, breakout tanks within the relinquishment area. Environmental Database (Geotracker / Envirostor) Caltrans reviewed the State Water Resources Control Board GEOTRACKER and the California Department of Toxic Substance Control (DTSC) ENVIROSTOR environmental databases to identify potential Recognized Environmental Conditions (RECs) with respect to potential soil, soil vapor, and groundwater related to planned improvements. The objective of the environmental research is to evaluate and determine if there are reported REC sites that exist that may impact the proposed improvements. Based on the database review, there are (6) REC sites within 600 feet radius search from the project location on Garvey Avenue, Dalewood Street and the Parcel at PM 31.8. A summary of the cases from the information provided in Geotracker / Envirostor are included in the PHWA. 1) STEINY AND COMPANY INC (T0603785128) located at 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) 2) SHELL (T0603702625) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) 3) SHELL SERVICE STATION (FORMER) (T0603792879) located at 12999 Garvey Avenue, Baldwin Park, CA 91706 (Status: Completed — Case Closed) 4) ALTMAN'S WINNEBAGO (T10000014817) located at 1201 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed — Case Closed) 5) ALTMANS (T10000014496) located at 1155 Baldwin Park Boulevard, Baldwin Park, CA 91706 (Status: Completed — Case Closed) 6) ABANDONED SERVICE STATION (T0603705440) located at 13477 Dalewood Street, Baldwin Park, CA 91706 (Status: Completed — Case Closed) Aerially Deposited Lead Tetraethyl lead was first added to gasoline, as an anti -knock additive, in the early 1920s. California ended the use of leaded fuel for any on -road motor vehicles in 1994, within the remainder of the United States banning use in 1996. Lead is still an additive to aviation fuels. Particulate lead was discharged in vehicle exhaust settling on and along California's highways. The lead discharged from motor vehicles that accumulated in roadside soil is "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: 07-24540 (PN: 1846-0700000431) May 31, 2023 referred to as aerially deposited lead (ADL). Elevated concentrations of ADL are present in roadside soils throughout California. Due to use history of relinquishment area and surrounding area, ADL may be present within the area to be relinquished. Caltrans had historical ADL reports near the vicinity of relinquishment area. Soil with elevated ADL must be appropriately managed. Striping / Pavement Markings Lead chromate was a constituent of striping paint and pavement marking materials but has been phased out by Caltrans. However, older striping and pavement marking materials having elevated concentrations of lead may still be present. Caltrans did not test these materials to determine if they contain lead chromate. These materials must be appropriately managed if they contain elevated lead chromate. California Geologic Survey Mineral Hazard Database Review The California Geologic Survey has compiled maps identifying mineral hazards within California, including petroleum, lithologic units and structures containing naturally occurring asbestos, mercury, asbestos, and other mineral hazards. These maps indicate that the relinquishment area is not located within a geologic unit known to contain naturally occurring asbestos, ADL burial sites, or other hazardous minerals. There are no known mine locations, geothermal wells, oil & gas seeps, thermal springs, faults, mining districts, NOA rock units, and mining disturbed areas identified on the Division of Conservation Geologic Energy Management Division (Ca1GEM) maps within or adjacent to the relinquishment area. Attachment(s): Reference: Exhibit B F1860C-4C Exhibit A Ref-1267 (Map) 4-20-22 Exhibit C Hazardous Waste Assessment cc: D07ENvPingDocs Eduardo Aguilar — Division of Environmental. Planning "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" RELINQUISHMENT MAP REL-1267 65,ZNo4 LN 59z000Z0VOZ�,3"0 L 30 3NI 1 '1S 1OHiV N N W � W 6� O m z m a m + In O a W O QV wo J inmor- w p _D < - C In 0 Q Q C) -0- � O � I.. w G z ID z O a ^ O w z O z w-a--I- wozaa z 00 0 m �oz O I-00 _ 3- 0 a O U CC W 7. c. 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F-1860C-4C �a 1 1 1.0 �I ,00" ll r— 92-9099 L-J dM 33S NOIivnNIlN00 dOJ w y w G7 J 0 W Q OF F- axo C�y W tL� c Q '7" W O F w m ~�/ N 0- O j O O /� Z Q 4 Q P 0 J W C z U � N 0 0 ma o �E a uE Not w r� +Eov Ld a E r E m c a c += EE . No c Y IE w IL � a c NE m N cN _ v+ N c E_ - 7 - N UNoll++ chw o�o �ooll2 11 �i Qt l� c Oowo[���ioiw�r�o11-1 i-Oa caw aaoc>i.�. �.w»1[., I OO NN # l0 CO I 0 O p 0 0 b0 Z � 00 r Q r2 r2 LU N N Q iwof O O 0. pp w z a w w z N } w 03 c N O N L w O t, X w - w L u O� w w cr IN w a W T--- F Z Q O F Z Q o000 J U (O tD tL> tO h4�h- h- r. N .- .-- Ot .I- N r✓ <N1NNooMM.t-m-0 Q a0 a5 vl V c b. b ct v' � to to O d 8^r+Orn�mb000 l0©m.....mOO.�mmm E HAZARDOUS WASTE ASSESSMENT STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D (NEW 03/2009) Page 1 of 3 This document provides written disclosure that the referenced property, as shown on the map(s) attached, has been reviewed by the District Hazardous Waste Technical Staff (located in Environmental or Environmental Engineering) and provides direction regarding property disposal based upon that review. 6/29/2023 DATE F1860 APPRAISAL MAP NO. 12/31/2023 MAP DATE These Parcels Can Be Sold or Excha RW PARCEL NUMBER(S): 980592-01-01 Garvey Avenue Dalewood Street These Parcels Can Be Sold or Excha RW PARCEL NUMBER(S): ACTION SUMMARY With Full Information Disclosure: These Parcels Can NOT Currently Be Sold or Excha RW PARCEL NUMBER(S): 07/LA/ 10 PM 31.8 DIST/CO/RTE/PM (KP) 24540 EA 0700000431 PROJECT NAME OR DESCRIPTION See subsequent pages for detailed information regarding property condition and status. Form Prepared By: Approved by District Hazardous Waste Supervisor 6/30/2023 Date STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 2 of 3 HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D ( NEW 03/2009) Parcel #s HAZARDOUS MATERIALS DISCLOSURE DOCUMENT- DISPOSAL DETAIL 1. Based upon an Initial Site Assessment, the referenced parcel(s) are considered free of significant hazardous materials (describe potential sources of minor contamination in the Comments section). Subject parcel(s) can be sold or exchanged. 2. The referenced parcel(s) do not require cleanup cost estimates, but have been identified as having: (a) minor soil contamination. A hazardous waste Site investigation [❑ has / ❑ has not ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged.; (b) contaminated groundwater under the property. A hazardous waste Site investigation [ ❑ has / ❑ has not ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). The source of contamination has been determined not to be attributed to the Caltrans property or operations (an indemnification letter from the local, state or federal regulatory authority [ ❑ is / ❑ is not ] attached). Subject parcel(s) can be sold or exchanged.; (c) contaminated groundwater under the property. A hazardous waste Site investigation [ ❑ has / ❑ has not ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). However, the source of contamination has been removed or remediated to regulatory cleanup levels (attach closure letter). Subject parcel(s) can be sold or exchanged with full information disclosure.; (d) lead soil contamination, probably as a result of aerial deposition of vehicular gasoline emissions. A project specific hazardous waste Site Investigation [ ❑ has / ❑ has not] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged with full information disclosure.; (e) hazardous materials previously present on the referenced parcel(s) that have been sufficiently remediated. A hazardous waste Site Investigation[ ❑ has / ❑ has not] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). A regulatory closure letter, if appropriate, is attached. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 3 of 3 HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D ( NEW 03/2009) 3. This document includes, as an attachment, a hazardous waste Site Investigation report stating the nature and extent of contamination and cleanup cost estimates for the referenced parcel(s). However, cleanup is not required pursuant to state or federal law. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions.. 4. This document includes the hazardous waste Site Investigation work schedule or cleanup plans, schedule, and current status for the referenced parcel(s), as an attachment. The work will be completed by [ ❑ Caltrans / ❑ a responsible party ]. The subject parcel(s) can not be sold or exchanged until remediation is complete The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). 5. The referenced parcel(s) have been identified as containing or potentially containing, hazardous materials and can not be sold or exchanged. The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). The Hazardous Materials Disclosure Document - Disposal will be updated when the parcel can be sold or exchanged. In addition: (a) an appropriate hazardous waste Site Investigation must be performed to determine the nature and extent of contamination, and remedial cost estimates. Proper charging codes and expenditure authorization (EA) need to be provided to the District Hazardous Waste Technical Specialist. Site Investigation is anticipated to be completed by (date).; (b) a hazardous waste Site Investigation, for potentially contaminated adjacent property, will be scheduled by the District Hazardous Waste Technical Specialist when a permit to enter is obtained by the District/Region Right of Way Office. The permit request was submitted on (date) and the Site Investigation is anticipated to be completed by (date).; (c) hazardous waste Site Investigation studies are complete and either a regulatory case closure is being obtained or the site requires cleanup or long-term monitoring. Resolution is expected by (date).; ( 980592-01-01 ) 6. Other: Explain in the Comments section below. (NOTE: Disposal of property without adequate investigation is an unacceptable risk. If adequate investigation has not been completed, use #4 or #5 above). Comments Please see attached Excess Parcel Hazardous Waste Assessment (5/31/2023) for 980592-01-01, Garvey Avenue, and Dalewood Street. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. RESOLUTION NO. 2022-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE RELINQUISHMENT OF EXCESS PROPERTY KNOWN AS ROADSIDE PARK ADJACENT TO INTERSTATE 10 (1-10) FREEWAY WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF BALDWIN PARK � r r: '• s r • II i i �'ir [019 11 Nam 104.11 RIM A TO !' r i • . • WHEREAS, the City will waive the State's obligation to provide ninety (90) days prior notice of State's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code; and WHEREAS, After the effective date of relinquishment by the State, the City will assume ownership of the RELINQUISHED FACILITY, at no cost to the State, in its as -is condition, including all of State's current obligations, rights, title and interest in RELINQUISHED FACILITY, including but not limited to maintenance, control, liability and obligation; and WHEREAS, The City agrees that RELINQUISHED FACILITIES are currently in a state of good repair; and WHEREAS, City is to accept the RELINQUISHED FACILITY in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the 07-LA-10-PM 31.8 Excess Land Hazardous Waste Assessment Parcel DD 980592- 01-01 dated August 21, 2020. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. All of the above recitals are all true and correct. SECTION 2. The City Council hereby approves the resolution to accept the ownership of the RELINQUISHED FACILITY to the City, subject to California Transportation Commission's approval of the Relinquishment Resolution. SECTION 3. The City Clerk shall certify to the adoption of this Resolution Resolution No. 2023-01 Emmanuel J. Estra Mayor kk) ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 8S. CITY OF BALDWIN PARK 1, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-013 was duly adopted bythe City Council of the City of Baldwin Park at a regular meeting thereof held on April 5, 2023, and that the same was adopted by the following vote to wit AYES: COUNCIL MEMBERS: VILA, AYALA, DAMIAN, GARCIA, ESTRADA NOES: COUNCIL MEMBERS: MOM Christopher Saenz CITY CLERK ITEM NO. 13 �L�� TO: Honorable Mayor and Members of the City Council HI�B of - rH. FROM: Sam Gutierrez, Director of Public Works sn 'EL PREPARED BY: Romany Basilyous, ,A,W;,� DATE: February 7, 2024 SUBJECT: Approval of a Use and Maintenance Agreement (UMA) with the County of Los Angeles for Storm Drain Connection related to the Barnes Park Multi -Benefit Stormwater Capture Project, CIP 21-198 SUMMARY This report seeks City Council approval for a Use and Maintenance Agreement (UMA) with the County of Los Angeles Flood Control District for use and maintenance of a connection to an existing Storm Drain as part of Barnes Park Multi -Benefit Stormwater Capture Project, CIP 21-198. RECOMMENDATION Staff recommends that the City Council approve the Use and Maintenance Agreement with the County of Los Angeles Flood Control District for the use and maintenance of the County right-of-way for a storm drain connection related to the Barnes Park Multi -Benefit Infiltration Project and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no impact to the general fund. Sufficient Safe Clean Water Grant funds are available to cover the cost for the Los Angeles storm drain connection permit and to implement the agreement. Maintenance and operations costs will be absorbed by the various maintenance cost centers in future Public Works budgets throughout the term of the UMA. BACKGROUND On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the District for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups. In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735,690 programmed over four years through FY2023-2024. Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking -in the programmed funds to be disbursed in advance over the 4 years. In August 2019, the City applied for supplemental funds for park improvements via the State's Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable. Page 1 / 2 Having secured the necessary funding, staff prepared and circulated a Request for Proposals for design services. The proposals were reviewed and evaluated by staff and ultimately selected CWE as the design consultant based on the qualifications and understanding of the scope of work, technical expertise, and relevant experience. On May 19, 2021, the City Council accepted a proposal and approved a Professional Services Agreement (PSA) with CWE for civil design and stormwater services for the Project in the amount of $709,853. On September 1, 2021, the City Council approved a PSA with David Volz Design (DVD) for in the amount of $351,780 design services for surface enhancements, landscaping and two (2) new dog parks. DVD is an approved firm as part of the City's established on -call list for landscape architectural design services and was selected for their expertise with similar projects and was deemed the best fit for this Project. On September 20, 2023, the City Council approved project plans and specifications and authorized publishing a Notice Inviting Bids for the City Project. DISCUSSION Barnes Park Multi -Benefit Stormwater Capture Project improvements include the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and a flow meter, stormwater pretreatment system, expansion and rehabilitation of the onsite parking lot, new diagonal street parking along Patritti Avenue, updated play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought -tolerant landscaping, installation of new play equipment, polygon shade structures, installation of picnic tables and BBQ grills, park expansion to the north (futsal court), restroom addition in the community center, improved basketball courts, and swales with pedestrian walkways. As part of the construction phase, a connection to an existing 81" reinforced concrete pipe (RCP) will be required. The RCP is located on the northside of Barnes Park, and it is currently owned and maintained by Los Angeles County Flood Control District (LACFCD). The City of Baldwin Park has applied for the storm drain connection permit, however, LACFCD requires that a Use & Maintenance Agreement (UMA) between the District and the City must be executed, and a draft Operation and Maintenance Manual must be approved, prior to the issuance of the permit. ALTERNATIVES 1. The City Council may choose to reject the Use and Maintenance Agreement. This Action is not recommended as rejecting the agreement will delay the completion of the project and the City may risk losing grant funds. 2. Provide staff with alternate direction. CEQA REVIEW A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Use and Maintenance Agreement 2. Exhibit A Page 2 / 2 AGREEMENT No. B 19705 SUPERVISORY DISTRICT 1 USE AND MAINTENANCE AGREEMENT This USE AND MAINTENANCE AGREEMENT (hereinafter referred to as AGREEMENT), is made and entered by and between the Los Angeles County Flood Control District, a body corporate and politic (hereinafter referred to as DISTRICT), and the City of Baldwin Park, a municipal corporation, (hereinafter referred to as OWNER). DISTRICT and OWNER are collectively referred to as PARTIES. RECITALS WHEREAS, OWNER proposes to construct the Barnes Park Multi -Benefit Stormwater Capture Project (hereinafter referred to as PROJECT); to treat and recharge incoming stormwater and urban runoff to enhance water quality and local water supplies and provide public recreational amenities; WHEREAS, DISTRICT owns and operates a storm drain known as Bond Issue (BI) 9705 and associated right of way, hereinafter collectively referred to as DISTRICT FACILITIES, which is located near Barnes Park where Bess Avenue ends at Patritti Avenue. WHEREAS, the following portions of the PROJECT (hereinafter referred to as IMPROVEMENTS), depicted in Exhibit A, are proposed to be located within DISTRICT FACILITIES: • Diversion Structure, Station 4+90 WHEREAS, the DISTRICT will issue permit number FCDP2022000374, (hereinafter referred to as PERMIT), upon execution of this AGREEMENT to the OWNER for construction of the IMPROVEMENTS; NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the PARTIES agree as follows: SECTION 1: Authorized Use 1.1. The OWNER is authorized and permitted to use the DISTRICT FACILITIES for the construction, operation, maintenance, and repair of the IMPROVEMENTS in accordance with the terms and conditions of this Page 1 of 14 AGREEMENT and PERMIT. Any other use of the DISTRICT FACILITIES or any portion thereof by the OWNER is expressly prohibited. 1.2. The OWNER's use of the DISTRICT FACILITIES in connection with the PROJECT shall be nonexclusive and shall be subordinate to the uses of the DISTRICT FACILITIES by the DISTRICT, and the OWNER's use of the DISTRICT FACILITIES shall at no time interfere with the DISTRICT's use of the DISTRICT FACILITIES or the DISTRICT's use of its adjacent property. 1.3. This AGREEMENT is valid only to the extent of the DISTRICT's jurisdiction. The OWNER shall be responsible for obtaining authorization from other affected persons or agencies with property rights over the PROJECT area, and the consent of the underlying fee owner(s), as necessary. SECTION 2: Construction and Implementation of PROJECT 2.1. The OWNER understands and acknowledges that it is required to comply with the California Environmental Quality Act (hereinafter referred to as CEQA) prior to implementing the PROJECT and that the OWNER shall be the lead agency with respect to any and all CEQA compliance related to the PROJECT. In addition to its other indemnification obligations as specified below, the OWNER hereby agrees to indemnify, defend, and hold harmless the DISTRICT and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to the PROJECT that may be asserted by a third party or public agency alleging violations of CEQA or the CEQA Guidelines. 2.2 The OWNER is responsible for obtaining and complying with any permits or approvals required by agencies (federal, state and local) with regulatory jurisdiction over the construction and maintenance of the PROJECT and for all costs associated with obtaining and complying with the requirements and conditions of such permits or approvals including, by way of example, permit fees and compensatory mitigation expenses. The DISTRICT shall not be responsible for any costs associated with the construction of the PROJECT. In addition to its other indemnification obligations in Section 7 below, the OWNER hereby agrees to indemnify, defend, and hold harmless the DISTRICT and their elected and appointed officers, employees, and agents from and against all claims and/or actions related to the PROJECT that may be asserted by a public agency or third -party alleging violations of federal, state, or local laws, rules or regulations. Page 2 of 14 2.3. Upon completion of the construction of the PROJECT, the OWNER shall provide to the DISTRICT a complete set of the as -built plans for the PROJECT in an electronic format as specified by the DISTRICT. In addition, the OWNER shall provide geographic information system (hereinafter referred to as GIS) shapefiles for all maps depicting the PROJECT. SECTION 3: Operation and Maintenance of IMPROVEMENTS 3.1. The OWNER shall prepare an operation and maintenance manual (hereinafter referred to as O&M MANUAL) describing the operation, maintenance, and inspection practices, all permits required by federal, state or local regulatory agencies, and procedures and standards for the PROJECT components located on property of the DISTRICT, including maintenance schedules, identification of any specialty maintenance service providers, equipment usage, and a maintenance log sheet. 3.1.1. The OWNER shall not commence any work authorized by this permit until it has submitted a draft of the O&M MANUAL to the DISTRICT and the DISTRICT has approved the draft. 3.1.2. The DISTRICT shall provide the OWNER with comments on the draft O&M MANUAL within a reasonable timeframe of submittal. 3.1.3. The OWNER shall incorporate any and all reasonable comments submitted by the DISTRICT and shall deliver a final version of the O&M MANUAL to the DISTRICT prior to completion of work authorized by this permit. If the PARTIES cannot agree as to whether the DISTRICT's comments shall be incorporated, the PARTIES shall meet and confer in good faith to resolve such disagreement. 3.1.4. The work authorized by this permit shall not be deemed complete until the OWNER has delivered the final version of the O&M MANUAL to the DISTRICT as described above. 3.2. Discharges from the PROJECT shall comply with the following: 3.2.1 The OWNER shall not discharge any non-stormwater from the PROJECT to the DISTRICT FACILITIES or to any other storm drain owned or operated by the DISTRICT unless authorized by a permit to do so from the State Water Resources Control Board, the Los Angeles Regional Water Quality Control Board (Regional Board), or express written permission from the Executive Officer of the Regional Page 3 of 14 Board. The OWNER shall provide a copy of any such permit or express written permission to the DISTRICT prior to discharging any non-stormwater from the PROJECT to the DISTRICT FACILITIES or to any other storm drains owned or operated by the DISTRICT. 3.2.2 The DISTRICT shall establish notification and monitoring requirements for discharges from the PROJECT to the DISTRICT FACILITIES or to any other storm drains owned or operated by the DISTRICT and shall notify OWNER of these requirements in writing not later than the date DISTRICT provides the OWNER with comments on the draft O&M MANUAL and the OWNER shall comply with the requirements described in the written notice from the DISTRICT. 3.2.3. The DISTRICT may periodically update or revise the notification and monitoring requirements described in subsection 3.2.2 as the DISTRICT deems necessary to address changes in its MS4 Permit or other regulatory requirements or its operational requirements. The DISTRICT shall provide written notice to the OWNER of any updated or revised requirements and the OWNER shall comply with the updated or revised requirements immediately upon receipt of the written notice from the DISTRICT. 3.3. The OWNER shall, upon completion of construction, be responsible for the operation, maintenance, and repair of the IMPROVEMENTS in accordance with the terms and conditions of this AGREEMENT and the provisions of the O&M MANUAL. 3.4. The DISTRICT shall not be responsible for any costs associated with the operation and maintenance of the IMPROVEMENTS, including but not limited to, any costs related to repairs and/or replacement of components and obtaining, complying with and renewing as necessary all permits and approvals required by federal, state or local regulatory agencies. 3.5. The OWNER shall operate and maintain the IMPROVEMENTS in a safe, clean, and orderly condition, and in compliance with the O&M MANUAL and all applicable federal and state laws, rules and regulations, local ordinances (including the Los Angeles County Flood Control District Code) and applicable regulatory permits. 3.6. The OWNER shall be responsible to inspect the IMPROVEMENTS and clear any obstructions, sediment, or debris that may interfere with the proper functioning of the DISTRICT FACILITIES, including upstream and downstream of all connections to the DISTRICT FACILITIES. The limits of the OWNER's responsibility under this subsection shall be up to 100 feet for open channels and up to 50 feet for covered storm drains, from ends of connections in both directions as directed by the DISTRICT, at the DISTRICT's sole discretion. The OWNER shall take appropriate measures to make sure sediment does not enter the DISTRICT FACILITIES from the PROJECT. 3.6.1 The OWNER shall be responsible to address any People Experiencing Homelessness Encampments located within the portion of DISTRICT FACILITIES occupied by the IMPROVEMENTS that may interfere with the proper functioning of the DISTRICT FACILITIES, including up to 100 feet upstream and downstream of the IMPROVEMENTS for open channels and up to 50 feet upstream and downstream of the IMPROVEMENTS for covered storm drains, in a manner consistent with the policies of the DISTRICT, at OWNER's cost. 3.7. The OWNER shall provide the DISTRICT with 24-hour contact information for person(s) responsible for the operation and maintenance activities related to the IMPROVEMENTS. The DISTRICT shall provide the OWNER with 24-hour contact information for person(s) responsible for maintaining the DISTRICT FACILITIES. 3.8. The OWNER shall coordinate and communicate with the DISTRICT in regard to operation, maintenance, and repair activities related to the IMPROVEMENTS. 3.8.1. The OWNER shall notify the DISTRICT a minimum of thirty (30) days in advance of any major (non -routine) proposed maintenance activities related to the IMPROVEMENTS; provided, however, that in the event the OWNER becomes aware of the need to perform any such maintenance activities less than thirty (30) days from the date it proposes to perform said activities, it shall notify the DISTRICT immediately upon determining to perform the activities. 3.8.2. The OWNER shall notify the DISTRICT a minimum of forty-eight (48) hours in advance of accessing the DISTRICT FACILITIES to perform any routine maintenance activities related to the IMPROVEMENTS including trash removal, routine cleaning, and minor repairs. 3.8.3. The OWNER shall provide the DISTRICT with an annual summary report of its operations and maintenance of the IMPROVEMENTS and status of all related regulatory permits. The contents of the summary report shall include at a minimum the following information: a. Name of PROJECT; b. Location description; c. Project contact information; d. Description of the PROJECT and its function and direct impact to the DISTRICT FACILITIES and/or other DISTRICT right of way; e. Summary of operations within the reporting year, from July 1 st to June 30th of the following year, type of activities (i.e. routine, non -routine, and emergency), date and time of activities, and description of work performed; f. Summary of major repairs completed, including but not limited to, type of repairs, location of repairs, pre- and post -repair photographs, date and time of repairs; g. Summary of public inquiries and complaints related to the PROJECT and the OWNER'S response; h. Summary of volume captured or discharged from PROJECT; i. Status of any regulatory permits affecting the operation or maintenance of the IMPROVEMENTS; j. Status of any specialty contractor agreements required for ongoing maintenance and repairs of the IMPROVEMENTS; 3.8.4. The annual summary report shall be mailed to the following address by July 30t" each year: Attention: Senior Civil Engineer Los Angeles County Flood Control District Los Angeles County Public Works Stormwater Maintenance Division, Annex Building 2nd Floor Staff Support Section 900 South Fremont Avenue Alhambra, CA 91803-1331 3.9. The DISTRICT shall coordinate and communicate with the OWNER regarding any maintenance activities by the DISTRICT related to the DISTRICT FACILITIES that may impact the IMPROVEMENTS. 3.10. If the OWNER fails to perform any maintenance activities as provided for in this AGREEMENT in a timely manner, the DISTRICT reserves the right to remedy any such maintenance deficiency that the DISTRICT determines impairs the functioning of the DISTRICT FACILITIES or the DISTRICT's flood protection activities. However, prior to taking any action to remedy any such maintenance deficiency, the DISTRICT shall provide written notice to the OWNER of the deficiency. If the OWNER fails to correct the deficiency within thirty-five (35) days from the date of the notice or such longer period as the DISTRICT, in its sole discretion may agree to, the DISTRICT shall thereafter be entitled to correct the deficiency. Notwithstanding the foregoing, if the DISTRICT determines that immediate remedial action is required to prevent or mitigate a dangerous condition, the DISTRICT shall be entitled to implement the remedial action(s) after giving the OWNER as much notice as the DISTRICT determines is feasible under the circumstances. If the DISTRICT takes any remedial action pursuant to this Section, it shall prepare and send to the OWNER an invoice for all work undertaken by the DISTRICT to remedy any maintenance deficiency, and the OWNER shall, within thirty (30) days from the receipt of the invoice, reimburse the DISTRICT for all costs and expenses reasonably incurred by the DISTRICT to remedy said deficiency. 3.11. The OWNER shall be responsible for all community relations related to the PROJECT, including responding to public inquiries, complaints, etc. The DISTRICT shall forward to the OWNER any community relations, public inquiries, complaints, etc., related to the PROJECT. SECTION 4: Term 4.1. The term of this AGREEMENT shall be for fifty (50) years (Initial Term), subject to the DISTRICT's right to terminate the OWNER'S use as provided for in Section 5 in this AGREEMENT. 4.2. This AGREEMENT shall expire at the end of the Initial Term provided; however, the Chief Engineer of the DISTRICT or his designee may extend the term of this AGREEMENT, beyond the Initial Term, up to ten (10) years, subject to such terms and conditions as they deem appropriate, upon receipt of a written request from the OWNER, no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. SECTION 5: Termination of AGREEMENT 5.1. The DISTRICT shall have the right to terminate this AGREEMENT by giving the OWNER at least one hundred twenty (120) days prior written notice, under the following conditions: 5.1.1. The DISTRICT proposes a project for flood control, water conservation and/or any other use or purpose authorized by the Los Angeles County Flood Control Act; and 5.1.2. The DISTRICT determines, in good faith, that the IMPROVEMENTS or any portion thereof, would be substantially incompatible with the DISTRICT's proposed project; and 5.1.3. The DISTRICT has notified the OWNER of the basis for the DISTRICT'S determination that a substantial incompatibility will exist and has provided the OWNER with a reasonable opportunity to propose modifications to the IMPROVEMENTS that will eliminate the incompatibility; and 5.1.4. After consideration of any such modifications proposed by the OWNER, the DISTRICT, in its sole but reasonable discretion, determines not to incorporate any such modifications or determines that, notwithstanding any such modifications, a substantially incompatibility would still exist. 5.2. The DISTRICT shall have the right to terminate this AGREEMENT in the event the OWNER breaches any term or condition of this AGREEMENT and fails to cure such breach or breaches within a reasonable amount of time up to a maximum of one hundred twenty (120) days from the date the DISTRICT provides written notice of said breach or breaches to the OWNER. Upon receipt of a written notice of breach, the OWNER shall, within thirty (30) days of the date of the written notice, send the DISTRICT a written response describing the corrective measures that the OWNER proposes to implement. The PARTIES shall thereafter promptly meet and confer, in good faith, to reach agreement on the corrective measures. The OWNER shall not implement any corrective measure until it has been approved and agreed upon by the DISTRICT. 5.3. The DISTRICT shall have the right to terminate this AGREEMENT if construction of the PROJECT has not been completed within five (5) years from the date this AGREEMENT is fully executed. 5.4. The DISTRICT shall have the right to suspend or terminate this AGREEMENT in the DISTRICT's sole discretion, in the event the DISTRICT determines, in good faith, that it is necessary for the DISTRICT to enter and take exclusive possession of the DISTRICT FACILITIES or any portion thereof, in order to respond to an emergency as defined in Public Contract Code Section 1102. 5.5. The OWNER shall have the right to terminate this AGREEMENT for any reason, by giving the DISTRICT at least sixty (60) days prior written notice, subject to the OWNER's obligation to remove the IMPROVEMENTS described in Section 6, below. SECTION 6: Removal of IMPROVEMENTS and Restoration of the DISTRICT FACILITIES 6.1. Upon termination of this AGREEMENT, the DISTRICT may, in its sole discretion, provide a written notice to the OWNER to remove all or any portion of the IMPROVEMENTS, and to restore the DISTRICT FACILITIES to a condition similar to or better than that which existed on the effective date of this AGREEMENT (including sealing off all connections between PROJECT and DISTRICT FACILITIES). If the DISTRICT provides such notice, the OWNER shall comply with said notice within a reasonable time, but in no event exceeding one hundred eighty (180) days from the date of the notice or such longer period as the DISTRICT may in its sole discretion agree to. 6.2. Prior to commencing the removal of any IMPROVEMENTS within the DISTRICT FACILITIES, the OWNER shall apply for and obtain a permit for the removal activities from the County of Los Angeles Public Works, Land Development Division, Permits and Subdivisions Section, and shall also apply for and obtain any and all other necessary local, state, and federal permits applicable to the removal of the IMPROVEMENTS. 6.3. If the OWNER fails to comply with the DISTRICT's notice referred to in subsection 6.1, the DISTRICT may, in its sole discretion, remove any or all IMPROVEMENTS referenced in the DISTRICT's notice to the OWNER. 6.4. If the DISTRICT removes any IMPROVEMENTS pursuant to subsection 6.3, the DISTRICT shall submit a billing invoice to the OWNER indicating the costs and expenses reasonably incurred by the DISTRICT in connection with the removal of the IMPROVEMENTS and the OWNER shall reimburse the DISTRICT all such costs and expenses within thirty (30) days of the OWNER's receipt of a billing invoice from the DISTRICT. SECTION 7: Miscellaneous Provisions 7.1. Damage to DISTRICT FACILITIES or PROJECT 7.1.1. If any components of the PROJECT are damaged by any negligent act or omission of the DISTRICT, the DISTRICT shall repair and replace those components within a reasonable time frame after discovery or notice thereof. The DISTRICT shall be responsible for all costs related to these repairs and/or replacements. 7.1.2. If any components of the DISTRICT FACILITIES are damaged by any negligent act or omission of the OWNER (including its consultants and contractors), the OWNER shall repair and replace those components within a reasonable time frame after discovery or notice thereof. The OWNER shall be responsible for all costs related to these repairs and/or replacements. 7.2. The DISTRICT shall not be responsible for the expense of any relocation, alteration, or modification of the PROJECT, or any portion thereof except as provided for in this AGREEMENT. 7.3. Indemnification, Release, and Insurance. 7.3.1. The OWNER shall indemnify, defend, and hold harmless the DISTRICT, the County of Los Angeles, and their respective officers and employees from and against any claims, demands, liability, damages, costs and expenses, including without limitation, reasonable attorney fees and costs of litigation, arising out of or in any way connected to the construction, operation, maintenance, repair, modification, or removal of the PROJECT, or any portion thereof, except to the extent caused by the negligence or willful misconduct of the DISTRICT, the County of Los Angeles, or their respective officers, employees or contractors. 7.3.2. The DISTRICT shall indemnify, defend, and hold harmless the OWNER and its respective officers and employees from and against any claims, demands, liability, damages, costs and expenses, including without limitation, reasonable attorney fees and costs of litigation, arising out of or in any way connected to operation and maintenance of the DISTRICT FACILITIES exclusive of the IMPROVEMENTS, or any portion thereof, except to the extent caused by the negligence or willful misconduct of the OWNER or its respective officers, employees or contractors. 7.3.3. The OWNER releases the DISTRICT and waives all rights to damages for any loss, costs, or expenses the OWNER may sustain as a result of any damage to, or destruction of, the PROJECT, or any Page 10 of 14 portion thereof, attributable to flood or stormwaters, or any other runoff tributary to the DISTRICT FACILITIES, except to the extent such damages are caused by the negligence or willful misconduct of the DISTRICT or its officers, employees or contractors. 7.3.4. Without limiting the OWNER's indemnification of the DISTRICT, the OWNER shall procure and/or maintain, in full force and effect during the term of this AGREEMENT, insurance policies or a program of self-insurance providing for the following coverage related to the IMPROVEMENTS: 7.3.4.1. Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than two million dollars ($2,000,000) per occurrence. 7.3.4.2. Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the DISTRICT and the OWNER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, the OWNER in the course of carrying out the work or services contemplated in this AGREEMENT. 7.3.4.3. Automobile Liability Insurance: the OWNER shall procure such policy with coverage of not less than one million dollars ($1,000,000) per accident. 7.3.4.4. The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insurance. The OWNER shall furnish to the DISTRICT a Policy of Insurance evidencing the OWNER's insurance coverage no later than ten (10) working days after execution of the AGREEMENT. Upon renewal of said policy, the OWNER shall furnish to the DISTRICT a Certificate evidencing the OWNER's continued insurance coverage as required herein. 7.3.4.5. Should the OWNER elect to comply with this section through a program of self-insurance, OWNER shall provide a Certificate of Self -Insurance to DISTRICT indicating limits of such self-insurance coverage that meet or exceed those stated herein. Page 11 of 14 7.4. Relationship of Parties. The Parties are and shall remain at all times as to each other wholly independent entities. No Party to this AGREEMENT shall have power to incur any debt, obligation, or liability on behalf of another Party unless expressly provided to the contrary by this AGREEMENT. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party. 7.5. Binding Effect. This AGREEMENT shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each Party; provided, however, no Party may assign its respective rights or obligations under this AGREEMENT without prior written consent of the other Party. 7.6. Amendment. The terms and provisions of this AGREEMENT may not be amended, modified or waived, except by an instrument in writing signed by all the Parties. 7.7. Waiver. Waiver by any Party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. 7.8. Governing Law. This AGREEMENT is made under and will be governed by the laws of the State of California. In the event of litigation between the Parties, venue in the state trial court shall lie exclusively in the County of Los Angeles. 7.9. No Presumption in Drafting. All Parties have been represented by legal counsel in the preparation and negotiation of this AGREEMENT. Accordingly, this AGREEMENT shall be construed according to its fair language. 7.10. Severability. The provisions of this AGREEMENT are severable, and the invalidity, illegality or unenforceability of any provision of this AGREEMENT will not affect the validity or enforceability of any other provisions. If any provision of this AGREEMENT is found to be invalid, illegal, or unenforceable, the Parties shall endeavor to modify that clause in a manner which gives effect to the intent of the Parties in entering into this AGREEMENT. 7.11. Counterparts. This AGREEMENT may be executed in counterparts, which together shall constitute the same and entire Agreement. Page 12 of 14 7.12. Administration. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this AGREEMENT on behalf of such Party. 7.13. Notices Any correspondence, communication, or contact concerning this AGREEMENT, and all notices that are to be given or that may be given by PARTIES shall be directed to the following: Los Angeles County Flood Control District Los Angeles County Public Works Stormwater Planning Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Attention: Assistant Deputy Director Phone No.: (626) 458-4300 Fax: (626) 458-1526 Los Angeles County Flood Control District Los Angeles County Public Works Stormwater Maintenance Division, Annex Building Second Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Attention: Assistant Deputy Director Phone No.: (626) 458-4145 Fax No.: (626) 458-4165 City of Baldwin Park Department of Public Works 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: David Lopez Title: Associate Engineer Phone No.: (626) 960-4011 Ext. 458 FAX No.: (626) 962-2625 The PARTIES shall promptly notify each other of any change of the contact information specified in this Section, including personnel changes. Page 13 of 14 IN WITNESS WHEREOF, DISTRICT and OWNER have caused this AGREEMENT to be executed by their respective duly authorized officers, by DISTRICT on 2024; by OWNER on 2024. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, A body corporate and politic as Chief Engineer CITY OF BALDWIN PARK LIM Emmanuel J. Estrada, Mayor APPROVED AS TO FORM: Z Marco A. Martinez, City Attorney Best, Best & Krieger LLP Page 14 of 14 EXHIBIT A IMPORTANT NOTICE �pr,finn 42I6/4217 of the (,r)\/Prnr-npnf (r)(Ip require a Dig Alert Identification Number to be Issued before a Permit to Excavate will be valid. For your Dig Alert I.D. Number call CALL TOLL FREE 48 HOURS BEFORE YOU DIG JNLJLNCNUUNLJ SERVICE ALERT 1-800-227-2600 II i LACFCD EASEMENT-\- STA 4+36.2 C 0 0 C/) EXIST 81"0 RCP BALDWIN PARK - PROJECT NO. 9705 DWG. NO. 044625 M I I (MAINTAINED BY LACFCD) U'Y SDH INV 297.5 (297.39) BOTTOM OF CATCH BASIN RIM = (303.85) 2 SMH W D z W Cn Cn W 100 PLAN 1 "= 10' 10' 5' 0 101 600m, A a = M 11111i�i Eel STA 4+90 DIVERSION STRUCTURE RIM = 303.99± (MATCH EXIST STREET GRADE) 294.48 INV (81" RCP) 290.95 INV (DIVERSION STRUCTURE) /1%jpi LEGEND: CITY LIMITS OF MAINTENANCE BEYOND THE DIVERSION STRUCTURE SD EXISTING STORM DRAIN R/W CONSTRUCTION NOTES: PROTECT IN PLACE DIVERSION STRUCTURE 6" HDPE REVISION DATE DRAWN BY CHKD BY APPROVED DATE: 04/2023 JOB NO.: N/A DRAWN BY: AEA DESIGNED BY: KH PREPARED BY: - FESS/ ( SHEET OF .NAME: KATHRYN HARREL SCALE: -198 CHECKED BY: KH PROJ. ENGR.: DL BARNES PARK MULTI —BENEFIT WE7 PROJ. NO.:CIP21 V DATE: 9/30/2024 C N 8575�1. CITY O F BALDWIN PARK DRAWING NO. RCE NO.: C 85752 1561 E. ORANGETHORPE AVE. STORMWATER CAPTURE PROJECT SUITE 240 Exp. 9 30 FULLERTON, CA 92831 sciv DEPARTMENT OF PUBLIC WORKS TEL (714) 526-7500 OT F EXHIBIT A E-1 www.cwecorp.com I I ITEM NO. 14 Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police February 7, 2024 Authorization of funding for Vendor Billings -Motorola Solutions SUMMARY This report seeks authorization from the City Council to have additional funding in the amount of $109,371.34 added to the Police Department budget for payment of pending vendor billings that were encumbered by the Police Department for services rendered in FY2022-23. RECOMMENDATION It is recommended that the City Council 1. Authorize the Director of Finance to appropriate $109,371.34 from the General Fund and transfer to account 100-30-310-51100-00000 (Consultant Services). FISCAL IMPACT If approved, this authorization will add $109,371.34 from the General Fund and to the Police Department budget for FY2023-24 to meet the OS obligations. BACKGROUND In 1996, Baldwin Park Police Department entered into a contract with Motorola Solutions for the department's Computer Aided Dispatch (CAD) and Records Management System (RMS) for our software systems, communications network, and security technologies. Since that time, we have incorporated 21 modules, which have a bi-annual maintenance fee of $54,810.13, paid in September and March. On November 20, 2019, the City Council authorized entering into agreements with Motorola Solutions for the purchase of the Spillman Geographic Information System (GIS) module for $57,580. The purchase of this module also covered 3 years of maintenance payments until 2022. In 2022, Motorola Solutions invoiced the yearly maintenance payment of $14,850.00, as well as the remaining balance for the module, totaling $34,979.68. Beginning in 2022, the Interagency Communications Interoperability Joint Powers Authority (ICI JPA), which Baldwin Park Police Department is a member of, entered into a six -year agreement with Motorola Solutions to maintain the infrastructure of its radio system technology. This contract includes technical support, infrastructure repair, and network monitoring. The annual payment for this contract is $18,207.00. The additional funding required for the Consultant Services Account will be used to pay three unpaid Motorola Solutions bills - invoice no. 1187080969, no. 8230402070, and no. 8230275790, totaling $109,371.34. $34,979.68 will be used to settle obligations under invoice no. 1187080969, the year 3 Page 1 / 2 maintenance payment for our GIS Module. $54,810.13 will be used to settle obligations under invoice no. 8230402070, bi-annual cost for Motorola Solutions CAD maintenance. $18,207.00 will be used to settle obligations under invoice no. 8230275790, yearly radio system maintenance. Refer to the attached Motorola Solutions invoices and supporting documentation for further details. $1374.53 is needed to pay the remaining sales tax for the Spillman NIBRS/RIPPA modules purchased as the invoice totaled $46,374.53 and only $45,000.00 was appropriated in CIP 21-200, with ARPA grants in account #275-30-765-58105-53000. Upon learning of these account payable obligations, we discovered that due to an oversight by staff, the payment to the vendor was regrettably not processed when the purchase order was initially created. The pending invoice was only recently discovered, and as soon as leadership was apprised of the outstanding invoice, we promptly took action to correct this oversight by requesting additional funds to settle the amount owed to the vendor. Finally, we want to assure that we have conducted an internal review to determine the cause of this oversight, and as a result, appropriate administrative actions have been taken to prevent similar issues going forward, including strengthening processes and oversight around purchase order handling. We acknowledge room for improvement and have enhanced safeguards for processing authorized payments within expected timeframes. ALTERNATIVES 1. Authorize the transfer of funds. 2. Decline to authorize the transfer of funds. LEGAL REVIEW The proposed authorization does not require a legal review ATTACHMENTS 1. Invoice no. 1187080969 and documentation from Motorola Solutions totaling $34,979.68. 2. Invoice no. 8230402070 and documentation from Motorola Solutions totaling $54,810.13 3. Invoice no. 8230275790 and documentation from Motorola Solutions totaling $18,207.00 4. Staff report, sales quotes, and invoices for Spillman NIBRS/RIPPA module. Page 2 / 2 Page Ili ® MOTOROLA SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Transaction Total 500 West Monroe 1187080969 26-JUL-2022 34,979.68 USD Chicago IL 60661 United States P.O. Number P.O. Date Customer Account No Federal Tax ID: 36-1115800 ORD-04535-VOLlF1_PO 21-NOV-2019 1011360352 Payment Terms Payment Due Date Visit our website at %,Anv.motorolasolutions.com Net Due in 30 [lays 25-AUG-2022 Bill To Address Ship To Address BALDWIN PARK POLICE DEPT, CITY OF Project No: USCA20D016 BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE 14403 E PACIFIC AVE Project Name: BALDWIN PARK PD USCA20DO16 BALDWIN PARK CA 91706 BALDWIN PARK CA 91706 United States United Stales IMPORTANT INFORMATION For all invoice payment inquiries contact splinvcs@motorolasolutions.com Telephone: (801) 882-2693 Sates Order(s): 3201844050 SPECIAL INSTRUCTIONS I COMMENTS Line Item Number Description Qty. Uri itPrice Amount Item# (USD) (USD) 1 YR 3 Billing 1 34,979.68 34,979,68 USD Subtotal 34,979.68 USD Total Tax 0.00 USD Total 34,979.68 USD Amount Due 34,979.68 Please detach here and return the bottom portion with your payment ---_.-_---------------------------------------------------_--____.-_--__.---..__------------------------------- Payment Coupon Transaction Number I Customer Account No Payment Due Date 1187080969 1011360352 1 25-AUG-2022 Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE BALDWIN PARK CA 91706 United States Payment Transfer Details CHICAGO WIRE Routing Transit Number: 026009593 AGH/EFT Routing Transit Number: 111000012 SWIFT: BOFAUS31\1 Bank Account No: 3756319819 Transaction Total j Amount Paid 34.979.68 USD I Send Payments To: aM'O'TOROLA SOLUTIONS Motorola Solutions, Inc. 13104 Collections Center Drive Chicago IL 60693 United States Please provide your remittance details to: US.remittance@motorolasolutions.com DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED ST ITEM NO, TO: Honorable Mayor and City Councilmembers FROM: Johnny Patino, Interim Chief of Police(, ,?O DATE: November 20, 2019 f Pv SUBJECT: Authorize Purchase of Spillman Geographic Information System GIS Module SUMMA This report is seeking City Council approval to authorize the funding for the purchase of the Spillman GIS Module in the amount of $67,800.00. RECOMMENDA ION Staff recommends that the City Council: 1. Waive the formal bidding process for the purchase of the Spillman GIS Module pursuant to §34.23 (B); and 2. Authorize the Police Department to purchase the Spillman GIS Module through procedures outlined above; and 3. Authorize the Direct of Finance appropriate $67,800.00 from A874 Public Safety Enhancements Fund #209 for the purchase of the Spillman GIS Module; end 4_ Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. FISCAL IMPACT There will be no fiscal impact to the General Fund as the police department will utilize funds from AB74 Public Safety Enhancements Fund. However, this purchase will require a yearly maintenance fee of $14,850.00 per year, starting next fiscal year. This yearly maintenance fee will be absorbed in the -yearly police department budget. BACKGROUND The Police Department has utilized the Spillman system eight versions behind on our Spillman GIS, which due to depict the streets and addresses of the city. That being concerns for the community as well for the responding services require an immediate accurate response. LEGAL REVIEW Not Applicable. for the over 22 years. Currently, we are the growth of the city does not accurately said, the outdated mapping raises major police officers because urgent calls for ALTERNATIVES An alternative is to create specifications and go out to bid, however, this process would cost staff time and resources and likely not result in any cost savings. Additionally, a different GIS program may not be compatible with our Spillman program. ATTACHMENTS .1. Quote and Purchase Addendum. Ali 16111111 .. Sptechnologles, inc. a Motorola Solutions Company Quote and Purchase Addendum Quoted Date: August 21, 2019 Quote Number: 181126 Quote Expiration: December 19, 2019 Prepared By: Troy Archer Spillman Professional Services- Spillman Linux to Linux Server $8,736 Migration (Reduced Price) ' Server Production and GIS Server Solutions with Virtualization, 5 Year Backup, and Support (See Description Below) $45,526 Sales Tax $3,318 Deployment (See Description and Details Below) $23,250 Yearly GIS Maintenance Belied Yearly (See Description and Details Below) $14,850 E 4625 LAKE PARK BLVD.. SALT LAKE CITY, UT, 841201 TOLL -FREE: 800,860.80261 FAX: 801.002.1210 smnm. technologies, ine, a Motorola solutions Company job Description: GIS Managed Services for Flex GIS Solutions Prepared by: Troy Archer j fosse Allen Motorola Solutions, Inc. is proposing GIS Managed Services (GMS) to fulfill GIS tasks relating to the upgrade and maintenance of Flex GIS products. The scope of services involves validating the GIS data sourced from the county, manipulating and compiling the data to Flex product specifications, and live production. The services shall also include setup, install, and configuration tasks required during deployment. In addition, GMS will provide web application maps to the customer for purposes of submitting data edits, error reports, and to review the data prepared by GMS. Goal The goal of Managed Services is to reduce the customer's time input and leverage the customer's GIS data for reliable and functional Flex GIS solutions. GIS Managed Services achieves this by providing the customer with professional GIS resources who facilitate the GIS data management and tasks associated with updating the Flex GIS solutions with the latest customer data. Each GIS Managed Services analyst is knowledgeable of the Flex GIS solutions and understands the needs of public safety. GIS Managed Services conforms the customer's GIS data to product specifications, thus reducing system errors and inaccuracies, and publishes the GIS data for production with no to minimal time required on the customer's behalf. End Outcome The result for the customer is up-to-date spatial information delivered to the Flex GiS system that is reliable, accurate, and promotes public safety operations. In addition, Managed Services ensures that Esri software and Flex GIS components are kept current and completes address maintenance in the Flex RMS. Thus, the customer's solutions, including software and GIS data, are kept up-to-date with minimal time involved on the customer's behalf. 4625 LAKE PARK BIND„ SALT LAKE CITY, UT, 8020 1 TOLL -FREE; 800.860.80261 FAX: 801.902.1210 SPMW. ed OgtCS: IIIC. a Motorola Solutions Company Contained in this quote is the pricing, itemized by work and CIS solution, necessary for GIS Managed Services to complete the deployment of the Flex GIS solutions, including services to develop and complete GIS workflows involved with the production of each GIS solution. The work is split into two terms: deployment and maintenance. The initial teen entails all work necessary to bring the customer's GIS solutions up-to-date in regards to current product versions and the GIS data involved with each solution. The maintenance term references the work and costs associated with Managed Services maintaining the solutions each year thereafter. Upon acceptance, a statemeXit of work will be drafted detailing the scope of services, timelines, terms, and conditions for the work to be completed. DEPLOYMENT Deployment will commence 3-4 weeks post contract and continue for 90 days. Setup, Install, and Configuration $4000.00 • Configure workspaces and Flex environment for GeoValidation & Mapping « Data mining and validation from external sources • Develop local data for application specific data inputs • installation of ArcGIS products, locators, and extensions • Configuration of Flex for GIS solutions Upgrade to GeoValidation (from Classic) $7000.00 • Develop data management processes and workflows o Deployment and training of web map apps for customer edits and work orders • Audit datasets for conformity to Flex GIS product specifications e Optimize functionality and performance • Execute address maintenance; assist in address error resolution Upgrade to Flex Mapping $3000.00 o Develop custom base maps for CAD and Mobile Mapping « Develop production workflows Data Development $5000.00 • Develop missing datasets and features Subtotal $19,000.00 ArcGIS Online User Account (2 consecrative users) $350.00 ArcGIS Server OEM — Initial Purchase $3900.00 TOTAL $23o25O.00 4625 LAKE PARK BLVD., SALT LAKE CITY, LIT, 841201 TOLL -FREE: 800.860.80261 FAX: 801,902.1210 sptwedmiinc. a Motorola Solutions Company PRICING FOR YEARLY MAINTENANCE Maintenance term will commence 30 days post go -live. Quarterly Base Data Maintenance & On Demand Updates of Local Data $9500.00 • Processing of on -demand service requests pertaining to data specifically developed for the Flex GIS solution. • Base data updates performed quarterly. • Advanced GIS solution support and troubleshooting. Services include with both base data maintenance & on -demand updates: • Validate data to verify conformity with product specifications. • Compilation of GIS datasets to update production data. • Publishing of GIS services. • Activation of updated solutions. GIS Software Upgrades & Maintenance $1500.00 • Automatic maintenance of Flex GIS solution components: toolboxes, locators, server object extension, and toolbars. • Installation of Esri software upgrades (annually)' Address Maintenance Assistance $1000,00 • Execute address maintenance to keep GIS data and historic RMS data in sync • Assistance resolving erroneous RMS address records Subtotal $12,000.00 ArcGIS Online User Account Subscription Renewal $350.00 ArcGIS Server OEM Maintenance $2500.00 ANNUAL MAINTENANCE COST sims©.00 ' Upgrades are contingent upon the customer maintaining Esri software maintenance, latest Esri version supported for Flex, and customer's ability to standup a secondary GIS server. 4625 LAKE PARK BLVD„ SALT LAKE CITY, LIT, 84120 1 TOLL -FREE: 800,860.80261 FAX: 801.902.1210 spim. echnologies, inc. a mntarola saludons Gompany CUSTOMER & SYSTEM REQUIREMENTS Listed below are items/requirements not factored into the quote unless specifically noted otherwise. Esri Licenses • ArcGIS Desktop -- Basic License ArcG1S Desktop licensing isn`t available OEM for Flex. Customer will need purchase ArcGIS Desktop from Esri and maintain licensing for this product directly with Esri, including any back maintenance that hasn't been paid if not kept current. For Quickest Route customers, the Network Analyst extension for ArcGIS Desktop is also required and must be maintained with Esri. ArcGIS Enterprise (formerly ArcGIS Server) — Standard License, Workgroup Capacity Motorola Solutions, Inc. offers ArcGIS Enterprise OEM at a substantially reduced cost. If this line item is present in the quote, then it has already been factored. If the customer elects to maintain their own license independently, then amount of that line item may be omitted from initial and maintenance terms. Note however that the OEM license comes with the Network Analyst extension (applicable only for customers w/ Quickest Route). GIS Server Given the mission critical aspect of the Flex GIS solutions, Motorola Solutions, Inc. recommends designating a dedicated server for the Flex GIS solutions exclusively. Physical or virtual servers are supported; however, a virtual environment allows a secondary server to be setup .for upgrade of Esri or Flex GIS products without impacting existing live solutions. A secondary GIS server will be required to perform any upgrades once the Flex system is live. Motorola Solutions recommends using virtual servers for GIS solutions. Virtual enables the customer to standup a new server for upgrades with minimal to no unplanned'cost and allows managed services to keep the customer on current supported Esri versions during maintenance terms. Customer will need to furnish IT expertise and costs towards the hardware and OS installation as well as the networking involved with the GIS server (unless Solutions II is contracted). Managed services will cover tasks involved with configuring the server for use with the Flex GIS solutions once the server hardware, OS, and networking is in place. 4625 LAKE PARK BLVD., SALT LAKE CITY, UT, 84120 I TOLL -FREE: 800.860.80261 FAX 801.902.1210 S&M. Pecltn010,t@5, inc. a Motorola Solutions Company Personnel • Point of contact to consult for decision making relating to the Flex system, permissions, system maintenance and health, and system administration. • Point of contact to consult for IT related items involving Windows/domain accounts, Windows permissions, and networking. • Designated individual(s) to submit data edits, error reports, and work requests (via web map apps). • If a CIS professional is staffed/contracted: point of contact for any CIS data being sourced external to the organization. LIMITS OF WARRANTY & LIABILITY CIS Managed Services will ensure that all input data conforms to product schema, structure, and configuration. CIS Managed Services will validate the data for conformity and anomalies based on irregular patterns in attributes. These validations may not reveal attributes that are inaccurate or identify missing features/attributes. CIS Managed Services will deliver all data to the customer for review via web mapping applications and/or allow for solution testing in a non -live database. The customer is highly encouraged to thoroughly test and review the data provided by both draft solutions and web mapping applications. Motorola Solutions, Inc. assumes no liability and makes no warranty for neither the completeness nor accuracy of any data processed. All GIS data managed, processed, or produced by GIS Managed Services must not be connected in any way, to primary data that is used beyond the Flex GIS solutions, or data that may be adversely impacted for use in other solutions outside of the Flex product. Any data - physical on disk or via enterprise connection - provided to GIS Managed Services as a source for the Flex GIS Solutions, must be a copy or read/export only connection. 4625 LAKE PARK BLVD., SALT LAKE CITY, UT, 84120 1 TOLL -FREE: 800.860.80261 FAX: 801,902.1210 .r Vedaii010g�5� ltlC. a Motorola Solutions Company Proposed Server Solution Project Management and Installation - Spillman Technologies will assign a Project Manager as the agency's single point of contact. This individual will coordinate our expert installation and configuration staff as needed to ensure a smooth upgrade transition. = :...: Production Site Server ----._.. 1 ._..-._.... ' PowerEdge R640 Server---..__ - _.-. _----`.-----__.�_----__---_—; 4 32GB RDIMM, 2933MT/s, Dual Rank -- -- - ---- — -- - -- --- - - — -------- 960GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot -plug AG Drive,1 DWPD, 1, Intel X550 Dual Port 10GbE BAST;-T & i350 Dual Port 1GbE BASE-T, rNDC i i Red Hat Enterprise Linux,2SKT,1 Physical OR 2Guest,5Yr PREMIUM SUB,No 1 Media 1 Windows Server 2019 Standard Edi#Lon, Secondary OS, No MEDIA,16 CORE ProSupport Mission Critical: 7x24 HW 1 SW 'technical Support and Assistance, 5 1 1 -1 Years - are Softivaie I-1 'VMware vSph6 Standard for 1 processor - 5 Years Sort ere - Backup Software4nd Stogie 1 I I Veeam Backup & Replication Instances - Standard - 5 Years Subscription Upfront & ProductionSupport-Public Sector 1 ^Backup NAS --- -- - - - { anal Services -- I Installation and Integration for Single Server Single Site Installation 4025 LAKE PARK BUM, SALT LAKE CITY, UT, 84120 1 TOLL -FREE; 800.860.80261 FAX: 801.902.1210 s o _sptecinc. a Ivlatar01e Solutions Company The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Spillman Technologies within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. Baldwin Park Police Department Customer Name~ Date Authorized Signature --------------- ---- Print Name and Title 4625 LAKE PARK BLVD., SALT LAKE CITY, UT, 84120 1 TOLL -FREE: 800.860.80261 FAX: 801.902.1210 Page 113 ML TOJg0L.A SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Transaction Total 500 West Monroe 8230402070 03-MAR-2023 54,810.13 USD Chicago 1L 60661 United States P.O. Number P.O. Date Customer Account No Federal Tax ID: 36-1115800 1011360352 Payment Terms Payment Due Date Visit our webslto at %wAv.motorolasolutions.com Net Due in 30 Days 02-APR-2023 Bill To Address Ship To Address BALDWIN PARK POLICE DEPARTMENT BALDWIN PARK POLICE DEPARTMENT ATTN: Accounts Payable 14403 EAST PACIFIC AVENUE 14403 E. PACIFIC AVENUE BALDWIN PARK CA 91706 BALDWIN PARK CA 91706 United States United States IMPORTANT INFORMATIQN For all invoice payment inquiries contact spllnvcs@motorolasolutions.com Telephone: (801) 882-2693 Sales Order(s): USC000202172-ROl-DEC-22 22:23:45 PHCIAL IN TR CTI N$ /.COMMENTS General Comment: Regular Invoice Line Item Number Description Qty. Unit Price Amount Item# (USD) (USD) Equipment at Site: 1862943 1011360352 14403 EAST PACIFIC AVENUE BALDWIN PARK CA 91706 United States 1 SSVOOS00012A-SP CAD MAINTENANCE (ENHANCED)-STANDARD:01-APR-2623:31- 1 1,152.16 1,152,16 MAR-2024: Sor0ce From: 01-APR-2023 Service To: 30-SEP-2023 2 SSVOOS00145A-SP COMMAND STAFF PRODUCTIVITY DASHBOARD THIRD PARTY 1 1,805.02 1,805.02 MAINTENANCE - STANDARD:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 3 SSV00S00164A-SP DATA WAREHOUSE INTERFACE MAINTENANCE - STANDARD:01- 1 0.00 0.00 P R-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 4 SSV00S00181A-SP E9-1-1 INTERFACE MAINTENANCE - STANDARD:01-APR-2023:31- 1 1,152.16 1,152.16 Please detach here and return the bottom portions with your payment ---------------------------------------------..__--.-.--.------------------------------ Payment Coupon Transaction Number Customer Account No Payment Due Date Transaction Total 8230402070 1 4011360352 1 02-APR-2023 54,810.13 USD Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. BALDWIN PARK POLICE DEPARTMENT ATTN: Accounts Payable 14403 E. PACIFIC AVENUE BALDWIN PARK CA 91706 United States Payment Transfer Details CHICAGO WIRE Routing Transit Number: 026009593 ACHIEFT Routing Transit Number: 111000012 SWIFT: BOFAU83N Bank Account No: 3756319819 Send Payments To: Amount Paid MOrOROL A SOLUTIONS Motorola Solutions, Inc. 13104 Collections Center Drive Chicago IL 60693 United States Please provide your remittance details to: US.romittance@motorolasolutions.com DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED Pape 213 dft w11OrOROLA SOLUTIOIVS ORIGINAL. INVOICE Motorola solutions, Inc. Transaction Number Transaction slate Transaction Total 500 West Monroe 8230402070 03-MAR-2023 54,810.13 USD Chicago IL 60661 P.O. Number P.O. Date Customer Account No 1011364352 United States Federal Tax ID: 36-1115800 Payment Terms Payment Due Date Net Due in 30 Days 02-APR-2023 Visit our website at mvm v.motoro€asolut€onsxom Line Item Number Description City. Unit Price Amount Item # (USD) (USD) MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 5 SSV00S00190A-SP EVIDENCE BARCODE AND AUDITING MAINTENANCE - 1 1,808.12 1,808.12 STAN DARD:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 6 SSV00S00193A-SP EVIDENCE MANAGEMENT MAINTENANCE - STAN DARD:01 -APR- 1 542.23 542.23 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 7 SSVOOS00262A-SP IMAGING MAINTENANCE - STANDARD:01-APR-2023:31-MAR-2024: 1 1.881.23 1,881.23 Service From: 01-APR-2023 Service To: 30-SEP-2023 a SSVOOS00307A-SP LIVESCAN FINGERPRINTING INTERFACE MAINTENANCE - 1 985.63 985.63 STAN DAR D:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 9 SSVOOS00334A-SP MOBILE FIELD REPORT WITH FIELD INTERVIEW MAINTENANCE - 1 794.73 794.73 S TAN DAR D:01-APR-202 3:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 10 SSVOOSOG34OA-SP MOBILE GENERIC ACCIDENT FORM MAINTENANCE - 1 2,011,06 2,011.06 S TAN DAR D.01-APR-2 02 3:31-MAR-2024: Service From: 01-APR-2023 Service To:30-SEP-2023 11 SSVOOS00015A-SP HUB MAINTENANCE (ENHANCED) - STANDARD:O1-APR-2023:31- 1 22,671.59 22,671.59 MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 12 SSVOOS00343A-SP MOBILE GENERIC ECITATION FORM MAINTENANCE - 1 2,011.06 2,011.06 STAN DARD:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 13 SSVOOS00352A-SP MOBILE STATE & NATIONAL QUERIES MAINTENANCE - 1 0,00 0.00 STANDARD:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 14 SSVOUS00354A-SP MOBILE VOICELESS CAD MAINTENANCE - STANDARD:01-APR- 1 2,351.71 2,351.71 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 15 SSV00S00417A-SP PAWNED PROPERTY MAINTENANCE - STANDARD:01-APR- 1 542.23 542,23 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SFP-2023 16 SSVOOS00432A-SP PERSONNEL MANAGEMENT MAINTENANCE - STANDARD:01-APR- 1 1,355.24 1,355.24 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 17 SSVOOS004BOA-SP SENTRYX GIS (GEOBASE) MAINTENANCE - STANDARD:01-APR- 1 0.00 0.00 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 18 SSVOOS00527A-SP TRAFFIC INFORMATION MAINTENANCE - STANDARM01-APR- 1 956.52 956.52 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 19 SSVOOS006026-SP MOBILE SERVER CAD SHARE - STAN DARD:01-APR-2023:31 -MAR- 1 806.25 806.25 2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 20 SSVOOS00023A-SP COMPSTAT MANAGEMENT DASHBOARD THIRD PARTY 1 3,610.04 3,610.04 MAINTENANCE - STANDARD:01-APR-2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 21 SSVO0500031A-SP JAIL MANAGEMENT MAINTENANCE - STANDARD:01-APR-2023:31- 1 2,465.44 2,465.44 MAR-2024: DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED Page 313 I 0r0f70L A SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Transaction Total 500 West Monroe 8230402070 03-MAR-2023 54,810.13 USD Chicago IL 60661 P.O. Number P.O. Date Customer Accou nt No 1011360352 United States Federal Tax ID: 36-1115800 Payment Terms Payment Due Date Not Due in 30 Days 02-APR-2023 Visit our websile at t"vw.motorolasolutions.com Line Item # Item Number Description Qty. Uri it Price (USD Amount (USD) Service From: 01-APR-2023 Service To: 30SEP-2023 22 89VOOS00033A-SP LAW RECORDS MAINTENANCE - STANDARD:01-APR-2023:31- 1 904.40 904.40 MAR-2024: Service From: 01-APR-2023 Service To: 30-SFP-2023 23 SSV00S00o36A-SP MOBILE AVL AND MAPPING MAINTENANCE - STAN DARD:O 1 -APR- 1 932.15 932,15 2023:31-MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 24 SSVOOS00038A-SP MOBILE RECORDS MAINTENANCE - STANDARD:01-APR-2023:31- 1 453.56 453.56 MAR-2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 25 SSVOOS60052A-SP STATELINK MAINTENANCE - STANDARD:01-APR-2023:31-MAR- 1 3,617.60 3,617.60 2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 26 SSV00S00072A-SP CAD MAPPING MAINTENANCE - STAN DARD:01 -APR-2023:31-MAR- 1 0.00 0.00 2024: Service From: 01-APR-2023 Service To: 30-SEP-2023 Site CA Tax at 0% 0.00 Site Total 54,810.13 USD Subtotal 54,810.13 Total Tax CA 0.00 USD Total Tax 0.00 USD Total 54,810.13 USD Amount Due 54,810.13 DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED U 101 � CD9 COMPUTER SOFTWARE SUPPORT AGREENfCNT This Support Agreement ("this Agreement") is made and entered into this day of 19�, by and between: e SPILLMAN— D TA SYSTEMS,-INC "S 'llman" 810 SOUTH 100 WEST LOGAN UTAH 84321 801 75 -1610 AND Baldwia Pak Police Department "Customer" 14403 Past Pacific Avenue Baldwin Park CA 9 706 Bib 60.4011 WITNESSETH: WHEREAS, Spillman and Customer entered into that certain Computer Software License Agreement dated . 19 (the "License Agreement") under which Customer obtained a non-exclusive, nontransferable license to use certain computer software in object code form and related user documentation (the "Licensed Program") on certain terms and conditions; WHEREAS, Spillman desires to offer Customer certain services with respect to the Licensed Program on the terms and conditions set forth herein; NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1 DEFINITIONS ` For the purposes of this Agreement, the following definitions shall apply to the respective capitalized terms: 1.1 "Software Order." A Spillman order form identifying software modules purchased by Customer from Spillman which has been signed and accepted by Customer and has been accepted by Spillman, L2 ")Licensed Program." The computer software known as SPILLMAN Public Safety Softwaree which was developed by Spillman and for which Customer Is paying a maintenance fee to Spillman as identified in a Software Order, including any extracts from such software, derivative works of such software, or collective works constituting such software (such as subsequent Releases) to the extent offered to Customer under this Agreement or License Agreement, This excludes computer software not developed by Spillman which might be used in conjunction with the SPILLMAN Public Safety Software, such as word processors, spreadsheets, terminal emulators, etc, , f 1.3 "Agreement Term." An initial period of one (1) year. Thereafter, the Agreement Tenn shall automatically renew for successive periods of one year each unless and until terminated pursuant to Section 9 hereof. In no event, however, shall the Agreement Term extend beyond the prescribed term of the License Agreement. 1.4 "Error." Any failure of the Licensed program to conform in all material respects to (lie functional specifications for the Licensed Program published from time to time by Spillman. However, any nonconformity resulting from Customer's misuse or improper use of the Licensed Program or combining or merging the Licensed Program with any hardware or software not supplied by Spillman, or not authorized to be so combined or merged by Spillman, shall not be considered an firror. Not shall Licensed Program or data file damage resulting from unauthorized software alterations (including problems, errors, or malfunctions caused or created by the operator), customizing of programs, accident, neglect, power surge or failure, lightening, operating environment not in conformance with the manufacturer's specifications (for electric power, air quality, humidity or temperature), operating system errors, or hardware malfunction be considered an Error. 1.5 "Error Correction." Either a software modification or addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Licensed program, eliminates the practical adverse effect on Customer of such nonconformity. Not covered under Error Correction is the responsibility for data rite damage due to software or hardware malfunction. 116 "Enhancement." Any modification or addition that, when made or added to the Licensed program, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Spillman as minor or major, depending on Spillman's assessment of their value and of the function added to the preexisting Licensed Program. 1.7 "Coverage Monday ihrouah Friday 8:00 AM to 5:OI), Time o)idays. g .,_ P.M, Mountain Trine excluding h..,.__ 1.8 "Response Time." Within Six (6) hours of the Coverage Hours from the time that Spillman verifies that an Error is present, Spillman will initiate work toward development of an Error Correction. 1.9 "Releases." New versions of the Licensed program, which new versions may include both Error Corrections and Enhancements. 1.10 "System Administrator." An agent of Customer with sufficient training and/or experience with a Software Product to communicate effectively with the Spillman Supp o t personnel. Section 2 ELIGIBILITY FOR SUPPORT To be eligible for support For a Software Product, Customer must meet the following requirements. Customer agrees that the obligation of Spillman to continue to provide Services with respect to a Software Product shall terminate if, at any time during the term of this Agreement, these requirements are not met. Nothing in this Agreement shall be construed to obligate Spillman to make Customer support available for a Software Product for so long as Customer shall not have a valid Software Agreement for such Software Product. To be eligible for Software Support for a Spillman Software Product, Customer must meet all of the following requirements: A. Customer has a valid Computer Software License Agreement for the Software Product; B. Customer has a System Administrator C. The hardware platform on which the Software product is to be used is approved by Spillman. D. Customer must be. in compliance with the schedule of payments. Spillman may require Customer to appoint a new System Administrator if Spillman determines that the System Administrator does not have the training or experience necessary to communicate effectively with the Spillman support personnel. Section 3 SCOPE OF SERVICES 3.1 During the Agreement Term, Spillman shall render the following services in support of the Licensed Program, during Coverage Hours, subject to the compensation fixed for each type of service in Spillman's current Fee Schedule: a, Spillman shall maintain a program control center capable of receiving by telephone any operator reports of system irregularities. b. Spillman shall maintain a telephone hot line that allows Customer to report system problems and seek assistance in use of the Licensed Program. c. Spillman shall maintain a trained staff capable of rendering the services set forth in this -Agreement. d, Spillman shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Spillman in accordance with Spillman's standard reporting procedures. Spillman shall, after verifying that such an Error is present, initiate work, within Response Time, in a diligent manner toward development of an Error Correction, Following completion of the Error Correction, Spillman shall provide the Error Correction through a "temporary fix" consisting of sufficient programming and operating instructions to implement the Error Correction, and Spillman shall include the Error Correction in all subsequent Releases of the Licensed Program. Spillman shall not be responsible for correcting Errors in any version of the Licensed Program other than the most tount Release of the Licensed Program, provided that Spillman shall continue to support prior Releases superseded by recent Releases for a reasonable period sufficient to allow Customer to implement the newest Release, not to exceed 180 days, e. Spillman may, from time to time, issue new Released of the Licensed Program to its customers generally, containing Error Corrections, minor Enhancements, and, in certain instances If Spillman so elects, major Enhancements. Spillman shall provide Customer with one copy of each new Release, without additional charge. Spillman shall provide reasonable assistance to help Customer install and operate each new Release, provided that such assistance, if required to be provided at Customer's facility, shall be subject to the supplemental charges set forth in Spillman's current Fee Schedule. f. Subject to space availability and training fees, Customer may enroll its employees in Spillman's training classes, held at Spillman's facility in Logan, Utah, for regular or advanced training. g. Spillman shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Licensed Program (including, without limitation, data conversion and report -formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to by Spillman and Customer, h. Spillman software support, although primarily intended for Spillman application software, also extends limited support for all operating systems where Spillman has an agreement with the suppli4r. However, Customer must be aware of the following facts for limited operating system support: I. In some cases, Customer is in a much better position to deal with operating system issues because they are on -site and because of technical expertise they may have. In these cases, Spillman recommends that they work directly with the hardware vendor on these matters. Spillman will still be available to provide assistance whenever needed, 2. Spillman is forced to work with the company that developed the operating system. If that company fails to provide quality support, Spillman will not be able to provide quality support to our customers. Also, if the company charges Spillman for their support, customer will be billed for these charges. 3. Some operating system problems can only be solved on -site. If and when this situation occurs, Spillman personnel will travel to Customer's site with Customer's approval. Customer will be billed according to the Spillman fee schedule for travel expenses and comprehensive per diem. 4. In the event that a bug is identified in the operating system, Spillman will immediately report the problem directly to the provider. However, we will be required to accept their schedule for fusing the problem. 5. If enhancement requests are made to Spillman for changes to the operating system, Spillman will pass them along to the provider. Spillman can make no commitments as to when, or if, the enhancements will be included In future releases. S. Spillman will provide assistance with operating system upgrades but Customer is responsible for obtaining the upgrade from the vendor and paying any required fee. 7. Most operating system upgrades require on -site assistance. The fee for on -site assistance is not included with Spillman software support, 8. Spillman must approve all operating system upgrades in advance to verify that the upgrade is necessary and compatible with the Spillman software, 3,2 The following items are specifically not covered by this agreement, a. Any hardware failure including, but not limited to, failure caused by wiring, multiplexers, modems, phone lines, power, or connectors. Also, any hardware littlitations due to insufficient memory, disk storage or processing power. I b. Any problems caused by hardware failure, C. Any work required to restore or recover data files and/or the operating system. d. Any problem caused by an operator. e. Configuring, maintaining, and upgrading the operating system including,. but not limited to, backups and restores, fuses, and patches. f Any problems caused by incorrectly installed, configured, or maintained operating system, or versions of the operating system not supported by Spillman. g. Problems with, or caused by = hardware or third party software not supported by Spillman, including, but not limited to, Imaging, Fingerprinting (i.e. DBI, Identix), SNA, high availability, X-stations, word Processors (i.e. WordPerfect, Lyrix, Crystal writer), terminal emulators, etc. h. Any network failures or problems Including, but not limited to cabling, communication lines, routers, connectors, and network software, i. Printers connected off the back of terminals/personal computers (pass through printing) or network printers are not supported by Spillman, Spillman recommends that the customer obtains a support agreement with the third party vendors for the items listed in Section 3.2. Upon request, SPILLMAN will provide on -site support at SPILLMAN'S current rate per hour plus travel expenses and per -diem, Section 4 OBLIGATION OF CUSTOMER 4.1 Customer shall provide access to its facilities in connection with the performance of Spillman of its obligations hereunder. No charge shall be made for such access. It is agreed that prior notification will be given when access is required: 4.2 Customer must provide Spillman with information sufficient for Spillman to duplicate the circumstances under which a Problem in a Software product became apparent. 4.3 Customer must maintain a modem and data set connected 24 hours per day, 7 days a week, to the direct dial network near any CPU used with a Software Product being maintained by Spillman hereunder and provide access to a dedicated voice grade local telephone. 4.4 A representative of Customer must be present when any on -site support is provided. Customer agrees that if such representative is not present when the Spillman representative arrives on site, no work will be performed and Customer will be charged for such Spillman representative. 4.5 All communications by Customer to Spillman must be in the English language. 4.6 Customer is responsible for providing one or more qualified System Administrators as described in Section S. At least one of these System Administrators must be available at all times. F i Section 5 # SYSTEM ADMINISTRATOR REQUIREMENTS 5.1 Each System Administrator must be certified by Spillman by successfully completing and passing the final written and practical examinations of the following training courses: 8. System Introduction - Inquiry (6 Hours) b. System introduction - Data Entry & Modification (6 Hours) C. Unix Fundamentals Training (SCO, AIX, or HP-UX). (Mree Days) d. Basic System Administration (One Day) 5.2 Each System Administrator must be identified in Appendix A properly signed by Customer. 5.3 Each System Administrator must be qualified to address, or have other support sources to address, ,it+ithout the aid of Spillman, all problems relating to any hardware, software or operating system not directly associated with Spillman`s software. 5 5.4 Calls received by anyone not identified in Appendix A are not covered by this agreement and are therefore subject to hourly fees, and are not subject to minimum Response Time. The training requirements specified may be met in two ways; ] , The courses are offered twice each year at the offices of Spillman Data Systems in Logan, Utah, There is no charge for users attending this training, but they must travel to Logan and pay their own living expenses. Course dates may be obtained "from the, Training Department at Spillman Data Systems, The class schedule is: Monday: 8 AM - 5 PM Unix Fundamentals '17_ esdav: 8 AM - 5 PM Unix Fundamentals, continued Wednesday: 8 AM - 5 PM Unix Fundamentals, continued Thumsdaw 8 - 12 AM System introduction - inquiry & Reports I-3PM 3 - 5 PM System Administration: Introduction to Security Friday: 8 - 12 AM System introduction - Data Entry, Modification I.3PM 3 - 5 PM System Administration: Security, continued Saturday: 8 AM - 12 AM System Administration 2. Any of the above courses may also be provided at flue agency. A classroom with sufficient terminals• must be provided. The agency must pay for the training At the reduced rate, travel, and living expenses. Theses costs will be provided on request, Seetion 6 ' FEES AND CHARGES 6.) Customer shall pay Spillman its fees and charges based on the Support Order. The Support Order is attached to and a part of this Agreement, Additional Support Orders may be signed with Spillman from time to time and will become a part of this agreement. Spillman reserves the right to change its Maintenance Fees from time to time, provided that no such change will be effective until at least 90 days after Spillman has given Customer written notice of such change. Fee changes will result from changes in (1) Software Prices, (2) Increases in the number of modules, (3) Increase in the number of users on the system,.(4) Changes in the computer hardware or (5) Selection by Customer of different Coverage Hours. 6.2 Spillman shall invoice Customer at the beginning of each contract year for all fees. Charges accrued and nil reimbursable expenses incurred shall be invoiced at the beginning of the next calendar month, Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any amount not paid within thirty (30) days after the invoice date shall bear interest at the lesser of eighteen (I8) percent per year or the highest rate allowed by applicable law. 6 r 6.3 Customer shall be responsible for the fees and charges for procuring, installing, and maintaining all equipment, telephone lines, modems, eotnmunications interfaces, and other hardware necessary to operate The Licensed Software and to obtain from Spillman the services called for by this Agreement. 6.4 Customer agrees to pay additional charges according to the Spillman Fee Schedule for all work performed outside of Coverage Hours. These charges are applicable for any work performed after hours, REGARDLESS OF THE CAUSE, even if it was reported and/or initiated during Coverage Hours. 6.5 On -site assistance will be performed as requested by Customer, However, Customer will be billed according to the Spillman Fee Schedule for travel and living expenses, Section 7 PROPRIETARY RIGHTS 7.1 To the extent that Spillman may provide Customer with any Error Corrections or Enhancements or any other software, including any new software programs or components, or any compilations or derivative works prepared by Spillman (collectively, "Vendor Programs"), Customer may (1) install one set of the Vendor Programs in the most current form provided by Spillman, in Customer's own facility; (2) use such Vendor Programs In connection with the Licensed Programs, and in a manner consistent with the requirements of the License Agreement, for purposes of serving Customer's internal business needs; and (3) make one copy of the Vendor Programs in machine-readable farm for nonproductive backup purposes only. Customer may not use, copy, or modify the Vendor Programs, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Spillman. Upon termination of such License Agreement, Customer shall return or destroy the Vendor Programs, and returning the Vendor Programs in the manner required by the License Agreement shall be sufficient for such purposes, 7.2 The Vendor Programs are and shall remain the sole property of Spillman, regardless of whether Customer, its employees, or contractors may have contributed to the conception of such work, joined in the effort of its development, or paid Spillman for the use of the work product, Customer shall from time to time take any further. action and execute any further instrument, including documents of assignment or acknowledgement, that Spillman may reasonably request in order to establish and perfect its exclusiive ownership rights in such works. Customer shall not assert any right, title, or interest in such works, except for the non-exclusive right of use granted to Customer at the time of its delivery or on -site development, i Section 8 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 8.1 Spillman disclaims all other warranties, either expressed or implied and representations with respect to the licensed program, except as stated in the License Agreement. 8.2 In no event shall. Spillman be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever and however caused, evert if Spillman has been advised of the possibility of such damages, The cumulative liability of Spillman to the Customer for all claims arising in connection with this agreement shall not exceed the total fees and charges paid to Spillman by the Customer within the last 12 months. 8.3 No action, whether based on contract, strict liability, or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than three (3) years after such cause of action accrued, except that an action for nonpayment may be brought within tv%(2) years of the date of the last payment. Section 9 ills4351RU IICi11i 9.l This Agreement may be terminated as follows: a. This Agreement shall immediately terminate upon the termination of the License Agreement; b. This Agreement may be terminated by either party upon the expiration of the then -current term of this Agreement, provided that at least 90 days' prior written notice is given to the other party; or C. This. Agreement may be terminated by either party upon 30 days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 9.2 Following termination of this Agreement, Spillman shall immediately invoice Customer for all accrued fees and charges and all reimbursable expenses, and Customer shall pay the invoiced amount immediately upon receipt of such invoice. Customer may continue to use any work supplied to Customer by Spillman for the remaining term of the License Agreement. Any amount not paid within thirty (30) days after the invoice date shall bear interest at the Iesser of eighteen (18) percent per year or the highest rate allowed by applicable law. Section 10 IVUSCELLANEOUS 10.1 Each party acknowledges flint it has read this Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a written instrument duly executed by the parties hereto. 10.2 In the event that any provision of this Agreement is held 'uiv�lid, illegal, or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law. 10.3 Neither party may assign its rights or duties under this Agrellnent without the prior written consent of the other party, except to a successor of all or substantially all of its business and properties. 10.4 The waiver by either party or any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may hold under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. Lcustorner . j Signed: —FdA Printed: Fidel A. Vargas Title: Ma or Date: June 19 i9 96 Accepted an Approved by Spillman: Signed: CEi-C�14.� Printed: Duane Barker Title, Vice President - Finance 4 Date: [sntlnlaino3 E196] APPENDIX A SYSTEM ADMINISTRATORS Baldwin Park Police De artment Customer Name Agreement No. Date SYSTEM ADMINISTRATORS 1. Name: John Yeun Title: Information S stems -Supervisor Office Phone Number: (818) 960-4011 ext. 129 Beeper Number: (818) 916--4171 Home Phone Number: Mailing Address: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 2. Name: David Villela — Information Systems Support Tale: rt Technician - t ,,.,,......... -- - - Office Phone Number: 818 960-4011 ext. 125 Beeper Number: (818) 835-0434 Home Phone Number. Mailing Address: Cif_ of -Baldwin-Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Name: Edmund Ur uiza Title: Communications and Police Records Administrator Office Phone Number: (818) 813--5236 t Beeper Number: (818) 850-6487 i ^ Home Phone Number: , Mailing Address: City of Baldwin, Park` _--_ 14403 E. Pacific Avenue Baldwin Park CA 91706 (Customer:] Signed - printed: Fidel. A. Var as Title: Mayor Date: June 19 19 96 .f b Sdata systems, mc. SUPPORT ORDER Customer: Baldivin Park Police Department 14403 East Pacific Avenue Baldwin Parr CA 91706 Contact: Carl Yeates (818) 960-40,11 Law Enforcement Software Modules; HUB Module Law Records Computer Aided Dispatch Geobase Jail Management Traffic Information Personnel Management Pawned Property Bar Coding Evidence/Property Impound Laptop Full Incident Mapping Live Scan Fingerprinting Interface E-911 Interface 3DIC/CLETS Interface 810 south 100 west Logan, Utah 84321 t6011753-1610 Date: 3 Software Maintenance Total $23,716.80 (Second year support begins 15 months from the signing of the Sales Order or the date of the Purchase Order). For Custom Software, first year support starts on the date the Software is installed. The Support Fee is not included in the Custom price unless the first year support is specified. This Software Order was filled by Spillman Data Systems, Inc. This is used only as an attachment to the Computer Software Support Agreement. Approved By; Fidel A. Vargas, Mayor � Name/Title .Tune 19, 1996 Date 10 Page 111 MOTOROLA SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction date Transaction Total 500 West Monroe 8230275790 22-MAY-2020 18,207.00 USD Chicago IL 60661 P.O. Number P.O. Date Customer Account No United States Federal Tax ID: 36-1116800 1011360352 Payment Terms Payment Due Date Visit our website at vnvw.motorolasolutions.com Net Due in 30 Days 21-JUN-2020 Bill To Address Ship To Address BALDWIN PARK POLICE DEPT, CITY OF BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE 14403 E PACIFIC AVE BALDWIN PARK CA 91706 BALDWIN PARK CA 91706 United States United States IMPORTANT INFORMATION Service From For all invoice payment inquiries contact 01-MAY-2020 SLTBWB@motorolasolutlons.com Service To Telephone: +1(631) 883.4244 30-APR-2021 Fax: +1(631)BB3-4238 Sales Order(s): USC000128694-R01-FEB-2020 SPECIAL INSTRUCTIONS !COMMENTS General Comment: Regular Invoice USD Subtotal 18,207.00 Total Tax GA 0.00 USD Total Tax 0.00 USD Total 18,207.00 USD Amount Duo 18,207.00 Please detach here and return the bottom portion with your payment --------------------------------------------------.-------.-.-------•-----------------•---------------- --_ Payment Coupon Transaction Number Customer Account No Payment due Date I Transaction Total Amount Paid 8230275790 1011360352 21-JUN-2020 18,207.00 USD Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE BALDWIN PARK CA 91706 United States Wire Transfer Details CHICAGO Routing Transit No: 026009593 SWIFT: BOFAUS3N Bank Account No: 3756319819 Send Payments To: dft MOTO.ROLA SOLUTIONS Motorola Solutions, Inc. 13104 Collections Center Drive Chicago IL 60693 United States Please provide your remittance details to: US.remittance@motorolasolutions.com DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED MOTOROLA SOLUTIONS MOTOROLA CUSTOMER SUPPORT PLAN Prepared For: ICIS JOINT POWERS AUTHORITY (JPA) 421 OAK ST GLEN®ALE, CA 91204 TABLE OF CONTENTS 1. Introduction 2. Glossary of Terms 3. Warranty and/or Service Information 4. Contacts Details: Customer & Motorola Solutions 5. List of Available Services 6. How to Obtain Services with Site Summary 7. Case Notifications Contacts 1 . Introduction Your Customer Support Plan contains everything you need to know to take advantage of the services provided in your contract. This support plan was designed to help transition you from the pre -sales, staging, and installation phases to the delivery of life cycle support services for your system. Motorola supports your communication system with several expert service groups, each performing a specific function and working together to provide you with fast response and quick closure to issues. The Terms and Conditions of customer contract agreement will take precedence over this Customer Support Plan. In case of any contradiction, please contact the Motorola representative(s) Please take a moment to review this Customer Support Plan. Your Customer Support Manager can answer any further questions you may have. 2. Glossary of Terms and Acronyms Case Number The number assigned to a customer's request for service. The Call Center electronically tracks all Case Numbers to assure customer satisfaction. CSM Customer Support Manager CSP Customer Support Plan ETA Estimated time of arrival is an estimate of when the field technician will arrive at the customer's site. FRU A Field Replaceable Unit which is any module or board which can be removed from a piece of fixed equipment and exchanged with an identical module or board. IDO Infrastructure Depot Operations Local Service Provider A Customer authorized service provider or a Motorola Field Technical Representative MSD Motorola Service Desk Response Response times are defined as having an on -site technician, or a remote systems support specialist having taken assignment of the issue and working on the system. RSC Radio Service Center— Subscriber repair center SCC System Component Center - Systems Repair Center SSC System Support Center Severity Each incoming call is assigned a severity level of Severity One, Two, Three and Four. Severity levels determine the Response Time Commitments. 3. Warranty and/or Service Agreement information Customer Number: 1036320042 Billing Tag : 0001 Service Agreement Information Service Agreement number : USC000502384 Service Agreement Modifier : R22 Dec2021 Service Agreement start date: 01-JUL-2022 Service Agreement end date: 30-JUN-2028 4. Motorola Solutions and Customer Contacts Your Motorola Customer Support Manager provides coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The Customer Support Manager (CSM) is responsible to oversee the execution of your support contract (maintenance or warranty) by serving in the role of customer advocate. They serve as a point of contact for issue resolution and escalation, monitoring of our contractual performance, providing review and analysis of process metrics and fostering a relationship for continuous improvement with customers. Any changes to'the information in this document should be communicated to your Customer Support Manager as soon as possible. Your Customer Support Manager is Rob Russell Phone: (714) 863-2012 Email: Rob.Russell' motorolasolutions.com Account Manager Your Account Manager serves as your contact for information on new products and services, expansion of communications to meet growth needs for your organization, and ensure your satisfaction Your Account Manager is: Denis Redzepa is Phone: (619) 577-3619 Email: Denis.Redzepagic@motorolasolutions.com Key Customer Contacts Please contact CSM if any of the information provided below has changed. Primary ICI Address: ICI Joint Powers Authority (JPA) 421 Oak St, Glendale, CA 91204 Primary Customer Address: 14403 E Pacific Ave Baldwin Park, CA 91706 Primary Contact: Name Chris Hofford Phone (626) 960-1955 x226 Email Chofford@baldwinpark.com Primary Contact (ICI): Name : Ray Edey Phone: (818) 535-2970 Email : REdey@giendaleca.gov 5. Overview of Service Descriptions This section briefly describes the services ICIS JOINT POWERS AUTHORITY (JPA) will receive under your contract. For further details, on the terms of your contract or your contracted Statement of Work, please contact your Customer Support Manager or Account Manager. System Advanced Services o Technical Support - 24x7x365_: ■ Motorola Technical Support service provides an additional layer of support through centralized, telephone consultation for issues that require a high level of communications network expertise and troubleshooting capabilities. Technical Support is delivered by the System Support Center (SSC). The SSC is staffed with trained, skilled technologists specializing in the diagnosis and swift resolution of network performance issues. These technologists have access to a solutions database as well as in house test labs and development engineers. ■ Technical Support cases are continuously monitored against stringent inbound call management and case management standards to ensure rapid and consistent issue resolution. Technical Support service translates into measurable, customer -specific metrics for assured network performance and system availability. o Infrastructure Repair with Advanced Replacement: ■ Motorola provides a hardware repair service for all of the Motorola and select third -party infrastructure equipment supplied by Motorola. The Motorola authorized Repair Depot manages and performs the repair of Motorola supplied equipment as well as coordinating the equipment repair logistics process. ■ Comprehensive test labs replicate your network in order to reproduce and analyze the issue. State-of-the-art, industry -standard repair tools enable our technicians to troubleshoot, analyze, test, and repair your equipment. Our IS09001 and TL9000-certified processes and methodologies ensure that your equipment is quickly returned maintaining the highest quality standards. Infrastructure Repair with our Advanced Replacement upgrade supplements your spares inventory with Motorola's centralized inventory of critical equipment. In advance of Motorola repairing the malfunctioning unit, a replacement unit is sent to you within 24 hours to ensure a spare unit is available. Upon receipt of the malfunctioning unit, Motorola repairs the unit and replace it in our centralized inventory. o Network Monitoring: ■ Network Event Monitoring provides for real time continuous event management for radio communications networks. The SSC Network Operations Center utilizes sophisticated tools for remote monitoring and event characterization of customer communications networks. When an event is detected, technologists acknowledge and assess the situation, and initiate a defined response. o Remote SUS - Security Update Service with Remote Delivery: Motorola maintains a dedicated vetting lab for each supported ASTRO 25 release for the purpose of pre -testing security updates. In some cases, when appropriate, Motorola will make the updates available to outside vendors, allow them to test, and then incorporate those results into this offering. Once tested, Motorola posts the updates to a secured extranet website and sends an email notification to the customer. If there are any recommended configuration changes, warnings, or workarounds, Motorola will provide detailed documentation along with the updates on the website. ■ Remote Delivery of SUS. Motorola's dedicated staff remotely installs the required security updates and operating system patches onto your radio network. Vulnerabilities from third party software are addressed as soon as the validation of recommended patches is completed. Motorola will also provide reports outlining updates made for your team's review and awareness. Patch transfers are transparent to the end user. After the patches are transferred, a report is sent out to inform our customers which machines they will need to reboot the appropriate devices to enable the new patches and antivirus definitions. o Dispatch ■ Motorola's Dispatch Service ensures that trained and qualified technicians are dispatched to diagnose and restore your communications network. Following proven response and restoration processes, the local authorized service center in your area is contacted and a qualified technician is sent to your site. An automated escalation and case management process is followed to ensure that technician site arrival and system restoration comply with contracted response and restore times. Once the issue has been resolved, the System Support Center verifies resolution and with your approval, closes the case. Activity records are also available to provide a comprehensive history of site performance, issues, and resolution. o Onsite Support: Motorola On -Site Support Service provides local, trained and qualified technicians who arrive at your location to diagnose and restore your communications network. Following proven response and restore processes, Motorola Dispatch contacts the local authorized service center in your area and dispatches a qualified technician to your site. An automated escalation and case management process ensures that technician site arrival and system restoration comply with contracted response times. The field technician restores the system by performing first level troubleshooting on site. If the technician is unable to resolve the issue, the case is escalated to the System Support Center or product engineering teams as needed. o Annual Preventive Maintenance: ■ Annual Preventive Maintenance Service provides proactive, regularly scheduled operational test and alignment of infrastructure and network components to continually meet original manufacturer's specifications. Certified field technicians perform hands-on examination and diagnostics of network equipment on a routine and prescribed basis. o Network Upgrades: • An on -going system upgrade plan must be in place in order to keep system current and to receive new features and functionalities. If Customer already has a separate System Upgrade Agreement {SUA II}, the upgrade plan in that agreement will be sufficient to receive ongoing Services. • If Customer does not have a separate System Upgrade Agreement, Motorola will provide recommendations and pricing for an appropriate plan. The details of the SUA II specific to the Customer's network will be set forth in Exhibit E and the fees for such upgrade program will be included in the price of the Services for Premier Services. 6. How to Obtain Contracted Sold Services Service Calls will be used for many customer initiated requests. The information provided during the service call will be type of request. To Place a Service Call... Step What you need to do: Information to Provide 1 Call Motorola Call Center Operations 800-323-9949 or Dispatch@motorolasolutions.com 2 Provide Your Customer Name ICIS JOINT POWERS AUTHORITY ,IPA) 3 Type of Request "I would like to open a service call": Incident/Service Request /Technical Question 4 Provide System & Site ID # Refer to Site Summary 5 Identify the Severity Level See Severity Table below 6 Your Name and Telephone Number 7 Description of the Issue As detailed as possible. 8 Record the Service Case Number provided to you by the Customer Support Representative for service call trackin ur oses. If on site support is required to resolve the service request, the Customer Support Representative will dispatch the appropriate local field service provider. To inquire on the Status of a Service Call... 1 Call Motorola Call Center Operations 800-323-9949 2 Provide Your Customer Name ICIS JOINT POWERS AUTHORITY (JPA) 3 Provide Type of Request "I would like to check on the status of a Issue." 4 The Service Case number assigned at the time the service call was opened. The number you documented in Step #8 Priority Level Definitions Priority Level Matrix These definitions are different based on technology and geography — Kindly check with local operations team to get the definitive list Incident Priority Definition Critical -- P1 Core: Core server or core link failure. No redundancy available. Sites/ Subsites: Primary site down. Two RF sites or more than 10% of RF sites down, whichever is greater. Consoles: More than 40% of a site's console positions down. Conventional Channels: Conventional Channel Gateways (CCGW) down without redundancy available. Security Features: Security is non-functional or degraded. Alarm Events: Door, motion, intrusion, power failure, or environmental alarms triggered. High — P2 Core: Core server or link failures. Redundancy available. Consoles: Between 20% and 40% of a site's console positions down. Sites/ Subsites: One Rr site or up to 10% of RF sites down, whichever is greater. Conventional Channels: Up to 50% of CCGWs down. Redundancy available. Network Elements: Site router, site switch, or GPS server down. No redundancy available Medium — P3 Consoles: Up to 20% of a site's console positions down. Conventional Channels: Single channel down. Redundancy available. Network Elements-, Site router/switch or GPS server down. Redundancy available. Low— P4 Service Requests: Minor events and warnings in the system. Preventative and planned maintenance activities (scheduled work). NOTE: The above priority level definitions do NOT apply to the Managed ISSI service. Please refer to the Managed ISSI Statement of Work (SOW) for applicable severity definitions 7. Case Notifications Contacts The following persons at ICIS JOINT POWERS AUTHORITY (JPA) will be notified when the following events occur on a Case: Open, Assigned, Site Arrival, Deferred, and Closure Name: Robert Russell Email: rob.russeill@motorolasolutions.com Network Preventative Maintenance Schedule Baldwin Park, City Of ***Dates are tentative until scheduled by Field Service Organization (FSO)*** System Name NPM Date SZ891 DD35 JUL-2023-2028 ICI, JPA ***Dates are tentative until scheduled by Field Service Organization (FSO)*** System name NPM Date SZ891 D NPM Date SZ891 D JUL-2023 SZ891 D JUL-2024 SZ891 D JUL-2025 SZ891 D JUL-2026 SZ891 D JUL-2027 SZ891 D08 JUL-2028 SZ891 D08 JUL-2023 SZ891 D08 JUL-2024 SZ891 D08 JUL-2025 SZ891 D08 JUL-2026 SZ891 D08 JUL-2027 SZ891 D10 JUL-2028 SZ891 D10 SEP-2023 SZ891 D10 SEP-2024 SZ891 D10 SEP-2025 SZ891 D10 SEP-2026 SZ891 D10 SEP-2027 SZ891 D1001 SEP-2028 SZ891 D 1001 SEP-2023 SZ891 D 1001 SEP-2024 SZ891 D1001 SEP-2025 SZ891 D1001 SEP-2026 SZ891 D1001 SEP-2027 SZ891 D1002 SEP-2028 SZ891 D 1002 SEP-2023 SZ891 D 1002 SEP-2024 SZ891 D1002 SEP-2025 SZ891 D 1002 SEP-2026 SZ891 D1002 SEP-2027 SZ891 D 1003 SEP-2028 SZ891 D1003 SEP-2023 SZ891 D1003 SEP-2024 SZ891 D1003 SEP-2025 SZ891 D1003 SEP-2026 SZ891 D1003 SEP-2027 SZ891 DI SEP-2028 SZ891 D11 JUN-2023 SZ891 D 11 JUN-2024 SZ891 D 11 JUN-2025 SZ891 D 11 JUN-2026 SZ891 D11 JUN-2027 SZ891 D1101 JUN-2028 SZ891 D1101 JUN-2023 SZ891 D1101 JUN-2024 SZ891 D 1101 JUN-2025 SZ891 D 1101 JUN-2026 SZ891 D1101 JUN-2027 SZ891 D1102 JUN-2028 SZ891 D1102 JUN-2023 SZ891 D1102 JUN-2024 SZ891 D 1102 JUN-2025 SZ891 D 1102 JUN-2026 SZ891 D 1102 JUN-2027 SZ891 D 1103 JUN-2028 SZ891 D 1103 JUL-2023 SZ891 D 1103 JUL-2024 SZ891 D1103 JUL-2025 SZ891 D1103 JUL-2026 SZ891 D1103 JUL-2027 SZ891 D1104 JUL-2028 SZ891 D1104 JUL.-2023 SZ891 D 1104 JUL-2024 SZ891 D 1104 JUL.-2025 SZ891 D 1104 J U L-2026 SZ891 D1104 JUL-2027 SZ891 D1106 JUL-2028 SZ891 D 1106 JUL-2023 SZ891 D1106 JUL-2024 SZ891 D 1106 JUL-2025 SZ891 D 1106 J U L-2026 5Z891 D 1106 JUL-2027 SZ891 D 1107 JUL-2028 SZ891 D 1107 JUN-2023 SZ891 D1107 JUN-2024 SZ891 D1107 JUN-2025 SZ891 D 1107 JUN-2026 SZ891 D1107 JUN-2027 SZ891 D12 JUN-2028 SZ891 D12 JUL-2023 SZ891 D 12 JUL-2024 SZ891 D 12 JUL-2025 SZ891 D 12 JUL-2026 SZ891 D12 JUL-2027 SZ891 D13 JUL-2028 SZ891 D13 JUL-2023 SZ891 D 13 JUL-2024 SZ891 D13 JUL-2025 SZ891D13 JUL-2026 SZ891 D 13 JUL-2027 SZ891 D 1301 JUL-2028 SZ891 D 1301 JUL-2023 SZ891 D 1301 JUL-2024 SZ891 D1301 JUL-2025 SZ891 D 1301 JUL-2026 SZ891 D1301 JUL-2027 SZ891 D 1302 JUL-2028 SZ891 D1302 AUG-2023 SZ891 D1302 AUG-2024 SZ891 D1302 AUG-2025 SZ891 D 1302 AUG-2026 SZ891 D1302 AUG-2027 SZ891 D 1303 AUG-2028 SZ891 D1303 APR-2023 SZ891 D1303 AUG-2024 SZ891 D1303 AUG-2025 SZ891 D1303 AUG-2026 SZ891 D1303 AUG-2027 SZ891 D1304 AUG-2028 SZ891 D1304 AUG-2023 SZ891 D1304 AUG-2024 SZ891 D 1304 AUG-2025 SZ891 D1304 AUG-2026 SZ891 D 1304 AUG-2027 SZ891 D1305 AUG-2028 SZ891 D1305 AUG-2023 SZ891 D1305 AUG-2024 SZ891 D 1305 AUG-2025 SZ891 D 1305 AUG-2026 SZ891 D1305 AUG-2027 SZ891 D1306 AUG-2028 SZ891 D1306 AUG-2023 SZ891 D 1306 AUG-2024 SZ891 D 1306 AUG-2025 SZ891 D 1306 AUG-2026 SZ891 D1306 AUG-2027 SZ891 D1307 AUG-2028 SZ891 D1307 AUG-2023 SZ891 D1307 AUG-2024 SZ891 D 1307 AUG-2025 SZ891 D 1307 AUG-2026 SZ891 D1307 AUG-2027 SZ891 D14 AUG-2028 SZ891 D14 JUL-2023 SZ891 D 14 JUL-2024 SZ891 D 14 JUL-2025 SZ891 D 14 JUL-2026 SZ891 D 14 JUL-2027 SZ891 D 1401 JUL-2028 SZ891 D 1401 AUG-2023 SZ891 D1401 AUG-2024 SZ891 D1401 AUG-2025 SZ891 D1401 AUG-2026 SZ891 D1401 AUG-2027 SZ891D1402 AUG-2028 SZ891D1402 JUL-2023 SZ891D1402 JUL-2024 SZ891D1402 JUL-2025 SZ891D1402 JUL-2026 SZ891D1402 JUL-2027 SZ891 D15 JUL.-2028 SZ891 D15 JUL-2023 SZ891 D 15 JUL-2024 SZ891 D 15 JUL-2025 SZ891 D 15 JUL-2026 SZ891 D15 JUL-2027 SZ891 D1501 JUL-2028 SZ891 D1501 JUL-2023 SZ891D1501 JUL-2024 SZ891 D1501 JUL-2025 SZ891 D1501 JUL-2026 SZ891 D1501 JUL-2027 SZ891 D 1502 JUL-2028 SZ891 D 1502 J U L-2023 SZ891 D 1502 JUL-2024 SZ891 D 1502 JUL-2025 SZ891 D1502 JUL-2026 SZ891 D1502 JUL-2027 SZ891 D1503 JUL-2028 SZ891 D 1503 J UL-2023 SZ891 D 1503 JUL-2024 SZ891 D 1503 JUL-2025 SZ891 D 1503 JUL-2026 SZ891D1503 JUL-2027 SZ891 D 16 J U L-2028 SZ891 D 16 AUG-2023 SZ891 D 16 AUG-2024 SZ891 D16 AUG-2025 SZ891 D16 AUG-2026 SZ891 D16 AUG-2027 SZ891 D1601 AUG-2028 SZ891 D1601 AUG-2023 SZ891 D1601 AUG-2024 SZ891 D 1601 AUG-2025 SZ891 D 1601 AUG-2026 SZ891 D1601 AUG-2027 SZ891 D1602 AUG-2028 SZ891 D1602 AUG-2023 SZ891 D 1602 AUG-2024 SZ891 D 1602 AUG-2025 SZ891 D 1602 AUG-2026 SZ891 D 1602 AUG-2027 SZ891 D17 AUG-2028 SZ891 D17 AUG-2023 SZ891 D17 AUG-2024 SZ891 D 17 AUG-2025 SZ891 D17 AUG-2026 SZ891 D17 AUG-2027 SZ891 D19 AUG-2028 SZ891 D19 AUG-2023 SZ891 D19 AUG-2024 SZ891 D19 AUG-2025 SZ891 D 19 AUG-2026 SZ891 D 19 AUG-2027 SZ891 D1901 AUG-2028 SZ891 D1901 AUG-2023 SZ891 D1901 AUG-2024 SZ891 D1901 AUG-2025 SZ891 D 1901 AUG-2026 SZ891 D 1901 AUG-2027 SZ891 D1902 AUG-2028 SZ891 D1902 JUL-2023 SZ891 D1902 JUL-2024 SZ891 D 1902 JUL-2025 SZ891 D 1902 AJ U L-2026 SZ891 D 1902 JUL-2027 SZ891 D20 JUL-2028 SZ891 D20 AUG-2023 SZ891 D20 AUG-2024 SZ891 D20 AUG-2025 SZ891 D20 AUG-2026 SZ891 D20 AUG-2027 SZ891 D2001 AUG-2028 SZ891 D2001 AUG-2023 SZ891 D2001 AUG-2024 SZ891 D2001 AUG-2025 SZ891 D2001 AUG-2026 SZ891 D2001 AUG-2027 SZ891 D2002 AUG-2028 SZ891 D2002 AUG-2023 SZ891 D2002 AUG-2024 SZ891 D2002 AUG-2025 SZ891 D2002 AUG-2026 SZ891 D2002 AUG-2027 SZ891 D2003 AUG-2028 SZ891 D2003 AUG-2023 SZ891 D2003 j AUG-2024 SZ891 D2003 AUG-2025 SZ891 D2003 AUG-2026 SZ891 D2003 AUG-2027 SZ891 D2004 AUG-2028 SZ891 D2004 AUG-2023 SZ891 D2004 AUG-2024 SZ891 D2004 AUG-2025 SZ891 D2004 AUG-2026 SZ891 D2004 AUG-2027 SZ891 D2005 AUG-2028 SZ891 D2005 AUG-2023 SZ891 D2005 AUG-2024 SZ891 D2005 AUG-2025 SZ891 D2005 AUG-2026 SZ891 D2005 AUG-2027 SZ891 D2006 AUG-2028 SZ891 D2006 AUG-2023 SZ891 D2006 AUG-2024 SZ891 D2006 AUG-2025 SZ891 D2006 AUG-2026 SZ891 D2006 AUG-2027 SZ891 D40 AUG-2028 SZ891 D40 AUG-2023 SZ891 D40 AUG-2024 SZ891 D40 AUG-2025 SZ891 D40 AUG-2026 SZ891 D40 AUG-2027 SZ891 D4001 AUG-2028 SZ891 D4001 AUG-2023 SZ891 D4001 AUG-2024 SZ891 D4001 AUG-2025 SZ891 D4001 AUG-2026 SZ891 D4001 AUG-2027 SZ891 D4002 AUG-2028 SZ891 D4002 AUG-2023 SZ891 D4002 AUG-2024 SZ891 D4002 AUG-2025 SZ891 D4002 AUG-2026 SZ891 D4002 AUG-2027 SZ891 DB1_(DSR) AUG-2028 SZ891 DB1_(DSR) AUG-2023 SZ891 DB1_(DSR) AUG-2024 SZ891 DB1_(DSR) AUG-2025 SZ891 DB1_(DSR) AUG-2026 SZ891 DB1_(DSR) AUG-2027 SZ891 DD05 AUG-2028 SZ891 DD05 JUL-2023 SZ891 DD05 JUL-2024 SZ891 DD05 JUL-2025 SZ891 DD05 JUL-2026 SZ891 DD05 JUL-2027 SZ891 DD06 JUL-2028 SZ891 DD06 JUL-2023 SZ891 DD06 JUL-2024 SZ891 DD06 JUL-2025 SZ891 DD06 JUL-2026 SZ891 DD06 JUL-2027 SZ891 DD21 JUL-2028 SZ891 DD21 JUL-2023 SZ891 DD21 JUL-2024 SZ891 DD21 JUL-2025 SZ891 DD21 JUL-2026 SZ891 DD21 JUL-2027 SZ891 DD22 JUL-2028 SZ891 DD22 JUL-2023 SZ891 DD22 JUL-2024 SZ891 DD22 JUL-2025 SZ891 DD22 JUL-2026 SZ891 DD22 JUL-2027 SZ891 DD23 JUL-2028 SZ891 DD23 AUG-2023 SZ891 DD23 AUG-2024 SZ891 DD23 AUG-2025 SZ891 DD23 AUG-2026 SZ891 DD23 AUG-2027 SZ891 DD24 AUG-2028 SZ891 DD24 JUL-2023 SZ891 DD24 JUL-2024 SZ891 DD24 JUL-2025 SZ891 DD24 JUL-2026 SZ891 DD24 JUL-2027 SZ891 DD25 JUL-2028 SZ891 DD25 JUL-2023 SZ891 DD25 JUL-2024 SZ891 DD25 JUL-2025 SZ891 DD25 JUL-2026 SZ891 DD25 JUL-2027 SZ891 DD26 JUL-2028 SZ891 DD26 JUL-2023 SZ891 DD26 JUL-2024 SZ891 DD26 JUL-2025 SZ891 DD26 JUL-2026 SZ891 DD26 JUL-2027 SZ891 DD28 JUL-2028 SZ891 DD28 AUG-2023 SZ891 DD28 AUG-2024 SZ891 DD28 AUG-2025 SZ891 DD28 AUG-2026 SZ891 DD28 AUG-2027 SZ891 DD29 AUG-2028 SZ891 DD29 AUG-2023 SZ891 DD29 AUG-2024 SZ891 DD29 AUG-2025 SZ891 DD29 AUG-2026 SZ891 DD29 AUG-2027 SZ891 DD31 AUG-2028 SZ891 DD31 JUL-2023 SZ891 DD31 JUL-2024 SZ891 DD31 JUL-2025 SZ891 DD31 JUL-2026 SZ891 DD31 JUL-2027 SZ891 DD33 JUL-2028 SZ891 DD33 JUL-2023 SZ891 DD33 JUL-2024 SZ891 DD33 JUL-2025 SZ891 DD33 JUL-2026 SZ891 DD33 JUL-2027 SZ891 DD34 JUL-2028 SZ891 DD34 JUL-2023 SZ891 DD34 JUL-2024 SZ891 DD34 JUL-2025 SZ891 DD34 JUL-2026 SZ891 DD34 JUL-2027 SZ891 D D35 JUL-2028 SZ891 DD35 JUL-2023 SZ891 DD35 JUL-2024 SZ891 DD35 JUL-2025 SZ891 D D35 JUL-2026 SZ891 D D35 JUL-2027 SZ891 D D36 JUL-2028 SZ891 DD36 JUL-2023 SZ891 DD36 JUL-2024 SZ891 DD36 JUL-2025 SZ891 D D36 JUL-2026 SZ891 DD36 JUL.-2027 SZ891 DD37 JUL-2028 SZ891 DD37 JUL-2023 SZ891 DD37 JUL-2024 SZ891 DD37 JUL-2025 SZ891 DD37 JUL-2026 SZ891 DD37 JUL-2027 SZ891 D D41 JUL-2028 SZ891 DD41 AUG-2023 SZ891 DD41 AUG-2024 SZ891 DD41 AUG-2025 SZ891 DD41 APR-2026 SZ891 DD41 AUG-2027 SZ891 DD42 AUG-2028 SZ891 DD42 AUG-2023 SZ891 DD42 AUG-2024 SZ891 DD42 AUG-2025 SZ891 DD42 AUG-2026 SZ891 DD42 AUG-2027 SSC Site Summary with Services Baldwin Park City Of N R S O f3 P S U I I M I N T U A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER S R S 1 R M S S E SZ891DD35 Baldwin Park 14403 E PACIFIC AVE California Region FSO X X X X X X X X X PD BALDWIN PARK, CA91706 Toluca Lake, CA I I ICI, JPA N R P O S 5 D N N M I I U U I S T A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER M 1 R R S S S M S E SZ891D CIVIC CENTER 120 N ISABEL ST California Reglon FSO x X X X X X X X X X MASTER M3 GLENDALE, CA 91206 Toluca Lake, CA SZ891008 HAUSER END OF HAUSER TRL California Region FSO X X X X X X X X X X PEAK ACTON, CA 93510 Toluca Lake, CA SZ891 D10 PASADENA 200D GLEN OAKS BLVD California Region FSO X X X X X X X X X X PRIME PASADENA, CA 91103 Toluca Lake, CA SZ8911310D1 MIRADOR 20M GLEN OAKS BLVD California Region FSO X X X X X X X X X X REMOTE PASADENA, CA 91103 Toluca Lake, CA SZ891D1002 PASADENA PASADENA POLICE DEPT, 207 N California Region FSO X X X X X X X X X X PD GARFIELD AVE, Toluca Lake, CA PASADENA, CA 91101 SZ89101003 GOODRICH 3005 FOOTHILL BLVD California Region FSO X X X X X X X X X X PASADENA, CA 91107 Toluca Lake, CA -SZ891D11 Glendale P25 131 N ISABEL ST California Region FSO X X X X X X K X X X Prime GLENDALE, CA 91206 Toluca Lake, CA N R p 0 S S D N N M I I U U € S T A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER M 7 R R S S 5 M S E S7891131101 Civic Center 131 N ISABEL ST California Region FSO X X X X X X X X X X GLENDALE, CA 91203 Toluca Lake, CA 87891 D1102 San Augustine 3968 SAN AUGUSTINE DR California Region FSQ X X X X X X X X X X GLENDALE, CA 91206 Toluca Lake, CA SZ891DI103 Mi. Thom 200 W LAS FLORES MOTORWAY Cafrfomia Region FSO X X X X X X X X X X GLENDALE, CA 91206 Toluca Lake, CA SZ891 D1104 MI. Lukens MOUNT UNION TELECOM BLDG California Region FSO X X X X X X X X X X MOUNT LUKENS Toluca Lake, CA SAN DIEGO, CA 92106 SZ891D 1106 ML Lee 3800 MOUNT LEE DR California Region FSO X X X X X X X X X X LOS ANGELES, CA 90068 Toluca Lake, CA SZ891D1107 Adams Hill 1250 SCENIC DR California Region FSO X X X X X X X X X X GLENDALE, CA 91205 Toluca Lake, CA SZ691 D12 OAT NIKE P25 NEW STATE OF CA BLDG California Region FSO X X X X X X X X X X CHATSWORTH, CA 91311 Toluca Lake, CA SZ8911313 Montebello 1343 N MONTEBELLO BLVD California Region FSO X X X X X X X X X X Prime MONTE8ELLO, CA 90640 Toluca Lake, CA SZ691D1301 MTB Res 1343 N MONTEBELLO BLVD California Region FSO X X X X X X X X X X MONTEBELLO, CA 90640 Toluca Lake, CA SZ891D1302 Quiet Canon 901 VIA SAN CLEMENTE California Region FSO X X X X X X X X X X MONTEBELLO, CA 90640 Toluca Lace, CA SZ891D1303 Starlight 12641 W CARINTHIA California Region FSO X X X X X X X X X X MONTEBELLO, CA 90640 Toluca Lake, CA SZ891 D1304 Fire Station 56 1168 S GREENWOOD AVE California Region FSO X X X X X X X X X X MONTEBELLO, CA W640 Toluca Lake, CA N R P O S S D N N M I I U U I S T A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER M 1 R R S S S M S E SZ891D1305 Vernon 2800 5 SOTO ST California Region FSO X X X X X X X X X X VERNON, CA90058 Toluca Lake, CA SZ891 ❑1306 Garvey Res ORANGE AVE California Region FSO K X X X X X X X X X REY PARK, CA 91755 Toluca Lake, CA SZ8911)1307 Santa Fe MMENS WAY LBURSANK, California Region FSO X X X X X X X X X X Springs FE SPRINGS, CA 90670 Toluca Lake, CA SZ891D14 Burbank P25 CITY OF, 200 N THIRD California Region FSO X X X K X X X X X X ST, Toluca Lake, CA BURBANK, CA 91502 SZB91 D1401 Tower BURBANK, CITY OF. 3900 W California Region FSO X X X X X X X X X X ALAMEDA, Toluca Lake, CA BURBANK, CA 91523 SZ891D1402 Reservoir BURBANK, CITY OF, 740 FEET NF Caiifornia Region FSO X X X X X X X X X X OF INTERSECTION OF MAGNOLIA Toluca Lake, CA & SU NSET, BURBANK CA 91501 SZ891D15 POMONA 490 W MISSION AVE California Region FSO X X X X X X X X X X PD-PRIME POMONA, CA 91766 Toluca Lake, CA SZ8911)1501 RESERVOIR 13016 TRAIL VIEW LN California Region FSO X X X X X X X X X X 12 - REMOTE CHINO HILLS, CA 91709 Toluca Lake, CA SZ891 D1502 SAN DIMAS - 314 VIA BLANCA California Region FSO X X X X X X X X X X REMOTE SAN DIMAS, CA 91773 Toluca Lake, CA 5Z891D1503 CLAREMONT 1616 MONTE VISTA AVE California Region FSO X X X X X X X X X X CITY YARD CLAREMONT, CA 91711 Toluca Lake, CA SZ891D16 BEVERLY 464 N REXFORD DR California Region FSO X X X X X X X X X X HILLS DISP BEVERLY HILLS, CA 90210 Toluca Lake, CA EQUIP ROOM SZ891 D1601 BEVERLY 464 N REXFORD DR California Region FSO X X X X X X X X X X HILLS PD - BEVERLY HILLS, CA 90210 Toluca Lake, CA PENTHOUSE SZ891 D1602 WALKER 400 WALKER DR California Region FSO N R P O S S D M I I U U [ SITE ID SITE NAME SITE ADDRESS SERVICE PROV€DER M 1 R R S S S qN DRIVE BEVERLY HILLS, CA 90210 Toluca Lake, CA X X X X X X X SZ891D17 Culver City P25 9770 CULVER BLVD California Region FSO X X X X X X X X X X CULVER CITY, CA 90232 Toluca Lake, CA SZ891 D19 Johnstone 2800 SYCAMORE FLATS California Region FSO X X X X X X X X X X Peak MOTORWAY Toluca Lake, CA SAN D€MAS, CA 91773 SZ891 D1901 Johnstone 2800 SYCAMORE FLATS California Region FSO X X X X X X X X X X Peak MOTORWAY Toluca Lake, CA SAN DIMAS, CA 91773 SZ091DI902 BKK 22301Y2 S AZUSA AVE Caiifornia Region FSO X X X X X X X X WEST COVINA, CA91792 Toluca Lake, CA I I SZ691D20 South Bay Site 3031 TORRANCE BLVD Caf'rfornia Region FSO X X X X X X X X X X 20 TORRANCE, CA 90503 Toluca Lake, CA 437891D2001 TORRANCE 3031 TORRANCE BLVD California Region FSO X X X X X X X X X X CITY HALL TORRANCE, CA 90503 Toluca Lake, CA SZ891 D2002 MANHATTAN 1431 6TH ST California Region FSO X X X X X X X X X X BEACH MANHATTAN BEACH, CA 90266 Toluca Lake, CA WATER TANK SZ891 D2003 PUNTA PLACE 1700 112 PUNTA PLACE Caftmia Region FSO X X X X X X X X X X PALOS VERDES ESTATES, CA Toluca Lake, CA 90274 S7891D2004 SBRPCA 4440 W BROADWAY California Region FSD X X X X X X X X X X (RCC) HAWTHORNE, CA 90250 Toluca Lake, CA SZ891D2005 GARDENA 171E WEST 162ND ST California Region FSO X X X X X X X X X X POLICE GARDENA, CA90247 Toluca Lake, CA DEPARTMENT S7891 52006 EL SEGUNDO 400 LOMITA ST California Region FSO X X X X X X X X X X WATERTANK EL SEGUN DO, CA90245 Toluca Lake, CA SZ891 D40 PSF Prime 333 OLYMPIC DR California Region FSO X X X X X X X X X X Santa Monica, CA 90401 Toluca Lake, CA N R P 0 S S 0 N N M I I U U I S T A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER M 1 R R S S S M S E SZB91 D4001 100 Wilshire 100 WILSHIRE BLVD California Region FSO X X X X X X X X X X Santa Monica, CA 90401 Toluca Lake, CA SZ891D4002 Franklin Hill 953 FRANKLIN ST California Region FSO X X X X X X X X X X Santa Monica, CA 90403 Touca Lake, CA Glendale DSR 333 OLYMPIC DR California Region FSO X X X X X X X X X X SZ891 D81_(DS SANTA MONICA, CA 90401 Toluca Lake, CA R) SZ891 DD05 PASADENA PASADENA POLICE DEPT, 207 N California Region FSO X X X X X X X X X X PD DISPATCH GARFIELD AVE, Toluca Lake, CA PASADENA., CA91101 SZ891 D€ W RADIO SHOP 323 W MOUNTAIN ST California Region FSO X X X X X X X X X X PASADENA, CA 91103 Toluca Lake, CA SZ891 DD21 Glendale PD 131 N ISABEL ST CaTifornia Region FSO X X X X X X X X X X Dispatch GLENDALE, CA 91205 Toluca Lake, CA SZ891DD22 Burbank PD BURBANK, CITY OF, 200 N THIRD California Region FSO X X X X X X X X X X MCC ST, Toluca Lake, CA BURBANK, CA 91502 SZ8910D23 Beverly Hills 464 N REXFORD DR, BEVERLY California Region FSO X X X X X X X X X X Police HILLS 90210, Toluca Lake, CA Department BEVERLY HILLS, CA90210 SZ891DD24 MTBPD 1600 W BEVERLY BLVD California Region FSO X X X X X X X X X X MONTEBELLO, CA 90640 Toluca Lake, CA SZ8910D25 MBL_DISPATC 311 S GREENWOOD AVE California Region FSO X X X X X X X X X X H MONTEBELLO, CA 90640 Toluca Lake, CA �SZ691 DD26 West Covina W COVINA POLICE DEPT, CITY OF, California Region FSO X X X X X X X X X X PD 1444 W GARVEY AVE, Toluca Lake, CA W COVINA 91790 0001 West Covina, CA 91790 SZ891 DD28 Glendora PD GLENDORA POLICE, 150 S California Region FSO X X X X X K X X X X GLENDORAAVE, Toluca Lake, CA GLENDORA, CA 91741 N R P O S S D N N M 1 I U U 1 S T A SITE ID SITE NAME SITE ADDRESS SERVICE PROVIDER M 1 R R S S S M S E SZ891OD29 Azusa PD 725 N ALAMEDA AVE California Region FSO X X X X X X X X X X AZUSA, CA 9W02 Toluca Lake, CA SZ891DI)31 Glendale Shop 120 N ISABEL ST California Region FSO X X X X X X X X X X GLENDALE, CA 91206 Toluca lake, CA SZ891 DD33 LA VERNE 2061 THIRD ST California Region FSO X X X X X X X X X X POLICE DEPT LA VERNE, CA 91760 Toluca Lake, CA SZ891 DD34 Pomona Gisp 490 W MISSION AVE California Region FSO X X X X X X X X X X POMONA, CA 91766 Toluca Lake, CA 8Z891DD35 Baldwin Park 14403 E PACIFIC AVE California Region FSO X X X X X X X X X X PD BALDWIN PARK CA91706 Toluca Lake, CA S7891 DD36 COVINA PD 444 N CITRUS AVE California Region FSO X X X X X X X X X X Covina, CA 91723 Toluca Lake, CA 878DIDD37 TORRANCE 3300 CIVIC CTR DR California Region FSO X X X X X X X X X X PD TORRANCE, CA 90503 Toluca Lake, CA 8789IDD41 PSF Console 333 OLYMPIC DR California Region FSO X X X X X X X X X X Site Santa Monica, CA 90401 Toluca Lake, CA SZ891 DD42 Santa Monica 3223 DONALD DOUGLAS LOOP California Region FSO X X X X X X X X X X Airport Santa Monica, CA 90405 Toluca Lake, CA Acronym Meaning AE Advance Exchange ❑IS Dispatch IR Infrastructure Repair NM Network Monitoring NPMt Nelvmrk Preventive Maintenance - Level t NSM Nehvork Security Monitoring OIR Onsite €fifrastruclure Response -Standard Rsus Remota Security Update Service sus Security Update Service Ts Technical Support ITEM NO, STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Robert Lopez, Interim Chief of Police DATE: December 16, 2020 SUBJECT: Purchase of Software Mandated by State and Federal; Law SUMMARY This report requests City Council approval for the purchase and installation of computer software needed for the Police Department to become compliant with state and federal legislation. RECOMMENDATION Staff recommends City Council: Waive the formal bidding process pursuant to 34.23(C) of the Baldwin Park Municipal Code for this purchase, requiring a 4/5 vote, because Spillman Technologies is an existing contract vendor providing the Police Department's Computer Aided Dispatch and Records Management System platforms and is thus a sole -source vendor for this additional software to be used on their platforms, and 2. Authorize the Police Department to purchase the requested software products, and 3. Authorize the Director of Finance to appropriate $42,351.17 from account #205.30.310.58110.13030, and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. FISCAL IMPACT There will be no fiscal impact to the general fund. Federal Asset Forfeiture funds will be utilized to make this purchase. BACKGROUND California Assembly Bill 953, the Racial and Identity Profiling Act ("RIPA"), was signed into law in 2016. It requires law enforcement agencies to report stop data statistics to the California Department of Justice, The reporting requirement commencement date varies based on the size of the agency. The Baldwin Park Police Department must begin submitting this data on January 1, 2022. At the federal level, the Federal Bureau of Investigation's Uniform Crime Reporting ("UCR") program is being replaced with the National Incident Based Reporting System ("NIBRS"). NIBRS will be implemented during the 2021 calendar year. Both RIPA and NIBRS will require all law enforcement agencies to submit much more detailed information when reporting cringe statistics to the California and United States Departments of Justice. RIPA will require that information such as the perceived and actual race, ethnicity, gender, and age of persons stopped by police officers, and many other factors, are reported to the State. NIBRS will expand UCR's current eight categories of crimes to over thirty reportable categories and establishes new guidelines for how crimes are categorized and reported when multiple crimes are committed in a single incident. AUTHORIZE PURCHASE OF RIPA AND NIBRS SOFTWARE PROGRAMS December 16, 2020 Pap-e 2 Both laws require software solutions integrated into the Computer -Aided Dispatching and Records Management Systems ("CAD/RMS") in use by virtually all law enforcement agencies. Major CAD/RMS providers including BPPD's Spillman Technologies are working in concert with both Departments of Justice to ensure that the software will be fully compliant with state and federal regulations. Spillman Technologies is expected to finish and install the software onto BPPD's CAD/RMS computer server within the next few months. Because Spillman Technologies is the manufacturer of BPPD's CAD/RMS systems, they are a sole source provider for this software solution. Spillman Technologies is a fully -owned subsidiary company of Motorola Solutions; as such the attached price quotes bear Motorola Solutions logos. The combined purchase price of both software prograuis exceeds $25,000.00 to a single vendor, therefore these purchases are being brought to City Council to consideration as per City of Baldwin Park purchasing rules. LEGAL REVIEW Not Applicable. ALTERNATIVES State and federal laws require local compliance with RIPA and NIBRS; as such there is no alternative through which the Police Department can become compliant with these legal mandates. ATTACHMENTS RIPA purchase price quote from Motorola Solutions. NIBRS purchase price quote from Motorola Solutions. 0 TOROLA SOLUTIONS Quoted Date: September 10, 2020 Quote Number: 200423 Quote Expiration: July 22, 2021 Prepared By: Tally Gochis Services Included • First -year Maintenance — For the specific modules) listed in this document, all upgrades and live phone support services are included for the entire first year. Project Management and Installation — Motorola Solutions will assign a Flex Project Manager as the agency's single point of contact. This individual will coordinate Motorola's expert installation and training staff as needed to ensure a smooth upgrade transition. CA Racial & Identity Profiling Module Package Quote $17,490.28 Payment Terms *Preapproved to split up payment hi half across two fiscal years. t ® Future maintenance is estimated for your planning purposes and is not included in this purchase. 4 2nd-year maintenance will begin 12 months from production implementation. 2nd-year Maintenance Total: $2,284.34 The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchpement, as well as the related License Agreement and Support Agreement, shall apply to the iteni, of herein. Baldwin Park Police Department 'ro(K G Customer Name Authoegs ed Si L-tom Date Print Name and Title 0 'T`OR LA SOLUTIONS Quoted Date: September 10, 2020 Quote Number: 200423 Quote Expiration: Dec 22, 2020 Prepared By: Tally Gochis T 4 First -year Maintenance — For the specific module(s) fisted in this document, all upgrades and live phone support services are included For the entire first year. • Project Management and Installation — Motorola Solutions will assign a Flex Project Manager as the agency's single point of contact. This individual will coordinate Motorola's expert installation and training staff as needed to ensure a smooth upgrade transition. • California 11311 ;} Package Quote ® Training 3 $247860.89 x'Preapproved to split payment in half across two fiscal years. Future maintenance is estimated for your planning purposes and is not included in this purchase. 2nd-year maintenance will begin 12 months from production implementation. 2nd-year Maintenance Total: $3,068.28 The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purc s reement, as well as the related License Agreement and Support Agreement, shall apply to the t s_gu . ed herein. Baldwin Park Police Department 13 Customer Name Au# izej i n re Date Print Name and Title Page 111 M070#701-A SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Transaction Total 500 West Monroe 1187095623 15-MAR-2023 19,151.86 USD Chicago IL 60661 United States P.O. Number P.O. Date Customer Account No Federal Tax ID: 36-1115800 NA 17-DEC-2020 10113G0352 Payment Terms Payment clue Date Visit our website at wvnv.motorolasolutions.com Net Dun In 30 Days 14-APR-2023 Bill To Address Ship To Address BALDWIN PARK POLICE DEPT, CITY OF Project No: USCA20DI35 BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE 14403 E PACIFIC AVE Project Name: BALDWIN PARK PD USCA20D135 BALDWIN PARK CA 91706 BALDWIN PARK CA 91706 United States United States IMPORTANT INFORMATION For all invoice payment inquiries contact splinvcs@motorolasolutions.com Telephone: (801) 882-2693 Sales Order(s): 3201982983 .15PEC Line Item Number Description (3ty. Unit Price Amount Item # (USD) (USD) 1 CA racial&Identity profiling Module 1 17,490.28 17,490.28 2 Tax(9.5%) 1 1,661.58 1,661.58 USD Subtotal 19,151.86 USD Total Tax 0.00 USD Total 19,161.86 USD Amount Due 19,151.86 Please detach here and return the bottom portion with your payment ---------------------------------------------------------------------------------------------------- Payment Coupon Transaction Number Customer Account No Payment Due Date Transaction Total Amount Paid 1187095623 1011360352 14-APR-2023 1 1 19.151.86 USD Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE BALDWIN PARK CA 91706 United States Payment Transfer Details CHICAGO WIRE Routing Transit Number: 026009593 ACHIEFT Routing Transit Number: 111000012 SWIFT: BOFAUS3N Banc Account No: 3756319819 Send Payments To: 0 M070190LA SOLUTIONS Motorola Solutions, Inc. 13104 Collections Center Drive Chicago IL 60693 United States Please provide your remittance details to: US.remittance@motorolasolutions.com DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED Page 111 MOTOR01-A SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Transaction Total 500 West Monroe 1187096164 24 MAR 2D23 27,222.67 USD Chicago IL 60661 United States P.O. Number P.O. Date Customer Account No Fedora[ Tax ID: 36-1115800 NA 17-DEC-2020 1011360362 Payment Terms Payment Due Date Visit our website at vnvw.motorolasolutions.com Net flue in 30 Days 23-APR-2023 Bill To Address Ship To Address BALDWIN PARK POLICE KEPT, CITY OF Project No: USCA2013135 BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE 14403 E PACIFIC AVE Project Name: BALDWIN PARK PD USCA20D135 BALDWIN PARK CA 91706 BALDWIN PARK CA 91706 United Stales United Slates IMPORTANT INFORMATION For all invoice payment inquiries contact splinvcs@motorolasolutions.com Telephone: (801) 882-2693 Sales Order(s): 3201982983 SPECIAL INSTRUCTIONS ICOMMENTS Line Item Number Description Qty. Unit Price Amount Item # (USD) (USD) 1 California IBR 1 24,860.89 24,860.89 2 Tax(9.5%) 1 2,361.78 2,361.76 USD Subtotal 27,222.67 USD Total Tax 0.00 USD Total 27,222.67 USD Amount Due 27,222.67 Please detach here and return the bottom portion with your payment -.-.--.-.--_-__..---.--.--- -.--.----------------------------------------------------------------------------- Payment Coupon Transaction Number Customer Account No Payment Due Date Transaction Total Amount Paid 1187096164 101136( 1 23-APR-2023 1 1 27,222.67 USD Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. BALDWIN PARK POLICE DEPT, CITY OF ATTN: Accounts Payable 14403 E PACIFIC AVE BALDWIN PARK CA91706 United States Payment Transfer Details CHICAGO WIRE Routing Transit Number: 026009593 ACHIEFT Routing Transit Number: 111000012 SWIFT: BOFAUS3N Bank Account No: 3756319819 Send Payments To: 0 MOTOROLA SOLUTIONS Motorola Solutions, Inc. 13104 Collections Center Drive Chicago IL 60693 United States Please provide your remittance details to: US.remittance@motorolasolutions.com DIVERSION CONTRARY TO EXPORT CONTROL LAW 13 PROHIBITED ITEM NO. 15 �L�� TO: Honorable Mayor and Members of the City Council HI�B of - � FROM: Sam Gutierrez, Director of Public Works sn 'EL PREPARED BY: Anthony Vazquez, Public Works Manager ,A,W;,� DATE: February 7, 2024 SUBJECT: Consider Approval of Amendment No. 1 to the Maintenance Services Agreement (MSA) With Mariposa Landscapes, Inc. for the Landscape Maintenance Services SUMMARY This report seeks the City Council's consideration of approval for Amendment No. 1 (first amendment) to the Maintenance Services Agreement (MSA) with Mariposa Landscapes, Inc. for Landscape Maintenance Services. This amendment will allow the City to extend the original contract term for a period of two (2) additional years and to include an adjusted rate increase of up to 5% for year One (1) and 2.5% for year two (2) pursuant to the Consumer Price Index (CIP) for Los Angeles/ Long Beach/ Anaheim Area. All other provisions of the MSA will remain in effect. RECOMMENDATION It is recommended that the City Council: 1. Approve Amendment No. 1 to the Maintenance Services Contract with Mariposa Landscapes, Inc. for Landscape Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Year One (1) and 2.5% for year Two (2) due to CPI increase; and, 2. Approve an increase to the annual not -to -exceed contract amount from $100,000 to $105,000 in year one (1) and $105,000 to $107,625 in year two (2) to reflect the CPI increase; and, 3. Authorize the Mayor and City Clerk to execute Amendment No. 1; and, 4. Authorize the Finance Director to make necessary budget adjustments. FISCAL IMPACT There is no impact to General Fund. The FY 2023-24 operations budget approved by the City Council on June 21, 2023, includes a budgeted amount of $125,000 for Landscape Maintenance Services. Amendment No. 1 will not exceed the amount of $105,000 in the current fiscal year and $107,625 amount in the subsequent fiscal years. BACKGROUND The City of Baldwin Park's Maintenance Division within the Department of Public works is responsible for the maintenance and operations of the City's infrastructure. The Maintenance Division is comprised of Fleet, Street, Graffiti, Traffic, Lighting, and Park/Street Landscape sections. Pertaining to landscape maintenance, Public Works currently maintains five (5) parks within approximately seven (7) developed acres and approximately 3.2 miles of landscaped center medians along the major corridors throughout the City. On January 20, 2021, the City Council authorized entering into a Maintenance Service Agreement Page I / 2 (MSA) with Mariposa Landscape Inc., to provide landscape maintenance services focusing on various center medians along Amar Rd., Badillo, Baldwin Park Blvd. and Ramona Blvd. corridors., including landscaped slopes of Puente Ave Underpass. DISCUSSION The existing initial three-year MSA with Mariposa Landscapes Inc. is scheduled to conclude on February 1, 2024. Provisions in the MSA allow for two (2) one-year extensions upon mutual agreement of both parties. Mariposa Landscape Inc. has submitted a letter of intent to continue providing services opting for the extensions per the terms of the MSA and requesting adjustment of current rates based on the Consumer Price IndeCPI for Los Angeles/ Long Beach/ Anaheim Area. Due to this factor, there is a need for an amendment to further extend the contract term with a mutually agreed upon increase of rate. The CPI rates are outlined in Amendment No. 1 to the MSA and if approved, a CPI rate cap increase will be placed at 5% for year 1, beginning February 1, 2024, and a 2.5% CPI rate increase for year 2, beginning February 1, 2025. This Amendment No. 1 to the MSA is aimed at ensuring uninterrupted vital professional landscape maintenance services. All other provisions of the MSA will remain in effect. ALTERNATIVES 1. The City Council may choose not to approve an amendment (Amendment #1) and request to send out a Request for Proposal (RFP) for a new Landscape Maintenance Services Agreement. This action is not recommended as this may interrupt vital services. 2. The City Council may choose not to approve this amendment (Amendment #1) and allow to piggy -back on another City's Agreement with Mariposa Landscapes Inc. 3. The City Council may direct staff with alternative direction. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code§ 21065.) To the extent that matters, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Amendment No. 1 — Extension of Contract with CPI increase 2. Contract Extension Request with CPI Increase 3. Exhibit "B" Schedule of Compensation 4. Copy of original MSA for Landscape Maintenance Services THIS AMENDS THE AGREEMENT entered into on the I" day of February 2021. THE FIRST AMENDMENT TO THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT (this "First Amendment") is dated as of February 7th, 2024 (the "Amendment Date"), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the "City"), and MARIPOSA LANDSCAPES, Inc., (Services Provider). RECITALS A. The City and MARIPOSA LANDSCAPES, Inc., entered into a LANDSCAPE MAINTENANCE SERVICES Agreement dated February 1, 2021 (the "Agreement"), which, assigned MARIPOSA LANDSCAPES, Inc. as the services provider named to perform the tasks, obligations, and services set forth in the "Scope of Services" listed as Exhibit A in the Maintenance Service Agreement; and, B. As of the Effective Date of this Amendment No. 1, this Agreement remains in effect. THEREFORE, THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT IS AMENDED AS FOLLOWS: 1. The City and MARIPOSA LANDSCAPES, Inc mutually acknowledge and consent to extending the contract for an additional two (2) years with an increase adjustment to rates by 5% for FY23- 24 and 2.5% for FY24-25, pursuant to the Consumer Price Index (CPI) for the Los Angeles/ Long Beach/ Anaheim area. 2. Section 2, "COMPENSATION" is amended to update compensation set forth in the Agreement as Exhibit B Titled "SCHEDULE OF COMPENSATION" Appendix "A" to reflect the adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25 and shall not exceed the amount of $1.05,000 annual budget for each FY 23-24 and $108,000 for FY24-25. The schedule of compensation in Exhibit `B" of the Agreement shall be replaced with the attached revised Exhibit `B". Section 3, "TIME FOR PERFOMANCE." is amended to update the Agreement's performance term as follows: A. Commencement Date: February 1, 2024 B. Expiration Date: February 1, 2026 TO EFFECTUATE THIS FIRST AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Second Amendment, the duly authorized representatives of the parties have executed this Second Amendment as of the Amendment Date. CITY OF BALDWIN PARK, a California municipal corporation Emmanuel J. Estrada, Mayor Date: . 2024 MARIPOSA LANDSCAPES, Inc. Terry Noriega, President Date: 12024 City Clerk M A R I P 0 S A L A N D S C A P E S I N C Friday December 29, 2023 Anthony Vazquez — Public Works Manager City OfBaldwin Park 1]I35E.Garvey Ave Baldwin Park CA917Oh Phone (626)9hO-399] RE: City of Baldwin Park Landscape Maintenance Contract — Request for Increase and Extension Dear Mr. Vazquez, Mariposa Landscapes, |nu.,hereby requests the extension ofour current landscape maintenance contract for an additional 2 years. With your approval, the first year begin on February 1, 2024 and will end on January 31, 2025 and the second year will begin February 1, 2025 and end January 31,3O3G. The rise in CPI since the inception of the contract in February 2021 to October 2023 is 17%, however we are requesting a modest increase to our contract price and unit prices of 5% for the first year and a 2.5% for the second year to help offset the increase in operating costs over the last ]years. |vvould like totake this opportunity tothank you for allowing Mariposa Landscapes, Inc. to provide professional landscape maintenance tOthe city ofBaldwin Park. \Nelook forward to continuing our partnership for many years tocome. Tony V8|enzu8|U—Bn]nChManager TOny.vU|enzue|a@rn8ripOSU-CU.COmn 626-252-4210ce|| TEL 800"794°9458 0 FAx 626°960°8477 ° www.mahposa-ca.com z55l9ARROW HIGHWAY, |RVV|NDALE,Q\917O5 ~ [ACVNTRACTOR'SUC#592268A,E27,D-49 Our Core Values—Sa�tK " T���Q� ~ O���h/ ° ���g�tu Safety Quality " / M A R I P 0 S A L A N D S C A P E S I N C Contractor shall perform the requested services as set forth in the Scope of Services in accordance with the monthly rate of $8,749.99 and a yearly total contract amount not to exceed The contract costs provides for all labor, material, and equipment to perform landscape maintenance per scope of work (please see exclusions and details). Yescription: This proposal provides for all labor, material and equipment to perform landscape cleanup and maintenance. Proposal includes visiting sites routinely to remove - litter, weed control, and prune shrubs/ roses/ ground cover/ grasses. -xclusions: Irrigation Repairs, pressure washing, and sweeping, graffiti removal. Any city permits are excluded. Pruning trees are also excluded. M-TORMUZIMP =- By: Terry Noriega, President Mariposa Landscapes, Inc. TEL 800 - 794 - 9458 - FAx 626 * 960 @ 8477 9 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 ® CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety - Teamwork - Quality - Integrity J'1BC"R" . CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 22/09/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: CONTACT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 PHONE FAX (A/C, No, Ext):888-333-4949 (A/C, No): 507-446-4664 E-MAIL CLIENTCONTACTCENTER FEDINS.COM OWATONNA, MN 55060 INSURERS AFFORDING COVERAGE NAIC # INSURERA:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 171-235-5 INSURER B: MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST INSURER C: — IRWINDALE, CA 91702-3267 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 335 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRX TYPE OF INSURANCE ADDL SUBR POLICY NUMBERMIL POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100 000 MED EXP (Any one person) EXCLUDED PERSONAL & ADV INJURY $1 000 000 A Y Y 6069499 04/01/2023 04/01/2024 GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 PRODUCTS & COMPIOP ACC $2,000,000 X POLICY FPRO-ECT LOC OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $1 000 000 BODILY INJURY (Per Person) X ANYAUTO BODILY INJURY (Per Accident) A OWNEDAUTOS ONLY SCHEDULED UTOS N N 6069499 04/01/2023 04/01/2024 PROPERTY DAMAGE HIRED AUTOS OWNLY NON -OWNED AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 A EXCESSLIAB CLAIMS -MADE N N 6069500 04/01/2023 04/01/2024 DED I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER STATUTE OTHER E.L EACH ACCIDENT ANY PROPRIETORIPARTNERI EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A E.L DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED PAGE I CERTIFICATE HOLDER CANCELLATION 171-235-5 CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91706-4226 335 0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 171-235-5 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 POLICY NUMBER SEE CERTIFICATE # 335.0 CARRIER NAIC CODE EFFECTIVE DATE: SEE CERTIFICATE # 335.0 SEE CERTIFICATE # 335.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CITY OF BALDWIN PARK, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, ATTORNEYS, SERVANTS, VOLUNTEERS, SUCCESSORS, AND ASSIGNS AS ADDITIONAL INSURED. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 Policy Number: 6069499 Transaction Effective Date: 04/01/2023 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when you are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG-F-81 (04-13) Policy Number: 6069499 Transaction Effective Date: 04/01/2023 A�oRo® CERTIFICATE OF LIABILITY INSURANCE E (MM/DD/YYYY) FDATE 3/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Venbrook Insurance Services CONTAPRODUCER NAME: Windy West 6320 Canoga Avenue, 12th Floor Woodland Hills, CA 91367 HONNo Ext : 818 598-FAX 8941 A/C No E-MAIL ADDRESS: WWest venbrook.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Alaska National Insurance Company 38733 www.venbrook.com CA Lic No. OD80832 INSURED Mariposa Landscapes, Inc. 6232 Santos Diaz St. INSURER B : INSURERC: INSURERD: Irwindale CA 91702 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 73541327 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGES ( RENTED ccurrence)$ PREMISES Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DIED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 23D WS 12057 4/1/2023 4/1/2024 ,/ STATUTE EORH ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? FY] N / A E.L. EACH ACCIDENT $ 1 ,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Waiver of Subrogation applies to Workers Compensation. *10 Day Notice of Cancellation for Non -Payment of Premium, 30 Days for all other. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CIty of Baldwin Park THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14173 Garvey Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Baldwin Park CA 91706-4226 AUTHORIZED REPRESENTATIVE Windy West ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 73541327 1 23-24 WC - ML I Windy West 1 3/23/2023 3:37:10 PM (PST) I Page I of 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Person or Organization Blanket waiver: Any persons or organizations for whom the Insured, has agreed by written contract, to furnish this waiver. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Job Description All Operations This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 3/23/2023 Insured Mariposa Landscapes, Inc. Countersigned By %6trG/ -69L, Policy No. 23D WS 12057 Endorsement No. 6 WC 04 03 06 (04 84) 73541..327 1 23-24 WC - MS., I Windy West 1 3/23/2023 3:37:10 PM (PST) I Page 2 of 2 Mariposa Landscapes, Inc. Service Provider Services Aareement Paae 1 of5 LANDSCAPE MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of January 2021 by and between the City of Baldwin Park, ("City"), and Mariposa Landscapes, Inc. ("Service Provider"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Service Provider agree as follows: 1. SCOPE OF SERVICES. Service Provider agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis but shall not exceed the total compensation. 2 COMPENSATION. City shall pay for the services performed by Service Provider pursuant to the terms of this Agreement shall not exceed the amount of $100,000.00 annually at the time and manner set forth in the "Schedule of Compensation" and attached to and incorporated into this Agreement as Exhibit "B." 3 TIME FOR PERFORMANCE. Service Provider shall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: February 1, 2021 B. Expiration Date: February 1, 2024 C. Upon mutual agreement by the parties, this agreement may be extended for an additional two (2) one-year terms. 4 AUDIT OR EXAMINATION. Service Provider shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5 STATUS OF SERVICE PROVIDER. Service Provider shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Service Provider shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Service Provider shall be free to contract for similar services to be performed for other entities while under contract with City. Service Provider is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Service Provider shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6 ASSIGNMENT. This Agreement is for the specific services with Service Provider as set forth herein. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Service Provider may assign payments due under this Agreement to a financial institution Mariposa Landscapes, Inc. Service Provider Services Agreement Page 2 of 5 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8 COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Service Provider shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9 LIABILITY. Service Provider shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Service Providers' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Service Provider, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents oremployees. 10. INSURANCE. Service Provider shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Service Providers' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury- $1,000,000, single limit, per occurrence; and (2) Property Damage—$1,000,000, single limit, per occurrence; or (3) Combined single limits — $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury—$1,000,000, single limit, peroccurrence; and (2) Property Damage—$1,000,000, single limit, per occurrence; or (3) Combined single limits - $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Service Provider shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); Mariposa Landscapes, Inc. Service Provider Services Agreement Page 3 of 5 (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Service Providers' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes elective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Service Provider for City, and the insurer's agreement in this regard shall be rejected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Service Provider in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Service Provider may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Service Provider. 12 RECORDS AND INSPECTIONS. Service Provider shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Service Provider shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Service Provider agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Service Provider shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Service Provider may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a partof this Agreement. 163 RIGHT TO TERMINATE. City may terminate this Agreement at anytime, with or without cause, in its sole discretion, with thirty (30)days written notice. Mariposa Landscapes, Inc. Service Provider Services Aqreement Paqe 4 of 5 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 016"of this Agreement, City shall be liable to Service Provider only for work performed by Service Provideruptoand including the date of termination of this Agreement, unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service Provider shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a closeout billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the pe6ormance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any couLfee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. 'Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each tern and each provision of this Agreementto be performed by Service Provider shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT, This Agreement represents the entire Agreement between the City and Service Provider. No verbal agreement or implied covenant shall be held to vary &e provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22 DESIGNATED REPRESENTATIVES. The Service Provider Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The Cig Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Mariposa Landscapes, Inc. Att.: Terry Noriega, President 6232 Santo Diaz St. Irwindale, CA 91702 (626) 960-0196 (B) City of Baldwin Park Att.: Sam Gutierrez, Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ext. 460 Mariposa Landscapes, Inc. Service Provider Services Agreement Page 5 of 5 23 NOTICES, Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written, By: _ —t Emmanuel J. Estrada, Mayor Dated: CONSULTANT: Mariposa Landscapes, Inc. By: Terry Norieg-1 President 7 Dated: January 21, 2021 EXHIBIT "A" LANDSCAPE SPECIFICATION FOR CITY-WIDE MEDIAN ISLAND AND VARIOUS LOCATION LANDSCAPE MAINTENANCE SERVICES SCOPE OF WORK The scope of work includes visiting site routinely to mow, prune shrubs & ground cover, remove litter and debris, and weed control. Maintenance of the designated areas shall include the routine maintenance of plant material, focusing on proper water management and resource efficiency. A. WEED CONTROL FOR HARDSCAPE AREAS. The Contractor shall be responsible for removing all annual and perennial weeds in all hardscape areas. B. SOIL AND PLANT TISSUE ANALYSIS. The Contractor may be requested, beyond the contract specifications, to take samples of soil or plant tissue for testing purposes and such tests shall be paid for by the City. C. CLEAN-UP AND DEBRIS REMOVAL. The Contractor shall remove all debris resulting from maintenance operations and dispose of debris at an approved green waste recycling facility. All rubbish and trash shall be taken to an off -site legal landfill facility. It is the responsibility of the Contractor to make arrangements for the legal disposal of all debris. No landscape debris, leaves, grass, clippings, rubbish, and/or trash shall be allowed to remain on the project site at the end of the scheduled work period/maintenance visit. D. GRASSCYCLING SCHEDULE. The Contractor shall adhere to the grass cycling schedule as per this specification, eliminating the removal of grass clippings at specified times of the year. 1. Cut only 113 off turf grass blades during mowing. 2. Collect clippings only when excessive growth occurs such as after rain or irregular mowing cycles. 3. Use sow release and organic fertilizers to encourage even plant growth patterns. E. SCHEDULE SITE INSPECTIONS. The Contractor shall patrol the entire site at the beginning of each scheduled maintenance visit and check for vandalism, broken tree branches, pest and/or disease infestation, and related problems, and shall take appropriate action. The Contractor or a representative shall physically walk the site with the City's Representative for the purpose of reviewing specification compliance. 1. FREQUENCY OF INSPECTIONS: One (1) inspection shall be scheduled per month for the purpose of inspecting plant materials and related issues, and to evaluate the irrigation system. During the irrigation inspections, the Contractor shall ensure that all irrigation systems are functioning accurately and be required to activate a minimum of 25% of the irrigation system to avoid the wetting of vehicles but also to ensure that the plants/trees are receiving water. Off -hour scheduling may be necessary. 2. PUNCH LIST: The City's Representative shall submit a "punch list" for items not finished or completed by Landscape Contractor prior to the next scheduled inspection. F. IRRIGATION SYSTEM MAINTENANCE, REPAIRS AND REPLACEMENT 1. Irrigation of general area are controlled by automatic time clocks and shall be watered between 9:00 p.m. and 6:00 a.m. when requested. Manual irrigation shall be performed during normal working hours. 2. Contractor shall complete an Irrigation Maintenance Log located at each controller which records, which records daily maintenance activities that adhere to the schedule developed. The maintenance log shall be discussed with the City representative, at scheduled walk-through/ inspections G. TURFGRASS MANAGEMENT - COOL SEASON GRASSCYCLING MOWING REQUIREMENTS 1. Turf grass shall be cut at a uniform height. 2. Turf grass shall be cut with blades sharpened prior to each mowing. 3. Mowing patterns shall be rotated from a "north/south axis" to an "east/west axis" to a "diagonal axis" from week to week to prevent rutting of turf grass areas. 4. Turf grass areas shall be adequately dry when performing mowing operations. Mowing shall be performed during wet morning dew or moisture conditions. Whenever a week is skipped due to wet conditions, the next mowing shall be performed at a 4 to 5-inch cutting height, returning to normal height over a 2 to 3-week period. A grass - catcher shall be used to remove grass clippings during this period. H. EDGING OF TURFGRASS AREAS 1. POWER EDGERS: All turf grass perimeters adjacent to sidewalks, walkways, paved areas, and/or curbs shall be trimmed with a vertical blade power edger. 2. WEED EATERS: Weed eaters shall be utilized to trim turf grass around the circumference of trees, signage, and raised fixtures where a bare soil buffer zone exists (normally 6" to 12" width). Where turf grass meets trees and signs, fixtures or building (no buffer zone), hand shears shall be utilized to trim turf grass. TURFGRASS AERIFICATION: Aerification shall be performed once per year, in EARLY APRIL. The following aerification program shall be followed: 1. Establish adequate soil moisture to a depth of three (3) inches in 90% of the designated area as verified by soil probe. If supplemental irrigation (syringing) is required to perform this task, then irrigate deeply two to three days prior to aerification to allow the soil to be at Field Capacity. 2. Mow normally prior to aerification. 3. Aerify to a depth of three (3"), removing a minimum of 80% of the soil cores. Remaining cores shall be broken up by dragging a screen, or utilizing appropriate aerification equipment. (If a Klopping-Hardie Lawn Renovator is used, the machine shall be set as deep as possible and any debris shall be removed.) 4. Fertilize according to Section 4.08, Fertilization Program for April. 5. Irrigate deeply as specified in Number One above. J. SHRUB MANAGEMENT - PRUNING 1. Thinning: Shrubs shall be pruned to maintain the theme of the project, that is, to maximize the desired characteristics or branching of the shrubs as possible. Shrubs shall be pruned as per safety requirements, removal of broken or diseased branches, general containment, and/or appearance. Avoid over trimming, allow plants to fill to natural growth. Avoid trimming into round shapes. 2. SHEARING: Formal pruning, or shearing of shrubs, shall not be performed unless safety (traffic views, pedestrian traffic, etc.) or City directive states otherwise. Example would be "topped" and/or sheared on a routine basis. K. GROUNDCOVER MANAGEMENT. Groundcover is defined as non -shrub plant material possessing a non -woody branching Structure. Examples are honeysuckle, vinca, freeway daisy, ivy, and gazania. Groundcovers are normally maintained below 18 inches in height. L. EDGING AND TRIMMING: Edging and trimming are performed with two pieces of equipment: power edgers and "weed eaters" ("weed eaters" are power tools equipped with a plastic filament line that cuts/slashes succulent plant materials). 1. POWER EDGERS: All groundcovers with a vertical growth height of 8 inches or less adjacent to sidewalks and/or walkways shall be trimmed with a vertical blade power edger at a 30-degree angle ("feathered"). 2. WEED EATERS: All groundcovers with a vertical growth height of 8 inches or more adjacent to sidewalks, walkways, paved areas, and/or curbs shall be trimmed with a weed eater at a 30-degree angle. M. PEST MANAGEMENT PROGRAM: Contractor shall utilize INTEGRATED PEST MANAGEMENT TECHNIQUES. When pesticide chemical applications are required, the Contractor shall adhere to requirements as per this scope of work. The following pest management program shall be implemented: GENERAL REQUIREMENTS. Pest and diseases to be controlled shall be all organisms having deleterious effects within the perimeters of the project, including but not limited to, all insects including ants, mites, nematodes, sowbugs; fungi and bacteria; mollusks including snails and slugs; and rodents/rabbits. The Contractor shall not be responsible for the pest control within buildings. INTEGRATED PEST MANAGEMENT ([.P.M.) The application of pesticide chemicals in controlling harmful landscape pests can be greatly reduced by an active Integrated Pest Management Program. 1. A Water Management Program: Overwatering is the major cause of poor plant health to disease and harmful insect infestations. Proper irrigation levels should be maintained. 2. Biological Control: The utilization of beneficial organisms to control landscape pest populations in now available. Some examples of beneficial organisms are ladybird beetles, praying mantis, parasitic wasps, lacewings, decollate snails, predatory mites, and bacterium such as Bacillus thuringiensis. 3. Cultural Practice: Use of mulch is a good cultural practice in landscaped areas. Contractor must maintain a 3"-4" mulch depth in all landscaped areas. They must re- apply mulch when necessary every 6 month in order to maintain proper depth. Contractor must ensure that mulch is applied correctly not to bury plants/ trunk flares of trees, clean, coarse texture measuring '/4" - 3/" in size, and with low water holding capabilities. 4. Chemical: Pre- and Post- emergent chemicals are acceptable and should be used as part of the IPM program. Contractor must follow product label and recommendations from a licensed PCA. 5, Chemical Alternatives: Insecticidal soap is an excellent alternative to pesticides. Cultural techniques such as washing off plant foliage and cleaning mowing equipment between mowing are also considerations. PEST CONTROL INSPECTIONS AND REPORTS. Contractor shall provide on -site control inspections on a weekly basis. (The pest control service may be sub -contracted by an approved pest control company with approval of City's Representative.). The individual performing the inspections must demonstrate the appropriate experience, education training, and certification (i.e., California State Pest Control Advisor License) to perform inspections. PESTICIDE REGULATIONS GENERAL: All chemicals shall be used in strict accordance with federal, state, county, and local laws and ordinances governing use of same. PESTICIDE REPORTS: Contractor shall provide chemical application records within thirty (30) days after pesticide applications to City's Representative. APPLICATION OF PESTICIDES: All chemical applications costs should be included in the price and require approval by City prior to work being performed. Contract is required to complete the following prior to application: 1. The City's Representative shall be given a twenty-four (24) hour notice, in writing prior to every chemical application. 2. All pesticides shall be supplied by a licensed Pest Control Advisor. 3. In an effort to eliminate potential runoff within treated areas, pest control applicator shall monitor forecasted weather conditions to avoid making applications within 72 hours of inclement weather. All pesticides shall be applied at approved times such that limit the possibility of contamination from climatic and other factors. 4. Application methods shall be used which insure that materials are confined to target area. 5. Extreme care and caution shall be exercised in transferring and/or mixing chemicals to prevent contamination of area outside the target area. 6. Disposal of excess chemicals shall be within the guidelines established in California Food and Agriculture Code. 7. Contractor's chemical application records shall be provided to City within seven (7) days after application. FERTILIZER REGULATIONS. Fertilizer applications are included in the cost proposal. Precautions shall be taken by Contractor to contain fertilizer applications in the planning areas/water features and to prevent the deposing of materials into paved areas. Any fertilizer materials deposited onto paved areas shall be removed immediately. POST -EMERGENT WEED CONTROL INCLUDED IN THE CONTRACT. Contractor shall exercise special care to remove all noxious weeds within landscape areas. I. REMOVAL OF NEEDLES. Contract is required to pine needles from all median islands, paying close attention to excess pine needs along curbs of medians. K. GREEN WASTE MANAGEMENT. All green waste debris resulting from maintenance operation shall be removed from site and disposed of the same day of maintenance at an approved Green Waste Composting Facility. PROJECT SITES Ramona Blvd • Median Island No. Ramona Blvd, between El Monte City Limits to 605 S entrance • Median Island No. Ramona Blvd. between 605 S entrance to 605 N entrance. • Median Island No. 3 Ramona Blvd. between 605 N entrance to W. of Syracuse Ave • Median Island No. 4 Ramona Blvd. between E. of Syracuse Ave to W of Barnes Ave • Median Island No. 5 Ramona Blvd. between E of Barnes Ave to W. of Francisquito Ave. ■ Median Island No. 6 Ramona Blvd. between E. of Francisquito Ave. to W. of Corak St. • Median Island No. 7 Ramona Blvd. between E. of Corak St. to W. of Earl Ave. • Median Island No. 8 Ramona Blvd. between E. of Earl Ave. to W. of Foster Ave. • Median Island No. 9 Ramona Blvd. between E. of Foster Ave. to W. of Grace Ave • Median Island No. 10 Ramona Blvd. between E. of Grace Ave to W. of Monterey Ave. • Median Island No. 11 Ramona Blvd. between E. of Monterey Ave.to W. of Kenmore Ave 1: 2: • Median Island No. 12 Ramona Blvd. between E. of Kenmore Ave to W. of Merced Ave. • Median Island No. 13 Ramona Blvd. between E. of Merced Ave. to W. of Bresee Ave. • Median Island No. 14 Ramona Blvd, between E. of Bresee Ave. to W. of Stewart Ave • Median Island No. 15 Ramona Blvd. between E. of Stewart Ave to W. of La Rica Ave. • Median Island No. 16 Ramona Blvd. between E. of La Rica Ave. to W. of Baldwin Park Blvd, • Median Island No. 17 Ramona Blvd. between E. of Baldwin Park Blvd. to W. of Cesar Chavez Dr • Median Island No. 18 Ramona Blvd. between E. of Cesar Chavez Dr, to W. of Maine Ave. Two (2) medians on Ramona Blvd. located between Maine Ave — Bogart Ave. • Median Island No. 19 Ramona Blvd. between E. of Maine Ave. to 14514 Ramona Blvd. • Median Island No. 20 Ramona Blvd. between 14514 Ramona Blvd. to W. of Bogart Ave. • Median Island No. 21 Ramona Blvd. between E. of Bogart Ave. to W. of train tracks. • Median Island No. 22 Ramona Blvd. between E. of train tracks to W. of Badillo Street ■ Median Island No. 23 Ramona Blvd. between N. of Badillo St. to 14747 Ramona Blvd (LA County Yard) Badillo St. • Median Island No. 24 Badillo St. between E. of Ramona Blvd. to W. of Virginia Ave • Median Island No. 25 Badillo St. between E. of Virginia Ave to W. of Vineland Ave • Median Island No. 26 Badillo St. between E. of Vineland Ave to W. of Puente Ave. • Median Island No. 27 Badillo St. between E. of Puente Ave to W. of Badillo Cir. • Median Island No. 28 Badillo St. between E. of Badillo Cir, to Willow Ave. • Median Island No. 29 Badillo St. between E. of Willow Ave, to West Covina City Limits Baldwin Park Blvd. Two (2) medians on Baldwin Park Blvd. between Tracy St. and Francisquito Ave. • Median Island No. 30 Baldwin Park Blvd between N. of Tracy St. to 3133 Baldwin Park Blvd. • Median Island No. 31 Baldwin Park Blvd between 3133 Baldwin Park Blvd. to S. of Francisquito Ave. Two (2) medians on Baldwin Park Blvd. between Francisquito Ave. and Corak St. • Median Island No. 31 Baldwin Park Blvd between N. of Francisquito Ave. to 3205 Baldwin Park Blvd. • Median Island No. 32 Baldwin Park Blvd between 3205 Baldwin Park Blvd, to S. of Corak St. • Median Island No. 33 Baldwin Park Blvd between N. of Corak St. to S. of Foster Ave. • Median Island No. 34 Baldwin Park Blvd between N. of Foster Ave.to S. of Rexwood Ave. • Median Island No. 35 Baldwin Park Blvd between N. of Rexwood Ave to S. of Monterey Ave. • Median Island No. 36 Baldwin Park Blvd between N. of Monterey Ave. and S, of Kenmore Ave. • Median Island No. 37 Baldwin Park Blvd between N. of Kenmore Ave. and S. of Merced Ave. • Median Island No. 38 Baldwin Park Blvd between N. of Merced Ave. and S. of Bresee Ave • Median Island No. 39 Baldwin Park Blvd between N. of Bresee Ave and S. of Susquehanna Ave. • Median Island No. 40 Baldwin Park Blvd between N. of Susquehanna Ave. and S. of Stewart Ave. • Median Island No. 41 Baldwin Park Blvd between N. of Stewart Ave and La Rica Ave. • Median Island No. 42 Baldwin Park Blvd between N. of La Rica Ave. to S. of Sterling Way • Median Island No. 43 Baldwin Park Blvd between N. of Sterling Way to S. of Baldwin Park Blvd. ■ Median Island No .44 Baldwin Park Blvd between N. of Baldwin Park Blvd. to 4100 Baldwin Park Blvd (Last Median north of Ramona Blvd.) Amar Rd. • Median Islands No. 45 - 48 Amar Rd. South of Frazier St. Location No. 1 ■ Puente Ave Slopes —10 FWY Four Quadrants SW Quadrant — Harley Davidson SE Quadrant — Empty Lot NW Quadrant — Walmart NE Quadrant — Motel 6 side EXTRA WORK 1. City has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. 2. The Contractor, as part of this agreement, may be requested to replace diseased, damaged or destroyed plant material or add plants as needed to any overly bare or empty areas and perform other remedial work. Such work shall be considered as extra work by the City's representative. RESPONSIBILITY, COORDINATION, MEETINGS 1. At Award of Bid, the Contractor shall complete a Maintenance Schedule Calendar covering the first twelve-month period of this contract. This calendar will outline a time line schedule for all maintenance activities including, weed abatement, any scheduled herbicide applications, pruning and all other required activities listed. The Maintenance Schedule Calendar shall be reviewed on a monthly basis tenure maintenance activities adhere to the contract agreement. This Maintenance Schedule Calendar shall be renewed at the end of each twelve-month period of this contract. 2. Contractor shall complete an Irrigation Maintenance Log located at each controller which records daily maintenance activates that adhere to the schedule developed. The maintenance log shall be discussed with the City representative, at scheduled walk-through/ inspections. 3. Contractor shall secure and maintain all required permits and licenses, and pay all fees necessary to legally complete the work of this project. Contractor shall meet with the City representative once weekly to review the landscaping, discuss maintenance operations, determine progress, and identify areas needing attention. Contractor shall attend additional meetings if deemed necessary by City Representative. NEGLECT OF CONTRACTOR: Exceptions shall be replacements due to the acts or neglect of Landscape contractor. Replacement of plant materials due to Contractor's neglect shall be of size and quality of the original plant material as directed by the City. EXCLUSIONS: Lighting replacements and any building servicing. Steam cleaning hardscape and parking lot sweeping. Graffiti removal. Any city permits excluded. Excludes removing any larger bulk items. Pruning trees excluded. However, the contractor is responsible for notifying the city of all the above listed exclusions. M A R I P 0 S A EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall perform the requested services as set forth in the Scope of Services in accordance with the monthly rate of $8,333.33 and a yearly total contract amount not to exceed $100,000 for landscape ma|0tenance. The contract costs provides for all labor, material, and equipment to perform landscape maintenance per scope nfwork (please see exclusions and detai|s). Description: This proposal provides for all labor, material, and equipment to perform landscape clean upand maintenance. Proposal includes visiting sites routinely toremove litter, weed control, and prune shrubs/ roses/ ground cover/ grasses. Exclusions: Irrigation repairs, pressure washing, and sweeping, graffiti removal. Any city permits are excluded. Pruning trees are also excluded. Service Provider: By: Terry Noriega, President Mariposa Landscapes, Inc. 449 ra 800~794*9458 " mx 626"960°8477 ° www.mahposa-cacom 6232sANroSoIAzsr'|Kw|mo^lE,CA91'7z ° CAcowrnAcnon'Suc11592268^`c27'o'4e Our Core Values —Sa�tu ° 7�oM�to0yk ~(��U//tu~ {u�8Y�itu Safety Quality Integrity M A R I P 0 S A L A N D S C A P E S I N C EXHIBIT "C" SCHEDULE OF PERFORMANCE Atwo (2)man crew for four /4\days aweek tomaintain the 54 uHmedian islands and Puente Ave Slopes. The following isthe assigned staff positions: Job Title Days per Week Foreman 4 days per week Laborer 4 days per week Irrigation Technician I day per month Service Provider: By: Terry Noriega, resident Mariposa Landscapes, Inc. � -- TEL 800°794°9458 ° FAx 626°900° 8477 ° www.mahposa*ozom 6232sAwToSo}xz��|mw|wmxLc,cx91702 ^ cAcowTRAcToR'Sucuse2268/\�-27'o/9 ITEM NO. 16 L,o� TO: Honorable Mayor and Members of the City Council "r'E°'; FROM: Sam Gutierrez, Director of Public Works • sA dABR,EL ` PREPARED BY: Anthony Vazquez, Public Works Manager vALi.EY"'., "; DATE: February 7, 2024 SUBJECT: Approval for the Procurement and Purchase of a Ford F600 Truck with Lift Bucket System from Global Rental Co. Through the Sourcewell Purchasing Cooperative SUMMARY This proposal requests City Council approval for the procurement and purchase of a 2023 Ford F600 truck equipped with an Altec AT48M Lift Bucket System for the Public Works Maintenance Division. This purchase, approved under CIP FY23-24, aims to replace the aging 1993 GMC Altec Bucket Truck, enhancing overall maintenance capabilities. The acquisition will be made through a Sourcewell cooperative purchase awarded contract with Global Rental Co., Inc., at a cost of $215,484.00 inclusive of a 4-year maintenance option. The new aerial lift bucket truck is anticipated to substantially improve efficiency within the Public Works Maintenance Operations Division. RECOMMENDATION It is recommended that the City Council: 1. Authorize the capital purchase of the 2023 Ford F600 aerial bucket truck, consistent with the Sourcewell Purchasing Cooperative; and, 2. Authorize the Public Works Director to process purchase order requisition for Global Rental Co., Inc. in an amount not to exceed $215,484.00 utilizing approved funds identified in FY23- 24 Capital Improvement Program under CIP24-026-55031; and, 3. Authorize the Director of Public Works, or his designee, to complete all appropriate documentation to finalize the purchase. FISCAL IMPACT This purchase will have no impact on the General Fund. The funds for this purchase were approved by the City Council as part of the FY 2023-24 Capital Improvement Program (CIP) Budget. The following is a summary of available funds approved: Fund Description Acct# Amount 254 Measure R Local Return #254-50-590-58110-55029 $175,000.00 255 Measure M Local Return #255-50-590-58110-55031 $40,484.00 Total $215,484.00 BACKGROUND The Department of Public Works Maintenance Division is comprised of six (6) different divisions, which include Traffic Control Division, Street Division, Graffiti Abatement, Street Landscape, Park Landscape, and Fleet Maintenance. The Public Works Fleet is comprised of 28 vehicles and 18 pieces of equipment. Maintenance staff handles a diverse array of responsibilities that may require the use of an ariel lift bucket truck. These tasks range from daily scheduled activities such as performing scheduled tree trims, replacing traffic signal bulbs, and graffiti abatement often in challenging, inaccessible Page I / 3 locations. Other tasks may include emergency response services such as handling of broken or hanging tree limbs, traffic collisions involving damaged infrastructure such as streetlight and traffic signal poles, or other actions requiring the use of an aerial lift bucket truck. Currently, the Public Works Maintenance Division is using a 1993 aerial lift bucket truck to perform all these services. This truck is thirty (30) years old and has reached the end of its operational life with increasing maintenance, failing systems, and extensive down times. The truck's frequent mechanical issues are affecting its availability for intended use and requiring the use of rental equipment. The vehicle's current condition has created a significant impact on the Fleet Maintenance budget. DISCUSSION Public Works staff have been using the existing ALTEC Bucket truck for over thirty (30) years and it has now reached the end of its useful and economic life. In assessing the demands and the load requirements for an aerial lift bucket truck, staff has determined that a diesel -powered Ford F600 with a service body and an Altec lift bucket system is the best available truck to meet the needs of the Public Works Maintenance Operations Division. The selected bucket truck will be equipped with modern technological upgrades including a 1,000 lb. jib crane, an articulating bucket, a telescopic boom lift, and utility service body for use with a variety of tools and equipment. This selection is expected to enhance efficiency and flexibility in meeting the diverse needs of the Public Works Maintenance Operations Division. Despite ongoing challenges in sourcing specialty heavy-duty vehicles due to supply chain constraints, the selected vendor, Global Rental Co. Inc., can deliver the bucket truck within the current fiscal year due to the cancellation of an existing sale. The truck has been made available and placed on hold for the city, allowing for the immediate procurement of the bucket truck and eliminating the extended lead time it would normally take if placed on order through dealer channels. The bucket truck will be purchased through the Sourcewell (formerly known as NJPA) Competitive Procurement Network which will speed up the procurement process. Global Rental Co. Inc. secured a Sourcewell competitive bid for Rental and Sales of Equipment, Products and Related Services and subsequently entered into Cooperative Contract No. 062320-ALT, effective through 8/27/2024. All Sourcewell cooperative agreements are competitively bid on a nationwide basis. Some of the benefits of using a cooperative purchasing contract include reduction of the administrative costs associated with issuing a competitive solicitation and product cost savings based on economies of scale. Guided by the Baldwin Park Municipal Code §34.23 (C), allows the City to make purchases of goods and services obtained through a cooperative competitive bidding process or a "piggyback" contract, a determination that it is in the City's best interests. Global Rental Co. Inc. has met all the requirements set forth in the city specifications and is the only vendor able to deliver vehicles within a short window of time. Although staff is recommending the procurement of the bucket truck through the Sourcewell contract, as a matter of due diligence, staff also obtained quotes from non-Sourcewell vendors to compare prices and verify that Global Rental Co. was providing the best overall deal. Below is a summary of the additional vendor responses and quotes (not including sales tax). Company F600 Aerial Bucket Lift Truck with JIB Cast Global Rental Co. Inc. 2023 ALTEC AT48M $193,947.00 Custom Truck One Source 2023 PDA05075 $199,174.00 TEREX HI -RANGER LTM40 Not Available Page 2 / 3 ALTERNATIVES 1. The City Council may choose to defer approval of the acquisition and purchase of the bucket truck and direct staff to revisit the matter later with various cost options. However, this action is not recommended as the existing bucket truck is in dire need of replacement and the opportunity to purchase a readily available unit may provide significant cost and time savings. 2. Provide Staff with an alternative direction. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, the action considered by this report does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Global Rental Co. Inc. Sourcewell Approved Quote 2. Sourcewell Contract Agreement with Global Rental Co. Inc. #062320-ALT 3. Response from Custom Truck One Source 4. Purchase Requisition Page 3 / 3 Quote Number: 1129202301 Opportunity Number: Sourcewell Contract #: 062320-ALT Date: 11 /29/2023 Quoted for: City of Baldwin Park Quoted by: John Georgacopoulos Phone: / Email: (909)743-3265/john.georgacopoulos@altec.com Sourcewell REFERENCE MODEL Price AT37-G 4x4, 2022 $129,049 (A.) Sourcewell Options On Contract 1 2 3 SOURCEWELL OPTIONS TOTAL: 1 $129,049 (A.) OPEN MARKET ITEMS (Customer Requested) 1 UNIT Unit to be Altec AT48M in lieu of AT37-G $42,377 2 UNIT & HYDRAULIC ACC 3 BODY 4 BODY & CHASSIS ACC 5 ELECTRICAL 6 FINISHING 7 CHASSIS Chassis and unit body to be 2023 model year in lieu of 2022 $12,916 Chassis to be F600 in lieu of F550 $2,000 8 OTHER 9 OPEN MARKET OPTIONS TOTAL: 1 $57,293 SUB -TOTAL FOR UNIT/BODY/CHASSIS: $186,342 Delivery to Customer: $7,605 TOTAL FOR UNIT/BODY/CHASSIS: $193,947 (C.) ADDITIONAL ITEMS items are not included in total -above) 1 2 3 4 "Pricing valid for 45 days and may be subject to availability at time of order" NOTES ** Denotes FET fees were paid when unit was new. Global is not FET exempt. All items listed subject to availability, quote provided at time of request detailing options Delivery is $3.00 / mile Alternate year models may be available in addition to the ones shown here, they will be discounted / priced appropriately to reflect this Chassis model can be any standard chassis (Ford, Dodge, International, Freightliner, Peterbilt, etc.) PAINT COLOR: White to match chassis, unless otherwise specified TO ORDER: To order, please contact the Account Manager listed above. CHASSIS: Per Altec Commercial Standard DELIVERY: No later than days ARO, FOB Customer Location TERMS: Net 10 days BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry, Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In -Service Training with Every Order. Sourcewell Global Quote Template 9-8-23 Sourcewell`-q' This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479/5VurCexve||\and Global Rental Co. |nC,33Inverness Center Pk««»,Birmingham, AL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, government, and other 12ublic entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, Vrservices t0 SourCevveUand the entities that access S0uncevveU'3cooperative purchasing contracts (Participating Entities). B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2024 unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. and may have been previously rented by other Vendor customers. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's author ed dez le - distributors, and/or resellers relative to the Equipment, Products, and Services related to thi Contract. This list may be updated from time -to -time and is incorporated into this Contract b reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. I All Equipment, Products, orServices under this Contract will bepriced asstated inVendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Equipment and Products at the time of delivery. in a defective or inoperable condition. I Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certifiCatiOn(6). When Ordering, a Participating Entity must indicate if it igatax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. EAluiAment, Products, or Services mao be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: �gql��Jip ill • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 9 Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 restatement must •- all Equipment, Products, and Services offered, even for those items where • remains unchanged. 6 • • • i• -9M A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service •' • • during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Pttitip.s rpsprvp tWP ri -'t to *•it,-;i* li ' #• iwrr Sprvic•2-tv *• •• is responsible ':• familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this • B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including •t •t employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, • the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed ir this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. 1. The Participating Entity fails to receive funding or appropriation from its governing body atlevels sufficient topay for the goods tmbepurchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3.Vendor commits any material breach ofthis Contract orthe additional terms agreed to between the Vendor and aParticipating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • CuStOrnerSt8te/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcevve||Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcevve|| Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized @Srevenue by Vendor. the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the DocuSign Envelope ID: 1 IFFEBCOA-C372-461FIS-92131 -9C2E417BAD54 address above "Attn: Accounts Receivable." Payments must be received no later than 45 calendar days after the end of each calendar quarter. in the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reservps tilili,e rigil tiol vetq-cel VI Cicitr.�ct,;*4 rpiect �jlv I SUIlliliji-itte4l "Illiv-Hie Ve-cior 1 1 111,111A4111 from the cancellation date. 1 11111 - l Wa ill Ili 1111i I:i Ili iiiiiiiii I I I• I '.111�- 11- 111 Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or I , r 41 '? 1111v PYPCutP4 B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effectivs- intil it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other M- F11=1111101M M W sm U.-M Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, to the extent arising out of the negligence or willful misconduct of the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. W lull Q 1111 Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives arequest torelease the data referred tointhis article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond Lothe request. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. l. Grant ofLicense. During the term ofthis Contract: G. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. DocuSign Envelope ID: 1 FFEBCOA-C372-46F6-92Bl -9C2E417BAD54 Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Y ner, pat'17,=15 ILU I I L I dLWT I . I I I•J I .• # I•. . . or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. IT-WWWR�N1 r -fs caMle OT,*effOrrnarice, RTTM no .)e affeciel *T s1cri oJecia(ation 1 lis uoniracr or finding and must be fully performed. A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly • each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions • i• parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified .•# either Sourcewell or :#• may escalate the resolution • the issue to a higher level of management. The Vendor will have 30 •. •. to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to • without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed of such failure to proceed will be borne by the Vendor. 1 NEW rNT-Taward 1. Nonperformance of contractual requirements, or 2. A material • • any term •. condition of this • Rev.2/2020 10 DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: TO H AT 971 WA IN ff 1, 11, M - - -------- --- 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CGO001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, indeo,endent contractors-_Q rod ucts-co m Q, leted oQerations includin construction defect contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: f-tT - =I I I -.R-rurt $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Prod ucts-Com pleted operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobile in limits of liability not less than indicated below. The coverage must be subject to ter] Rev.2/2020 11 nnless broad than ISO Business Auto Coverage Form CAOOOl(2D1Oedition Ornevver) or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit il. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Minimum Limits: 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. K4ininnurn limits: Failure of Vendor to maintain the required insurance will constitute a material breach entitlir", Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, IVIN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," "work" performed by or on behalf of Vendor, and products and completed operations of I DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 LLZA M 1 01 DIM &I to] a I lrawvlexmlnll,�� FICT F(W CeTKOe-5 Y-411TI-C76-- F11 insurance or self-insurance in force for the additional insureds. otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either #"vr,4x-?g 2 A*r,?�ay �t,04f #r .nsured retention. A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses ' bonds, and permits required for the operation of t business that the Vendor conducts with Sourcewell and Participating Entities. I EEO Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev.2/2020 13 DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 11 1111E 115ir 11� � 1 11 07A THROW: Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti - Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. Rev.2/2020 14 DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev.2/2020 15 DocuSign Envelope ID: 1 FFEBC0A-C372-46F6-92B1 -9C2E417BAD54 oT sl IT e", Jasa rrel, sfs�tenlel, or oM.-F.... OT agencies, asTleii as Farilesteciarel ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. 1. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview 11=6111111611�11�_ ffgm!�W#1118�11=1 Rev.2/2020 16 DocuSign Envelope ID: 1 FFEBCOA-C372-46F6-92Bl -9C2E417BAD54 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 1467171- =I- I i no om i , m; m DocuSigned by: By: Yytm� S"ayf,� —DC0FD2AI39D06489.. Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 8/24/2020 1 9:36 AM CDT Approved: DocuSigned by, By: (,6aW,8L E7E42BSF817A64CC_. Lnaci Loauette Title: Executive Director/CEO Date: 8/24/2020 1 10:15 AM CDT By: EDocuSigned by, ,41t, KffV 76C5D47C56D143E FVIIVe Kitter Title: Controller Date: 8/24/2020 1 10:12 AM CDT Rev.2/2020 17 I IN Company Name: Altec|ndustrioa. Inc. Does your company conduct business under any other name? If Global Rental CoInc and JJKane Auctioneers yes, please state: 33Inverness Center Pkw Address: Birmingham, AL35242 Contact: Riley Browne Email: hley.bnmvo@m|1eo.oum Phone: 205408-2341 H8T#: Submission Details Created On: Tuesday May20. 2820 14:40:30 Submitted On: Tuesday June 23.202012:U1:05 Submitted By: Riley Browne Email: riley.browne@altec.com Transaction #: o150f6354 1541a1c 5ubmittor's|PAddress: 208.87.288201 Bid Number: RFP08232O Vendor Name: 4JtecIndustries, Inc. Pro -poser Legal Name (and applicable d/l if any): Global Rental Co Inc Proposer's primary contact for this proposal (name, title, address, email address & phone): Bid Number: RFP08232O Vendor Name: 4JtemIndustries, Inc. 7 Provide a brief history of your company, including your Global Rental is a wholey owned subsidiary of Altec Inc. We company's core values, business philosophy, and industry are a leading provider of products and services to the longevity related to the requested equipment, products or public utility, electric utility, telecommunications, tree care, services. lights and signs, and contractor markets. We deliver products and services in more than 100 countries throughout the world. Altec Inc. is the holding company for Altec Industries, Global Rental, Altec NUECO, Altec Worldwide, Altec Capital, Altec Supply, Altec Ventures, LLC, Altec Spray Equipment, and Puregas. Since 1929, Altec has been a company committed to excellence in the Public Utility Equipment industry. Our products are the industry leaders and consistently raise the bar through innovative product design, integrated safety features, and continued dedication to total customer satisfaction. Global Rental was formed in 1990 to better serve our customers who needed options for rental of our Altec continues to pursue a singular business philosophy: To be recognized by customers as the preferred supplier of products, services and solutions in all markets we serve. Our values sustain that vision, our goals build upon it and our associates help us to achieve it. Altec's values are the cornerstone of our corporate culture and every associate is considered an integral part of Team Altec. The history, tradition and culture of Altec are founded on our core values (listed in alphabetical order): Customer first Enjoyment of work Family Financial stability Integrity People are our greatest strength Quality Spiritual development Teamwork 8 What are your company's expectations in the event of an We hope to further strengthen our relationships with award? government agencies through cooperative purchasing. We want to achieve continued growth within our government business sectors and the potential of being recognized as the preferred supplier of hydraulic equipment solutions for Sourcewell and its members. 9 Demonstrate your financial strength and stability with We are a financially sound and conservatively managed meaningful data. This could include such items as financial company. Altec has been in business for 91 years and statements, SEC filings, credit and bond ratings, letters of Global Rental for 30 years under the same family credit, and detailed reference letters. Upload supporting ownership. Because we are privately held we do not documents (as applicable) in the document upload section of disclose detailed financial data, however please reference your response. attached files "Financial Letter" and "Bank Statement Letter" for more information regarding our financial strength and stability. Global is a wholly owned subsidiary of Altec 10 What is your US market share for the solutions that you are We maintain a market share of approximately 60% for our proposing? core products. Non -core products are approximately 20%. 11 What is your Canadian market share for the solutions that approximately 20% you are proposing? 12 Has your business ever petitioned for bankruptcy protection? No, we have never petitioned for bankruptcy protection If so, explain in detail. Bid Number: RFP08232O Vendor Name: AlbmcIndustries, Inc. 13 How is your organization best described: is it a Manufacturer of equipment (Altec) with direct sales force. We manufacturer, a distributor/dealer/reseller, or a service do serve as a partner for several specialty product provider? Answer whichever question (either a) or b) just manufacturers to provide a complete offering of desired below) best applies to your organization. equipment to the public utility, education, and coop markets. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your b) The Global Rental and Altec sales force consists of written authorization to act as a distributor/dealer/reseller for 100% direct employees of Altec. Our sales force covers all the manufacturer of the products proposed in this RFP. If 50 States, Canada, and over 100 countries throughout the applicable, is your dealer network independent or company world. All mobile service and service center employees are owned? also employees of Altec. We are a direct sale / service / b) If your company is best described as a manufacturer manufacturing company and do not maintain a dealer network. or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation outlining the Global Rental and Altec Industries hold all credible licenses licenses and certifications that are both required to be held, and certifications necessary for providing goods and services and actually held, by your organization (including third parties referenced in this RFP (related to OSHA/ANSI/ASME and subcontractors that you use) in pursuit of the business standards for manufacturing). contemplated by this RFP. ALTEC Industries, Inc. St. Joseph, MO plant, which manufactures a large number of our products is ISO 9001:2008 certified. Employees of our plants hold welding certifications, Fluid Power Society certifications and various engineering Account Managers who specialize in our Crane product lines are required to become Certified Operators every 5-years, through our Sentry Operator Certification training program. We are capable of providing certification for crane and digger derrick operators through our Sentry training program. All of our facilities employ the Altec Production System which features the Kanban system of lean manufacturing. 15 Provide all "Suspension or Debarment" information that has We have not been Suspended or Debarred during the past applied to your organization during the past ten years. ten years Bid Number: RFP08232O Vendor Name: AltecIndustries, Inc. Line Question Response* Item 16 Describe any relevant industry awards or recognition that 2018 Veteran friendly work place, Birmingham AL your company has received in the past five years Altec won Exelon's 2017 Innovation Award based on the application and acceptance of our JEMS product at all 4 Excelon companies. 2016 and 2017 Altec has been recognized as a top supplier for Avista, a US -based energy company serving eastern Washington, northern Idaho and parts of southern and eastern Oregon. Each year, Avista uses a scorecard to rigorously rate suppliers' customer service and value provided to the company. Altec was named one of the "Best Places to Work" for 2017 by the Birmingham Business Journal. Altec Mt. Airy Associates won the Chairman's Award from the United Fund of Surry for 2017 AC40-152S dual -rated unit, which has both a crane and an aerial mode of operation. Lift and Access applauded this feature, saying it would greatly increase project efficiency for users. Also of special mention by the panel was the unit's small stowed package which can handle impressive capacities at extreme heights. Each year, Lift and Access recognizes the top innovative products that have advanced the lifting and access industry with the Leadership in Lifting Equipment and Aerial Platforms (LLEAP) Award. Chosen by a panel of judges with strong experience in the fields of lifting equipment, Lift and Access presents a gold and silver award to the top two performers in five different categories. 2015 Altec received a Team of the Year award from The Legal 500 research firm in the category of Technology. 17 What percentage of your sales are to the governmental Less than 10% of our sales are to the government. ,sector in the past three years 18 What percentage of your sales are to the education sector Less than 1% of our sales are to the education sector. in the past three years 19 List any state, provincial, or cooperative purchasing contracts Texas Multiple Award Schedule (TXMAS): Over $1MM that you hold. What is the annual sales volume for each of Commonwealth of Pennsylvania (Co -Stars): Over $1MM these contracts over the past three years? Michigan MI Deal: Over $1MM Washington State Purchasing Cooperative: Over $500k State of Ohio: Over $500k 20 List any GSA contracts or Standing Offers and Supply GSA Contract GS-30E-026GA, Over $3MM Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three Los Angeles Department of Water and Power (LADWP) 818-771-4127 City of Lexington (NC) Bid Number: RFP88232O Vendor Name: 4JtecIndustries, Inc. Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State I Province Scope of Work Size of Transactions Dollar Volume Past Three Years Federal Government Government Georgia - GA Located throughout Transaction sizes Over $2MM. Agency US and world, range from 1 truck purchases Aerial to multiple trucks Devices, Digger per PO. Federal Government Government California - CA Located throughout Transaction sizes Over $2MM. Agency US and world, range from 1 truck purchases Aerial to multiple trucks Devices, Digger per PO. Derricks, Cranes, Cable Pullers Federal Government Government District of Columbia - Located throughout Transaction sizes Over $2MM. Agency DC US and world, range from 1 truck purchases Aerial to multiple trucks Devices, Digger per PO. Derricks, Cranes. Federal Government Government District of Columbia - Located throughout Transaction sizes Over $2MM. Agency DC US, purchases range from 1 truck Aerial Devices to multiple trucks per PO. Local Government Government California - CA Purchases Aerial Transaction sizes Over $2MM. Entity Devices and generally are Service Bodies greater than 5 per Line Question Response* Item 1 23 Sales force. Altec employs a direct sales force of over 100 Account Managers who are dedicated to commercial and government sales and support within their respective territories. Additionally Altec employs over 25 direct sales associates that focus exclusively on Rental Equipment. Our sales representatives spend 100% of their time; communicating, consulting and managing customer's needs. The products represented in this RFP are core to our customers and industry, thus allowing our Account Managers to provide expert knowledge to Sourcewell members of their benefits and usage. Contracts, such as Sourcewell are offered regularly, to our government customers as a tool to ensure new or existing Sourcewell members can procure the products that they deem necessary for their work. 24 Dealer network or other distribution methods. Global / Altec are a factory direct sales / service company, �we do not use dealer or distribution networks. Bid Number: RFpOS232O Vendor Name: AlbecIndustries, Inc. 25 Service force. All employees in our Service Force are employed by Altec Altec has 50 Service Centers located throughout the United States and Canada equipped with the tools, equipment, and certified hydraulic technicians needed to get your Altec unit up and running as soon as possible. The Altec Service Group employs over 150 Mobile Service Technicians nationwide that are available to be deployed to your location. Mobile service technicians are equipped with the trucks and tools needed to get your equipment serviced and back on the road as soon as possible. They provide on -site warranty, service and preventative maintenance solutions for our customers Additionally, Altec Mobile Service has 24 hour emergency assistance, as well as emergency storm coverage. Please see included maps of our Service Centers and Mobile Service Technician locations 26 Describe in detail the process and procedure of your When you rent or purchase from Global / Altec, you invest in customer service program, if applicable. Include your a relationship that spans the life of the equipment. Altec response -time capabilities and commitments, as well as any Service Group backs up this promise with the most incentives that help your providers meet your stated service complete and comprehensive service and support goals or promises, organization in the industry. We also offer the most complete line of parts for equipment repair and maintenance, along with a technical support and training organization to train, educate, and problem solve. Altec has a comprehensive Service Organization that can provide both breakdown and preventive maintenance. Shop Service is available at multiple locations and Mobile Service Technicians that can be dispatched right to where you are. We also have emergency breakdown service, All of these are intended to support the operation of your equipment. Our dedicated line for parts / service / sales needs is 877- GO-ALTEC, it is available 24 hours a day. Our objective is to answer all parts calls in under 10 seconds. We have 35 parts experts with more than 300 years of combined experience taking parts calls. Customers will never be sent to voicemail when calling 877-GO ALTEC for parts support. Global and Altec Account Mangers in your area are available via their cell phones and email whenever needed. 27 Identify your ability and willingness to provide your products Altec proposes to service all Sourcewell Members throughout and services to Sourcewell participating entities in the the United States. United States. 28 Identify your ability and willingness to provide your products Altec is eager to provide sales / service support in and services to Sourcewell participating entities in Canada. Canada. We have facilities and dedicated sales / service employees in Canada. Our New Equipment Sourcwell contract 012418-ALT has been adopted by Rural Municipalities of Alberta (RMA). Please see attached file Canada - Sourcewell Price List for Canadian specific offerings 29 Identify any geographic areas of the United States or Altec proposes to service all Sourcewell Members. Canada that you will NOT be fully serving through the proposed contract. 30 Identify any Sourcewell participating entity sectors (i.e., Altec proposes to service all Sourcewell Members. government, education, not -for -profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or restrictions that Altec proposes to service participating entities in Hawaii and would apply to our participating entities in Hawaii and Alaska and in US Territories. Alaska and in US Territories. _j Bid Number: RFP08232O Vendor Name: 4JheoIndustries, Inc. Line Item Question Response* 32 Describe your marketing strategy for promoting this contract The Global/Altec/Sourcewell marketing plan will include, but opportunity. Upload representative samples of your not be limited to, the development of printed marketing marketing materials (if applicable) in the document upload materials, press releases, advertisements, web -based section of your response. marketing including our Sourcewell landing page government/, and the attendance of trade shows and promotion of Sourcewell through magnets, flags, and promotional material. The Altec Government Sales team and Corporate Communications Project Manager will be involved in all Sourcewell promotions corporate -wide. Our intent would be to incorporate the availability of rental equipment and used equipment sales in our overall portfolio that is marketed to Sourcewell members that currently just includes new equipment sales. Please see attached examples of printed promotional material that we distribute to customers. 33 Describe your use of technology and digital data (e.g., Website data allows Altec's marketing and IT teams the social media, metadata usage) to enhance marketing ability to measure customer activity as well as the health of effectiveness. the website in one tool. From a marketing perspective, we are able to analyze that our content effectively moves our users and customers through the sales funnel to increase leads. This information also helps us confirm that our content is satisfactory to support our traditional sales teams with accurate information that helps our customers make informed decisions about From an IT perspective, we are able to analyze information that relates to website health such as mobile usage, operating system and load times. This information allows us to make informed decisions about the priority of initiatives to improve Altec's digital presence. We maintain an active social presence through Facebook (over 175,000 likes, over 175,000 follows), and other sites. 34 In your view, what is Sourcewell's role in promoting contracts Our experience has been that Sourcewell provides numerous arising out of this RFP? How will you integrate a Sourcewell- opportunities for promotion of our products via their own awarded contract into your sales process? web traffic, trade show attendance and printed marketing materials. We hope this level of support will continue with this new RFP for rental equipment. Our Sourcewell contract is integrated into our sales process as the preferred method of using Cooperative Purchasing. If a customer is agreeable to Cooperative Purchasing and eligible for Sourcewell, our sales team initiates the conversation. 35 Are your products or services available through an e- Altec manages federal customer solicitations/RFQs via the procurement ordering process? If so, describe your e- GSA E-buy system, FedBid and several other public sites. procurement system and how governmental and educational Although, awards (POs) are still provided manually by the customers have used it. respective contracting officer, these sites offer a method of standardized RFQ submissions. Consumers are currently able to request rental, new/used equipment, and leasing quotes via our website. Altec offers parts and accessory sales via our AltecConnect portal, located on our website. Bid Number: RFPO8232O Vendor Name: 4JkauIndustries, Inc. 30 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. 37 Describe any technological advances that your proposed products or services offer. ^ Upon delivery of an Goumew*| members completed equipment, the local AKenA000un( Manager provides an on - site equipment orientation with the appropriate operators. This In -Service ieprovided free ofcharge. ^ Each truck is delivered with two (2) sets of operator and maintenance/parts manuals. Within the equipment manua|s, the standard haatunam, safe npenaUon, maintenance and repair information are covered. These are provided free of charge. ~ A|0eo Sentry offers a variety of Instructor -Led ooumoo for aeha|o, derricks and omnua. These OSHA and ANSI compliant courses aid inthe fulfillment ofemployer training requirements. Many programs offer both Operator and Train - The -Trainer Formats. Additional costs apply based on duration oftraining, size ofclass, travel time for instructor, etc. The following Instructor -Led Tminingoare Available: o Insulating Aerial Device u Non -Insulating Aerial o Tree Can* Aerial Device o Bucket Rescue o Digger Derrick o Backyard Digger u Crane o Wood Chipper A|tac Sentry also offers more than OO online courses for o,anes, aerial davioen, digger derricks and chippers. Through e simple dashboard and n\omfrnnt, operators can receive ANSI and OSHA -compliant Qmnaru! Training and Familiarization without the need for traditional classroom sessions. ^ Other A|\eo Training options (additional costs apply): o Customized AKeo equipment hydraulic maintenance training o International Fluid Power Society (|FPS) Certification training (testing provided by third party) o NCCCU certification pm0mma for operators of mobile onenen and digger derricks Our products are the industry leaders and are consistently raising the bar through innovative product design, integrated safety features, and continued dedication to total customer satisfaction. Altec showcases this through advancements such as Fiber Optic Controls, advanced paint systems, and many other was we keep our customers working safer and Bid Number: RFP08232O Vendor Name: AJkecIndustries, Inc. 38 Describe any "green^initiatives that relate to your company Altec isthe industry leader for suatainabi|ityefforts and is or to your products or aomiceo, and include a list of the dedicated to listening and creating solutions. That's why we certifying agency for each. acknowledge the tremendous challenges and opportunities our customers taom and aspire to responsibly care for the environment and the communities in which we operate. A|Uac's allegiance is evident in the development ofnumerous nustainabi|iryinihaUwas: ^ The |ndunUyn First Green -Focused Facility. Located in Dixon, CA. AKmopmductu are manufactured in a plant that features ata0a-o#ho-urtsustainable construction that exceeds Title 24 energy and lighting codes. ^ Meeting Customer Needs. Our Green Fleet product line decreases fuel consumption and greenhouse gas emissions, while lowering noise pollution. 1npartnership with the Department of Energy, B*ctdo Partners Research Institute, CALSTART Hybrid Truck Uo*m Forum and othom, we offer o range of hybrid/electric and job -site energy management sys0ems, along with recycled lightweight materials and alternative fuels. ^ Facilities and Processes. Each /VVeo facility has established procedures and environmental management programs and actively engages in recycling u0eo|, copper and u|uminum, as well as consumer moyo|ab|eo. The installation of powder coat and e-coat paint systems has substantially reduced solid wooUa volume and air emisoinna, and energy -efficient lighting has replaced traditional lighting inall facilities. ~ AlhacEcoEmoyCommon GustainebilKyGoals. Green purchasing policies using Best -Value approach utilizing | | |Staples' environmental office products and supplies has been | implemented Corporate wide. 40 Describe any Women or M{ (WMBE), Small Business Entity (8BE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response VYerecognizes that adiverse and talented workforce ism key competitive advantage. Our business success is reflected in the quality and sN|| of our people. Inclusion means und*mtandinO, valuing and respecting workplace divomiiy, so that no auaooiuh* is excluded from the workplace nor the opportunity to develop skills and talents consistent with our values and business objectives. Akoo !nduetrima, Inc. and its affiliates including Global Rental are equal opportunity employers and maintain affirmative action plans to emmit, mtain, develop and promote qualified individuals without unlawful consideration of race, gender, no!nr, re|igion, sexual ori*ntation, national ohgin, age, disabi|iLy, citizenship otatuo, veteran statua, or any other characteristic protected byfederal, state orlocal law. AKmo is a National Corporate Member of the Nbmmn's Business Enterprise National Council. As part ofour commitments to holding federal uontraots. Altec is annually responsible to providing a small-business onnUaoUnU plan which is reviewed and approved by one of our two had*ne| contract agencies. Every year, we strive to find small business suppliers who will meet the quality and liability requirements, to supply prod uctsn*n/ices that meet/exceed our manufacturing standards. Suppliers who are interested in doing business with A|Uac are encouraged to naqioter on our 8uoo|i*r oorta|. located on our wmbai\*. Bid Number: RFPOO232U Vendor Name: AlbecIndustries, Inc. Bid Number: RFPOS232O Vendor Name: AJtecIndustries, Inc. Bid Number: RFP08232O Vendor Name: 4JheoIndustries, Inc. Line Item Question Response* 42 Do your warranties cover all products, parts, and labor? Yes, Altec equipment standard warranty is 1 year parts and labor, with 90 days for travel. Additionally it includes a limited lifetime warranty on structural components on all Altec equipment except for Boom Truck Cranes which are 5 years. Remaining standard manufacturer warranty is transferred to buyer from Global at time of purchase 43 Do your warranties impose usage restrictions or other No restrictions, however products must be operated and limitations that adversely affect coverage? maintained in accordance with Altec operators and maintenance manuals, programs, bulletins, and master rental 44 Do your warranties cover the expense of technicians' travel Yes, standard warranty is 90 days for travel charges. time and mileage to perform warranty repairs? Remaining standard manufacturer warranty is transferred to buyer from Global at time of purchase 45 Are there any geographic regions of the United States (and No, Altec employs Mobile Service Technicians in all 50 Canada, if applicable) for which you cannot provide a states and Canada. We own and operate approximately 50 certified technician to perform warranty repairs? How will service facilities across the United States and Canada. It Sourcewell participating entities in these regions be provided will be the member's decision to schedule a Mobile Service service for warranty repair? Technician to come to their site or schedule in shop service. In either case, 1-877-GO ALTEC (1-877-462-5832) is our dedicated number for members to speak with their local Parts, Mobile, or Shop Service representative. For location information please see attached documents Map with Facilities and Map with Mobile Service Techs, or visit 46 Will you cover warranty service for items made by other Products not manufactured by Altec which are supplied by manufacturers that are part of your proposal, or are these Altec on special order would be covered under the warranties issues typically passed on to the original manufacturer warranty. This would include items such as equipment manufacturer? inverters, compressors, liftgates, generators, etc. 47 What are your proposed exchange and return programs and Parts ordered in error or no longer needed can be policies? returned. If it was an error on Altec's part or otherwise not the customer's fault the 10% restocking fee will be waived. However. due to the nature of our equipment and the devaluation that occurs upon title / registration, there is no exchange or return program for equipment sales. 48 Describe any service contract options for the items included We have included service contract packages for member in your proposal. consideration. These include PM Inspections at several different intervals, DOT inspections, Dielectric Tests. Please reference document Price List - Service Items Bid Number: RFP08232O Vendor Name: 4JheoIndustries, Inc. Line Question Response* Item 49 What are your payment terms (e.g., net 10, net 30)? Net 30 on rentals, Net 10 on truck sales 50 Do you provide leasing or financing options, especially those Altec Industries provides Leasing and/or financing options options that schools and governmental entities may need to through our subsidiary Altec Capital. Options include FMV, use in order to make certain acquisitions? TRAC, and Capital leases, Equipment Finance Agreements (EFAs), and a dedicated Municipal Lease option to meet the equipment needs of our municipal customers. The benefits of our Municipal Lease option include: Finance terms to match the useful life of the equipment. Flexible lease options to shorten life cycles and decrease maintenance costs. Conserves capital budget funds. Match payments with budget allocations. Non -appropriation language included. Altec Capital Services municipal lease financing offers terms from 12 to 84 months. Municipal lessees can take advantage of low -rate financing, while simplifying the equipment acquisition process. If budget funds are not approved, simply return the equipment to Altec Capital Services at the end of the current fiscal year. With Altec Capital Services, there is no need to look anywhere else. Municipalities can now affordably purchase equipment in a timely, simplified way. The municipal lease offering is another product that Altec Capital Services, LLC offers to our customers in an effort to become your partner. Please feel free to visit hftp://www.afteccapital.com for more 51 Briefly describe your proposed order process. Include All purchase orders are processed by Global Rental / Altec, enough detail to support your ability to report quarterly sales as we are a factory direct company. We prefer a process to Sourcewell as described in the Contract template. For whereas Sourcewell members issues purchase orders example, indicate whether your dealer network is included in directly to us. your response and whether each dealer (or some other Our Sourcewell quotes / orders are flagged in our system entity) will process the Sourcewell participating entities' upon creation, and a report is run each quarter to report purchase orders. this sales data to Sourcewell. This process is the responsibility of a team at our corporate office with visibility of our wordwide operations. 52 Do you accept the P-card procurement and payment Yes we accept P-card for rentals. There is no surcharge for process? If so, is there any additional cost to Sourcewell Sourcwell participating entities for using this process. We do participating entities for using this process? not accept P-card for purchases Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as clesribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. IDescribe your pricing model (e.g., line -item discounts or prod uct-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Line Item Proposed Contract Pricing plus $2/milo delivery charge (CONUS only). The pricing provided includes u discount of between 3% 5% off KX8QF. See attached file titled Global - Sourcewell Price List. There is no more aggressive pricing available in the country for cooperative procurement organizoUono, state purchasing departments, CPOa.municipalities, universities, orschool Bid Number: RFPO8232O Vendor Name: AJtecIndustries, Inc. 54 Quantify the pricing discount represented by the pricing Line Item List Price less 3% - 5% Discount = Proposed proposal in this response. For example, if the pricing in your Contract Price. response represents a percentage discount from MSRP or Proposed Contract Price plus $2/mile delivery charge list, state the percentage or percentage range. (CONUS only). See attached Global - Sourcewell Price List There is no more aggressive pricing available in the country for cooperative procurement organizations, state purchasing departments, GPOs, municipalities, universities, or school 55 Describe any quantity or volume discounts or rebate 2-5 Units: 1% Discount from Contract Price programs that you offer. 6-10 Units: 1.5% Discount from Contract Price 11-19 Units: 2% Discount form Contract Price 20+ Units: TBD at Time of Order Note: Units must be identical to qualify for quantity rebate. 56 Propose a method of facilitating "sourced" products or ALTEC will utilize and Open Market section for customer to related services, which may be referred to as "open market" be able to customize equipment as needed. We will present items or "nonstandard options". For example, you may a unique quote for each opportunity for customer review. supply such items "at cost" or "at cost plus a percentage," ,or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is Delivery is the only cost not included in pricing. It applies NOT included in the pricing submitted with your response. to all customers and the price is $2.00 / mile for CONUS. This includes all additional charges associated with a Quotes would need to done for anything outside of the purchase that are not directly identified as freight or CONUS and will be priced at or below fair market value. shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the Altec has a team of drivers that work for us. We will also Sourcewell participating entity, describe in detail the contract with approved and vetted third party drive away complete freight, shipping, and delivery program. companies to deliver our equipment from our manufacturing facilities to the customer site. Delivery is an additional $2.00 / mile and will be calculated at time of quote for CONUS. Anything outside of the CONUS would be contracted through a third party company and would need to be priced at time of initial quote to customer. Pricing will be at or below fair market value. All parties participating in delivery of equipment will meet certain insurance and liability 59 Specifically describe freight, shipping, and delivery terms or Canada deliveries will be driven to customer site by programs available for Alaska, Hawaii, Canada, or any approved and vetted third party drive away companies. offshore delivery. Alaska, Hawaii, and worldwide deliveries will be contracted through a third party company and would need to be priced at time of initial quote to customer. Price will be at or below fair market rate. All parties participating in delivery of equipment will meet certain insurance and liability 60 Describe any unique distribution and/or delivery methods or If customer has any unique delivery requirements (such as options offered in your proposal, loading equipment on a trailer for delivery, etc), they can indicate at time of quote and we will be happy to accommodate. Additionally customers are welcome to pickup the equipment at one of our locations. 0111=010:01310mi - - c. better than the Proposer typically offers to GPOs, cooperative ';There is no more aggressive pricing available in the country I procurement organizations, or state purchasing departments. "for cooperative procurement organizations, state purchasing departments, GPOs, municipalities, universities, or school districts. Bid Number: RFP08232O Vendor Name: 4JheoIndustries, Inc. DocuSign Envelope ID: 1 FIFE13COA-C372-46F6-92131 -9C2E417BAD54 On 'Alta 10 F-IT9,17,T] IN Line Item Question Response* 62 Specifically describe any self -audit process or program that We currently run quarterly reports for Sourcewell orders and you plan to employ to verify compliance with your proposed compare the customers on this list with members listed on Contract with Sourcewell. This process includes ensuring that Sourcewell's website to verify customers are members. Our Sourcewell participating entities obtain the proper pricing, Technical Sales Representatives that prepair Sourcewell that the Vendor reports all sales under the Contract each quotes for our customers go through training on the quote quarter, and that the Vendor remits the proper administrative process, and our quote template is up to date and posted fee to Sourcewell. on our internal company site. Our Account Managers must flag the truck as an Sourcewell quote in our system in order to receive Sourcewell pricing. 63 Identify a proposed administrative fee that you will pay to Wewould like to propose a 1% fee payment to Sourcewell Sourcewell for facilitating, managing, and promoting the on all orders. Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Line Item Question Response* 64 Provide a detailed description of the equipment, products, A selection of aerial devices with standard service bodies and services that you are offering in your proposal. and chip dump bodies mounted on chassis A selection of derrick devices with utility bodies mounted on chassis A selection of boom stick cranes mounted on chassis A selection of knuckle boom cranes mounted on chassis A selection of cable placers, stringers, tensioners, and pullers A selection of Dump Trucks A selection of grapple loaders mounted on chassis A selection of hydro excavation equipment A selection of air excavation equipment A selection of pole, cargo, reel trailers 65 Within this RFP category there may be subcategories of Yes, in addition to our core products we are offering: solutions. List subcategory titles that best describe your Trailer Options products and services. Specialty Products Scheduled Maintenance for Altec equipment (PM inspections, DOT inspections, Dielectric Tests, etc). 1111 : 111111:11r; Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided to further clarify your offering, as necessary. Line Item Category or Type Offered Comments 66 Construction Equipment (describe heavy, r Yes Dump trucks, boom stick cranes, medium or light in Comment field) r No knuckle boom cranes, also our core products are used for utility infrastructure construction 67 Construction Tools r Yes N/A r No 68 Electrical Tools r Yes N/A r. No 69THeating, Ventilation and Air r Yes N/A Conditioning (HVAC) Equipment �r No Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc. 70 Material Handling Equipment r. Yes Boom stick cranes, knuckle boom cranes r No 71 Pumps r Yes N/A r No 72 Concrete and Masonry Equipment and r Yes N/A Tools r No 73 Public Works and Utility Equipment r Yes A selection of aerial devices with r No standard service bodies and chip dump bodies mounted on chassis A selection of derrick devices with utility bodies mounted on chassis A selection of boom stick cranes mounted on chassis A selection of knuckle boom cranes mounted on chassis A selection of cable placers, stringers, tensioners, and pullers A selection of Dump Trucks A selection of grapple loaders mounted on chassis A selection of hydro excavation equipment A selection of air excavation equipment A selection of pole, cargo, reel trailers 74 Trucks and Trailers r. Yes A selection of pole, cargo, reel trailers. r No Also our models that are mounted on chassis are quoted as "turn key" 75 Waste and Debris Handling Equipment r. Yes Grapple loaders 76 Generators r Yes N/A 77 Tree, Lawn, and Landscape Equipment r. Yes Forestry Aerial Device with chip dump No body Grapple loader trucks 78 Snow and Ice Removal Equipment Yes N/A 79 Facility Maintenance and Cleaning r Yes N/A Equipment r No 80 Safety Equipment r Yes N/A mporary Shelters and Seating r Yes N/A r No 82 Audio Visual Equipment and Public r Yes N/A Address Systems r. No 83 Portable Sign Boards, Portable Traffic r Yes N/A Signals, Road Barricades and Signs r. No 84 Environmental conditions or Emissions r Yes N/A Monitoring Equipment, Calibration and r. No Testing Equipment, and Imaging Equipment 85 Delivery, Installation or Setup, Removal, r. Yes Delivery Repair, Maintenance, Equipment r No Maintenance (see attached Service Training Programs, Safety Training Items - Price List) Programs Equipment Training (see attached Training - Price List) Safety Training Programs (see attached Training - Price List) Bid Number: RFPDS2328 Vendor Name: AlhecIndustries, Inc. 86 Used Rental Equipment Sales r. Yes A selection of aerial devices with r No standard service bodies and chip dump bodies mounted on chassis A selection of derrick devices with utility bodies mounted on chassis A selection of boom stick cranes mounted on chassis A selection of knuckle boom cranes mounted on chassis A selection of cable placers, stringers, tensioners, and pullers • selection of Dump Trucks • selection of grapple loaders mounted on chassis A selection of hydro excavation equipment A selection of air excavation equipment A selection of pole, cargo, reel trailers Line Item Question Response* 87 If you are awarded a contract, provide a few examples of Monthly update on new customers using Sourcewell rental internal metrics that will be tracked to measure whether you contract. Customers that use our new equipment contract are having success with the contract. 012418-ALT that we are able to transition fulfill their rental equipment needs with the rental contract. Also number and ratio of formal bids that are being requested to service our Sourcewell eligible customers. Training for 100% of Global Account Managers on benefits and use of contract. 88 Identify any additional costs not included in the rental Delivery is the only cost not included in pricing, will be equipment cost, such as delivery fees, loading and unloading priced at $2 / mile. fees, equipment fuel surcharges, environmental fees or 89 Describe your rent -to -buy option program for new rental 50% rental credit for first 12 cycles, 35% after that, equipment, if applicable. cumulative. 90 Describe your used rental equipment sales program, if Global is constantly cycling in new inventory and has applicable. equipment for sale through our used rental equipment program, please reference file Global - Sourcewell Price List Bid Number: RFP08232O Vendor Name: AJkecIndustries, Inc. DocuSign Envelope ID: 1 FIFEBCOA-C372-46F6-92131 -9C2E417BAD54 91 Describe any training programs related to this proposal, such as OSHA training, safety training, or other related certifications. 92 Describe maintenance responsibility (e.g., vendor or end user) related to long-term rentals. 93 Describe procedures for repair or replacement of rental equipment that becomes inoperable during the rental period. 94 Explain the procedures and timelines for providing equipment to a vendor or dealer location that does not have a piece of equipment in inventory. Upon delivery of an Sourcewell member's completed equipment, the local Altec Account Manager provides an on - site equipment orientation with the appropriate operators. This In -Service is provided free of charge. Each truck is delivered with two (2) sets of operator and maintenance/parts manuals. Within the equipment manuals, the standard features, safe operation, maintenance and repair information are covered. These are provided free of charge. Altec Sentry offers a variety of Instructor -Led courses for aerials, derricks and cranes. These OSHA and ANSI compliant courses aid in the fulfillment of employer training requirements. Many programs offer both Operator and Train - The -Trainer Formats. Additional costs apply based on duration of training, size of class, travel time for instructor, etc. The following Instructor -Led Trainings are Available: o Insulating Aerial Device o Non -Insulating Aerial o Tree Care Aerial Device o Bucket Rescue o Digger Derrick o Backyard Digger o Crane o Wood Chipper Altec Sentry also offers more than 80 online courses for cranes, aerial devices, digger derricks and chippers. Through a simple dashboard and storefront, operators can receive ANSI and OSHA -compliant General Training and Familiarization without the need for traditional classroom sessions. Other Altec Training options (additional costs apply): 0 Customized Altec equipment hydraulic maintenance training 0 International Fluid Power Society (IFPS) Certification training (testing provided by third party) 0 NCCCO certification programs for operators of mobile cranes and digger derricks Customer is responsible for maintaining the Equipment at their expense during the rental term. This includes all routine service and preventative maintenance. Reference document Rental Customer Responsibilities document for complete details. Unit will be returned to one of our 50 service facilities or a Mobile Service Technician will come to the site to repair. Replacement units may be available if necessary, please contact your Global Rental / Altec Account Manager for details. Reference document user responsibility document for complete details. Delivery will be defined at time of quote, typically we have equipment in inventory available for rapid delivery Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc. 95 Describe the extent to which your proposal includes a Altec owns and operates over 50 Service Centers located customer owned equipment repair program. If applicable, throughout the United States and Canada equipped with the describe the types of repair procedures, including tools, equipment, and certified hydraulic technicians needed transportation, on -site repair, labor and parts costs, or to get your Altec unit up and running as soon as possible. warranty offering. The Altec Service Group employs over 150 Mobile Service Technicians nationwide that are available to be deployed to your location. Mobile service technicians are equipped with the trucks and tools needed to get your equipment serviced and back on the road as soon as possible. They provide on -site warranty, service and preventative maintenance solutions for our customers Additionally, Altec Mobile Service has 24 hour emergency assistance, as well as emergency storm coverage. It will be the member's decision to schedule a Mobile Service Technician to come to their site or schedule in shop service. In either case, 1-877-GO ALTEC (1-877-462-5832) is our dedicated number for members to speak with their local Parts, Mobile, or Shop Service representative. Due to the complex nature of our service offerings for repair, and the large geographic area our facilities cover, we are not providing a repair program with this proposal offering. We are providing a program for preventative maintenance (PM inspections, DOT inspections, Dielectric Tests, etc). Bid Number: RFP08232O Vendor Name: 4JheoIndustries, Inc. Only those Proposer Exceptions toTerms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Ensure your submmissiondocummentha conforms tothe following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as SounouweU may not be able to open the file. t is your sole responsibility to ensure that the uploaded clocument(s) are not either defective, corrupted or blank and that the documents can beopened and viewed bySourceweU 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. f you need to upload more than one (1) document for a single item, you should combine the documents into one zipped 5|e. f the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Finmncia|Lmtteczip Tuesday June 23.2U2Q0&:42:OQ • -yNarkmbng.ajp-Monday June 22.202O11:22:U& • Statement onDiversity inthe VVorkforou.pdf Tuesday June 23.2828OA:54:57 • -VVananh/.zip-Monday June 22.2U2O11:21:5O • f�kgilQ'Phoing.zip-Tuesday June 23.2O2O11:31:4A • Additional Document - Additional Dooumente.zip-Tuesday June 23.282OOQ:5021 Bid Number: RFPO82320 Vendor Name: AbeoIndustries, Inc. 1 . The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might b impaired. I 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. G. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first- qualitypnmductaandre|atedaervicmatoSourcewe||MembmmunderanawardodContnoot. g. The Proposer will comply with all applicable provisions of federal, state, and |000| |aws, r*gu|etione, ru|ea, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. Bid Number: RFP08232O Vendor Name: /UhacIndustries, Inc. DocuSign Envelope ID: 1 FFEBCOAC372-46F6-92B1 -9C2E417BAD54 b. Included on the government -wide exclusions lists in the United States System for Award Management found at: bUpa://www.sam.gov/portal/3; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. F By checking this box I acknowledge that I am bound by the terms of the Proposer's Ailidavit, have the legal authority to — submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Mike Ritter, Controller, Global Rental Company inc The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, nomEmno I I I I I I VNIM100101111H 117111015 383mm�� Addendum_8_Equipment-Rental-RFP-062320 Mon June 15 2020 09:00 AM Addendum_7_Equipment - Rental-RFP-062320 Tue June 9 2020 03:02 PM Aide ndum_6_Equipment-Rental-RFP-062320 Mon June 8 2020 03:27 PM Addendum_5_Equipment-Rental-RFP-062320 Wed June 3 2020 04:28 PM Addendum-4-Equipment-Rental-RFP-062320 Wed June 3 2020 07:49 AM Addendurn_3_Equipment - Rental-RFP-062320 Mon June 1 2020 09:20 AM Addendum_2_Equipment-Rental-RFP-062320 Tue May 12 2020 04:30 PM Addendum_l_Equipment-Rental-RFP-062320 Tue May 5 2020 02:24 PM FO F F-0 F F-0 F F F0 Bid Number: RFP 062320 Vendor Name: Altec Industries, Inc. Custom Truck One Source CUSTOM Atlanta, GA TRUCK ONE rm Phone: (470) 781-2800 t s®BB .custo true .co /loca io 2023 Ford F600 Stock PDA05075 VIN 1 PDFP5LTPDA5075 Attachment Year 2023 Axle Config 44 Brakes HYDRAULIC Cab Type REGULAR CAB Characteristic Type 52' BUCKET Current Meter Reading 0.000000 Engine Hours 0.000000 Engine Hp 330 Engine Make Ford Engine Model 6.71- D Engine Size 6.7 FA Capacity 7500 RA Capacity 15500 Rear Suspension SPRING Transmission Automatic Transmission Model 10 SPD A Transmission Speed 10 Wheelbase 169 $ 199,174 DISCLAIMER Price quoted includos any rapplic.,ablc. FET. Quoted price is Ex Works and does riot inc lode any freigl at ! delivery charges, ,ales tax, tiflIng fees, or registration fees.. Specccticatiarasvare bel eveb to be correct but 4raaay contain errors and/or rarnissicns. C-1 c,tures are representative and rnray rich be identical. Desc,riptlon and hraages C: UStOM 1-mck One Source Date: 12/20/23 Vendor: Requisition #: Date Required: One-time Purchase CITY OF BALDWIN PARK PURCHASE REQUISITION Global Rental Co. Inc. Address: 33 Inververness Center Pkwy Ste 250 Birmingham, AL 35242 Phone #: (909) 743-3265 Fax #, P.O. #: Vendor #: Order Date: Item Qty Unit Catalog/Item No./Description Account No. Unit Price Total Amount Vendor is providing a 2023 Ford F600 truck equipped with an Altec AT48M Lift Bucket 255.50.590.58110,55031 175,000.00 System for Public Works Operations Division. This acquisition will replace the current truck. 254.50.590.58110.55031 40,484.00 Vendor met all requirements and is able to deliver the vehicle to the Public Works CIP24-026-55031 Maintenance Yard within this Fiscal year 23/24. * Only vendor with available truck on -hand through cancelled order. Typical wait time is 2-4 years. Subtotal: 215,484.00 Tax: Shipping: ** Funding approved during CIP FY23-24 Total: 215,484.00 Please provide justification for purchase below: The current truck used to perform is a 1993 ALTEC Bucket truck. Due to frequent mechanical issues are affecting its availability for intended use and requiring the use of rental equipment. The vehicle's condition has made a significant impact to Fleet Maintenance Budget. However, The opportunity has arisen due to the cancellation of an existing sale, allowing us to secure the needed aerial lift bucket truck PromPtly. Are you using federal funds for this purchase Yes No X If yes, please attach proof that the vendor is in good standing and free of suspension and debarment on SAM.gov. Purchases of $5,000 or more require three quotes. Please provide the information requested below. Justification required for Sole Source. Method: Vendors: Phone # or Web Address: Telephone Global Rental Co. Inc. 909 743-3265 Contact Person or Email: John Geor aco oulos Quotes: See attachments © Email © Internet Other (Please provide explanation): Sourcewell Competitive Bid #062320-ALT_ Pending City Council Approval 1.17.2024 Name of employee who obtained / received quotes: Anthony Vazquez Division Head Approval: Department Head Approval: ($10,001.00 - $24,999.99 Requires CEO Approval) CEO Approval: Revised 8-15-2023 Over $24,999.99 Requires City Council Approval) ITEM NO. 17 SUBJECT: Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation and Community Services February 7, 2024 Approval of Conceptual Design for Morgan Park Restrooms Improvements Project SUMMARY The purpose of this staff report is for City Council to consider approval of the conceptual design for Morgan Park Restrooms Improvements Project. RECOMMENDATION It is recommended that the City Council: 1. Approve the conceptual for Morgan Park Restroom Improvements Project; and 2. Authorize Director of Recreation & Community Services to proceed with any supplementary documents required for the project. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. BACKGROUND At their August 2, 2023, City Council Meeting, City Council awarded an agreement to Infrastructure Engineers a Bowman Consultant Group, Ltd. for design services for Morgan Park Restrooms Improvements Project CIP24-001-55027. Three (3) conceptual renderings were produced and shared with the community at various community engagement events. Staff diligently organized a series of community engagement meetings to introduce the alternative floor plan layouts. The vibrant atmosphere of the Downtown Street Market provided an ideal setting for staff to effectively share these alternatives, fostering an open dialogue with the community and encouraging valuable feedback on the proposed improvement options. Participants actively engaged in the process, prioritizing their preferred designs. Furthermore, staff showcased the proposed conceptual designs at the Julia McNeill Senior Center Loteria event, with a specific focus on the layouts highlighting the upgrades. Notably, the expansion maintains the building's exterior footprint and complies with American with Disabilities Act (ADA) compliance, while skillfully incorporating thoughtful modifications to interior walls to maximize its potential. This reflects a thorough balance between enhancing facilities and preserving the architectural integrity of the structure. The conceptual design presented reflects the feedback gathered from community engagement. Existing Restroom ADA Regular Urinal Sink Hand Flooring Walls Partitions Stall Stall Dryer Men's 1 0 1 1 1 Concrete Cinder Cinder Block Block Women's 1 1 0 1 1 Concrete Cinder Cinder Block Block Page 1 / 2 Pro osed Restroom ADA Stall Regular Stall Urinal Sink Hand Dryer Floor Walls Partitions Men's 1 2 1 3 2 Ceramic Painted Cinder Stainless With Infant Automatic Tile Block Steel Station Accent Backs lash Women's 1 3 0 3 2 Ceramic Painted Cinder Stainless With Infant Automatic Tile Block Steel Station Accent Backsplash The proposed improvements will increase the number of both restrooms with two (2) additional regular restroom stalls, two (2) washing stations, and one (1) window. Additional features include touch free equipment/accessories, flooring application, wall accent backsplash, partitions, infant changing stations and baseboard. ALTERNATIVES The alternative is not to approve the conceptual designs and provide alternative direction. LEGAL REVIEW Not required. ATTACHMENTS None. Page 2 / 2 ITEM NO. 18 �L�� TO: Honorable Mayor and Members of the City Council HI�B of - � FROM: Enrique C. Zaldivar, City Manager sn 'EL PREPARED BY: Shirley Quinones, Chief Deputy City Clerk ,A,W;,� DATE: February 7, 2024 SUBJECT: Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Housing Commission. SUMMARY This report requests that the City Council review applicants and appoint the remaining commissioners to the Housing Commission. RECOMMENDATION It is recommended that the City Council: 1. Review all commission applications for the Housing Commission 2. Make a finding that one of the Commissioner Seats designated for a Housing Authority participant can be filled by any resident applicant, in the interest of carrying out the business of the Housing Authority Commission. 3. Make the respective appointments. 4. Direct staff and City Attorney to bring back an ordinance amendment for B.P.M.0 Section 32.21 to eliminate the requirement of Commissioners being tenants of the authority. FISCAL IMPACT There is no fiscal impact with this action. BACKGROUND A Public Notice of Commissioners was posted in accordance with Government Code Sections 54972 and Baldwin Park Municipal Code Chapter 32. All Commission applications have been vetted including residency verification (via review of a driver's license and a current utility bill) and none of the applicants are participants of the Housing Authority. Said documentation is on file in the City Clerk's Office under advisement. DISCUSSION There are 7 vacancies on the commission, therefore the City Council directed staff to keep the Notice of Commissioner open for the vacancies in the Housing Commission. Pursuant to Baldwin Park Municipal Code Section 32.21, the Housing Commission shall consist of seven members who are appointed and designated to Commission Office Nos. 1 through 7 respectively. Commissioners Nos. 6 and 7 shall be persons who are tenants of the authority. Commissioner appointed to Office No. 7 shall be over 62 years of age if the authority has Page 1 / 2 tenants of such age. Tenant Commissioners shall have all the powers, duties, and privileges as any other Commissioner. Commission members of Office Nos. 1-5 are appointed to a four-year term. Commission members of Office Nos. 6 and 7 are appointed to a two-year term. One of the applicants, Laura Franklin, had been appointed to the Commission in July 2021 and sworn in on February 2, 2022. Unfortunately, she has not been able to fully serve due to the Housing Commission not having enough members to reach a quorum. She has reapplied for a new term of four years. HOUSING COMMISSION Seven (7) Housing Commission Seats Term: Seats No. 1 — 5: Appointment thru June 30, 2028 Seats No. 6-7: Appointment thru June 30, 2026 Commissioner No. 1 Resident Term: Four -years Commissioner No. 2 Resident Term: Four -years Commissioner No. 3 Resident Term: Four -years Commissioner No. 4 Resident Term: Four -years Commissioner No. 5 Resident Term: Four -years Commissioner No. 6 Participant of the Housing Authority Term: Two -years Commissioner No. 7 62 years of age and participant of the Housing Authority Term: Two -years Applications received from the following (applicants listed alphabetically by first name): 1. Edward Gonzalez 2. Elisabeth Tapia 3. Evangelina Franco 4. Jose Jesus Sauza 5. Laura Franklin 6. Maria Cisneros -Gonzalez None of the applicants are part of the Housing Authority. ALTERNATIVES The City Council could make appointments at its next regularly scheduled City Council Meeting and designate the current incumbents to continue serving in their current capacity until said appointments are made, as prescribed by the Baldwin Park Municipal Code Section 32.03(B). LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Housing Commission Applications Page 2 / 2 • PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID PERSONAL INFPRMATION: ulri= = Langth of time at this Address -mail address, Home Phone II Call/Message Phone NJ. Are you IS years of age Of older? I Are you registered to vote in the City of Baldwin Park? 00 you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? A, If yes, name of agency and posiflow-, EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 0 10 1 V,12 High School Graduate? _ G.E,D.7 j J') REFERENCES: Please provide the names of two (2) People, who are not City of Baldwin Park Elected or Appointed Off 1clals and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer cam , p lately conviction Is not an automatic bar to appointment, Each case is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? 11 yes, Please- list all offenses, date and place of offense(s), and sentenceffine received, Date A1111MAWN ragl&q =- t M"Wil"11 Rosicloncy, verification: 0 Yes El No Date: Voter W:gistratian Verification, El Yes D No Residency verificatiow 0 Yes E! No Date., AppoinmicilL date: Residency verification- El Yes El No Date: Term expires; UWABURAM Name Committee Requested. STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. q J c Date: Signature Notice: Please be advised that you and your qualificationi maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two �2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application W&,#! 74if wmop,"k. of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. r7 �'T IV SUBMIT YOUR WJFg-�,, — -- -------- — PLEASE ATTACH A 0 CURRENT COPY OF 0 A UTILITY BILL AND A COPY OF YOUR PHOTO ID Housing Commission :1 A 'ki.1101 Iq Y-11 0 1 it 11:1150 NNI-A I [AII, Name Elizabeth Tapla Residence Address Length of time at this Address: 43 yrs E-mail address, Home Phone No Cell/Message Phone No. Are you I q years of age or older? Ye5 Are you registered to vote in the Co of Baldwin Park? _Yo8 Do you currently serve as an elected or appainted official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position:_____--- EDUCATION: Circle Highest grade you completed, 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? Y03 G.F.D,? Cal Poly, Pomona Liberal Stud i esIMathematics IN «ial WTIM -M. EMPLOYMENT INFORMATION I EXPERIENCE: Teaching Credential 11EMEMC01= Monrovia Unified School Dist. I Lead Teacher -Academic Laj�� ?"'eraton Deep Space Network Training Administrator REFERENCES: Please provide the names of two (2) people, who are not City of Baldwin Park Elected or Appointed Officials and w can comment on your capabilities and character. i IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? No If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGE ME NTIC ERTIFICATION- I understand that upon filing, this appilcalion becomes a public record. Icertify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. 1111412023 Date Signature Residency —verification: [I Yes El No Date: voter Regisiraflon'verification: El Yes Cl No Residency verification: Ll Yes 1:1 No Date. Appointment data: Residency verification: U Yes Cl No Date: Term exl)h,es: lfflffwni Elizabeth Tapia Committee Requested: Rouslilllq a a 4 0 • 11 1 1 1 # lowlillimilip U 16 1 1 11111-1111i1Il 11 I 5121MILM I; It "I I RMW911 MM I W1 1.0 U11 m1mr.14LO1110.1alni I Ord alligelln"Ird, lates I I I IM A I IMMIlill in 1963 when I was a year old. I attended Foster Elem, for Kindergarten then went on 70, St. John the Baptist in Baldwin Park from I st to 8th grade, Then graduated from Bishop lza MOM to college, I was hired by Baldwin Park U,S,D, as a teacher's aide at Olive Jr, High for 2 years, Then once I received my credential, I was hired by Baldwin Park Adult arL I Continuing Education as an ESL Teacher for 2 years and then as the Lead Teacher a the High School Program for Adults for the 9 years after that, I have always been a sup - Date: 11/14/2023 ill i IMF I ill I I I I iii Ill lill TIME=: Mr-MM"M Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting, WHI De IfiGhlueu Ill 111V p ful of said recruitment. Failure to provide current proof of residency with each reuruilment will invalidate this application, i Is PIT ll� iiii III W CURRENT w A BILL AND APPLICATION f CITY r COPY OF YOUR 1 ! 2023 PHOTOi STATEMENT . _ QUALIFICATIONS . ■ i •� i ■ i.. Fill• i i W1 Elected or A REFERENCES: Please provide the names of two (2) people. who are not dity of s _ J i ld 'n Pa ppointed Officials and who T commentcan ■capabilities• IMPORTANT:Read the following carefully and answer completely. A corvickn is riot• r appointrnonL considered on its individual merits. HAVE YOU BEEN CONVICTED OF f OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentenceffine, received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon Wing, thlg applIcation becomos a public record. I Qeaffy under ponalty of perjury under the iaws of the State of CaliforWa that 1he foregoing is true and orract. rr 5-95 r Me lignaturd ! r i Resideneyverification- El Yes F1 No Date- Voter Registration Verification: El Yes F-1 No Residency verification. 0 Yes [] No Appointment date: Housing Narne MM � e Requested: - tIO plylwa- C-0 !Ito OOM7 �" Use this -space to list your goal-, and objectives and why you feel you should be appoirited to the commission for which yoLj are applying. Please include any additional information you feel will be beneficial to the Council in nonsideratinn of your appointmont to this cornmission. I �.S i v, �k( Date: 5 - 15 Sign"iture d IQ Aea / ts_ -e It f-P, 0 -fLqw,-A 0 . )/ (Inkli't-thlAe Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification MR be kept on file for Iwo (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration ol'appointment, your application will be included in the pool of applicants provid-ed however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. 15Y03r$ E-mallsddress: — ----------- PLEASE AT TACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO 10 0 0■ PERSONAL INFORMATION: Namejose Jesus sauza Residence Addres� i � i v so 5 . 1 Housing com missig CellWassago Phono N Are you registered to vote In the City of Baldwin Park? Yas88 Do you currently serve as an elected or appointed official for any board and6r agency w1thin the City of Baldwin Park? NO If yesname of agency and position; EDUCATION: / N Circle Highest grade you completed. 1 2 3 4 5 6 7 8 9 10 11(12 ) High School Graduate? Yes-- G.E.D.? University of Phoenix Business Administration M mo Senior T_ ax Assoauary 2021 -Present IMMEMUG3MMUM January 2015 REFERENCES: Please provide the names of two (2) people, who are not 01ty of Bald�;in Park Elected or Appolated Officlols and who can comment on your capablNes and character. IMPORTANT: Read the following carefully and answer completely, A conviction is not an autarnallic bar to appointment. Lach case is considored on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yo�;, Please list all offenses, date and place of offense(s), and sentencelfine received; M Do Residency verification. Cl Yes 1_1 No Date: Residency vedfication: F1 Yes F1 No Date: verification. Fl Yes No Date: ACKNOWLEDGEMENTIC ERTI FIG ATION: I understand that upon fling, this application her omes a public record. I cMffy under penalty of perjury under the to f the tal of Coffarnia that the foregal ng is true and correct. Signature Voter Registration Verification: LJ Yes U 'No Appointment date, Term excites. SFE -BACK --+ Name—_ Committee Requested; A I 911MID, M19 Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will'be beneficial to the Council in consideration of your app&Lmont to this commission. Date, Notice: Please be advised that you and your qualifications may be dhscusse4l�City Council at an open meeting, PRO jpqg� I lion'"Ifur, firm roll SLIUM11 07770777 proar 57 IT of said recrifitment. Faffure to provide current proof of residency with eacti recruitment will Invalidate this application. 1 1471 1 NOMMORMITERTO ROIL] As a 23-year resident of Baldwin Park, I have witnessed the positive transformations and improvements that our city has undergone over the years, I am deeply committed to the continued progression and betterment of our community, and I believe that serving on the Housing Commission is an excellent way to contribute to this vision. My unique background, which includes holding a real estate license and being a licensed tax professional, positions me well to make a meaningful impact on the housing -related challenges facing our city. I am not only familiar with the intricacies of the real estate market but also have a strong understanding of the financial aspects that underpin housing initiatives. This experience will be invaluable in ensuring that the Housing Commission can make informed decisions that benefit both the city and its residents. Moreover, my involvement in fundraising committees for politicians has equipped me with essential skills, such as connecting with diverse groups of people, building strong relationships, and advocating for important causes. These skills are vital in fostering community engagement and garnering support for housing initiatives that address the diverse needs of our residents, In addition to my fundraising experience, I possess excellent communication skills, a strong attention to detail, and a proactive approach to problem -solving. I am a team player, capable of collaborating effectively with fellow commissioners, city officials, and community members to develop innovative solutions to housing issues. I am eager to work alongside like-minded individuals to develop and implement policies that promote affordable housing, sustainable development, and improved living conditions for all Baldwin Park residents. My overarching goal as a member of the Housing Commission is to contribute to the betterment of our community by ensuring that housing remains affordable, accessible, and of high quality. am excited about the opportunity to leverage my experience and skills to benefit the city I have called home for over two decades. Together, we can work towards a brighter future for Baldwin Park. look forward to the opportunity to discuss my candidacy in more detail and how I can be a valuable asset to the Housing Commission. Thank you for considering my application. Sincerely, Jose J Sauza A. Name Laura Franklin Committee Requested: I have served as one of two Housing Commissioners sworn In In 2022. 1 have worked I in housingsince 2012. It has always fulfilledmetowork in my community where• # be part offamilydevelopment, growth, and buildingcommunity.# . • i my time in office has been uneventful In itself, yet I am still encouraged to serve another ! # # r ! • # •I • r I i •ili! # • # # • # Ni' # •MEN I ♦ •�•� # is transparent, available,and demons1rates* • ivolunteer my time as aCommissioner.•about about purpose, promisesr# ikept,andplantingseedsgrowlong after we're gone. DateMay 12,2023 i l I= �IMM"KIMM71MMIMM Maryou and your quantications may be discussed by • ##: This Application and Statement of Qualfficatton will be kept on Me for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included In the poof of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recralknent will Invalidate this application. Name-1 VV>_0 Committee Requested: OkI � g 10 1A 11MIMMAKEIRIArl-MOVAKIIII IMISH --t--- B 0 J.-H M M IN to W I a i M Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur r n the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the of said recruitment, Failure to provide current proof of residency with each recruitment will invalidate this application. I I I i 11TU I IM ITEM NO. 19 Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police February 7, 2024 Request for Authorization to Purchase APX Radios by Motorola Solutions SUMMARY This report seeks authorization from the City Council to purchase APX radios by Motorola Solutions® and upgrade the Police Department's obsolete communication system. RECOMMENDATION It is recommended that the City Council 1. Waive the formal bidding process for this purchase; and 2. Authorize the Director of Finance to appropriate $300,000.00 from CIP 24-028-53009 account 271-30-340-58110-53009; and 3. Authorize the Chief of Police or his designee to complete all appropriate documentation to complete the purchase of the requested Motorola radios and accessories. FISCAL IMPACT There will be no impact to the general fund. The total purchase price is $1,472,301.46. The Board of State and Community Corrections "BSCC" provided $300,000 to the City of Baldwin Park for this upgrade. These funds were deposited into account 271-30-340-58110-53009 for CIP 24-028-53009. It is anticipated that the Measure BP Stakeholder Oversight Committee (SOC) will consider a funding proposal for the Radios Replacement Project at its meeting on February 13, 2024. The decision on whether the SOC will recommend approval is entirely up the SOC. Therefore, we would not bind the City contractually until SOC has made a decision and the City Council has concurred. The remaining balance of $1,172,301.46 would be paid yearly through a service agreement (5 years), and funding will be budgeted in future fiscal years from either Measure BP or part of the Police Department's Annual Budget. The payment plan would be as follows: Page 1 / 3 BACKGROUND The Baldwin Park Police Department's radio system is essential to our public safety commitment. Our radio systems connects our first responders with dispatchers and other police and fire agencies who relay information gathered from our citizens. Purchased in 2005, our officers' current XTS 5000 portable radios are approximately 18 years old, have reached their expected lifespan, and are now obsolete. In 2013, Motorola officially discontinued selling the XTS radio line. In December 2018, Motorola announced that both support and the availability of parts would be discontinued, effectively announcing the end of their useful life. Support for these radios after December 2018 will be constrained by the availability of parts on hand and those purchased if available in secondary markets. Having the most critical equipment supported in this manner would be unprecedented. It would put police officers at a greater risk of equipment failures when their lives depend on it and hamper our response to critical incidents. The Baldwin Park Police Department's radio system is essential to our public safety commitment. Our radio systems connects our first responders with dispatchers and other police and fire agencies who relay information gathered from our citizens. Purchased in 2005, our officers' current XTS 5000 portable radios are approximately 18 years old, have reached their expected lifespan, and are now obsolete. In 2013, Motorola officially discontinued selling the XTS radio line. In December 2018, Motorola announced that both support and the availability of parts would be discontinued, effectively announcing the end of their useful life. Support for these radios after December 2018 will be constrained by the availability of parts on hand and those purchased if available in secondary markets. Having the most critical equipment supported in this manner would be unprecedented. It would put police officers at a greater risk of equipment failures when their lives depend on it and hamper our response to critical incidents. • ASTRO25 radio subscribers contain proprietary hardware and software only available through Motorola and its partners. • Motorola radios will operate on the department's existing P25 trunked system that uses Motorola core equipment. So, the radios would be interoperable and compatible with the current Motorola system. • Motorola and its authorized service providers are the only entities that can service Motorola products. Using another vendor product for radios would create additional costs for service needs and maintenance. • Motorola maintains proprietary parts and accessories inventories to support warranty, maintenance, and support services for their radio equipment, ensuring the availability and compatibility of replacements. No aftermarket or third -party components would be compatible. • Baldwin Park and other ICI members only use Motorola equipment currently. So, there is standardization across agencies on Motorola products. The existing radio infrastructure and system is ASTRO25, a proprietary Motorola solution product. Standardizing Motorola APX radios to align with the existing Motorola ASTRO25 system makes Motorola realistically the only viable option to fulfill operational, compatibility, support, and cost - efficiency requirements. Therefore, Motorola Solutions qualifies as a sole source provider within the meaning of City Ordinance 1457. Page 2 / 3 Purchasing new Motorola APX radios would upgrade our outdated communication system to state-of- the-art P25 standards, future -proofing our radio capabilities with a reliable, cutting -edge platform that can support the department's communication needs for years to come. ALTERNATIVES 1. Authorize the purchase. 2. Decline to authorize the purchase. However, Should City Council decide not to authorize the purchase of the new APX 8000 radios, the police department would continue to utilize the existing radios and seek replacement and repairs as needed. Given the current failure rate on the existing radios, this option would not be cost-effective. It would impact operational readiness for our officers due to the high turnaround time on repairs and the need for available replacement radios. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Quote from Motorola Solutions 2. Motorola Solutions Technical Specs letter Page 3 / 3 0 A010TOROLA SOLUTIONS Billing Address: BALDVV|NPARK POLICE DEPT CITY OF 14403EPACIFIC AVE BALDVV|NPARK, CAQ1706 US QUOTE-2141743 APX Subscribers OuoteOate12/13/Z023 Expiration Date:04/11/2024 Quote Created By: OenisRedzepagic denis.nadzepagic@ motoro|aso|udons.com End Customer: BALDVV|N PARK POLICE DEPT CITY OF Josh Hendricks jhendricks@ba|dvvinpark.com FneightTerms:FRE|GHT PREPAID PaymentTerms:]O NET APXTm 8000 Series APX800 1 H01TGD9PW7AN APX 8000ALL BAND 65 $7'774.00 $5.675.0 $368.876.30 PORTABLE MODEL l5 1a OA05573AA ALT. L|'0N|MPRE5Z|Ph8 65 $156.45 $11421 $7.423.55 51OOK4AH 1b (}OUhCB ADD: ASTRODIGITAL CAI 65 $55700 $413.91 $26'904.15 OPERATION 1c Q361AN ADD: P2Gy5OOBAUD hG $330.00 $240.90 $15.658.50 TRUNK|NG 1d QA00580AA ADD: TDMAOPERATION 65 $495.00 $351.35 $23.48775 1e O50\L ADD: JYESSENTIAL 55 $184.08 $184.00 $11.960.00 SERVICE 1f [}15AJ ADD: AES/DE5-XUDES-OFB 55 $879.00 $541.57 $41'708.55 ENCRYPTION AND ADP 1g OA00007AA ADD: OUT OFTHE BOX VY|F| 65 $0.00 $0.00 $0.00 PROVISIONING 1h 0A09001AB ADD: VV|F|CAPABILITY 65 $330.00 $240.90 $15.558.50 1i Q498AU ENH:ASTR025OTARWV 65 $814.00 $59422 $38'52430 K4ULT|KEY 1j H38BS ADD:SK4ARTZONE 55 $1'650.00 $1'204.50 $78.292.50 OPERATION ^ / transaction followingmwm / » u u m � om�"�m° oo u mo mm » Customer omm" " "/*,��� /"v�'''Underlying ^"'"°°"="°""" (collectively w��/ om °" �""" Customer, ""Motorola ��������.������������������������������������������*"pply � �����'��������°".°, Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 0 A010TOROLA SOLUTIONS QUOTE-2141743 APX Subscribers 1k G996AP ADD: PROGRAMMING OVER 65 $110.00 $80.30 $5,219.50 P25 (OTAP) 11 QA09113AB ADD: BASELINE RELEASE 65 $0.00 $0.00 $0.00 SW 2 PMMN4099CL AUDIO ACCESSORY- 65 $142.56 $114.03 $7,411.95 REMOTE SPEAKER MICROPHONE,IP68 REMOTE SPEAKER MICROPHONE,3.5MM,UL 3 PMNN4494A BATT IMPRES 2 LIION R IP68 20 $228.69 $182.93 $3,658.60 5100T 4 NNTN8863A CHARGER, SINGLE -UNIT, 10 $169.56 $135.63 $1,356.30 IMPRES 2, 3A, 100-240VAC, US/NA PLUG 5 NNTN8844A CHARGER, MULTI -UNIT, 8 $1,705.20 $1,363.99 $10,911.92 IMPRES 2, 6-DISP, NA/LA- PLUG, ACC USB CHGR APXTM 8500 6 M37TSS9PWIAN APX8500 ALL BAND MP 28 $5,893.68 $4,302.39 $120,466.92 MOBILE 6a G90AC ADD: NO MICROPHONE 28 $0.00 $0.00 $0.00 NEEDED APX 6b GA09007AA ADD: OUT OF THE BOX WIFI 28 $0.00 $0.00 $0.00 PROVISIONING 6c G851AG ADD: AES/DES-XL/DES-OFB 28 $879.00 $641.67 $17,966.76 ENCRYP APX AND ADP 6d GA00250AA ADD: BLUETOOTH/WIFI/ 28 $110.00 $80.30 $2,248.40 GNSS FLEXIBLE CABLE LMR195 6e G996AS ENH: OVER THE AIR 28 $110.00 $80.30 $2,248.40 PROVISIONING 6f G72AD ADD: APX 03 HANDHELD CH 28 $1,041.00 $759.93 $21,278.04 6g G67DE ADD: REMOTE MOUNT 03 MP 28 $327.00 $238.71 $6,683.88 6h GA00580AA ADD: TDMA OPERATION 28 $495.00 $361.35 $10,117.80 5i GA01513AB ADD: ALL BAND MOBILE 28 $105.00 $76.65 $2,146.20 ANTENNA (7/8/V/U) Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 age 0 A010TOROLA SOLUTIONS QUOTE-2141743 APX Subscribers 6j G51AT ENKSMARTZONE 28 $1,650.00 $1,204.50 $33,726.00 6k G78AT ENH: 3 YEAR ESSENTIAL 28 $288.00 $288.00 $8,064.00 SVC 61 GA09001AA ADD: WI-FI CAPABILITY 28 $330.00 $240.90 $6,745.20 6m G298AS ENH: ASTRID 25 OTAR W/ 28 $814.00 $594.22 $16,638.16 MULTIKEY 6n B18CR ADD: AUXILIARY SPKR 7.5 28 $66.00 $48.18 $1,349.04 WATT APX 6o G444AH ADD: APX CONTROL HEAD 28 $0.00 $0.00 $0.00 SOFTWARE 6p GA01517AA DEL: NO J600 ADAPTER 28 $0.00 $0.00 $0.00 CABLE NEEDED 6q G806BL ENH: ASTRID DIGITAL CAI OP 28 $567.00 $413.91 $11,589.48 APX 6r G361AH ENH: P25 TRUNKING 28 $330.00 $240.90 $6,745.20 SOFTWARE APX 6s QA09113AB ADD: BASELINE RELEASE 28 $0.00 $0.00 $0.00 SW APXTm 8500 7 M37TSS9PW1AN APX8500 ALL BAND MP 44 $5,893.68 $4,302.39 $189,305.16 MOBILE 7a GA09007AA ADD: OUT OF THE BOX WIFI 44 $0.00 $0.00 $0.00 PROVISIONING 7b G851AG ADD: AES/DES-XL/DES-OFB 44 $879.00 $641.67 $28,233.48 ENCRYP APX AND ADP 7c GA00250AA ADD: BLUETOOTH/WIFI/ 44 $110.00 $80.30 $3,533.20 GNSS FLEXIBLE CABLE LMR195 7d G996AS ENH: OVER THE AIR 44 $110.00 $80.30 $3,533.20 PROVISIONING 7e GA00580AA ADD: TDMA OPERATION 44 $495.00 $361.35 $15,899.40 7f GA01513AB ADD: ALL BAND MOBILE 44 $105.00 $76.65 $3,372.60 ANTENNA (7/8/V/U) 7g G51AT ENKSMARTZONE 44 $1,650.00 $1,204.50 $52,998.00 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 �Page 0 MOTOROLA SOLUTIONS QUOTE-2141743 SPX Subscribers 7h G78AT ENH: 3 YEAR ESSENTIAL 44 $288.00 $288.00 $12,672.00 SVC 7i GA09001AA ADD: WI-FI CAPABILITY 44 $330.00 $240.90 $10,599.60 7j G298AS ............. ENH: ASTRID 25 OTAR W/ 44 $814.00 $594.22 $26,145.68 MULTIKEY 7k B18CR ADD: AUXILIARY SPKR 7.5 44 $66.00 $48.18 $2,119.92 WATT APX 71 G444AH ADD: APX CONTROL HEAD 44 $0.00 $0.00 $0.00 SOFTWARE 7m G67EH ADD: REMOTE MOUNT E5 MP 44 $327.00 $238.71 $10,503.24 7n GA01517AA DEL: NO J600 ADAPTER 44 $0.00 $0.00 $0.00 CABLE NEEDED 7o G806BL ENH: ASTRID DIGITAL CAI OP 44 $567.00 $413.91 $18,212.04 APX 7p GA01670AA ADD: APX E5 CONTROL 44 $717.00 $523.41 $23,030.04 HEAD 7q W22BA ADD: STD PALM 44 $79.00 $57.67 $2,537.48 MICROPHONE APX 7r G361AH ENH: P25 TRUNKING 44 $330.00 $240.90 $10,599.60 SOFTWARE APX 7s QA09113AB ADD: BASELINE RELEASE 44 $0.00 $0.00 $0.00 SW Subtotal $1,338,460.59 Estimated Tax $133,840.87 Grand Total $1,472,301.46(USD) Notes Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 �Page 4 0 MOYOPWOLA SOLUDONS Motorola Solutions, Inc. 10680 Treena St., Suite 200 San Diego, CA 92131 December 14, 2023 Chief Robert Lopez Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Subject: Motorola Solutions — ASTRO25 APX RADIO EQUIPMENT Dear Chief Lopez: Motorola Solutions, Inc. ("Motorola") is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Baldwin Park, CA as a valued customer. The ASTRO25 radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through Motorola and its channel partners. The Motorola Radio Equipment and Options that will be purchased by the City of Baldwin Park can be used on their existing Motorola ASTRO P25 Trunked System that ICI Member agencies currently operate. These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola solutions core equipment located at the Glendale Master Site. Furthermore, authorized warranty, maintenance and support services for Motorola systems and hardware and software products are provided by Motorola and its network of authorizedand trained service providers. Motorola maintains a parts and accessories inventory sufficient to support its warranty, maintenance and support services obligations. These partsand accessories are manufactured either by Motorola or for Motorola subject to Motorola's specifications and other requirements. If you have any questions regarding our radio equipment, please contact your Account Executive, Denis Redzepagic at (619) 577-3619. Sincerely, Motorola Solutions, Inc. Mike Bravo Area Sales Manager ITEM NO. 20 �L�� TO: Honorable Mayor and Members of the City Council - � FROM: Enrique C. Zaldivar, Chief Executive Officer S'EL Ron Garcia, Director of Community Development ,A,W;,� DATE: February 7, 2024 SUBJECT: Approval of Amendment Number 2 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising. SUMMARY The purpose of this staff report is to consider a 2nd amendment to the Consultant Services Agreement (CSA) with Terra Realty Advisors Inc. (Terra) to extend the Agreement by additional twelve months and update the Scope of Services and Compensation. RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the Amendment subject to any non -substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate funding and make the necessary budget adjustments. FISCAL IMPACT The fiscal impact to the General Fund is estimated at $8,200 (account # 100-40-405-51100-00000). This amendment increases the original not -to -exceed agreement amount from $40,000 to $50,000 as additional services are added to the Scope of Services. The $10,000 additional cost will be included in the FY 2024-25 budget process. The cost of CSA will continue to be covered by fees collected from outdoor advertising companies seeking new development agreements or leases with the city. Also, services provided by the consultant will assist staff in establishing development agreements/leases that will continue to generate significant revenue from outdoor advertising opportunities. BACKGROUND On January 19, 2022, the City Council approved a twelve-month CSA with Terra for an amount not -to - exceed $40,000 for the purposes of providing real estate services related to billboards. The CSA was first amended on January 18th, 2023 that only extended the agreement for an additional twelve months and expired on January 18th, 2024. This 2nd amendment will extend the agreement an additional twelve months and will replace the current Scope of Services and Compensation. Additions to the Scope of Services includes developing a Request for Proposal for a new billboard as the city gets set to obtain site control of a parcel by the medical Kaiser facility with freeway visibility, and advisory services as staff continues to explore bus stop advertising signage. The extension of the agreement and additional services requires that the Compensation to the CSA also be updated. Page 1 / 2 Since the execution of the original agreement Terra has been an instrumental resource in a very specialized industry by assisting in negotiating new development agreements related to new billboard signs, existing signs with expiring agreements and static to digital sign conversions. Terra has ensured that the city received revenues consistent with what other cities received based on current market conditions and has assisted in navigating the highly regulated industry. Based on its positive experience working with Terra and with potential new revenue generating opportunities, staff is recommending that the City Council approve Amendment Number 2. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Amendment Number 2 with Terra Realty Advisors Inc. 2. New Scope of Services and Compensation Page 2 / 2 AMENDMENT NUMBER 2 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND TERRA REALTY ADVISORS INC. 1. PARTIES AND DATE. This Second Amendment to the Consultant Services Agreement ("Second Amendment") is made and entered into this February 7, 2024, by and between the City of Baldwin Park, ("City"), and Terra Realty Advisors Inc. ("Consultant"). 2. RECITALS. 2.1 Agreement. City and Consultant entered into that certain Consultant Services Agreement dated January 19, 2022, ("Agreement"), whereby Consultant agreed to provide various real estate services related to outdoor advertising signs. 2.2 Amendment. City and Consultant mutually desire to amend the Consultant Services Contract Agreement for the second time to add additional services and extend the term of the Consultant Services Agreement. This amendment replaces Exhibit A Scope of Services with a new Scope of Services that includes these additional services, related Exhibit B Compensation and extends the Agreement with the Consultant an additional twelve (12) months. 3. NOW, THEREFORE, City and Consultant agree as follows: 3.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement. 3.3 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 3.4 Corporate Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such parry is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed this Second Amendment to be executed the day and year first above written. CITY OF BALDWIN PARK: Attest: am Emmanuel J. Estrada, Mayor Christopher Saenz, City Clerk Approved as to Form: By: Marco A. Martinez, City Attorney CONSULTANT: Terra Realty Advisors Inc. IN Scott Sheldon, President TERRA realty advisors in SCOPE OF SERVICES The Client engaged Terra Realty Advisors, Inc. (TRA) as originally referenced in the Consultant Services Agreement dated August 26, 2019, to provide advice and options on various billboard signs in the City of Baldwin Park. This follow-up Scope of Services includes: Continue to provide advice, direction and coordination for the Client, working with Lamar Outdoor (Lamar) through construction and close-out of their approved sign, 2. Continue to provide advice, direction and coordination for the Client, working with All Vision Media (All Vision) to complete a Development Agreement, coordinate public entitlements through construction and close-out for a new proposed digital sign, 3. Work with Clear Channel Outdoor (CCO) to negotiate and finalize a new Development Agreement for the existing three signs at Barnes Park, 4. Assist the Client in finalizing all property matters for the transfer of the Dalewood site (adjacent to Kaiser) from Caltrans. Develop an RFP and coordinate all aspects including design, economics, selection of a sign company, and a lease agreement to locate and construct a new digital LED sign on this City owned property, 5. Assist the City with ongoing negotiations regarding an extension of the lease for the existing static sign located at the City Corporation Yard property on Garvey Avenue. 6. Advise and coordinate with the Client on the removal of the existing Regency Outdoor illegal, non -permitted static sign north and west of the 1-10, 1-605 interchange, 7. Provide advice and strategy to eliminate the existing sign located on Torch Street, located adjacent to residential, when the Development Agreement expires in 2025. 8. Provide strategic advisory service for the Guadalajara site proposed sign including review of documents, etc. 9. Provide strategic advisory services for transit bus stop signs, including development of an RFP and negotiations with potential sign companies It is industry standard practice to have sign companies for new leases or Development Agreements pay a one time fee to the Client to assist in covering the Consultants costs. As an example, for the OFM & Lamar signs, both sign companies have agreed to pay $15,000 each, $30,000 total to the City of Baldwin Park. In addition, All Vision has agreed to pay to the City $25,000 for reimbursement of consultant services. Clear Channel Outdoor has also agreed to pay a reimbursement for consultant services in the amount of $12,500. This same request will be made with all other sign companies upon final agreement of either a lease or DA. Chadbourne450 Road Suite G, Fairfield,t 0www.terraadvisors. net TERRA realty advisors in EXHIBIT B — Compensation of the Consultant In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1. RATE SCHEDULE 2023/2024 The following are the hourly rates for each position: President $295.00/hr Executive Vice President $250.00/hr Senior Vice President $215.00/hr Vice President $195.00/hr Director of Due Diligence/Research $140.00/hr Administrative/Clerical $ 95.00/hr Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month. The following is a budget estimate of fees likely to be incurred for our services based on the attached Scope of Services. The sum of FIFTY THOUSAND DOLLARS ($50,000.00), anticipated to be offset by reimbursements from the sign companies. An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget. Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates as shown above. Both parties herein agree to keep all information relating to this project and Agreement confidential. Fairfield,450 Chadbourne Road Suite G, i ITEM NO. 21 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works PREPARED BY: Lena Abdullah, Management Analyst DATE: February 7, 2024 SUBJECT: Consider and approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance of the City's Dial -A -Ride and Fixed Route Transit Program and Approve a Compressed Natural Gas (CNG) Refueling Agreement with the City of El Monte to Support the City's Transit Program SUMMARY This item requests that the City Council consider and approve a 2-year Transit Services Agreement with Southland Transit, Inc. (STI), to operate the City's fixed route and dial -a -ride services as well as provide bus maintenance. It also requests that the Council consider and approve a CNG Refueling Agreement with the City of El Monte for a term of one year and possible extension of one additional year at the same terms. RECOMMENDATION It is recommended that the City Council: 1. Approve a 2-year Transit Services Agreement (TSA) with Southland Transit, Inc., and Authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve a 1 -year CNG Refueling Agreement with the City of El Monte, and Authorize the Chief Executive Officer (CEO) to execute the agreement; and, 3. Authorize the Director of Finance to appropriate an additional amount of $100,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate. FISCAL IMPACT The approval of the Transit Services Agreement will have no impact on the City's General Fund. The City's Transit Program is funded through Propositions A and C local return revenue as well as an annual credit from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for program reporting through the National Transit Database (NTD). The total amount of the proposed TSA is estimated at $1,685,974.40. The funds needed for the services are included in the FY 2023-24 operations budget approved by the City Council on July 5, 2023, however an additional $100,000 from Fund 244 (Prop. A) is needed to cover the cost of the higher hourly rate of service as well as the unforeseen additional expense for fuel procured through various third -parties due to the City's CNG station being unavailable. FY2023-24 Approved Funds Amount Available Proposition A— Fixed Route and Dial -A -Ride operations $1,705,000 Proposition C — Fixed Route and Dial -A -Ride operations $151,000 Total Available Funds: $1,856,000 Page I / 4 Estimated Additional Costs for FY2023-24 Estimated; Amount Proposition A — Additional appropriation $100,000 Total Estimated Costs(including already approved amount $1,956,000 The approval of the CNG Refueling Agreement will have no impact on the City's General Fund. The cost of fuel was budgeted and approved in FY 2023-24 operations budget. In September 2023 the City's CNG Station unexpectedly became inoperable leaving no choice but for City and Transit vehicles to have to refuel at private stations at substantially higher rates. While the City's CNG station is expected to be back in working order by the start of June 2024, this CNG Refueling Agreement will allow City and Transit vehicles to refuel for about half the cost until such time the City's station is operational, as well as be used as an alternate station, should the City's CNG station become unavailable. BACKGROUND Southland Transit, Inc. (STI) has been the City's transit service operator for over 30 years. Starting as San Gabriel Valley Transit in 1994, The City of Baldwin Park was one of its first clients. Over the years, through various contract awards and contract extensions, STI has continued providing transit services for Fixed Route and Dial -A -Ride bus operations. On June 5, 2013, the City Council approved a five (5) year Transit Services Agreement with the options for extensions. The City and STI have agreed upon and executed four (4) amendments to the contract with the last one being approved on December 21, 2022, and expiring on August 18, 2023. At the time the amendment was executed the City's CNG station was not in operation yet so an interim rate was set at $90.33 until such time that the station is available which would then set the hourly rate at $72.43. When the amendment expired, City Staff and STI mutually agreed to continue service on a month -to - month basis so as not to interrupt service and to allow Staff time to explore options for creating a new contract. When the City's CNG station was no longer operable the hourly rate was reverted to the interim rate. Staff researched neighboring cities and found that the City of El Monte had a similar Transit Program to the City's, as well as a CNG station. Staff determined it would be most time and cost efficient to "piggyback" off El Monte's Request for Proposal (RFP) Process as permitted by Baldwin Park Municipal Code (BPMC 34.23 Section C - Bidding Exemptions for Cooperative Purchases). This section of the Municipal Code allows for cooperative purchases of goods and services. On October 7, 2021, the City of El Monte sent out an RFP for Transit and Paratransit/Dial-A-Ride Operations. See Attachment 3. They received two (2) viable responses, one from Southland Transit Inc, and one from First Transit, Inc. See Attachments 4 & 5. After a thorough evaluation process that is outlined in the RFP, the City of El Monte found that STI scored higher in several categories, including Cost, Work Plan, Qualifications and Experience. The proposed cost structure for El Monte's service varies slightly from the Cost Proposal received from STI for the City, however the rates were determined to be comparable. See Attachment 6. DISCUSSION Public Transit Service Operators all over California are facing financial hardships for many reasons including but not limited to low ridership, increased operational expenses, increased fuel cost, struggles to retain qualified drivers, and lastly due to continue efforts to recover from the industry -wide impacts of the COVID-19 pandemic. Staff is still committed to making the City's Transit System more efficient, sustainable, and most importantly meet the needs of the residents. This will be achieved by revamping and reimagining the current program, which will require more time and effort than originally planned. To sustain the program until such time, staff rigorously negotiated with STI to reach a reasonable hourly Page 2 / 4 rate, set up the agreement with the City of El Monte to use its CNG station, and implementing a slight cut -back on service hours and operations with as little impact as possible to riders. City and STI staff have concluded negotiations for the new contract and has established a proposed Revenue Hourly Rate of $84.40. The proposed rate is largely based on similar operations and services comparable to the rate structure as for the City of El Monte. The contract will allow for 19,976 revenue service hours with efforts being made to ensure operations continue with as minimal impact to commuters as possible. Also, fares will not increase and will remain at $1.00 for regular patrons and $0.50 for senior and disabled patrons. Staff is optimistic that these changes in services hours will also help improve performance and on -time services. The proposed changes include: • Reduction of Pumpkin and Teal Routes during the day. • One Pumpkin and one Teal Line will run on the weekends instead of two. • One Express Line Trolley will run Monday through Friday instead of two. • Dial -a -Ride services will remain the same. • Implements the Schedule of Compensation Rates with City Provided CNG as follows: Description Max Annual Revenue Service Hours Hourly Revenue Rate through Dec. 2024 Fixed Route 11,256 $84.40 Dial -A -Ride 8,720 $84.40 Annual Total 19,976 $1,685,974.40 It is staff's intention that prior to the end of the contract's two-year term, a transit service consultant will evaluate the City's Transit Program through a transit ridership and route efficient study to better enhance the bus services as well as provide framework for a Bus Shelter Advertising Program to increase revenue. The goals are for the program to be more efficient, allow better options for patrons, and increase ridership. The transit services study will be brought back later as a separate item with recommendations for City Council consideration. ALTERNATIVES The City Council may choose not to approve the contract the Transit Services Agreement with STI, however, not doing so may prompt STI to seek further good faith negotiations to eliminate certain services to offset the negative impact on the business of providing transit services. 1. City Council may, at its discretion, direct Staff to solicit RFQ/RFP's and award a new contract agreement based on solicited service proposals; however, there may be an interruption to the current bus services should STI not be able to continue services. 2. The City Council may choose not to approve the CNG Refueling Agreement with the City of El Monte. 3. Provide Staff with alternate directions. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a "project" under CEQA Page 3 / 4 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Transit Service Agreement with Southland Transit, Inc. 2. CNG Refueling Agreement with the City of El Monte 3. City of El Monte Request for Proposals for Transit Services 4. Southland Transit, Inc. Proposal to the City of El Monte 5. First Transit, Inc. Proposal to the City of El Monte 6. Southland Transit, Inc. Cost Proposal to City of Baldwin Park Page 4 / 4 TRANSIT SERVICES AGREEMENT THIS AGREEMENT is made and entered into on this 7Lh day of February 2024 by and between the CITY of Baldwin Park, ("CITY"), and Southland Transit, Inc. ("CONTRACTOR"). WITNESSETH WHEREAS, CITY is authorized by California Constitution Article XI, § 9 to furnish and operate public transportation services, and by Public Utilities Code §99288 to enter into an agreement to provide such services, and CITY desires to exercise such authority, and WHEREAS CONTRACTOR has the required skill, ability, experience and expertise to provide the requested services. In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and CONTRACTOR agree as follows: 1. SCOPE OF SERVICES. This Agreement shall satisfy the requirements of Public Utilities Code §99288, and the rules and regulations adopted by the Secretary of Business, Transportation and Housing Agency, Federal Transit Administration of the United States Department of Transportation, California Department of Transportation, San Joaquin Council of Governments, and any other regulatory agency governing transit operations. CONTRACTOR agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to - month basis but shall not exceed the total compensation. 2. COMPENSATION. CITY shall pay for the services performed by CONTRACTOR pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B „ 3. QUALITY OF SERVICE. The quality of service provided is a primary and essential component of this Agreement. The level of compensation for services is contingent upon CONTRACTOR meeting the performance standards listed in Exhibit "A." Reductions in compensation for services levels not meeting the performance standard are enumerated in Exhibit "A." CONTRACTOR shall not operate, lease, or charter CITY provided equipment used for any purpose other than this Agreement, unless specifically authorized in writing by CITY. 4. TIME FOR PERFORMANCE. Service Providershall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: February 7, 2024 B. Expiration Date: February 7, 2026 C. Upon mutual agreement by the parties, this agreement maybe extended for an additional two (2) one-year terms. 5. AUDIT OR EXAMINATION. CONTRACTOR shall keep all records of funds received from CITY and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 6. STATUS OF CONTRACTOR. CONTRACTOR shall provide all necessary personnel, equipment, and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, CONTRACTOR shall be deemed, for alt purposes, an independent CONTRACTOR and shall have control of alt work and the manner in which it is performed. CONTRACTOR shah be free to contract for similar services to be performed for other entities while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. CONTRACTOR shall be responsible to pay and hold CITY harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. NOT AGREEMENT OF EMPLOYMENT. It is understood and acknowledged that this Agreement is not a contract of employment between CITY and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at all times be, deemed to be an independent CONTRACTOR. CONTRACTOR is not authorized to bind CITY to any contracts or other obligations. CONTRACTOR is not an agent or employee of CITY and shall at no time represent itself to be such agent or employee. Neither CONTRACTOR nor any of its employees or subcontractors shall be entitled to any benefits accorded to CITY employees including but not limited to Workers Compensation, disability insurance, unemployment compensation, life insurance, retirement benefits, vacation, or sick leave. 7. ASSIGNMENT. This Agreement is for the specific services with CONTRACTOR as set forth herein. Any attempt by CONTRACTOR to assign the benefits or burdens of this Agreement without written approval of CITY is prohibited and shall be null and void; except that CONTRACTOR may assign payments due under this Agreement to a financial institution. 8. RIGHT TO UTILIZE OTHERS. CITY reserves the right to utilize others to perform work similar to the Services provided herein. 9. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. CONTRACTOR shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 10. AMERICANS WITH DISABILITIES ACT COMPLIANCE. CONTRACTOR acknowledges that service provided as a result of Agreement may be subject to the Americans with Disabilities Act (ADA). CONTRACTOR agrees to comply with the requirements of the ADA including vehicles and service accessibility to the extent that it is applicable. CONTRACTOR shall ensure that if an ADA passenger is stranded due to a ramp failure or service interruption that the passenger is picked up within 30 minutes in a Road Supervisor vehicle or another vehicle. The vehicle that has ramp failure shall be removed from service and replaced as soon as possible. The ramp must be repaired before the vehicle is returned to service. 11. PREVAILING WAGES. In the event it is determined that CONTRACTOR is required to pay prevailing wages for any work performed under this Agreement, the CONTRACTOR shall pay all penalties and wages as required by applicable law. CITY will not recognize any claims for additional compensation because of the payment of the prevailing wages under this Agreement. The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY. CITY makes no representations or warranties regarding the applicability or inapplicability of any provisions of the California Code, including without limitation, Labor Code sections 1770 et seq. 12. LIABILITY. CONTRACTOR is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred and agreed to in writing by CITY. CITY and its elected and appointed officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnities") shall have no liability to CONTRACTOR or to any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless the Indemnities from and against, any and all third -party liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorneys' fees and disbursement, including without limitation costs and fees of attorneys and/or expert consultants and/or witness and disbursements (collectively "Claims"), which the Indemnities may suffer or incur or to which the Indemnities may become subject by reason of or arising out of any failure by CONTRACTOR to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or omission of the CONTRACTOR, any subcontractor of CONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, occurring as a result of or allegedly caused by the performance or failure to perform by CONTRACTOR of CONTRACTOR service under this Agreement or the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, in performing any of the services under this Contract, except such loss or damage which was caused by the active negligence or willful misconduct of CITY. 13. LIMITS OF INSURANCE NOT LIMITING INDEMNIFICATION. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section. CONTRACTOR's obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. 14. ASSURANCE FOR OBLIGATIONS. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section. CONTRACTOR's obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. 15. INSURANCE. CONTRACTOR shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent CONTRACTORs' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the CITY. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, CONTRACTOR shall provide CITY with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The CITY, and its officials, officers, agents, and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation). (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to CITY, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by CITY or its officials, officers, agents or employees shall be in excess of CONTRACTORs' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to CITY of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against CITY and CITY personnel for losses arising from work performed by CONTRACTOR for CITY, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 16. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of CITY. CITY's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by CONTRACTOR in performance of this Agreement. Such work product shall be transmitted to CITY within ten (10) days after a written request, therefore. CONTRACTOR may retain copies of such products. Any re -use by CITY shall be at the sole risk of CITY and without liability to CONTRACTOR. 17. RECORDS AND INSPECTIONS. CONTRACTOR shall maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. CONTRACTOR shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 18. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 19. CONFLICT OF INTEREST. CONTRACTOR agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and CONTRACTOR shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 20. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. CONTRACTOR may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 21. RIGHT TO TERMINATE. CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 22. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, CITY shall be liable CONTRACTOR up to and including the termination is for cause, in which event to CONTRACTOR only for work performed by date of termination of this Agreement, unless the CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to CITY's receipt of a close-out billing. The insurance and indemnity obligations of this Agreement shall survive termination, as to any claim received relating to the services provided. 23. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply, and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 24. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by CONTRACTOR shall be construed to be both a covenant and a condition. 25. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the CITY and CONTRACTOR. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 26. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 27. DESIGNATED REPRESENTATIVES. The CONTRACTOR Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the CITY. The CITY Representative (B) designated below shall act on the CITY's behalf as Project Manager. (A) Southland Transit Attn: Jason Snow 3650 Rockwell Avenue El Monte, CA 91731 jason@southiandtransit.com (626) 258-1310 (B) CITY of Baldwin Park Attn.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 sgutierrez@baldwinpark.c om (626) 960-4011 ex. 460 24 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery, by mail or email. Notices shall be directed to CITY's Designated Representative identified in Paragraph "2" of this Agreement. written. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above CITY OF BALDWIN PARK By: Emmanuel J. Estrada Mayor Dated: Approved by By: Marco A. Martinez CITY Attorney Dated: CONTRACTOR: Southland Transit, Inc 0 Jason Snow Vice President/COO Dated: TRANSIT SERVICES AGREEMENT Exhibit A- Scope of Services A. Approach Monitoring: CONTRACTOR shall establish adequate monitoring systems, both administratively and in the field, to assure quality service provision. Key Staff: CONTRACTOR shall identify key staff, including a single contact person with whom the CITY will have regular contact on daily operational issues. Said key staff shall be generally available to CITY staff during regular business hours and available to dispatch staff at all times when vehicles are operational. In addition, the CITY will require identification of key management level persons with whom CITY representatives may require periodic contact. B. Service The hours and days of service for Fixed Routes and Dial -A -Ride services are described in the Schedule of Performance Exhibit "C". C. Purchase of Optional Services (Special Trips) In addition to regular operations, CONTRACTOR may, from time to time, upon receiving specific written authorization from CITY, be asked to provide special transportation services using Transit Services vehicles. These special services will be provided when determined by the CITY to be in the public interest, do not interfere with Transit Service's regular operation and are in compliance with applicable federal and state statutes. The CONTRACTOR shall be paid for these services at the variable hourly rate as designated in the Cost Proposal. Such requests can be anticipated of the CONTRACTOR at a minimum of 1 hour per service on an average of 6 events per year. CITY will notify CONTRACTOR of the request within a reasonable time for the CONTRACTOR to prepare. Hours associated with optional services are not included in the annual revenue service hour projection. D. Calculation of Revenue Service Hours CITY shall compensate CONTRACTOR for the management and operation of services for the CITY's Transit Services based on Exhibit B- Schedule of Compensation. The overall definition of a Revenue Service Hour is the actual time when the vehicle is available to the passengers and there is a reasonable expectation of carrying passengers that directly pay fares. Definitions by mode follow: 1. Fixed -route service definition: The time from the beginning of the first published route start -time, through to the end of the last run of the day (published route end times), exclusive of any times when the vehicle is not running due to driver breaks, lunch breaks, fueling time or when otherwise removed from scheduled service. Payment shall not be made for scheduled services that are not provided. The time from the transportation yard to the beginning of the route and from the end of the route back to the transportation yard shall not be included in the Revenue Service Hour. Fueling time is never considered a Revenue Service Hour. 2. Demand response definition: The time from when a vehicle makes its first pick-up through the time of its last drop-off, excluding driver breaks and lunch breaks, fueling time and downtime for road calls. Driver time to and from breaks, as well as lunch breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but rather "dead head" miles if bus refuels mid -day. E. Adjustments to Services It is expected that Transit Services will be periodically adjusted, as determined by the CITY at its sole discretion, and in consultation with the CONTRACTOR. Modifications may include, but are not limited to, adding, or deleting bus stops, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing service hours by up to 10% in either direction without changing the revenue service hour rate. This increase or decrease shall be considered from a base figure of 19,976 annual revenue hours. Any such modifications in the number of service hours within the 10% levels established in this Scope of Work shall not require a modification of the revenue service hour rate provided in the "Schedule of Compensation" attached hereto and incorporated into this Agreement as "Exhibit B". Such modifications of an increase or decrease within the 10% level shall be agreed upon and provided for in writing. Any other change by the CITY in the Scope of Work that results in a modification to the number of service hours beyond the prescribed 10% levels shall permit the CONTRACTOR to renegotiate an increase in service rates. CONTRACTOR shall supply CITY with documentation of changes in costs resulting from the modification of the number of service hours or change in the Scope of Work. For the purpose of this section, any changes to revenue service hour levels that result from modifications are deemed effective at the time that modifications are made. The CITY will notify the CONTRACTOR a minimum of thirty (30) days in advance of any major service changes. However, minor service changes may be made in a shorter timeframe with the mutual agreement of the CITY and the CONTRACTOR. F. Resources and Facilities The CONTRACTOR shall provide adequate resources to perform the work as described, providing the CITY with a quality service that is responsive to customers. CONTRACTOR facilities shall be located such that the CONTRACTOR can meet the requirement of bring a back-up vehicle into service within fifteen (15) minutes. This means that the back-up vehicle shall leave the CONTRACTOR facilities within fifteen (15) minutes of notification of the in-service problem. This standard shall apply to both fixed -route and demand service modes. G. Equipment - Vehicles The CITY shall provide the CONTRACTOR with the Transit Service vehicles that meet the Federal Transit Administration's (FTA) service -life standard. The CITY shall provide vehicle licenses and registration. These vehicles shall be used only for the Transit Services, unless otherwise authorized by the CITY. The CITY and CONTRACTOR recognizes that during the term of this Contract, engines, transmissions, differential and/or HVAC units of CITY -Owned Vehicles, that are no longer under warranty, may have to be rebuilt or replaced. If the CONTRACTOR determines that an engine, transmission, differential and/or HVAC unit requires rebuilding or replacement, the CONTRACTOR shall notify the CITY immediately after making such determination and, subsequently, in writing, detailing the reason for such a determination. The CONTRACTOR will proceed with work upon receiving written authorization from the CITY. If the CONTRACTOR's maintenance personnel perform the work, only the cost of the parts, as approved by the CITY, will be reimbursed by the CITY. All labor costs associated with the removal, replacement, or installation of engines, transmissions, and differential units, including associated replacement of attachment devices, gaskets, seals, etc., are the responsibility of the CONTRACTOR and are not eligible for reimbursement. If the CITY authorizes the replacement of engines, transmissions, and/or differential units to CITY Service Vehicles be performed by an independent outside CONTRACTOR, the CITY will pay for all parts and labor costs associated with this work. H. Fuel The CITY is responsible for all fueling costs for assigned CNG vehicles. A CNG fueling station is available to the CONTRACTOR at the 14747 Ramona Blvd (Los Angeles County Public Works Maintenance Yard). As an alternative, the CONTRACTOR may fuel at the CITY of El Monte's CNG fueling station at 3629 Cypress Ave. in the CITY of El Monte. CONTRACTOR will be provided access to these fueling facilities either immediately before or after the times that revenue services are scheduled, in order to permit its drivers to fuel revenue vehicles in a timely and efficient manner. Contactor will be responsible for all gasoline fuel costs. The CONTRACTOR's responsibility for gasoline costs presumes that all Fixed Route vehicles will utilize CNG fuel. I. Other Equipment 1. Radios Transit — The CONTRACTOR will be responsible for providing their own radios on an "as needed" basis. The CONTRACTOR shall be responsible for proper maintenance, licensing and replacement when required of said equipment and shall comply with all applicable federal statutes and regulations in connection with such use. 2. Phone Number and TDD. The CONTRACTOR shall provide a reservation phone number and Telecommunication Device for the Deaf (TDD). The CONTRACTOR shall be responsible for the installation, maintenance, and proper performance of the equipment. The CONTRACTOR shall also maintain additional telephone lines, as well a general administrative line. The CONTRACTOR shall bear all costs associated with transferring this customer service number to the CONTRACTOR's facility. The CONTRACTOR shall supply at least five (5) dedicated incoming reservation lines in rotary or digital for Transit Services. The telephone system must be capable of handling 20-30 calls during the peak hours. The CONTRACTOR shall bear all applicable charges associated with maintaining and operating the reservation phone lines and equipment. Upon termination of the contract the CITY reserves all right to the continued use of Transit Services reservation phone numbers. The CONTRACTOR shall specify the telephone number, other than the customer service number, by which to facilitate communication between the CONTRACTOR Project Manager and the CITY. The CONTRACTOR shall maintain a facsimile machine, at the dispatch center, for communication with the CITY. The CONTRACTOR shall also have e-mail capability. 3. Computer -Assisted Dispatching Software — The CONTRACTOR shall utilize computer -assisted software to facilitate the smooth operation of demand response services. The CONTRACTOR will be responsible for making key staff persons available for the required number of training hours and/or days and for the subsequent implementation and ongoing use of the software package. J. Personnel The CONTRACTOR shall be solely responsible for the provision and satisfactory work performance of all employees. The CITY shall have the right to demand removal from the project, for a reasonable cause, any personnel furnished by the CONTRACTOR, throughout the term of this agreement. 1. Converge of Dispatch Office: Personnel with dispatch capabilities shall staff the CONTRACTOR's office during revenue service hours, all times when vehicles are in revenue service. Telephone service shall be provided at CONTRACTOR's expense. This shall include special service periods, such as later evening service and holiday service when revenue services are being provided. 2. Project Manager: The named project manager shall be available to CITY staff during regular business hours. The project manager shall not be replaced without naming a replacement acceptable to the CITY and, to the extent possible, ensuring sufficient lead- time/ training time to minimize any gap in on -site management. 3. Driver Qualifications: The CONTRACTOR shall furnish drivers who are at all times: Legally licensed to operate a bus in the State of California with a valid California Class B or Class C driver's license as applicable to assigned vehicles and medical examination certificate, as well as any other licenses required by applicable Federal, State or local regulations. 4. Testing and Driving Records: To the extensive legally permissible, CONTRACTOR shall provide a program for drug testing of drivers and other personnel in a form reasonably acceptable to the CITY. CONTRACTOR shall have in place pre -employment and random testing procedures in full compliance with Federal drug -testing law (40 USC, Section 702, Drug- Free Workplace Act, 1988; 40 CFR, Part 29.600-29.635, Subpart F. Drug -Free Workplace). The CONTRACTOR shall submit to the CITY semi-annually updated listings of drivers employed to provide service to the Transit Services operations. In no event shall the CONTRACTOR employ any person as a driver who possesses a driving record with a citation for driving under the influence or a history of motor vehicle moving violation or accidents. 5. Training: All drivers shall receive initial and ongoing training in, at minimum: • defensive driving • passenger assistance techniques, including operation of lift -equipment. • Los Angeles County's Fixed -Route Service Standards Related to Persons with Disabilities and Complementary Paratransit Service Standards Related to Persons with Disabilities • general vehicle handling and safety • passenger relations "New Hire" training shall be no less than the minimum required by law and shall include both classroom and behind -the -wheel training. Drivers are required to receive at least 50% of their defensive driver training and the "hands on" portion of the sensitivity training prior to providing service in this program. All remaining new —hire driver training must be completed no more than thirty (30) days after any given driver begins providing service. "Refresher" training is required for all drivers on an annual basis and may be addressed through routine safety meetings. Monthly safety meetings shall be conducted for all staff associated within this contract to advise them of changes in procedure and to reinforce practices related to provision of quality service. The CONTRACTOR shall maintain records of new -hire training completion and safety meeting attendance. 6. Driver Wage Levels: The CONTRACTOR shall develop driver wages that meet requirements established by local, state or federal law. 7. Driver Responsibilities: In addition to their routine driving responsibilities, drivers will, when requested by the CITY, hand out notices to passengers or otherwise render assistance in CITY's monitoring and marketing activities. Drivers are required to collect fares, tokens, and honor special passes, accept and distribute transfers. CITY may occasionally require driver cooperation and assistance with on -board passenger surveys, bus stop alighting counts, or similar data collection processes during the course of the regular service day. 8. Maintenance Manager. The CONTRACTOR shall provide the services of a qualified maintenance manager. This individual may be the lead mechanic. The Maintenance Manager shall have a minimum of three years journeyman level experience, including experience working on transit -type vehicles and experience in directing the work of other maintenance personnel. K. Fares 1. Passenger Fares: Passenger fares will be collected from every person boarding the vehicle, with the exception that children age 2 and younger are free when accompanied by a fare paying adult. Some exceptions in fare payment may be extended by CITY policy. The CITY reserves the right to adjust passenger fares at any time. Fares received by the operator shall be enumerated daily by mode (demand response vs. fixed route) and ideally by route. The CONTRACTOR shall be responsible for tracking varying fare programs (i.e. Easy- pass program, TAP, Disabled persons, senior discount fares, etc.) 2. Fare Collection and Reporting: CONTRACTOR personnel shall be responsible daily for counting fare box revenue. Fares shall be credited to the CITY in the monthly invoice, reported at minimum by mode of service. CITY reserves the right to audit passenger fares and fare collection procedures at any time, at its sole discretion. L. Maintenance 1. Vehicle Maintenance: All vehicles used in service to the CITY shall be maintained in safe, comfortable and clean working order. CONTRACTOR at its sole cost and expense, shall provide all repairs, parts, lubricants and supplies required for operation of buses, except as otherwise provided for in this Scope of Work CONTRACTOR shall ensure that adequate preventive maintenance is in place at reasonable intervals to forestall the need for major repairs. CONTRACTOR shall have the facilities and personnel to provide all routine repairs, although sub -contracts for bodywork or selected major repairs are acceptable. Maintenance records must be maintained and kept current and submitted monthly with CONTRACTOR invoice package. All vehicle repair or maintenance work must be performed or approved by a certified vehicle mechanic. CONTRACTOR personnel must have the ability to repair or to procure service for accessory equipment such as, but not limited to, fare boxes, radios and lift equipment. 2. CHP Terminal Yard Inspections. The CONTRACTOR shall obtain satisfactory ratings from the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal inspection and certification process, pursuant to the California Vehicle Code (Section 34501 (c) and (e). The CONTRACTOR shall provide the CITY with a copy of the inspection certification and documentation of the repair or replacement of any items so cited within thirty (30) days of receipt from California Highway Patrol. The CONTRACTOR shall notify the CITY within twenty-four (24) hours of an "unsatisfactory" rating. In the event of such a rating, the CONTRACTOR is required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) days and to be responsible for scheduling a repeat inspection with the California Highway Patrol. 3. Safety Inspections: The CONTRACTOR shall perform daily safety inspections of vehicles prior to beginning each day's service. Vehicles failing the daily inspection shall not be used in service until the reason for failure is corrected. The CITY reserves the right to ensure that vehicles are properly maintained and in safe operating condition at all times. For passenger comfort, the heating and air conditioning units of all vehicles must be kept in proper working order. The CITY may inspect vehicles at any reasonable time and may bar a vehicle from a service until any identified problem is corrected. The CONTRACTOR may be required, at CONTRACTOR's expense, to transport the vehicles to CITY's designated inspection facilities. CONTRACTOR and CITY will meet and agree at such time to determine if a replacement vehicle is needed and the rate of compensation. 4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out. Vehicle interiors shall be cleaned prior to each day of service, including daily sweeping and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, seats, handrails and stanchions, and inside windows shall be required. Interior of vehicles shall be cleaned sufficiently that they are odor -free, as determined by CITY in its sole discretion. A biological hazard clean-up kits will be available on each bus for incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed at least once weekly or more often if needed. CONTRACTOR shall maintain an up-to-date record of all washings and major cleanings. Said record shall be made available to CITY upon request. Vehicles may be removed from service upon request by CITY for unacceptable interior or exterior appearance or unacceptable odor. 5. Graffiti: Graffiti shall be removed from vehicles daily. 6. Physical Damage: All physical damage to vehicles shall be repaired within ten (10) working days of occurrence in a high -quality manner, regardless of cause. Any extension of days required for repair must be authorized by the CITY. 7. Security: CONTRACTOR shall provide for sufficient security at the CONTRACTOR's yard in order to ensure adequate protection of the vehicles in use for this service. M. Americans with Disabilities Act 1. The CONTRACTOR shall assist the CITY in fully complying with elements of the Americans with Disabilities Act of 1990 as it relates to operation of the fixed -route service. 2. Customer comments/complaints received by the CITY shall be transmitted to the CONTRACTOR for responses, within twenty-four (24) hours. Complaints received directly by the CONTRACTOR shall be similarly documented. A monthly report shall be transmitted to the CITY for review within 10 days of the month end. If the CITY receives two or more verifiable customer complaints on the same driver within one quarter, the CITY reserves the right to request that the driver be removed from this program. N. Accident, Incident and Emergency Procedures 1. Accidents or Incidents the CITY requires the CONTRACTOR to have an accident/incident and emergency notification program that keeps the CITY notified of accidents/incidents or emergencies and the progress of claims to assure the CITY that claims are promptly and fairly handled. All accidents must be reported to the CITY by telephone within three hours or at the beginning of the next business day, if the accident occurs at night, and in writing within 24 hours. Service -related incident reports filed by drivers must be provided to the CITY on, at minimum, a once weekly basis. The CONTRACTOR must assume all liability for accidents and worker compensation claims, etc. 2. Emergencies The CONTRACTOR shall comply with all local, state and federal disaster preparedness and emergency preparedness and response standards, procedures and protocols, including, but not limited to, those which may be established by the State Office of Emergency Services (OES) and the Federal Emergency Management Administration (FEMA). The CONTRACTOR shall be familiar with the Incident Command System (ICS), and, if requested by the CITY, and at no additional cost to the CITY, the CONTRACTOR shall cooperate with, and participate in, any disaster/emergency response exercise scheduled by the CITY. Any request for the CONTRACTOR to participate in such an exercise shall be made in writing at least thirty (30) days prior to the scheduled date of the exercise. In the event of an emergency or natural disaster, the CONTRACTOR shall make available, to the maximum extent possible, transportation and communications services and facilities to assist the CITY in ameliorating such incidents. To the extent the CITY requires the CONTRACTOR to provide such emergency services and facilities the CONTRACTOR shall be relieved of the obligation to fulfill the duties and responsibilities to operate services herein above contained. Further, the CONTRACTOR shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by the CONTRACTOR and the CITY following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. Training of personnel in emergency procedures shall be the sole responsibility of the CONTRACTOR and shall be included in the new hire and monthly safety meeting training program. O. Invoicing (Payment by CITY) The CONTRACTOR shall submit a detailed invoice to the CITY on a monthly basis. The CITY will pay the CONTRACTOR within fifteen (15) working days from the date of submission, contingent upon receipt of a Monthly Operations Summary containing passenger, other requested operating statistics, summary of fares collected, and the corresponding fares credit to the CITY. Payment may be delayed by the CONTRACTOR's untimely submittal of the monthly reporting summaries with the monthly invoice. The CITY may, at any time, conduct an audit of any and/or all records kept by the CONTRACTOR related to this service. P. Records and Reports The CITY will work closely with the CONTRACTOR in monitoring use patterns of service and the viability of the schedules. Changes to the routing and/or scheduling, as it relates to improving the quality of local services and potentially connecting with regional transportation services, may be anticipated and will require the cooperative efforts of the CONTRACTOR and the CITY. Monthly reporting will be required of the CONTRACTOR in a format that will comply with NTD Reporting. Routine reporting requirements over the term of the contract will include but may not be limited to the data items detailed below. The CITY reserves the right to request modifications or additions to CONTRACTOR's reporting format and content. Monthly reporting by service type and route to the CITY shall include, at a minimum, but not limited to: • Total Passengers —number of riders (noting fare type, free boardings and transfers for in—service vehicles, system wide and by route.) • Passenger Boarding on the Lift — system wide and by route. • Total Vehicle revenue Hours — number of hours vehicles are in revenue operation, system wide and by route. • Total Vehicle Hours — including deadhead, system wide and by route. • Total Vehicle Revenue Miles — number of miles vehicles travel in revenue service, system wide and by route. • Total Vehicle Miles Report — detailing revenue service and deadhead mileage (to include training, maintenance, or other mileage), system wide and by route or service type. • Total Revenues Collected — total cash fares collected from passengers and total non -cash fares recorded, system wide and by route. • Total transfers issued for Fixed -Route — by fixed -route mode only. • Total Transfers received for Fixed -Route — by fixed -route mode only. • Total Accidents and Road Calls — All types. • Passenger Use of Bike Racks —Fixed route, system wide, and by route. • Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. • No -Shows, Cancellations and Trips Completed - Demand response service and by mode. • On -Time Performance — sample from each route of at least five time checks per route per reporting period, reporting percentage of time vehicles are at time points zero minutes early and up to five minutes late of time points checked. • Missed Service Hours — hours or fractions thereof of scheduled service not provided. • Accurate hours worked per month for all employees for computation of FTEs. At CITY's request, bus stop counts of passenger on -off counts by stop will be collected by the driver or other staff, as mutually agreed to by CITY and CONTRACTOR. CONTRACTOR personnel are also expected to report missing bus stop signs, damaged or graffiti bus stops or bus stop shelters observed during the course of normal transit operations. CONTRACTOR personnel are asked to report accidents or suspicious activity observed during the course of normal transit operations. CONTRACTOR records shall be stored for no less than five (5) years after end of contract term or termination, final payment in a safe and secure place. Q. Minimum Service Standards The following represents Transit Services minimum services standards. These may be periodically adjusted during the course of the contract, with input from CONTRACTOR. It is the goal of CITY to maximize productivity while maintaining a high level of customer service. Based on the previous performance history these standards are achievable and represent the reasonable expectation of the CITY and transit riders. Baldwin Park Area Transit Service Standards MEASURE I STANDARD Demand Response Service A. On -Time - pick up within 40-minute window of call, based >_ 90% on dispatch estimate .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. B. Average Wait -Time (elapsed 40 min. time between an 40 minutes immediate service request and passenger pick-up) .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. C. Average Service Time (wait -time plus ride time although _< 60 minutes may be longer for service to/from outlying areas) .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. D. CITY DAR Productivity (passengers per hour) >_ 2.5 pass. per hour Fixed -Route Services A. On -Time Performance (zero minutes early and up to five 95% minutes after the scheduled arrival time) ...........................................................................................-....................... .................... -......................................... ................ ....................................................................... .............. .......................................... .................................................. B. Scheduled Hours of Operation (completion of scheduled 99.5% service hours) Overall System A. Customer Complaints (verifiable complaints, 3 monthly not 3 monthly including questions or comments .....-........................ ................. ........................ ................. ...................................................................... .................... ............................... -............................................................................... .................. ......................................................................................... B. Average Time Hold (Reservation Line) 60 seconds R. Performance Standards and Liquidated Damages The CONTRACTOR shall always strive to provide a service in a manner that will maximize service reliability and at the same time maximize customer service. This includes maintaining a high trip completion level and operating within the specified arrival and departure times. To encourage this, a liquidated damage clause will be included in executed Agreement and may be instituted by the CITY with written notice to be provided to the CONTRACTOR in advance of implementing liquidated damage clauses. The anticipated language follows: Anticipated Contract Language Related to Performance Standards: CONTRACTOR shall provide timely and reliable transit service. This includes maintaining high trip completion levels and operating within the specified arrival and departure times. To encourage this, the liquidated damage described below may be instituted by CITY. Implementation of liquidated damage clauses may be further delayed at the sole discretion of CITY and may not be initiated during the first twelve (12) months of operation, at any time during the term of this Agreement, again at the sole discretion of CITY. Determination of liquidated damage shall be made utilizing sampling methods mutually agreed to by CITY and CONTRACTOR. The following liquidated damage clauses shall apply: Completion of scheduled service hours at 99.5% is the minimum level of acceptability. The CONTRACTOR shall pay to the CITY as liquidated damages the amount of Two Hundred Fifty Dollars ($250) for each separate day of service not meeting that level, with a maximum of $1,000 monthly. 2. On -time performance of 95% of sampled runs per month is the minimum level of acceptability. The CONTRACTOR shall be assessed by the CITY the amount of Two Hundred and Fifty Dollars ($250) per month if sampled trips reflect on time performance below 90%. 3. Liquidated damages —Customer complaints that are verified to have a basis in fact, arise from CONTRACTOR's performance, received by the CITY within 48 hours of the incident, and meet or exceed a rate of three (3) during any calendar month may result in a liquidated damages assessment of Two Hundred and Fifty Dollars ($250) for that month. 4. The parties hereto acknowledge and agree that the actual damages which would be suffered by the CITY in the event CONTRACTOR acts or fails to act in the manner set forth would result in substantial damages to the CITY but the amount of such damages would be difficult, if not impossible, to ascertain due to the nature of this Agreement and the nature of such damages. Accordingly, the parties, pursuant to applicable law, have determined to establish the provision of this Section as and for CITY's damages for such acts or failures to act, and not as a penalty, and further agree that such damages are reasonable. Each of the parties hereto specifically acknowledges agreement to the reasonableness thereof under the circumstances. CITY shall be entitled to take such other legal remedies as may be appropriate for such acts or failures to act, including but not limited to termination of this Agreement. Related to measurement of performance, the CONTRACTOR and the CITY shall develop a mutually agreeable method for sampling on -time performance; it is anticipated that the CONTRACTOR shall be responsible for trip sampling presented in its monthly report and that CITY shall undertake its own on -time performance checks. S. Ongoing Planning and Marketing The CONTRACTOR shall participate with the CITY in the design and implementation of any reasonable changes in the system's operating characteristics. Also, recognizing the CONTRACTOR's expertise, the CONTRACTOR shall advise the CITY of any observations that suggest modifications to the service may be warranted — in such areas as routing, scheduling, marketing and so forth — for purposes of improving the transit service. Implementing the CONTRACTOR's suggestions shall be at CITY discretion. CITY shall be responsible for the design, printing, and procurement of all schedules, passes, tickets and like materials required by service operations. CONTRACTOR shall assist with distribution and dissemination of such materials in accordance with the provision of this Scope of Work and under directions subsequently provided by the CITY. CITY is exploring electronic fare media and may, during the term of this agreement, elect to install electronic fare payment equipment, at CITY's expense. T. Insurance The CONTRACTOR, simultaneously with the execution of the Contract, will be required to furnish certificates evidencing that the required worker's compensation and liability insurance is in effect. Evidence of California Worker's Compensation Insurance with Statutory Coverage and Employer's Liability limits shall meet all State minimum requirements. A waiver of Subrogation Endorsement in the CITY's favor shall also be required from the CONTRACTOR's insurer. Insurance levels to be detailed in the Agreement are as follows and shall represent the minimum insurance requirements to be in force at all times during the execution of revenue service as described herein. Certificates of Insurance, dully executed, shall be provided to the CITY before work commences. Prescribed insurance levels are: Workers' Compensation • Statutory California workers' compensation coverage; • Employer's liability with minimum limits of $1 million per accident and $1 million per disease, each employee and policy limit; • An original endorsement stating the CITY shall receive at least thirty (30) days' notice prior to cancellation or non -renewal of coverage. Liability Insurance • General liability insurance (or equivalent form) Blanket contractual liability coverage Broad form property damage liability coverage Personal injury liability coverage Products and completed operations liability coverage • Automobile liability insurance (or equivalent form) Coverage for owned, non -owned and hired vehicles Blanket contractual liability coverage The liability coverage shall not be less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the CONTRACTOR's operations within the CITY of Baldwin Park and Los Angeles County or the general aggregate limit shall be twice the required occurrence limit. The CITY, its officials, agents, and employees shall be named as additional insureds and various requirements in the contract regarding endorsement of the CITY shall be complied with, including the provision to the CITY of a Certificates of Insurance and additional insureds endorsements of the type and amounts specified, provided to the CITY prior to the start of the fixed -route service. The CITY shall ask to review the liability insurance policy of the successful Proposer to further ensure that its requirements are addressed. Insurance offered to meet CITY requirements from this project must be maintained with firms licensed in California and recognized by the State with current A.M. Best's rating of no less than "A." U. Receipt of New Vehicles and at Contract End The CONTRACTOR shall acknowledge receipt of the vehicles and equipment, as well as vehicles subsequently added to the fleet, and that said items have been received in good condition and working order. The CITY will inspect the vehicles prior to award of contract and periodically during the contract term. When new vehicles are received by CITY, CONTRACTOR shall assist CITY and may, if directed, act as agent of CITY in new vehicle inspections, prior to approving vehicles for placement into service. Upon termination of the contract, the CONTRACTOR shall return all CITY or County owned equipment, with no deferred maintenance or damage, less reasonable wear and tear. The CONTRACTOR shall, at its sole expense, repair or replace any CITY or County owned equipment which may be damaged or lost by reason of collision, negligence, abuse, vandalism, or other like cause. The CONTRACTOR shall bear the cost of any identified repairs which have not been completed prior to the end of the contract period. Said costs shall be deducted from the CONTRACTOR's final payment. However, in no event shall the CONTRACTOR's liability exceed actual cash value of vehicle(s) and equipment so damaged. If and when the CITY determines that it will replace an existing transit vehicle(s), CONTRACTOR shall meet with the CITY to determine what reduction in compensation if any will be credited to the CITY in recognition of reduced maintenance costs typically associated with newer vehicles. TRANSIT SERVICES AGREEMENT Exhibit B- Schedule of Compensation Type of Service Annual Revenue Service Hours First Year Revenue Service Hourly Rate Fixed Route 11,256 $84.40 Dial -a -Ride 8,720 $84.40 Total Hours 19,976 $1,685,974.40 The revenue service hour rates shown above are retroactively applied as of December 1, 2023, and remain in effect through December 31, 2024. Revenue service hour rates will be adjusted based on Consumer Price Index (CPI) for all urban consumers in Los Angeles -Riverside -Orange County on January 1, 2025. This increase will be at a minimum of three (3) percent and maximum of five (5) percent. TRANSIT SERVICES AGREEMENT Exhibit C- Schedule of Performance 1. Description of Service Modes: A. Fixed Route Services: The Fixed -Route service consists of four (4) buses and two (2) trolleys. It includes one route called the "Teal Line" and buses run in a clockwise manner through the city. The other route is called the "Pumpkin Line" with buses running counterclockwise to the Teal Line. The trolleys run on North and South bound routes that provide "Express Service" between Baldwin Park's Metrolink Station and the CITY's south business district. B. Demand Service (Dial-A-Ride):The Dial -A -Ride service if an ADA accessible program serving riders within the limits of the City of Baldwin Park. This service is intended to provide transportation for senior citizens aged 60 and over as well as persons with disabilities, by group load or Individual service. Currently there is a 40- minute response time allowance with the average response being approximately 20 minutes. Door-to-door service is provided. Trip requests are made in advance or on the day the individual wishes to travel. Advanced reservations (taken up to two weeks in advance) and subscription/standing order trips account for less than 10% of the ridership. Services are predominantly next -day or same -day reservations. Riders typically request service at the time they are ready for transport. Priority is given to ID patrons with medical and rehabilitation appointments. Regular patrons are encouraged to apply for and obtain a City issued Dial -A -Ride card so that it may be shown to the driver when the individual's disabling condition is not immediately apparent 2. Hours and Days of Operation • Fixed -route service will be provided on the designated routes during the week, approximately 249 weekdays per year and 107 weekends and holidays per year, depending upon when certain holidays fall. Vehicles are expected to be in revenue service according to the City's published timetables. • Demand response (Dial -A -Ride) services will operate between the hours of 7 AM and 6 PM on Weekdays, and between the hours of 8 AM and 3 PM on weekends and holidays. 3. When there is a possibility of the same holiday being celebrated on more than one date, City shall set the date. The Holidays observed are: • New Year's Day • Presidents Day • Martin Luther King's Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Christmas Eve Christmas Day 4. Revenue Service Hours — For the purposes of this agreement, annual revenue service hours are projected to be 19,976. Contract No. 24TO1002 2024 CNG REFUELING AGREEMENT (Engagement: Refueling Station Location: Cypress Avenue Fueling Center — 3629 Cypress Avenue, El Monte, CA) (Parties: City of Baldwin Park and City of El Monte) THIS CNG REFUELING AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF EL MONTE, a municipal corporation (hereinafter, "CITY") and the CITY OF BALDWIN PARK (hereinafter, "PURCHASER"). For the purposes of this Agreement, CITY and PURCHASER may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or PURCHASER interchangeably, as appropriate. RECITALS WHEREAS, CITY owns and operates a compressed gas natural ("CNG") refueling center located at 3629 Cypress Avenue, in the City of El Monte ("Refueling Station"); and WHEREAS, on February 21, 2023, the City of El Monte City Council approved Resolution No. 10426, enabling the Public Works Director to execute agreements for the sale of CNG to private entities, municipalities, and other public agencies; and WHEREAS, Resolution No. 10426 gives the Public Works Director the discretion, as part of negotiating and executing said agreements, to formulate and adjust fueling schedules and adjust CNG fuel rates, provided that any such adjustment does not amount to the gifting of public resources; and WHEREAS, Resolution No. 10426 further enables the Public Works Director to delegate the above -described authority to the Transportation Operations Manager, said delegation to be in writing, specifying the scope and duration of such delegation; and WHEREAS, CITY seeks to make its CNG available to interested purchasers to promote the use of clean burning fuel vehicles; and WHEREAS, PURCHASER desires to purchase CNG from CITY's Refueling Station on an on -going basis. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and PURCHASER agree as follows: Contract No. 24TO1002 1. ENGAGEMENT TERMS 1. TERM: This Agreement shall have a term of one (1) year commencing as of the date that the Agreement was executed by all the Parties hereto (hereinafter, the "Initial Term"). The Agreement may be extended by CITY subject to its same terms and conditions for one (1) extension term of one (1) year, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the Initial Term. 2. SCOPE OF SERVICES: A. CITY will allow PURCHASER to refuel its compressed natural gas vehicles at the Refueling Station during those days and hours indicated in the Refueling Schedule, which is attached hereto and incorporated herein as Exhibit "A". B. Each fuel dispenser at the Refueling Station shall have a corresponding logbook for recording the refueling of PURCHASER's vehicles. PURCHASER's vehicle operators shall record the quantity for each compressed natural gas purchase in the logbook as well as such other information as may be required to complete the log entry. C. PURCHASER acknowledges, understands, and agrees that CITY's provision of compressed natural gas shall be subject to its availability and with priority of use in favor of the CITY's own vehicle fleet. By execution of this Agreement, CITY does not guarantee any minimum allocation of compressed natural gas to PURCHASER, nor shall CITY be required to pay any additional costs incurred by PURCHASER in procuring compressed natural gas from an alternative source in the event CITY is unable to provide compressed natural gas to PURCHASER in the quantities desired by PURCHASER. D. This Agreement is non-exclusive, and CITY reserves the right to enter into similar agreements for the purchase of compressed natural gas with other persons or entities. E. Those vehicles of PURCHASER, a list of which is to be supplied and included as part of Exhibit "A", are authorized to refuel at the Refueling Station and shall indicate the following information on the inside door of the vehicle: the vehicle's fueling capacity and p.s.i. ("Pounds Per Square Inch") rating, which shall be either 3000 p.s.i. or 3600 p.s.i. F. It shall be PURCHASER's responsibility to determine whether the type of fuel provided by CITY at the fueling station is suitable for PURCHASER's vehicles and whether CITY's fuel dispensing equipment is compatible with PURCHASER's vehicles. CITY shall not be liable or otherwise responsible for any damages caused to PURCHASER's vehicles by the fuel it provides, nor shall CITY be liable or otherwise responsible to the extent any damage s Contract No. 24TO1002 to PURCHASER's vehicles is attributable to the incompatibilities between PURCHASER's vehicles and CITY's fuel dispensing equipment. Upon request, CITY shall provide PURCHASER with basic information about the type of fuel supplied and the general specifications of CITY's fuel dispensing equipment. 3. COMPENSATION: A. CITY agrees to sell compressed natural gas dispensed to PURCHASER at CITY's Refueling Station at an initial rate of Two Dollars and Ninety -Nine Cents ($2.99) per gasoline gallon equivalent (hereinafter, the "Fuel Rate"). Following the end of each month CITY shall issue an invoice detailing the quantity of compressed natural gas dispensed to PURCHASER during the month in gasoline gallon equivalents along with the sums owed for such consumption. PURCHASER shall pay all sums due under the invoice within thirty (30) days from the date of the invoice. B. CITY, in its sole and absolute discretion, reserves the right (but does not assume the obligation) to adjust the Fuel Rate from time to time to reflect increases or decreases in the cost to CITY of acquiring compressed natural gas and operating the Refueling Station. CITY shall use its best efforts to provide Purchaser with prior written notice of any anticipated adjustments to the Fuel Rate but the failure of CITY to provide such notice shall not operate to prohibit the implementation of any such adjustment by CITY. 4. INSURANCE: A. Commercial General Liability Insurance: PURCHASER will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability. B. Automobile Liability Insurance: PURCHASER will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage. C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both PURCHASER and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contract No. 24T01002 PURCHASER in the course of carrying out the Work contemplated in this Agreement. D. REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/Employer's Liability Insurance, CITY is authorized to lower ratings than those set forth in this Section. E. PRIMACY OF PURCHASER'S INSURANCE: All policies of insurance provided by PURCHASER will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of PURCHASER's insurance and will not contribute with it. F. WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit PURCHASER from waiving the right of subrogation prior to a loss. PURCHASER hereby waives all rights of subrogation against CITY. 5. INDEMNIFICATION: The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. PURCHASER acknowledges that CITY would not enter into this Agreement in the absence of PURCHASER's commitment to indemnify, defend and protect CITY as set forth herein. 6. TERMINATION FOR CONVENIENCE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. 7. DEFAULT; SUSPENSION: In the event either Party fails to perform, or adhere to, any applicable duty, obligation set forth under this Agreement (or fails to perform or adhere to any such duty or obligation at the time, place or in the manner set forth under this Agreement) an event of default (hereinafter, "Event of Default") shall have occurred. Except as otherwise provided under this Agreement, if an 4 Contract No. 24TO1002 Event of Default remains uncured by the defaulting Party for a period in excess of fourteen (14) calendar days from the date upon which the non -defaulting Party issues written notice of default (hereinafter, a "Default Notice") to the defaulting Party, then the default shall constitute a breach of this Agreement. If a Party is in breach of this Agreement, the non -breaching Party may pursue any and all remedies available to it at law or in equity. An Event of Default relating to the Purchaser's failure to timely pay any sums due pursuant to Section 3, above, shall constitute a breach of this Agreement if not paid within the 30-day payment period provided under Section 3, above. If PURCHASER is in breach of this Agreement or if PURCHASER has caused an Event of Default which in the reasonable judgment of CITY threatens injury or death to persons or property, CITY may immediately suspend PURCHASER's authorization to refuel its vehicles at the Refueling Station. CITY's authority to suspend PURCHASER's fueling privileges under this Section shall be in addition to any other remedies available to CITY under this Agreement or at law or in equity. 8. NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose: PURCHASER: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: Enrique C. Zaldivar, City Manager CITY: City of El Monte Transportation Services Division 3990 Arden Drive El Monte, CA 91731-2798 Attn: Sarah Zadok Phone: (626) 580-2217 Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepared and addressed to the Party at its applicable address. 9. GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California. 10. ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action. 11. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the 5 Contract No. 24T01002 successors and assigns of the Parties. 12. NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties. 13. CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys. 14. SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. 15. AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid. 16. ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and PURCHASER prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 15, above. 17. COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 15, above. One fully executed original counterpart will be delivered to PURCHASER and the remaining two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE) Contract No. 24T01002 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY: CITY OF EL MONTE Public Works Director or Transportation Operations Manager Date: in Richard Padilla Assistant City Attorney Date: PURCHASER: CITY OF BALDWIN PARK EM Name: Enrique C. Zaldivar Title: Chief Executive Officer Date: Contract No. 24TO1002 EXHIBIT "A" REFUELING SCHEDULE The below noted compressed natural gas (CNG) vehicles shall be fueled at El Monte's Refueling Center located at 3629 Cypress Avenue, El Monte, CA, at the below mutually agreed upon times: Monday through Friday: 8:00 a.m. — 7:00 p.m. Saturday: 10:00 a.m. — 7:00 p.m. El Monte will provide the City of Baldwin Park's management staff a gate clicker to allow access into the City's CNG Refueling Station. We understand that fueling emergencies may arise and fueling time adjustments may need to be made, but agencies are to contact the Transportation Services Division office at (626) 580-2217 for authorization prior to bringing a vehicle to the station outside of above -referenced days and times. If you are unable to speak with a City employee before or after regular office hours, please contact James Gonzalez at (909) 443-9208. VEHICLES AUTHORIZED TO FUEL AT EL MONTE REFUELING STATION: i IVIVVVVV�VVVVVIYVVVVVVVVVVVVV Yllli� �"'"' I V"' Ills 'III 'lliilf ' Yi�yiYylr � I����I"YP �I��i lill�Ipiu uiYi • • 2 jLia-6,1617-IN Transit and I I im-t't Ulm 1 etl 4 rt I tzi R1 ZIP In the City of El Monte, County of Los Angeles State of California October 7, 2021 ALMA K. MARTINEZ CITY MANAGER SALVADOR MENDEZ DIRECTOR OF PUBLIC WORKS AND UTILITIES SARAH ZADOK TRANSPORTATION OPERATIONS MANAGER City of El Monte Request for Proposals (RFP) October 7, 2021 Transit and Paratransit Operations — 2022 Submittal: To be accepted and considered, proposals shall be submitted in three-ring binders and contain one (1) unbound original, four (4) copies, and one PDF copy on a flash drive of the completed proposal which must be enclosed in a sealed package and addressed as stated on the cover sheet. The outside of the submittal package must be clearly marked: "PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE AND PARATRANSIT SERVICES CONTRACT 2022" Proposals must be received no later than 4:00 PM, PT on Tuesday, November 23, 2021. Proposals received after this deadline will not be considered. Addressed to: City Clerk City of El Monte 11333 Valley Blvd. El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager A non -mandatory virtual pre -proposal meeting will take place at 1:30 PM Pacific Time, Thursday October 28, 2021. The meeting will be held online using Microsoft Teams. Log -in credentials for the MS Teams meeting will be posted on PlanetBids. Bidders are strongly encouraged to participate in the pre -proposal meeting. Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) on Monday, November 1, 2021 via PlanetBids. In PlanetBids - Select Ask Question. You may be prompted to log in if you have not already done so. Enter your first question and select Done. You may ask as many questions as necessary by selecting Add. You can edit or delete questions in your list. Once you have asked all your questions select Submit. Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021. Submittal of Proposals: Please submit one original and four (4) copies and one PDF copy on a flash drive of the completed proposal. Proposals are not to exceed 75 pages in length (double -sided page to count as two pages) excluding resumes, the required Forms and Appendices to be returned with the Proposal. Further, the audited financial City of El Monte — Transit and Paratransit Operations - RFP statement, driver training manual, and safety manual will not be counted towards the 75- page limit. Please use recycled paper and print on both sides, when possible. All proposals must be sealed in a package showing the following information on the outside: Addressed to: City Clerk City of El Monte City Hall East 11333 Valley Boulevard El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager Proposer's name, address, fax number, phone number and email address. "Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022" and proposal due date. The proposal package must be mailed or delivered to the above address prior to the closing date and time for receipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted. Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto. The City of El Monte is an equal opportunity employer. Qualified firms owned by women, minorities and disabled persons are encouraged to submit a proposal. (Important: Email and faxed proposals will NOT be accepted, and submissions of this sort will be disqualified from the competitive process.) The tentative schedule and description of events for this process is [All times are Pacific Time]: City of El Monte — Transit and Paratransit Operations - RFP 2 of 77 Event Date 1. RFP Issued October 7, 2021 2. Non -Mandatory Virtual/Online Pre -Proposal Conference 1:30 PM, Thursday, October 28, 2021 3. Deadline for submitting written questions 2:00 PM, Monday, November 1, 2021 4. Response/Issuance of Addendum 5:00 PM, Tuesday, November 9, 2021 5. Proposals Due [Note: Non-public opening.] 4:00 PM, Tuesday, November 23, 2021 6. Interviews (if necessary) TBD 7. Date for recommendation to City Council for award TBD (01/18/22 or 02/01/22) 8. Contract Begins July 1, 2022 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT All responses to this Request for Proposal (RFP) accepted by the City of El Monte (City) shall become the exclusive property of the City. At such time as the Transportation Operations Manager recommends a contractor to the City Council, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. City of El Monte — Transit and Paratransit Operations - RFP 3 of 77 REQUEST FOR PROPOSALS (RFP) EL MONTE TRANSIT AND PARATRANSIT OPERATIONS TABLE OF CONTENTS I. Description of the Project 7 A. Background 8 B. Scope of Services 10 C. Penalties/Liquidated Damages 39 II. Instructions, Conditions and Notices to Proposers 45 A. General Administrative Information 45 B. Proposals 47 C. Submittals 51 D. Non -Mandatory Pre -Proposal Conference & Questions 53 E. Closing Date 53 F. Selection Process 54 G. Proposal Protest Procedures 56 H. Draft Agreement 58 I. Vehicle Lease Terms 58 J. Federal Funding Requirements 60 K. Compliance with Laws and Requirements 61 III. Requirements and Required Qualifications of Proposers 62 A. Experience 62 B. Organization 62 C. Resource Allocation 62 D. Staffing 63 E. Hiring and Personnel Policies 63 F. Accounting and Reporting 63 G. Financial Responsibility 64 H. Reservations & Dispatch Function 64 I. Equipment 64 J. Maintenance, Storage and Refueling of Vehicles 65 K. Maintenance Program 65 L. Safety Program 65 M. Screening and Selection Program 65 N. Training and Retraining Program 65 O. Data Collection 66 City of El Monte — Transit and Paratransit Operations - RFP 4 of 77 P. Innovation and Route Reconfiguration 66 Q. Implementation/Transition Plan and Time Schedule 66 IV. Contractor Duties and Responsibilities: Maintenance 67 A. Maintenance — General 67 B. Maintenance and Operations Facility 67 C. Maintenance Management and Personnel 68 D. Preventive Maintenance 69 E. General Maintenance Policies 69 F. Daily Vehicle Servicing 70 G. Daily Driver's Inspections 70 H. Vehicle Cleaning 71 I. Fuel 71 J. Vehicle Towing 72 K. Emission Control Programs 72 L. Maintenance Evaluations 72 M. Out -of -Service Designation 72 N. Maintenance Records and Reports 73 O. Vehicle Maintenance Recordkeeping 75 P. Environmental Compliance 75 Q. ADA Compliance 76 EXHIBITS A. Route Maps and Time Schedules B. Dial -A -Ride Program Handout C. Dial -A -Ride Service Area Map D. Out-of-town Trip Generators E. "Transit Operator's Notice" of Reasonable Modifications/Accommodation Requirements for Fixed Route Transit F. City -Owned Vehicle List G. Sample — City Master Agreement H. Fixed Route Driver Trip Sheets and Data Spreadsheets 1. Dial -A -Ride Driver Trip Sheets and Data Spreadsheets J. Department of Labor Letter of August 10, 2012 K. City's "Reasonable Modification/Accommodation Requirements" L. Unusual Incident Report City of El Monte — Transit and Paratransit Operations - RFP 5 of 77 FORMS 1. 1 A through 1 D (and Optional Form 1 E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial -A -Ride 2. Proposal Letter/Certificate of Acceptance 3. Proposal Check Sheet 4. Performance Bond 5. Certification Regarding Lobbying 6. False Claims/False Claims Act Certification 7. Civil Litigation History/Civil Litigation Certification 8. State of California Drug Free Workplace Certification 9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters 10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members APPENDIX 1. RC — DBE Instructions 2. Federal Contract Clauses 3. Compliance with Laws and Requirements City of El Monte — Transit and Paratransit Operations - RFP 6 of 77 REQUEST FOR PROPOSALS (RFP) EL MONTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 I. DESCRIPTION OF THE PROJECT The City of El Monte (hereafter referred to as "the City") is soliciting proposals from qualified firms to provide transportation services as outlined in Part I. Section B, Scope of Services. All proposals shall be for the complete management, maintenance and the operation of Fixed Route Transit (FRT) and Paratransit/Dial-A-Ride (DAR) services. The City reserves the right to award separate contracts for the operation of fixed route transit services and Dial -A -Ride services. This Request for Proposal (hereby referred to as "RFP") is soliciting separate cost proposals for fixed route transit and paratransit/Dial-A-Ride services for a period of five (5) years, with three (3) one-year options to extend (hereinafter "Term" or "Agreement Term"). Proposers may respond to this RFP either one of the following two ways: • Proposals submitted by one Proposer to provide fixed route transit and/or paratransit services within their company; or • Proposals submitted by partnerships between multiple Proposers to jointly provide the fixed route transit and paratransit services. Under this scenario, there will be only one prime Contractor with Subcontractor(s) providing a portion of the work. City of El Monte — Transit and Paratransit Operations - RFP 7 of 77 With a population of approximately 116,000 residents, the City of El Monte is the tenth largest city in Los Angeles County. The City, which lies between two major freeways (I- 60 and 1-10), is located in the San Gabriel Valley, east of Los Angeles. The City of El Monte began providing local transit services Monday — Saturday in 1988 and paratransit services Monday — Sunday in 1989. Sunday fixed route transit was provided in December 2014, with funds initially provided through FTA's JARC Grant. These programs are currently funded with Prop A Local Return funds. FIXED ROUTE SERVICE DESCRIPTION In December 1988, El Monte Transit, formerly known as the "El Monte Trolley Company," began Monday — Saturday fixed route transit operations with four routes. Significant growth led to the introduction of an additional route in November 1990 for a total of five routes (Red, Blue, Yellow, Green and Orange) serving the City, shown in Exhibit A. Over 376,350 passengers were transported in fiscal year 18-19, with 21,400 revenue hours. Seven (7), 32' compressed natural gas transit buses are used to meet contracted transit needs. RED ROUTE The Red Route has been in operation since 1988. The Red Route operates in a clockwise loop through the northwest portions of El Monte. Its major trip generators include office buildings along Valley Boulevard, shopping centers along Lower Azusa Avenue, Arroyo High School, Lambert Park, Metro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (7.7 miles per loop). BLUE ROUTE The Blue Route has been in operation since 1988. The Blue Route operates in a clockwise loop through the northeast portions of El Monte. Its major trip generators include the businesses and shopping centers along Peck Road, several elementary schools and Zamora Park before returning to the El Monte Trolley Station (8.0 miles per loop). YELLOW ROUTE The Yellow Route has been in operation since 1988. The Yellow Route operates in a counterclockwise loop through the southeast portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard; El Monte's Aquatic, Community and Senior Centers; Five Points Shopping Center; El Monte High School; Mountain View High School; Mt. View Park; Arceo Park and several elementary City of El Monte — Transit and Paratransit Operations - RFP 8 of 77 schools along the route before returning to the El Monte Trolley Station (6.5 miles per loop). GREEN ROUTE The Green Route has been in operation since 1988. The Green Route operates in a clockwise loop through the southwest portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard and Garvey Avenue, Five Points Shopping Center, Fletcher Park, Metro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (5.8 miles per loop). In response to heavy transit demand in the southeast portion of the City, the Orange Route began operations in November 1990. The Orange Route operates in a clockwise loop through the southeast portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard, Mountain View High School, El Monte High School; El Monte's Aquatic, Community and Senior Citizen Centers; Arceo Park and several elementary schools along the route before returning to the El Monte Trolley Station (6.7 miles per loop). DIAL -A -RIDE (DAR) PARATRANSIT SERVICE DESCRIPTION The City of El Monte has operated a paratransit Dial -A -Ride service since 1989. El Monte's Dial -A -Ride is currently a demand -response system serving the residents of the City of El Monte with curb -to -curb transportation service. Service is available to El Monte residents who are at least 55 years of age or disabled residents of any age. The City maintains a client database of approximately 4,685 DAR registrants. In fiscal year 18-19, 20,278 DAR passengers were transported, with 9,042 paid revenue hours. Five (5) wheelchair accessible vans and one (1) small paratransit bus are used to meet program needs. Exhibit B is the City's "Dial -A -Ride Transportation" Program handout. Qualified El Monte residents may use DAR to travel anywhere within the City of El Monte, and up to five (5) miles out of the City for medical appointments. A map of the service area is shown in Exhibit C. The majority of El Monte DAR trip generators are for healthcare. A detailed list of some out-of-town trip generators is provided in Exhibit D. MAINTENANCE AND FUELING FACILITIES Fixed Route Transit: City of El Monte — Transit and Paratransit Operations - RFP 9 of 77 El Monte Transit buses are owned by the City of El Monte. All vehicles are operated and maintained at the current Contractor's operations facility. The City provides CNG fuel for all City -owned buses, with fuel dispensed from El Monte's CNG refueling station located at 3629 Cypress Avenue in El Monte. Dial -A -Ride Program: The Dial -A -Ride vehicles are owned by the City of El Monte. All vehicles are operated and maintained at the current Contractor's operations facility. Contractor provides fuel for all vehicles. B. SCOPE OF SERVICES The City is soliciting proposals for fixed route transit services and paratransit services for a Contract Services Agreement (hereinafter "Agreement" or "Contract") for a term of five (5) years, with three (3) one-year options to extend. The Agreement will become effective immediately upon execution by all parties (hereinafter "Effective Date"). Contractor shall begin operation services beginning on July 1, 2022 (hereinafter "Operations Date"). Starting on the first day of the Agreement Term, the Contractor shall provide safe, efficient and economical bus service according to the fixed route maps and schedules published and approved by the City. The Contractor shall also provide safe, efficient and economical paratransit Dial -A -Ride service for El Monte's elderly and disabled passengers. As an integral part of providing both fixed route and paratransit services, the Contractor shall: • Comply with all service standards and provisions outlined in the RFP; • Take steps necessary to ensure the safety and reasonable comfort and convenience of the public utilizing these services; • Charge only such fares as may be directed by the City; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to collection, security for disposition of fares and any other service revenues; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to matters such as passes, tickets, coupons, tokens, transfers, transfer systems, interconnections between different modes of transportation and interconnections between different transportation agencies; • Comply with all policies, practices, procedures, terms and conditions required by City of El Monte — Transit and Paratransit Operations - RFP 10 of 77 use of Federal, State, and other funds; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to the availability and distribution of schedules and other printed material for such service and related transportation services, including distribution of such schedules and materials on vehicles providing services under the Agreement; • Conduct such services, and its business and operations as they relate to such services, in a safe, sound, economical, efficient, and customer -friendly manner; • Comply with all City efforts to improve efficiency; and • Comply with all applicable provisions of Federal, State and local laws and regulations including, but not limited to, the following: 49 Code of Federal Regulations (C.F.R.) Parts 27, 37, and 38; 49 C.F.R. Part 609; 28 C.F.R. Parts 35 and 36; and 41 C.F.R. Part 101-19; 49 U.S. C 5333 (b) Transit Employee Protection FIXED ROUTE OPERATIONS The Contractor shall provide all facilities, equipment, supplies, services and personnel necessary to operate El Monte transit services unless specifically identified in this document. Rr prli ilac The fixed route transit service operates per printed schedule provided by the City. Schedules are printed with departure times at "time points" along the route. Schedules are attached as Exhibit A. Additional Stops Additional transit stops along each route are made at Metro and Foothill bus stops and at nearside corners of controlled intersections. Service Holidays Fixed route services do not operate on the following holidays: ■ New Year's Day (first day of January) ■ Presidents' Day (February) ■ Easter Sunday ■ Memorial Day (last Monday in May) ■ Independence Day (fourth day of July) ■ Labor Day (first Monday in September) ■ Thanksgiving Day (fourth Thursday in November) City of El Monte — Transit and Paratransit Operations - RFP 11 of 77 ■ Christmas Day (twenty-fifth day of December) * Service will end at 5:30 p.m. on Christmas Eve and New Year's Eve uired Driver Services (Fixed Route Transit In addition to operating the vehicle and performing a pre -trip inspection of the vehicle prior to operation, including cycling of the wheelchair ramp, fixed route drivers are required to perform the following functions: • Operate wheelchair lift and secure wheelchair passengers; • Accurately input and maintain detailed passenger and trip information using daily run/trip sheets (Exhibit H). Failure to maintain accurate daily trip sheets and reports will result in penalties/liquidated damages to the Contractor; • Provide accurate completed daily run/trip sheets to the Contractor's Fixed Route Operations Manager, who will review and make any needed corrections to the driver's data input (fuel and mileage odometer readings, etc.). The Manager must sign each form, verifying the information is accurate. The Manager must correctly total the number of passengers by payment method and include a signature verifying the accuracy of the information on the forms, prior to submitting the information to City staff. Failure to provide accurate information to the City (no more than a 5% error rate) will result in penalties/liquidated damages to the Contractor; • Change destination sign information as needed; • Collect fares; • Clearly call out bus stops (which are time points, major cross streets or at El Monte Transit/Metro/Foothill transfer points) upon approach, per the City's "Transit Operator Notice" of "Reasonable Modification/ Accommodation Requirements for Fixed Route Services," Exhibit E; • When one or more individuals are standing at a designated City bus stop that also serves other transit agencies (Metro and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route — Passengers are not required to flag the driver down per Exhibit E; • When one or more individuals are standing at a City bus stop, drivers are to stop and announce the stop location and route — Passengers are not required to flag the driver down; • Submit "Unusual Incident Reports" to City after out -of -ordinary incidents arise during the service; • Hand out and collect on -board passenger surveys; • Hand out service notifications and promotional gifts; City of El Monte — Transit and Paratransit Operations - RFP 12 of 77 • Fill schedule holders daily before pullout; and • Other data collection as necessary. Current Service Statistics Contractors are requested to submit proposals to operate El Monte's Fixed Route Transit Program for five (5) years. The City of El Monte seeks to improve on the fixed route transit service delivery. Table 1 shows the Fixed Route Transit Operating Statistics for the last three (3) years. TABLE 1: Fixed Route Operating Statistics FIXED ROUTE FY 18-19 FY 19-20 FY20-21 TRANSIT Actual Vehicle 178,388 175,564 181,003 Revenue Miles Vehicle Revenue 21,266 21,326 21,307 Hours Total Miles 184,443 184,893 187,378 Total Trips 25,940 26,045 26,010 Total Passengers 376,359 297,821 143,568 Operating Expense $962,628 $1,048,172 $1,143,185 Farebox Return $146,800 $114,929 $56,367 Table 1: Fixed Route Transit Operating Statistics (Totals may be rounded) Adiustments/Variance in Vehicle Service Hours and/or Service The City may elect, at its discretion, to modify or change the service criteria. Modifications may include, but are not limited to: • Adding or deleting service area or routes • Increasing, decreasing, or changing operating hours • Expanding or decreasing service hours. If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the VRH rate for that contract year. Only the marginal costs (driver wages and vehicle maintenance) will be renegotiated. Charter Service Contractor may, from time to time, be requested to provide special transportation service in addition to those described in this RFP. The Contractor shall provide this service under the same terms and conditions of the contract, unless agreed to otherwise. The City of El Monte — Transit and Paratransit Operations - RFP 13 of 77 Contractor will not be allowed to use any vehicles for charter service, unless directed to do so by the City. Examples of the City's possible approved charter services are: • Transporting residents or employees during emergencies • City of El Monte sponsored events Emergency Operations The El Monte Transit vehicles may be called upon to provide emergency transportation during City emergencies. The Contractor shall provide the City with the following: • A lockbox located at the Contractor's site, with keys (if applicable) to all City -owned vehicles; • Keys and alarm codes to access the Contractor's facilities, key lockbox, and vehicles (if applicable); • All vehicles will be fueled and ready for service; each vehicle must have a full tank prior to morning service, with the exception of out -of -service vehicles displaying red tags/signage placed on the steering wheel; • An up-to-date list of all local drivers' names and phone numbers to be called into service if needed, at any time day or night, within a 60-minute window; • A current list to the City of cell and home phone numbers for key staff; and • Vehicles deployed in a manner described by the City of El Monte. The City will pay each driver who provides emergency transportation service a minimum of four hours -worth of work. City -Owned Vehicles The City of El Monte will furnish City -owned vehicles as specified in Exhibit F. Contractor shall use and operate all City equipment only in accordance with the terms and provisions of the RFP, all applicable Federal, State and local laws and regulations, and solely for the purpose of providing transportation services and other services on behalf of the City. Title to the vehicles and equipment are registered in the name of the City, and at all times remain the sole property of the City of El Monte. Contractor shall not permit any of the vehicles to become subject to any lien, charge or encumbrance. The City shall retain duplicate sets of keys for all vehicles (if applicable). In the event of an after-hours emergency, the City shall have access to all City -owned transit vehicles located at the Contractor's facilities. The Contractor shall require that due care is taken in operating and maintaining City vehicles to ensure that the effective vehicle life and road performance is maximized. City of El Monte — Transit and Paratransit Operations - RFP 14 of 77 PARATRANSIT/DIAL-A-RIDE (DAR) OPERATIONS The Contractor shall provide all facilities, vehicles, fuel, equipment, supplies, services and personnel necessary to operate the El Monte Dial -A -Ride service, unless specifically identified in this document. City -owned vehicles will be provided by the City. Hours of Operation Dial -A -Ride service operates IN CITY during the following hours: Monday - Friday: 7:00 a.m. - 6:00 p.m. Saturday: 8:00 a.m. - 4:00 p.m. Sunday: 8:00 a.m. - 4:00 p.m. Last pickups are one-half hour before closing. Dial -A -Ride service operates OUT OF CITY during the following hours: Monday — Friday (only): 8:00 a.m. - 5:00 p.m. Last pickups for out-of-town service is 4:30 p.m. Service Holidays Dial -A -Ride service does not operate on the following holidays: • New Year's Day (first day of January) • Presidents' Day (February) • Easter Sunday • Memorial Day (last Monday in May) • Independence Day (fourth day of July) • Labor Day (first Monday in September) • Thanksgiving Day (fourth Thursday in November) • Christmas Day (twenty-fifth day of December) • Service ends at 5:30 P.M. on Christmas Eve and New Year's Eve (Monday — Friday) Required Driver Services (Paratransit/Dial-A-Ride) In addition to taking the passenger to and from their destination and performing a pre -trip safety inspection of vehicles, Dial -A -Ride drivers are required to perform the following functions: • Help passengers in and out of vehicle • Operate wheelchair lift and secure wheelchair passengers • Collect fares • Carry and store up to five (5) shopping bags into vehicle for each passenger City of El Monte — Transit and Paratransit Operations - RFP 15 of 77 • Input and maintain accurate trip log(s). Failure to maintain accurate daily trip sheets and reports will result in penalties/liquidated damages to the driver and/or Contractor (Exhibit 1) • Submit timely "Unusual Incident Reports" to the City, subsequent to each out - of -ordinary incident occurring while in-service • Hand out service notifications, passenger surveys and promotional gifts • Other data collection as needed Current Service Statistics The City of El Monte seeks to improve on Dial -A -Ride service delivery. Table 2 shows the Dial -A -Ride Operating Statistics for the last three (3) years. TABLE 2: Dial -A -Ride Operating Statistics DIAL -A -RIDE FY 18-19 FY 19-20 FY 20-21 Vehicle Revenue Miles 72,487 61,480 40,998 Vehicle Revenue Hours 9,042 7,057 4,927 Total Miles (Not NTID) 88,977 68,432 46,095 Total Passenger Trips 18,277 16,211 9,469 Total Passengers 20,278 18,128 10,242 Operating Expense $513,039 $470,359 $355,920 Farebox Return $11,310 $10,249 $6,328 Passengers Per VRH 2.24 2.24 2.08 Table 2: Dial -A -Ride Operating Statistics (Totals may be rounded) Adjustments to Service The Dial -A -Ride service may be adjusted throughout the Agreement Term to better serve our clients. The City may elect, at its discretion, to modify or change the service criteria. Modifications may include, but are not limited to: • Adding or deleting service areas • Increasing, decreasing or changing operating hours and/or services offered to residents • Expanding or decreasing service hours If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the VRH rate (amount paid to Contractor). Only the marginal City of El Monte — Transit and Paratransit Operations - RFP 16 of 77 costs (driver wages and maintenance) will be taken into consideration when renegotiating the VRH rate. Performance Requirements Passengers per Vehicle Service Hour: • Regardless of how trips are to be provided on the DAR system, the Contractor must meet or exceed the City's standard of 2.25 passengers per vehicle service hour for the first two (2) years and a minimum of 2.5 passengers per vehicle service hour thereafter. Penalties/liquidated damages may be assessed every month if requirement is not met (See Part 1. Section C). Wait -Time Window: • The wait -time window for DAR trips will be from five (5) minutes before the reservation time to 15 minutes after the reservation time (20 minutes). Trips not meeting this window will be deemed as late and penalties/liquidated damages may be assessed if the monthly on -time performance falls below 97%. Registration Database City of El Monte staff handles registration for the DAR system. This includes processing applications and determining eligibility. The City will provide to Contractor a copy of the current database of DAR registrants, which is in a Microsoft Office Access database format. The database includes all information that is included on the DAR registration form and any updates that have been made. The Contractor will be responsible for maintaining the integrity and confidentiality of their database and making a daily backup copy. Trip Reservation and Dispatching Telephone Number • The Contractor will assume financial responsibility for the existing Dial -A -Ride customer service telephone number, which provides local telephone service to residents of El Monte. Reservations and Customer Service • The Contractor will provide trained staff to answer the DAR reservation/customer service phone number during all Dial -A -Ride operating hours. All DAR staff must be able to clearly communicate in English. There must always be a staff member(s) immediately available who is fluent in Spanish. If in-house staff is unable to assist all residents, Contractor shall provide an interpreting service to allow communications with El Monte residents of all languages. All calls must be answered within three (3) City of El Monte — Transit and Paratransit Operations - RFP 17 of 77 rings. Customers shall not be put on hold for longer than three (3) minutes. Penalties/liquidated damages may be assessed if these requirements are not met. Accepting Trip Requests and Scheduling • Registered Dial -A -Ride customers must be allowed to schedule all out-of-town pickup and return trips in advance (from 24 hours up to one week prior to desired trip). Same - day service is demand response. No more than 20% of the trips during any day can be subscription -based service. The City will determine a priority system and guidelines for subscription trips. Dispatch Recordkeeping • Dispatch supervisors will maintain records that enable the Contractor to provide necessary data to the City upon request. This will include but not be limited to: o Total trip request calls o Number of trip denials o Reason for trip denial o Number of trips scheduled o Number of subscription trips scheduled o Trip Information o Customer name and DAR Identification Number o Vehicle used o Trip origin and destination o Scheduled pickup time o Actual pickup time o Actual arrival time (at destination) o Unusual Incidents (Exhibit L) o Other information as requested. Fixed Route Notification Staff must be trained on all the local and regional fixed route transit services/agencies (El Monte Transit, Foothill Transit, Metro, etc.) within the DAR service area. In order to provide options to City residents, Contractor will be required to give transit information phone numbers to DAR registrants who request to make paratransit trips which alternatively could be provided by El Monte Transit, Foothill Transit or Los Angeles Metro fixed route transit services. Staff will offer to mail El Monte Transit schedules to customers who are interested in these services. The Contractor will stock current Transit schedules and will mail schedules within 24 hours of a customer's request. City of El Monte — Transit and Paratransit Operations - RFP 18 of 77 GENERAL SERVICES REQUIREMENTS FOR TRANSIT AND PARATRANSIT Vehicle Fueling All City -owned vehicles provided for transit service will be fueled by the Contractor at the City's CNG refueling station located at 3629 Cypress Avenue in El Monte or at a designated location determined by City Staff. The City vehicles provided for paratransit services must be fueled by the Contractor at the Contractor's expense. Vehicle Maintenance The Contractor is responsible for maintaining and keeping all vehicles used to provide service under this Contract in excellent mechanical condition. Contractor shall ensure that their employees, vehicles, facilities and equipment meet all applicable laws, codes and safety standards as set by Federal, State and local governments. The Contractor, at its sole cost and expense, shall provide lubricants, parts, repairs, paint, supplies, labor, road -call services and all other necessary equipment required for the maintenance and operation of the vehicles and equipment utilized in providing contracted transit and paratransit services. All parts and supplies will be Original Equipment Manufacturer (OEM) or approved equals. The Contractor shall provide a clear and detailed City -approved system of a tiered level ongoing preventive maintenance program, appropriate to the fleet, which meet or exceeds CHP and manufacturer's standards. Contractor shall maintain a separate maintenance file for each vehicle containing all maintenance records pertaining thereto. Contractor shall submit the scheduled maintenance and preventive maintenance schedule to the City. Vehicle inspection records for each vehicle must include at minimum the following: • Inspection Date • Vehicle Mileage • Description of Work Performed • Parts and Supplies Used • Name and signature of mechanic performing the work • Signature of Contractor's Maintenance Manager indicating that the work was performed to the standards specified herein Mechanic Requirements The Contractor must always have at least one mechanic (Maintenance Manager included) on staff which has an ASE (Automotive Service Excellence) Medium/Heavy Truck "Master Technician" designation. Contractor must also have at least one mechanic which has an ASE Certification in Heating, Ventilation and Air Conditioning (HVAC) Systems. All mechanics must have alternative fuel maintenance training in Compressed City of El Monte — Transit and Paratransit Operations - RFP 19 of 77 Natural Gas (CNG). Mechanics and service workers must have the appropriate licenses to operate all vehicles. Pre -Trip Inspection Contractor shall require each driver to inspect each vehicle with regard to safety, function, and appearance prior to the start of service each day. A daily Pre -Trip Inspection form shall be completed prior to start of service and submitted to the Maintenance Manager for all vehicles. Contractor shall immediately repair or replace, prior to placing into service, any vehicle with a safety or operational problem. Warranty Maintenance Neither the City nor the Contractor is the manufacturer of the City's equipment or the manufacturer's agent, and neither the City nor the Contractor makes any express or implied warranty of any nature regarding the City's equipment, including, but not limited to: its merchantability or fitness for any particular purpose; its design or condition; its workmanship; its freedom from latent defects; its compliance with the requirements of any law, rule, specification, or contract; or its non -infringement of any patent, trademark or license. Provided that the City or the manufacturer has supplied required warranty documents to the Contractor, the Contractor shall take all actions required to preserve any and all manufacturers' warranties regarding the City's equipment. Refueling City staff shall train the Contractor's personnel in safety and proper compressed natural gas (CNG) refueling techniques for the Fixed Route Transit Program, prior to fueling the City vehicles. The Contractor shall train the appropriate personnel in proper gasoline fueling techniques for the Dial -A -Ride Program. Contractor shall ensure that under no circumstances shall passengers be allowed onboard the vehicles during refueling. To be prepared for any after -hour emergencies, Contractor shall ensure that each vehicle has a full fuel tank before the start of the next service day. Wheelchair The Contractor shall ensure that Wheelchair Lifts are operational on all vehicles in the fleet. Penalties/Liquidated Damages may be assessed if wheelchair lifts fail while in service, and not immediately removed from service and replaced with a backup vehicle. Climate Control Systems Contractor shall maintain the heating and air conditioning units in proper working condition so that they are available at any time during the service hours and offer the most comfortable environment inside the vehicle regardless of the outside climatic City of El Monte — Transit and Paratransit Operations - RFP 20 of 77 conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensure that they are operating properly. In-service vehicles without working heating or air conditioning will be exchanged within one loop or sooner or Penalties/Liquidated Damages may be assessed. Other Vehicle Systems The Contractor is responsible for maintaining all other systems onboard the vehicles. This includes: o Radios o Public Address Systems o Destination signs o Fire suppression equipment o Security cameras, digital surveillance system, data collection software and hardware, etc. Vehicle Interior Contractor shall maintain the interior passenger compartment in good repair. It shall be free of exhaust fumes and deposits from the engine or engine compartment. Contractor shall also ensure that all corners and seams are securely fastened to the floor at all times; that the doors, stop notification devices and public address system work properly. The driver's area shall be clean at all times. Each driver's personal items should be kept in a secure area and out of sight. The dashboard is to be free of papers, trash and loose materials. The driver's seat shall be maintained in accordance with the standards stated below for passenger seats. The interior will be checked for damage and cleared of trash at the conclusion of each trip or "loop." The Contractor or any of its staff may not attach or place any markings on the interior of the vehicle. Contractor shall perform the following maintenance daily: • Sweep, clean and remove all trash, gum, sticky substances, foreign objects, dirt and dust • Clean driver's area and dashboard so it is free of dust, stains or grease • Clean all interior and exterior windows, removing dust, fingerprints, smudges, writing, water spots, streaks and unpleasant odors • Clean passenger seats to the extent that they are dust free and free of all foreign substances • Clean all ledges, stanchions, handrails, modesty panels, passenger signal strip/cord and remove dust, grease, gum or sticky substances Contractor shall perform the following interior maintenance each week: • Replace window (or Inserts) if ANY markings are present City of El Monte — Transit and Paratransit Operations - RFP 21 of 77 • Replace or repair seat (or Inserts) if ANY markings are present • Repair seats if there are ANY rips or tears • Remove graffiti from ALL interior and exterior surfaces of the vehicle • Replace window glass if scratched, broken or cracked • Repair or replace damaged schedule holders (fixed route only) Contractor shall perform the following interior maintenance monthly or sooner if needed: • Shampoo fabric seats Pxtarinr Contractor shall be responsible for assuring that all of the vehicle body components, appurtenances, and frame shall be sound and undamaged and retain original colors. The exterior body shall be free of cracks, dents, scrapes, graffiti and any other markings not approved by the City. The Contractor or any of its staff may not attach or place any markings on the exterior of the vehicle without written permission from the City. Contractor shall perform the following maintenance as needed: • Clean and/or paint wheel rims after brake jobs Contractor shall perform the following maintenance a minimum of two -three days per week: • Wash vehicle Contractor shall perform the following interior maintenance each week: • Ensure destination signs are working and repair if necessary Contractor shall perform the following exterior maintenance twice per year: • Wax vehicle City Inspections The City shall have the right to inspect any and all vehicles or cause same to be inspected at any time with or without prior notice to Contractor. The City shall also have the right to demand from time to time a written statement from the Contractor setting forth the condition of the City equipment or any part of it. The Contractor shall furnish such a statement to the City within 10 days after receipt of the City's demand. Should the City or its designee determine, in its sole discretion, that any City -owned equipment has not been maintained in accordance with the Agreement, the City or its designee shall report all deficiencies to the Contractor in writing. Except for safety -related deficiencies, which shall be corrected as soon as reasonably possible prior to placing the vehicle in service, the Contractor shall have 14 days to correct the reported deficiencies and to notify the City in writing of the correction. City of El Monte — Transit and Paratransit Operations - RFP 22 of 77 Vehicle Out -of -Service Criteria The Contractor shall not operate any vehicle that the City designates as unsafe for service. Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to Penalties/Liquidated Damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days. The following is the list of criteria used by the City's Mechanical Maintenance Administrator to determine if a vehicle is unsafe for service: • Failing a CHP Inspection • Any violation of Title 49 Code of Federal Regulations, North American Commercial Vehicle Critical Safety Inspection Items and Out Of Service Criteria • Any fuel leak • Any liquid leakage beyond a minor seepage • Removal of any component, without replacement, that has not been approved by the City's designated mechanical maintenance agency • Identification of any substandard repair or condition that could put the City of El Monte, their employees or the public at risk of health hazard or injury • Overfilling of engine or transmission fluid • And that which is provided under all local, state and federal regulations California Highway Patrol Inspections The Contractor shall maintain satisfactory California Highway Patrol (CHP) terminal inspection throughout the life of the Contract (proof of CHP certification is required). The Contractor must make all vehicles available for inspection by the CHP as necessary. The Contractor must also follow CHP maintenance record guidelines and make all records available for inspection. Penalties/Liquidated Damages may be assessed every time a vehicle fails a CHP inspection or re -inspection. The Contractor must notify the City within four (4) hours of an inspection failure and state what is being done to correct the deficiency. A copy of the CHP inspection reports shall be forwarded to the City within 24 hours. Road Calls/Re-route Notification In the event of a vehicle failure while in service, Contractor shall deploy a vehicle immediately upon notification to replace the failed vehicle. The failed vehicle shall display "Out of Service" on the front and side Destination Signs. Contractor shall notify the City within 15 minutes in the event that a vehicle fails while in service or while traveling to or from service. Failure to do so will result in Penalties/Liquidated Damages. City of El Monte — Transit and Paratransit Operations - RFP 23 of 77 In the event that a re-route becomes necessary (due to road closure, construction, train, etc.), Contractor will immediately notify the City with re-route proposal for City approval. Miles between Road Calls Contractor shall monitor miles between road calls for each vehicle used in revenue service. The City will use this information to calculate a monthly average road call interval for both fixed route and paratransit services. Return of City Vehicles In the event the initial Agreement Term or any extension thereafter is terminated or expired, Contractor shall abide by the following conditions: • All City -owned vehicles and related records shall be surrendered and delivered to the City immediately • The vehicles must be in appropriate mechanical condition as specified in Part II, Section I and throughout the RFP. Contractor is responsible for returning vehicles in an acceptable appearance and mechanical condition per Exhibit G, "Sample City Master Agreement" If Contractor fails to abide by the conditions, any payments due will be held and, if necessary, amounts may be deducted to cover the cost of providing vehicles or making necessary repairs as per the "Contract Service Agreement" and the RFP. OPERATIONAL EMERGENCIES The Contractor shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. Contractor shall be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following: 1. Hazardous Conditions Transit Operators shall report all hazardous road conditions (i.e., downed trees, potholes and uneven road surfaces, malfunctioning signals, etc.) in the City to their supervisor. Contractor, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel. 2. In -Service Vehicle Failures Contractor shall require the Transit Operators to report any in-service vehicle failure to their supervisor. The supervisor will attempt to ascertain the problem, use good judgment, and instruct the Transit Operator to take appropriate corrective action. If necessary, the supervisor will immediately send a spare vehicle to the location, and the Transit Operator City of El Monte — Transit and Paratransit Operations - RFP 24 of 77 and passengers will change vehicle and continue in-service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City immediately and not later than the start of the next service day. 3. Wheelchair Lift Failure Contractor shall be responsible for the proper operation and maintenance of all wheelchair lifts. Contractor shall require Transit Operators to report all in-service lift failures to the Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for alternate transportation for the passenger in the wheelchair inconvenienced by the lift breakdown. If the lift fails while attempting discharge of a wheelchair passenger, the Transit Operator shall manually operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift failure. Contractor shall report all in-service lift failures to the City no later than the start of the next service day. 4. Passenger Disturbances Contractor shall instruct Transit Operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the Transit Operator's supervisor or dispatcher. The supervisor shall use good judgment in handling the passenger disturbance by appraising the situation, issuing appropriate instructions to the Transit Operator and request law enforcement assistance if necessary. 5. Medical Assistance to Passengers Contractor's employees shall use good judgment in responding to passenger accidents, injuries or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the Transit Operator shall immediately advise the Contractor's supervisor by radio of the situation and location of the vehicle, and the supervisor shall notify the County Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later than the start of the next service day. 6. Accidents Contractor shall require all Transit Operators to report any accident or incident involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgment in handling the situation and shall immediately notify police or fire department if necessary. The supervisor shall report all accidents to the City by telephone immediately. Both the Transit Operator and supervisor will complete an accident report approved by the City, with copy to the City no later than the start of the next service day. The Contractor shall submit all accident -related reports to the DMV as required. City of El Monte — Transit and Paratransit Operations - RFP 25 of 77 ADMINISTRATION REQUIREMENTS FOR FIXED ROUTE AND PARATRANSIT SFRVIrFS Project Management Contractor shall provide the necessary management, field supervisors, and administrative personnel with expertise to customary industry standards. Contractor shall manage services in accordance with the guidelines and parameters established herein. The Contractor shall submit a staffing plan to the City. The City reserves the right to approve the final staffing plan submitted by the Contractor. Supervision The full-time supervision of the transit services and day-to-day operations shall be vested in the Contractor and shall consist of, but not be limited to, an assigned General Manager. Under this position will be a Fixed Route Operations Manager, a Paratransit Operations Manager and a Maintenance Manager. Contractor shall assign individual(s) to this operation and those individual(s) shall show, by decision and action, to be competent in all aspects of services. Key Personnel The General Manager, Fixed Route Operations Manager, Paratransit Operations Manager, and Maintenance Manager are all key personnel and will be individually approved in writing by the City before assuming these positions. These individuals are of critical importance to a successful service operation and are a significant component of the contractor selection process. As a result, Fixed Route Operations Manager and Paratransit Operations Manager, also referred to as "Project Manager(s)," shall be assigned solely to this Agreement and may not be reassigned to any other operation internally or to an associated firm of Contractor without prior written approval of the City, or be assigned tasks outside of the Agreement requirements with the City of El Monte as this may prohibit adequate time required for proper administration, management, maintenance, etc., tasks necessary for providing quality transit and paratransit services to our El Monte community. This paragraph shall not apply in the event said individual(s) either voluntarily or involuntarily terminates employment with Contractor. Violation of this paragraph may result in penalties/liquidated damages or other remedies up to and including termination of the Agreement. The City may, at its sole discretion, accept or reject any individual proposed by the Contractor both during the contract startup and for any replacement during the life of this contract. The City may also, at its sole option, require the replacement of any key personnel. City of El Monte — Transit and Paratransit Operations - RFP 26 of 77 Reservationists Dedicated reservationists shall be assigned to this Agreement, ensuring that accurate program information is related to residents and that customer service levels consistently meet Contractor and City expectations. Employee Selection and Supervision Contractor shall be responsible for the employment and supervision of all employees necessary to perform the service operations contemplated under the agreement to be executed with the City. Such responsibilities shall include employee recruitment, screening, selection, training, supervision, employee relations, evaluation, retention and termination. Contractor shall use appropriate driver screening and selection criteria in order to employ drivers. These criteria will include Department of Motor Vehicles license check and physical examination sufficient to meet all applicable requirements for transit and paratransit service vehicle operations. Contractor shall at all times have in effect an employee substance abuse/alcohol abuse -testing program for all employees in safety -sensitive positions including personnel engaged in the operation, maintenance and control of vehicles and equipment used in the performance of services per all Federal, State and local requirements. Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or a crime involving moral turpitude before or during the time of his/her employment shall not be permitted to operate any vehicles used in the performance of contracted services. Contractor shall be responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirements are met. Contractor shall at all times comply with applicable state and federal employment laws, including section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended. Transit Operator Requirements Contractor shall employ only such persons as are competent and qualified to provide all services in accordance with the requirements of this RFP and City policies, practices, procedures and standards. All employees shall meet all applicable qualifications established by the federal, state and local laws and regulations. City of El Monte — Transit and Paratransit Operations - RFP 27 of 77 Contractor shall conduct pre -employment DMV checks of all personnel hired for service and shall join the California DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a Transit Operator's driving record. Contractor shall provide annual pull -notice printouts for each driver who operates vehicles under this contract. New drivers or drivers that transfer into the programs under this contract will present a DMV printout, no older than 7 days, prior to beginning to drive vehicles under this contract. Any Transit Operator exceeding the California DMV point system or with a revoked or suspended license will not be allowed to operate the City's service. Contractor shall notify the City of the results of these checks. The City reserves the right to require reassignment of drivers or removal completely from service at its sole discretion. Any driver providing service under this Contract will at all times be: • Legally licensed and qualified to operate the vehicles to which they are assigned. This includes the following requirements: o Have no reckless driving violations; o Have no more than three (3) moving violations during the five (5) year period preceding the City permit/licensing renewal; o Have no more than one (1) moving violation within the twelve (12) month period immediately preceding the City permit/licensing renewal; and o Have never been convicted of a drug or alcohol offense, verified by a California Department of Justice criminal background check or had his or her license suspended due to a drug or alcohol offense. • Sober and have no addiction to the use of alcohol or controlled substances. If driver is found to be under the influence while driving, they will be subject to immediate termination for cause • Not subject to any outstanding warrants for arrest • Alert, careful, courteous and competent in their driving and customer relations habits • Free from using any personal electronic devices while driving. At no time shall the driver use their cell phone for texting (reading and writing), e-mailing or answering/making phone calls while driving. If driver is found using a personal electronic device, penalties/liquidated damages may be accessed, including driver suspension or termination for cause • Sensitive to passengers' needs, including assisting passengers upon their request • Neat and clean in appearance and in uniform acceptable to the City. Transit Operators shall wear name tags clearly displaying their names while performing their duties City of El Monte — Transit and Paratransit Operations - RFP 28 of 77 • Knowledgeable about the service area street network • Able to read, write, speak and understand English adequately as solely determined by the City. Bilingual skills in Spanish, Chinese and Vietnamese are desirable • Able to handle complaints and problems as required • Drivers must post a driver nameplate in the vehicle, so it is visible to passengers • Transit Operators may not request or in any way solicit tips from customers. Permits and Miscellaneous Licenses The Contractor and their employees will hold and provide copies of valid permits, licenses, certificates and other documents as are required by Federal, State, County, City and other governmental or regulatory bodies to legally engage in the services to be provided under this contract. Contractor will notify the City of any suspension, termination, lapses, non -renewals or restriction of required licenses, certificates, or other documents which may be cause for termination of this Contract. Contractor is responsible for payment of all related permit and licensing fees. Drug & Alcohol Testing Contractors who perform safety -sensitive functions must comply with FTA's substance abuse management program under 49 C.F.R. part 655 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." Contractors providing testing services involving the performance of safety sensitive activities must comply with 49 C.F.R. part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." The Contractor must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40) and comply with the Federal Motor Carrier Safety Administration (FMCSA) rule for employees who hold Commercial Driver's Licenses (CDLs) (49 CFR part 382). o Proof of compliance form, (Form 8), is not required to be filled out and submitted with proposal as FTA monies are not currently funding these programs. If future FTA funds are utilized, Form 8 will be required by contractor. Driver Uniforms The Contractor must provide uniforms to all drivers. At minimum the uniform will include coordinating shirts and uniform pants that identify the Contractor's name and the employee's name. No denim, jeans or short pants will be acceptable as part of a uniform. If jackets or cold weather gear is worn it must also be uniformed and clearly identify the Contractor's name and the employee's name. If hats are worn, they must be uniformed with Contractor logo. These uniforms will be subject to City approval. City of El Monte — Transit and Paratransit Operations - RFP 29 of 77 Driver Training Transit Operators must be trained in all operational procedures relating to the system. Training must include techniques for dealing with the public in a helpful and courteous manner, basic information about the routes and the City of El Monte, and sensitivity and empathy training directed towards the needs of elderly and disabled passengers, in compliance with the Americans with Disabilities Act. Contractor shall describe how it will maintain an ongoing employee safety and training program. Transit Operators shall be trained to operate all types of vehicles, wheelchair lifts, ramps and securement systems, as well as, other equipment which they may be expected to use in fixed route services. This requirement pertains to all Transit Operators, both regularly assigned and relief Transit Operators. Contractor shall provide all drivers with initial and ongoing training in, at minimum, the following topics: • Vehicle operation • Safe vehicle maneuvering • Defensive driving • General vehicle handling and safety • Emergency first aid • Cardiopulmonary Resuscitation (CPR) • Passenger assistance techniques (including operation of lift equipment) • Passenger relations / customer service • ADA requirements and sensitivity training Contractor to ensure that ongoing training required by federal, state and/or other governmental or regulatory bodies is provided to staff to maintain proper licenses, certificates, etc., and that detailed driver training records are kept by the Contractor and accessible upon request for review by City staff and the CHP. City Policy Training All drivers will be provided an orientation to the City policies related to passenger assistance requirements, sensitivity issues, fares and other policies. City staff will work with driver training staff to ensure that necessary topics are included in the orientation and may participate on a periodic basis in the orientation sessions and/or safety meetings to review such policies or present changes in policies that impact drivers. Employment Contracts, Labor Agreements, Labor Protection and Civil Rights The Contractor may deal with and enter into written agreements with its employees. Contractor shall notify the City of any labor negotiations being conducted with its employees, shall keep the City fully informed of the status and progress of such City of El Monte — Transit and Paratransit Operations - RFP 30 of 77 negotiations, shall permit the City to observe such negotiations if the City so requests, shall confer and consult with the City about the negotiating positions taken by Contractor in such negotiations if the City so requests and shall not enter into or agree to modify or amend any labor agreement without the City's prior written approval. The City shall not directly negotiate with collective bargaining agents recognized by the Contractor without the Contractor's consent provided, however, that this provision shall not be construed to prohibit communications or negotiations relating to the City's obligations and rights under any applicable State laws. Labor Protections: Transit Employee Protection, Title 49 U.S.C. 5333(b) requires that the interests of employees affected by assistance under most FTA programs shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. Employee protections under Section 5333(b) are required for FTA funded grants. Civil Rights and Equal Opportunity: The Contractor agrees to comply with all applicable Civil Rights Statutes and implementing regulations. Advertising / Promotions The City will be responsible for advertising and promoting the transit and Paratransit programs and will provide the funds and materials necessary to carry out this responsibility. The Contractor will distribute promotional materials or assist in public relation activities from time to time and only at the request of the City. City of El Monte Fixed Route Transit and Paratransit Fares Fixed Route Fares: • The current transit fare is $0.50 cents per person The fare for children 5 years and older is $0.50; 4 years and under are free with each paying adult (two maximum per adult). Paratransit Fares: • DAR passenger fares differ by service area and trip type: o One-way trip within the City of El Monte $ 0.50 o One-way trips out of the City of El Monte (medical only) $1.00 Fare Collection and Cash Handling Procedures The fixed route fleet utilizes fareboxes to collect fares. The Contractor will use a City - approved method for collecting Dial -A -Ride fares. The Contractor will collect and deposit all fare revenues. Fare collection training shall be conducted by the Contractor and proper fare collection shall be enforced by all project personnel. City of El Monte — Transit and Paratransit Operations - RFP 31 of 77 Farebox revenue shall be retained by Contractor and deducted from the monthly invoice billed to the City. The City will review any and all procedures submitted relating to the collection, recording, depositing and reporting of all cash receipts. Contractor shall be responsible for providing security over collected funds, equipment in service and all inventoried fareboxes and associated equipment. Contractor shall develop, place into service and monitor procedure controls and security devices that will prevent theft or expose pilferage. Should there be any discrepancies between the actual revenue counts and the estimated revenue counts from the ridership data, and an investigation proves failure to adequately protect the City's revenues by Contractor, then Contractor is responsible for monetary reimbursement to City. Radio System The Contractor is responsible for any base stations or handheld radios needed for operations. The Contractor will also provide the City one handheld radio programmed to receive all frequencies used for operations. The Contractor is also responsible for obtaining and paying for the necessary frequencies for the radio system. The cost of proper upkeep of the radios and replacement if damaged is the sole responsibility of Contractor. Contractor shall submit a list for approval of all radio frequencies and call letters to be used for each vehicle. Pam The City will pay the Contractor on a "Vehicle Revenue Hour" (VRH) basis, also referred to as "Revenue Hour," for the fixed route and paratransit services. Transit Vehicle Service Hours are calculated as the hours of operation of each vehicle during the scheduled operating hours (which includes scheduled layovers). Hours spent deadheading to and from the service area or from one route to another, training time, fueling time, lunchtime and storing vehicles do not constitute service. Missed transit service will also be deducted. Paratransit revenue time will begin when first passenger boards the vehicle and will end when the last passenger is dropped off. The Contractor will submit a detailed invoice to the City by the tenth (10th) day of each month. The City will pay the Contractor within sixty (60) working days from the date of submission, provided that the invoice is complete and contains all necessary backup information, reports and other required documents. All revenues collected during any month shall be retained by Contractor and (1) accounted for in the monthly report for the month during which it was collected; and (2) shown on the monthly invoice required by this section as a deduction from any amount due to Contractor from the City. City of El Monte — Transit and Paratransit Operations - RFP 32 of 77 Trolley Tokens: Contractor shall return all Trolley Tokens collected to the City by the 10t" of each month and Contractor shall provide corresponding token fare documentation. The City will deduct from invoices any penalties/liquidated damage payments due, based upon the City's determination of performance in relation to the penalties/liquidated damage clauses of the RFP and Agreement. The City will verify all data provided by Contractor and reimbursements/adjustments due to the City or the Contractor will be made after the close of each fiscal year (No later than September 30t" of each year). Data Collection & Reporting Fixed Route Operating Data: • Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports/data the City may from time to time request related to operating performance. • The following reports must be submitted ACCURATELY (Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed): o Unusual Incident Report (Daily) - Daily report of any out -of -the -ordinary incidents arising in the service to include, but not be limited to, disputes with or among passengers o Down Vehicle Report (As -Needed) - The Contractor shall send a down vehicle report (faxed or emailed) within one hour of a vehicle going down while in service o Monthly Operating Summary (Monthly) - The Contractor will submit this report with the monthly invoice. It must include, at a minimum, the following information: ■ Total Monthly Ridership by Route, Bus Run (Loop), and Day ■ Total Vehicle Revenue Hours (VRH) by Route, Bus Run, and Day ■ Total Vehicle Revenue Miles (VRM) by Route, Bus Run, and Day ■ Passengers per VRH by Route and Day City of El Monte — Transit and Paratransit Operations - RFP 33 of 77 ■ Passengers per VRM by Route and Day ■ Fares categorized by Route, Bus Run, and Day ■ Wheelchair Passengers ■ Token Passengers ■ Bike Passengers ■ Free Rides (children 4 and under— two free children with each paying adult) ■ Access Services Riders (Participants only not Personal Care Attendants PCAs) ■ Rio Hondo "GO RIO" Participants ■ Employees riding free with the City Rideshare ID ■ And other data required by FTA for the National Transit Database (NTD) and the City (Fixed route transit sample El Monte Daily Trip Sheets and daily/monthly data spreadsheets are attached as Exhibit H for all data currently required). Paratransit Operating Data: • Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports the City may from time to time request related to operating performance. The following reports must be submitted ACCURATELY in hard -copy form (inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made, and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed): o Unusual Incident Report (Daily) - Daily report of any out -of -the -ordinary incidents arising in service to include, but not be limited to, disputes with or among passengers o Down Vehicle Report (As -Needed) - The Contractor shall send a Down Vehicle Report within 15 minutes of a vehicle going down while in service o Monthly Operating Summary (Monthly) — The Contractor shall submit this report with the monthly invoice. The report must include at a minimum, the following information: ■ Total Trips Requested ■ Number of Trips Requested / Number of Trips Provided ■ Trip Denials (including reason) ■ Total Passenger Boardings ■ Total Vehicle Revenue Hours City of El Monte — Transit and Paratransit Operations - RFP 34 of 77 = Me. Wn-11c•7[ac�►TIHrXE ■ Total Revenues Collected ■ Number of No-Shows/Cancels ■ Dedicated Passenger Average Trip Length ■ And other data required by the NTD and the City (Dial -A -Ride sample trip sheets and daily/monthly data spreadsheets are attached as Exhibit 1 for all data currently required) National Transit Database (Fixed Route & Paratransit) The Contractor shall gather required National Transit Database (NTD) data information throughout the year and prepare and submit data on a monthly basis to the CITY. Records and Audits Recordkeeping / Audit Controls • The following recordkeeping and audit controls must be met: o Contractor shall maintain financial records and reports relating to funds received during the contract o Contractor shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the contract o Records shall be subject to audit or inspection by duly authorized City, County, State or Federal personnel o Contractor shall maintain all books, records and other relevant documents related to the contract for four (4) years after final payment o All financial records directly related to the work performed in this contract shall be made available to the City upon request • The Contractor must keep the minimum service records in addition to others required in this proposal: o Contractor will provide access to, or copies of, daily driver trip sheets or any other operational records deemed necessary or requested by the City o Upon request, the Contractor will supply the City with Contractor's personnel policies, including reimbursement of policies for sick pay, overtime pay and wage scale. A list of current personnel will be maintained and submitted as requested by the City. The Contractor's personnel policies will be in conformance with State and Federal laws Service Accidents and Incidents Accident Reporting: City of El Monte — Transit and Paratransit Operations - RFP 35 of 77 • In the event of a traffic accident involving revenue or non -revenue equipment, immediate notification to police is mandatory. Contractor will notify the City within 10 minutes and present all necessary reports to the City within a twenty- four hour period Incidents, Service Interruption and Missed Service Reporting: • Contractor will log all incidents and service interruptions. The City will set criteria for when they must be contacted about incidents, depending on the severity of the incident. A monthly report outlining incidents, service interruptions and missed service will be provided Customer Service Customer Service Forms: • Customer comments or complaints received by the Contractor or the City will be documented on the "City of El Monte Customer Service Form." The Contractor will return to the City a written response of the Contractor's investigation/results of such comments or complaints within the time -frames specified below, unless otherwise instructed by the City: Priority 1: Contractor to provide "written results" to the City within 24 hours from the date and time of receipt of a Customer Service Form Priority 2: Contractor to provide "written results" to the City within 3 working days from the date and time of receipt of a Customer Service Form Telephone Reservation and Information System Contractor shall provide telephone equipment, all telephone information and dispatch personnel necessary to effectively respond to incoming calls at a quality and a level consistent with transit and paratransit (Dial -A -Ride) patron demand and in strict accordance with the operating days and hours set forth herein. Contractor shall make special efforts to respond to telephone service and information requests from patrons who have hearing disabilities. Contractor will provide TDD equipment for communications with patrons who have hearing disabilities and will provide the capability to receive and accommodate telephone calls from callers speaking English, Spanish, Chinese, Vietnamese and all other languages during hours when Dial -A -Ride reservations may be made. Contractor shall provide a telephone system with a minimum of three lines in rotary. A separate TDD number will need to be provided by the successful proposer. Upon termination of the agreement with the City of El Monte, the City reserves the rights to City of El Monte — Transit and Paratransit Operations - RFP 36 of 77 these telephone numbers as indicated above herein, and Contractor agrees to transfer said telephone numbers upon request. On -Time Performance — Fixed Route Transit Service The City has experienced problems with on -time performance of fixed route buses, specifically leaving bus stops before the scheduled departure times ("Running Hot"). This practice is unacceptable to the City. In order to eliminate this practice, the Contractor shall introduce a process to monitor, evaluate and ensure on -time performance for each of the five (5) routes. The Contractor shall provide a "Monitoring On -time Performance Plan" to the City to observe the drivers and ensure on -time performance. Elements of the plan may include the following: • Implement a Secret Rider program, where a secret rider boards at least one (1) bus on each of the five routes at least one (1) time per month (minimum of five trips/month) to observe on -time performance. Secret riders must board buses at different times of days (some mornings, some afternoons) with different drivers, to ensure that there is a broad view of how the drivers are meeting their on -time performance goals. Inform drivers that a Secret Rider program is being implemented, so they are aware and mindful of their schedule • Implement a Follow -Behind Program, where designated staff could follow behind at least one (1) bus on each of the five (5) routes at least one (1) time per month (minimum of five trips/ month). Follow buses at different time of day, with different drivers, to ensure that there is a broad view of how the drivers are meeting their on -time performance goals • Develop on -time performance goals for each driver and each route. Develop penalties for drivers who do not meet their on -time performance goals, which may include having discussions with Project Manager, retraining and suspension/termination for cause • Develop a Tracking Form for monitors to complete and provide to the City SERVICE STANDARDS Contractor shall strive at all times to provide service in a manner that will increase system productivity while achieving or surpassing customer service expectations. Recognizing that the goals of productivity and customer service levels may conflict, the standards set within the RFP are reasonably attainable by Contractor, fair to the customer and consistent with City expectations. At the option of the City of El Monte, the City may enforce the penalties indicated for substandard performance. Failure to enforce any penalty for any such substandard performance shall not serve to invalidate said criteria nor preclude future enforcement of City of El Monte — Transit and Paratransit Operations - RFP 37 of 77 that penalty. The City agrees that the penalties outlined in this RFP will not be enforced for the first 60 days of the Agreement. Contractor and the City shall periodically meet to evaluate performance of the system based upon standards. If the standards are not fulfilling their intended purpose, standards shall be adjusted based upon recommendations made by Contractor with concurrence and final decision by the City. Should it be found that the Contractor's performance has contributed to the Contractor's failure to achieve these standards, penalties will be assessed. PENDING ISSUES / CONSIDERATIONS The following issues, new programs and possible service changes may impact this contract and should be taken into consideration in the submission of any proposal. COVID-19 Response In response to COVID-19, a number of measures were put into place to help protect Transit Operators and customers. These measures have included: requiring face coverings (Transit Operators and customers); enhancing cleaning of buses during and after service; blocking off certain seats on vehicles; etc. The majority of the measures implemented are expected to continue as long as the pandemic continues. It is anticipated that fares and front door boarding will resume when permanent driver protective areas are installed. Electrification Plan/ Zero Emission Bus (ZEB) Acquisition The California Air Resources Board Innovative Clean Transit (ICT) Rule requires that beginning in 2026 25% of the City's transit vehicle orders must be Zero Emission Buses (ZEB), with 100% of vehicle orders by 2029, and that 100% of the fleet be ZEB by 2040. By 2023, this rule also requires that the City submit a ZEB Roll -Out Plan. During the Agreement Term, the City may purchase ZEB's; however, this is contingent upon the outcome of the study, grant funding opportunities, or direction of City Council. The selected Contractor will be expected to be able to provide the expertise and staff training necessary to successfully operate ZEB's, at no additional cost to the City. Interest in Microtransit and TNC Service Alternatives The City has been considering possible service alternatives that would utilize microtransit and Transportation Network Companies (TNCs), such as Uber and Lyft, to increase the efficiency and attractiveness of Dial -A -Ride and fixed route transit services at little or no increase in total system costs. Offerors with experience implementing and operating service City of El Monte — Transit and Paratransit Operations - RFP 38 of 77 alternatives utilizing microtransit and/or TNCs are invited to describe their experience and possible applications of these services to the City's transit program. The Contractor will strive at all times to provide service in a manner which will ensure responsive service to transit and paratransit customers, while at the same time maximize service reliability and safety. In order to identify key areas of concern to the City, various performance standards are described below for which penalty or liquidated damage fines may be assessed when service falls below the standard. "Penalty/Liquidated Damage" clauses described below may be assessed by the City no sooner than sixty (60) days after the initiation of the service. The City of El Monte's failure to assess penalties or liquidated damages shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this RFP. The City may assess penalties/liquidated damages retroactively, up to 12 months. Commencing Service In the event the Contractor fails to commence service on July 1, 2022, the Contractor shall pay the City liquidated damages in the amount of $2,500 for each service day of delay. Reservations and Customer Service The DAR reservation/customer service phone number shall be attended during Dial -A - Ride operating hours. All DAR staff must be able to clearly communicate in English. There must always be a staff member(s) immediately available who is fluent in Spanish. If Contractor's in-house staff is unable to assist residents of all languages, Contractor must utilize an interpreting service to ensure that residents' program needs are met (at the Contractor's cost). Penalty/Liquidated Damages: One Hundred Dollars ($100) per incident will be assessed if Contractor fails to provide program assistance to residents of all languages. Teleahone Hold Times 90% of calls shall be answered in less than three (3) minutes. 100% of all calls shall be answered in five (5) minutes or less. Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the performance targets listed above. City of El Monte — Transit and Paratransit Operations - RFP 39 of 77 On -Time Performance / Rerouting (Fixed Route) The City has set an on -time performance level of 95%. On -time performance is defined as departing from a scheduled time point less than one minute early and arriving at a scheduled time point no more than five (5) minutes late. The City will base the on -time performance on randomly sampled trips. Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the 95% performance target. Contractor is to inform the City with recommendation for all route detours prior to rerouting. Penalty/Liquidated Damages: One hundred dollars ($100) per incident will be assessed if Contractor fails to contact the City and receive approval prior to required re-route. Missed Service and Road Call Notification (Fixed Route) The City has set a minimum trip completion rate of 99%. This figure will be determined using figures reported by the Contractor. A trip where service was not operated will be considered missed. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target. Penalty/Liquidated Damages: Two hundred and fifty dollar ($250) per incident will be assessed if the Contractor fails to contact the City as RFP's "Road Call Notification" requires. Vehicle Replacement - Down Vehicle or Pulled Vehicle The Contractor is to immediately replace vehicles that are down and/or pulled out of service. Penalty/Liquidated Damages: Two hundred and fifty dollars ($250) per incident will be assessed if the Contractor fails to replace a vehicle that was taken out of service (no more than 2 loops missed) in a timely manner. Vehicle Out -of -Service Criteria The Contractor shall not operate any vehicle that the City, code, regulation, etc., designates/indicates/references as unsafe for service. City of El Monte — Transit and Paratransit Operations - RFP 40 of 77 Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to penalties/liquidated damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days. Penalty/Liquidated Damages: One hundred dollars ($100) per day beyond the maximum twenty-one days (21) out of service, without the City's written approval. On -Time Performance (Paratransit) The City has set an on -time performance level of 97% for paratransit. On -time performance is defined as arriving to pick up a passenger no more than five (5) minutes before, and up to 15 minutes after the scheduled pick-up time. The City will base the on - time performance on field observations and the information reported by the Contractor. Penalty/Liquidated Damages: One hundred dollars ($100) per month for each full or partial percentage point below the 97% performance target. Missed Trip (Paratransit) The City has set a trip completion target of 99% for paratransit. A missed trip will be defined as not arriving within 30 minutes of the scheduled pick-up time. The City will base the on -time performance on field observations and information reported by the Contractor. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target. Passenaers / Vehicle Revenue Hour — VRH (Paratransit The City requires that the Contractor exceed a target of two and a quarter (2.25) passengers per VRH for the first year and two and a half (2.5) passengers per VRH thereafter (monthly average). The City will base this figure on information reported by the Contractor. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for having an average of less than 2.25 passengers per VRH for the first year and two and a half (2.5) passengers per VRH thereafter. CHP Vehicle Inspection Failure (Fixed Route & Paratransit) To ensure safe, quality operations, the Contractor will be expected to pass all California Highway Patrol terminal inspections. City of El Monte — Transit and Paratransit Operations - RFP 41 of 77 Penalty/Liquidated Damages: One thousand dollars ($1,000) for each vehicle per day that fails a CHP vehicle inspection or re -inspection shall be assessed, until a satisfactory inspection report is obtained, and the vehicle is again available for service. Wheelchair Lifts (Fixed Route & Paratransit) The Contractor must maintain wheelchair lifts on all vehicles to operate in a safe manner. If a wheelchair lift malfunctions, the vehicle must be immediately removed from service and not placed back in service until repairs are made and wheelchair lift is fully and safely functioning. The City will determine compliance through Contractor reports, pullout inspections and random testing on route. Penalty/Liquidated Damages: Two -hundred -fifty dollars ($250) per occurrence if any vehicle with a malfunctioning wheelchair lift is not immediately removed from service and a replacement vehicle immediately returned to service. Complaints (Fixed Route & Paratransit) The standard for City -verified service complaints, exclusive of customer questions, comments or suggestions, will be receiving five (5) or fewer valid complaints within a calendar month. Multiple reports of the same occurrence will only count as one complaint. The City will determine compliance by tracking customer service forms. The City will make the ultimate determination if a complaint is valid. Penalty/Liquidated Damages: One thousand dollars ($1,000) per each substantiated service complaint as determined by the City, above the five (5) allowable per month. Written Responses to Comments/Complaints Contractor to provide the City with written results/responses of all customer complaints per Part I, Section B of RFP, "Customer Service." Penalty/Liquidated Damages: Two -hundred -fifty dollars ($250) per occurrence if Contractor's responses to comments/complaints are not received by the City in a timely manner as outline in the RFP. Key Personnel Retention The Key Personnel are crucial to the day-to-day operations. The City is requiring the Project Manager be 100% dedicated to the Agreement. Penalty/Liquidated Damages: Twenty -Five thousand dollars ($25,000) if any Key Personnel are reassigned or promoted to another position by the Contractor without City consent during the Agreement Term or if Project Manager is not 100% dedicated to the City of El Monte — Transit and Paratransit Operations - RFP 42 of 77 Contract (which includes tasking 100% Project Manager(s) with tasks not relating to the Contract or services and tasks outlined in the RFP). Accurate Data Submittals Contractor must provide accurate data to the City. As inaccuracies have been problematic for the City, the Contractor shall implement steps to minimize these occurrences, including: 1. As the buses do not currently have automated passenger counting systems onboard, the Contractor must provide, at a minimum, a hand tally counter for each bus. Each counter must have the ability to count for at least eight (8) different rider payment types (paying riders, free riders, access pass, etc.). 2. Developing a formal training program, including a training manual, for both new and existing drivers, on how to correctly complete the paper trip sheets, including mileage information and number of riders for each type of trip. 3. Train staff supervisor whose job it is to review and total trip sheet information, to accurately calculate and total trip sheet rows and columns, and to make any corrections to incorrect driver input prior to sending the forms to the City. In the future, the City plans to introduce on -bus technology that will automate their current manual process, in order to reduce reporting errors. Proposers with current access to automated processes may include such information in their RFP response. If Contractor fails to provide accurate data to the City by way of El Monte Trolley Daily Trip Sheets (95% accuracy rate) and monthly reports, the City will provide Contractor with a written notice requiring immediate improvement in reporting accuracy; if adequate improvement is not made within 30 days from delivery of the City's written notice to the Contractor, penalty/liquidated damages will be assessed. As the City of El Monte operates a total of five (5) routes per day for their fixed route service, 30 or 31 days per month, the City can expect to receive 150 — 155 trip sheets on a monthly basis. With a 95% accuracy rate, no more than eight (8) inaccurate trip sheets/month will be acceptable to the City. For each inaccurate trip sheet the City receives in excess of eight (8) per month, the City will impose penalty/liquidated damages. Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made, and documents/reports/trip sheets must be returned to the City within 14 days. If Contractor fails to provide documents after 14 days, the City will provide the Contractor with a written notice requiring immediate delivery of the documents; if the documents are not returned within 24 hours of the City's written notice to the Contractor, penalty/liquidated damages will be assessed. City of El Monte — Transit and Paratransit Operations - RFP 43 of 77 Penalty/Liquidated Damages: One thousand dollars ($1000) for the first month, if Contractor fails to provide accurate paperwork/data to the City. After the first occurrence, inaccurate trip sheets (eight (8) or more in a one -month period) provided to the City in subsequent months shall be assessed one thousand dollars ($1000), plus an additional two hundred and fifty dollars ($250) per inaccurate trip sheet provided by the Contractor to the City. City of El Monte — Transit and Paratransit Operations - RFP 44 of 77 II. INSTRUCTIONS, CONDITIONS AND NOTICES TO PROPOSERS A. GENERAL ADMINISTRATIVE INFORMATION The Proposer shall represent and warrant that it is sufficiently informed as to all matters affecting the performance of the work and the furnishing of labor, supplies, material or equipment called for in this proposal; that the proposal has been checked for errors and omissions, that the facts stated in the proposal are current and as intended and are a complete and correct statement of the facts stated therein for performing the work or furnishing the labor, supplies, materials or equipment required by the RFP. The Proposer waives any claim for the return of its proposal due to errors or omissions claimed to have been made in its proposal or for any other reason. Each prospective Proposer understands and agrees that the City of El Monte, its elected and appointed officers, agents, employees and volunteers shall not be liable for: • Any costs incurred by a Proposer in the preparation, delivery or presentation of a proposal. • Any costs incurred by a Proposer in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal contract with the City of El Monte. • Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Proposer in the preparation of a proposal pursuant to this RFP. • It is the Proposer responsibility to carefully examine the requirements, specifications, and conditions expressed in the RFP and fully inform themselves as to the quality and character of services required. • Any changes made to the RFP will be made only by written addendum, duly issued by the City of El Monte. All addenda will be posted on PlanetBids. • All responses to this RFP will become the property of the City of El Monte and will be retained or disposed of accordingly. • The City of El Monte is an equal opportunity employer. City of El Monte — Transit and Paratransit Operations - RFP 45 of 77 • The City of El Monte reserves the right to modify or cancel this RFP, either in part or in its entirety, and to waive any informality in a proposal when to do so would be in the best interest of the City, and to negotiate directly with any of the firms making a proposal. Nothing in this RFP or the proposal process shall be construed in any manner as obligating the City to accept any proposal. Unauthorized conditions, limitations, provisions attached to this RFP, or an incomplete package will render it non -responsive and may be cause for its rejection. No telephone, faxed or emailed proposals or modifications will be considered. The successful proposer shall abide by and obey all applicable federal, state, and city laws, including, but not limited to, the non-discrimination provisions of the laws of the United States of America, the State of California, and the City of El Monte. The Proposer to whom the Agreement is awarded shall be required to enter into a written agreement with the City of El Monte in a form approved by the City Attorney, City Council and City Manager. The RFP, or any part thereof, and the proposer's responses may be incorporated into and made a part of the final agreement; however, the City reserves the right to further negotiate the terms and conditions of the Agreement with the selected Proposer. All proposals shall be firm offers and may not be withdrawn for a period of 180 days following the deadline date for submission of proposals noted herein. All proposals submitted in response to this RFP will become the property of the City of El Monte. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information that it claims is exempt from disclosure under the Public Records Act, California Government Code Section 6250, et seq. Any Proposer claiming such an exemption must also state in its proposal that the Proposer agrees to defend any action brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party making a request, therefore. Any Proposer who fails to include such a statement shall be deemed to have waived its right to an exemption from disclosure as provided by said act. The Agreement shall be by and between the City and the Proposer and shall not be intended, nor be construed to create the relationship of agent, servant, employer/employee, partnership, joint venture, or association, as between the City and Proposer. The Skills, training, knowledge and experience of Contractor are material to the City's willingness to enter into the Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to City of El Monte — Transit and Paratransit Operations - RFP 46 of 77 be undertaken by Contractor or on behalf of Contractor in the performance of the Agreement. In recognition of this interest, Contractor agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, the Agreement or the performance of any of Contractor's duties or obligations under the Agreement without the prior written consent of the City. In the absence of City's prior written consent, any attempted assignment of transfer shall be ineffective, null and void and shall constitute a material breach of the Agreement. In the event of a dispute based upon the successful Proposer's/Proposers submission of a proposal and the City's acceptance of same and to the fullest extent permitted by law, the successful Proposer/Proposers will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the proposal in compliance with federal, state and local laws. B. PROPOSALS In addition to addressing the Scope of Services section, proposals must also include all required information, policies, procedures, manual, forms, etc., as outlined in the RFP. Proposals must be kept to 75 pages, excluding resumes, the required Forms and Appendix specified in this RFP to be returned with the Proposal Package. Further, the audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit. Background and Experience of the Proposer Discuss the overall capabilities of the company. Include a brief description of the company's history and recent relevant experience as it applies to the Scope of Services. Proposed Personnel and Management Plan The Proposer shall include an organizational chart showing the names of all proposed management staff. This shall include a "Project Manager(s)" who may be the City's central contact person on day-to-day operations for both the fixed route and paratransit services. The Fixed Route and Paratransit Manager(s) or "Project Manager(s)" shall be fully and solely dedicated to this contract for the term of the contract. A resume for the General Manager, Fixed Route Manager, Paratransit Manager, and Maintenance Manager must be included in the proposal. The resume should include the following: • Name of staff member; • Experience; • Training; City of El Monte — Transit and Paratransit Operations - RFP 47 of 77 • Total effort of staff members' time allotted to the contract expressed in percentages; and • Number of hours weekly. Employee Training: Provide a description of all employee training programs including driver, maintenance, management, reservationist, dispatch, road supervisor, and safety training. One complete copy of the driver training program and safety program must be included with the proposal. Employee Wages & Benefits: Provide the salary range and benefits for the following positions: • Fixed Route Driver • Paratransit Driver • Operations Supervisor • Reservationist • Road Supervisor • Clerk • Mechanic • Service Worker Proposer shall describe hiring policies and procedures, including approach and philosophy to minimize employee turnover and to maintain a stable work force. Staffing Levels: Provide a comprehensive list of all positions (as Full -Time Equivalent figures) and a brief description of the job assignments. Include every position to be provided within your proposal. Maintenance Program/Strategy In this section Proposers should discuss their maintenance program and strategy including: • Responding to road calls; • Warranty coverage/inventory management; • Recruitment of vehicle maintenance staff; and • Vehicle maintenance hours of operation throughout Agreement Term. Maintenance of Equipment: Describe how vehicle maintenance will be performed at the Proposer's facility during the first two years of the Contract. Outline which work will be in-house and which work will be City of El Monte — Transit and Paratransit Operations - RFP 48 of 77 performed in another manner. Provide descriptions for the type of equipment to be used for the maintenance. Maintenance Personnel: Indicate the number of personnel dedicated to maintaining all vehicles. Indicate the total number of full-time employees by position. Provide information on employee classifications and minimum qualifications. Also provide resumes for any "lead mechanics" that will be in charge when the Maintenance Manager is not onsite. Preventive Maintenance Program: Present the preventive maintenance plan including inspection classes, specific actions, and intervals; daily work assignment plan; and the procedures to insure fleet readiness and reliability. Backup Transit Bus: Indicate make and model of backup transit bus, if any, Proposer proposes to use to ensure uninterrupted fixed route transit services while maintenance is performed on City vehicles. The City to approve proposed transit bus and verify insurance coverage prior to placement into service. Dial-A-Ride/Paratransit Operation Plan Overall Operation Plan: • Proposer shall provide a description of how its company proposes to provide the City's Dial -A -Ride service. Dispatch ing/Software: Provide a description of how vehicles will be dispatched. List any software/hardware to be used for dispatching. If the system uses Global Positioning System (GPS), please mention the type of GPS technology used and whether real-time GPS data can be provided to the City. Facility/Fueling Description The Proposer shall provide a detailed description of their proposed facility(s) where non- CNG vehicles are to be fueled, where all vehicles are to be maintained, and where all vehicles are to be stored during the Agreement Term. Include the address of the facility and describe the size and features of the facility, maintenance capabilities, storage capacity and the number of vehicles to be stored there, administrative office space, security and any other significant features. The facility should meet the following minimum requirements: City of El Monte — Transit and Paratransit Operations - RFP 49 of 77 • The facility should be located within a five -mile radius of the El Monte Trolley Station located at 3679 Center Avenue, El Monte 91731. The El Monte transit buses may be called upon to provide emergency transportation during City emergencies ("Emergency Operations" under "Scope of Work"). With sufficient justification, the City will consider other locations outside this radius. Implementation/Transition Plan The Proposer shall submit an implementation/transition and operational plan and schedule. These step-by-step plans shall include, at minimum, the following: staffing, personnel training, vehicle maintenance and storage, fueling, cleaning and washing, uniforms, farebox collection, licensing and permits, insurance, road calls, accidents/incidents, documentation and reporting. Also include any and all procedures relating to the collection, recording, depositing and reporting of all cash receipts. The implementation schedule shall include all key dates and tasks that Proposer needs to complete prior to the startup date July 1, 2022. Cost Proposal Form All Proposers must complete Forms 1A through 1E, Cost Proposals (Attached). The monthly cost for each year of the contract should be used to create an annual cost for each service. List of References Proposer shall list five (5) current or former clients for whom similar or comparable services have been performed. Include the name, mailing address and telephone number of the principal contact person for the contract. Also include the dates of service, description and location of the facilities serviced and a description of the services provided. Proposer shall also provide a list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years (including expired contracts). Proposer shall provide the name of the service operated, type of service, contracting agency name and years operated. Financial Responsibility The Proposer shall provide an audited financial statement to demonstrate the financial status of the Proposer in order to provide the required services through the Agreement Term and to finance the costs of services being proposed. This financial statement shall be, at a minimum, a compiled balance sheet and income statement signed by a certified public accountant (See Part III, "Required Qualification of Proposer" for additional requirements). City of El Monte — Transit and Paratransit Operations - RFP 50 of 77 Performance Bond The Proposer shall deliver to the City, at the time of or prior to the execution of the Agreement, a Performance Bond issued by a surety company authorized to do business in the State of California in the amount of $150,000 and approved by the City's Risk Management Department. Said bond shall be conditioned upon the full and faithful performance by the Proposer of each covenant, promise, term, condition, undertaking set forth in the Agreement. The Performance Bond is attached and incorporated hereto this RFP (See Form 4). Verbal Agreement or Conversation No prior or current verbal conversations or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. Proposals which fail to provide documentation responding to all of the required items outlined in the RFP may be considered non -responsive and rejected. C. SUBMITTALS Please submit one original and five (5) copies of the proposal. Proposals are not to exceed 75 pages in length (double -sided page to count as two pages) excluding resumes, the required Forms and Appendices to be returned with the Proposal. The audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit. Please use recycled paper and print on both sides, when possible. Proposals must also include the following Forms and Appendices: 1. 1 A through 1 D (and Optional Form 1 E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial -A -Ride 2. Proposal Letter/Certificate of Acceptance 3. Proposal Check Sheet 4. Performance Bond 5. Certification Regarding Lobbying 6. False Claims/False Claims Act Certification 7. Civil Litigation History/Civil Litigation Certification 8. State of California Drug Free Workplace Certification City of El Monte — Transit and Paratransit Operations - RFP 51 of 77 9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters 10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members /_1»=1zIQ111 1. RC — DBE Instructions 2. Federal Contract Clauses 3. Compliance with Laws and Requirements All proposals must be sealed in a package showing the following information on the outside: Addressed to: City Clerk City of El Monte City Hall East 11333 Valley Boulevard El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager • Proposer's name, address, fax number, phone number and email address. • "Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022" and proposal due date. The proposal package must be mailed or delivered to the above address prior to the closing date and time for receipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted. The City reserves the right to reject all proposals for any reasons whether or not said proposals are responsive or non -responsive. The City reserves the right to reject any proposal which is non -responsive to this RFP. The City may, but shall not be required to, solicit additional information, orally or in writing, from one or more of the applicants relating to the content of their proposal. The City may, but shall not be required to, meet with one or more of the applicants prior to a preliminary selection of one or more applicants with which the City may choose to negotiate. City of El Monte — Transit and Paratransit Operations - RFP 52 of 77 D. NON -MANDATORY PRE -PROPOSAL CONFERENCE & QUESTIONS Pre -Proposal Conference A non -mandatory pre -proposal virtual conference will take place at 1:30PM Pacific Time, Thursday, October 28, 2021. The meeting will be held online using Microsoft Teams. Log -in credentials for the MS Teams meeting will be posted on PlanetBids. Bidders are strongly encouraged to participate in the pre -proposal meeting. Questions, Changes and Clarifications Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) Monday, November 1, 2021 via PlanetBlds. Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021. If the request is received within 72 hours of the pre -proposal conference, these questions may be addressed in that forum. Proceedings of the pre -proposal conference will be distributed to all known interested parties, as well as any changes, clarifications or any addenda to the RFP. E. CLOSING DATE Proposals must be received by the City of El Monte no later than 4:00 p.m., Tuesday, November 23, 2021. Late proposals will not be accepted and will be returned unopened. Proposals must be submitted in a manner addressing each and every item outlined in the RFP. The City will not accept proposals submitted by facsimile copy or electronically. Responsibility for submitting the proposal and pricing to the City on or before the above stated time is SOLELY AND STRICTLY that of the Proposer. The City will in no way be responsible for the delays in the delivery of the mail or delays caused by any other occurrence. The City will not be responsible for premature opening of proposals not properly marked. City of El Monte — Transit and Paratransit Operations - RFP 53 of 77 F. SELECTION PROCESS This section describes the selection process by which proposals will be evaluated and a selection made for a potential award. Proposals will be evaluated by an Evaluation Committee comprised of a minimum of two City staff, the City's consultant, and possibly a third -party familiar with the subject matter. The City may elect to request additional materials and/or hold additional discussions and/or interviews with Proposers determined to be within the competitive range, in order to confidently make the decision to award the contract to the Proposer whose proposal is determined to be in the overall best interest of the City of El Monte. Proposals will be evaluated based upon consideration of the criteria of "Minimum Qualifications" and "Selection Criteria." Final determination of a Proposer's qualification will be made based upon all the selection criteria and information received during the evaluation and interview process. Award will be given to a responsive and responsible Proposer for the proposal which is found to be most advantageous to the City on a "best value" basis, with price and other factors listed below considered. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking, nor award to the Proposer with the lowest cost proposal, if doing so would not be in the overall best interest of the City. The "Selection Criteria" are listed in the relative order of importance. As proposals are determined by the City to be more equivalent in their technical merits, the evaluated price becomes incrementally more important; when technical proposals are evaluated as essentially equal, price may be a deciding factor. Minimum Qualifications The following are the requirements for responsible Proposers, all of which must be met by the Proposer: • Sufficient financial strength, resources and the capability to finance the work to be performed and complete the Agreement in a satisfactory manner; • Ability to obtain required insurance, with coverage values that meet or exceed the City's minimum requirements; • Evidence that the human and physical resources will be sufficient to perform the Agreement as specified and assure the level of service required; and • Evidence that the Proposer possesses the qualifications and experience necessary to perform adequately and meet the Agreement requirements based on past performance and client references. City of El Monte — Transit and Paratransit Operations - RFP 54 of 77 Selection Criteria A City -formed Evaluation Committee will review and evaluate all proposals submitted in accordance with this RFP. Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone. This committee will use the following selection criteria to evaluate the proposals: Cost Proposal (30%) • Reasonableness of the total price and competitiveness of this amount with other offers received • Adequacy of data in support of figures quoted • Reasonableness of unit price (where applicable) • Basis on which prices are quoted • Accuracy Qualifications and Experience of Contractors/Subcontractors (30%) • Demonstrated experience in performing work of a similar nature • Safety record • Experience working with public agencies • Strength and stability of firm • Strength, stability, experience and technical competence of subcontractors (if applicable) • Demonstrated experience with projects of a similar nature to meet on -time performance and data collection requirements • Demonstrated experience in initiating a new service and adapting to changing service requirements • Demonstrated experience with unique technologies present, including CNG- fueled vehicles and real-time arrival information technology • Demonstrated experience in compliance with all applicable federal, state and local codes, rules and regulations • References with demonstrated success in providing similar services • Assessment of client references and information provided Responsiveness of Proposal to RFP / Work Plan (20%) • Depth of Proposer's understanding of the City's requirements as set forth in the Scope of Work and within this RFP • Overall quality of the work -plan • Logic, clarity and specificity of the work -plan • Appropriateness of labor distribution among the activities • Ability to meet all service start dates City of El Monte — Transit and Paratransit Operations - RFP 55 of 77 • Reasonableness of service operations as proposed • Proposed Implementation/start-up plan and schedule • Bus cleaning program • Preventive maintenance program • Facility location and amenities • Training program • Safety program • Quality control and quality assurance programs • Utility of suggested technological innovations • Producing required forms, manuals, procedures and miscellaneous information Qualifications of Project and Management Staff (20%) • Qualifications and experience of project staff, particularly Key Personnel • Key personnel's level of involvement in performing related work outlined in the Proposer's background and experience • Overall quality of the staffing plan • Labor relations record • Employee selection and retention program • Disciplinary program • Concurrence in the restrictions on changes in managers ("Key Personnel") • Wage and benefit levels paid to employees Interview Process The City may conduct interviews with all Proposers submitting a complete and responsive proposal, if required. These interviews will be approximately one hour in length. The City will have a panel comprised of City staff, the City's consultant who is assisting in this process, and, if available, expert(s) from other entities in the fixed route and paratransit fields. All Key Personnel must attend (or participate in) the Proposer interview. A Proposer may protest a proposal award if he/she believes that the award was inconsistent with City policy or the proposal's specifications or was not in compliance with State or Federal law or guidelines. A protest must be filed in writing with the City Manager or her designee within five (5) business days after webpage posting of recommended Contract award. The Proposer shall submit all documents supporting or justifying the protest. A Proposer's failure to file City of El Monte — Transit and Paratransit Operations - RFP 56 of 77 a timely protest shall constitute waiver of his/her rights to protest the award of the Contract. Any Proposer submitting a proposal may file a protest of the City's intent to award the Contract, provided that each and all of the following conditions are met: • The protest must be submitted in writing to the City Clerk's Office (e-mailed protests will not be accepted) before 5:00 p.m. of the fifth business day following the webpage posting of recommended Contract award • The initial protest document must contain a complete statement of any and all bases for the protest including, without limitation, all facts, supporting documentation, legal authorities and argument(s) in support of the grounds for the protest; any matters not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence • The protest must refer to the specific portions of all documents which form the basis of the protest • The protest must include the name, address and telephone number of the person representing the protesting party The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced with an appropriate link. Protests shall be submitted in accordance with the requirements of this RFP and any directions included in the solicitation. Protests shall be addressed to the Director of Public Works or designee. The Director of Public Works or designee shall be responsible for overseeing the decision process and for the content of the decision. The Public Works Director shall ensure that all relevant parties within City have been involved in the decision -making process and shall, as circumstances require, obtain the concurrence of the City Manager or other personnel in a decision prior to its issuance. City may decide a protest solely upon the written submission. The protest submission should, therefore, include all materials necessary to support the protester's position. If the procurement uses federal funds, a notice of receipt of a protest must be given to the appropriate FTA regional office. City of El Monte — Transit and Paratransit Operations - RFP 57 of 77 The procedure and time limits set forth in this Section are mandatory and are the Proposer's sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute waiver of any right to further pursue the protest, including filing a California Government Code Claim or legal proceeding. H. DRAFT AGREEMENT The successful Proposer to whom an award is made will be required to enter into an Agreement with City substantially similar to the Sample Agreement provided as Exhibit G to the RFP. This RFP and the selected Proposer's proposal package will be made a part of the ultimate Agreement. Execution of Agreement If the Proposer is an individual, he or she shall execute the Agreement personally. If the Proposer is a partnership, the Agreement shall be executed by all partners, or by a managing general partner lawfully empowered to bind the partnership. If the Proposer is a corporation, two officers of the corporation must execute it, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written agreements for and on behalf of the corporation. If the Proposer is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other officials who have full and proper authorization to do so. I. VEHICLE LEASE TERMS Basic Lease Terms The Agreement contemplates and encompasses a lease of city -owned vehicles to the successful proposer. Initially, the City hereby leases to the Contractor seven (7) transit - style buses, five (5) paratransit vans and one (1) paratransit bus (collectively, the "buses" or individually, a "bus"), which shall be dedicated and used by the Contractor solely and exclusively for the purpose of providing the public mass transportation service set forth in the Agreement. Under no circumstances, may the Contractor use the aforementioned buses for any purpose other than the purpose set forth in the Agreement. The buses may not be used or operated in any other jurisdiction other than the City of El Monte and may not be used in the service of any other persons or entities other than those persons contemplated under the Agreement. The vehicle identification numbers of the buses are attached and incorporated hereto as Exhibit F. The Parties acknowledge, understand and agree that the Agreement is inclusive of the City's related RFP and the Contractor's corresponding response to the RFP. City of El Monte — Transit and Paratransit Operations - RFP 58 of 77 Vehicle Lease Term The lease of City vehicles to the successful Proposer will commence no sooner than the Effective Date of the Agreement and terminates automatically at the termination or expiration of the Agreement or any extension term of the Agreement. Contractor shall deliver possession of the City vehicles to the City promptly upon the termination of the Agreement, but in no event later than five (5) days following the effective date of the termination. Compensation In consideration for the City's lease of the buses, the Contractor shall pay the City the sum of One Dollar ($1.00). Maintenance, Repairs and Operating Expense Consistent with any and all maintenance requirements set forth in the Agreement or any extension, amendment or modification thereto (including the RFP), Contractor shall pay for all maintenance and repairs to keep the buses in good working order and condition and shall pay any other expenses associated with operating the vehicle. Contractor shall comply with all maintenance requirements set forth in the Agreement, and upon the termination of the Agreement shall return the buses to the City in good condition, with no excessive or unacceptable wear and use. Wear and Use Standards Excessive or unacceptable wear and use includes, but is not limited to: a. glass breakage or discoloration b. damage or deterioration of body, fenders, metal work, trim or paint c. torn dash, floor covers, seats, upholstery or interior work d. any wheels or tires that are missing or not in safe condition, or e. any damage that makes the vehicle either unsafe or unlawful to operate Vehicle Insurance Contractor shall comply with all insurance requirements set forth in the Agreement or any extension thereto, including any insurance required under the RFP. Theft Destruction and Substitution The Contractor assumes full responsibility for the theft, loss or destruction of the buses or any one of them while under Contractors' possession or control, including but not limited to those periods in which the buses are being operated by Contractor. In the event City of El Monte — Transit and Paratransit Operations - RFP 59 of 77 of such theft, loss or destruction to the buses or any one of them, Contractor shall be required to compensate City for the full replacement cost of the vehicle. Inspection (a) City may, but does not assume the obligation to, inspect the buses at any time. If City asks to inspect a bus, Contractor will advise City in writing of the location of the bus and allow the inspection. If the bus is damaged or there is excessive or unacceptable wear and use, City will decide if the bus is reasonably repairable. If the bus is reasonably repairable, Contractor shall promptly have the necessary repairs made. (b) Contractor further agrees to pay for a third -party inspection of the buses upon their return to City by Contractor following the expiration or termination of this Agreement or any extension of the same. Contractor agrees to pay for all such repairs recommended by the third -party inspector in order to bring the vehicle into good operating condition. If Contractor cannot reasonably comply with this paragraph within the five-day period for the return of the buses, Contractor shall notify City of the need for additional time. City in its sole discretion may grant such additional time as may be needed to return the buses in good condition, provided the grant of such additional time is made in writing. Contractor's failure to return the buses to City within the five-day return period, absent timely notification to the City of the need for additional time, and approval, shall constitute an event of default and a material breach of this Agreement. npfai it Contractor's failure to comply with or perform any term, condition or duty of this Agreement or any extension, amendment or modification thereto shall constitute an event of default. If Contractor is in default, City may pursue any and all rights and remedies provided by law, including the right to sue Contractor for damages and/or recovery of the buses or any one of them as set forth in the template of the Agreement which is attached to this RFP. =:111 ._ •t The Contractor will also be bound to the indemnification duties set forth in the template of the Agreement which is attached to this RFP. J. FEDERAL FUNDING REQUIREMENTS At any time during the Term of the Agreement or any extension term thereof, City may secure FTA grant funding to supplement funding used to compensate Contractor for the services contemplated in this RFP and sample Agreement. To facilitate the City's ability to apply such funding to the services and tasks contemplated under the RFP and sample Agreement, the City and Contractor (hereinafter, the "Parties") agree to at all times comply with those specific federal statutes and regulations, as the same may be amended City of El Monte — Transit and Paratransit Operations - RFP 60 of 77 from time to time, referenced and described in the FTA Grant Requirements (the "FTA Grant Requirements") which are incorporated hereto as Appendix 2. By its submission of a proposal in response to the RFP and by the execution of the Agreement, each Proposer acknowledges, represents and agrees that the Proposer has reviewed the FTA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditions; and will diligently keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same. K. COMPLIANCE WITH LAWS AND REQUIREMENTS In performance of the services described herein, the Parties shall comply with all applicable federal, state and local laws and requirements including, but not limited to: Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. The complete text for compliance with laws and requirements is presented in Appendix 3. City of El Monte — Transit and Paratransit Operations - RFP 61 of 77 III. REQUIREMENTS AND REQUIRED QUALIFICATIONS OF PROPOSERS Proposals for the management and operation of the Fixed Route Transit and Dial -A -Ride services will be evaluated by CITY to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to all of the required items set out below, and in the RFP, may be considered non -responsive and will be rejected. A. Experience In order to be considered eligible and qualified, Proposer must have a minimum of five (5) years of experience in the field of providing public transportation services for systems similar to that contemplated herein. The Proposer should demonstrate familiarity with the management and operation of Fixed Route and Paratransit Dial -A -Ride services, including all related tasks such as vehicle control and dispatch, training, safety, vehicle maintenance, etc. The Proposer must have the capability to provide qualified personnel to manage and operate the City of El Monte Fixed Route Transit and Dial -A -Ride services. A statement of qualifications demonstrating the foregoing and listing the Proposer's experience in the public transit field, together with the names, addresses and telephone numbers of at least five (5) other clients for whom similar services are being provided, shall be furnished with the proposal. B. Organization The Proposer should submit a description of the firm's organizational structure, history, legal status (i.e., partnership, corporation, etc.), list of owners and officers, capabilities and experience and management philosophy. The City is particularly interested in the Proposer's approach to managing local fixed route transit and paratransit Dial -a -Ride operations, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the Proposer's firm is involved. C. Resource Allocation Proposer's proposed allocation of contract resources must demonstrate an understanding of Scope of Services requirements as described in this RFP and attachments thereto. Proposer must submit a detailed budget breakdown on the COST PROPOSAL FORMS. City of El Monte — Transit and Paratransit Operations - RFP 62 of 77 D. Staffing Proposer shall at all times be responsible for maintaining appropriate staffing levels, employing sufficient, qualified and properly trained personnel to perform the management, administrative, call -taking, scheduling and dispatch, operating and maintenance functions necessary to operate El Monte's transit and paratransit/Dial-A- Ride operations. The Proposer must submit a proposed staffing plan and organization chart indicating all management and staff employee positions, the number of full-time equivalent employees at each position (full-time equivalent employee) and salary and benefit schedules for each employee classification. The staffing plan must include the resumes of all key personnel proposed for the contract, including vehicle maintenance supervision, showing all relevant education, training and experience. Proposer should also describe other personnel to the extent that their particular experience, skill and availability will affect the performance of this contract. Proposer should also specifically address any technical resources and staff that will be available to assist with their local management at no additional cost to the City. Proposer shall ensure that all employees operating transit service vehicles, administering the reservations, scheduling and dispatch and maintaining the revenue vehicles are trained to competence as appropriate for their positions and responsibilities. E. Hiring and Personnel Policies The Proposer shall use appropriate screening and selection criteria for employing personnel. Criteria shall include the California Department of Motor Vehicles (DMV) records, criminal background checks, pre -employment drug screening and physicals of all employees assigned to the City's contracted programs. Personnel policies shall help ensure that all employees perform their duties in a safe, legal, courteous and professional manner at all times. Proposer shall provide the City with a copy of its employee handbook. F. Accounting and Reporting The Proposer must propose an adequate management information system to implement and maintain data collection, accounting and reporting requirements as specified in the Agreement (Exhibit G) and the RFP. City of El Monte — Transit and Paratransit Operations - RFP 63 of 77 G. Financial Responsibility Proposer shall provide a financial statement for the business entity submitting the proposal, as prepared by a certified public accountant, for its prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate that the Proposer possesses adequate financial ability and stability to enable the Proposer to fulfill its obligations in connection with the management and operation of Fixed Route Transit and Paratransit/Dial-A-Ride services under the terms of the agreement to be executed with the City. The City makes no representation that it will be able to maintain the confidentiality of proposers' financial information. A Proposer that submits financial information which it asks to have treated as confidential should submit a statement justifying its treatment as confidential under the California Public Records Act, citing relevant sections of the Act, and label it as a separate exhibit, clearly identified as confidential as a trade secret or otherwise and cross- referenced in the proposal. City reserves the right to require a Proposer which has deficiencies with respect to the City's criteria for financial strength and stability to provide financial information regarding one or more principals or guarantors of Proposer, which principals or guarantors, upon approval by City, would be required to execute a guaranty of Proposer's obligations upon award of the contract. H. Reservations & Dispatch Function Proposer's proposal shall describe and detail how paratransit Dial -a -Ride service trip requests, cancellations and inquiries, and general requests for transit information will be answered. The proposal shall specify the technology and systems to be used to record, organize and maintain paratransit Dial -a -Ride service client records, trip reservations and dispatch records. Proposals shall also detail the languages that the Proposer's reservations/dispatch center staff will be able to immediately support and how callers using other languages will be accommodated and how quickly such language services will be able to respond. All Proposer's must have reservation/dispatch center staff fluent in English and Spanish, with immediate access to outside interpreters for all other languages. I. Equipment The Proposer shall provide all equipment other than service vehicles to operate the City's Fixed Route Transit and Dial -A -Ride services. City of El Monte — Transit and Paratransit Operations - RFP 64 of 77 J. Maintenance, Storage and Refueling of Vehicles Each proposal shall specify the location where the Proposer contemplates maintaining and storing all vehicles, including Fixed Route Transit service buses, paratransit vans and buses owned by the City. The Proposer's proposal shall identify and describe the features of the proposed facility. At a minimum, such facility should have all the requirements as set forth in Part I, Section B (Scope of Services). Each Proposer shall disclose in its proposal the legal status of any and all facilities identified in support of its proposal, that is, whether the facility is presently owned or leased by Proposer or whether there is guarantee that the stated facility will be available for the Fixed Route Transit and Dial -A -Ride services. The foregoing notwithstanding, the City's Fixed Route Transit service buses shall be refueled at the City's facility located at 3629 Cypress Avenue in El Monte, unless otherwise instructed by the City. K. Maintenance Program The Proposer must have the capability to carry out the complete maintenance program as outlined in this RFP. The Proposer must document in the proposal its maintenance record -keeping and accounting system, and procedures for administering a preventive maintenance program. L. Safety Program Proposer must have an ongoing, comprehensive safety program that shall be documented and described in the proposal. Each proposal shall include a copy of any written polices of the Proposer which set forth the Proposer's ongoing, comprehensive safety program. M. Screening and Selection Program Each proposal must describe and document the Proposer's screening program for vehicle operator's employees including the Proposer's substance abuse/alcohol abuse screening program. Each Proposer shall include a copy of any written policies which set forth the Proposer's screening program. N. Training and Retraining Program Each PROPOSER must have a training program that will assure that all personnel will meet satisfactory standards and knowledge for performing Fixed Route Transit and Dial -A -Ride services. The training program must be documented in the City of El Monte — Transit and Paratransit Operations - RFP 65 of 77 proposal, and each proposal shall explain how replacement personnel to accommodate turnover are to be trained without detriment to the transit and paratransit programs or the quality of training. The Proposer shall include a copy of any written policies of Proposer that set forth the Proposer's training program. O. Data Collection Proposer shall describe and detail how it will meet or exceed all data collection, record -keeping, and reporting requirements specified herein. P. Innovation and Route Reconfiguration Proposer shall describe their ability and experience working with cities on innovations such as applications for real-time bus arrivals, route maps, and schedule; and on route reconfiguration. Q. Implementation/Transition Plan and Time Schedule Each Proposer shall submit an implementation/transition plan and time schedule setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of contract award through the first full month of system operations under the new Agreement. The time schedule must demonstrate how the transition to the new Proposer on July 1, 2022, will be accomplished with no disruption to the overall transit and paratransit programs. City of El Monte — Transit and Paratransit Operations - RFP 66 of 77 IV. CONTRACTOR DUTIES AND RESPONSIBILITIES: MAINTENANCE Contractor shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of vehicles and equipment used in the performance of its agreement with the City. The omission of a duty or responsibility herein below shall not relieve the Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating public transit and paratransit systems. Contractor's duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation without explicit written City approval. A. Maintenance — General Contractor shall be responsible for the maintenance of all vehicles, communication systems, on -board camera and data collection systems, farebox system, and all other equipment, furnishings, and accessories required in connection with its operation of El Monte's transit and paratransit services in a clean, safe, sound, and operable condition at all times, and fully in accordance with any manufacturer - recommended maintenance procedures and specifications, as well as with the applicable requirements of any federal or state statute or regulation. In this regard, Contractor shall provide all labor, repairs, parts, supplies, maintenance tools and equipment, lubricants, solvents, service facilities and such other components and services which may be required to fulfill its maintenance responsibilities, at Contractor's sole cost and expense. B. Maintenance and Operations Facility Contractor shall establish and maintain an operations and maintenance facility per the RFP. In addition to those requirements, said facility shall, at a minimum, meet the following requirements to support the maintenance of transit and paratransit vehicles used in the performance of the agreement with the City: • All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for gasoline and CNG powered vehicles. • All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs. • Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications. City of El Monte — Transit and Paratransit Operations - RFP 67 of 77 C. Maintenance Management and Personnel 1. Maintenance Management Contractor shall designate and provide the services of a qualified Maintenance Manager, subject to the approval of the City. This individual may be the lead mechanic and shall be assigned to the maintenance operations of the Contractor on an acceptable fleet to mechanic ratio. The Maintenance Manager shall provide proactive resource management including but not limited to preventive maintenance scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of the Contractor's maintenance duties and responsibilities. The Maintenance Manager shall have a minimum of three (3) years' experience managing and supervising the maintenance functions of a shop similar in size and complexity to the services herein described. The Maintenance Manager shall have a minimum of five (5) years journeyman level experience with gasoline and CNG engines, air conditioning systems, wheelchair lifts and farebox systems. This experience shall include work on vehicles similar to those used in the City of El Monte transit services. Should the services of the Maintenance Manager become unavailable to the Contractor, the resume and qualifications of the proposed replacement shall be submitted to City for approval as soon as possible, but in no event later than five (5) working days prior to the departure of then incumbent Maintenance Manager, unless Contractor is not provided with such notice by the departing employee, in which case said resume and qualifications will be provided to the City within 5 days of the Manager's departure. The City shall respond to the Contractor within five (5) working days following receipt of these qualifications concerning acceptance of the candidate for replacement of the Maintenance Manager. 2. Maintenance Personnel In addition to the Maintenance Manager, the Contractor shall hire and employ other maintenance and service personnel as necessary to properly maintain and service the vehicles used in the performance of the agreement with the City. Maintenance personnel assigned to work on vehicles and equipment used by Contractor shall have the necessary skills to: a. Conduct preventive maintenance inspections and complete associated paperwork; City of El Monte — Transit and Paratransit Operations - RFP 68 of 77 b. Inspect vehicle engines, transmissions, and other mechanical, electrical and electronic parts and components; C. Diagnose vehicle engine, transmission, electrical and electronic component system problems; and d. Repair vehicle engines, transmissions, and other mechanical, electrical and electronic parts and components. D. Preventive Maintenance Contractor shall document and submit a proactive preventive maintenance program for review and approval by the City prior to the effective date of the Agreement. As a minimum, the Contractor's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry and shall be sufficient so as not to invalidate or lessen warranty coverage of any El Monte Transit vehicle or associated equipment. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause to defer maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of scheduled maintenance. The Contractor shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles, nor shall service be curtailed for the purpose of performing maintenance without prior written consent of the City. Preventive maintenance and running repairs shall receive first priority in the use of the Contractor's maintenance resources. The Contractor shall adjust the work schedules of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule approved by the City. E. General Maintenance Policies • All wheelchair lift -related equipment shall be inspected, serviced and lubricated at intervals necessary to ensure that the wheelchair lifts are fully operational whenever the vehicle is used in revenue service. • Brake inspections and adjustments shall be performed at intervals that ensure the safe and efficient operation of the braking system. • All components of the vehicle bodies, appurtenances and frames shall be maintained in a safe, sound and undamaged condition at all times. • All mechanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a safe and fully functional, as designed, condition at all times. • The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment and exhaust system of the vehicle. City of El Monte — Transit and Paratransit Operations - RFP 69 of 77 • Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to ensure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times on all in-service hours. The Contractor shall maintain the A/C systems in an operable condition throughout the entire year. • All parts, materials, tires, lubricants, fluids, oils and procedures used by the Contractor on all vehicles and equipment shall meet or exceed OEM Specifications and requirements. F. Daily Vehicle Servicing Contractor shall perform daily vehicle servicing to all vehicles and equipment used in revenue service. Daily servicing shall include, but not be limited to: • Fueling • Engine oil, coolant, water and transmission fluid check/add • Farebox check • Wheelchair lift check • Brake and brake line check • Light and Flasher check • Interior sweeping and dusting • Exterior and interior visual inspection • Check all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for City and California Highway Patrol review. This checklist requirement may incorporate, or supplement CHP required driver's pre -trip safety inspections. G. Daily Driver's Inspection 13 CCR 1234 lists the records required by regulation to be kept by motor vehicle carriers. Section 1234, 13 CCR reads, in part: (e) Daily Vehicle Inspection Reports: Motor carriers shall require drivers to submit a documented daily vehicle inspection report pursuant to section 1215(b). Reports shall be carefully examined, defects shall be corrected before the vehicle is driven on the highway and carriers shall retain such reports. 13 CCR 1215 (a) reads: "Prior to operation, the driver shall inspect each vehicle daily to ascertain that it is in safe condition, it is equipped as required by all provisions of law, and all equipment is in good working order." The requirement to perform a daily City of El Monte — Transit and Paratransit Operations - RFP 70 of 77 pre -trip inspection applies to all drivers of all vehicles listed in 34500 CVC, without exception. There is no legal provision for this task to be delegated to someone other than the driver, such as to a mechanic who may arrive at work early to start all of the vehicles and "check them out." The Drivers Daily Vehicle Inspection Report is not required to be submitted or otherwise documented until the end of the driver's work period. This is so that any defects that become apparent during the course of the work period can be included in the report. This report is required whether or not any defects are found. H. Vehicle Cleaning Contractor shall maintain all vehicles in a clean and neat condition at all times. Any damage to seat upholstery and graffiti shall be repaired/removed immediately upon discovery. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Vehicles shall be kept free of vermin and insects at all times. Contractor shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe and non -hazardous materials. Contractor shall perform complete vehicle detailing on each vehicle, twice per year on a schedule approved by the City. Detailing shall include, at a minimum: the cleaning of all interior surfaces using an appropriate cleaner and treatment using an appropriate protectant; cleaning of the vehicle exterior followed by the application of an appropriate polish and wax; and cleaning, polishing and treatment of all wheels, rims and tires. Contractor shall schedule vehicle detailing in a manner that does not adversely affect service operations. Contractor shall fuel all Fixed Route transit vehicles belonging to City and used by the Contractor in the performance of the Agreement with the City. Contractor shall be responsible for all fueling costs associated with the vehicles belonging to the City and used by the Contractor in the performance of the Agreement with the City for paratransit Dial -A -Ride vehicles. City of El Monte — Transit and Paratransit Operations - RFP 71 of 77 Contractor shall maintain accurate records of all fuel utilized for fueling revenue vehicles. J. Vehicle Towing In the event that towing of any vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor' sole expense. K. Emissions Control Programs Contractor shall perform and certify such tests of equipment required to meet City, other local, state, and federal requirements related to exhaust smoke and engine emissions. Contractor shall be responsible to maintain any applicable California Air Resources Board (CARB) Voluntary Compliance Program objectives subject to El Monte Transit and Paratransit operations. Contractor shall be responsible for administration of a Smog Check program for El Monte Transit and Paratransit program vehicles. Contractor shall be responsible for emissions testing and shall further be responsible to conduct repairs as required to meet emissions standards. L. Maintenance Evaluations Contractor shall allow City access to Contractor's facilities and records to monitor Contractor's maintenance performance, as City deems necessary. City may perform regular, unannounced maintenance inspections of vehicles and equipment maintained by Contractor that are used in this project using both City personnel and independent consultants to assist in determining the Contractor's maintenance performance. City shall be permitted to view and copy any vehicle maintenance records, inspect vehicles and equipment, and request the Contractor's personnel to drive vehicles as is necessary to evaluate the condition of vehicles and equipment used in the performance of the Contractor's agreement with the City. M. Out -of -Service Designation A vehicle shall be designated as unfit for revenue service if, upon inspection, any of the following conditions are found: • Brakes out of adjustment City of El Monte — Transit and Paratransit Operations - RFP 72 of 77 • Loose steering components • Wheelchair lift and related equipment not functioning properly • Air conditioner unable to maintain a reasonable and comfortable temperature • Heating or defrosting inoperable • "Missed" Preventive Maintenance Inspection • Tires with tread depth of less than 2/32" for back tires and 4/32" for front tires • Failure to clean each vehicle as outlined above • Failure to repair vehicle body damage within twenty-one days of the date damage occurred • Inoperable Emergency Exits/Doors/Windows • Inoperable two-way radio • Inoperable farebox • Failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343) • Removal from road -worthy status by CHP of any vehicle used under the agreement with City • Any condition not in compliance with ADA • Any condition not in compliance with applicable federal or state regulations Vehicles shall continue to have the Out -of -Service Designation until it is brought into compliance, subject to approval by the City. Contractor shall not be paid for hours operated in revenue service by vehicles that are in an Out -of -Service condition. City may, at its sole discretion, correct any unresolved Out -of -Service condition and withhold the costs related to such correction(s) from payment to the successful proposer. N. Maintenance Records and Reports Contractor shall prepare, maintain, make available to City, and reduce to written form, records and data relative to vehicles and equipment maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner so as to fulfill any applicable state or federal requirements, as well as any needs of City to enable it to accurately evaluate Contractor's maintenance performance and the operating expense associated with various vehicles and equipment. Records of all maintenance and inspections shall be made available to the City, the CHP and/or such other regulatory agencies with jurisdiction when requested. City maintains the right to inspect, examine and test, at any reasonable time, any vehicles City of El Monte — Transit and Paratransit Operations - RFP 73 of 77 used in performance of the Agreement and any equipment used in the performance of maintenance work in order to ensure compliance with the Agreement. Such inspection shall not relieve the successful proposer of the obligation to continually monitor the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. Contractor shall transport any or all vehicles and equipment to any required inspection facilities when requested. In the event that the successful proposer is instructed by the City or any other regulatory agency to remove any equipment from service due to mechanical reasons, Contractor shall make any and all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is again placed in service. Contractor shall prepare maintenance records and reports in a form and according to a schedule approved by the City. Such records and reports shall include, but not be limited to, the following: • Daily vehicle inspection and servicing checklist • Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed • Road call reports, or work order, for each road call identifying date and time, vehicle number, problem and mileage of vehicle • Monthly vehicle summary to be included as part of the Monthly Management Report, listing, at a minimum, the operation status of each vehicle, vehicle mileage, vehicle mileage since last preventive maintenance inspection, vehicle fuel and lubricants consumption, vehicle road calls and maintenance or repair work done during that month • Semi-annual fleet summary listing each vehicle: vehicle mileage; vehicle year-to- date total miles; vehicle year-to-date fuel consumption and miles per gallon; vehicle year-to-date maintenance costs and cost per mile; route service, total road calls and miles per road call • Contractor's summary of maintenance problems, particularly components with high incidences of in-service failures and steps taken or recommendations to reduce such problems and in-service failures Contractor shall submit to the City copies of the California Highway Patrol (CHP) Annual Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343a) within one (1) business day of the conclusion of any such CHP inspection. Contractor shall attain satisfactory rating in each category of the Safety Compliance Report (maintenance records, driver records, regulated equipment and terminal). City of El Monte — Transit and Paratransit Operations - RFP 74 of 77 Contractor shall expeditiously correct any deficiencies noted on any CHP vehicle inspection report. Receipt of an unsatisfactory rating on a CHP terminal inspection may constitute grounds for penalties/liquidated damages by the City, up to and including contract termination. O. Vehicle Maintenance Recordkeeping Contractor shall maintain an up-to-date vehicle file for each vehicle containing, at a minimum, the following information: • Make • Model • Serial number/ fleet number • License number • Date received • Date placed in service • Life miles • Vehicle repairs • Preventive Maintenance Inspection Reports • Daily "Vehicle Condition" Reports • Work Orders The "Preventive Maintenance Inspection" Reports shall be kept indefinitely and provided to the City at the end of the contract. Daily "Vehicle Condition" Reports shall be kept indefinitely and provided to the City at the end of the contract. Copies of the "Preventive Maintenance Inspection" Reports shall be made available to the City upon request, including all work accomplished with the manufacturer's instructions and warranty conditions and daily "Vehicle Condition" Reports. Contractor shall submit the entire vehicle file to the City upon request and upon expiration or termination of this agreement. P. Environmental Compliance For the purposes of this Section: "Applicable Environmental Laws" means any and all laws concerning the protection of human health and the environment which include, but will not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, City of El Monte — Transit and Paratransit Operations - RFP 75 of 77 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. 300f through 300j; as they have been or will be amended from time to time, and the regulations implementing such statutes; and any similar state, county, municipal or other local laws and ordinances concerning the protection of human health and the environment and the regulations implementing such statutes. "Hazardous Substance(s)" means any substance, material, chemical or waste that is or will be listed or defined as hazardous, toxic or dangerous under any Applicable Environmental Law, or any petroleum products, or any substance, material, chemical or waste which is or may become, directly or indirectly, by chemical reaction or otherwise, hazardous, toxic or dangerous to life, health, property or the environment by reason of toxicity, flammability, explosiveness, corrosiveness or any other reasons. In performing its maintenance obligations under this Contract, Contractor shall be responsible for the proper storage, handling, use, transportation and disposal of all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other petroleum products. Contractor shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, in the event that Contractor engages the services of a disposal company for the transportation and disposal of any Hazardous Substances, Contractor shall ensure that such company is properly licensed and that it transports and disposes of Hazardous Substances in accordance with the terms of this Contract, applicable codes and/or regulations, etc. Contractor shall maintain procedures for its employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein. Q. ADA Compliance In the performance of its agreement with the City, the Contractor shall ensure compliance at all times with the Provision of Service requirements of the Americans with Disabilities Act [37 CFR Subpart G, Sections 37.161 through 37.167] including, but not limited to: • Maintenance of accessible features • Keeping vehicle lifts in operative condition • Lift and securement use • Assisting individuals with disabilities in use of securement systems, ramps and lifts City of El Monte — Transit and Paratransit Operations - RFP 76 of 77 • Permitting individuals who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle • Announcing of stops on fixed route buses • Permitting service animals to accompany individuals with disabilities in vehicles and facilities • Making available adequate information concerning transportation services in accessible formats or technology • Not prohibiting an individual with a disability from traveling with a respirator or portable oxygen supply • Ensuring that adequate time is allowed for individuals with disabilities to complete boarding or disembarking from the vehicle • Adhering to the City's Reasonable Modification (Exhibit K) City of El Monte — Transit and Paratransit Operations - RFP 77 of 77 EXHIBIT A Route Maps & Time Schedules City of El Monte J1, Transportation Services Division BIU49 Rcpute� Monday m Sunday DAYS Trolley Santa Anita Bryant Peck Cogswell Ramona Ramona Tyler Trolley OF Station & & & & & & & Station SERVICE Bryant Elrovia Hemlock Emery Durfee Peck Ramona Monday - Friday 6:00 a 6:04 a 6:08 a 6:12 a 6:18 a 6:23 a 6:29 a 6:35 a 6:40 a Monday - Friday 6:50 a 6:54 a 6:58 a 7:02 a 7:08 a 7:13 a 7:19 a 7:25 a 7:30 a Monday - Friday 7:40 a 7:44 a 7:48 a 7:52 a 7:58 a 8:03 a 8:09 a 8:15 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:38 a 8:42 a 8:48 a 8:53 a 8:59 a 9:05 a 9:10 a at' 9:20 a 9:24 a 9:28 a 9:32 a 9:38 a 9:43 a 9:49 a 9:55 a 10:00 a onday- 10:10 a 10:14 a 10:18 a 10:22 a 10:28 a 10:33 a 10:39 a 10:45 a 10:50 a Monday ......... stun 11:00 a 11:04 a 11:08 a 11:12 a 11:18 a 11:23 a 11:29 a 11:35 a 11:40 a nd y", .......... tun..A a 11:50 a 11:54 a 11:58 a 12:02 p 12:08 p 12:13 p 12:19 p 12:25 p 12:30 p ,Monday" Sat on. 12:40 p 12:44 p 12:48 p 12:52 p 12:58 p 1:03 p 1:09 p 1:15 p 1:20 p WbndaY 1:30 p 1:34 p 1:38 p 1:42 p 1:48 p 1:53 p 1:59 p 2:05 p 2:10 p Monday =. .......... " ........................ Su 2:20 p 2:24 p 2:28 p 2:32 p 2:38 p 2:43 p 2:49 p 2:55 p 3:00 p Mpndj,3y . ..... . . . . . . ....... ........ . s 3:10 p 3:14 p 3:18 p 3:22 p 3:28 p 3:33 p 3:39 p 3:45 p 3:50 p Monday 4:00 P 4:04 p 4:08 p 4:12 p 4:18 p 4:23 p 4:29 p 4:35 p 4:40 p oq, -Md,a satis. 4:50 p 4:54 p 4:58 p 5:02 p 5:08 p 5:13 p 5:19 p 5:25 p 5:30 p Monday Sat 46. 5:40 p 5:44 p 5:48 p 5:52 p 5:58 p 6:03 p 6:09 p 6:15 p 6:20 p Monday- Friday 6:30 p 1 6:34 p 1 6:38 p 1 6:42 p 1 6:48 p 1 6:53 p 1 6:59 p 1 7:05 p .10 1 7] There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. - 5:00 p.m. M -k- .,...,a...®.. Time Points • Fare: 5 years and older .500; 1. El Monte Trolley Station 4 years and under are free with each 2. Santa Anita Ave. & Bryant Rd. paying adult (two maximum). 3. Bryant Rd. & Elrovia Ave. 4. Peck Rd. & Hemlock St. • Trolley Tokens are sold in Value Packs 5. Cogswell Rd. & Emery St. to provide greater savings to our riders. 6. Ramona Blvd. & Durfee Ave. 7. Ramona Blvd. & Peck Rd. ➢ $20 Value Pack - 44 tokens ($22 Value) 8. Tyler Ave. & Ramona Blvd. ➢ $10 Value Pack - 22 tokens ($11 Value) 9. El Monte Trolley Station ➢ $5 Token Pack - 10 tokens ($5 Value) Buses are: . Wheelchair accessible w Bicycle accessible • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCY khac, hay lien lac so (626) 448-4909/(626) 580-2217 •�ARY�(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. �` City of EI Monte Transportation Services Division Aqd� M DAYS Trolley Valley Lexington Merced Rio Hondo Tyler Ramona Trolley OF SERVICE Station & Mt View & Garvey & Towneway & Mildred & Ramona & Santa Anita Station Monday - Friday 6:00 a 6:07 a 6:15 a 6:20 a 6:24 a 6:28 a 6:30 a 6:32 a Monday - Friday 6:50 a 6:57 a 7:05 a 7:10 a 7:14 a 7:18 a 7:20 a 7:22 a Monday - Friday 7:40 a 7:47 a 7:55 a 8:00 a 8:04 a 8:08 a 8:10 a 8:12 a Monday - Friday 8:30 a 8:37 a 8:45 a 8:50 a 8:54 a 8:58 a 9:00 a 9:02 a . . . Mo,6cl4y,, . .. . sw�,-SJ, 9:20 a 9:27 a 9:35 a 9:40 a 9:44 a 9:48 a 9:50 a 9:52 a mooclal� 1, "Satisu 10:10 a 10:17 a 10:25 a 10:30 a 10:34 a 10:38 a 10:40 a 10:42 a Montla _y 11111twsu " n. 11:00 a 11:07 a 11:15 a 11:20 a 11:24 a 11:28 a 11:30 a 11:32 a llll6ttday, ij, n' 11:50 a 11:57 a 12:05 p 12:10 p 12:14 p 12:18 p 12:20 p 12:22 p /11116nday . ......... "n,." 12:40 p 12:47 p 12:55 p 1:00 p 1:04 p 1:08 p 1:10 p 1:12 p Monday - I? Aun. 1:30 p 1:37 p 1:45 p 1:50 p 1:54 p 1:58 p 2:00 p 2:02 p ..... ohd4y", . M sat n,. 2:20 p 2:27 p 2:35 p 2:40 p 2:44 p 2:48 p 2:50 p 2:52 p ti n. 3:10 p 3:17 p 3:25 p 3:30 p 3:34 p 3:38 p 3:40 p 3:42 p 'Mondily 4:00 p 4:07 p 4:15 p 4:20 p 4:24 p 4:28 p 4:30 p 4:32 p Monday- 4:50 p 4:57p 5:05 p 5:10 p 5:14 p 5:18 p 5:20 p 5:22 p Monday snt tour,;: 5:40 p 5:47 p 5:55 p 6:00 p 6:04 p 6:08 p 6:10 p 6:1 Monday - Friday 6:30 p 6:37 p 6:45 p 6:50 p 6:54 p 6:58 p 7:00 p 7:02 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit Rev. 9121 Map is on back. Time Points 1. El Monte Trolley Station 2. Valley Blvd. & Mt. View Rd. 3. Lexington Ave. & Garvey Ave. 4. Merced Ave. & Towneway Dr. 5. Rio Hondo Pkwy. & Mildred St. 6. Tyler Ave. & Ramona Blvd. 7. Ramona Blvd. & Santa Anita Ave. 8. El Monte Trolley Station Buses are: .r Wheelchair accessible Bicycle accessible • Fare: 5 years and older .500; 4 years and under are free with each paying adult (two maximum). • Trolley Tokens are sold in Value Packs to provide greater savings to our riders. • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCr khac, hay lien lac so (626) 448-4909/(626) 580-2217 • J�NVAftaQ 'YY TR(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. City of EI Monte Transportation Services Division Orange Route Monday m Sunday DAYS Trolley Peck Ferris Magnolia Klingerman Garvey Tyler Trolley OF SERVICE Station & Ramona & Durfee & Parkway & Peck & Tyler & Valley Mail Station Monday - Friday 6:00 a 6:04 a 6:10 a 6:16 a 6:24 a 6:31 a 6:35 a 6:40 a Monday- 6:50 a 6:54 a 7:00 a 7:06 a 7:14 a 7:21 a 7:25 a 7:30 a -Friday Monday - Friday 7:40 a 7:44 a 7:50 a 7:56 a 8:04 a 8:11 a 8:15 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:40 a 8:46 a 8:54 a 9: 01 a 9:05 a 9:10 a "Monday,-. fzt:un. 9:20 a 9:24 a 9:30 a 9:36 a 9:44 a 9:51 a 9:55 a 10:00 a M, ohday',74 10:10 a 10:14 a 10:20 a 10:26 a 10:34 a 10:41 a 10:45 a 10:50 a Monday un. 11:00 a 11:04 a 11:10 a 11:16 a 11:24 a 11:31 a 11:35 a 11:40 a Monday- 11:50 a 11:54 a 12:00 p 12:06 p 12:14 p 12:21 p 12:25 p 12:30 p Monday . .. . . . . . . . . . . . . . . . . . . . . un,. 12:40 p 12:44 p 12:50 p 12:56 p 1:04 p 1:11 P 1:15 P 1-20 p Monday _/ :1's6n- 1:30 p 1:34 p 1:40 p 1:46 p 1:54 p 2: 01 p 2:05 p iMonday 2:20 p 2:24 p 2:30 p 2:36 p 2:44 p 2:51 p 2:55 p 3:00 p 3:10 p 3:14 p 3:20 p 3:26 p 3:34 p 3:41 p 3:45 p 3:50 p I'Monclay,- Sate , 4:00 p 4:04 p 4:10 p 4:16 p 4:24 p 4:31 p 4:35 p 4:40 p Monday - S ati$un, 4:50 p 4:54 p 5:00 p 5:06 p 5:14 p 5:21 p 5:25 p 5:30 p 5:40 p 5:44 p 5:50 p 5:56 p 6:04 p 6:11 p 6:15 p 6:20 p Monday - Friday 6:30 p 6:34 p 6:40 p 6:46 p 6:54 p 7: 01 p 7:05 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMontgCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change For transit connections, please visit: www.google.com/transit Rev. 9/21 f I - __ - - - __ I- - -I Ivanp AD Via LFCPJIL. J Time Points 1. El Monte Trolley Station 2. Peck Rd & Ramona Blvd. 3. Ferris Rd. & Durfee Ave. 4. Magnolia St. & Parkway Dr. 5. Klingerman St. & Peck Rd. 6. Garvey Ave. & Tyler Ave. 7. Tyler Ave. & Valley Mall 8. El Monte Trolley Station Buses are: Wheelchair accessible Bicycle accessible • Fare: 5 years and older .50¢; 4 years and under are free with each paying adult (two maximum). • Trolley Tokens are sold in Value Packs to provide greater savings to our riders. • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngix khac, hay lien lac so (626) 448-4909/(626) 580-2217 • �9XT nu ffi _k'- AM a(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. T�L@11 lh=-111111F�-Ij DAYS Trolley Valley Blvd. Bisby Arden Way Lower Azusa Hemlock McGirk Tyler & Ramona & Trolley OF SERVICE Station & Arden & Arden & Lower & Cedar & Peck & Cypress Valley Mall Santa Anita Station Azusa Monday - Friday 6:00 a 6:04 a 6:07 a 6:11 a 6:18 a 6:23 a 6:27 a 6:32 a 6:36 a 6:40 a Monday - Friday 6:50 a 6:54 a 6:57 a 7: 01 a 7:08 a 7:13 a 7:17 a 7:22 a 7:26 a 7:30 a Monday - Friday 7:40 a 7:44 a 7:47 a 7:51 a 7:58 a 8:03 a 8:07 a 8:12 a 8:16 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:37 a 8:41 a 8:48 a 8:53 a 8:57 a 9:02 a 9:06 a 9:10 a Monday'' T I ,,sotJSun. 9:20 a 9:24 a 9:27 a 9:31 a 9:38 a 9:43 a 9:47 a 9:52 a 9:56 a 10:00 a ,'Monday - S' ni. , 10:10 a 10:14 a 10:17 a 10:21 a 10:28 a 10:33 a 10:37 a 10:42 a 10:46 a 10:50 a ,-Nlonclay- 11:00 a 11:04 a 11:07 a 11:11 a 11:18 a 11:23 a 11:27 a 11:32 a 11:36 a 11:40 a Pin, Ay A A - ,at 11:50 a 11:54 a 11:57 a 12:01 p 12:08 p 12:13 p 12:17 p 12:22 p 12:26 p 12:30 p 12:40 p 12:44 p 12:47 p 12:51 p 12:58 p 1:03 p 1:07 p 1:12 p 1:16 p 1:20 p Monday - s n. 1:30 p 1:34 p 1:37 p 1: 41 p 1:48 p 1:53 p 1:57 p 2:02 p 2:06 p 2:10 p vo n day, 2:20 p 2:24 p 2:27 p 2:31 p 2:38 p 2:43 p 2:47 p 2:52 p 2:56 p 3:00 p Monday, y "n . . . . . . . . . . . i 3:10 p 3:14 p 3:17 p 3:21 p 3:28 p 3:33 p 3:37 p 3:42 p 3:46 p 3:50 p atn. 4:00 p 4:04 p 4:07 p 4:11 p 4:18 p 4:23 p 4:27 p 4:32 p 4:36 p 4:40 p "xn. 4:50 p 4:54 p 4:57 p 5: 01 p 5:08 p 5:13 p 5:17 p 5:22 p 5:26 p 5:30 p M*nday,- $atis 0, 5:40 p 5:44 p 5:47 p 5:51 p 5:58 p 6:03 p 6:07 p 6:12 p 6:16 p 6:20 p Monday - Friday 6:30 p 6:34 p 6:37 p 6:41 p 6:48 p 6:53 p 6:57 p 7:02 p 7:06 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.go Trolley Station Office Hours: Monday - Thursday 8:00 a.m. - 5:00 p.m. Saturday & Sunday 9:30 a.m. - 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit R- 9/21 Map is on back. Time Points • Fare: 5 years and older .50¢; 1. El Monte Trolley Station 4 years and under are free with each 2. Valley Blvd. & Arden Dr. paying adult (two maximum). 3. Bisby & Arden Dr. 4. Arden Way & Lower Azusa Rd. • Trolley Tokens are sold in Value Packs 5. Lower Azusa Rd. & Cedar Ave. to provide greater savings to our riders. 6. Hemlock St. & Peck Rd. 7. McGirk Ave. & Cypress Ave. ➢ $20 Value Pack - 44 tokens ($22 Value) 8. Tyler Ave. & Valley Mall ➢ $10 Value Pack - 22 tokens ($11 Value) 9. Ramona Blvd. & Santa Anita Ave. ➢ $5 Token Pack - 10 tokens ($5 Value) 10. El Monte Trolley Station Buses are: Wheelchair accessible Bicycle accessible G • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informaci6n en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCx khac, hay lien lac so (626) 448-4909/(626) 580-2217 • T p ffi AEG � 0�Y�M(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. City of El Monte Transportation Services Division VY n4e I I I reTW". A ink - T4 19T)UP I M DAYS Trolley Elliott Fineview Parkway Maxson Valley Valley Trolley OF SERVICE Station & Tyler & Durfee & Magnolia & Elliott & Mtn. View & Johnson Station Monday - Friday 6:00 a 6:06 a 6:12 a 6:18 a 6:24 a 6:31 a 6:34 a 6:40 a Monday - Friday 6:50 a 6:56 a 7:02 a 7:08 a 7:14 a 7:21 a 7:24 a 7:30 a Monday - Friday 7:40 a 7:46 a 7:52 a 7:58 a 8:04 a 8:11 a 8:14 a 8:20 a Monday - Friday 8:30 a 8:36 a 8:42 a 8:48 a 8:54 a 9:01 a 9:04 a 9:10 a ft 6da"y,�" PR , Sat.'Isd 6. 9:20 a 9:26 a 9:32 a 9:38 a 9:44 a 9:51 a 9:54 a 10:00 a ,Wl cl onj ay,— /$"un. 10:10 a 10:16 a 10:22 a 10:28 a 10:34 a 10:41 a 10:44 a 10:50 a Monday . at, tin 11:00 a 11:06 a 11:12 a 11:18 a 11:24 a 11:31 a 11:34 a 11:40 a M'.6 n'da' y 11:50 a 11:56 a 12:02 p 12:08 p 12:14 p 12:21 p 12:24 p 12:30 p M 12:40 p 12:46 p 12:52 p 12:58 p 1:04 p 1:11 p 1:14 p 1:20 p ,Monday.- .............. . s4t-ISun. 1:30 p 1:36 p 1:42 p 1:48 p 1:54 p 2: 01 p 2:04 p 2:10 p 'Montay-,", i .,i.iun 2:20 p 2:26 p 2:32 p 2:38 p 2:44 p 2:51 p 2:54 p 3:00 p 0 "d - n, Py . . . . . . . . Szitf 3:10 p 3:16 p 3:22 p 3:28 p 3:34 p 3:41 p 3:44 p 3:50 p Monday- At./sun. 4:00 p 4:06 p 4:12 p 4:18 p 4:24 p 4:31 p 4:34 p 4:40 p sat un. 4:50 p 4:56 p 5:02 p 5:08 p 5:14 p 5:21 p 5:24 p 5:30 p on d 5:40 p 5:46 p 5:52 p 5:58 p 6:04 p 6:11 p 6:14 p 6:20 p Monday - Friday 6:30 p 6:36 p 6:42 p 6:48 p 6:54 p 7:01 p 7:04 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit Rev. 9121 Map is on back Time Points • Fare: 5 years and older .50¢; 1. El Monte Trolley Station 4 years and under are free with each 2. Elliott Ave. & Tyler Ave. paying adult (two maximum). 3. Fineview St. & Durfee Ave. 4. Parkway Dr. & Magnolia St. • Trolley Tokens are sold in Value Packs 5. Maxson Rd. & Elliott Ave. to provide greater savings to our riders. 6. Valley Blvd. & Mountain View Rd. 7. Valley Blvd. & Johnson Ave. ➢ $20 Value Pack - 44 tokens ($22 Value) 8. El Monte Trolley Station ➢ $10 Value Pack - 22 tokens ($11 Value) ➢ $5 Token Pac -D1-1ens ($5 Value) Buses are: Wheelchair accessible.Bicycle accessible • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCr khac, hay lien lac so (626) 448-4909/(626) 580-2217 •Tt✓h a R �iP7 AEG a(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. Dial -A -Ride Program Handout t �m e PUBLIC WORKS DEPARTMENT TRANSPORTATION SERVICES DIVISION 3990 Arden Drive El Monte, California 91731 (626) 580-2217 0 0 A ' •' " • The City of El Monte offers a Dial -A -Ride service for Senior Citizens (55 years of age and older) and disabled (any age) residents of El Monte. If you are disabled and under the age of 55 you must obtain a Physician's Verification Form from the Transportation Office and have your physician complete the form and return it to our office with your completed Dial -A -Ride application. If your disability is a temporary disability please have your doctor state duration of disability on the Physician's Verification. Please note that this service is a curb -to -curb service, and our drivers are able to assist clients in and out of the vehicle only. To apply for a Dial -A -Ride card or to report any service problems with the Dial -A -Ride Program, please call the Transportation Office at (626) 580-2217, Monday through Thursday, between the hours of 6:00 a.m. and 4:30 p.m. To arrange for transportation, you may call Dial -A -Ride directly at (626) 307-3224. When calling the number on your card for transportation, please provide your Dial -A -Ride I.D. number, located on the front of your card in the lower left-hand corner. You must present your Dial -A -Ride card to the driver prior to departure for your scheduled trip. The driver may refuse service if you do not have your card with you. Please report lost or stolen cards to this office so that it can be voided and a new card issued. Also, please contact the Transportation Office to report a change of address. Personal Care Attendant "PCA": Personal Care Attendants will travel with their designated Dial -A -Ride participant free of charge. All participants who require a Personal Care Attendant will not be permitted to travel without their PCA. Eligibility for "Personal Care Attendant Required" participants and their PCA will be determined at the time of registration. ESCORTS: If you are in need of assistance for traveling purposes, your escort must also apply for and be issued a Dial -A -Ride card. Escorts may only use Dial -A -Ride when they are accompanying a valid Dial -A -Ride cardholder. Escorts are required to pay the appropriate fare. If you will be escorting a Dial -A -Ride participant that is a minor child six years or younger under the weight of 60 pounds, you are responsible for providing the required safety seat for that child. IN -TOWN: Dial -A -Ride service hours are 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. 4:00 p.m. Saturday and Sunday. Dial -A -Ride's in -town transportation fee is $0.50 each way. • There will be no service on the following holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. • Christmas Eve and New Year's Eve service will end at 5:00 p.m. OUT-OF-TOWN: Out -of -Town Dial -A -Ride service is available Monday through Friday. Pick-ups begin at 8:00 a.m. and the last pick-up will be at 4:30 p.m. Out-of-town service is limited to a five -mile radius outside of El Monte City Hall and is limited to medical appointments only. This service is provided on a reservation basis only; reservations must be made 24 hours in advance. There may be up to a one -hour response time for pick-ups for this service. Dial -A -Ride's out-of-town transportation fee is $1.00 each way. MOBILITY ASSISTANCE: For Citizens in need of a wheelchair -lift van, service is available for both out-of-town and in -town service. When calling Dial -A -Ride for transportation, please advise the dispatcher of your request for a wheelchair - lift van. We recommend that you call 24 hours in advance to assure availability. If you are in need of assistance to maneuver your wheelchair, you must have a personal care attendant or escort to assist you (see "PERSONAL CARE ATTENDANT" and/or "ESCORT" section above). Please call (626) 580-2217 for service information in alternative formats, such as large print, braille and verbal assistance. Thank you for choosing the City of El Monte's Dial -A -Ride Service. Rev. 8-11-21 EXHIBIT C Dial -A -Ride Service Area Map EXHIBIT D Out -of -Town Trip Generators Out -of -Town Trip Generators Listed below is a brief description of Dial -A -Ride Out -of -Town Service Area and Trip Generators. Out-of-town service is provided for medical services only. The trip generators are a variety of medical facilities approximately 5 miles from the El Monte City Hall. This has been established as all of the City of Baldwin Park, Temple City, the City of Rosemead and medical facilities within the following boundaries: NORTH as far as Santa Anita Ave and Santa Clara Street in Arcadia Includes: Methodist Hospital, various medical offices NORTHWEST as far as Las Tunas and Mission Road in San Gabriel Includes: San Gabriel Medical Center NORTHEAST as far as the City of Hope National Medical Center EAST as far as Cameron Street and Sunset in West Covina Includes: Kaiser Hospital/ Medical Centers; Queen of the Valley Hospital SOUTHEAST as far as Valley Blvd and Proctor Ave in the City of Industry Includes: No frequent trip generators at this time SOUTH as far as Workman Mill Road and Beverly Blvd in the City of Whittier Includes: Greater El Monte Hospital WEST as far as Garfield Avenue and Garvey Blvd in Montebello Includes: Beverly Hospital, various medical offices along Garfield EXHIBIT E "Transit Operator's Notice" of Reasonable Modification/ Accommodation Requirements for Fixed Route Services . . .. ..... OPERATOR NOTICE FTA approved new regulation regarding { �E "Reasonable Modification/Accommodation Requirements for Fixed Route Services" EFFECTIVE JULYI3 2015 New Federal Reeulation: • Allows customers to request a modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize. • Requests may be made in service or in advance. • A request may be denied if it meets one of four (4) criteria. • July 13, 2015, is the implementation date. • Must designate at least one person to coordinate efforts to comply. • Information must be made available to public (fully accessible process). • Not required to use term "reasonable modification." • Operators may consult with management before making a determination. Please ensure that all ADA instructions are followed as previously trained, but also know that customers will be able to request modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize. Requests may be made in service or in advance. City staff is currently preparing policies and procedures for review and approval outlining implementation of new ADA requirements: Request process, request determination process, approval/denial codes, complaint process, etc., ensuring compliance with new FTA regulation. Compliance complaints are to be directed to the City of El Monte Transportation Services Division at (626) 580-2217 or 3990 Arden Drive, El Monte, CA 91731 until further notice. ALL DRIVERS ARE TO BEGIN: Assisting customers with disabilities: • Review requests to provide accommodations that assist customers with disabilities in use of services that they otherwise would be unable to utilize (It's about access, not convenience). Example of accommodations or modification: Requests that would be APPROVED: 1. Allow customer with diabetes or other medical issues to eat and drink on the bus. 2. Allow customers to take medication; administer insulin injections/conduct finger stick blood test. 3. Allow customer to board separately from their device if they exceed weight capacity of wheelchair ramp. ALL DENIALS FOR REASONABLE MODIFICATION/ACCOMODATIONS MUST BE APPROVED BY YOUR SUPERVISOR. Requests may be denied for the following reasons ONLY: 1. Fundamentally alters the nature of the service. 2. Creates a direct threat to the health and safety of others (urine, feces). 3. Results in an undue financial burden. 4. Individual is still able to fully use services if modification/accommodation is denied. Page 1 of 3 ..... OPERATOR NOTICE FTA approved new regulation regarding { . . .. �E "Reasonable Modification/Accommodation Requirements for Fixed Route Services" '- �f„ EFFECTIVE JI Ly 13 2015 o Example 1—Fundamentally altering service: Requests that would be DENIED: 1. Takes bus off its route for a pick-up/drop-off. 2. Flag down/mid-block pick-up/drop-off; location unrelated to a bus stop. 3. Operator caring for service animals. 4. Operator providing a personal care attendant. 5. Hand carrying a customer or their mobility device. 6. Customer boards pushing wheelchair with bags in seat. 7. Requests a partial wheelchair securement. o Example 2 —Creates a direct threat to health/safety of others: Requests would be DENIED: 1. Allowing a customer using a cart to block the aisle. 2. A customer boarding with an uncontrolled animal. 3. Lap and shoulder belt without wheelchair securement. 4. Exceeding size/number of oxygen tanks (policy to soon be in place will limit tanks to one large or two small tanks due to space (Exceptions may be made per supervisor approval). o Example 3 —Undue Financial Burden: Request would be DENIED: 1. Providing services beyond normal operating hours or to areas not currently served by your service (extending operating route or times) o Example 4 —If a customer is able to fully use service without modification/ accommodation the reauest may be DENIED: Request would be DENIED: Request for a special stop at a location 100 feet closer to destination when current stop is fully accessible. Operator's additional assistance required with customers with disabilities: 1. If a request is made in service, operator to contact dispatcher for guidance, if necessary. 2. Once policy is in writing and in place, customers are to be encouraged to make requests in advance using the request form to ensure there will be no delay in service operator may have to contact dispatch and wait for direction from a supervisor. Examples of policies that will soon be placed in writing to accommodate customers with disabilities which you should now follow: 1. Board/alight near a stop impacted by construction, parked cars, etc. 2. Handle fare for a customer with a disability (if they cannot reach the farebox you will assist by placing their fare in the farebox for them). Page 2 of 3 . . .. ..... OPERATOR NOTICE FTA approved new regulation regarding { �E "Reasonable Modification/Accommodation Requirements for Fixed Route Services" EFFECTIVE JULY 13, 2015 3. Drivers are to assist a customer with a disability with their packages. (AS THERE CURRENTLY IS NOT A POLICY IN PLACE FOR THE NUMBER OF ALLOWABLE ITEMS/PACKAGES TO BE CARRIED ONTO THE BUS, PLEASE INFORM ALL PASSENGERS THAT ITEMS/PACKAGES MUST FIT WITHIN THEIR IMMEDIATE AREA). BEGIN IMMEDIATELY — OPERATOR TO ANNOUNCE STOP LOCATION AND ROUTE: When one or more individuals are standing at a designated City bus stop that also serves other transit agencies (MTA and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route — Passengers are no longer required to flag the driver down! When one or more individuals are standing at a City bus stop, drivers are to stop and announce the stop location and route —Passengers are no longer required to flag the driver down! To ensure ADA compliance, MTA will place "MYSTERY RIDERS" on City buses and will report back deficiencies, requiring immediate remedy. Print Name Signature Date Page 3 of 3 EXHIBIT F City -Owned Vehicle List CITY -OWNED TRANSPORTATION SERVICES VEHICLE LIST Vehicle Asset Year Make & Model Fuel Brakes VIN # GVWR Ending Vehicle Vehicle Capacity ID No. Mileage Length (FY2020-21) 29 passengers or 1 53 2016 El Dorado National t CNG Air 1 N9MNALG2GC084137 34,000 lbs. 158,042 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 2 54 2016 El Dorado National t CNG Air 1 N9MNALG4GC084138 34,000 lbs. 117,992 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 3 55 2016 t El Dorado National CNG Air 1 N9MNALG6GC084139 34,000 lbs. 155,533 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 4 56 2016 El Dorado National t CNG Air 1 N9MNALG2GC084140 34,000 lbs. 99,107 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 5 57 2016 t El Dorado National CNG Air 1 N9MNALG4GC084141 34,000 lbs. 144,736 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 6 58 2016 El Dorado National t CNG Air 1 N9MNALG6GC084142 34,000 lbs. 120,397 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 7 59 2016 t El Dorado National CNG Air 1 N9MNALG8GC084143 34,000 lbs. 163,254 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 21 passengers or 17 + 2 8 4435 2017 Ford E-450 Starcraft Gasoline Hydraulic 1 FDFE4FS8HDC49335 14,500 lbs. 48,705 24 wheelchair or 19 + 1 Allstar wheelchair 5 passengers or 3 9 4436 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C69GM100436 6,600 lbs. 47,354 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 10 4451 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C60GM10051 6,600 lbs. 52,164 20 passengers w/ 2 1 DX (ADA Van) 1 wheelchairs 5 passengers or 3 11 4458 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C64GM100358 6,600 lbs. 55,728 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 12 4461 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C64GM100361 6,600 lbs. 59,128 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 13 4481 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C67GM100581 6,600 lbs. 48,142 20 passengers w/ 2 DX (ADA Van) wheelchairs EXHIBIT G Sample - City Master Agreement Contract No. 2021 CONTRACT SERVICES AGREEMENT (Contractor: INSERT NAME) (Nature of Engagement: Fixed -Route Transit and Paratransit Dial -A -Ride Services) THIS CONTRACT SERVICES AGREEMENT (hereina entered into this day of CITY OF EL MONTE, a municipal corporation CONTRACTOR NAME (hereinafter, "CONTRACT Agreement, CITY and CONTRACTOR may be refer term "Parties." The capitalized term "Party" may interchangeably. WHEREAS, CITY is a munici of California, with power to contract WHEREAS, on or ab for the complete managen Transit and Paratransit Dial MB WHEREAS, CI'P experience and expert contemplated under this WHEREAS, the ( Council at its Regular M reement") is made and 21 by and between the (hereinafter, "CITY") and INSERT OR"). For the purposes of this red to collectively by the capitalized refer to CITY or CONTRACTOR iized under the laws of the State ry to achieve its purpose; and mber of 2021, CITY issued a Request for Proposals itenance and operation of the City's Fixed -Route ervices (hereinafter "2021 RFP"); and ise to the 2021 RFP, CONTRACTOR submitted a proposal; aff has determined that CONTRACTOR possess the skills, required to competently provide the services and tasks ,eement; and cation of this Agreement was approved by the El Monte City Ing of 1 2021 under Agenda Item No. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: SECTION 1. TERM. A. This Agreement shall have a term of five (5) years commencing from the effective date that this Agreement is fully executed ("hereinafter, "Effective Date"). Upon the agreement of both Parties and upon approval of City Council, and subject to the same terms and conditions, this Agreement may be extended for a maximum of three (3) one (1) year extensions. Nothing in this Section shall operate to prohibit Contract No. or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 21, below. 64 : LOA 0 M ki F-M *01 : J 4 M ; M : I Z11 FA 161 A Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with complete management, maintenance and operation of the City's Fixed -Route Transit and Paratransit Dial -A -Ride Services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY's "Request for Proposals Transit and Paratransit Operations" (hereinafter the "CITY RFP") and the written proposal of CONTRACTOR entitled "INSERT TITLE OF PROPOSAL" (hereinafter, the "CONTRACTOR PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control. B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY. C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (I) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (III) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein. D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product Contract No. prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment. E. CONTRACTOR shall perform the Work continuously and with due diligence. CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents. F. CONTRACTOR shall at all times enforce strict discipline and good order among CONSULTANT's employees. G. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law. SECTION 3. COMPENSATION. A. CITY shall compensation CONTRACTOR for the Fixed -Route transit services — only in accordance with the annual hourly services rates set forth in CONTRACTOR's INSERT DATE "INSERT TITLE OF COST PROPOSAL FOR FIXED -ROUTE - ONLY" (hereinafter "Cost Proposal for Fixed -Route - Only"), which is attached and incoroorated hereto as Exhibit "C". B. CITY shall compensate CONTRACTOR for the Dial-A-Ride/Para services - only in accordance with the annual hourly billing rate set forth in CONTRACTOR's INSERT DATE "INSERT TITLE OF COST PROPOSAL FOR DIAL-A-RIDE/PARA — ONLY" (hereinafter "Cost Proposal for Dial-A-Ride/Para - Only"), which is attached and incorporated hereto as Exhibit "ll)". C. CITY shall compensate CONTRACTOR for the Fixed -Route services - combined in accordance with the annual hourly billina rate set forth in CONTRACTOR's (hereinafter "Cost Proposal for Fixed -Route — Combined"), which is incorporated hereto as "Exhibit E". D. CITY shall compensate CONTRACTOR for the Dial -A -Ride services -combined in accordance with the annual hourly billina rate set forth in CONTRACTOR's - COMBINED" (hereinafter "Cost Proposal for Dial -A -Ride/ Para — Combined"), which is attached and incorporated hereto as "Exhibit V. E. CITY shall compensate CONTRACTOR for the Dial -A -Ride per trip - optional in accordance with the annual per trip rate set forth in CONTRACTOR's INSERT TRIP - OPTIONAL" (hereinafter "Cost Proposal for Dial-A-Ride/Para Per -Trip — Optional"), which is attached and incorporated hereto as "Exhibit G". F. Section 3(A) through (E) notwithstanding, CONTRACTOR's total compensation for the performance of all Work contemplated during the initial five (5) year term of this 3 Contract No. Agreement, shall not exceed the total budgeted aggregate sum of INSERT TOTAL AMOUNT (hereinafter, the "Not -to -Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and approved by the City Council. In the event CONTRACTOR's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONTRACTOR's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. G. PAYMENT OF COMPENSATION: The Not -to -Exceed Sum shall be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out -to -pocket expenses incurred. If the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. In the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in the recently concluded month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within twelve (12) calendar months of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amount included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amount included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR, except as provided in Section 3(E), "Liquidated Damages," below and as outlined in the CITY RFP. H. LIQUIDATED DAMAGES: The Parties recognize that providing safe, timely and reliable transit services is an essential part of CONTRACTOR's performance under this Agreement and that CONTRACTOR's failure to continuously meet performance standards will cause incalculable damage to CITY and transit system patrons. Accordingly, the amount of liquidated damages which CONTRACTOR shall be required to pay is described in the Penalties/Liquidated Damages Form which is attached and incorporated hereto as Exhibit "H". SECTION 4. BUS LEASE. A. BASIC TERMS: 1. In order to facilitate CONTRACTOR's performance of the Work, CITY hereby leases to CONTRACTOR the following : (a) seven (7) transit -style buses; (b) five (5) paratransit vans and one (1) paratransit bus (collectively, the "Buses" or individually, a "Bus"), which shall be dedicated and used by the CONTRACTOR solely and exclusively for the purpose of providing the public transit service contemplated under this Agreement and as more 4 Contract No. particularly set for in the Scope of Services. Vehicle Identification Numbers (hereinafter "Vehicle Identification Numbers") of the Buses are attached and incorporated hereto as "Exhibit "I". 2. Under no circumstances, may CONTRACTOR use the Buses for any purpose other than the purposes set in this Agreement. The Buses may not be used or operated in any other jurisdiction other than the City of El Monte and may not be used in the service of any other persons or entities other than CITY and its riders. 3. CONTRACTOR shall deliver possession of the Buses to the City promptly upon the expiration or termination of this Agreement but in no event later than five (5) days following the effective date of the expiration or termination of this Agreement, as applicable. 4. Only CONTRACTOR and CONTRACTOR's employees are authorized to operate the Buses. CONTRACTOR covenants and agrees: (a) that it shall keep the Buses free of all fines, Liens and encumbrances; and ('b) to pay any such fines or remove any such liens and encumbrances immediately. 5. If CONTRACTOR fails to comply with the terms of the Agreement, CITY may pay to remove or settle any such fines, liens or encumbrances and any amounts so paid by CITY shall be offset against any compensation otherwise owed to CONTRACTOR under Section 3, above. CONTRACTOR covenants and agrees that CONTRACTOR will use the Buses in a manner that is illegal, improper, or for hire. CONTRACTOR may not remove the Buses from the County of Los Angeles, CONTRACTOR may not alter, mark or install equipment or sticker/decals on or in the Buses without CITY's prior written consent or where applicable, the consent of the El Monte City Council. B. COMPENSATION: In consideration for CITY's lease of the Buses, CONTRACTOR shall pay CITY the sum of One Dollar ($1.00) for the initial term of this Agreement. C. MAINTENANCE REPAIRS AND OPERATING EXPENSES: CONTRACTOR shall be responsible for all maintenance and repair costs required to keep the Buses in good working order and condition as well as any other expenses associated with operating the Buses. Upon expiration or termination of this Agreement, CONTRACTOR shall return the Buses to the CITY in good condition with no excessive or unacceptable wear and use as described in Section 4(D), below. I. WEAR AND USE STANDARDS: Excessive or unacceptable wear and use includes but is not limited to: (a) glass breakage or discoloration; (b) damage or deterioration of body, fenders, metal work, trim, or paint; (c) torn dash, floor covers, seats, upholstery or interior work; (d) any wheels or tires that are missing or not in a safe condition; or (e) any damage that makes the vehicle either unsafe or unlawful to operate. Contract No. J. THEFT DESTRUCTION AND SUBSTITUTION: CONTRACTOR assumes full responsibility for the theft, loss or destruction of the Buses or any one of them while under CONTRACTOR's possession or control, including, but not limited to, those periods in which the Buses are being operated by CONTRACTOR. In the vent of such theft, loss or destruction of the Buses, or any one of them, CONTRACTOR shall be required to compensate CITY for the full replacement cost of the Bus or Buses. K. OWNERSHIP: The Parties acknowledge and understand that at all times CITY remains the owner of the Buses. CONTRACTOR may not and shall not transfer, sublease, rent or do anything to interfere with CITY's ownership of the Buses without CITY's prior written consent. CONTRACTOR shall execute any and all additional documentation as CITY may request or deem necessary in order to demonstrate and establish CITY's ownership interest in the Buses. L. SUBLEASING: CONTRACTOR shall not sublease any of the Buses without the prior written consent of the CITY. If CITY, at its sole discretion, permits CONTRACTOR to sublease any of the Buses, CONTRACTOR shall ensure that any sublease agreement contains a provision making the sublease subject to all relevant provisions set forth in this Agreement, including provisions relating to insurance requirements and Indemnification. M. INSPECTION: 1. CITY may, but does not assume, the obligation to inspect the Buses at any time. If CITY asks to inspect a Bus, CONTRACTOR will advise CITY in writing of the location of the Bus and allow the inspection. If upon inspection, CITY determines that one of the Buses is damaged or there is excessive or unacceptable wear and use, CITY, in its sole discretion, will decide if the Bus may reasonably be repaired. If CITY determines a Bus is reasonably repairable, CONTRACTOR shall promptly have the necessary repairs ;made at CONTRACTOR's sole cost. 2. CONTRACTOR further agrees to pay for a third -party inspection of the Buses upon their return to CITY by CONTRACTOR following the expiration or termination of this Agreement. CONTRACTOR agrees to pay for all repairs recommended by the third -party inspector in order to restore the Bus or Buses to good operating condition and in compliance with the provisions of this Section 4. If CONTRACTOR cannot reasonably comply with its repair obligations within the five (5) day period for the return of the Buses as set forth above in Section 4(A)(3), CONTRACTOR shall notify CITY of the need for additional time. CITY, in its sole discretion, may grant such additional time as may be necessary to complete the repairs needed in order to return the Buses in good condition; provided the grant of such additional time is made in writing. CONTRACTOR's failure to return the Buses to CITY within the five-day return period absent timely notification to the CITY of the need for additional time shall constitute an event of default and a materials breach of this Agreement. 0 Contract No. SECTION 5. REFUELING SERVICES. A. BASIC REFUELING TERMS: 1. CITY agrees to provide all necessary personnel and equipment to refuel CONTRACTOR's natural gas operated vehicle(s) at CITY's Refueling Center at the times set forth in Section 5(C) below. 2. The vehicles authorized to use the Refueling Center are listed in the Vehicle Refueling List (hereinafter, "Vehicle Refueling List") which is attached and incorporated hereto as Exhibit "J". CONTRACTOR will instruct each of its driver using the Refueling Center to accurately enter the information set forth in the system when refueling CONTRACTOR's vehicles. 3. CONTRACTOR also acknowledges, understands and agrees that CITY's provision of natural gas shall be subject to availability and CITY does not guarantee CONTRACTOR a set or fixed supply of natural gas. In the event that CITY is unable to provide refueling services at its Refueling Center; CITY shall authorize the refueling of CONTRACTOR's natural gas operated vehicle(s) at an alternative location of CITY's sole choice. If CITY's CNG station is unavailable/non-operational, CITY shall reimburse CONTRACTOR for such refueling charges upon submittal of receipt or other documentation of refueling costs. B. VEHICLE REQUIREMENTS: As a necessary precondition to CONTRACTOR's use of the Refueling Center, CONTRACTOR agrees to determine the vehicle's exact fueling capacity and p.s.i. (pounds per square inch) rating (either 3,000 p.s.i. or 3600 p.s.i) and place such information on the inside of the door of the vehicles(s). C. REFUELING TIMES: Unless otherwise agreed to by the Parties in writing, CONTRACTOR's designated natural gas operated vehicles shall be authorized to use the Refueling Center Monday through Saturday at the mutually agreed upon times as set forth in the Refueling Center Hours (hereinafter, "Refueling Center Hours") which is attached and incorporated hereto as Exhibit "K". SECTION 6. STANDARD OF CARE. CONTRACTOR represents, acknowledges and agrees as follows: A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field; B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services; C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY; D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et 7 Contract No. seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; H. CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and City Representative at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by City Representative or their designee. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California. SECTION 7. FEDERAL FUNDING. At any time during the Term of this Agreement or any extension term thereof, CITY may secure FTA grant funding to supplement funding used to compensate CONTRACTOR for the services contemplated herein. To facilitate the CITY's ability to apply such funding to the services and tasks contemplated under this Agreement, the Parties agree to at all times comply with those specific federal statutes 0 Contract No. and regulations, as the same may be amended from time to time, referenced and described in the FTA Grant Requirements (the "FTA Grant Requirements") which are incorporated hereto as Exhibit "L". By its submission of a proposal in response to the RFP and by the execution of this Agreement, the CONTRACTOR acknowledges, represents and agrees that has reviewed the ETA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditions; and will diligently keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same. SECTION 8. REPRESENTATIVES. A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be INSERT CITE' REPRESENTATIVE (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Contractor Representative. For the purposes of this Agreement, INSERT CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. S RSONNEL A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks. B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder. 9 Contract No. C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work. D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement. SECTION 10. ABANDONMENT BY C1 ceases to perform the Work agreed to unc undertaking contemplated herein prior to completion of any or all tasks set forth in delivery to CITY immediately and withou product prepared or obtained by CONTR/ Furthermore, CONTRACTOR shall only b( services, tasks and other Work performed less a deduction for any damp as a result of CONTRACTOR SECTION 11. PREVAILING W REPORTING. )`NTRACTOR. In the event CONTRACTOR er this Agreement or otherwise abandons the the expiration of this Agreement or prior to the Scope of Services, CONTRACTOR shall delay, all materials, record and other work ,CTOR in theperformance of this Agreement. compensated for the reasonable value of the up to the time of cessation or abandonment, it additional expenses, which CITY may incur )riabonnement. D GENERAL LABOR COMPLIANCE AND A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following: In accordancewith California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. 10 Contract No. 2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site. B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section. C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial , Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and Pavments. D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to; CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference 'between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein. E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law. F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the 11 Contract No. apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties. G. In accordance with the provisions of Article 5, (commencing with Section 1860), and Chapter 4, with Section 3700) of the California Labor Code, secure the payment of compensation to its employ and keep in effect adequate Workers' CompensE Liability Insurance. If CONTRACTOR, in the sole the CITY of the responsibility and capacity u Compensation Laws, if any, to act as self -insurer,"( in such case, the insurance required by this pai CONTRACTOR is advised of the provisions of Sec Code, which requires every employer to be insur Compensation or to undertake self-insurance in a( that Code and shall comply with such provisions Liability limits of $1,000,000 per accident before c the Work of this Contract. The Notice to Proceed w will not be issued, and CONTRACTOR shall r CONTRACTOR submits written evidence that Compensation Insurance coverage for all persons in carrying out the Work under this Contract. This it with the requirements of the most current a chapter 1, Part 7, Division 2 'art 1, Division 4 (commencing CONTRACTOR is required to .es and for that purpose obtain :ion Insurance and Employers liscretion'of the CITY satisfies ider the applicable Workers' ONTRACTOR may so act, and igraph need not be provided. on 3700 of the California Labor d against liability for Workers' ,ordance with the provisions of and have Employer's General mmencing the performance of th the Work under this Contract )t commence the Work, until t has obtained full Workers' Thom it employs or may employ 3urance shall be in accordance d applicable state Workers' Uompensation insurance taws. in accordance with tree provisions of Section I bbl of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records. H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the 12 Contract No. Division of Labor Standards Enforcement or by the CITY. SECTION 12. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. SECTION 13. INDEPENDENT CONT A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances,be construed or considered to create an employer -employee relationship or a joint venture. B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement. D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR. 13 Contract No. E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever. F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement. SECTION 14. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONTRACTOR agrees that a clause substantially similarto this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement. SECTION 15. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. SECTION 16. REMOVAL OF EMPLOYEES OR AGENTS. If any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall promptly removed by CONTRACTOR 14 Contract No. and shall not be reassigned to perform any of the Work. SECTION. 17. ASSIGNMENT. The Skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment of transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement. SECTION 18. INDEMNIFICATION. A. To the fullest extent permitted by law, cost and expense, to defend, protecl CITY's elected and appointed volunteers, successors, and ass any and all damages, costs, e action, proceedings, expenses, nature whatsoever, including fe arising out of or in any way relatE in connection with the operation;' which results in, or is related to to, personal injury, bodily injury with the operation or maintenan OPERTAOR's officers, employer will misconduct of or the nea judg 's of n collect ;es, lia ACTOR hereby agrees, at its sole iify, and hold harmless CITY and ,s, attorneys, agents, employees, ly "Indemnitees") from and against ties, claims, demands, causes of cents, penalties, liens,° and losses of any accountants, attorneys, or any other costs e performance of this Agreement, including mance, or refueling of a natural gas vehicle injury to persons (including but not limited th) arising out of or in any way connected i natural gas vehicle by CONTRACTOR or ents, subcontractors or volunteers; (ii) the acts or omissions of CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers in the performance of this Agreement; (iii) the breach of this Agreement by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (iv) the violation of, or failure to comply with, any federal state or local laws, statutes, codes, rules, regulations and ordinances by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (v) damages, wear or other injury to CONTRACTOR's real or personal property in connection with CONTRACTOR's consumption and use of CITY's natural gas fuel or the utilization of CITY's natural gas refurling equipment or facilities; (vi) damage or injury to the real or personal property of this parties arising out of or in any way connected with the operation or maintenance of any CITY -refueled natural gas vehicle by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (vii) the emission of gases or other fluid or gaseous emissions (including without limitation hazardous emissions) from any of CONTRACTOR's CITY -refueled vehicles; any illness, sickness, disease or other physical ailment claimed or suffered by any officer, employee, agents, subcontractor, or volunteer who comes in contract with any natural gas consumed by CONTRACTOR or any natural gas fumes or vapors emitted by the same; any damages or economic loss arising out of CITY's inability or unwillingness to provide CONTRACTOR with natural gas when requested. Accordingly, the 15 Contract No. provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR's commitment to indemnify, defend and protect CITY as set forth herein. B. To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend Indemnitees from and against all liability, loss, damage, expense, cost of every nature arising out of or in connection with CONTRACTOR's performance of Work hereunder, or its failure to comply with any of its obligations contained in this Agreement, including those connected with the operation, maintenance or refueling of a natural gas vehicle by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors or volunteers at CITY's facilities. CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any, insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by CONTRACTOR to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. C. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. D. CITY shall have the right to offset against the amount of any compensation due to OPERTATOR under this Agreement, any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to pay CITY promptly any indemnification arising under this Agreement and related to CONTRACTOR's failure to either: (i) pay taxes on amounts received pursuant to this Agreement; or (ii) comply with applicable workers' compensation laws. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the 16 Contract No. IIiT : ill E. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. F. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement. G. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable' workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arisina under this Section. SECTION 19. INSURANCE. A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Ten Million Dollars ($10,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Five Million Dollars ($5,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 17 Contract No. B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR's 'expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automi endorsement naming CITY, its E attorneys, servants, volunteers, si All of the policies shall contain an be canceled or reduced except of CONTRACTOR agrees to require i to delete any exculpatory notice of cancellation im[ with regard to any notice )bile policies of insurance shall contain an ;lected officials, officers, agents, employees, accessors and assigns as additional insureds. indorsement providing that the policies cannot i thirty (30) days' prior written notice to CITY. is insurer to modify the certificates of insurance stating that failure of the insurer to mail written obligation, and to delete the word "endeavor" ns. H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses. 18 Contract No. K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement. M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice. N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. SECTION 20. RECORDS AND 'INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work. CONTRACTOR shall maintain financial records and reports relating to funds received during the Agreement. CONTRACTOR shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the Agreement. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall ,be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event anv audit is required. S A. Termination for Convenience. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY's best 'interest. CITY may immediately terminate this Agreement for convenience, and without cause by giving CONTRACTOR a thirty (30) days written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this agreement except for cause as provided under Section 19(B), below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished Documents and Data as defined in Section 20, below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide Documents and Date within fifteen 19 Contract No. (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the party of CITY pursuant to Section 19(B), below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section. B. Termination for Cause. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY's best interest. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting; Party fails to cure the Event of Default within the applicable cure period or any extended cure, period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications. CONTRACTOR shall cure the following Event of Defaults within the following Within three(3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or 20 Contract No. Within twenty-four (24) hours of CITY's issuance of a Default Notice for any failure of CONTRACTOR to resume or restore transit service to its regularly scheduled places or times when such service has been halted, suspended or otherwise disrupted for reasons not attributable to CITY, if such service cannot be resumed or restored within 24 hours from CITY's issuance of a Default Notice, CONTRACTOR shall immediately submit to CITY a written request for additional time to restore service and such notice shall indicate: (i) reason(s) for the halting or disruption of services; (ii) what steps CONTRACTOR has taken to resume and restore service to its regular schedule; (iii) what steps CONTRACTOR must take to restore and resume services; and (iv) how long CONTRACTOR estimates it will take to restore/resume service to the CITY. In its sole and absolute discretion CITY may grant additional time for the restoration and resumption of regular service provided that no such extension of time shall exceed two conclusion of the first 24-hour cure period. days from the iii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default'" under this Agreement. Prior to expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 19(B)(1)(iii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period. If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY. 2. In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set under this Agreement (or the failure to timely perform or properly perform any such duty, obligation service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR and/or its employee's disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as it relates to CONTRACTOR, whether voluntary or involuntary; (v) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vi) CITY's 21 Contract No. discovery that a statement, representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect. 3. CITY shall cure any Event of Default asserted by CONTRACTOR within forty- five (45) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with the CITY's failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 3 above, shall be cured by CITY within five;(5) calendar days from the date of CONTRACTOR's Default Notice to CITY. 4. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension 'Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein. 5. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a, Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 6. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies: i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part; ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance; 22 Contract No. iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy. CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement. 7. In the event CITY is in breach of this Agreement, `' CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required, by this Agreement. 8. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether the same or other covenant, warranty, agreement, term, condition, duty or requirement is contained in this Agreement. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 9. The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement. SECTION 22. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY. All Documents and Data shall be and shall remain the property of CITY without restriction or limitation upon their use of dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, 'lists, data compilations, documents or other materials developed and/or assembled by or on behalf of OPERAOR in the performance of this Agreement and fixed; in any tangible medium of expression, including but not limited to, Documents and Date stores digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all subcontractors and subconsultant working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement. SECTION 23. CONFIDENTIALITY. All data, documents, discussion, or other 23 Contract No. information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any social media platform, magazine, trade paper, newspaper, television or radio production or other similar medium without the prior consent of CITY. SECTION 24. FALSE CLAIMS ACT. CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3729 et sew. and the California False Claims Act, Government Code Section 12650 et seq. SECTION 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANT. CITY reserves the right to employ other contractors in connection with the various projects worked on by CONTRACTOR SECTION 26. FORCE MAJEURE. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section. SECTION 27. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: City of El Monte City Hall — West, 2"d Floor 11333 Valley Boulevard El Monte, CA 91731 Phone: 626-580-2058 Attm (INSERT EPT) Director If to CONTRACTOR: Attn: INSERT PERSON OF CONTACT NAME Phone: INSERT PHONE 24 Contract No. SECTION 28. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. SECTION 29. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. SECTION 30. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall`` prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR. SECTION 31. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California. SECTION 32. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. SECTION 33. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. SECTION 34. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 25 Contract No. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY OF EL MONTE, a municipal CONTRACTOR NAME corporation go Alma K. Martinez Name: City Manager Title: Date: in Richard Padilla Assistant City Attorney Date: Date: 26 Contract No. 1*:4: 1 Mrw_M CITY RFP 27 Contract No. 1*:4:11MitiM CONTRACTOR PROPOSAL 28 Contract No. r�r:�sr� COST PROPOSAL FOR FIXED ROUTE -ONLY 29 Contract No. I*:1:11=3ril Ia COST PROPOSAL FOR DIAL -A -RIDE —ONLY 30 Contract No. COST PROPOSAL FOR FIXED ROUTE — COMBINED 31 Contract No. 1*:4:11:111 m ;w COST PROPOSAL FOR DIAL-A-RIDE/PARA — COMBINED 32 Contract No. COST PROPOSAL FOR DIAL-A-RIDE/PARA PER TRIP (OPTIONAL) 33 Contract No. lW14:11 ]rm:w PENALTIES/LIQUIDATED DAMAGES FORM 34 Contract No. IW1110LIWIffiim VEHICLE IDENTIFICATION NUMBERS 35 Contract No. 4AIMLI1- 11WA VEHICLE REFUELING LIST 36 Contract No. 1*:4:11 M164A "REFUELING CENTER HOURS" 37 Contract No. 1W:4:1I:]kmFA FTA GRANT REQUIREMENTS 38 EXHIBIT H Fixed Route Driver Trip Sheets & Data Spreadsheets e { 7 i iIVA i 1 k 5 If , wi vCP w a LU }' 0 N 16 1uu W fi/n;� 0 w �9tl �j _. — 1- 1 Bus # Date: AM DRIVER Day: PM DRIVER Mileage Leaving Yard Mileage Ist Stop Mileage Last Stop Mileage Return Yard LEFT ROUTE TO FUEL 50W�-� i�� �ARRIVED @ FUEL PUMP I �FINISHED FuEUNG I RFtRNED TO RO 1 6:00 mahumad'aur LEFT Uft TO FUEL RO -02 ARRMD @ FUEL PUMP �plNISHED FUEUNG RETURNED TO ROUTE I 54 I EL OTS YAOF MN RD3 APPUCABLE) n & L ....... . . . ..... ..... .11 MAL CASH PAWNG RMERS TOTALS OTAL FRES RIDERS DKENS COLLECTED 3TAL RIDERS ERVICE MILES WSMUE MILES SHADEO ��T ,tS!COMPL�ETWSYSTAFF [HECKW SY TOTAIX0 Wf Lavmsy Bus Date: Ar AM DRIVE Day PM DRtVER,, Mileage Leaving Yard —7 Mileage Ist Stop Mileage Last Stop /,�7 /& Mileage Return Yard 4 I .EFT ROUTE TOFUEL kRRMD @FUEL PUMP L :lNt$HM FUELING' RETURNED TO ROUTE�� A 'D �> EL MONTE YARD OF — �, 6:00 APLUCABLE�!T ;7L)j mm�� EMW# qNISHED FUEUNG RETURNED TO ROUTE I EL MONTE YARD (EF APPLICABLE) [[TOTALLOOPS TAL CASH PAYING PJDERS i2s T TOTAL FREE RIDERS T TOKENS COLLECTED Tc TOATL RIDERS SERVICE MILES REVENUE MILES OEM 3?o %N ts,CD w is to I u 5 ui E" CN �d4 L kYi l ... iCL �4"' •-! +il iiJ Kn fJ {CD R 743 CG 14) LU yWyy W 0 yyy��c555555 � ��R �,1 �= c. _ . �- • � �. 9 � s �,. � � �" '� Vim. :; p id fa 12 a LL IL �Ew VP 66. 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SAD IN ti SIA0 Kso at, 70 0160 GAW Man 4 tall 1107 13.17 128.0 IS i20S0 120.00 12a(t) 0,83 0.60 Tuo 5 131 13.67 MV 12&0 111 129X0 129.20 128AD 0,33 0.60 Wed 6 131 1167 13.17 128.0 to i29.40 126.80 126.00 OM 0.60 Thu 7 131 13,67 13.17 123.0 to 129.60 l2l%90 MAO 0.50 0.60 Ed 8 131 13S7 13.17 120.0 to 120,40 120.I)0 82ifi0 0.33 0.60 W 5 $1 010 9,00 04 11 $160 50.10 07110 045 t6o sur 10 st S.0 9,00 9v It 09,60 96,00 MAP a 141 t'0 Mo- 11 131 13.67 13.17 128.0 16 127.40 120.90 124,00 0167 Cso 1 12 131 13.67 13.17 U8.0 16 13D,00 129.60 126,00 0,67 0.50 We cr 13 131 13.67 1117 128.0 16 12&60 128,20 125,10 0,67 oko Thu 14 W 1107 13.17 120.0 16 130.10 120.20 125,60 0.67 0,90 Fri 16 131 13.07 13.17 128.0 16 130,30 129,80 127.00 0.67 0,60 sat 18 91....960 0,00 so I I 85A0 0940 800 sus *7 91 9,66 RM H I 1 02 za 0010 86-70 0,60 2.T0 Mon 18 131 13.87 13A7 128.0 16 120,30 128.70 126.00 0.23 0.60 Tuo 19 131 13,67 13.17 128.0 16 13OA0 129,90 PUO 0.32 0.50 Wed 20 131 1167 13A7 120.0 16 130.20 V9,60 120.90 0A5 0.60 Thu 21 131 1167 13.17 128.0 16 130.60 130,10 12440 0.32 0.50 Ed 22 131 13,07 13.17 128.0 to 13010 1129,80 WAD UZ 0.50 Sit 21 11 150 oleo:::.to t I ftso 98.29 96,00 1,09 2170 Um 24 0$ aAo S,00 to I I MOD $800 9514 Mon 25 131 13,67 13,17 128.0 16 432D0 130,60 129.10 0.37 Lso Tue 26 W 13.61 13.17 128'a 16 133.80 132.30 128.10 0.33 1.50 Wed 27 131 13.67 13V 120,0 18 i3l.30 129,30 127.00 US 2.00 Thu 28 131 13.67 1117 128.0 i0 i2990 129,40 128.60 0.76 0.60 Ed 29 131 1167 13,17 128.0 16 IWO 128.00, 124.10 0.42 0,50 Sit 30 0 t Uo 9,00 IR 8 111 90,40 90,40 $8.00 sLm 31 01 OAQ COO 69 MID F1930 E8,80 TOT 31 3630 360.4 363A 3440 430 3,603.70 3,479.90 3,393.20 13,35 23.80 .all, 30 117,61 12,18 IiJS 114,67 14.33 416,79 11e.00 111331 0.46 0J9 January-21 Doadhead TOTAL RID Oto Deadhon N41SSED MISS NOSSED USSE0 Total CASH FREE ACCESS TAP URVE FACE WHEEL TOXV03 MISSE FARE13OX Miles 42a Actual A21U41 Atioil d Hours Tafal Ravenue Revewn TRI95 Passenucts RIDERS PIDERS PASS CARDIRI 010ERS WS CHAIR 0 vabIq(a Whit to RINCRUE, Isa Miles WIts Haws foops) 0 RIDERS LOOPS 110"Is Flows 14 vatocro HONDO IN RON 260 9«6? 0�26 940 Us 2140 2110 61 42 3 Is M0 10,25 976 floo Vf D'so $130 44 29 1 0 2.90 15,10 K21 13,17 iA0 Z10 2k0 90 07 to 1 t 6 $ 3350 210 14.60 14.17 13A7 1.00 1.60 1.60 63 46 14 3 3 S 23,00 2.80 t4,33 13,03 13,17 Us 2.20 2.00 = f15 85 a 19 2 1 3 4260 2.80 11,75 14.25 13,17 1,00 2;10 1.0 84 54 1 26 2 3 S 2T00 2,70 1480 14.15 1317 0.00 2.20 1,90 at 50 3 16 1 4 S 29b() 190 1000 SM 9,00 0L66 0,t4 01.70 62 26 22 14 13,00 t,413 011 91? S.06 (0r I CIO t 40 24 70 7 5 10,04 2.00 1450 13.83 13A7 OU 4. to koo 03 45 2 14 3 2 a 22.50 3,60 14.60 13.63 113,17 0.66 1,60 2.00 71 60 a 12 2 1 $ 25.00 110 Koo 13.83 13A7 0,66 ZED Z90 75 49 7 17 2 It 24.50 3.60 14,60 13.83 0,17 0,66 1.60 2A0 at 60 7 12 1 2 2 s 30.00 1 X0 14,42 13.75 13.17 053 1.20 OJO 95 71 2 20 2 2 S 35.50 4170 Moo 10,00 9100 1,00 t49 1f0 0 49 1 7 1 1 1 241a 311m 9,08 0J1% 9,0D 011R 410 1,30 40 34 1 - 17, 00 2,70 14,13 13,90 13,17 033 2;30 2100 76 58 6 a 1 3 a 29.00 2.70 ICU 13.80 1311 0,63 1.10 0,80 62 48 2 0 2 4 $ 24b(I 2.70 1413 13.70 Uilt 0161 1.40 1;10 78 62 3 to 1 3 $ 31.00 2.70 14,27 13.95 13,17 0.78 0,90 0,60 04 48 10 1 6 $ 24.00 2.70 14.28 14.06 13A7 0.09 1.20 0.90 02 65 2 23 2 $ 32.50 2120 10,33 9,24 0 00 014 2,80 2,30 38 30 7 1 16,00 2110 $150 9,150 oleo 010 100 2,30 so 40 0 7 3 2000 1.40 KIDD 13.63 13,17 0.46 0.50 (110) 60 44 2 10 2 4 22J00 4.20 14.00 U67 13,16 0.51 (1.30) pi0) 0.01 0 84 62 4 17 3 1 10) $ 31.00 2.30 101 13AS 13A7 US 1170 1.08 75 59 2 13 1 $ 29,50 2.80 1432 1107 1317 0X0 1.60 1,40 78 57 4 i5 2 2 $ 28.50 4Ao 14,60 14,26 1111 4,09 Zia 3,90 43 32 1 10 S 16.00 2.40 9,50 9,60 440 0,60 010 65 49 4 It 2440 2,30 S,30 9,30 9.1D0 020 1,90 31 6 12A0 86.70 HUG 373.46 3,5139 20.06 60.1 46.0 0101 0 2,07 1,404 102 381 7 33 so (0) 732.00 2.89 12.89 12AS ItIrs 0.67 10 1,96 0.00 0A solso 48A0 3.40 12,70 0.23 1=10 2.00 (0) s 24.40 Fri 1 ::.Sat 2 61A 0,03 8,87 67'6 1 t VISO 56.30 swl E, *918 UZ 8,67 Vt A 11 37,20 ISAG Mon 4 101A 13.63 13.03 98.8 16 IOZOO 09,80 Tun 6 101.6 1153 1103 98.0 16 99A0 99,40 Wad 6 IOLO 13.53 13.03 98.8 16 IDUO Wall Thu 1 101.5 1153 13.03 08.8 16 100,50 98.60 F4 a 101:6 13.63 13.03 00.8 To 08,70 08.70 Sal 9.. 69A 9101 BAI 0710 $ 1 70,10 63.60 Sin to 65.3 9,01 Cey 67'9 t1... i ?0,140 shoo Men 11 101.8 13.53 1103 90.0 18 102,30 10030 TU, 42 101.8 13.63 0,03 90.8 to 09,80 09.10 w 13 tol.8 13.53 f3b3 08.8 16 09.60 98.00 Thu 14 101.8 13.63 13,03 00.8 10 101.00 100,30 Fri is t01.8 13.63 1103 0810 Is 101.00 99,70 Sat 1s 611 0,03 8,67 67'4 11 64,40 61,40 Sun $7 698 0,03 9,07 6 rA 12 711to 6160, Mon Is loia 13.53 13.03 O&B 16 101.80 99.70 Tuo 19 101,40 13.63 13,03 98.8 18 98.70 98.10 Wed 20 loto 13,53 1303 08'8 16 09.70 99.20 Thu 21 iol'a 13,53 1343 06,0 to 10l.50 99.70 Fri 22 IOLO 13,63 13.03 to,$ to 10t.40 100.70 Sal 23 S58 903 Sal OTS 11 6510 sflAa Sun 24 WS 2.03 Cal T.2....If 69,60 69A3r Mon 25 10I.0 13.53 13.03 98.8 le 10t,20 100,60 rue 26 101.8 13.53 13.03 96.8 16 l01,50 100.90 Wed 27 101.0 13.53 13,03 IWO 16 100.B0 100.20 Thu 28 101'8 13.53 13.03 98.8 16 101.00 105.30 Fri 29 IOLB 13.53 13,W 98.8 to 101,10 100.40 Sat 30 We 9.03 8.68.. 6716 11::.. 71,10 68.30 Sun 31 as,$ 9101 0,91 67A I I 646D 68,410 TOTAL 31 2734 300.9 349.3 2854 430 2,710.60 2,079.70 OallM 't 30 911.13 12,03 11.44 88.47.E 114,31 90.4$ 0132 97.60 0,88 97.20 9520 043 96.30 0.03 96.30 - gCoo 0,30 6600 Q.ls Woo 1.03 %A0 0.63 06.10 0.03 07AD NIS 0130 0198 67,20 0,62 97.20 IA7 95.40 0.80 W60 0.80 97.60 0.80 90,00 US 66,70 020 0,10 UT60 0.30 98,20 0,31 DUO 0,50 97.60 0.35 97.70 0,30 66JO US so IQ 2,foom Ism 8610 0.54 1.60 2.29 1.60 1,90 0,70 1,60 210 0.70 0.70 UP 2.20 2,10 0.60 0.40 1.80 0.70 0,70 0.70 0.89 0.60 0.70 0.70 200 U10 1.04 januafy-21 Deadhead TOTAL ta'a #TO Doadhoa WSSED Nice 12a Actual A004) Actual d Hours Total WhIclo vokle REM& 16a Rom fiffum 14 va111s16 Lao 9,16 9.25 631 0,36 3'0 $ 00 0,40 9,20 8,07 0113 1,2 2130 14.28 13,40 13.03 0.37 2.0 220 1176 13.75 13.03 0.72 2A 4,00 13," 13 66 1104 0.62 2:5 2,30 14.11 1124 1103 0.21 3.2 2,40 13.92 13.07 13.03 089 3.1 2,80 $,54 0120 8107 0A1 0.2 2,00 516 9I-22 SA7 0,U 01 3,60 15.60 14.47 13.03 1A4 13 3k() 107 14,04 13.03 1,01, 2,7 ZOO 14.33 13.70 13.03 0.67 2,0 ZOD 14.63 14,03 13.03 1.00 1.6 2,40 14.83 13.65 13.03 0.02 2-1 9,42 9142 4,07 0,0 DA 7.30 1013 SA 1 9.87 0,74 O'S 21ta 15.00 13.53 13.03 0.50 2.1 2.70 14,60 13.70 13.03 0.67 3,7 2.50 14,60 13,70 13.03 067 2.5 2.10 14,50 1310 13:03 0.07 2,1 2,70 14.50 13.70 13,021 0,67 111 2,40 0,42 0,42 6:87 0,155 IJ 3160 SAE SAS ka? 0,68 I'D 2.70 14:27 1197 13.03 0,94 1.3 2.70 14J0 13.73 13.03 030 0.9 230 14.33 13.75 13.03 032 1.6 2170 14.05 13.70 13.03 0,67 15 2,70 14W 113,77 13.03 0.74 1.4 7.20 I0-34 9,29 Cal 0,42 is 2A0 042 942 as? 0,66 1.3 78.60 3B5,06 306.88 349,31 1%67 64,3 2.03 1284 1230 11.44 0,66 to MISSED M1000o mmml Total CASH FREE ACPOS TAP UlKfi FREE, WHEEL 7OXENS MISSe F11Ef80X Rovemm, fwzvomm TRJPS passongets AIDERS RJURS PASS CARWAIIIJOLItS WS CHAIR Miles "gutl (wapt) 0 RIDERS LOOPS HONDO INNON fil 63 2 21,00 2,20 47 11 t 9 1 1610 1.30 - 70 67 6 11 5 S 20.50 1.60 - - 08 741 1 6 2 3 30,00 3,50 (ORI) io) 88 70 to 6 2 0 $ 35,00 2.50 go 90 2 6 $ 45.00 2.50 70 63 5 a 1 2 $ 31,60 IX0 so 65 3 6 27a60 2:30 69 66 3 S 3100 2170 07 83 3 11 5 41.50 Vo 123 105 8 9 2 1 $ 52.60 t40 66 76 5 5 5 38.00 1.60 74 65 6 4 6 32.50 110 73 73 a $ 36,60 QU 44 At 2 1 $ 20-60 1.60 79 69 6 4 $ 300 3.40 64 65 6 2 1 $ 27,60 2,00 59 Iso 6 3 $ 25,00 1.20 92 72 10 6 5 $ 36.00 SAO at 72 5 3 1 36.OD 2,10 46 40 2 3,Oo T so 61 41 6 1 1 4 2160 100 70 63 5 1 2 1% 3U0 0,60 so 67 2 9 2 S 33.50 1.30 96 71 6 a 1 S 35,50 120 so 03 5 5 1 3 S 41,60 IAO 44 41 2 1 20.W 1170 is va 6 3400 170 60 36 4 14 2 5 6 17,60 63.10 M00 (0) 2,191 1,881 111 164 1. 12 46 0 $ 040,60 1.77 t0.00) (0.0) 73.03 62.70 3170 6.13 0.03 OAO 1.60 0 $ 31,35 3el 2: 0t.7 I'to 0,00 Be'? 11.. 96,00 20,40 V330 0.67 0,60 Sun 3 OLT 9.0> C0v2 Is,? 11 69,30 W30 Wqla Mon 4 11302 13.67 13.17 127.2 16 130,60 129.10 127.00 01212 L50 Tuo 5 11302 13,67 13.17 127,2 16 126E0 t28.30 126.20 - - Wed 6 130.2 13.07 1117 127.2 16 128,80 t27.30 125.70 0,33 1,60 Thu 7 130,2 13.01 13.17 1272 16 128,80 127:3D 125.80 0.33 1,60 Fri 0 1 :10,2 13.07 1E17 127.2 IS 128,80 127:30 125.70 OAD 1,60 Sal 0 91.7 0.60 %60 0817 11 09A0 84.40 87A0 &m t c 511 5 1W 9,00 B b'"IF 11 $0,70 DOA0 47,40 0,111 OAD Mon 11 130,2 13.67 111`7 121.2 f 6 13120 131.00 126.50 0,150 2.20 Tv 12 130.2 13.67 13.17 127:2 Is W;00 120.30 12850 0.63 0.60 vt E 13 130,2 13.07 13.17 127,2 16 120,011 120:10 12SAO 0.33 0.60 Thu 14 130,2 13.67 13,17 127,2 16 1300 120,50 124.30 0.47 0.60 Fri Is 130,2 1167 1117 127:2 16 130,00 120,40 126.60 OA2 0.60 Sat I G 9L7 910 0-00 86,7 11 21.40 09A0 KDo 0176 2130 "S ,a $7 9117 $0 *,00 8817 11 o0.20 94,50 04,10 0163 010 Mon to 130,2 13.67 13A7 12T2 16 t30.20 120.50 126.10 0,67 0.70 7ue 19 130.2 13,67 13,17 127.2 16 129A0 128.40 125.60 0.60 0,70 Wed 20 130,2 13,67 13A7 127.2 Is 130.00 12910 126.40 OES 0.70 Thu 21 130,2 13,67 13,17 127.2 10 t29.90 12910 128,40 0.07 0.70 Fri 22 130.2 13.87 13.17 1242 16 129J0 120.10 128:30 0167 0.60 Sat 23 011 tAo SM $03 11 91110 90,60 8710 025 tAo Sun 24 $IJ #'bu 8,00 gall 11 ft5o 66172 07,20 C". 2120 Mon 25 1301 13,67 13,17 127,2 16 127,00 125.10 122.60 11-34 LBO Tue 26 130.2 1167 13-17 127.2 16 128.90 120,40 123,60 007 0,50 Wed 27 130.2 13.67 13.17 127.2 16 127.70 127.30 124.60 0.67 0.40 Thu 28 130.2 1167 13.17 127.2 16 127.00 128.50 122.80 0.67 0,50 Fri 29 1302 13,07 13,17 11271 16 129.10 127.60 12520 OW 1160 sal 30 91.7 940 9,00 86.7 11 $9,60 $960 87:20 Sun 31 91,7 9,60 9,00 IR,7 11 90,30 ISAO Wto COS 010 TOTAL 3t 3621 368.4 353A 3431 430 3,480.10 3,462.60 3,378.40 14,64 2610 DaH: so IIIEW 12.28 11.78 114,11 iCO IWO 115.42 112.61 0A9 0A8 January-21 Deadhoad TOTAL 010 fjjP Deadirea t,11 53eu W55FD 1'4155FO WSSED Tolal OAS" FROU ACCES0 TAP 43004 FIRCU; W11EV4. TOXENS tAISSE PRRODOX Miles 12a Atfilat A04#1 Aploal d Hours TOW Ruvon.e Reymia lAWS Passengers 1410VITS 010ERS PASS CARDIRI ITIOERS WS CnAIR 0 V011100 velmlk REVENUE 15A prilles MINS floufs JW*vsl 0 inDtftS LOOPS floor$ 1164M 14 VOW04 11CH00 in Non 810 10,60 9,93 940 OM 430 5,00 33 2 i4 I 2,40 0,60 9,0 900 0-60 ZAG 1,117 to 4 3 2 13,00 2.10 13.92 13.60 13A7 OA3 1,10 0.20 84 67 4 13 3 33.50 2.10 14.00 14.00 13A7 0.03 1.900 100 67 42 3 113 1 9 S 21,00 160 1190 13.57 13,17 0.40 2,90 11.50 77 67 1 i8 3 $ 2SE0 1.50 13.83 13.50 13,17 0.33 2.90 1.40 76 55 2 10 2 S 27.50 1,150 11198 13.50 1117 0.41 290 1,50 65 40 5 10 4 $ 23:00 ZOO 9160 9-50 0,00 OAD 210 1.70 24 17 7 $ 8,60 Mo 9,67 0,34 $,a* 0,14 1,0 6,10 21 17 3 t 4 $160 4.60 14,10 1156 1117 0.39 (0-60) 0.70 70 42 0 14 1 6 $ 2t0O ZOO 14,13 113,50 13A7 033 0.90 0.70 73 47 5 IQ 1 1 2 $ 2150 2.90 114.02 113m 13.17 0,52 0r90 0.80 Gi 33 6 1$ 6 $ tu.60 5.20 114,62 14,1$ 1316 0.09 0,70 2E0 0.01 0 70 51 0 17 2 2 (0) $ 25.50 2.60 14.00 13,50 13.11 0.41 Creo 0.60 - 71 44 7 20 1 3 22.00 240 966 0.11 140 0.11 2160 1'" 43 35 8 t 3 mao 260 1942 OAS 9,60 DAS 2,.V 2XIal 34 24 3 1 2 12,00 2.80 14A7 14.20 11117 1.03 0.70 0.50 GI 47 3 S 23.60 2,80 14.67 Kil 13,117 1.00 1,80 1 X0 70 53 1 12 1 4 $ 28.50 ZOO 14A2 13.84 13A7 0.67 0,90, 0.00 57 47 4 4 2 2 S 2150 2.80 14.40 13.73 11117 0.56 1.00 0.60 71 54 2 12 1 1 3 $ 27.00 2.80 14:72 KOS 1117 0.88 1110 0.90 61 3-1 2 16 2 6 $ 16.50 240 S36 9,60 000 OAQ 1.2o i A0 26 14. 4 7 1 $ TAO C66 1026 9144 RAD 0-04 100 160 34 26 2 a 1 13.00 2.50 15.00 1166 13A? OAS 5,10 4X0 43 30 10 1 3 $ 1 E:00 2.60 14.50 13.63 0.117 0,66 $60 140 39 29 1 7 2 2 2 14PE0 2.80 14.60 13.83 13.17 0,66 2.00 230 51 38 5 0 3 2 118,00 310 14,60 11103 13.17 0.66 330 4.40 59 39 4 12 2 4 S 19.50 2,40 14.50 13.63 13,117 0.66 2,60 2.00 32 22 2 6 2 S 11.00 2A D 9A0 9,60 9,0D 0,60 2,10 i'so 57 43 4 0 $ 2t,60 210 9191 0.67 9,00 01617 ZA0 1'04 81 24 - 3 1 14,00 84.20 386.02 370.98 353.39 W69 68.40 6260 0.01 0 1,619 11,142 $0 3111 30'.:..11 so 1o) S 671.00 2111 12.86 12,37 11.78 0.69 4.95 11.75 0.00 GA 63.97 38,07 3,00 1040 ILOO - 0.37 2,30 10) $ 19.03 Fri 1 sat 2 7216 0.50 goo To's 11 1310 I1.80 sum 3 77 6 $40 9100 70A i t 7 L60 71,49 Mon 4. 107 13.67 13.17 104 Is 105.70 104.20 Tug 5 107 13,07 13,17 104 18 105,80 104.20 Wed 6 407 13,67 017 104 is 105AO 103,90 Thu 7 Dal 13-67 13.17 104 16 105.40 10190 Fri a W 13D7 13117 104 16 105.50 104.00 Sat 9 718 9.60 9,00 70'5 11 73.0o 7i.30 Up 10 72A, D.60 0, 010 70's 11 72AU, 112,40 Mon 11 107 1107 13.17 104 16 1000 103,40 Tir 12 107 13,67 13A7 104 16 104,30 WAS, W 113 107 1167 13.17 104 16 104,30 102A0 Thu 14 107 13.67 13.17 104 16 104.30 102.00 Fri 15 107 13,67 1317 104 16 104,60 10110 Sat Is 72's 010 goo 70's 11 73,40 12,40 skm I? 711,6 9,0 9100 10's 11. 7LTo 70110 Mon 18 107 13.07 1117 104 16 10420 104.20 Tuo 19 107 1167 13A7 104 16 106.30 10420 Wed 20 107 0.67 13r17 104 to 106.30 104,70 Thu 21 107 0.07 1117 104 16 106.10 104.60 rd 22 107 13.67 13,17 104 1 a 10610 105A0 Sat 23 72A 9.60 9.010 70.6 11 73,60 7200 Sun 24 716 ofo S.00 70,15 11:...:.74,00 72,30 Mon 25 107 43A7 13,17 104 16 105,90 104,311 Tuo 26 107 13.67 13.17 104 16 106.50 105,00, Wed 27 107 13.67 13.17 104 16 106.60 105,10 Thu 20 107 13A7 13.17 104 I8 I D6,60 105.10 Fill 29 tol 13,67 13,17 104 10 10510 10420 Sal 30 7216 VISO 0,00 70A 11 7100 7$.40 nuq 3 t 12'5 9,00 9.00 701, 11 11100 72,10 TOTAL 31 2866 368.4 363.4 2706 430 2,09J0 2,79%80 Dail 10 05.60 1248 41,79 02.83 14.33 006 03.33 102:10 0,75 1.50 102:20 0.42 1.60 101 So 0.33 1,50 101,70 0.42 1,60 101.90 0.42 4.60 69'so 0,42 1,60 1010 101.60 0.37 1.50 10I)06 0.35 1,60 IDORI) 0.35 1.50 101.10 0,30 1,50 101;30 0.33 1.50 010 U3 Uo 67160 Q Is 0,00 101.60 - - 102.70 0.30 2A0 102.60 US 1.60 102.70 0,30 1.50 103.30 0.35 1.60 7010 0.30 iAo f%90 0133 ilyn 101.90 0.33 1,80 102.50 0,27 1.60 10200 016 1.60 102.70 0.33 1.50 101.60 0.35 1.60 6010 0.42 0.60 fte,t 1,27 1170 2,734.60 10.01 3930 91A6 0.33 1.33 January-2i Deadhead TOTAL kit) 100 Doadhea 141105 12a Adval klad Attotll d Hours vollight vohloW RUENUE 18a "Our$ Iilomfo 14 vorwicle 230 912 Di34 9, 00 0,34 7,70 SAO 0,40, COO 050 2.10 114.50 13.75 13.17 0.58 2i00 14.00 13,68 13,17 0.41 210 14.00 13.67 13,17 0.50 2:20 1102 1150 13,17 0.33 2.10 14.00 1158 13.17 0.41 I'm 902 SAO OAD 0,80 Z, ao S&D %,fo %001 0,60 1.60 14.00 13,63 13,17 0.46 1.60 13.02 13,87 1117 0.40 I.eo I3.67 I3.62 1317 0.45 1.70 13.07 13.67 13,17 0.40 1.80 13.03 13)50 13,17 0.43 2,80 IOSS m02 9 co 1,02 1,0 SAS 9,61 0,0 0,67 2.40 13.70 1170 13,17 0.63 LSO 13,77 1147 13,17 0.30 110 1178 13.60 13,17 0.33 L90 13,78 13,48 13,17 0.31 1:80 13.90 IUS 1317 0.35 1,00 9,66 9,20 0159 010 240 0,83 9.50 9100 CAG 2.40 14.50 14.17 1111 1.00 2.50 14.42 14A5 13.17 0.98 2.30 14.50 13.75 13,17 0,68 2140 14.42 14.09 13.17 012 2,4o 14.47 14.07 1117 0.90 2,70 9176 1.31 9100 0,33 2110 SAO 9A $ t4,00 016 t 65,20 37948 36%17 35140 15.77 2A 7 12.04 12.31 11.78 0153 hOSSED t4f55ED INSSED &USSED Total DASH FlUgE, ,ACCESS TAP HIKE FREE WHEFL 'TOKENS hVISSO FAREBOX ToW Rewpue Revonue TRW$ Passongors RUNS HIPEAS PAS'S OARDIRI RIDERS WS 011AIR: 1) We S Wes How-. haops1 0 HIDERS LOOP$ HONDO IN OR 0,70 1'04 so 47 5 4 2 23,40 0 So t Flo 6r C, 4A 1 6 3 1 29.00 2.00 I:w 87 76 3 7 3&OD 2.60 1.80 68 65 1 2 32,60 3.10 2.20 03 69 3 to 1 S 34,60 SAO 2.30 00 75 5 to S 37,60 3.00 2.10 102 0 6 10 1 3 S 4L60, 1120 1,00 63 63 4 1 1 26,60 010 0,40 99 47 2 to 2 23,60 3.60 2AO 68 67 5 13 2 3 $ 33.50 4.20 3.00 c By 72 1 13 1 1 6 36,00 4.20 3.110 63 so 7 a $ 34.00 420 2.90 71 62 c 2 $ 300 3.90 2.70 so 69 A 7 34,50 - 0'an so 74 6 3?X10 1170 2,70 to 95 & g 0 a1,60 2.80 2,20 81 62 6 12 1 S 31,00 2.80 1.30 100 76 a 13 1 3 S 36.00 130 1,20 lot 74 11 is I S 37.00 2.40 1.30 95 60 10 to $ 34.60 1.90 03D es 74 9 15 $ 37.00 160 0.40 43 41 2 $ IOU D120 &60 80 47 1 6 2 1 23,60 2J0 210 70 57 10 2 3 $ 2050. Zoo 1.50 93 76 5 is i $ 39.00 i'so IOT; 85 76 3 0 $ 38.00 1.90 1 :30 03 64 3 13 3 $ 32.00 2.80 2,20 44 37 1 5 1 18.60 11i0 lao 72 61 6 1 1 30A0 CAD 0170 65 50 2 3 f 30,00 66.2 68.4 2,307 I'm its 253 4 18 28 $ 950.OD 2.17 1168 70.00 63,87 3.61 6,43 0.13 0.60 0,93 $ 31.93 Fri I Sal 2 76.7 910 9,00 717 1 B 77JO 7430 72A0 0,67 180 Suv 3 75.7 9,60 9.09 73,7 11 76,90 26140 72AQ 0,31 0,90 Mon 4 109.2 13,07 1117 107,2 16 10.60 109.20 106.40 0.67 0.60 The 5 109.2 1187 13.17 107,2 10 107,10 107A0 104.60 Wed 6 109.2 13,67 13,17 107,2 16 110.20 108.70 1106130 0,50 1,50 Thu 7 1012 13,67 1317 107.2 16 111.00 108,60 10660 0.07 2.60 r1i a 1092 13.07 113A7 107,2 16 110,10 108,60 106.70 0.67 1.50 Sat a 7617 $40 0,00 73,7 11 ISJO TsAo 72,70 - sun IQ 76,7 9160 COO 717 11 76,20 74,70 12,90 OAT II0 Mon 11 109.2 13a7 13,17 107.2 to 116,10 11160 108.40 0.33 too Try' 12 109.2 13,07 13A7 107.2 16 109.00 1()7.50 105.70 0.42 1.60 W 13 1001 0.67 13.17 1072 to 109:20 10730 105.00 0.33 tso Thu 14 10912 13,67 13,17 107.2 10 la9A0 107.50 105,60 0.33 1.60 Fri Is 109,2 13V 13A7 10T2 to 109.00 tt)Uo 105J0 050 1.50 Sat 16 7617 0,60;0,00 79J 11 77170 76,40 73S0 0,42 2,30 sug 17 16,1 9,60..$ 04 T9J 11 75,70 ?U0 71120 More Is 109.2 13.67 1117 1072 16 10810 100.20 iWoo Tue 10 1092 13.67 1117 107.2 to 111.40 109,90 105i90 0.33 1.50 Wed 20 W9.2 13.67 13.17 107.2 to 110.30 108,80 100,20 0.35 im Thu 21 109.2 13.67 13.17 107.2 to 109,60 108AD 106.30 0.37 1,50 Fit 72 1a9.2 13.67 13,17 107,2 16 10930 108.20 106,40 0.37 1,60 Sal 23 763 9.50 500 73, F 11 79,50 7&00 79A0 0.33 f,50 sun 14 761 q so 9,06 737 fl 7610 75.40 73,60 0,37 1,60 Mon 25 1OW2 13.67 13.17 107.2 18 108.30 108.30 105,90 Tuo 26 109.2 13.67 13.17 107.2 to 109.40 101.00 106.00 a33 1,50 Wed 27 109.2 13.67 13.17 107.2 16 109,60 100A0 105.20 0.30 1150 Thu 28 109.2 1167 13,17 107.2 16 110.20 104140 106.70 0,33 1.60 Fd 29 109.2 13.67 13.17 10T2 16 109.80 108.20 103.30 0.32 1160 Sat I'D 763 9.80 9100 733 11 7930 79.30 76,90 - San it TV 9150 9.00 7317 it 76,90 FSAO 73,70 0131 1124 TOTAL 31 2951 368.4 353.4 2081 430 2,906.30 2,920.00 2,800,00 9.94 37.30 Dall 30 OW 12,28 111111 0843 14�31 WAS 97.03 96.33 0.33 114 January-21 Oeadhond TOTAL, N ta VTO Deadhoa MISSLU WSSEU &USSW IMSSED Miles 12a Av1ij41 AdaA Wool (fliours TWO Rmnm Reverkm TRtP$ Pr V01400 Vchttle 406`11t1r 15a N10% MHOS Hours (lGopm) flours floom 14 Vi4ft6o Z20 1043 Ul 940 0.21 2,40 10 2 Do h3,13 9 0 5,211 040 1,10 110 2.60 14.60 13,03 13.17 0.66 0.00 0.80 160 14.00 14,00 13,11 oAl 2,10 2.60 1.90 14.50 14b() 13.17 0,03 0-W 0A0 1.90 14.50 13.03 13.17 0,60 Vo 0160 1.90 14.50 13.03 1117 0.68 Oka 1150 2,40 9,60 010 11,00 O'so ISD 100 110 9.39 9.21 0.00 0,21 2100 CAD, lalo 14.25 43.02 13,17 015 (4,30) (1.20) 1X0 KDO 13.58 13,17 0.41 1.70 1.50 1.$0 14:()() 13.67 13.17 0.60 1.30 L70 14m 13.67 13,17 0.50 1,70 1 Alt 1,80 14.0 13.68 13.17 0.41 1,70 1.50 1.60 9,92 9,50 9.00 0160 4.30 0A0 2160 9 18 9, 610 0.00 0,66 1.00 0160 2A0 14.00 14-00 13,17 0.83 1,00 1A0 4.00 14.34 14.01 13.17 0,04 (0,70) 1.30 2k0 13.97 13.62 13.17 0.45 DAO 'Loo 1.80 14.00 13.63 13,17 6.46 IAO 0.90 160 13.93 43.56 13.17 0.39 1,00 orso 1190 9's7 5,34 9.00 134 (240) LBO %50 9121 9100 011 1.30 0,10 2.40 14AT 14A7 1317 1.00 a. -GO 1;30 1,90 13,85 13062 1117 0.35 1.30 1.20 2,90 13.03 13,63 13A7 Ulf; 1.10 2.00 1.90 13.87 13.64 13.17 0,37 0,60 aso 1,90 13.03 13.61 13.17 0.44 400 0190 250 9,25 BIDS 9,00 016 psol 13.10) 2140 8172 9,39 9,00 0,39 t,la 00 GOD00 37e.95 369.01 353.40 15.G3 22A0 21.00 2,30 12.63 Itlao 11.70 0.62 033 0.70 Trillif CASH FREFE, ACCESS TAP 810 FREV. WHOUL, '10KENS I MISSE, FAIJEROX iservocts RIDS ER HIDERS PASS, 0001111 111DERS WS CHART 0 RJURS LOOPS HONOO MRON 46 33 6 2 i0.00 01 16 3 2 f, a, 00 71 54 1 13 3 27,00 107 78 5 16 9 stkoo 62 63 4 4 1 26,60 60 52 2 5 1 2600 77 65 5 a 1 32.60 5 D 41 2 12 4 20A0 40 33 1 6 1 1640 95 76 2 13 2 4 38,00 0 43 6 5 1 21.50 62 60 1 a 1 3 25.00 69 65 2 2 r. $ 32.50 77 61 6 1 a 3a60 44 38 1 t 1 25 1$100 41 19 w tg60 63 Be 3 12 1 34D10 75 69 3 3 $ 34.60 87 66 6 10 4 6 $ 33,00 76 53 2 to 4 4l 26.50 74 66 1 6 1 5 3100 74 21 3 s lo'so W so 3 1 2 COO 65 49 4 10 2 $ 2,L60 0 45 4 12 7 S 22.50 92 67 6 18 11 $ 33,60 83 67 4 to 4 $ 28,60 41 28 1 B 4 $ 14,00 41 37 2 2 ll I&SO 67 42 1 6 1 s V 00 1,034 1,640 74 237 3 to 83 770A9 04.41 61 .33 2:47 7.60 030 0.33 2.17 26.67 5Y$T8hh1 TOTAL ,7anuary.21 Day Hato SC1180ULIE SC11R0U $011600L SCt180U1! '.1sRemus, TOTAL TOTAL ': "to 14T1.a ; IFU9L FUEL Deadhead TOTAL MISS WIT, Deatihoa MISSED MISSED rMSS50a 41iS59C Total GASH FROU ACOFSS TAP i ®1 0 TIOW WHEEL TOAENS 1a1ISS6 ii F71R U � O 11'To#a6: 1b913 : Bt1 Sclladtalo' W61116I6 71g1tr41: 13a1rr41 TI610: h11LNS : 1.11ias12a An1¢aa1 ,114Su41 ,2141r141 (lllaura Tu141" Cdvaarrlm I#evc^saeaas "1IttPS Passengers 010FtiS R3ti5R5 i°,55:: 0aiR.11f11118CF51tS MS 1;FiAlit 0 MINS Total' 716vanuo 1.11toa 411,oajl3 Miles vfwcta R1idT11U1 V61hola, Vehicle REVENUE 16a Wes 1.tg0%, HQUIS JNO13): 0 R109R5 LOOPS Hours ; 1loura Mike 11; M!ahWo Hours tmum 14 13ah141a HMO : IN NON Fri 1 s Sat 2 401,70 47.03 44,47 38830 66 3S8.30 331.28 37690 4.011 7110 %36 4102 44,45 "A? 2,01 1U4 12A0 277 210 14 34 2 2 4 1 101,00 Sun 3 401,70 4703 4UT 1380,70 65 39710 395A0 380.60 1." 1,70 14..10 43.68 47,16 44.97 2.36 9,30 SJO 432. 120 :21 2.3 N.. 1 _. 5 6 .,.. 1 to'co Mon 4 57970 6021 65.71 56520 00 677.60 57120 559,00 3.45 6,40 12.20 72:30 68.85 65.71 114 &00 6,20 411 321 11 62 2 1 17 - $ 160,60 Tuo 5 579,20 0,21 6511 565.20 80 570AO 568.20 556.60 0,76 2.20: 11.60 70,25 69.50 65.71 3:79 11.00 8:60" 303 309 10 50 6 24 $ 154,50 Wad a 570:20 6521 65,71 565,20 60 57430 56 00 655,60 1:90 6.70 12,40 70,72 68.73 65.72 3.01 11.20 9,60 (0.01) (0) 425 334 26 55 - 2 1 10 0 $ 167.00 Thu :7 579.20 0,21 65.71 565.20 80 675.20 567.20 558.50 2.85 a.00 1030 71,17 68.32 65.71 2.61 42.00 :830 a - 401 326 12 '63 - .. 2 :6 - $ 163.00 Fri :8 679,20 6821 65,71: 66520 00 572.5O 567AO 55830 L02 6.10 10.70 70,88 69.06 65.71 3.35 11,:R0 8.50 ,: - 403 315 ::24 :50 -. 3.. -. 2 14 -:.. $ 157;50 Sat 0 401,70 4703 44,87.. 388,70 so 4R0.30 336.$0 341,30 IAA 7.60: 13:24 44,50 47:33 44A7 2AS 610 S40 p 261 19.2 24 40 1. .:. ::„§ "8 ..... $ 5300 Sun 11a 0116 42.0.9 4481' 353,70 65:. 322.70. 3$4 10 33150 1.21 9,10 to"20 45.28 47,a5 44....AT 2.14 7.50 4 30 - . ...:. 149. 152 ak 2a, 2 ,, 1 : 2 .: 3 76,00 :.. Mon 11 579,20 6821 65.71 565.20 00 582,00 674.90 557.00 3.00 a.00 17.90 72.41 69.41 65.71 330 4.30 8.20 - -.. 385 2D6 10 57 -.. 1 - 7 14 -... $ 140.00 T, 12 579.20 68.21 65.7't 565,20 00 573,00 $68,20 $55.30 2,70 4.60 12.90 71,22 6i1.52 65.71 2,81 11,00 %oo -. _.... 389 205 23 00 ,- 1 -: 6 11 •.: $ 147,60 V, .� 13 579.20 68.21 6531 565 20 80 571.80 56&90 554A0 2.31 4.90 12.60 70,82 68.51 65.71 2.00 12,30 10.60 -: :. 404 305 20 58 -:. 2: _... 2 12 - $ 152.60 Thu 14 579,20 6821 65.71 565.20 80 574.60 569,30 554,20 2.57 5.30 15.10 71.62 69.25 65,70 US 9.90 11.00 0.01 6 385 314 22 41 3 22 a (0) S 15700 Fri 15 57920 6&21 65.71. 565;20 80 575,80 669.60 558,80 2,90 6,30 10.70 7L26 68,36 65,71 2,65 9.70 SAO _ -, 397 :310 "18 59 -. :1: :-: 3 10 -" $ 155.00.. Sat ..Sun 177 401,70 47.03 44,87:. 188,70 66. 40i,60 a3s.00 391,70 'i.30 5.60 ICU 40..35 43.:06 44.97 3.10 6,70 740 .:. ... 308 269 2 31 : 1 _ ".:9 3 :.. 1 11064. t7 401,70 47,0 3 44,81 38070 64. 40113: 095.60 S91.99 2,13 5,40 14.40 49,00 47,76 44,37 2.88 0.13 1,10 :.. ::: 733 493 4 24 .:.. 2.... t -:2 =:.. 1 65,57r Mon 16 570.20 68.21 65.71. 565.20 80 573,70 570.30 557.50 2,37 a.40 12.60 71:J0 69.33 65.71 3,62 8,90 7.70 - -.. 380 304 21 40 .: 1 .: 4 :7 -. S 15200 Tue 19 670,20 86.21 65,71 565,20 00 575:90 570.50 556.80 2.25 6.40 13,70 71:40 69.15 65.71 3.44 8.70 SA0 :..: 371 -301 '17 38 - 2 - 3 15 - $ 150,50 Wad 20 679.20 68.21 65,71 665:20 80 576.50 57170 559.10 2.46 4.80: 12.60 70,90 68,44 65.71 2,73 7.60 010.: - .. 302 20 30 39 _. a .:. 6 14 •... $ 149.50 Thu 21 679.20 68.21 6531 605,20 80 577.70 571.70 560A0 2A6 6.00 11.30 70.05 68,49 6511 2.78 7.50 4.60 ,. 397 290 ' 24 : 9 2 - : 2 111 -.. $ 140.00 Fri 22 570,20 68.21 65.71 565.20 80 617.60 672.90 661,10 2,41 4.90 11.80 71.33 68,92 65,71 321 6.30 410 406 314 19 03 3 10 S 157.00 sat 23 401.13 47,03 44.81 398.70 44. 401.20. 396A0 366,60 2,05 0.40 11,24 46.16 4470 144,67 1.63 4,10 3A0 ..: ::::. 177 163 ,.:4 i9 u,. 1. 4 <. $ 7650 :.Scam 24 406.:arv7 41,01 4407 38070 65:. 3a940 393.20 35160 1.60 6110- 6E.60 49,10 41,60 44:,67 2,1r:3 630 TAO -: ;: .. 246 208 12 29 ;,. '3 ;.. $ Y05r447 Mon 25 679.20 68.21 65.71 565:20 60 674.40 68830 657,30 2.34 5.70 11.40 71.94 69.60 65.71 3.09 10,50 7190 308 243 6 45 1 5 14 $ 121.60" Toe 20 57920 60.21 65.71 505;20 60 578.10 572.60 558,60 1.07 5.60 13.90 70.87 68.90 65,70 3,20 610 6,60 0.01 0 364 281 16 55 - 2 0 12 S 14050 Wed 27 $79.20 68.21 65.71 565.20 80 676.00 570,00 65700 2:90 6.00 43.00 7L27 :8a.31 65.71 2.80 9.20 :8.20 .- :.. 369 :309 22 63. «.. 3 - >. :5 -. S 154.50 Thu 2a 579.20 021 65.71 565.20 80 574,70 5%90 556.40 2.A3 4,80 13.60 71,56 69.13 65.71 3.42 9.30 8.80 Soo 300 20 63 2 ; - 3 16 $ 150.00 Fri 29 670,20 $0,21 65.71 565.20 80 575.10 569.30 655.10 2.08 6,80- 1.4,20 71:60 6'9.54 65.71 3.03 9.90 10.10 - :.: 204" 160 7 :30 :-: - - $ ... 7 -..:. $ 80.00 5M 319 40L70 47,03 44.67". 368.70 5S- 46240 359.00 390.80 1.47 3,40 12'.10 48,;34 46,87 4447 2.00 2,70 1:50 ,.. 310 258 14 34 - 1. ;; .4 :.. 6 129.,00 Sun 31 40W170 47,03 4*4.5T: 308JO $6 39810 33480 3ti7'70 0.4S 3.c.0: 12.75 4324 47.,29 44,I87 2.4R 6,150 900 ,.. 211 ISO 7 34 •. _ 4 6 ... $ 95,00.: TOTAL 31 15601.06 1834.60 1762,90 16191,00 2160 16509.6 16361.00 14967.10 64.12 168.60 383.90 1916.61 1861.49 1762.89 88,60 250.00 22190 0,01 0 10,068 7,943 487 1,343 45 84 295 $ 3,871r60 Dal: I 30 820,03 61,15 50.78: 808,37 71.67 616.96. 611,70 498.90 2.14 6.29. 12.80 63.86 61,12 68.76 2,95 8.33 7A6 0,00 0.00: 335;27 26417 16.23 44.77 w.. 1.$0 2.80 9.60 -. $ 132,30.:: 1500.05 3422.00 TotalWeekday 10967A0 1288.02 1237.22 10669AO 1610,00 10906,20 10793.00 10507.90 44V 412.40: 285.90 1345.04 1300,42 1237.22 63.20 17360 161,50 0.00 0.00 7056.00 5608.00 34100 9t6,M1 ROO 31,00 C.OQ 70.00 196,00 0:01 2804.00. Average 20 640,37 64A4 61,80 63SAI 76,60 $49,11 $19AS 525.39 Z23 6.62' 14.30 STU 66.02 61.86 3116 8,88 8106 COO 0,00 ; 363,00 280.40 17.i16 46,76 1.66 - 3.60 9.80 0.00 $ 140,20 Total Saturday 231900 272,84 26204 2200,80 320.00 2302,20 2278,10 2221.50 1UI 24,10 6060 285,60 275.19 262A3 12.16 1370 3130 0.01 0101 1680,00 1236,00 76.00 226,00 0,00 7100 006 960 45,20 .0.0d 8k1a:,00 Average 5 200080 $4,67 62,67 462,'18 64,00 460.44 406,02 44640 US 4.82 10,12 6730 66.04 $2,67 2,47 7,74 6:86 9,00 0100 317.60' 247,20 18,40 48.20 1A0 1,80 ii-to 16.00) $ 121,60 Total Sunday' 131832 27I.64 262,64 2190.30 3Z0,00 230L20 2219,w 2231,70 910 22,10: 471,10 2W07 279.60 20Z84 13104 37,.70 29.10 0.00 0.00 1410.4A0 H99,00 6a06 20';.dtU 0,C0 7,00 : 0.00 8100 4LOO 000 64910.... Average 5 46936 64,67 $2.67 462AS 04.00i 460124 458,82 448.34 1.84 4A2". 9A8 6741 66A$ 6.67 2.01 7.64 6.82 0.00 0100 262,00' 21%80 13,00 40.40 ` 1A0 4.00 8.26 $ 7109,40: EXHIBIT Dial -A -Ride Driver Trip Sheets & Data Spreadsheets r Tt TAL" RIP �j° ' 1. �W - .- .: DISTANCIS �'i Ci Kl%+t'l'ili 6(, r M TOTAI PASSGI+.iCl31i y # gyp TRIPSHEET hill,lis Y 1 f. Ca.0CKO[H`Tii4113 _ 1 h11' ilfl.[6 loll _ T A113; ( t (. a a " 3" MAWTIN [ A Yet � [ , I'{ 1'D4L 1 ilt'S r k % TOTAL t3t'C}gx"Ci1153 Tull i DAY: T'CJT'eiL3t5CTi3i5 t 'ilk f TOTAL GVI` OP TOWN 1t11)S11i9 a` a el NAMB: d- LASTTD/O ikt t 1't71'ALi:d"�5E3PAYING3RI HRS D 4 PtAi,WIT ULCs1rl ES RIDERS Vi31133 (h s r& i311hT nr€i ,,aa t ) 4r k m. ,. L SC C3I?Tf 3 5 R t TOTAL NO LOADS BE Fit WIN ft TIME MILES 10tbs LUNCH TIME Mils lttis TCIfALCANCB1.9 a . i s s• I * �r LUNCH T IMB OUT �, 313F+C t I Ci 1C% °° , '. " ' �, vi *4 zi T(]1",1 L CASH h11E3T Ct�LL fi�1T9C� " �i w � f' ifttFTERLdCUKNCf ' f Ymwl l, * � � 3N Fueling TIME i 11IC piths Fueling TIME Miles 10ttls . Iwo MIL, ACT! 4 � 11 ,[i ZaNl��h3G ,.; Pump •° * f?:'.�Sv ) ?b <„'`• °.. i 5 # f �Ia�D- .. >.. ..a +..;; p�4'• eig vm s ti S" Ci� te'a,l.U,r«$r AS#p U} PICK-UP•34Yl°�n•` FF P TRIP PASS, i BEGINNING 1 rOUTOl�O t6/C PASS. lClt 1JUAC7IS[ftA3i1t7 TIME INRVKH03N1YRR ODOINIYTERRI�IlIbll5 CCA TOWN TOWN L'.1vy.�` 3i�NhG II NiltrSUIPit4lS o 1 0. d• z,d , � e a � ate_-. :...� � ._ . �� • - i d ; ti J }y �� �°� l � �� D.__. ,; ,-_ -.' - J l� ,� ^-. �, M4"lit` • s a � . f �I �l � I�";. t� r �, ^� n.. .y lS� . P 7 p '�d• 'a'; `�Y' P 4 :' �. e y•�<,t,� p6 s %y) 1 cif � +DAD • acx� 1Y;'i -� D� °h s � 4 f ¢' � 0 = D �'�f ^ti���'r'.4 � t t� r � y� s • a a K�; �"a 1 i � Ila'� � �a �" y, •g r i,. ' •rb � 'x� � b r !�€ 3 t } y 11of ) � I� • 1 `f`1:.. 4 r c , a H t2 b �e °a rl M .� a �+ " rt° �y�'" °r t { x : �`. ,,, °` 3 # '� •• a j / ., X !"� it r `+ ,e^ 1 �/'0 : O.'q t✓? w*z y T.. as .�'¢ 1#• ��, ;a , 0 l/ :/ ' S � `.. �/C '� � � o El MONTE PIAL-A-RIDE DAILY DRIVER TRIPSHEET `7 7 JANUARY 7 SIGN D 0 'o I 1111. TIME MILE TIME ODOM, BEGIN BEGIN E14D END BEGO NEXT TIME I----------- ODOM, TRM- ODOM. lVJE PAILE TIME COOK OUT OF)UT OF j Njo VED ON LEAVE EAV LEAVE nYARD LEAVE LEAVE FINISH FINISH FIRST FIRST LUNCH LUNCH LUNCH LUNCH tlff) MCKIII LAST LAST H'Atif- I FAVf'- FIVISH FINIS It Efullt RETURN I CASH PCA TOWN TOWN NO WHEE TRIP PASS rOTAI DAILY NAME HUM TWE YARD TO FUEL TOFUEL FUEL FUEL PA) PAT TIME ODOM TIME ODOM ILINCII 11ME 010 010 Ofit lQfUEl fUEl F'(91 YARD YARD RIDERS'ESCORT FREE TRIPS 31DERISHOWANCE' PWILENGLk MILE TRIKKAREBOX H.Safgsyan 4451 i�'15�6:30 45610t2 7AI) 45673.9 11,00 45698.8 11.30 457(NA 10:39 ilX 1615 45734,2 16:25 45735.6 9 2 2 2 24A 24A 9 $ 5.50 KNivera 4461 %00 10:15 55710.0 %30 6572Z5 12:30 65735.6 13-.00 557381 12:16 1115 17:07 65751.1 11-20 56764.6 7 1 1 12.6 12,6 7 $ 3.50 0:00 0.0 0:00 0.0 0.00 0.0 $ 0.00 Ro 00 Ro 00 Uo TOTALS 16 1 0 0 2 2 1 3 0 37.0 173770 -16$ %06- Nto till) REV CONTRACT REV INSERVICEFUrl- PASS PASS MILE MILE PASS TOTAL folill, VFII. MILES TOTAL TOTAL TOTAL DEAD NTD TOTAL TOTAL [IRS 1410 BILLED NTT DEAD TOTAL TOTAL NTO PER HID BILLED PER BILLED PER VEH V VEK REV, 1STIO FUEL FUEL VEHICLE HEAD TOTAL LUNCH LUNCH iST LUNCH REV REV. REVENUE HEAD FUEL FUEL TOTAL TOTAL REV 00 TOTI REV WO of - A NUJ MILES: MILLS MILES LAST TIME MILE HOURS MILES HRS TIME MILES LAST TIME HOURS HOURS HOURS HOURS THAE, MILE PSGRS HR HR. HR HR MttE 4451 65.60 63.00 67.70 60,30 9.42 5,30 07 oko 2,60 R25 11.35 7.90 8.76 790 U67 9 10 IL03 7.35 6.59 U% 4461 35.10 32,60 26,40 28i60 6.68 7.10 6,10 0,50 3.20 R62 0,98 5.54 6.12 5:64 0,46 7 1.15 1,14 5,33 4.15 0,28 ODNIO! 0 1IDNIO! 0 NDIVIO! 0 #DIVt0! 0 flDlVm! 0 0 0 0 Cu 1 001 S.w F115 13.54 4.87- ' 1 - - 11 1�4 1.131 16 1.09 - �Lsl SIRVXE: EIMOCTIE ASUGE. Toy` oast 70TAL UTO101A£ Wile D..dheaL cool t 1t1P 10104 1iltL glieyowe '. f0b .. FULL DUEL LUNCH 111LT 100L`i." CK Oradheasl. 1410TOTAL Vdi' liffilti Mckkw.Lrolfh4 '.. 0.,tmw Mile, 10TALVelaitit Wtdktotkmp w VehicleH401% 'R UCINt. TIi4E IMILtS 1100A 1 ";01 1e „TT .. Flovra PASSENGER 7 Voicu MOO ".. lwt., i 11104t "U 5 Fri it Sol 2 38.20- 33.00 26,70 630 4A 4.03 3.92 3.37 _ 0.50 1.05 5,2 0.68 9 Sun: 3 46.40 4510 38.70 6A0 6.55 6.55 6.00 6,00 0.22 1.30 - . _ 0,55 11 MOn 4 187,10 171,30: 157.40. 13.90 22:.32 19.35 20,45 17.48- 0,63. 530 1.50 4.47: 10.1 1.87. 37. Too 6 117,60 115,20 105.70 0,50 16:00 15.22 14.55 13,77 - 1.00 1,78 2.4 1.45 34` wed 6 16180 140.30 126.60 1170 2003 15.98 18.29 14.24 2.33 9,90 1.50 5.55 110 1.74 31' Thu 7- 101.30.: 95.50 83.10 12.40 16.60 14.67 14.87 13.64 - . -. 1,00 " .33 5.D 1.13 16 Fri 6 190.60 172.70' 158.50 14.20 2L93 19.30 *20.11 17.48 0,71 2,80 1.50 4.13 15.1 1.82 39 41ni 5 5820 55,20 50.70 4.60 6 77 5.97 6.20' 5.40 0.15 1.00 0.50 1.30 210 0.57 11 Sun 10 44.50 42.20 36,20 6,00 6,92 6.17 5.80 6.05 - 0,50 1.25 23 1.12 15 7,iun 11 150.40 134,60 122,20 12,40 2155 16.43 19.37 14.25 0.35 0.70 1,50 6.62 15.1 2.18 31 Tuo 12. 106,60 98.40. 88.30 1010 1238 11.62 11.64.. 10.48 1.70 ' 3.80 1.00 2,16 - 4.4 1.14 21- Wed 13 152,30 142.90 122.90 20,00 1959 17.63 16,43 14.47 1,00 2,96 9,4 3,16 31' Tbu 14 96,00 88.80 78.40 10.40 14;84 11,75 12.33 9.24 0,32 2.80 1.00 4.09 5.3 2.51 19 i=r1 16 144.70 134,00 120.20 13.80 20A0 18.85 17.67 16.12 0.52 2.30 1,00 2,65 8.4 2,73 34 Sol 18 52.20 50.30 46.80 3,50 6.83 6Z 6,17 5.39 - 0,50 1.28 1,9 H6 14 Sun 17 59.60 55,60 49.40 6.10 7:81 6.73 7.12 6,04 0.27 0.90 0.50 ' 1,58 3.1 0.69 18 Mon i8 167,80 152.30 135,50 16.80 2351 19,81 21.03 17.33 1.33 2.90 1A 5.20 12.6 2.48 3 Tue 19 182,20 16180 153.10 10,70 17.33 15.50 16.40 107 0.59 180 1.00 2.83 14.6 0.93 29 were 20 172,80 153,00 133,60 %50 21.63 18,30 19.00 15.67 0A 3.00 - 1.50 4.83 16.8 2,63 29 IN 21 109.40 98.10 87.60' %50 15,63 13,79 14.09 12,25 - 0A3 1,20 1.00 2,84 10.1 1.54 18 Fri 22 201.80 193.90 166.50' 27AO 22,29 20A5 17,34 15.50 1,65 160 1,00 2,84 4.3 4.95 33 Sol 23 28.00 19.00 15.00 4.00 OX 4.05 5,25 3.13 0.08 0.50 2,62 9.0 0,92 5 Sun 24" 42.10 37,30' 3110 6.20 6.30 4.55 5.67 3.92 0.62 1,70 0.50 2.25 311 0,63 10' Man 25> 16190 148.00 127.80' 20.20 22„50 18.70 AN 16.18 0.37 4,60 1,50 5.30 17.3 ' 2M 28 Tun 26 171,70 149,30 125.70 23.60 22.44 19.90 20.49' 17,95 0.33 - 1.50 4.04 22.4 1.95 37 Wed 27 159.70' 150.60 132.80 17,80 21.14 18.39 19,08 16.33 0.47 3.70 1.50 4,25 5A 2.06 33 Thu 26 110.60 97.20 82.70 14.50 20.46 16.96 17.26 13.76 0.20 1,70 1.50 6,00 11.7 120 21 Fd 23 138,10 121,20 WIN 16.40 2214 17,51 19.94 15.31 0.52 4.40 1.50 6.13 - 12.8 2,20 2 s41 30 39.90 36.40 30.90 6,60 650 5,47 5,92 4.89 - - 0.60 1.53 3.5 0.5B 12 Sunr 31 49.10 41.50 34,00 7.50 6.62 5.72 6.10 5.20 0.35 2,10 0,60 1.40 5.6 0,52 14' TOTAL 31 3,463.90 3,136,60 2,773.6i 362,80 469.56 395.40 408.47 344.31' %82 63.60 30.00 94.16 253.20: 6i.09 696 laity Ave 30 116.11 104.65 92AG 12.09 16.32 13.18 13.62 11.48 0.49 2.12 1.00 314 6.4+4 130 23.20 'Veirkda• 20 2.996.30 2,721.10 2,41410 306,80 394.61 340,11 350.32 296.09 13.13 56.60 25.50 79.90 217.60' 44.19 677.00 _ 3 12,6T 14.5 8 $ 4.50 11 1 6 18.9 218 9 $ 5.50 35 _ 2 13 18 7 12 94.7 101.0 35' 25.50 32 3 3 6 4 53.6 60.6 32 16.00 29 2 16 22 2 5 12 83.8 91,6 29 24.50 16 2 2 1 3 37.0 37.0 16 $ 9.40 37 2 16- 21 4 9 92.0 98.0 35- $ 28,00 11 _ 1 2 13.8 17.5 9 $ 5.50 15 _ 3 2 21.1 25,6 13 $ 7.50 29 2 15 20 2 3 10 81.3 87.0 29' $ 23,50 " 21 2 2 2 2 ' 1 40.8 40,8 - 21 $ 11.50 31 13 16 4 6 85.4 85.4 - 31 23.50 19 4 4' 2 5. _ MID 37.6 19 $ 11.50 34 _ 14 17 4 1 9 73.1 731 34 $ 25,50 14 1 4 - 19A 24.6 10 $ 7.00 18 - 2 4 26.7 31.1 16 $ 9.00 33 - 15 19 2 3 10 82.1 83.6 31 $ 26,00 29 6 6 2 6 - 69.0 69,0 29 $ 17.50 29 14 17 3 - 7 83,0 85.1 28 $ 23.00 17 -- 1 5 5 3- 3 1 46.8 51.3 17 11,00 33 19 10 - 2 7 ' 6 94.1 94.1 33 $ 26.00 5 1 3 8.0 810 5 $ 2,50 10 1 3 4 15.3 19.8 8 $ 5.00 28 - 15 15 2 4 7 67.1; 67.1 28 $ 21.50 35 2 4 4 1 4, 2 70.2 7519 35 $ %50 33 12 15 2 8 87.0 87.0 33 $ 24,00 20 1 3 5' 2 3` 2 41 45.9 20 $ 12.00 23 12 13 1 6 ' 6 61,0 64.9 21 $ 18.00 12 _ 1 1 18.0 2U 10 $ GO 14 - 2 2 21,0 25.4 12 $ 7.00 682 14 203 246 39 96 127 1,557.4 1,647.6 666 3 4%60: 22.73 0.00 0.47 6.77 410 1130 3,20 4,23 K91 64,02 21.07 $ 15,28 66100 - 140 203.00 246.00 34.00 69.00 112.00 1,382,90 1,436.60 556 $ 399.00 S&WNK. 9 [i VW1ff M4LAA" #AMOAV UNME. r rr 4 jartta vahkx trtt�t0r�t ,. „f trlr< a[ am d tanuaclrt9lL : aarall�st,44 au[rk�rrfra,a�,�� beta t r[f�a. �u[e turlati t trrtaalta�eF �[raltr,��re rr�+an:a� arro[urar : �A9YIM1aErd� �aaarxx pan . �ur[rr nurar t ... aaa�tteatir roctr voovct, rtOerslfr rrrfaa+Aastrrves TOTrfr¢ � nr r wne free 'dlc ��(ha^�mfir+�am �:+��s h�:1tL� WchfsSalGuraia VareR�ss��esa Vahrctadln+�affi !@sCwT��9t. 3169E F�M1ES 11aul e MUS Itaofa 2AssEMOEtlts �Ji�u IfiM+A1�11'H1F.4 F�412r C{R Moto$ 159909% Fd' 1 Sal 2 38,20 ` 33,00 26.70 6.30 4.58 4.03 3.92 137 _ 0.50 1.05 5,20" HIS 9" 9 3 12.60 14.50 8 $ 4.60 sun Mon 1, Tuo 5 Wed 5' Thu 7 Ft nl Sal 0 58.20 55,20 50.70 4.60 6,77 5.97 6,20 5.40 0.15 1,00 0.50 1,30 2,00 0,57 11 11 1 2 13.80` 17.50 9 $ 5.50 Sun ID float 1f Too 12' Wed 13 Tbu 14 F'1. 15 Sat" #13 62,20; 50.30 46,80 3,60 6,83" 6,05 6.17 5.39 0,50 118 1.90 0.66 14 11 a 1 4 _ 19.10 24,60 i0 $ 7.00 Buts 17 Man 18 Too 1€r Wed 20 Thu 21 Fr1 22 Set 23, 28.00 19.00' 15.00 4.00 6A7 4,05 00 3.13 0.08 -_ 0.50 2.62 9.00: 0.92 6 : 5- _ 1 3 8100 8,00 5 $ 2.60 Sun 24 Pion 25 Tune 2& Wed 27 Thu 28 Fri; 2 Sat 30 39,90 36.40 30.90 6.50 6,50 5.47' 6,92 4.89 - 0.50 1.53 3.50 0.58 12 12 - - 1 1 18.00 20.60 10 $ 6,00 Sun 3 TOUL 5 216.5 193,9' 170,1 238 3086 26.67 27.40 22.18 UZI 1.0 2,50 7.78 21.6 3.39 51 51 3 11.00 3.00 71.50 85.20 42 $ 26.50 odOA- 6 43,30 38.70 34.02 436 0.17 6111 5,49 4.44 0,05 0.20 0.50 1.56 4.32 0.68 %20 10.20 0.00 0.00 0.00 0.00 0.90 2,20 0.60 14.30 17,04 8,A9 $ 6.10 i 6ERMt ELVOIWENALAMUE 6U},VAYURMe DAY 0446Y4YCf41VaFakia taPkrRt?tBhw RiVs it€bdlaESd G`afltltacdtatAxL 6tgMrAi 19IkLE17ha%anus td@u CUa ArIEL LUluCIR *eROI;VVO "1611#€kR,9d IbtadAcad fiiCI¢O7AL ti!`4$6#Rt3OEuo MtaRi PCA w utrtrtr 4rOF 18411Qkf C;6fL 4PMIEEL 7f#NIEkXC4 :r� 356si.ee 1 rta a dttiai uaatrnrs 1Acatmx 'eaL k'AAW�b'La Rfo s4ww l.tiks... e's1r4etNiows reo-w.e,#Fw, Vt'TkYa llEuaa 'i3.1°+,T,ruwr: tW"dE htMM,e3 tiO11R 1Ri,4N Ark :9laura p,A5aEMdeE41B ME 10'04TfdBS Tqk°0! CMLU(( 01"Velif ruu.�rta ROOIRS Sot' " Soar 3 46.40 45.10 38.70 6A0 6.65 6.55; 6,00 6.00 0.22 1,30; 0.55 ito 11v0 1,0 6,0 - &W 23.80 90 6,50 MOD 4 Tuo. Wed 6 Thu a.,:. Fri a So9 9 ion 10 44.60 42,20 36.20 6.00 6.92 6.17 5.80 5.05 0.50 1.25 2,30 1e12 1600 15.0 - 3.0 2.0 21.10 25.60 13.0 7.50 ,ter, 1 Tua 12 Wed 13' Thu 14 ..Fri: 15 Sat t6 Suit 17 59.50 55,50 4140 6.10 7A1 6.73 T12 6.04 0,27 0.90 HO 1.58 3.10 0,69 18.0 18.0 m 2,0 4,0 26.70 31,10 MID $ 9,00 Masi 16 Tun: 14. Wed Z Thu 2t Fri 22 Sal 23 Sun 24 42.10; 37.30 31.W0 6.20 6,30 4,55 5.67 312 0.62 1,70 0,50 2.26 3.10 0.63 10.0 10.0 - 1.0 10 4.0 16.30 19.80' &0 $ 5.00 Mon 25 Tua 26:. Wed 27 Thu 2a Fri 29: Sat 30 Bun 31 49.1p 41,50' 34.00 7.50 6,62 5,72 6.10 5.20 0.35 2,10 0,50 1,40 5,50 0.52 14.0 %0 - - - H 2.0 21,00 25.40 12.0 S 7.00 TOTAL 5 241.60. 224.60 169.40 32; 0 34.20 :29.72.. 30.69:. 26.21 1.46.. 6.00 2,00 6.48' 14.0 3.61 68 68 e:. _ 2 1600 1200 103.00 125.70 Be $ 34.00 DO/Avg. 5 '48.32 44.32: 37.88 6.44: 6.84 5;94 6.14 5.24" 0.26 1.20 0,40 1,30 2,60 0.70 13.60 13.60. 0,00 0.00 0.00 0..00 0.40 3,20 Z40 20.60 '26.14: 11.60 $ fi.64: EXHIBIT J Department of Labor Letter of August 10, 2012 Office of Labor-RAanagement Standards U.S, �opar�:i�i�eei� of Labor Washington, D.C. 20210 August 10, 2012 Re: EMPLOYEE PROTECTIONS REFERRAL OF PENDING FTA GRANT APPLICATION Los Angeles County Metropolitan Transit Authority On Behalf Of. - Antelope Valley Transit Authority Dial -A -Ride Voucher Program; Purchase (3) 45-Ft Buses for Commuter Expansion City of El Monte JARC Operating Assistance for Sunday Service; Purchase (1) 32-Ft Bus for Expansion . City of Pasadena JARC Operating Assistance; Purchase (1) 32-Ft Bus to Increase Service Frequency City of South Gate JARC Operating Assistance; Purchase (1) 27-Ft Bus for Expansion City of West Hollywood Operating Assistance for Rush -Hour Express -'Flash"; Purchase (3) 30-Ft Buses for Expansion. FAME Assistance Corporation JARC Operating Assistance; Purchase (2) 15-Passenger Vans CA-3 7-X 171 Dear FTA Applicant al -id Union Representative: In accordance with Federal transit law, 49 U.S.C. 5333(b), the Department of Transportation has referred to this office the above -captioned grant application(s) and has requested the Department of Labor's (Department) certification that the required employee protective arrangements have been made. As required by the Department's procedural Guidelines, 29 C.F.R. Part 2 Dispatchers Association (ATDD/BLE), the Montebello Bus Operators' Association, the Montebello Mid -Management Association, and the Montebello City Employees Association, shall be considered third party beneficiaries in accordance with condition four (4) below. The City of El Monte accepts the terms and conditions of the UPA FAME Assistance Corporation The January 3, 2012, Unified Protective Arrangement (UPA) provides to transportation related employees in the service area of the above listed projects protections satisfying the requirements of the Federal transit law, 49 U.S.C., Section 5333(b). The employees in the service area of the FAME Assistance Corporation represented by the Amalgamated Transit Union (ATU) Local 1277 (at LACMTA and Long Beach), the Transportation Communications International Union (TCU), the United Transportation Union (UTU), the International Brotherhood of Teamsters (113T), the Association of Los Angeles Deputy Sheriffs (ALADS), the American Federation of State, County and Municipal Employees' (AFSCME), the International Brotherhood of Electrical Workers (IBEW), the Brotherhood of Locomotive Engineers (BLE), the Service Employees International Union (SEIU), the Southern California Conference of Carpenters (SCCC), the American Train Dispatchers Association (ATDD/BLE), the Norwalk City Employees' Association, Local 1957 (IAM), the Montebello Bus Operators' Association, the Montebello Mid -Management Association, the Montebello City Employees Association, and the Downey City Employees Association (DCEA/LIUNA), shall be considered third party beneficiaries in accordance with condition four (4) below. FAME Assistance Corporation accepts the terms and conditions of the UPA City of Pasadena - PARTS The January 3, 2012, Unified Protective Arrangement (UPA) provides to transportation related employees in the service area of the above listed projects protections satisfying the requirements of the Federal transit law, 49 U.S.C., Section 5333(b). The employees in the service area of the City of Pasadena, represented by the International Brotherhood of Teamsters (IBT), Amalgamated Transit Union (ATU) Locals 1277 and 1756, the United Transportation Union (UTU), the Transportation Communications International Union (TCU), the Association of Los Angeles Deputy Sheriffs (ALADS), the American Federation of State, County and Municipal Employees' (AFSCME), the International Brotherhood of Electrical Workers (IBEW), the Brotherhood of Locomotive Engineers (BLE), the Service Employees International Union (SEIU), the Southern California Conference of Carpenters (SCCC), and the American Train Dispatchers Association (ATDD/BLE), shall be considered third party -3- X UPA REFERRALS There are no previously certified negotiated, adopted or determined protective arrangements to be applied to the pending grant as described in 29 CFR 215.3(b)(1). Accordingly, pursuant to 29 CFR 215.3(b)(2), the Department proposes to apply the terms and conditions of the December 23, 2008 Unified Protective Arrangement referenced in Attachment A hereto. 4 Questions with regard to whether a union, and the employees they represent, should be considered a third party beneficiary to the arrangements must be raised during the 15-day review period for this grant, or the Department's, certification will specify that the employees, or their representative on their behalf will be considered third party beneficiaries. As the project representative in the Division of Statutory Programs responsible for processing this certification request, I am available to provide any assistance you may need. I can be reached by phone at (202) 693-1227) by FAX at (202) 693-1342, or by e-mail at MarchantJ@dol.goy. Sincerely, J. Douglas Marchant Project Representative Enclosure Please Note: All written communications relating to this application are to be copied to all relevant parties including, at a minimum, the parties identified in this referral and the Project Representative identified above. 3 This referral is for new applicants, applicants with new unions in the service area, or for applicants which do not have protective arrangements subject to a recurring referral. 4 Copies of the December 23, 2008 Unified Protective Arrangement can be accessed on the Department's website at http:liwww.,dol.gov/esa/olms/regs/cornpliaiiceltransit/6 UPA-12-23-08.htm or may be obtained by contacting the Department at (202) 693-0126, This arrangement was developed by the Department pursuant to 29 CFR 215.3(b)(2). I .of assistance to a Recipient, that each Recipient agrees to the terms and conditions of their respective arrangements referenced herein. This certification letter and the corresponding protective arrangements shall be incorporated into the contract of assistance between the LACMTA and the U.S. Department of Transportation (DOT), by reference. The LACMTA shall incorporate the terms of this certification into a contract with each Recipient of funds under the grant, as.a precondition to the release of assistance to the Recipient. These terms and conditions provide to transportation related employees in the service area of the project protections satisfying the requirements of 49 U.S.C., Section 5333(b). Accordingly, the Department of Labor snakes the certification called for under the statute with respect to the above Recipients under the instant projects on condition that; 1. This letter and the terms and conditions of the above protective arrangements, shall be made applicable to the instal -it projects and made part of the contract of assistance between LACMTA and the U.S. Department of Transportation, by reference; 2. As a precondition to the release of assistance to each Recipient, this letter and the terms and conditions of the respective protective arrangements referenced above, shall be incorporated into the contract of assistance between LACMTA and the Recipient, by reference; Any dispute or controversy arising regarding the application, interpretation, or enforcement of this provision which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any party to any final and binding dispute settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for a final and binding determination; 3. The term "project" as used in each of the above employee protective arrangements shall be deemed to -5- Paul Adams, Project Manager City of South Gate - The Gate 8650 California Avenue South Gate, CA 90280 Ph: (323) 563-5478 Email: Padamspsoaate,org Perri Goodman City of West Hollywood Department of Transportation - CityLine 8300 Santa Monica Boulevard West Hollywood, CA 90069 Ph: (323) 848 6400 Email: pgoodmai rr,weho.org Unions (w/copy of grant application): Jessica M. Chu, Associate Counsel Legal Department Amalgamated Transit Union 5025 Wisconsin Avenue, NW Washington, DC 20016 Fax: (202) 244-7824 Phone: (202) 537-1645 Referrals: By E-mail Mary Kay Henry, President Service Employees International Union 1800 Massachusetts Avenue, N.W. Washington, DC 20036 Fax: (202) 350-6614 Phone: (202) 730-7000 ext. 7301 Email: tonka.bradley@seiuorg Bonnie Morr, Vice President c/o Cara McGint United Transportation Union/Bus Department 24950 Country Club Boulevard, Suite 340 North Olmstead, Ohio 44070 Fax: (216) 228-0937 E-mail: (c mcgin a,utu.or) Ray Mathews Norwalk City Employee's Association 319 West Broadway Long Beach, CA 90806 FAX: (562) 435-3886 E-mail for referrals: riewjam(cc?verizon.net 6 and absent mutual agreement to utilize any other final and binding resolution procedure, any party to the dispute may submit the controversy to final and binding arbitration. With respect to a dispute involving a union not designated above, if a component of its parent union is already subject to a protective arrangement, the arbitration procedures of that arrangement will be applicable. If no component of its parent union is subject to the arrangements, the Recipient or the union may request the American Arbitration Association to furnish an arbitrator and administer a final and binding resolution of the dispute under its Labor Arbitration Rules, If the employees are not represented by a union for purposes of collective bargaining, the Recipient or employee(s) may request the Secretary of Labor to designate a neutral third party or appoint a staff member to serve as arbitrator and render a final and binding determination of the dispute. Digit'llysl"M by _ ' Lynetle5hellan DN: cn=Lynette �Shelmn-135P, - OUAS, emal=shellwnIn el ' Date.2012A8.10 0831101-WOIP -7- Keith Uriarte, Organizing Director AFSCAZE Council 57 Local 101 1900 Embarcadero, Suite 305 Oakland, CA 94606-5300 Phone: 510--436-2207 Email: l<cith.uriarte a,ca. afscine57.org Steve Rernige, President Association for Los Angeles Deputy Sheriffs 2 Cupania Circle Monterey Park, CA 91755 Phone: 323-213-4005 FAX: 323-724-0140 Gordon Hubel Email: sremi a,alads,org Coin tract Administrator Southern California Conference of Carpenters 533 S. Fremont, Suite 41.1 Los Angeles, CA 90071 Phone: (213) 738-0857 FAX: (213) 532-3735 Email: ghubel a,swcarpcnters.or Richard Edelman O'Donnell, Schwartz& Anderson, P.C. Counselor at Law 1900 L. Street, NW, Suite 800 Washington, DC 20036 Fax: (202) 429-8928 Phone: (202) 898-1824 Email: Barbara Zibordi (bzibordoodsalaw.com) Richard Edelman (redelmD a,odsalaikt.com) Robert Shore (rshorenodsalaw.com) Representing: American Train Dispatchers Association Brotherhood of Locomotive Engineers (BLE-T)/IBT Transport Worker Union Rail Division Jennifer Wozniak Laborers International Union of North America 3440 Wilshire Boulevard, Suite 835 Los Angeles, CA 90010 Ph: (213) 380-6678 Email: jennifer Q liuna777.org cc: Downey City Employee Assn, Thad Phillips c/o fred(a�,liuna777.or EXHIBIT K City's "Reasonable Modification I Accommodation Requirements" City of El Monte Public Works Department Transportation Services Division Notice of City of Ell Monte's Transit/Paratransit Compliance with New Reasonable Modification / Accommodation Requirements The Federal Department of Transportation has published a new regulation concerning the obligation of transit agencies to provide reasonable modification of policies or practices to accommodate the needs of individuals with disabilities. This new regulation has the potential to impact every City of El Monte employee that comes into contact with our customers with disabilities. The regulation (49 CFR Parts 37.169) provides that customers with disabilities may request a reasonable modification of our policies and practices in order to use our services. This new regulation is not designed to make our services more convenient to us but is specifically designed to assist those that may be unable to use fixed route services without a modification or accommodation of a City of El Monte transit or paratransit policy. It is anticipated that many of the situations that may arise are already covered in El Monte's many guides for Bus Operators. For example, some customers with disabilities request that the Bus Operator handle their fare as they are boarding a City bus. El Monte's policy already addresses this request by requiring that Bus Operators provide such assistance. This is a good example of a potential accommodation successfully addressed by El Monte's existing transit and paratransit policies. Reasonable Modifications / Accommodations Request Process Customers with disabilities are encouraged to request a reasonable modification of a City of El Monte policy in advance. Requests should be made to the City of El Monte's Transportation Services Division by email at transportation@el onteca.gov, by telephone at 626-580-2217 or by mail at 3990 Arden Drive, El Monte CA 91731. In many cases, however, Bus Operators or other frontline staff will receive the request for a reasonable modification of a rule or policy while in service. Bus Operators must contact the Bus Operator Committee (BOC) before authorizing a request for a modification of a City transit/paratransit policy or rule. The City of El Monte's Bus BOC will review and determine if the request for an accommodation or modification is provided. Operators and other frontline staff will not be responsible for making such determinations. Other frontline staff should contact their supervisor for information on how the request should be handled. Denial of Requests for Reasonable Modifications / Accommodations Requests for reasonable modifications or accommodations will be denied if they meet one of the four following criteria: 1. Fundamentally alter the nature of the service, program, or activity. 2. Create a direct threat to the health or safety of others. 1 3. If granting the request would cause an undue financial and administrative burden on the City of El Monte. 4. If the individual would still be able to fully use the services provided by the City if the request was denied. As previously mentioned, Bus Operators and other frontline staff will not be responsible for making determinations. The BOC will determine if such requests should be accommodated. Customers with disabilities may file complaints regarding denied requests for a reasonable modification or accommodation with the City of El Monte's Transportation Services Division by telephone at 626-580-2217 or via email at transportation@elmonteca.gov. Examples of Accommodations / Modifications that will usually be approved: If customers with diabetes or other medical conditions request to eat or drink on City vehicles or in a City facility in order to avoid adverse health consequences, the request should be granted. For example, a person with diabetes may need to consume a small amount of orange juice in a closed container or a candy bar in order to maintain blood sugar levels. Medicine • A customer's request to take medication while on City vehicles or in a City facility should be granted. For example, customers should be allowed to administer insulin injections and conduct finger stick blood glucose testing. City employees do not need to provide assistance, as that would be a fundamental alteration of their function. Separate Boarding Customers with disabilities using mobility devices must be allowed to board separate from their device if they, combined, exceed the weight capacity of a vehicle. City policies require that Bus Operators provide boarding and alighting assistance to customers. In addition, they are required to board and alight the mobility device, as required by policy; as long as doing so does not create a direct threat to themselves or another individual. Examples of Accommodations / Modifications that will usually be denied: Outside of the Service Area A customer's request for a bus to divert from a route or extend beyond the service hours may be denied as it would constitute a fundamental alteration of City service. N Caring for Service Animals • A request by a customer with a service animal for a City and/or contracted employee to take charge of the animal may be denied. Caring for a service animal is the responsibility of the customer or a Personal Care Attendant (PCA). Hand Carrying • Except in emergency situations, a customer's request to be lifted out of his or her mobility device should be denied because of the safety, dignity and privacy issues implicated by hand carrying a customer. Hand carrying a customer is the responsibility of a Personal Care Assistant and is outside the scope of the City and/or contracted employee's duties and a fundamental alteration of City services. Waiving Fare Payment • A request by a customer with a disability to waive the fare when boarding will be denied. Accommodating this request is a fundamental alternation to City policy. Providing a Personal Care Attendant • Requests by a customer with a disability for the City to provide a Personal Care Attendant will be denied. Accommodating this request is a fundamental alternation to City service. Additional Questions on the the City of Ell Monte's Transit/Paratransit Reasonable Modification / Accommodation Procedure: If you have any questions or require clarification, please contact El Monte's Transportation Services Division by email at transportation@elmonteca.gov or by telephone at 626-580-2217. 3 EXHIBIT L Unusual Incident Report UNUSUAL INCIDENT REPORT An Unusual Incident Report 0J|R; should be completed if an incident occurs that involves a Transportation Division dient, volunteer, vendor property or vehicle. An unusual incident is an incident that involves an injury to contractor staff urclient, hospitalization from an inoident, deedh, property damage including theft and vandalism to an Transportation Division asset, and any other incident that may be considered newsworthy by the media or incur liability to the City of B Monte. If there is an immediate throat to anyone's safety or crime is in progress —DIAL 911. If the threat or criminal activity is NOT immediate. contact the local police via non -emergency phone and 5|e a report. Complete this form, including supporting documentation and email to: szadok@elmonteca.gov and creyes@elmonteca.gov Within one work day for incidents involving: injury to a client in the care, custody and control of the Transportation Division; or injury to the general public that occurs in the performance of the scope of services of this Contract. NOTE: AoUnusual Incident Report is a confidential, internal document and cannot be released to anyone outside the City without the specific approval of the City. NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED DATE OF INCIDENT TIME OF INCIDENT LOCATION OF INCIDENT (No., Street, City, State, Zip) DRIVER NAME AND ID NUMBER COMPANY NAME AND ADDRESS COMPANY TELEPHONE TAXI COMPANY FAX COMPANY EMAIL WAS LAW ENFORCEMENT NOTIFIED NAME OF LAW ENFORCEMENT AGENCY POLICE REPORT NO. BRIEFLY DESCRIBE THE INCIDENT IN CHRONOLOGICAL DATE/TIME ORDER, INCLUDING PAST INCIDENTS THAT MAY HAVE LEAD TO THE CURRENT INCIDENT BEING DESCRIBED. Include separate sheet if necessary, Signature of Individual Making the Report: Date: FORM 1 Cost Proposal Forms Forms 1A - 1 E: $ST PROPOSAL City of El Monte — Transit and Paratransit Operations - RFP Form 1: Cost Proposal Whereas the City reserves the right to award separate contracts for the operation of fixed route transit services and Dial -A -Ride services; and Whereas the City has been considering possible service alternatives that would utilize microtransit and transportation network companies (TNCs) to increase the efficiency and attractiveness of the Dial -A -Ride service specifically; and Whereas the City reserves the right to award one or more contracts that reflect the most advantageous cost outcomes for the City. Now, therefore, the following five (5) Cost Proposal forms provide for bidders to submit Cost Proposals reflecting: Form 1-A Fixed Route* - ONLY Hourly Form 1-B Dial-a-Ride/Para - ONLY Hourly Form 1-C Fixed Route* - COMBINED Hourly Form 1-D Dial-a-Ride/Para - COMBINED Hourly Form 1-E Dial-a-Ride/Para (OPTIONAL) Per Trip All Proposers must complete Forms 1-A through 1-D (inclusive). Form 1-E is Optional. At the discretion of the bidder, Form 1-E allows bidders the autonomy to determine the most cost effective and efficient distribution of dedicated vs. non -dedicated (i.e., subcontracted or supplemental taxi, TNCs, etc.) services. A copy of forms is available in electronic (Excel) format upon request. * Note: Fuel is provided by and at the expense of, the City for the Fixed Route CNG vehicles. (The DAR vehicles are gasoline and the contractor is responsible for fueling and paying for fuel for DAR vehicles.) City of El Monte - Transit and Paratransit Operations - RFP 1 of 6 Form 1 -A: COST PROPOSAL 2022/23 2023/24 - Fixed Route On!y (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YRI YR2 YR3 YR4 YRS OYRI OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Fuel to be provided by the City at the City's expense ........ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 2 of 6 Form 1-13: COST PROPOSAL 2022/23 2023/24 - DAR/Para Only (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST �$ �$ $ $ �$ $ $ $ Vehicle Revenue Hours (projected) xx,xxx XXXXX XXXXX XXXXX X>�Xxx XXXXX XXXXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ i $ A City of El Monte — Transit and Paratransit Operations - RFP 3 of 6 Form 1-C: COST PROPOSAL 2022/23 YRI 2023/24 - Fixed Route Combined (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Fuel to be provided by the City at the City's expense . . . . . . . . . . . . .. ... . . . ..... Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 4 of 6 Form I -D: COST PROPOSAL - DAR/Para Combined (hourly) 2022/23 2023/24 2024125 2025126 2026/27 2027128 2028/29 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 2029/30 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $' OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ $ $ $ $ $ $ $ Administration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSER COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 5 of 6 Form 1 -E: COST PROPOSAL 2022/23 2023/24 YR1 YR2 - DAR/Para Per Trip (Optional) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ $ $ $ $ $ $ $ Administration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ ' TOTAL ANNUAL COST $ $ $ $ ;$ $ $ $ Number of Trips (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX Proposed Number of Trips - Dedicated Service Proposed Number of Trips - Non - Dedicated Service Proposed Cost Per Trip - DEDICATED $ $ $ $ $ $ $ $ Proposed Cost Per Trip - NON- DEDICATED $ $ $ $ $ $ $ $ PROPOSE© AVERAGE COST PER TRIP $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 6 of 6 1 9LOJ zi 6 Proposal Letter/Certificate of Acceptance PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE PROPOSER NAME: City of El Monte 11333 Valley Blvd. El Monte CA 91731 In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract. We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal. If awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addenda No(s)._ Page 1 of 2 Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP: Title Phone The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents. By: Signature Type or Print Name Business Address City, State, Zip Code Telephone Number FAX Number Page 2 of 2 FORM 3 Proposal Check Sheet Proposal Check Sheet Explain in detail any NO answers. Attach additional pages to the form if necessary. General Requirements Have you completed and enclosed the Cost Proposal (Form 1)? ❑ Yes No Have you completed and enclosed the Proposal Letter (Form 2)? ❑ Yes No Have you completed and enclosed the Proposal Check Sheet (Form 3)? ❑ ❑ Yes No Have you enclosed all required Attachments, Forms, etc.? F-1 El Yes No Have you enclosed at least three current client references? Yes No Have you enclosed at least one previous client reference? ❑ ❑ Yes No Have you included your Certification Regarding Lobbying? ❑ El Yes No Have you included your False Claims Act Certification? F-1 El Yes No Have you included your Civil Litigation Certification? ❑ Yes No Have you included your DBE Certifications, if applicable? ❑ ❑ Yes No Does your company currently possess a business license for the City of El Monte? ❑ Yes No Does your company currently provide transportation service to El Monte Residents? Yes No Does your company have previous experience in providing transportation ❑ ❑ service to El Monte resident? Yes No Operations Facilit Is your operations facility located in the El Monte service area? ❑ ❑ Yes No Have you provided the address and complete description of your proposed operations facility? Yes No Have you provided a list of all other operations provided from the ❑ ❑ proposed operations facility? Yes No Recruiting & Traininiz Do all of your drivers receive 80 hours of classroom instruction and ❑ ❑ operation training? Yes No Does your company employ a full-time training staff? ❑ El Yes No Does your company employ a full-time driver recruiter? F-1 El Yes No Does your company participate in the California DMV Employer ❑ ❑ Testing Program? Yes No Do all of your drivers receive at least 12 hours of annual refresher training? ❑ ❑ Yes No Does your company currently employ El Monte resident? ❑ ❑ Yes No Safety Have you included a copy of your company's safety plan? ❑ Yes No Does your company employ trained accident investigators? ❑ ❑ Yes No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? ❑ ❑ Yes No Does your company provide at least $10,000,000 General Liability coverage? ❑ Yes No Does your company provided $1,000,000 Workers Compensations coverage ❑ ❑ to all employees? Yes No Billing & Reporting Does your company use auditing procedures to ensure the accuracy of fare ❑ ❑ collection and billing? Yes No Are audit procedures fully described in your proposal? ❑ ❑ Yes No Project Staffing Have you identified the Project Manager in your proposal and provided ❑ ❑ a complete description of his/her experience and qualifications? Yes No Have you identified and described the experience and qualifications of all ❑ ❑ backup personnel and other supervisors that will provide service to the City? Yes No Have you included a detailed organization chart which shows the number of all ❑ ❑ staff (including drivers, dispatchers and receptionist) providing service to the city? Yes No Have you identified your maintenance manager and/or road supervisor and clearly described his/her experience and qualifications? Have you included wage and benefit information for vehicle maintenance staff and/or road supervisors? Have you identified the number and experience of vehicle mechanics? Have you provided a Manpower Analysis? Does the Manpower Analysis clearly identify the other commitments/projects that staff members are required to complete? Page 2 of 3 ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No Other Does your company survey its customers for satisfaction/needs ratings? ❑ Yes No Have you provided copies of survey results and sample surveys in your proposal? ❑ Yes No Have you included copies of your safety policy, Drug and Alcohol testing policy, accident reporting forms, management reports and all other relevant documents? Yes No Page 3 of 3 9LOJ zi 6 Ell Performance Bond PERFORMANCE BOND We, of (principal), as principal, and assurance corporation, limited, with its chief office in the City of (surety), as surety, are held and firmly bound to the City of El Monte (obligee) in the penal sum of one hundred and fifty thousand dollars ($150,000), which sum is agreed to be the maximum liability here, lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us here bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The principal has entered into a certain contract in writing, bearing date , 2022, with the obligee for the providing comprehensive local transit service for the City of El Monte, beginning , 2022 and ending , 2027, a copy of the RFP and Agreement is attached and is referred to and made a part hereof. The surety, for value received, agrees that no change to the terms of the contract, or to the work to be performed under it or the other documents accompanying it, shall in any way affect its obligation on this bond, and it waives notice of any such change to the terms of the contract of the work, or to the other documents. Consequently, if the above bound principal performs the work contracted to be done under the contract, performs all of the terms of the contract upon its or [his or her] part to be performed, then this obligation to be void, otherwise to remain in full force. No right of action shall accrue under this bond to or for the use of any person other than the obligee named here. Signed and sealed on [date]. , Principal By , its , Surety By , Attorney -in -Fact [Corporate Seal] [Acknowledgments, etc.] FORM 5 Certification Regarding Lobbying CITY OF EL MONTE Request for Proposals Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 91/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This is certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file that required certification shall be subject to a civil penalty of not less than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such expenditure or failure.] 1of2 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 2of2 False Claims/False Claims Act Certification CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 90201 FALSE CLAIMS/ FALSE CLAIMS ACT CERTIFICATION (TRANSIT & PARATRANSIT OPERATIONS RFP) Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq. FALSE CLAIMS ACT CERTIFICATION If the Proposer has no False Claims Act violations as described above, complete the following: I, , am the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (Print name of Proposing Entity) (hereinafter, "Proposer") In submitting a proposal to the City of El Monte, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of at (month and year) (city and state) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) City of El Monte False Claims/False Claims Act Certification Page 1 of 2 FALSE CLAIMS ACT VIOLATIONS INFORMATION (1) Date of Determination of Violation: (2) Identity of tribunal or court and case name or number, if any: (3) Government Contract or project involved: (4) Government agency involved: (5) Amount of fine imposed: (6) Exculpatory Information: DECLARATION I, , the (Print name of person responsible for submitting proposal) of. (Title with proposing entity) (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of at (month and year) (city and state) M. (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT FORM 7 Civil Litigation History/Civil Litigation Certification CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 CIVIL LITIGATION HISTORY/ CIVIL LITIGATION CERTIFICATION (TRANSIT and PARATRANSIT OPERATIONS SERVICES RFP) Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed. CIVIL LITIGATION CERTIFICATION If the Proposer has no civil litigation history to report as described above, complete the following: 1, , the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (Print name of Proposing Entity) (hereinafter, "Proposer") In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, 1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of at (month and year) (city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CIVIL LITIGATION HISTORY INFORMATION (1) Name of case: Court case identification number: (2) Jurisdiction in which case was filed: (3) Outcome of the case: (1) Name of case: Court case identification number: (2) Jurisdiction in which case was filed: (3) Outcome of the case: DECLARATION I, , the (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of, (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of (month and year) by at (city and state) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratransit Operations RFP Page 2 of 2 aLej zi 6 1418 STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION �iTiu1E: STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION Company/Organization Name: ("Proposer") The Proposer named above hereby certifies compliance with U.S. DOT regulations 49 CFR Part 29, Subpart F and Government Code Section 8355 in matters relating to providing a drug -free workplace. The above named Proposer or grant recipient will: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations of the prohibition. 2. Establish an on -going Drug -Free Awareness Program as required to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug -free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance Programs, (d) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Every employee who works on the proposed contract or grant will receive a copy of the company's drug -free policy statement. 4. Notify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to: (a) Abide by the terms of the company's policy statement, and (b) Notify the employer (Proposer) in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction. 5. Notify FTA in writing, within in ten (10) calendar days after receiving notice required by paragraph 4 (b) from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employer of any convicted employee, must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories. 6. Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted: 1 of 2 (a) Taking appropriate personnel action against that employee, up to an including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring the employee to participate satisfactorily in o drug abuse assistance or rehabilitation program approved for such purposes byoFederal, State. or local health, law enforcement, or other appropriate agency; and (c) Making a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraph 1,2,3,4,5, and 6 of this certification. The Proposer agrees to maintain a list identifying its headquarters location and each workplace it maintains in which activities provided by this contract are conducted and make that list readily accessible to the State Department of Transportation. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the Proposer or grant recipient tothe above -described certification. |amfully aware that this certification executed onthe date and in the city below, is made under penalty of perjury under the laws of the State of California. Executed on California Date City Signature: Print Name: Title: CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND FORM 9 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a third party contract), certifies to the best of its knowledge and belief that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by an Federal debarment or agency. 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for default. (If the primary participant (applicant for and FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OR THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. Signature of Authorized Official Title of Authorized Official W Lei zi 6 a 11 Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members FORM 10 CITY OF EL MONTE CITY HALL 1.1333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 COMMUNICATIONS WITH CITY COUNCIL, ADVISORY COMMITTEE AND CITY STAFF DISCLOSURE OF CONTACTS WITH COUNCILMEMBERS (TRANSIT AND PARATRANSIT OPERATIONS RFP) Following the deadline for submission of proposals and continuing until the City Council awards the last contract, if any: (i) El Monte City Council members, members of the City's executive management team and staff members will not hold any discussions or any meetings, conferences or other like gatherings with any Proposer, except as this RFP allows or otherwise contemplates; and (ii) a Proposer must not communicate, in any manner, with the individuals identified in romanette, above, except as contemplated under the terms of the RFP. Proposers may write to the City Council as a whole after staff recommendations are made public by staff in anticipation of a public meeting. 2. From the date the RFP is issued to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the individuals listed under romanette (i) ofparagraph 1, above, for the purpose of, or which has the effect of: • Securing or establishing an advantage over other Proposers; • Securing or recommending the selection of the Proposer's Proposal; or • Securing or recommending the Contract's award to the Proposer. • Violations of Paragraphs I or Paragraph 2 or both, will constitute grounds for rejection. 3. Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. During the one-year period immediately preceding the date of the deadline for submitting proposals, list the date of all meetings or other communications the following persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and paratransit operations the City of El Monte: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Please also identify the name(s) of the City Council members or City employees with whom such persons have met with or communicated with regarding the provision of transit and paratransit operations services to the City of El Monte. City of El Monte Transit and Paratransit Operations RFP Page 1 of 3 CERTIFICATION REGARDING MEETINGS OR COMMUNICATIONS WITH CITY OFFICIALS OR EMPLOYEES If the Proposer has had not had any meetings or other communications with the persons mentioned above regarding the provision of transit and paratransit operations to the City of El Monte with the one-year period immediately preceding the submission of this Proposal, complete the following: I, , am the (Print name of person responsible for submitting Proposal) of (Print Name of Proposing Entity) (Title with Proposing Entity) (hereinafter, "Proposer") In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has met with or communicated with any member of the El Monte City Council or any City employee regarding the provision of the transit and paratransit operations for the City of El Monte during the one-year period immediately preceding the submission of this Proposal to the City of El Monte. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of by at (month and year) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) (city and state) City of El Monte Transit and Paratransit Operations RFP Page 2 of 3 HISTORY OF MEETINGS OR COMMUNICATIONS WITH EL MONTE CITY COUNCIL MEMBERS AND/OR CITY EMPLOYEES REGARDING THE PROVISION OF TRANSIT AND PARATRANSIT OPERATIONS SERVICES TO THE CITY OF EL MONTE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THIS PROPOSAL List the date of all such meetings or communications, the City Council member or City employee with whom you met with (attach extra pages if necessary) DECLARATION the (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) (hereinafter, "Proposer") (Print Name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of at (month and year) (city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratransit Operations RFP Page 3 of 3 RC -DBE INSTRUCTIONS For Metro Subrecipient Agencies October 2020 RC -DBE LANGUAGE RACE -CONSCIOUS INSTRUCTIONS FOR DOT -ASSISTED CONTRACTS The CITY has established a RC -DBE contract goal for this Agreement of 9.0%. 1. DEFINITIONS a. The term "Disadvantaged Business Enterprise" or DBE means a for -profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). b. The Term "Race Conscious Disadvantaged Business Enterprise" or RC -DBE. DBE classes have been determined to have a statistically significant disparity in their utilization in previously awarded transportation contracts. RC-DBE's include all DBE groups, specifically: Black Americans, Native Americans, Asian -Pacific Americans, Hispanic Americans, Subcontinent Asian Americans, and Women C. The term "Agreement" also means "Contract". d. Agency also means the local entity entering into this contract with the Consultant. e. The term "Proposer" shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms "Bidder" or "Offeror" may also be used in lieu of "Proposer". f. The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY a. DBE's and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBE's and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE's. 3. SUBMISSION OF RC -DBE INFORMATION If there is a RC -DBE contract goal on this contract, the Proposer, in order to be considered responsible and responsive, must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts and submit documentation at the time of bid or proposal due date. If the Proposer fails to submit good faith effort documentation at the time of bid or proposal due date, the Proposer will be considered non -responsive. Only RC -DBE firms certified through the CUCP will be counted towards the contract goal; however, all DBE participation shall be collected and reported. For contracts with RC -DBE contract goals, the resulting contractor shall utilize the specific DBEs listed unless the contractor obtains Metro's written consent and unless the Metro's consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. All Proposers are required to submit the following items to the City: 1. The name and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract; 3. The dollar amount of the participation of each DBE firm; 4. Written documentation of the proposer's commitment to use the DBE subcontractor (the signed RC -DBE Commitment Form and/or other documentation) whose participation it submits to meet a RC -DBE contract goal; 5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. The above information shall be provided at the time noted below: 1. Under sealed bids, as a matter or responsiveness, or with initial proposals under contract negotiation procedures, or 2. No later than 5 days after bid opening as a matter of responsibility. 4. RC -DBE PARTICIPATION GENERAL INFORMATION It is the Proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and Metro's DBE program developed pursuant to the regulations. Particular attention is directed to the following: a. A RC -DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). b. A certified RC -DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. 3 c. A RC -DBE Proposer not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following; i. The Proposer is a RC -DBE and will meet the goal by performing with its own forces. ii. The Proposer will meet the goal through work performed by RC -DBE subcontractors, suppliers or trucking companies. iii. The Proposer, prior to bidding, made adequate good faith efforts to meet the goal. d. A RC -DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. e. A RC -DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a RC -DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. f. The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all RC -DBE subcontractors should be listed in the bid list of subcontractors. Firms to be counted toward the DBE Goal must be certified by bid/proposal due date. g. A prime contractor who is a certified RC -DBE is eligible to claim all of the work in the agreement toward the RC -DBE participation except that portion of the work to be performed by non -DBE subcontractors. h. In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted. 5. RESOURCES a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Proposers may call (916) 440-0539 for web or download assistance. b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at: https://dot.ca.�,yov/programs/civil- rhts/dbe-search. i. Click on Access the DBE Quern Form located on the first line in the center of the page ii. Click on the Start DBE Firms Query Cl iii. Searches can be performed by one or more criteria iv. Follow instructions on the screen 6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A RC -DBE, PURCHASES WILL COUNT TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS: a. If the materials or supplies are obtained from a RC -DBE manufacturer, 100 percent of the cost of the materials or supplies count towards the goal. A RC -DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. b. If the materials or supplies purchased from a RC -DBE regular dealer, count 60 percent of the cost of the materials or supplies. A RC -DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business. To be a RC -DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a RC -DBE regular dealer, in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not RC -DBE regular dealers within the meaning of this section. d. Materials or supplies purchased from a RC -DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A RC -DBE, CREDIT WILL COUNT TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS: a. The RC -DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there cannot be a contrived arrangement for the purpose of meeting the RC -DBE contract goal. b. The RC -DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the agreement. 5 c. The RC -DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs. d. The RC -DBE may lease trucks from another RC -DBE firm including an owner -operator who is certified as a RC -DBE. A RC -DBE who leases trucks from another RC -DBE receives credit for the total value of the transportation services the lessee RC -DBE provides on the agreement. e. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE that leases trucks equipped with drivers from a non -DBE is entitled to credit for the total value of transportation services provided by non -DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE -owned trucks or leased trucks with DBE employee drivers. Additional participation by non -DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. f. The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. g. For the purposes of this section, a lease must indicate that the RC -DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the RC -DBE, as long as the lease gives the RC -DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the RC -DBE. 8. TRANSIT VEHICLE MANUFACTURERS (TVM): a. City shall require each Transit Vehicle Manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to complete a TVM Certification Form acknowledging that it has complied with the requirements of 49 CFR 26.49 section. City shall maintain the TVM Certification Form on file for DBE Program compliance. City shall check the FTA Civil Rights webpage (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit- vehicle-manufacturers) to validate TVMs that have an FTA approved DBE program and overall goal submissions. City is required to submit TVM certification with its Semi - Annual Report when there is a TVM award during the reporting period. b. Subrecipients are required to submit within 15 days of making an award, the name of the successful bidder, and the total dollar value of the contract in the manner prescribed in the grant agreement. Metro's Grant Administration Department will complete the TVM Report and will submit the report on behalf of the City to FTA using the FTA Vehicle Award Form at the following website link: https://www.surveymonkev.com/r/vehicleawardreportsurvev. Please contact your Metro Grants representative regarding TVM reporting should you have any questions. 2 9. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS: a. CONTRACT ASSURANCE Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. b. PROMPT PAYMENT PROVISIONS The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with City's prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing. Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above -referenced timeframes may occur only for good cause following written approval from City. Failure to comply with this provision without prior approval from City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements. Prompt Progress Payments to Subcontractors Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City. This clause applies to both DBE and non -DBE Subcontractors. 7 You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed. Prompt Payment of Withheld Funds to Subcontractors The City shall identify one of the provisions below and include the selected provision in their federal -aid contracts to ensure prompt and full payment of retainage, if applicable, to subcontractors in compliance with 49 CFR 26.29. ❑ Provision #1 — No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. ❑ Provision #2 — No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both. DBE and non -DBE subcontractors. ❑ Provision #3 — The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of. a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. c. TERMINATION/SUBSTITUTION The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the City. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. The contractor must give the DBE five days to respond to the contractor's written notice and advise the City and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a respond period shorter than five days. The City shall review the termination/substitution request based on the reasons provided in 49 CFR 26.53. The contractor will include a contract clause stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the City and that, unless the written consent of the City is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. d. FAILURE TO COMPLY Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or appropriate sanctions by City, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract. 0 (DBE AND NON -DBE) PART I AND PART II (CONSTRUCTION CONTRACTS) ALL PROPOSERS: The U.S. Department of Transportation (DOT) requires CITY to maintain a "Bidders List" containing information about all firms (DBE and non -DBE) that bid, propose or quote on CITY's DOT -assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Metro's overall triennial DBE goal - setting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract: a. Firm name; b. Firm address; c. Phone number d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year; PART I - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal. PART II - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal but were not selected to participate as a subcontractor on the project. It is the Proposers responsibility to verify that the RC -DBEs) falls into one of the following six groups in order to count towards the RC -DBE contract goal: 1) Black American; 2) Asian -Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women. lul RFP FORM A — BIDDERS LIST Proposer Name of Prime's Firm: Firm Address: City I ST I ZIP Number of years in business: Contact Person: RFP Number Phone: ( ) - Email Address: Type of work/services/materials provided: Title: Is the firm currently certified as a DBE under 49 C.F.R., Check the box below for your firm's annual Part 26? ❑ Yes ❑ No gross receipts last year: Proposer has DBE Certification in the following ❑ Less than $1 million categories (place an "X"): ❑ Less than $5 million ❑ Black American ❑ Asian Pacific American ❑ Less than $10 million ❑ Native American ❑ Women ❑ Less than $15 million ❑ Hispanic American ❑ Subcontinent Asian American ❑ More than $15 million ❑ Other 11 RFP FORM A (CONT'D) — BIDDERS LIST Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal. Name of Subconsultant's Firm: Phone: Firm Address: Email Address: Type of work/services/materials provided: City ST ZIP Number of years in business: Contact Person: Title: Is the subconsultant's firm currently certified as a DBE Check the box below for your firm's annual under 49 C.F.R., gross receipts last year: Part 26? ❑ Yes ❑ No Subconsultant has DBE Certification in the following ❑ Less than $1 million categories (place an "X"): ❑ Less than $5 million ❑ Black American ❑ Asian Pacific American ❑ Less than $10 million ❑ Native American ❑ Women ❑ Less than $15 million ❑ Hispanic American ❑ Subcontinent Asian American ❑ More than $15 million ❑ Other If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract. 12 INSTRUCTIONS - LOCAL AGENCY PROPOSER RC -DBE COMMITMENT ALL PROPOSERS: PLEASE NOTE: It is the proposer's responsibility to verify that the RC-DBE(s) falls into one of the following groups in order to count towards the RC -DBE contract goal: 1) Black Americans; 2) Asian -Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal. Failure to submit the required RC -DBE commitment will be grounds for finding the proposal nonresponsive. A "RC -DBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian -Pacific Americans, Hispanic American, Subcontinent Asian American, or Women. The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer's Name, and Contract RC -DBE goal. The form has a column for the Work Item Number and Description or Services to be subcontracted to RC -DBEs (or performed if the proposer is a RC -DBE). The RC -DBE prime contractors shall indicate all work to be performed by RC -DBEs including work to be performed by its own forces, if a RC -DBE. The RC -DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter RC -DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified RC -DBEs to perform the work (must be certified on the date proposals are due and include RC -DBE address and phone number). There is a column for the percent participation of each RC -DBE. Enter the Total Claimed RC - DBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the RC -DBE, describe exact portion of time to be performed or furnished by the RC -DBE.) Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-01 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact. 13 FORM B LOCAL AGENCY PROPOSER RC -DBE COMMITMENT Local Agency Project Description Proposal Date Proposer's Name Contract RC -DBE Goal (%) This form must be submitted with the proposal. 9.0% FOR AGENCY TO COMPLETE Agency Proposal Number Federal -Aid Project Number Federal Share Proposal Date Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Signature of Agency Representative Agency Representative (please print or type) Phone Number Distribution: (1) Original - Agency files 14 Location Total Claimed RC -DBE Commitment: % Signature of Proposer 1 I Date I Date Phone Number Person to Contact (please print or type) Local Agency Proposer RC -DBE Commitment (Consultant Contracts) —Rev 062113 FORM C RC -DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. Bid Opening Date: CITY has established a Race -Conscious Disadvantaged Business Enterprise (RC -DBE) goal of 9.0% for this project Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non -responsive to the DBE requirements. Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the "Local Agency Bidder — RC -DBE Commitment" form indicates that the Proposer has met the RC -DBE contract goal. This will protect the Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC -DBE firm was not certified at bid opening, or the Proposer made a mathematical error. Submittal of only the "Local Agency Bidder RC -DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC -DBE participation: a. The names and dates of each publication in which a request for RC -DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication: Publications Dates of Advertisement b. The names and dates of written notices sent to certified RC -DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC -DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc. Names of RC - DBEs Solicited Date of Initial Solicitation 15 Follow Up Methods and Dates C. The items of work which the Proposer made available to RC -DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC -DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC -DBE participation as follows (please provide documents that sufficiently evidence the effort): Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N) d. The names, addresses and phone numbers of rejected RC -DBE firms, the reasons for the Proposer's rejection of the RC -DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC - DBE if the selected firm is not a RC -DBE. 1. Names, addresses and phone numbers of rejected RC -DBEs and the reasons for the Proposer's rejection of the RC -DBEs: 2. Names, addresses and phone numbers of firms selected for the work identified above: 16 e. Efforts made to assist interested RC -DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC -DBEs: f. Efforts made to assist interested RC -DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate: g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC -DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc. Name of Method/Date of Results Agency/Organization Contact h. Any additional data to support a demonstration of good faith efforts please include here. Proposers are advised to attach all requested documents to this form. Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts. 17 INSTRUCTIONS - SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION SUBRECIPIENT FORM D SUCCESSFUL PROPOSER: This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract. The form must be completed for all DBEs — including all RC -DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number "I". The date prepared should also be included. IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project -- including all RC -DBEs listed on the RC -DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the "Dollars Paid This Month". Enter the Total amount paid for each. DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period. Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the "Dollar +/- resulting from Change order Activity" column. SUBRECIPIENT Form D must be signed and dated by the prime contractor's representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 151h day of each month. [Note attached form incorrectly identified as "Form 103."] 18 A a 0 111 A uj m MH \; )7 \� �� §� )2 \\ / L, LU 0 1 0 m .2 0 I FEDERAL CONTRACT APPENDIX 2 FEDERAL CONTRACT CLAUSES Although federal funding is not currently being requested to fund this contract, the City of El Monte may choose to obtain future FTA grant funding to supplement funding for existing services or to expand services provided under this agreement. In order to meet federal funding requirements that may be required as a result of future funding sources, the Contractor must comply with all of the following requirements. The Contractor should be aware that requirements which are stated as requirements of the "Agency" "City," and/or "Recipient," Contractor (hereinafter "the Parties" or "the Party") are requirements which are placed upon the City by the funding source and which will be made the responsibility of the Contractor (as applicable) through this agreement, as the Operator providing the funded services. [Numbering of clauses and clause language is based on FTA Report No. 0105, FTA Best Practices Procurement and Lessons Learned Manual, October 2016.] IOW_T0101*��0030*01010RI3_P[IJO4a*11:4 a. Record Retention. The Contractor will retain, and will require its Subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 4. BUY AMERICA The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications: 1 Certificate of Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230), and the applicable regulations of 49 C.F.R. § 661.11. Date: Signature: Company: Name: Title: Certificate of Non -Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S.C. 53230)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7. Date: Signature: Company: Name: Title: [:may Jt1►4 9 M The Contractor agrees to comply with 49 U.S.0 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance and prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323 (d); 2. FTA regulations, "Charter Service," 49 C.F.R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing, The Contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any sub -contractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of ETA's Charter Service regulations; or 3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. Uwe] 11:F_1zI_1t 1—ITIAi_1►1IM =1 11=1 oIz4 Z0]41L1,1liIs]►we]i!kI:Z0]" The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3. It will report violations of use of prohibited facilities to FTA; and 4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution control Act as amended, (33 U.S.C. §§1251 -1387) 2 CITY is an Equal Opportunity Employer. As such, the CITY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apartfrom inconsistent requirementsimposed by Federal laws or regulations, the CITY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. �*MQM-11111%\►r ITC1=111-11,Mt,14*1=1ZI1101:10:1MW91-i 1� This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract 3 goal of 3.6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). City is required to include all other DBE requirements and flow -down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment 7) for DOT -Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients. 9M9991TURTY'll INT91:4 51: 191115ml0 1 illwmva M-1�►�,�� The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of the Act, 40 U.S.C. §3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employee during working hours on the job. The Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. I 110111111111111*T-11 NI=1►rM[►RW;J=1Z&4161ZNIZI=14M17-114r,'0_lZIP,Tl•11LIRIlf-lX&*X91IRRyKr!ll The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non -procurement Suspension and Debarment," 2C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement)," 2 D.F.F. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: Id The certification in this clause is a material representation of fact relied upon by the City it is later determined by the City the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees tocomply with the requirements of 2C.F.R. part 180, subpart C, as supplemented by 2C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The Parties acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract andshall not be subject to any obligations or liabilities to the Parties (whetheror not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Parties agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractors who will be subject to its provisions. The Parties acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right toimpose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extentthe Federal Government deems appropriate. The Parties also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Parties agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the sub -contractor who will be subject to the provisions. The Parties agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Saecial Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide 5 a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.0 § 5333(b) do not apply to Parties providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right tomake case - by -case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as itdeems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. The Parties agree to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. The Parties are encouraged to adopt and promote on-the-job seat belt use policies and programs forits employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased by the Parties. The Parties agree to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle the Parties own, lease, or rent, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. The Parties agree to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with privateoperators of school buses, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, "School Bus Operations," 49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Parties violate this School Bus Agreement, FTA may: 1. Bar the Parties from receiving Federal assistance for public transportation; or 2. Require the Parties to take such remedial measure as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the Parties maynot use federally funded equipment, vehicles, or facilities. The Parties should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 6 The Parties agree to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City to inspect the facilitiesand records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Parties agree further to certify annually its compliance with parts 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance, the Parties shall use the "SubstanceAbuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor hasany property in its possession belonging to City, the City will account for the same, and dispose of it in the manner City directs. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the City's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default rBreach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractorsetting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing,such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default.The Contractor will only be paid the contract price for services performed in accordance with the mannerof performance set forth in this contract. 7 If this contract is terminated while the Contractor has possession of City goods, the Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to the Cityor its agent. The Parties shall agree on payment for the preservation and protectionof goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. Opportunity to Cure The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City satisfaction the breach or default of any of the terms, covenants, or conditions of the Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this contract, such waiver by City shall not limit City's remedies for anysucceeding breach of that or of any other covenant, term, or condition of this contract. 26. VIOLATION AND BREACH OF CONTRACT Rights and Remedies of the CJty The City shall have the following rights in the event that the City deems the Contractor guiltyof a breach of any term under the Contract. 1. The right to take over and complete the work or any part thereof as City for and at the expenseof the Contractor, either directly or through other Contractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any other appropriate equitable remedy; and 4. The right to money damages. For purposes of this Contract, breach shall include [City to define]. Rights and Remedies of Contractor Inasmuch as the Contractor can be adequately compensated by money damages for any breach of the Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling Contractorto cancel or rescind the Contract (unless the City directs Contractor to do so) or to suspend or abandon performance. Remedies 8 Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, andthe rights to termination or suspension as provided herein. The Contractor recognizes that in the eventof a breach of this Agreement by the Contractor before the City takes action contemplated herein,the City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respondand to take necessary corrective action. Disputes Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's City Manager. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City Manager shall be binding upon the Contractor andthe Contractor shall abide be the decision. Performance during Dispute Unless otherwise directed by City, Contractor shall continue performance under this Contractwhile matters in dispute are being resolved. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdictionwithin the State in which the City is located. Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Parties shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Parties shall not perform any act, fail to perform any act, or refuse to comply with 9 any requests by the City which would cause the City to be in violation of the FTA terms and conditions. 28. FEDERAL CHANGES Federal Changes - The Parties shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Parties' failure to so comply shall constitute a material breach of this Agreement. 29. PROMPT PAYMENT 1. Prompt Payment to Subcontractors a. The Parties are required to pay all Subcontractors for all work that the Subcontractors has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City. b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractors no later than thirty (30) business days after the Sub -Contractor has, in the opinion of the Transit Manager, satisfactorily completed its portion of the Work. c. A delay in or postponement of payment to the Sub -Contractor requires good cause and prior written approval of the Transit Manager. d. The Parties are required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor's sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form as provided in this Exhibit "A") which identifies each sub -contractor (both DBE and non -DBE) and the date and amount of the last payment to such sub -contractor, with every payment request filed with the City, except for the first payment request, on every contract with the City. f. Failure to comply with these prompt payment requirements is a breach of this Agreement, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In addition, Contractor's failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9. a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid. These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 14 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City. The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor's first "Status Report of DBE Subcontract Payments" will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. c. In the case of a one-time procurement with either a single or multiple deliveries, a "Status Report 10 of DBE Subcontract Payments," in a form aooapbab|o to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor's final invoice tothe City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City's department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Transit Manager. Failure tofollow these directions may delay final payment. d. The address for the City: Public Works Department Transportation Services Division 3880Arden Drive E|Monte, CA01731 Attn: Sarah Zadok.Transportation Operations Manager 11 REQUIREMENTS Appendix 3 COMPLIANCE WITH LAWS AND REQUIREMENTS In performance of the services described herein, the Parties shall comply with all applicable federal, state and local laws and requirements including, but not limited to: Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. Equal Employment Opportunity Regarding the performance of this contract, the Parties shall not discriminate against any employee or applicant for employment based on race, color, age, creed, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation and selection for training. Drug and Alcohol Testing Requirements and DMV Pull -Notice Program The Parties must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40). The Parties shall comply with DMV Employer Pull - Notice Program requirements, meeting all Federal, State and local regulations. Interpretation The laws of the State of California shall govern all the rights and duties of the successful Proposer and City under the contract entered into pursuant to this RFP. Retention of Existing Employees Pursuant to Senate Bill No. 158 (California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division 24, City shall grant a ten percent (10%) written proposal preference to any Proposer who agrees to retain, for a period of at least ninety (90) days, the employees of the previous contractor. The Proposer shall declare, as part of their proposal, whether or not their firm shall retain the employees of the prior contractor for a period of at least ninety (90) days. Proposer shall ensure these transitioned employees will be utilized in similar positions and perform essentially same services as they did under the previous contractor. An "Employee" is defined as any person who works for a contractor under the prior contract but does not include executive, administrative or professional employees that are exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an employee as defined under Section 2(3) of the 1 of 23 National Labor Relations Act (29 U.S.C. Sec. 152(3)). In accordance with Senate Bill No. 158, the following obligations apply: A successor Contractor or subcontractor who agrees to retain employees, pursuant to subdivision (a) [of Senate Bill No. 158] shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment or other standard hiring qualification lawfully required by the successor contractor or subcontractor. If a successor contractor determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. In determining those employees who are qualified, the successor Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee shall operate as an employee of the successor Contractor. Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior contractor. In accordance with the California Labor Code, the successful Proposer or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than ten (10) days. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor contractor in any superior court having jurisdiction over the successor contractor. Within ten (10) working days after the contract has been awarded, the prior contractor and its subcontractor(s) shall provide to the Contractor and its Subcontractor(s) the name, address date of hire, wages, benefit level and job classification of each employee employed at the locations covered by the prior contractor's contract. The City shall notify the prior contractor and its subcontractor(s) as soon as practicable to facilitate the transfer of this information. The City shall have the right, in its sole discretion, to reject or require the removal either temporarily or permanently, by notice to the Contractor, any operator furnished by the Contractor, including any operator previously furnished by the 2 of 23 Contractor and accepted by the City. With respect to the service provided under the Contract, the Contractor shall promptly replace any operator not acceptable to or rejected by the City. The Contractor will also be subject to the enforcement provisions of California Labor Code Section 1073 for any violations of this law. In order to facilitate the provisions of the law, the City requires that upon the commencement of the Contract and throughout the full term of the Contract, which includes the information above, the Contractor or its Subcontractor(s) must indicate which employees were employed by the prior contractor and its subcontractor(s), if any. The Contractor and its Subcontractor(s) must also maintain a list of all employees of the prior contractor and its Subcontractor(s) that were not retained by the Contractor or its Subcontractor(s), and such list must indicate the reasons why such employees were not retained. Upon request from the City, the Contractor and its Subcontractor(s) must provide such lists to the City within 10 days of such request. The City has the ability to request such lists throughout the term of the Contract. The Contractor shall be responsible for defending, and shall hold the City harmless from, any claims or controversies alleging any violation or breach of Labor Code Section 1070 et seq., whether made by the Contractor's own employees, the employees of its subcontractor(s), or employees of the prior contractor or its subcontractor(s), arising from or related to the terms and conditions of employment of employees hired to work for the Contractor as of the effective date for this contract. Notwithstanding any other provisions of the Contract, no cost of liability for which Contractor is responsible under this paragraph shall be deemed an allowable cost payable to the Contractor or claim or liability for which the Contractor is entitled to indemnification or reimbursement from the City. The Contractor shall be exclusively responsible for satisfaction of all obligations that may be owed to its employees of the prior contractor, pursuant to Labor Code Section 1070 et seq., both during and subsequent to the term of the Contract. At least six months before the end of the initial term of the Contract, and each option term if exercised, the Contractor and its subcontractor(s) will provide the City with a list of employees providing service to the City pursuant to the transit and paratransit services contract. This list of employees shall indicate the length of services of each employee, their job title and description and their current salary. This information may be distributed by the City to future bidders for a new contract 3 of 23 that will commence whenever the current contract term ends. The Contractor and its subcontractor(s) must provide monthly updates of the employee lists, after the original employee list has been submitted. The Contractor's and its subcontractors' obligation to provide monthly updates of the employee lists will last until the end of the contract term. If a new contract is awarded to a different Contractor at the end of the Contractor's Contract, the Contractor must provide to the new Contractor the name, address, date of hire, wages, benefit level and job classification of each employee employed by the Contractor's locations covered by the Contractor's contract within three (3) working days after the Contractor has been notified by the City of the identity of the new contractor. a. Compliance with Legal and Regulatory Requirements and Grant Conditions In performance of the services described herein, Contractor shall be responsible to comply with all applicable Federal, State and local requirements including but not limited to, Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection, the Americans with Disabilities Act, Federal Transit Administration, Drug and Alcohol Testing requirements and other laws and regulations applicable to contracts utilizing federal funds and other local grants received by the City or by the Contractor at any time with respect to the services, equipment, real property and facilities provided for hereunder. No Obligation by the Federal Government: 49 U.S.C.Part 18, FTA Circular 4220.1 E (1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 4 of 23 Program Fraud and False or Fraudulent Statements or Related Acts: (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records: The following access to records requirements apply to this Contract: (1) Since the City is not a State, but a local government, and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction 5 of 23 sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser (City) enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. (3) Where any Purchaser (City) which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (4) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (5) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser (City), the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). (6) FTA does not require the inclusion of these requirements in subcontracts. Sources of Authority:1 49 USC 5325 (a), 49 USC 5325 (a), 2 49 CFR 633.17, 49 CFR 633.17, 3 18 CFR 18.36 (i), 18 CFR 18.36 (i) 6 of 23 Federal Changes 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference to any future FTA Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between City and FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor's failure to so comply shall constitute a material breach of the Contract. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623,42 U.S.C. § 2000 42 U.S.C. § 6102,42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. part 21, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment or a business opportunity, or deny program benefits because of race, color, religion, national origin, sex, sexual orientation, gender identity, age or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Executive Order 13166 (2000) expanded Title VI to include persons with Limited English Proficiency (LEP). 7 of 23 The Parties agree to follow: 1. The most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable federal laws, regulations, requirements and guidance 2. U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3 3. All other applicable federal guidance that may be issued (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, or National Origin - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25„ and Federal transit laws, specifically 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 8 of 23 (b) Age - In accordance with The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 — 634, which prohibits discrimination based on age; U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625; The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals based on age in the administration of Programs, Projects, and related activities receiving federal assistance; U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90; and Federal transit law, specifically 49 U.S.C. § 5332 and Federal transit law, specifically 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12112 and 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and other applicable federal laws, regulations and requirements to access for seniors or individuals with disabilities, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Parties agree to follow: a. FTA Circular 4704.1, Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients b. Other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability c. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections - In accordance with The Drug Abuse Office and Treatment 9 of 23 Act of 1972, as amended, 21 U.S.C. § 1101 et seq.; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.0 § 4541 et seq.; and The Public Health Service Act, as amended 42 U.S.0 § § 290dd - 290dd-2, the Contractor agrees to comply with confidentiality and civil rights protections requirements. d. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance — The Contractor agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties. Disadvantaged Business Enterprise (DBE) 49 CFR Part 26 Disadvantaged Business Enterprises a. The Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City of El Monte has identified a 9% DBE contract goal on this project. b. The Contractor or subcontractor(s) shall not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of El Monte deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments 2. Assessing sanctions 10 of 23 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non - responsible 49 CFR § 26.13 Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. A copy of all DBE Certifications is attached and required. c. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor's receipt of payment for that work from the City of El Monte. d. The Contractor must promptly notify the City of El Monte whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of El Monte. Incorporation of Federal Transit Administration ("FTA") Terms: FTA Circular 4220.1 E FTA has developed the following incorporation of terms and language - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth herein are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of El Monte requests which would cause City of El Monte to be in violation of the FTA terms and conditions. 11 of 23 Federal Tax Liability and Recent Felony Convictions Transactions Prohibited. The Parties agree that, prior to entering into any Agreement with any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the Parties will obtain from the prospective Contractor or sub -contractor a certification that the Contractor or sub -contractor: 1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and 2. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. If the prospective Third -Party Participant cannot so certify, the Parties agree to refer the matter to FTA and not to enter into any Agreement with the Contractor or sub -contractor without FTA's written approval. 10 rem OWN The Parties agrees to require all Contractors or sub -contractors to flow this requirement down to participants' at all lower tiers, without regard to the value of any sub -agreement. Suspension and Debarment The Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirements to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its proposal, which is attached hereto and made a part of this agreement, the Contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of El Monte. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of El Monte, the Federal Government may pursue available remedies, including but not limited to 12 of 23 suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 20, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower- tier covered transactions. Form 12 — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction. Breaches, Disputes, Defaults and Litigation Resolutions 49 CFR Part 18, FTA Circular 4220.1 E The Breaches, Disputes, Defaults and Litigation Resolutions requirements flow down to all tiers. Notification to FTA: If a current or prospective legal matter that may affect the Federal government emerges, FTA grant recipients must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third -Party Agreements and must require each Third -Party Participant to include an equivalent provision in its sub -agreements at every tier, for any agreement that is a "covered transaction" according to 2 C.F.R §§ 180.220 and 1200.220 Lobbying Restrictions: 31 U.S.C. 1352, 49 CFR Part 19, 49 CFR Part 20 The Parties agree that neither will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) (ii) U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and 13 of 23 (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Recipient's or Subrecipient's proper official channels. Lobbying Certification and Disclosure of Lobbying Activities for third -party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government Wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier, up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) 14 of 23 The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq. )] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] 15 of 23 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Environmental Protections Federal transit laws such as 49 U.S.0 §5323©(2) and 23 U.S.0 § 139, NEPA as amended 42 U.S.0 §§ 4321 et seq., as limited by 42 U.S.C. §5159, and CEQ's implementation regulations 40 C.F.R. part 1500-1508, Joint FHWA and FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. part 771 and 40 C.F.R part 622, "Protection and Enhancement of Environmental Quality" 42 U.S.0 § 4321 note (35Fed. Reg. 4247), Environmental Justice, and other environmental laws. Contractor will comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including federal, state and local laws, ordinances, regulations, and requirements, and follow applicable guidance. Clean Air Requirements: 42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18 Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 16 of 23 Clean Water Requirements: 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Contract Work Hours and Safety Standards Act: 29 CFR 5.5(b) The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from the [Federal] Government." 40 USC 3701(b)(1)(13)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $150,000." 40 USC 3701(b)(3)(A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non -construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item 17 of 23 should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The Parties agree to comply and assures that each will comply with all federal laws, regulations, and requirements providing wage and hour protections for non - construction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to 81 Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of El Monte shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and 18 of 23 Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Payrolls and Basic Records • The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. The records need not duplicate those required for construction work by the Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute. • The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy or transcribe records maintained under paragraph above of this clause. The Contractor or subcontractor also shall allow authorized representative of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours. (5) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section. Transit Employee Protective Provisions: (1) The Contractor agrees to comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable 19 of 23 to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that the U.S. DOL letter (Exhibit J). (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas 20 of 23 If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. Labor Protections: Transit Employee Protection, Title 49 U.S.C. 5333(b) requires that the interests of employees affected by assistance under most FTA programs shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. Charter Service Operations: The Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. School Bus Operations: Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. ADA Access: Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities 21 of 23 Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties. Energy Policy and Conservation: 42 U.S.C. 6321 et seq., 49 CFR Part 18 Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Drug and Alcohol Testing: Contractors who perform safety -sensitive functions must comply with FTA's substance abuse management program under 49 C.F.R. part 655 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." Contractors providing testing services involving the performance of safety sensitive activities must comply with 49 C.F.R. part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California or the City of El Monte to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before March 15 and to submit the Management Information System (MIS) reports before March 15 to the City of El Monte City Manager or her designee. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 22 of 23 b. Race -Conscious Disadvantage Business Enterprises A project -specific goal of 9.0% has been established for this RFP. We highly encourage the utilization of DBE firms on this procurement. All Proposers shall complete and submit "Bidder DBE Commitment," and "Bidders List," at the time of proposal submittal. Please reference required forms included in Appendix 1 entitled "RFP RC -DBE Instructions." 1 The City of El Monte, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). If applicable, Contractor shall furnish all documentation satisfactory to City of El Monte that the work committed to RC-DBE's was actually performed by RC-DBE's. Requests for progress payments shall include a summary of payments actually made to RC-DBE's during the invoice period (Appendix 1) which includes a total of all payments made to all subcontractors under this Contract. RC -DBE participation shall be credited toward the overall RC -DBE goal only when payments are actually made to the RC -DBE firms. CONTRACTOR shall submit on the 15th of every month to City of El Monte Contract Compliance Officer, Appendix 1. Upon completion of the Contract, Contractor shall submit "Final Report -Utilization of Disadvantaged Business Enterprises -First Tier Subcontractors," Appendix 1, and submit with the final invoice. 2 Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by Contractor to carry out these requirements is material breach of this Contract, which may result in the termination of this Contract or such other remedy, as City of El Monte may deem appropriate. 23 of 23 SETTING THE STANDARD FOR COMMUNITY TRANSIT 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 October 13, 2021 Sarah Zadok Transportation Operations Manager City of El Monte 11333 Valley Blvd. El Monte, CA 91731 Re: Proposal for the City of El Monte Fixed Route and Paratransit Services Contract - 2022 Southland Transit is very pleased to present this proposal to the City of El Monte. We have a clear understanding of the requirements established for the City's contracted Fixed Route and Paratransit/Dial-A-Ride services and are fully committed to exceeding them. Southland Transit is a regional leader in providing community public transit services. As the City's current operator of these services, we will bring that experience to the task of implementing system improvements, while continuing to provide exceptional service quality to its transit patrons. We believe that the services we can offer to the City of El Monte are superior for many reasons, including: We have operated City's Transportation Services 2002, and since beginning we have consistently maintained overall rider satisfaction. We have a detailed and thorough understanding of its rider needs. We are proposing a fully qualified and extensively experienced management team with direct experience managing this service, as well as similar services. Our proposed team has demonstrated a high level of collaboration with City staff. Our corporate office and operations facility is located in the City of El Monte, which both enables our operations staff to respond quickly to service issues and senior staff to be highly responsive with supporting the transit service and our project team. We operate multiple transit systems within the San Gabriel Valley and are positioned very well to move resources quickly, in order to continuously maintain high service delivery levels. Additionally, our proposal includes initiatives that we firmly believe will advance the Agency's Transit Services through the following elements: m1 SOUTHLAND TRANSIT, INC. N I ar» .,.. PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS- 2022 We are presenting a wage schedule that substantially exceeds minimum requirements, in order to attract and retain the most qualified, dedicated, customer focused and safe employees to deliver the City's Transportation Services. e have made a major fleet safety commitment to the system by including incident based surveillance technology that allows for real time tracking of incidents, as well as unique monitoring of driver safety habits. I hereby certify that all information submitted is true and correct. I affirm that I a authorized to bind our company to this proposal, that the company will retain all current employees covered under CA tabor Code_ 1070 and that the company will execute contract within ten ;1 j calendar days following Notification of Award. I also affirm that we understand the 'nature and purpose of the services described in the Request for Proposals ( , and hereby acknowledge the clarifications provided in addendums 1, and 3, Further; I authorize the company's slice President/COO,President/COO, Jason Snow, to serve as our primary contact in negotiating contract terms and pricing on behalf of our company, Jason can be reached by telephone at t626) 258-1387, by fax at (a) 258-1329, or by email at iason0southiandtransit.com. We appreciate the opportunity to continuo our partnership with the City of El Monte and gory Teich look forward to discussing our work plan and qualifications with you. - if there are any questions regarding this proposal please do not hesitate to contact us. e thank you for your consideration, Sincerely„ r �a Timmy`__ ardirossian„ res deri --- outhland Transit, Inc. 3650 Rockwell Avenue El Monte, CA 91731 Phone; ;626.258.13101 Fax-.626.258.13291 Email: timmy@sgtransit. om SOUTHLAND TRANSIT, INC. �� .; �� ,a 1 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 TABLE OF CONTENTS CoverLetter............................................................................................... 1 I. Background and Experience.................................................................. 7 CompanyBackground............................................................................... 7 FirmExperience......................................................................................... 7 Rangeof Services..................................................................................... 8 Municipal Transit: ............................................................................ 8 Paratransit Operations (Dial -A -Ride) ............................................... 8 Fixed Route Operations.................................................................. 9 Ability to Manage Performance.................................................................. 9 OperationsProfile.................................................................................... 11 Corporate Philosophy.............................................................................. 12 CorporateSupport................................................................................... 12 Corporate Organization Chart ....................................................... 14 Timmy Mardirossian - Resume ..................................................... 15 Jason Snow, CCTM - Resume ...................................................... 16 II. Proposed Personnel & Management Plan...........................................18 Project Organization Chart....................................................................... 18 Experience and Capabilities of Planned Team ........................................ 19 Michelle Gamez - Resume............................................................ 20 Norma Mota - Resume.................................................................. 21 LindaDavis - Resume................................................................... 22 Patricio Mendez - Resume............................................................ 23 Babatunde Akinyele - Resume ...................................................... 24 Project Team Commitment...................................................................... 25 Recruitment and Training......................................................................... 26 Initial Screening Process...............................................................26 Mechanics..................................................................................... 26 RoadSupervisors.......................................................................... 27 Dispatch and Customer Service Employees ................................. 27 Ongoing Screening....................................................................... 27 Management and Personnel Policies...................................................... 27 Equal Employment Opportunity..................................................... 27 Employee Handbook..................................................................... 28 OpenDoor Policy.......................................................................... 28 Sexual Harassment Training......................................................... 28 Drug & Alcohol Abuse Policy........................................................ 28 Safety & Training Program....................................................................... 29 Injury and Illness Prevention......................................................... 29 TrainingProgram.......................................................................... 31 Initial Driver Training..................................................................... 31 Orientation.................................................................................... 31 DefensiveDriving.......................................................................... 31 Curriculum..................................................................................... 32 SOUTHLAND TRANSIT, INC. 13 0 Pre & Post Trip Vehicle Inspection ................................................ 32 Elderly and Disabled Riders.......................................................... 32 Communications........................................................................... 33 FareHandling................................................................................ 33 Route and Service Area................................................................ 33 Hazardous Materials and Blood borne Pathogens ........................ 33 Body Mechanics and Safe Lifting .................................................. 33 Harassment in the Workplace....................................................... 33 FTA Substance Abuse Requirements ........................................... 34 Commercial Vehicle Proficiency.................................................... 34 Behind -the -Wheel Training........................................................... 34 Refresher Training........................................................................ 34 Evaluation..................................................................................... 35 Mechanic Training......................................................................... 35 Road Supervisor Training............................................................. 35 Dispatch and Customer Service Training ...................................... 36 LaborResources..................................................................................... 37 Staffing & Retention................................................................................. 39 BenefitPrograms.......................................................................... 39 Health Insurance...........................................................................39 Dental/Vision Insurance................................................................ 39 PaidTime Off................................................................................ 40 PaidHolidays................................................................................ 40 401(k)............................................................................................ 40 Bereavement Leave...................................................................... 40 Paid Jury Duty Service Leave ....................................................... 40 Sign-on/Retention Bonus.............................................................. 40 Referral Bonus.............................................................................. 41 Compliance with Labor Code 1070.......................................................... 41 DBE Subcontractors................................................................................ 41 III. Maintenance Program/Strategy............................................................43 Vehicle Maintenance Program................................................................. 43 Parts/Fluids Specifications and Requirements..............................43 Revenue Vehicle Service Condition .............................................. 43 Revenue Vehicle Damage............................................................ 44 Driver Daily Vehicle Condition Inspection (Daily Pre -Trip) ............ 44 Maintenance Personnel................................................................45 FuelRecords.................................................................................45 WarrantyWork.............................................................................. 46 Revenue Vehicle Appearance, Cleaning, and Servicing ............... 46 Daily Vehicle Inspection and Servicing ......................................... 47 Wheelchair Lifts and Ramps......................................................... 47 Preventive Maintenance Program ................................................. 48 Preventive Maintenance Inspection — A ........................................ 48 Preventive Maintenance Inspection - Brakes ................................ 49 SOUTHLAND TRANSIT, INC. 14 0 IV. Preventive Maintenance Inspection - Engine ................................ 49 Preventive Maintenance Inspection - Transmission ...................... 49 Preventive Maintenance Inspection — Cooling System ................. 49 Preventive Maintenance Inspection — Electrical System ............... 49 Preventive Maintenance Inspection — Air Conditioning System .... 50 Preventive Maintenance Inspection — Wheelchair Lift Equipment. 50 Preventive Maintenance Service — Steam Cleaning ..................... 50 Service Vehicle Maintenance Record Keeping ............................. 50 Vehicle Maintenance and Accident Reporting ............................... 51 OperationsPlan..................................................................................... 52 Understanding Expectations....................................................................52 WorkPlan................................................................................................ 53 Customer Service Center.............................................................. 53 Service Productivity and OTP....................................................... 53 Telephone Service........................................................................ 53 TelephoneSystem........................................................................ 53 Telephone Hold times................................................................... 55 TDD and Language Line............................................................... 55 Voice and Data Radios................................................................. 56 Scheduling & Dispatch System................................................................56 Reservations................................................................................. 56 Scheduling.................................................................................... 56 Dispatching................................................................................... 57 Mobile Driver Assistant................................................................. 57 Operations Monitoring...................................................................58 Customer Self-Servicing............................................................... 58 Reporting and Analytics................................................................ 58 Billing and Auditing........................................................................ 58 Balancing Automation Scheduling with Customer Needs ............. 59 Providing Operations............................................................................... 59 Passenger Disturbance & Driver On -Board Security ..................... 59 Fleet Safety - Incident Based Surveillance System ....................... 59 Responses to Vehicle Breakdowns ............................................... 60 Meal/Rest Periods......................................................................... 60 FieldSupervision........................................................................... 61 Meeting Performance Goals.................................................................... 61 Productivity and On Time Performance ........................................ 61 Complaint and Commendation Process ........................................ 61 Data Collection and Reporting................................................................. 62 Monthly Management Report........................................................ 62 Passenger Complaints and Compliments ..................................... 63 Monthly Summaries...................................................................... 63 Service Disruptions....................................................................... 63 TripSheets.................................................................................... 63 Financial Records......................................................................... 63 SOUTHLAND TRANSIT, INC. �11j 15 r* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Invoicing........................................................................................ 63 Accounts....................................................................................... 63 National Transit Database(NTD).................................................. 64 Fare Collection and Passenger Counts ......................................... 64 Fare Box Malfunctions.................................................................. 65 V. Facility/Fueling Plan.............................................................................. 66 Facility Specifications.................................................................... 67 Facility Overhead/Diagram............................................................ 68 VI. Implementation and Transition............................................................. 69 VII. Cost Proposal Forms............................................................................. 70 Form 1-C Fixed Route Combined............................................................ 70 Form 1-D DAR-Para Combined............................................................... 70 Vill. Agency References................................................................................ 71 Most Similar Projects.................................................................... 71 Fixed Route Projects.....................................................................72 Project Overview - 5 Years........................................................... 72 IX. Financial Responsibility........................................................................74 X. Required Forms..................................................................................... 75 Proposal Letter/Certificate of Acceptance ......................................... Proposal Check Sheet...................................................................... PerformanceBond............................................................................ Certificate Regarding Lobbying......................................................... False Claims/False Claims Act Certification ...................................... Civil Litigation History/Civil Litigation Certificate ................................ State of California Drug Free Workplace Certification ....................... Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility Matters .................................. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members .......................... RC -DBE Forms................................................................................. XI. Firm Exhibits.............................................................................................. Exhibit 1 — STI Employee Handbook ................................................. Exhibit 2 — STI Drug and Alcohol Policy ............................................ Exhibit 3 — STI Safety & Training Manual .......................................... Exhibit 4 — STI Customer Service Manual ......................................... Exhibit 5 — STI Accident/Incident Investigation Procedure ................ Exhibit 6 — STI Safety, Security and Emergency Preparedness Plan (SSEPP)............................................................................................ Exhibit 7 — STI Injury, Illness and Preparedness Plan (IIPP) ............ Exhibit 8 — Financial Statement......................................................... Exhibit 9 — Sample Rider Survey ....................................................... SOUTHLAND TRANSIT, INC.'�� 16 r* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Th�R I. BACKGROUND AND EXPERIENCE Southland Transit was formed in 2001 and is a privately held California corporation whose chief executives are Timmy Mardirossian and Jason Snow. The company is under the ownership of Mr. Timmy Mardirossian who maintains an active role as the company's President and CEO. Mr. Mardirossian also manages several other companies under his common ownership that primarily offer complementary paratransit service, as well as taxi and airport shuttle services. The company's conducts its business at 3650 Rockwell Avenue in the City of El Monte. The company's telephone number is (626) 258-1310 and fax number is (626) 258-1329. Southland Transit has built a reputation as one of California's most effective transit companies, operating numerous small to medium sized paratransit and fixed route systems. Because we are locally owned and operated we can ensure that the highest levels of management are directly available to our clients and project managers. Every member of a project staff has direct support and assistance from company executives and corporate managers, every day. Southland Transit, Inc. is one of California's most experienced community transit companies having operated 7 demand response services and 12 fixed -route services. These operations are provided under contract with 9 Los Angeles County cities, the County of Los Angeles Department of Public Works, Riverside Transit Agency and the Los Angeles Metropolitan Transit Authority. Through these experiences we have developed a high level of expertise in the delivery of community transit services. Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways. Paratransit and Dial -A -Ride: We provide exceptional service to many municipalities and transit agencies, operating customized demand response services. Each service is unique and has its own challenges and we have been able to customize our operations to ensure we give each client and their passengers the necessary attention they deserve. Fixed Route and Shuttle Services: We provide service on numerous fixed -route contracts. We have been successful on small and large projects. We firmly understand the demands and challenges that exist in each type of project, no matter the size. SOUTHLAND TRANSIT, INC. 17 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways. Municipal is We have provided fixed route and paratransit (Dial -a -Ride) service to multiple transit agencies and are proud to have been the operator that started the first fixed -route service for the City of Baldwin Park. In Alhambra, El Monte, Rosemead and Temple City we took over the operations from large national companies and immediately delivered significantly improved services. With our LA Metro and Riverside Transit Agency contracts we have successfully provided services as part of major regional transit systems. Paratransiti ( i - - i In the Alhambra Senior Ride service, we improved system productivity by over 38% since taking over the service in 1998. This represents hundreds of thousands of dollars in annual savings from the old productivity level. These productivity gains were t delivered while improving on -time performance "I from the low 90% level to 98%. Finally, In the City of Rosemead we reduced total annual hours to run the Dial -A -Ride Service by 500, compared to the former provider. This was achieved through more productive reservations and scheduling practices. The above are just some of our highlights that have a particular focus on senior and ADA operations, which we hope will provide insight as to our partnership efforts. SOUTHLAND TRANSIT, INC. 18 0 Fixed C We have provided service on a number of small to medium sized fixed route operations throughout Southern California since 2001. In every case, we have improved on time performance through a commitment to maintenance and by working with our clients to ensure that route time points were aligned with realistic traffic and ridership patterns. In cites of Alhambra, El Monte, and West Covina, we took over the operations from large national transit companies and were immediately able to deliver significantly improved services. We have been the only operator of Baldwin Park Transit Services and have done all of the route scheduling and much of the route planning for this system, growing this service from four small cutaway buses to six medium duty transit buses. Southland Transit took over operation of the Alhambra Community Transit (ACT) fixed - route system in 1998. Ridership increased every year that we have operated the system due to the cooperating marketing efforts with City staff, which included a summer fun pass system, rider newsletters, and an active customer service survey program. Essential to growth and development of this system has been our improvements in maintenance of the CNG fleet and our work to change the schedules to reflect changes in traffic flow and thereby make schedule adherence consistent. These two factors have made the service more reliable for the riders. Southland Transit is a local transit firm and operates multiple transit systems within the San Gabriel Valley. Our corporate offices are located in El Monte and we are well positioned to move resources quickly, in order to continuously maintain high service delivery levels to all of our clients. Each of our contracts is supported by an independent management team, each of whom are guided and overseen by our various corporate departments. Southland Transit possesses all of the tools and resources necessary to ensure that the City's Transit services can be delivered successfully in light of our other contracts. SOUTHLAND TRANSIT, INC. lh- 19 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers' report directly to the company's executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, cost- effective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local. Vehicle Maintenance: Our vehicle maintenance performance is a strong as any of our competitors. We have taken on the challenge of the growing use of alternate fuels and established successful programs with both propane and compressed natural gas (CNG). Our maintenance programs have supported vehicles across the full spectrum from paratransit minivans to 40 foot low floor CNG coaches. Our record of performance on California Highway Patrol (CHP) inspections and third party maintenance inspections has been exemplary. Safety and Training: Our community transit operations have established an exemplary safety record that has allowed us to maintain cost effective insurance coverage for our clients. Our drivers undergo extensive training, with an emphasis on safety. Deployment of High Technology Dispatch: Southland has used GPS and wireless communication with on -board computers to enhance productivity and service reliability in dial -a -ride and flex -route service. We do not believe that any firm in California can match our record of performance in the successful implementation and use of automated dispatching systems for demand response service. National Transit Database (NTD) Reporting: Many of our current contracts require NTD reporting and we are well -versed in the required reporting process. In many of our existing community transit operations we have had to assume primary responsibility for reporting the data to MTA because our smaller cities typically have no staff to handle these reporting functions. We have worked closely with Metro staff to meet all audit requirements. Regulatory Compliance: We regularly train managers on managing in compliance with state and federal law. In addition, we pride ourselves in complying with all applicable federal laws and requirements, including, but not limited to, Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. Local Corporate Support Team: Southland Transit, Inc. is based in the San Gabriel Valley. Our regional presence has allowed us to establish support systems for recruiting, training, safety, reporting, and vehicle maintenance that SOUTHLAND TRANSIT INC. � �`. 1 1 O r* "I ryae., sc;Y". PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE allow our project managers to focus on the needs of their clients, and for company executives to be responsive and available to our clients when necessary. Secured, Fully Equipped and Nearby Facility: Our proposed facility is located at 3650 Rockwell Avenue in El Monte and houses all of Southland Transit's San Gabriel Valley community transit operations. It is both secured and fully equipped, offering maintenance on -site 24 hours a day, 7 days a week. Senior Management Experience: Southland Transit's senior management team offers over 40 years of combined experience with providing community based transit services. No senior management team can compete with our knowledge of transit services in the San Gabriel Valley. We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers' report directly to the company's executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, cost- effective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local. Southland Transit is a California S Corporation. The company independently maintains a workforce of 293 employees, of which 74 are City of El Monte residents. We, together with our affiliates, collectively employ a total of 881 employees, including drivers, call center staff and mechanics, and operate passenger transportation services from the following sites: El Monte, CA (Headquarter) Parking (Sq ft) 147,423 Structures (Sq ft) 14,620 vehicles 251 EmployeesSite I 408 Baldwin Park, CA 76,520 11,471 60 99 Perris, CA 105,778 10,222 116 97 Los Angeles, CA (Alameda) 55,710 6,280 120 203 Los Angeles, CA (Hooper) 19,773 7,147 14 24 Sun Valley, CA 40,607 18,634 45 18 Moreno Valley, CA Client Let N/A 1 1 Montclair, CA 64,181 5,411 51 31 SOUTHLAND TRANSIT, INC. I 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 We treat every project in a unique manner that addresses the particular needs of that project. We emphasize availability to our clients and a cooperative effort in addressing their concerns and issues that may arise. We groom our project managers to understand that their relationship and collaboration with each client, and support of their passengers, is paramount in the task of providing top shelf community transit service. We are careful not to distract our managers with unnecessary layers of supervision and internal reporting, which fundamentally separates us from our competitors. This results in each of our client enjoying an unmatched level of responsiveness and accountability. Southland Transit is committed to client partnership. Our executives share in this commitment and approach every project in a unique manner that addresses the particular needs of that project and client. We emphasize availability to our clients, and a cooperative effort in addressing the client concerns and issues. As the corporate offices are located in Southern California, our clients have unparalleled access to not only project staff but also to corporate personnel. Timmy Mardirossian, President/CEO Mr. Mardirossian has over 40 years of experience in the transportation field and provides strategic direction to the company. Additionally, Mr. Mardirossian is the chief executive of San Gabriel Transit, which is also a California corporation that was founded in 1953 and was one of the first companies to provide public paratransit services in Southern California. Through Timmy's leadership, San Gabriel Transit has built a strong reputation by effectively operating some of the most difficult demand response operations in the industry, including Access Services. Jason Snow, CCTM, Vice President/COO As Southland Transit's Vice President and Chief Operating Officer, Jason directs all of the company's operations and provides direct support to its managers and clients. Jason has over 20 years of transit experience, including the direct management of individual paratransit and fixed route transit systems that range from 5 to 300 buses. Jason began his career as a bus operator in 1996 and has progressed through all levels of operations and safety management, allowing him to draw on first-hand experience to support Southland Transit project teams. Steve Neimand, General Counsel In a company the size of Southland Transit managing workers' compensation claims and processes can mean the difference between success and failure. Steve's role at our company is to provide on -site training to managers and supervisors on Workers' Compensation as well as disseminate written material and notification of upcoming SOUTHLAND TRANSIT, INC. wN 12 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 seminars on the subject. He processes and forwards all new injury claims to appropriate insurance company and then reviews and monitors all open claims on a regular basis, scheduling claims reviews with each insurance company. Wayne Seale, Director of Maintenance Wayne has been with Southland Transit since its inception in 2001 and has maintained continuous responsibility for the development of our facility and vehicle maintenance programs. Wayne has over 40 years of automotive repair experience and holds ASE Master Technician certification. Wayne's office is located at our El Monte facility and he provides daily maintenance support to our project teams and clients. Ermine Manvelyan, Human Resources Manager Ermine oversees our Human Resource and Compliance programs, as well as administers our benefits programs. Ermine has received training in wage and hour law and is directly available to all managers and supervisors to assist with questions and issues pertaining to employee performance, benefits, wage compliance and complaints. Elin Mardirosian, Risk Manager Elin is responsible for ensuring that company incidents and accidents are reported and properly tracked for claims and submission to clients, as required. Elin actively monitors compliance with established reporting systems, in order to ensure claims are brought to resolution. Haik Ohanian, Information Technology Haik has recently joined our company and will strengthen our IT department through his extensive leadership and technical expertise. Haik has nearly 20 years of technical experience, having lead the unit responsible for providing direct IT support to Los Angeles County Supervisors, and most recently leading operations and contract deliverables for a major IT consultancy firm. Haik understands how IT infrastructure varies by client and is well versed with interpreting contract requirements, as well as developing and supporting solutions that are unique to the needs of each of our projects and clients. SOUTHLAND TRANSIT, INC. 113 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Corporate Organization Chart SOUTHLAND TRANSIT, INC.w 1 � 14 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 Timmy a • Resume President/CEO Southland Transit, Inc./San Gabriel Transit, Inc. El Monte, CA 2001 - Present President/CEO 1991 - Present Responsible for overall management, planning, and development for a $90,000,000 per year full service transportation firm. Southland Transit/SGT specializes in quality ground transportation with over 600 taxicabs, a fleet of over 250 Access Services ADA vehicles, eight fixed route projects, the operation of over thirteen municipal dial -a -ride contracts and three regional center transportation projects. California Transit, Inc., Los Angeles, CA 2008 - Present President CTI operates the Central region for Access Services, Inc. Operating 100 Access Services vehicles CTI transports over 1,400 passengers per day. Super Shuttle San Fernando Valley (Arcadia Transit, Inc), Sun Valley, CA 1994 - Present President Developed corporate strategy for a reliable shared ride airport transportation system which has grown to 60 vehicles serving Los Angeles International Airport and the Burbank Glendale Pasadena Airport, and many of the major tourist destinations of southern California. Super Shuttle of the San Fernando Valley provides over 250,000 trips per year and is proud to provide CNG vans as part of its fleet. Tri City Transportation Systems, Inc., Sun Valley, CA 1996 - Present President Tri City operates Checker Yellow Cab of Burbank and Glendale. Responsible for corporate planning, profit and loss, and market development for a 100 taxicab fleet operation. Network Paratransit Systems, Inc. San Bernardino, CA 1997 - Present President Developed corporate strategy for taxicab operations in San Bernardino and Riverside counties. Developed business plan for franchise operations in Ontario later expanding operations to include Ontario Yellow Cab. Currently Bell Cab operates approximately 100 cabs in San Bernardino and Riverside counties. G&S Transportation, Inc., Sun Valley, CA President City Cab in the cities of Glendale, Burbank and Pasadena. 1990 - Present Beverly Hills Cab Company, Inc., Los Angeles, CA 1979-1991 President/Chief Operating Officer During 12 years with Beverly Hills Cab, held all levels of management positions while overseeing acquisitions and was responsible for significant growth strategy. EDUCATION California State University of Los Angeles, Bachelor of Mechanical Engineering 1981 merry , SOUTHLAND TRANSIT, INC. 15 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 Jason Snow, CCTM - Resume Vice President/COO Highly responsive Transit Operations Executive with a proven success record of developing and managing cohesive, lean and highly effective teams to deliver safe and efficient transportation services, under contract with public and private passenger transport agencies. Experienced with for profit and non-profit sectors to provide fixed -route, flex -route and ADA paratransit services. Reputation for progressing organizational effectiveness through continual evaluation of service performance and internal processes, in order to introduce best practices and clear organizational accountability for safe, compliant and reliable transportation delivery. PROFESSIONAL EXPERIENCE Vice President/COO Southland Transit, Inc. — El Monte, CA October 2016 to present Senior management representative responsible for the daily operation of Southern California's most experienced provider of community transit contract services. Provides leadership and support to project teams to ensure that they have necessary resources to continually deliver exceptional service to customers. Assistant General Manager — Orange County Transit Authority I Fixed Route First Transit - Anaheim, CA January 2015 to October 2016 Responsible for the administration and daily oversite of operations delivering large urban fixed route service utilizing a combined fleet of 270 full sized CNG/LNG transit coaches and supported by a workforce of nearly 400 union drivers, dispatchers, supervisors. Managed a seamless transitioned of employees from former contract provider and began service without disruption. Developed operations control methods and procedures, training programs and KPI tracking metrics that quickly resulted in sustained improvement of on time performance. General Manager, Multiple Contracts MV Transportation - Salinas, CA March 2014 to October 2014 Responsible for the management, operation and maintenance of fixed route, trolley, paratransit and shuttle services utilizing a combined fleet of 90 cut -away, trolley and hybrid buses, and supported by a workforce of 130 employees who being represented by 3 unions. Services provided to local Transit Agency, Regional Center and two private firms. Resolved major AR backlog of more than $2M within first 90 days. Established compliance with CBA terms for driver scheduling within first month, while simultaneously improving labor efficiency through development and implementation of new run -cut that clearly outlined work assignment and selection procedures. General Manager, Multiple Contracts Keolis Transit America, Inc. Long Beach, CA September 2011 to March 2014 Responsible for the management, operation, and maintenance of fixed route, dial -a -ride, shuttle and demand response services utilizing a fleet of 95 coaches and supported by 120 employees. Services provided in support of 11 accounts, including Los Angeles County DPW, 2 Cities, 2 Universities and 3 Regional Centers. Implemented multiple procedural and work process changes to maximize labor effectiveness and efficiency, as well as improve employee focus, system safety and overall cost-effectiveness. SOUTHLAND TRANSIT, INC. :� 16 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 General Manager, RTA - Commuter Link I Fixed Route Transportation Concepts, Inc - Riverside, CA 2010 to 2011 Responsible for the management and operation of contracted fixed route and commuter link services throughout agency service area (including San Diego), utilizing a fleet of 84 alternative fuel coaches and supported by a workforce of 150 employees, including 130 Teamsters. Successfully transitioned service between incumbent and successor companies, while maintaining service performance levels for on -time roll out and scheduled routes completed at over 98 percent. Southland Transit, Inc. Vice President of Operations 2009 to 2010 Senior management representative responsible for the bus operations of a regional transit contracting firm, encompassing a fleet of more than 350 coaches, including full size transit coaches using alternative fuels, and an employee base exceeding 600. Principal responsibility maintaining 29 service contracts held primarily with municipal and other public sector clients. Primary responsibility for PnL performance, with a combined 32 million dollar annual budget. General Manager, LA Metro - East Contract Region I Fixed Route ( Express Route Southland Transit, Inc - Baldwin Park, CA 2005 to 2009 Direct responsibility for start-up of the operation with virtually no incumbent employees. Managed the conversion of this operation from a fleet of entirely diesel to alternate fuels, including both CNG and propane. Managed the installation of automated bus washing, CNG Time -Fill station, as well as equipment required for client's TAP fare card & ATMS installation. Project exceeded the performance of MTA's own San Gabriel Valley sector for all key performance criteria, including specifically on -time performance, miles between maintenance failures and miles between accidents. Regional Director of Operations Southland Transit, Inc - Southern CA 2003 to 2005 Responsible for providing management support for start-up and operations of the company outside the Los Angeles basin; including those in Ventura, San Luis Obispo, Lancaster and San Diego. Worked with clients and project managers to insure attainment of project objectives. Regional support of contracts with the Cities of Arcadia, Monrovia, West Covina, Baldwin Park, La Puente, Temple City and the Whittier operation for the County of Los Angeles. EDUCATION AND PROFESSIONAL DEVELOPMENT Community Transportation Association of America Certified Community Transit Manager (CCTM) University of Arizona, Eller Executive Education High Impact Leadership Pepperdine University, Graziadio School of Business Management Paratransit/Transit Management University of Nevada, Reno, College of Extended Studies Management, Supervision and Business Law USDOT, Transportation Safety Institute Certified Mass Transit Instructor FTA Substance Abuse and Program Compliance Instructor Recertification Course in Bus Operator Training SOUTHLAND TRANSIT, INC. ilj 117 i* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Th�m II. PROPOSED PERSONNEL & MANAGEMENT PLAN SOUTHLAND TRANSIT, INC. " 118 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Southland Transit's proposed project team is largely comprised of Key individuals who presently serve the City of El Monte in delivery of its Fixed Route and DAR services, and have all demonstrated exemplary performance. Their expertise will be backed by the full support of our corporate management team who are previously identified in this proposal. :Z Senior Project Manager: Michelle Gamez is an experienced and committed manager with a deep understanding of Municipal Transit Systems and passengers. Michelle works closely with assigned project staff and stands ready to coordinate a smooth service transition. In holding this position she is responsible directly to the City's Staff for all tasks described in this proposal, including but not limited to, supervision of all project staff, oversight in the preparation of operational reports and other required information, full participation in community outreach efforts, and response to City officials on any system concerns. Project Manager, Fixed Route Operations: Norma Mota has served as project manager for the City's contracted transportation services for more than 15 years. Norma was born and raised right here in the City of El Monte and has a highly familiar with the area and passenger needs. Norma's primary role will be to respond to all daily inquiries from the City and its passengers, as well as to ensure that Fixed Route service is properly staffed and operates according to all published routes and timetables. Norma will also work closely with City staff to recommend or assist with route realignment, as deemed necessary. Assistant Manager, DAR Operations: Linda Davis has been involved with the City of El Monte's contracted transportation services since prior to Southland being awarded the contract in 2002. Linda understands the service from where the wheels meet the road, having served in virtually all positions, including driver, dispatcher and manager. Linda's experience and rapport with system employees makes her an exceptional fit. Linda's primary role will be to ensure that DAR service is properly scheduled, staffed and delivered, according to contract requirements. Maintenance Coordinator: Patricio Mendez is maintenance professional with over 10 years of experience providing heavy duty vehicle maintenance, including buses. Safety & Training Coordinator: Babatunde Akinyele, is a passenger transportation safety professional who leads our central training and field support activities from his office in El Monte. In this role he provides classroom and BTW training, as well as coordinates field supervision, driver evaluations and in- service training. SOUTHLAND TRANSIT, INC. ��} 19 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 MichelleSenior Project Manager SENIOR TRANSIT MANAGER with significant experience in providing general public dial -a -ride and fixed route transit service in highly productive environments using automated dispatching. Experienced with project reporting, both customer required reports and NTD reporting. Responsible for selection and training of customer service and dispatch staff for the company's consolidated call center. PROFESSIONAL EXPERIENCE Southland Transit, Inc. Senior Project Manager 2009 to present Responsible for overall operation of the company's general public dial -a -ride services. Interviewed, selected & trained customer service team leaders and reservationists in effective use of the Trapeze system. Developed the company's approach to the effective use of Trapeze in a dial -a -ride environment. Interviewed potential operators and selected for training. Investigated accidents and/or incidents & provided reports to clients. Handled customer comments and complaints. Developed direct relationships with problem clients to insure their issues were not disruptive to the service. Worked with the other project managers to develop facility wide solutions, in particular the movement of the vehicle washing and cleaning crews from being managed by the maintenance staff to the operations staff resulting in a more accountable and organized vehicle cleaning/detailing program. Project Manager- Alhambra and Rosemead 2012 to 2013 Responsible for the daily operations of the Alhambra and Rosemead Services. Provide supervision for operators and call center. Produced monthly billing reports to suit client needs. Compiled information for and to adhere to NTD reporting requirements. Call Center Manager 2003 to 2008 Managed consolidated call center operation using Trapeze automated dispatching for the Cities of Monrovia, Alhambra, West Covina and the Downey Regional Medical Center. Trained all team leaders and reservationists in the proper operation of the Trapeze system. Monitored telephone performance, system productivity and on -time performance. Managed the service implementation for the dispatch portion of the West Covina Project. Dispatcher 2002 to 2003 Worked as a reservations call taker and later a dispatcher on the Alhambra Transit system. During this period system was changing from a manual system to Trapeze as part of a technology demonstration project. EDUCATION AND TRAINING University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate Drug & Alcohol Reasonable Suspicion Training Sexual Harassment Awareness/Prevention Training STI Basic Supervision Course Trapeze Dispatch Software Training LACMTA NTD Training SOUTHLAND TRANSIT, INC. N311 120 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 NormaProject Manager, Fixed Route Operations TRANSIT MANAGEMENT PROFESSIONAL with significant experience in providing both fixed route and demand responsive services. Experienced with project reporting, both customer required reports and NTD rep01 iing. Worked extensively with staff at client cities and transit agencies. Managed the performance of dispatchers, driver supervisors and drivers. Able to speak Spanish fluently, as well as being literate in Spanish. PROFESSIONAL EXPERIENCE Southland Transit, Inc. Project Manager, El Monte 2005 to present Responsible for all aspects of the company's operation in support of the fixed route and dial -a - ride systems for the City of El Monte. Worked closely with City staff to improve reporting systems and provide a high level of service quality. Delivered consistent improvement in the productivity of dial -a -ride systems. Worked with City staff to develop routing modifications to accommodate low floor buses. Project Manager, Baldwin Park 2003 to 2005 Responsible for both drivers and field operations in support of the Cities of Baldwin Park, Temple City and the County of Los Angeles as well as dispatch operations for all of the above plus the Cities of La Puente, Cerritos, Lawndale and unincorporated East Los Angeles. First Transit, Inc. 2002 to 2003 Office Manager, Foothill Transit Operation Responsible for all project reporting and financial functions at this large operation providing service to the Foothill Transit Zone. Supervises administrative staff and provides reports to project management as well as client staff. Was responsible for the entire recruiting operation. First Transit, Inc. 1991 to 2002 Assistant Manager, City of El Monte Operation Handled all project reporting, financial accountability and personnel functions. Provided orientation to multiple project managers and routinely did the project manager job during times when no manager was assigned. Handled employee/staff discipline as well as complaints from the public and the client. In the last two years of the project was responsible for all non - maintenance employees, including drivers. Training & Education University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate Community Trans. Assoc. of America (CTAA) Understanding Passengers Who Have Experienced Trauma California Assoc. for Coordinated Transportation (CaIACT) Drug & Alcohol Program Manager USDOT, Transportation Safety Institute Reasonable Suspicion and Post Accident Testing Determination Leadership & Supervisory Skills for Women LACMTA NTD Reporting Course Front Line Leadership Training SOUTHLAND TRANSIT, INC. $ � ! 121 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 Linda Davis ---Resume- Assistant i1anag3N!MffjjKe- • • - •� TRANSIT/PARATRANSIT OPERATIONS MANAGER with proven success in managing effective community transit service, scheduling and conducting quality, productive dial -a -ride service and working with governmental clients to insure the effectiveness and transparency of contracted services. Works closely with transit users and the public to answer questions or concerns on a positive basis. Has worked extensively with both fixed route transit drivers and dial -a -ride drivers to maintain schedule integrity and a positive community image. Highly skilled in the use of scheduling and dispatch software for dial -a -ride. I I*] z ro OWN a:4 N 114 ol I" t Southland Transit, Inc. 2002 - Prese-40 Operations Manager, City of El Monte Transit System After coming over from the previous contractor as a supervisor and dispatcher, steadily add responsibilities and has been functioning as overall Operations Manager since the prima facility was established in El Monte in 2004. Handles all driver scheduling and driver sign-ons insure effective service coverage. With the assistance of call center staff provides monitoring both fixed route and dial -a -ride performance throughout the day. First Transit, Inc. Dispatch Supervisor, El 111onte Division 1995-2002 Dispatched drivers for fixed route and dial -a -ride services. Also responsible for scheduling, cash handling, attendance records, answering telephones and other office duties. Trained dispatchers and routers. Dial -a -Ride Driver, El Monte Division 1994-1995 Safely and courteously provided transportation service for the elderly and physically challengeii passengers using the City of El Monte dial -a -ride. Fixed Route Driver, El Monte Division 1992-1994 Provided safe and on -time fixed route service to patrons of the El Monte Trolley transit system. Durham Transportation, Inc. Special Education School Bus Driver 1991-1992 Transported physically challenged students from home to school and return. Z LP M Consulting, Inc. Reasonable Suspicion & Post Accident Determination for Drug & Alcohol Testing Southland Transit, Inc. Sexual Harassment Awareness for Supervisors Commercial Driver's License with Passenger Endorsement Verification of Transit Training Southland Customer Service and Dispatch Training Rio Hondo College, Emergency Medical Technician Course 1990-1991 SOUTHLAND TRANSIT, INC. 122 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 -`Iatricio Mendez - Resume Maintenance Coordinator TRANSIT MAINTENANCE FOREMAN with extensive experience in performing a verseein•havy line vehicle maintenance. Has worked in transit vehicle maintena n specifically for more than 15 years. I og e Southland Transit, Inc. Present Maintenance CoordinatorlLead Technician Assigns and supervisors shop work assignments. Transmission, Multiplex Electrical systems, as well cooling systems. Troubleshoots and repairs heav components. 7'rerforms diagnostics of Engine, fs HVAC, charging, starting and Iduty air brake and suspension Smog Pros Technician 1999- 2005 Customer service; Repair of electrical, ignition, charging and starting systems. Perform vehicle suspension, brake, alignment and tire repairs. Diagnose HVAC systems. Repair vehicle emission systems. Assist customers with part identification and diagnosing drivability complaints. Assist with organizing and conducting annual merchandise inventory, � Technician 1996- 1999 Heavy line vehicle maintenance. Brake and lobe service. Engine and transmission removal/replacement. Vehicle suspension and alignment repair. Bilingual — English/Spanish Professional Management and Customer Service Proficient with Cummins Insite / Allison DOC Software Automotive Service Excellence (ASE) Certified DVOM Certified Transit Electrical Certified Cummins 8.9 Level I & Certified CNG Fuel System Inspector Certifie#' ' •'�•��� SOUTHLAND TRANSIT, INC. iwj123 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSPORTATION SAFETY PROFESSIONAL with seven (7\ years ofsignificant training and supervisory experience. Experienced with deve|Vping, nnentohng and supervising dhvena, as well as with delivering high quality training in SUppOd Of p8r8tr8nSit and fixed nDUhe transit services. Southland Transit Inc., El Monte, CA 2014 — Present Safety @kTraining Coordinator Oct 2015— Present l[[8iOiDQ and iDStnuCUn0 Of new operator iO take their written test for C|8SS E] CODlOOS[Ci@| [)hm8nS License. Conducting Safety nn9etingS, conducting driving evaluation and retraining of operator (in class and behind the wheel (BTVV). Road Supervisor Mar 2015—Oct 2015 Maintain performance standards GG required by the FTA and FOOT. Maintain the safety Of vehicle operations, 8Dlp|Oye8S and CUS[ODlS[S. Monitor operations including drivers, nDUL8S' and assignments; Respond to customer request and emergencies that may occur. Bus Operator Sep 2014—Mar 2015 Providing S8f8' COU[tex]US transportation SHnviCH to CUStODl8rS and 8SSiSbOg those with or without mobility devices in boarding and exiting the vehicle. Raytheon Space and Airborne Systems,El Segundo, CA 2004-2012 Bond, Coat and Paint process Lab Supervisor 2009-2012 Supervised 8 highly talented staff, which supported the Space and Airborne Engineering |8bS and production centers for the xvhO|e E| Segundo facility. This included precision cleaning, C0Df0[DlG| COGtiDg, p@iOdOg' bonding and eDC@pSu|8UDg, Worked with the C0[neCtiOD Action Board (CAB)for quality and process improvements. Electrical Assembly Operat|om(EAO) Project Manager 2008-2009 GNSPnodwction Lab Supervisor 2004-2008 EDUCATION AS, Electronic Engineering Technology — ITT Technical Institute CERTIFICATION Bus Operator |natruutor-Tran Safety Institute Certified Exonniner— California Department of Motor Vehicles R8 Sigma Specialist Certified Polymeric Applications Certified Polymeric Application Inspection Certified ' '�� ��OUTHLANDTRANS|T INC |��^� :F. PROPOSAL F• '' THE CITY OF • Ire ROUTE TRANSIT AND PARATRANSIT .. •2022 The following table describes the relevant knowledge, availability and experience of our project team that will be responsible for the successful management of City's contracted transportation services. As a demonstration of our commitment to this project we have selected the finest individuals within our company who are all ready to provide the best management and operation of this service beginning on day one. Further, we commit that each will remain dedicated to this project, as described below, and that fully dedicated staff will not be replaced without prior written consent from the City. Key �� � Weekly ResponsibilityProposed DedicatedPersonnel As Senior Project Manager, Michelle will oversee the activities of directly assigned project staff and serve as a MICHELLE GAMEZ first layer corporate contact to the City. Michelle will Senior Project 15% 6.00 ensure that the company remains compliant with Manager regulations and all contract requirements, as well as be directly responsive to the City's Transportation Manager in this regard. As Project Manager, Norma will ensure that the City's Fixed Route system is operated safely and according to published timetables. Norma will also work closely with NORMA MOTA and support the DAR Operations Manager to ensure Project Manager 100% 40.00 service is delivered consistent with all regulatory and Fixed Route contract requirements, as well as be the City's first point Operations of contact for day-to-day project matters/inquiries. We commit to not removing or reducing Norma's availability for this project. As DAR Operations Manager, Linda will be directly responsible for assigned Call Center employees and system drivers. In this role, Linda will ensure that trip LINDA DAVIS requests are scheduled with a high level of customer Assistant Manager 100% 40.00 service and that assigned drivers are safe, prompt and DAR Operations courteous while transporting passengers. We commit to not removing or reducing Linda's availability for this project. Babatunde is currently assigned to oversee our training "TUNDE" AKINYELE department in El Monte. Babatunde is a TSI certified Training Safety 20% 8.00 Coordinator Bus Operator Instructor, and is a certified DMV examiner. Patricio is currently assigned to oversee shop PATRICIO MENDEZ maintenance in our El Monte. Patricio holds multiple Maintenance 20% 8.00 ASE certifications and will work closely with our Fleet Coordinator Maintenance Director, Wayne Seale, to ensure vehicles are properly maintained and available for service. SOUTHLAND TRANSIT, INC.'` i� 125 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 RECRUIT rW , We will use two primary sources to hire employees: 1. As the incumbent provider, we will retain current employees who continue to meet requirements. 2. New hire drivers with no prior passenger transportation experience. It is critical to our overall success that a viable program be established for training individuals without experience. It allows us to maintain balance in our recruitment efforts and be less dependent on the actions of other employers in filling our positions. The screening process for project employees meets all legal and contract specifications. Applicants must complete our application and those seeking a position that requires commercial licensing will submit a current DMV printout (1-16). Those who meet our minimum qualifications will be interviewed and those demonstrating the appropriate interest and character will be offered employment that is subject to their submitting to a complete background, as well as a pre -employment physical and drug screen. In addition, Driver applicants are screened using the Live Scan fingerprint system. Driver applicants must either possess a California CDL with appropriate endorsements, or meet the following minimum requirements for entry into CDL training: 5 years driving experience; DMV record with no more than three (3) moving violations in preceding 5 years; No rail crossing convictions; No reckless driving, DWI/DUI or drug abuse convictions or license suspensions due to such convictions in last ten years; We seek drivers who are able to read, write and communicate in English; however, we appreciate the skills and versatility brought to the service by those who are able to communicate in more than one language. We have had exceptional success in attracting highly qualified technicians to staff our maintenance operations because they are attracted to our commitment to doing the job right. Southland has no layers of bureaucracy to preclude them from participation in the development of effective maintenance policy. Wayne Seale has been instrumental in working with our customers and our technicians to develop a maintenance plan that will produce clean, reliable equipment for Southland drivers. Wayne makes certain that the plan is followed and that the vehicles are maintained to the highest standards. SOUTHLAND TRANSIT, INC. I�h j 126 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 We seek to recruit technicians who want to be part of an operation committed to continuous learning. Our expectation is that every maintenance employee will make continual progress to develop his or her knowledge and skills. Such development is then recognized in pay increases. SupervisorsRoad Road supervisors are generally chosen from the driver pool or, in the case of a contract take over, from qualified existing road supervisors. We choose individuals who are motivated and show supervisory potential. If the individual chosen has no previous supervisory experience s/he will be sent for a class on supervision through the Transportation Safety Institute. In-house the road supervisors are trained in the procedures for accident investigation, response to service problems, and informed of all service standards for the contract on which they will be working. They also attend a company training session regarding human resources issues and procedures at Southland. EmployeesDispatch and Customer Service Our approach to hiring dispatch and customer service representatives is to seek individuals with computer familiarity, high energy, and bilingual capability. We have had great success in attracting committed, bright, talented workers, in part because we offer a competitive wage with health benefits and, more importantly, we respect the tremendous importance of the customer service department in the success of our company. Ongoingr i Employee selection actually continues throughout the training process. We do not hesitate to remove trainees who are not achieving the desired level of proficiency in any area, including safe driving skills, interaction with riders, ability to read maps and navigate the service area, and ability to use assigned communications and IT equipment. All safety sensitive employees remain subject to ongoing drug and alcohol testing and driving records are checked at least once per year through the California DMV Pull Notice program. OpportunityEqual Employment At Southland Transit we take great pride in our commitment to equality and opportunity in the work place. Our employees represent the ethnic diversity of California. SOUTHLAND TRANSIT, INC. �STU"'_ 127 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Performance in the work environment is the basis from which we judge our employees. Managers and supervisors are trained in equitable management techniques, and their ability to supervise their employees in a nondiscriminatory and equitable manner is part of their job appraisal. Employee Southland is a California company and is concerned with insuring the highest level of compliance with both state and federal employment practice laws. It is quite common for national employers to note only federal laws in areas such as wage and hour rules, discrimination, leave policies, etc. California laws are frequently more protective of employee rights. The Southland Transit, Inc. Employee Handbook addresses all issues of personal time off, leaves, pay practices, holidays, overtime, family leave, as well as the company's safety, harassment, and anti -violence policies. The handbook was written to fully comply with both federal and state law. It can be found with the written policies submitted with this proposal. Open r Policy Southland Transit maintains an "Open Door" policy to promote communication between employees and management. Employees who are having problems or wish to register a grievance can do so directly to senior management of the company. Their grievance will be heard and the employee's supervisor is given 48 hours to provide a resolution in writing to the principals and the applicable parties. This practice enables employees to utilize and enhance problem solving and managerial skills. Southland Transit senior management believes this process promotes self-esteem and professional growth. Sexual Harassment Training Our Human Resources Manager conducts the mandatory sexual harassment training of supervisors and managers throughout our company. Furthermore, the company schedules classes on a regular basis to insure that new hire managers and supervisors, as well as those who are promoted from within, obtain this required training and meet the refresher requirements. AlcoholDrug & Abuse Policy Southland has an established anti -drug and alcohol misuse prevention program in accordance with the terms of Code of Federal Regulation (CFR) 49 Parts 40 and 655. Testing includes mandatory pre -employment drug screens, random testing, and post - accident testing for all drivers and "safety sensitive" employees as defined by federal law. All drug and alcohol testing is done in accordance with the DOT requirements for split screen testing. In addition Southland has a written policy for a Drug Free workplace in its handbook. SOUTHLAND TRANSIT, INC. 128 'F. PROPOSAL F• '' THE CITY OF • ROUTE OPERATIONSNTRANSIT AND PARATRANSIT f Managers and supervisors also undergo additional training to ensure that they fully understand the requirements and indications for "reasonable suspicion" testing, possible signs of drug and/or alcohol abuse. This allows continued monitoring of workers when reporting for duty and during the course of their workday. A copy of the complete policy can be found in with the written policies submitted with this proposal. 0�17r7.E#EE# . Southland Transit believes that the safe transportation of our customers is the principal responsibility of our company. This statement forms the basis of our safety philosophy. During all aspects of service delivery, Southland Transit will demand that each of its employee place safety as the top priority. We will remind employees that it is our responsibility to protect the safety and health of our passengers. We have dinged a number of highly effective safety programs to ensure that we maintain safety for our employees and customers. Our safety program has three components. Safety Awareness and Training, Accident Prevention and, Safety Awards Safe working habits, defensive driving, and attitude, lifting, accident prevention, program, using the following platforms: training and retraining on driving skills etc., are regular subjects covered in our Safety Messages — Safety messages are regularly updated to focus employees on current topics and problem areas. These are typically announced over our radio system. Safety Posters and Campaigns — Southland Transit will conduct special safety campaigns to highlight particular problems and reinforce safe work practices and driving skills. Safety Meetings — These meetings are held monthly and all employees must attend. Awards Recognition — Drivers are recognized during safety meetings for practicing safe operating procedures. InjuryIllness Prevention Southland Transit has a fully compliant Injury Illness Prevention Program in place as well as a Hazard Communication Program. The plan meets all requirements of good practice as well as state and federal laws. Under this plan regular walk through inspections of the facility and equipment inspections are undertaken, as well as investigation of all reported safety problems. SOUTHLAND TRANSIT, INC. 129 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Occupational, Environmental Health and Safety Plans and Programs — This program identifies specific programs designed to provide a safe and healthy workplace for employees. Hazardous Materials Program — This program ensures that all employees are aware of the hazards and precautions associated with hazardous substances. The program includes the listing of hazardous substances, container labeling, maintenance of Material Safety Data Sheets, training, hazardous material spill response, and environmental compliance and waste control and disposal practices. Facility Inspections — We periodically inspect our facilities for unsafe or unhealthy conditions and to arrange for corrective actions for unsafe or unhealthy conditions in a timely manner. The frequency of facility inspections is based upon the risk associated with the operating activity, but usually does not exceed more than one month. Equipment Inspections —We have a preventive maintenance program in place to identify equipment malfunctions that could lead to accidents and/or injuries. The preventive maintenance program shall include scheduled inspections and replacement intervals that meet or exceed the recommendations of the equipment manufacturer. Hazard Identification — We maintain a hazard identification and resolution program that provides a method of identifying bus system hazards, assessing their potential impact on the bus operations and efficiently eliminating or controlling them. Accident Investigation — While we do everything possible in our training and ongoing safety meetings to avoid accidents, they do occur and we train our employees how to handle those situations. Every driver is trained in the handling of an accident situation. The driver immediately contacts dispatch and/or the field supervisor when an accident occurs. Dispatch then coordinates an appropriate response, which will include calling City staff to report the accident. The driver is trained to seek appropriate information at the accident scene, which is reinforced by the arrival of a field supervisor or member of management personnel. Pictures are taken at the scene for thorough documentation. Accidents which take place with consumers on board, or when an accident will cause a delay in service are reported immediately. If needed a field supervisor or cover driver will use another vehicle to keep service on time. Driver direction for handling accidents is part of the materials used in training and included in driver guides. Emergency Response — We have prepared an emergency response plan to quickly establish control and chain of command in the event of emergencies. Site specific plans should identify local hazards, evacuation procedures, facility emergency management organization, and include information on emergency resources. Proper Documentation — We have established methods to allow for timely reporting, resolution, and recording of hazards, injuries, and accidents, as well as a reporting system that allows employees to anonymously report workplace hazards in writing, SOUTHLAND TRANSIT, INC. �' 130 r* "I ryae., sc;Y". PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE identify management resolution and response to the hazard, and a log to record the incident. We have prepared a comprehensive training program to provide safety training that includes classroom instruction with lesson plans and training materials. Our safety rules and guidelines plan informs employees of the hazards of their jobs and appropriate methods for reporting and controlling the hazards to prevent accidents and injuries. Our Safety and Training program identifies the training requirements for each classification of employee and identify the frequency of training and retraining required for each classification. Operator training shall be provided that focuses on defensive driving, rules pertaining to safe vehicle operation, pre -trip and pull-out inspections, emergency procedures, and injury and illness prevention. A copy of our Safety Rules and Guidelines Plan, as well as our Safety and Training Program manual can be found with the written policies provided with this proposal. Initial iTraining The following is an overview of the initial driver training curriculum. This system is in use throughout our company and has been used to train transit drivers in service to operations throughout Central and Southern California. Classes follow the training materials from the National Transportation Safety Institute, with further development of materials from Transportation Management Associates for passenger assistance training and the Smith System for defensive driving. As we provide paid training, a trainee is an employee as soon as s/he enters training. The initial session is to introduce the trainee to employee policies and procedures and to insure that all of the necessary initial paperwork is completed. Defensive Driving Our defensive driving instruction includes both the defensive driving course provided by the National Safety Council and the Smith System. In the two programs trainees learn techniques for avoiding accidents on the road, covering such things as attention to situations which can bring about accidents, making yourself aware of the actions of other drivers and pedestrians, the proper methods for crossing, entering and exiting the vehicle. We include the Smith System materials because they provide an exceptional tie in to behind -the -wheel training where our behind -the -wheel trainers use the proven Smith System process: ALL: Aim high in steering GOOD: Get the big picture SOUTHLAND TRANSIT, INC. If 131 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 KIDS: Keep your eyes moving LOVE: Leave yourself an out MILK: Make sure they can see you Curriculum The Transportation Safety Institute, the training branch of the Federal Department of Transportation, has developed this 3-part curriculum. Every segment utilizes slide shows and a follow up exam. Vehicle Operations: This segment discusses maneuvering techniques in several different operating environments with a variety of bus sizes. The primary focus is fixed -route operations with large vehicles in a variety of operating environments. Customer Service: This second segment works with the first to give the driver trainee effective tools in handling customers, in both fixed and paratransit applications. Emergency Management: This final segment covers the requirements for handling accidents and vehicle breakdowns. It also builds on the customer service segment in that it sets out methods by which the driver deals with these situations when the vehicle has passengers in congested situations. Pre & Post Trip VehicleInspection In class the trainee learns about the regulatory requirements related to the multiple items a driver must check such as tire tread depths, steering play ratio, air and hydraulic brake testing, etc. The most important part of this training continues with the trainees going through the "hands-on" portion, with buses. Elderly iRiders Empathy and Special Needs: The emphasis here is to train the driver how to respond to these passengers with care and consideration of special needs. Different approaches are used, such as having the trainee visualize what life would be like with a disability: if s/he were required to use a wheelchair, cane, seeing eye dog; if s/he were mobility impaired, lost balance, suffered from a cognitive impairment. The goal is to assist the driver in moving past pure sympathy or a demeaning view to understanding and the ability to aid and assist in a helpful manner. Mobility Device & Securement: Trainees learn the correct use of vehicle lifts, ramps and restraint systems. Every trainee learns this both in the classroom and "hands-on" in the vehicles, acting as a driver and as a passenger. Emphasis is also put on the physical safety of the rider and the driver who is boarding the passenger, as well as completing the task without damage to the mobility device itself. SOUTHLAND TRANSIT, INC. �Sllii;t 132 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 ADA Training: The full range of requirements of the American with Disabilities Act as it impacts transit operations is covered here. Thus drivers learn about fares, service animals, discrimination, calling stops, steps to undertake when a wheelchair lift is inoperable so that the passenger is not stranded on the street. This service will operate with radios, thus drivers will be trained in ten -codes and plain speak. In all cases the appropriate time to use the communication device is emphasized. HandlingFare Trainees are familiarized with the correct handling of fares, such as how to use fare boxes, whether assistance in handling currency is appropriate, and explanation of accounting for the number of passengers for reconciliation purposes if the contract so requires. Additionally, trainees are familiarized with the particular contract's fare structure. ServiceRoute and The classroom training is reinforced and supplemented during behind -the -wheel training. The ability to navigate is essential for a driver. Trainees learn how to use a Thomas Guide and learn to route themselves with a Thomas Guide. On fixed -route services they are familiarized with the particular routes on the service. MaterialsHazardous Trainees are familiarized with the hazardous materials that may be encountered in their job including the handling of body fluid spills that could lead to virus transfers, and use of the body fluid kit. Body Mechanics and Safe Lifting Drivers are required to use their body in many aspects of their job. To insure their safety we specifically train on the correct body mechanics for these tasks including the correct method for lifting, pushing, securing wheelchairs, and boarding and exiting the vehicle. Harassment in the Workplace Every employee, beginning as a trainee, is given information on harassment in the workplace. The goal is to make certain that employees know how to report any problems they have as well as to train employees on the many faces of illegal harassment and that Southland does not tolerate this in the workplace. SOUTHLAND TRANSIT, INC. 133 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Drivers are taught the problems of substance abuse, with regard to the job, but also with an eye to its effect on quality of life. Southland's Drug and Alcohol Policy is covered in detail. All rules and regulations are strictly enforced in accordance with DOT rules and regulations, as well as with the company policies. Commercial Vehicle Proficiency When the driver comes with a C-class license the trainee also undergoes the necessary training to obtain a Commercial Driver's License. Behind-the-WheelTraining No driver operates on Southland service without undergoing behind -the -wheel training. Members of our Safety and Training department select and train all behind -the -wheel trainers. There is at least one behind -the -wheel trainer at every Southland facility. Behind -the -wheel training includes training at a secured parking facility through an obstacle course; road evaluation of the driver's skills; and route training for the specific service. Additionally the trainee learns of the particular system requirements in effect. Once the trainees begin behind -the -wheel training the safety department oversees the efforts, gets continual updates regarding how the training is progressing, and will do behind -the -wheel training themselves when needed. Southland training emphasizes strenuous pre -testing and a formal final review prior to the trainees taking their final or CHIP exams and moving on to "regularly scheduled" driver status. Our formal review is based on the observations of the behind -the -wheel trainer. Behind -the -wheel trainers spend more time with potential employees than any other person in the company. Thus we have given the trainer authority to make a "do - not -hire" recommendation. Refresher Training Every service driver is evaluated by a behind -the -wheel trainer or training supervisor at least twice a year and undergoes retraining if appropriate. Retraining is also scheduled for any driver involved in a preventable accident or incident. There are monthly scheduled safety awareness classes to continually refresh and renew the skills necessary to be an effective, safe and courteous driver. Because we have created an atmosphere where the road operations and training functions work closely together, these safety classes are very productive. The sessions address issues that are particular to the service the drivers are on. In the initial training as well as in the recurring sessions, drivers always have the opportunity to ask questions, and clarify issues. The most important part of training is not to follow a checklist, but to make certain that the participants in the training are SOUTHLAND TRANSIT, INC. ' ill 134 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 actually learning and incorporating the materials presented. Our training department does not pass on people who will not be effective team members. In addition to our general observations and ride-alongs with drivers, we have developed a unique approach to driver evaluations, which allows us to measure the performance of the driver in several key categories. Our evaluation procedure involves a performance appraisal directed specifically at the assessment of those skills required by a demand responsive driver. The evaluation will be the basis for promotion and salary reviews as well as for driver improvement needs. Mechanici The Southland Transit, Inc. Safety Training Policy includes standards for the initial training of maintenance personnel. We require that maintenance personnel who operate a vehicle on a public roadway must have a license applicable to the vehicle operated. Additionally all maintenance personnel undergo a minimum of 20 hours of original driver training including company orientation and policy, defensive driving, hazardous material handling, dealing with blood borne pathogens, sexual harassment, body mechanics, emergency procedures and drug and alcohol policy requirements. Southland recognizes the growing complexities of servicing transit fleets. Today's vehicles include computer systems and advanced cutting -edge engine technologies. In such an environment it is a challenge to keep the maintenance staff current with the industry changes. As quality maintenance is an essential element of service quality we are committed to the continual training and upgrading of our maintenance employees' skills. We use multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established significant financial incentives for technicians to attain ASE certification. We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of staff develops a new expertise through training, s/he is asked then to share that information and expertise with the other employees. SupervisorRoad i i At Southland we also qualify and train road supervisors to be behind -the -wheel trainers. The purpose of this double training and use is twofold. First it is our belief that it is impossible to function effectively as a road supervisor without a thorough knowledge of the driver's duties and responsibilities. Secondly it increases the accountability of SOUTHLAND TRANSIT, INC. �` 135 ,QM'F. PROPOSAL F• '' THE CITY OF • ROUTE OPERATIONSNTRANSIT AND PARATRANSIT f training. In many companies trainers are simply asked to produce drivers and the shortcomings of those trainees after graduation is really not the trainer's problem. When a road supervisor is involved in the assessment of trainees by overseeing the behind - the -wheel training, the supervisor is less likely to pass a minimally qualified trainee to driver. Any problems seen in training are problems the road supervisor will have to oversee in daily service. CustomerDispatch and Service Training We are very aware of the multi -cultural atmosphere of California. Of our current Southern California customer over half of the representatives are bilingual in English/Spanish. The diversity of California, however, involves many languages beyond Spanish, thus our customer service representatives also have available to them the use of the Language Line. This service allows translation and full communication with people speaking over 200 different languages, by use of translators who are only a single call away at any time of the day or night. Our training efforts include making the representative feel part of the overall transit operation, so we emphasize knowledge of how their job interacts with and affects the overall delivery of service. A handbook, training videos, training with experienced customer service representatives, and on -going team support reinforces the customer service skills. The handbook, which is maintained at each workstation, includes basic Customer Service techniques, guidance on dealing with callers who have disabilities, and handling of incidents. Our training of Customer Service personnel includes the following components: How to answer calls in a professional and expeditious manner, including how to handle the irate caller, the indecisive caller, and the talkative caller. Operation of the computer program and what information must be entered. We have very experienced Trapeze users in the company who have trained many new users. Each new hire begins as a customer service representative, as soon as their skills progress each is trained to handle the dispatch board, including the computer and its MDC connections or the radio. This cross training allows us the greatest flexibility in assigning employees to insure coverage for our customers. Familiarization with the geographic maps covered by the service. This knowledge is absolutely essential for the system's overall success and efficiency. Initial training is further reinforced by the availability of a map of the service area in the office. The requirements of the service policies and procedures including fare structure, no charge trips, reservation and scheduling procedures, no show policies, the SOUTHLAND TRANSIT, INC. 136 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 status of escorts, notification requirements for changed trips, and cancellation policies. Sensitivity in fielding the calls of elderly and disabled riders is an important part of training. We have developed training materials that include ADA requirements, appropriate language, and informing the customer service representatives about such issues as vehicle specifications, and wheelchair availability. It also addresses some of the more complicated issues such as the definition of and how to deal with the service animals that sometimes accompany a disabled rider. In addition to the sensitivity training described above, particular emphasis is given to phone interactions. The videos address the common interactions a call taker will have with customers with emphasis on the difference between being helpful and being defensive or curt. Our handbook also looks at such issues as communicating over the phone when the caller has a cognitive disability. Visual cues and physical gestures can be of great assistance in communicating with the cognitively disabled, and phone interaction removes those visual cues. Thus it becomes even more essential for the call taker to be aware of the issues and problems that can occur, and particularly the methods to overcome them. Training in the use of the TDD in order to facilitate communication with the riders who have hearing impairments. In addition they are trained in the use of the available Language Line, which allows full communication with riders speaking any number of different languages. Accident and incident procedures are a part of all Customer Service training. Forms are kept at every workstation. Detailed step-by-step procedures are outlined in the Customer Service guide. We inform Customer Service staff of service changes as they occur. When policies are changed, or procedures must be reassessed for determination of their effectiveness, meetings are scheduled so that every member of the team is aware of the change. Our experience while operating this service for nearly two decades, combined with a drastically changing economy, has made it clear that a significant increase in wages are necessary to ensure a successful operation. For that reason, wages are a major focus of our proposal. As you will find in the table below, we have made a substantial commitment to improving wages across the board, but with emphasis on our front line operations positions, including specifically drivers. SOUTHLAND TRANSIT, INC. E 137 0 We believe this is necessary to attract and retain a sufficient number of qualified people to do the job as we plan, and in compliance with the City's requirements. POSITIONAve Rate Supervises and supports project staff to ensure Senior Project Manager 0.15 OVHD work that activities are aligned with client expectations. Directly responsive to City's Transportation Manager. Oversees daily operation of Fixed Route service Project Manager (FR 1.00 $34.38 and ensures that service meets KPI's. Functions as Ops) primary management representative to City staff for daily inquiries and requests. Asst. Manager (DAR 1.00 $28.84 Oversees daily operation of paratransit/Dial-A- Ops) Ride service and ensures that service meets KPI's Safety/Training 0.20 $28.84 Oversees delivery of all operations safety and Coordinator training programs Maintenance 0.20 $35.00 Oversees maintenance program to ensure Coordinator vehicles are safe and in good repair Reporting Clerk 0.50 $17.50 Reviews and certifies trip data to ensure accurate reporting for system Payroll/Benefits Clerk 0.50 $17.50 Enters payroll, distributes/collects benefit forms BTW Trainer 0.25 $19.00 Provides behind -the -wheel training to new operators Road Supervisor 0.50 $19.00 Supports and supervises operators in field Dispatcher 1.78 $17.50 Communicates with drivers and provides route and other updates via radio and MDT Reservations 1.78 $16.50 Takes telephone reservations and provides customer service Operates vehicles according to route and Bus/Van Operator 14.92 $18.25 timetable, provides front line customer service and assists passengers as required Vehicle Technicians 1.75 $32.00 Performs vehicle repairs and preventive maintenance Utility/Service 0.95 $16.00 Performs vehicle cleaning, washing and sanitation SOUTHLAND TRANSIT, INC. 's 138 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 STAFFING, Employee retention is a major issue for effective transit operation. Operators have to be able to navigate, and experienced operators that know where they are going are very valuable. For the sake of service safety, quality, and productivity, we make a major commitment to keeping every operator who is good at this line of work. This is an area where Southland focuses its attention. Our benefit program is highly competitive, and often superior, to that provided by other firms in our industry. Our package of employee benefits has proven to appeal to employees. In major part this is because we designed the benefit package to appeal to drivers. The plan is the same for all hourly employees. Eligibility to earn time off begins the first day of full time regular employment, which excludes training. A full time employee is defined as one who is regularly scheduled to work 35 hours a week. We also work hard to make certain that anyone who wants a full-time schedule is offered one, as we believe that full-time employees constitute a more stable and committed workforce. Our package includes the following: Employees are eligible to enroll in the health plan at the first of the month following 90 days regular employment (regular excludes initial training time) for employees scheduled to work 35 hours or more in a week. As a company we are committed to finding full time employment for every employee who wishes to work a full schedule, thus allowing the employees to participate in these benefits ■ With increasing costs we work to negotiate multiple coverage options for our employees. This allows the employee to choose among four levels of health care so each can choose coverage and cost that most clearly meets each employee's individual needs. To further reduce the cost we have a 125 plan that allows for the employee to pay for their portion of any benefit cost with pretax dollars. The company pays a significant portion of the cost of the employee's coverage, and the employee may add dependent coverage at their own cost. We believe that the program and the relatively short period for eligibility give us a clear advantage in competing for operator talent. Employees can purchase dental/vision coverage at inexpensive group rates. The employee may also pay for this benefit with pretax earnings under the '125 plan. SOUTHLAND TRANSIT, INC. 139 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Hourly non-exempt employees, who are regularly scheduled to work 35 or more hours a week, earn Paid Time -off (PTO) in amounts tied to the amount of time they are regularly scheduled to work. Paid personal leave can be used for any purpose and can, with prior approval be used by the employee as soon as it is earned. Our policy of starting the accrual immediately and allowing its use as soon as it is earned is a statement to the employees that the company honors and respects their contribution immediately. Additionally our combination of traditional vacation and sick coverage encourages good attendance, as time used for illness cannot then be used for "vacation." Conversely it is well received by employees because they never "lose" their sick time as personal time off accrual is paid at termination in accordance with state law. :�1'T'11.G7tf: Southland pays for six holidays a year. Regularly scheduled operators scheduled to drive on one of these holidays and who do not work because the system on which they work is closed receive holiday pay for the hours of work they miss in regards to the specific holiday. When an operator is assigned to a system that does not close for one of our recognized holidays, and the operator works that holiday, the equivalent hours are dropped into their Paid Time Off account. Southland has a 401 (k) plan for employees who have been with the company a year or more. Employees can defer pretax earnings into the plan as retirement saving. Additionally, we have provided that employees may defer safety incentive payments into the plan, which has proven popular for operators who do not feel comfortable deferring a portion of their paycheck into the plan. Bereavement Southland offers 2 days paid bereavement leave for identified relatives. Paid Jury Duty Serviceer Southland offers paid jury duty service for up to 5 days. Economic circumstances have shifted drastically since the onset of the pandemic, which has resulted in a substantial reduction in available workers. The entire public transportation industry has seen an unexpected inflation in wage growth and labor shortages, especially among drivers, coming out of the pandemic. These changes are endemic to our industry and have made it necessary for nearly all agencies to drastically increase wage rates, in order to maintain a sufficient workforce. SOUTHLAND TRANSIT, INC.- 140 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 While we have already taken steps to increase wages offered to drivers, we firmly believe that additional incentives need to be in place while these circumstances continue. For that reason we will continue to offer drivers a sign -on bonus of five hundred dollars ($500), which is payable upon completion of training. We will further incentivize drivers to remain with us by offering an additional five hundred dollars ($500) upon completion of probation. These incentives will remain in place until driver turnover becomes stable, which will be determined us maintaining enough scheduled drivers to cover all services according to our bid roster. j_' •• 1 We recognize that our employees can serve as a great source for recruiting outreach and have developed a referral bonus program to incentivize them to spread the word concerning our openings. As a result, employees will receive a five hundred ($500) referral bonus for each driver candidate who specifically identifies them as their referral on and at the time of their application. This referral will be paid once the new driver completes probation. If awarded, STI is committed to retaining all current employees at the project as described in CA Labor Code 1070-1074. Southland Transit has made a large commitment to support the DBE and Small Business community. We work with numerous DBE partners on several subcontracts, two of whom have already demonstrated a proven success record in providing needed services under this project. Accordingly, our proposal meets the established contract goal by committing 3.6% of our proposed revenue to the following DBE partners: 1. Trans -Global Services, Inc. (TGS) will continue to provide janitorial and bus cleaning services. In addition, TGS will provide fully qualified service personnel perform pull in duties, as well as park buses within the facility. Southland has selected TGS as a Protege under its Metro contract and added these responsibilities as part of that mentoring plan. TGS has been in business since 2010 providing auxiliary support services such as janitorial, vehicle washing and cleaning, carpet and upholstery cleaning, and other miscellaneous services to various transportation providers and agencies. Below are listed some of the agencies TGS has provided services for: SOUTHLAND TRANSIT, INC. F'`�_01 141 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 ➢ California Transit, Inc. (Access Services)) providing janitorial and vehicle washing since 2011 ➢ San Gabriel Transit, Inc. (Access Services) providing vehicle washing and cleaning since 2012 ➢ Southland Transit, Inc. (L.A. County and cities) providing vehicle cleaning service since 2012 ➢ Metro Division 95 — providing vehicle cleaning, waxing, detailing, fumigation and janitorial services. TGS has also been contracted to provide enhanced vehicle sanitization services for all of the above entities for the duration of the ongoing pandemic, utilizing EPA -approved chemicals to thoroughly disinfect all vehicles and structures on a daily basis. TGS is the current subcontractor performing bus cleaning and janitorial services for Metro Division 95, and has been doing so since July 1, 2017. TGS has displayed a high level of expertise and competence as shown by the consistently high scores received during Metro's monthly cleanliness inspections. TGS has capable management in place to ensure that we always have the manpower, equipment, and supplies needed to meet or exceed expectations. 2. JCM & Associates will continue to supply Southland with operator, dispatcher and supervisor uniforms. JCM is an apparel distributor in Southern California that has supplied uniforms and corporate apparel to companies nationwide for over 33 years. Their mission is to provide high quality apparel, at competitive prices, and provide excellent customer service. JCM also embroiders logos of apparel in-house and offers a complete line of safety apparel, reflective apparel, and accessories. They have built their business on relationship and reputation. As a result, many of their customers have been with them for decades. They have been certified as a DBE in 37 states and currently supplies our uniforms through Metro's DBE program. SOUTHLAND TRANSIT, INC.'` i� 142 r* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE T'.�R III. MAINTENANCE PROGRAM/STRATEGY Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We provide consistent quality maintenance that protects the riders and ensures quality on -time service. Southland Transit provides a comprehensive maintenance plan, which is outlined below. Parts/Fluids Si iRequirements At a minimum a 30-day supply of all -preventive maintenance required materials and parts, filters, fluids, etc. is kept in kits to enable better inventory and quality control. Brake lining, drums, hubs, seals and other related parts are stored in sufficient quantities to ensure that at least one complete kit for each vehicle type is in stock at all times. An adequate stock of engine, transmission, cooling system, wheelchair, air-conditioning, heating, suspension, glass and seat parts are stocked based on local availability and order lead times. Small items such as light bulbs, clamps, and hardware are obtained through a supplier. Blanket purchase orders are established with all oil and chemical companies, major parts and component supply companies, as well as local parts houses to ensure that we receive materials on a timely basis. Reorder lists are established based on usage, part availability and lead times. The maintenance manager is responsible for maintaining the inventory system and ordering materials. Southland Transit uses a Driver Daily Vehicle Inspection Report (DVIR) to manage service vehicle condition. Each operator fills out the DVIR on every shift they work. This form is subject to a very specific handling requirement by the California Highway Patrol (CHP). One copy of the form must be maintained by the maintenance office to provide verification that an inspection is completed every day and that relief operators complete a mini -inspection at the time they take over responsibility for the vehicle. If defects are noted, the second copy of the form is used by the maintenance staff for evaluation and/or correction of the defect. The Highway Patrol expects any corrective repairs to be documented by a repair order or repair ticket contained in the vehicle file. If defects are noted, the third copy of the form is retained in the vehicle so that the next operator is SOUTHLAND TRANSIT, INC. 143 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 aware of any defects that have been found. This is a federal DOT requirement. Once the repair is made the maintenance staff will make a note on the bus copy of the DVIR so that the operator knows the defect has been resolved. Together with the "A" inspection the DVIR comprises the foundation of the maintenance program described on the following pages. VehicleRevenue All major exterior or interior damage as a result of accidents, road conditions, vandalism or graffiti results in immediate removal of the vehicle from service. Repairs are completed prior to the vehicle returning to service and at the expense of company. A detailed inspection of the vehicle is conducted after repair to ensure that repairs have been properly performed and that no other physical or mechanical damage exists. Minor body damage is reported to maintenance through the operator's DVIRs and the fueler/washers' daily reports. The repair of all minor damage is scheduled for completion within the same week it is reported. Graffiti is removed immediately. An outside contractor will perform all major accident damage, body repair and painting. Selection of vendors for body repair and painting is subject to the approval of our client in the case of client owned vehicles. Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We will provide consistent quality maintenance that will protect the riders of the service. Our program exceeds many of the requirements set forth in the RFP. Driver Daily VehicleCondition i (Daily r m ri ) Prior to putting a vehicle into service the driver is required to perform a detailed pre -trip inspection of their assigned vehicle. Any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR). The DVIR is a three-part form; the original is forwarded to the terminal office and filed by vehicle number; the second copy is forwarded to the lead mechanic for maintenance review/scheduling; and the final copy is retained in the vehicle until responded to in accordance with USDOT regulations. Repairs are prioritized to ensure that all safety related defects are repaired before the vehicle is allowed to return to service. All non -safety related defects are scheduled for repairs in accordance with the priority assigned to the repair. In no circumstance is a vehicle returned to service after an A inspection with any outstanding defects. As part of this pre -trip inspection each driver cycles the wheelchair lift on his or her vehicle, if the vehicle has a lift, prior to the start of revenue service. In demand responsive services no vehicle is allowed in service with an inoperative lift. Drivers are thoroughly trained in pre -trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate. SOUTHLAND TRANSIT, INC. �4t 144 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 As quality maintenance is an essential element of service Nat WNW U)SWI e f0f quality we are committed to the continual training and AUTOMOTIVE SERVICE upgrading of our maintenance employees' skills. We use multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established financial incentives for technicians to attain ASE certification. We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of our staff develops a new expertise through training, they are asked then to share that information and expertise with our other employees. Our maintenance personnel have thorough knowledge of: ✓ Engines, transmissions, and related mechanical equipment. ✓ Methods and procedures used in servicing mechanical equipment. ✓ Vehicle chassis and bodies. ✓ Tools, precision, instruments, equipment, and procedures used in general repair and maintenance of vehicle equipment. ✓ Decimals, fractions, and specifications related to vehicle mechanics. ✓ Specialized areas such as painting, upholstering, brakes, air conditioning, wheelchair lifts, fare boxes, and electronics. In addition, our maintenance personnel have the following skills: • Conduct preventive maintenance inspections and complete associated paperwork. • Inspect vehicle engines, transmissions, and other mechanical, electric, and electric parts and components. • Diagnose vehicle engine, transmission, electrical and electric component system problems. • Repair vehicle engines, transmissions, and other mechanical, electric, and electronic parts and components. Fuel Records All expenses, gallons, and other pertinent fuel information is maintained and compiled monthly. These records are available for City viewing at any time. SOUTHLAND TRANSIT, INC. 145 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Where fuel is purchased directly by Southland the company will be responsible for obtaining state and federal tax exemptions applicable to the purchase and consumption of fuel for this contract. Warranty Work Southland Transit's Director of Maintenance, Wayne Seale, has handled the warranty administration for our company and, if approved, on behalf of our clients. He has managed a number of major warranty efforts in his career, including an extensive campaign dealing with transmission and transaxle. We have found that the key to a successful warranty program is learning the specific criteria employed by each vehicle manufacturer and managing maintenance to the established criteria. Both our tracking systems and our experience will facilitate excellent performance in this area. Southland Transit will coordinate all warranty and maintenance issues with the manufacturer. Applicable Vehicle Codes and Regulations All vehicles utilized in this service are maintained in a safe condition for transportation of the public and meet all the requirements in the California Vehicle Code for passenger transportation vehicles. All replacement parts used to repair and maintain the vehicles conform to the California Vehicle Safety Standards and the California Administrative Code, Title 13. Due to our long history of providing public transportation service our maintenance staff is specially trained to meet the requirements of the CHIP Motor Carrier Safety Regulations and are subject to annual vehicle and terminal inspections. Revenue Vehicle Appearance, Cleaning,Servicing Appearance and condition are paramount to operating an efficient and comfortable transportation system. Our program ensures the fleet is clean, well maintained and presentable to our customers and to the employees who use these vehicles to provide service to our customers. At the end of each service day, vehicles are fueled. The utility workers ensure that all fluids are checked and topped -off, tire condition and air pressure checked, and the overall condition of the interior and exterior inspected, with special attention being given to seat damage, graffiti, or other vandalism that may have taken place since the start of the day. Wheelchair lifts, fare boxes, and lights and flashers are checked. After the fluid and visual inspection is completed the utility worker will record the mileage, amount of fuel, oil and other fluids dispensed; sweep or mop the interior of the vehicle as necessary; clean the windows, seats, and operators' area; and remove any graffiti. The vehicle interiors are swept, vacuumed, dusted or mopped daily to remove all dirt and debris. To the maximum practical extent possible, vehicle interiors are free of litter and debris throughout the day. All foreign matter such as gum, grease, dirt and graffiti are removed from the interior surfaces on a daily basis. Any damage to seat upholstery SOUTHLAND TRANSIT, INC. 46 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 is repaired immediately upon discovery. Ceilings and walls shall be thoroughly cleansed at least once per month, or more often if necessary. Each weekend the interior of vehicles are checked and repaired and the replacement of window inserts, seat inserts, seat upholstery, graffiti, window glass and schedule holders are undertaken as needed. The vehicle exterior is washed twice a week or more often as needed. Once a week the vehicle is subject to more extensive cleaning; at a minimum this cleaning includes ceiling panels, handrails, side panels, seat frames, wheel wells, operator area, modesty panels, door and step areas, destination sign glass, windows, floors, and AC grills. When completed, the vehicle is parked in its assigned place and properly secured. Dailyicle Inspection and Servicing As mentioned previously, prior to putting a vehicle into service the operator is required to perform a detailed pre -trip inspection of their assigned vehicle. If any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR) a copy is forwarded to the Lead Mechanic, who then opens a work order and schedules the repairs. Repairs are prioritized to ensure that all safety related defects are completed before the vehicle goes into service. All defects reported by operators are addressed within 24 hours of being reported. All safety related defects are repaired before the vehicle is again placed into service. Each operator cycles all lifts on their vehicle prior to the start of revenue service. Except in emergency situations, a vehicle is not allowed in service with an inoperative wheelchair lift. In addition to wheelchair lifts being checked, brakes are checked, as well as lights and flashers. Operators are thoroughly trained in pre -trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate. The effective performance of these inspections is a major item of emphasis for our service monitors. Operators are also expected to leave their vehicle broom clean at the end of the day. DVIRs are available for the City and CHP to review at any time. During each Preventive Maintenance Inspection a thorough check of the wheelchair and lift equipment is undertaken. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with the ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity. SOUTHLAND TRANSIT, INC. 1 147 r* "I ryae., sc;Y". PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Freventive Maintenance Our preventive maintenance program consists of the following service and inspection elements: Vehicles are inspected every 20 to 21 working days or, for higher mileage vehicles, 200- 250 miles in advance of the 3,000-mile mark. This schedule will result in a service interval that always exceeds that which is required in the specifications. We have found that our shops are better able to adapt to a schedule based on shop working days than on calendar days. This aggressive schedule exceeds all regulatory requirements and allows us to move more repairs into the preventive and predictive categories. The inspections use the vehicle manufacturers and component manufacturer's recommended severe service cycles as well as all seasonal or campaign work that may be required. The vehicle repair history is reviewed and any scheduled predictive maintenance items or open defects are repaired at this time. Tire maintenance is also accomplished at the A inspection including proper inflation, notation of any irregular wear pattern which might indicate necessary balance or alignment, immediate replacement of any tire which will, in the judgment of the technician, exceed authorized wear tolerance prior to the next scheduled inspection. Tires are not allowed to be operated if they exceed more than 3/32 inch tread depth. Tire rotation is accomplished at every other "A" inspection. SOUTHLAND TRANSIT, INC. �wi,It 148 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 At the time that we take over a fleet of vehicles on a new contract a thorough examination of the vehicle history is made to develop a specific brake maintenance interval targeted to the duty cycle and repair experience. These intervals are evaluated on a continual basis and supplemented by careful inspection of brake condition on each "A" inspection. If the "A" inspection shows a need for earlier brake maintenance the inspection will be conducted either immediately or at another interval, which will allow us to effectively address the condition. Careful measurements are taken and recorded at each brake inspection so that a wear profile can be developed for each type of vehicle in the fleet. This wear profile is then used to refine the preventive maintenance scheduling. The brake inspection incorporates a step where the foreman reviews the brake work just prior to re- installation of the wheels and/or drums. Preventive i iEngine Engine technology has evolved to the point where no single policy can address all of the requirements for engine services. We develop a specific program, based on manufacturer's severe service recommendations, for each facility, which addresses the engine models in the fleet. This program includes written forms providing effective direction for the technician in accomplishing the service. Preventivei i Transmission Transmissions are maintained in accordance with the individual manufacturer's severe service recommendations and in all cases will include filter and fluid changes at the 12,000-mile interval required in the specifications. This aggressive schedule, combined with regular fluid analysis, will ensure optimal transmission life and minimize service interruptions for transmission failures. Preventivei iCooling Cooling system maintenance has become an important step for ensuring that the maximum life is obtained from engines. On an annual basis each cooling system will be tested to ensure that appropriate concentrations of cooling system additives are maintained to optimize engine life. Preventivei i — Electrical Accessible transit service is hard on electrical systems, due in great part to the frequent cycling of wheelchair lift equipment. On an annual basis each electrical system will be thoroughly tested to ensure optimal performance. This inspection will include a battery load test to disclose the need for replacement of any weakening batteries while also 49 SOUTHLAND TRANSIT, INC.�� 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 comprehensively testing the charging system to ensure the battery will not fail due to system malfunction. Preventivei — Air Conditioning Air conditioning systems are maintained in specific conformity to each manufacturer's requirements. Southland treats every vehicle with any portion of the Air Conditioning system inoperative as a "down bus" thus requiring repair before the vehicle is returned to service. We ensure that every one of our night shift mechanics have the full capability to diagnose and repair air conditioning systems. All repairs and maintenance functions are performed by certified mechanics in strict conformity to current environmental standards for air conditioning service. Monthly reporting on the Preventive Maintenance Monthly Form documents all air conditioning preventive maintenance. The single most important step in effective air conditioning system maintenance is insuring, at each "A" inspection that the condensers are cleaned out so as to insure effective airflow from the condenser fan. Annually, during the month of March and in this case upon taking over the vehicles, a specific campaign will be undertaken to ensure that each air conditioning system is adequately prepared to provide effective service throughout the season when air conditioning performance will be maximized. This inspection will include, state of charge, condition of compressors and compressor drive systems, and condition of the condenser. Preventivei it Lift Equipment During each Preventive Maintenance Inspection a thorough check of the wheelchair lift equipment is inspected. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity. Preventivei i Cleaning Each vehicle's engine compartment and undercarriage will be subject to steam cleaning at least once a year, and more often as necessitated as part of responding to a fluid leak. Any vehicle that is subject to a fluid leak repair is referred for steam cleaning prior to its return to service. Our Maintenance Directors are especially attuned to insuring that steam cleaning does not become a replacement for the repair of minor fluid leaks. Serviceiie Maintenance Record Keeping Southland Transit has developed its own proprietary maintenance management system. The system was built in Microsoft Access in consultation with Simetra Systems, our long time data management and reporting system partner. Unlike many off the shelf SOUTHLAND TRANSIT, INC. 150 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 programs this system was designed specifically for passenger transportation vehicle maintenance and maintenance management. Our system features all of the following capabilities: Preventive maintenance scheduling for four separate Fuel consumption tracking (also provides mileage inputs for PM scheduling). �D Repair order management with techs entering their repairs directly in system. Storage of frequently used repair operations to minimize input. Storage of parts data to minimize inventory management data input. �D Vehicle inventory management. :) Road -call reporting. �D Complete vehicle maintenance cost reporting. :) Maintenance schedule compliance reporting. �D Tracking of warranty repairs. ReportingVehicle Maintenance and Accident Southland Transit maintains an individual file for each vehicle that documents, by date of action, all preventative maintenance functions including warranty work and any other pertinent maintenance data, including but not limited to fuel, lubricants and other fluid use. Maintenance work shall be performed as specified in this Agreement. Records are kept in the individual vehicle file of any accident in which the vehicle has been involved, including the repair work required to return the vehicle to service. All accidents that involve passenger injuries or vehicle damage which are expected to exceed $500 will be reported to the City within one (1) hour of occurrence of the accident. All other accidents and or incidents will be reported to the City within twenty four (24) hours. In the event of any accident, Southland Transit's personnel are trained to comply with all applicable State laws, rules and regulations. Southland Transit's computerized maintenance management system maintains detailed maintenance records. Reports can be generated in a form that will be acceptable to the City. Our reporting system currently meets all requirements of the California Highway Patrol. Records and reports shall include, but not be limited to, the following: �D Daily vehicle inspection and servicing checklists; Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed; Road call reports, or work orders, for each road call identifying date and time, vehicle number, problem and mileage of vehicle; Monthly summary listing by vehicle: mileage, miles since last preventative maintenance inspection and road calls. SOUTHLAND TRANSIT, INC. � 110_1 151 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT OPERATIONS f As the current operator of City's contracted transportation services, Southland Transit is highly familiar with the City's service requirements. We have carefully reviewed the RFP, Scope of Work and Draft Agreement and thoroughly understand that: :Z Southland Transit will be responsible for operations and dispatch functions, including real-time dispatching and GPS tracking, administration, personnel management, vehicle maintenance and repair, operations data collection and reporting, federal, state and local regulatory compliance, and coordination and cooperation with City staff. Southland Transit will furnish a facility from which to park assigned vehicles, conduct maintenance, dispatching operations and employee training. Southland will also furnish proposed dispatch systems and telephony equipment, software and service accounts, and all employees necessary to successfully perform the work contemplated by this RFP, including drivers, service workers, mechanics, dispatchers, supervisor and administrative personnel. In addition, all drivers will be fully qualified and trained in a manner that meets with all requirements established by this RFP. Safety, on -time performance, reliability of vehicles, including wheelchair lifts, and overall service quality are key areas of focus for the City's transportation services, and that we must provide service according to the standards established in the Scope of Work. Southland Transit's assigned management staff will assist and cooperate with City staff, as well as attend special trainings necessary deemed necessary by City staff. Southland Transit will provide special and emergency transportation services as requested by the City from time to time. Southland Transit will be required to comply with annual NTD reporting requirements on behalf of the City. Southland Transit is immediately responsible for ensuring successful program operations. Southland Transit will provide all services in a manner that meets state and federal regulations concerning non-discrimination for its employees and El Monte transit patrons. SOUTHLAND TRANSIT, INC. �� 152 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 ServiceCustomer Southland is highly accomplished at providing customer service/dispatching that combines paratransit reservations, paratransit schedule review and paratransit dispatching. In most of our operations this function also includes mailing of brochures and dial -a -ride applications to callers. We operate multiple Customer Service Centers. Our El Monte Call Center handles scheduling and service calls for paratransit service for the City of Pico Rivera, Baldwin Park, La Puente, Temple City and El Monte, as well as for three LA County contracts and Access Services, Inc. There is a second Customer Service Center in El Monte that supports the 365-day service for Access Services, Inc. the Consolidated Transportation Services Agency (CTSA) for Eastern Region of Los Angeles County. As a company we refer to our dispatch and reservationist operations as Customer Service. We believe that this reminds each employee that the purpose of his or her job is to provide the best service possible to the rider. Serviceii We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can meet and regularly exceed the required performance standards established for the City's Dial -A -Ride service. The customer service center is fully staffed to enable personnel to receive phone calls, assign trips, and perform any other duties necessary to efficiently operate the Dial -A - Ride Program. Southland provides an appropriate number of telephone lines so that busy signals are minimized for callers requesting information. Southland Transit will have an appropriate number of call -takers on duty to answer telephone calls. Additional lines and call -takers will be added if necessary to meet performance goals. Southland Transit's main telephone number is answered from 5:00 AM to 10:00 PM for communication between our dispatch personnel, the Operations Manager, and the City staff. During non -business hours, Southland has an answering device with a recorded message advising the caller to call back during the regular transit service hours. Telephone We operate a high functioning cloud VoIP telephone system from Nextiva. This phone system allows us to track the nextiva, performance of our phone reservations staff on each of our � t� F° C�{` � E°S' SOUTHLAND TRANSIT, INC. ��`w LIM J 153 'F. PROPOSAL F• '' THE CITY OF • ROUTE OPERATIONSNTRANSIT AND PARATRANSIT f contracts. Nextiva Vo1P service includes all basic features such as three-way calling, call hold/park, voicemail to email, etc. Some major features of the system are: Hosted PBX (Private Branch Exchange) =:> Telephone system is hosted in the cloud => Redundant data centers Phone system is accessible over the internet; no hardware in-house, except phones Increased scalability Low data usage: 100 kbps of upload speed per active phone call Auto Attendant => Provide an instant automated greeting that lets callers choose the person or department they want to reach Make getting to the right person the first time, quick and easy to do Customized greetings specifically designed for each separate service Advanced Call Management & Call Routing => Call distribution technology that allows us to establish a team of specialists for each separate service Ability to direct inbound calls to any person or team in real-time given a set of rules => Manage Call Center Call Queues Identification prompts for representatives so that we do not answer the phone using the name of another system Call Analytics => Tools that measures individual and aggregate data related to incoming and outgoing calls to evaluate phone performance on their contract service => Call tracking includes inbound call volume, call time, hold time, speed of answer, lost calls, and many more metrics Real-time & historical call logs Performance metrics Create custom reports Call Center Manager can monitor all service performance and report such data to the respective City Call Screening => Filters incoming calls for matching criteria to determine whether it is accepted or rejected It's a powerful phone system feature to avoid unwanted calls from telemarketers, spam callers, and robocalls rrr SOUTHLAND TRANSIT, INC. - 154 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Anonymous call rejection, private call rejection, and number blocking are all useful features that empower your team to screen calls effectively Avoid unsolicited calls and focus on serving your customers Call Recording Securely record two-way audio of phone conversations in the cloud Recordings are all stored in the cloud and accessible remotely Call Queue => Call sequencer that holds calls in queue line so that each is answered in order =:> Callers hear on -hold music or announcements until the next available agent can answer their call => Calls won't be lost to voicemail and they will know their place in line or the estimated wait time Phone Presence =:> Monitor the phone status of employees or colleagues => Let anyone who's available answer incoming phone calls Each of the transit operations serviced out of the office has a separate and identifiable phone number. The City's Dial -A -Ride will retain its local number for service. As calls come in, the phone system identifies which service the caller is attempting to access and routes the call to the appropriate team. The call will be answered by team members saying "Good Morning/Afternoon, El Monte Dial -A -Ride, this is [Name]." The team member will then book the trip requested by the caller on the phone. Our call center is equipped with a monitor, which is also accessible to our Managers, that shows the current wait time and number of calls in the queue for each project. We have found that this visible feedback motivates the staff to work hard to keep the phone performance where it belongs. It also tells the staff when to ask for help at busy times. Our call center is fully staffed, giving us the ability to move resources quickly to ensure an adequate number of reservationists can answer calls for the City's Dial -A -Ride program. TDD and Language Line Southland Transit maintains service and equipment to provide communications with hearing impairments. We also maintain an account with a company to provide Language Line Services. This ensures passengers who do not speak English will have their needs met and we are able to book trips very seamlessly for them. SOUTHLAND TRANSIT, INC. 155 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 The average time for a passenger to speak with someone on the language line is three to five minutes. RadiosVoice and Data Vehicles will be equipped with a two-way radio system sufficient for clear communications throughout the service area at all times, and between the service area and the operations/maintenance base of Southland Transit. The radio equipment is available for dispatching as well as emergency situations (such as accidents and mechanical breakdowns). Southland Transit is able to immediately dispatch substitute buses and/or police, fire, or medical help in the case of an emergency. FAT• .. � r c�:��7F: ' � �1��:��1►�t1 We are proposing a transition to the 5M dispatching system offered by TSS Paratransit, in order to achieve the desired enhancements outlined in the RFP; including real-time vehicle tracking, online reservations, mobile apps and the possibility to integrate data with other agency ITMS and ATMS technology. The 5M system is presently used by several paratransit operators in Los Angeles who collectively provide roughly 9,000 passenger trips per day. 5M software provides many advantages, especially improvement of the reservations process and the delivery of highly productive, on -time service. Reservations 5M's trip -matching and demand -balancing algorithm provides customers — at the time of booking — a choice of confirmed pick-up times without reservation agents or customers having to pre -schedule trips into runs. And if there are no matches, 5M provides a choice of times that will help balance out the demand profile peaks and valleys. Moreover, 5M provides the confirmed pick-up times in less than a second. This means shorter call times and hold times, more shared rides and more productive service. And once confirmed pick-up times are selected, they are honored throughout the scheduling process, which enhances the customer experience. In addition, all changes to booked trips and service data are fully trackable. Scheduling Unlike any other system, 5M's innovative scheduling algorithm predicts travel speeds based on day, time and direction. In short, 5M is continuously learning with each new day of travel. No need for guessing or tinkering with speeds. 5M's scheduling algorithm also utilizes a unique incentive and penalty system that balances efficiency with service SOUTHLAND TRANSIT, INC. �a 156 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 quality in a way that's tailored to your program, using service quality metrics not normally found in other systems. 5M's scheduling algorithm also has available a pre - marking function that gives scheduling priority to certain types of trips, linking them with certain types of resources. 5M's scheduling supports both zoned and unzoned service providers as well as trip exchanges between zoned providers. It generates full routes for dedicated vehicles and creates clusters for taxis and other non -dedicated service providers operating on the fly. And 5M's batch scheduling is really fast (6,000 trips in 40 seconds) and very effective in producing highly productive runs, with the number of unassigned trips reduced to only a handful. All of this results in a reduced operational unit cost, potentially lower capital costs, and potentially reduced labor costs, as well as a more reliable service with greater on -time performance. Dispatching 5M's dispatching algorithm utilizes Google Maps to generate more accurate solutions and more accurate ETAs as it considers real-time traffic conditions. 5M's dual -monitor dispatch workstation displays and prioritizes alerts, pending unassigned trips, and required actions forcing dispatchers to be more proactive, while also automatically providing solutions to the dispatchers. No-show requests and unassigned trips cannot be ignored. 5M provides all information required for dispatcher approval and tracks all information needed for customer disputes. 5M's interactive system maps and tools make it easy for dispatchers to manage unassigned trips, pending events, and high - priority alerts. 5M improves the accuracy of ETAs by providing dispatchers with real- time vehicle location and traffic conditions, while in -vehicle tablets collect accurate service performance data. Mobile Driver Assistant 5M's Mobile Driver Assistant (MDA) provides drivers with step by step instructions as well as a vast array of driver reminders, proximity alerts and other functions designed to improve data accuracy. As each activity is completed, the MDA automatically switches to the next activity. The MDA reminds drivers to report arrivals and departures at stops, and if drivers are not at the correct location when reporting an arrival, the system will warn the driver of a proximity violation. This improves data accuracy and virtually eliminates the need for trip reconciliation. The MDAs provide real-time locations to IVR systems to enable configurable call-outs/texts when the ETA is 5 minutes or less. Customers have loved the two callouts or texts, with one going to the rider, and the other to a family member, a friend, a caregiver, or staff at an agency or facility. Google Maps integration provides navigation and real-time traffic conditions, while safety controls and verbal commands prevent drivers from interacting with the tablet while the vehicle is moving. In addition, with trip schedules pre -loaded onto the MDA, drivers can continue performing trips in the event that communication with dispatchers is temporarily lost. ry SOUTHLAND TRANSIT, INC.' 157 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Operations i i 5M's Operations Monitoring Console (OMC) allows transit agency staff, as well as service provider managers and supervisors to view live statistics for on -time performance, completed and pending trips, and current alerts. Real-time OTP data for the day's service provides the percentage of on -time and late trips for any fleet or run(s) and breaks down the late trips by degree of lateness. Customer Self -Servicing 5M provides customers with direct booking and ETA information from any mobile device or computer with internet access. 5M's fully -accessible, 508-compliant Mobile Rider Assistant (MRA) software is state of the art, walking customers through the booking process with the same functionality as a reservation agent, only via very simplified screens. For example, this includes providing a choice of two confirmed pick-up times as part of the booking process (as described above in reservations). The MRA provides key information about each element of the trip, warns the customer about double - bookings and other conflicts, and allows customers to review and, if appropriate, change each element of the trip. ETA information, based on Google, is provided in a clear fashion, and shows the location of the vehicle to which a trip has been assigned. Reporting i 5M provides all the reports necessary for assessing service performance and analyzing trends. 5M comes with a built-in data repository where all data is stored and from which data can easily be retrieved and organized via a query screen and 5M's battery of reports and analytics. These reports provide all the essential data needed to analyze performance and pinpoint inefficiencies or on -time issues. 5M also distinguishes between valid and invalid no-shows and between no-shows and missed trips. Most reports can be run by provider, by fleet, by driver, by customer, and for any date range. All reports are pre -built, easily configurable (via filters), sortable, graphable, and exportable to Excel. In addition, 5M's Optimization Lab tool provides a safe test area for detailed analyses of any schedule and what -if planning. In the Optimization Lab, one can almost instantaneously determine how changes to run structure, new vehicle configurations, service mix or policies impact vehicles needed, service productivity metrics, unit costs, service quality metrics. Billingi 5M gives service providers automated, electronic, paperless billing combined with a system of automated checks and balances. For transit agencies, 5M provides auditing features that catch double -billings and fare -collection inaccuracies, while offering 100 percent geo-validated reporting. Since 2002, our software has processed close to 1 billion dollars in transactions. SOUTHLAND TRANSIT, INC. .' 158 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Balancing 6Scheduling i r Needs Our goal in supervision of the Customer Service staff as it handles a specific service is training the staff regarding when to use and rely on the automation and when to intervene with manual dispatching. In a busy dial -a -ride service our experience has shown us that it may be necessary to make some of the specific interventions. Passenger Disturbance & Driver On -Board Security Our first objective is to minimize disturbances with effective driver training. We have a very specific training module regarding problem passengers that teaches drivers effective techniques for defusing potential passenger disturbances. We will also have strong support for our drivers from supervisors. Drivers always have the ability to have a supervisor at the bus within minutes to render assistance through use of the supervisor's handheld radio. Through direct communication with the supervisor it will be possible for drivers to access law enforcement directly when there is an incident that might jeopardize the safety of the driver or passengers. SOUTHLAND TRANSIT, INC. 159 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Any discussion of breakdown response should be prefaced with breakdown prevention. We emphasize vehicle maintenance in every operation as the prime method by which to reduce breakdowns. We believe that we have established an outstanding level of reliability in our operations with breakdowns being a highly rare occurrence. Of course breakdowns do happen and in those instances we respond on three tracks. 1. The first step is to get a mechanic on the radio with the driver. We often find that some simple issue is causing the vehicle problem and the driver can be instructed on how to get the bus back in service. An example of this is a wheelchair lift access door that is not fully latched, causing the vehicle interlock to render the vehicle inoperable; a simple re -latching of the door gets the vehicle back on the road. 2. The second step, and the most important, is getting another bus on the road and the vehicle back on schedule. We expect that, with the close proximity of the service area to the operations facility, we should be able to restore service within 15 minutes. 3. The third step is the dispatching of a mechanic to validate the condition of the bus and handle getting the bus off the street. In all cases a mechanic should be at the bus within 15 minutes. The mechanic timing will not affect the passengers since service will already have been recovered with a substitute bus. The State of California wage order for transportation workers is very clear that any driver working over six hours is to have a lunch period. Despite this clarity this is probably the most often ignored labor provision in our industry. Southland takes a different view; lunches and have always been handled in compliance with California labor standards, period. This is not only the legally required procedure, it also is safer and allows the driver time to "recharge their batteries" to insure that they can maintain a courteous attitude through the second half of the day. On dial -a -ride service this means scheduling lunch breaks into the manifest at the correct time, and emphasizing to the dispatch staff the importance of respecting the scheduled lunch break. We have consistently enforced this rule for both the driver and the customer service staff so that any deviations are confined to emergency situations. This process is made somewhat more manageable with the use of Trapeze, so that the lunch break can be included in the schedule and movement of that can be watched on the program by dispatch staff. SOUTHLAND TRANSIT, INC. t 160 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 Field Supervision One of the main objectives with field supervisors is to provide support to our drivers on the road. We work at having the drivers perceive road supervisors as a support service that is available to the driver whenever a situation or problem might arise. This type of teamwork encourages communication and faster resolution of service problems than a system where a road supervisor's main objective is to simply watch and grade the people they oversee. We have made front line accountability the foundation of our service delivery. This is also a duty of the field supervisor, who insures that the drivers are ready and fully equipped to begin service at roll out. Drivers who will be absent are required to page the field supervisor so that planning can begin prior to sign -on time to insure the run is covered with a qualified cover driver, and allows for adequate time to get additional drivers to the facility in the case of multiple absences. We have long used this practice as an assurance that every driver coming on service meets with a supervisor who is trained to recognize whether the driver is ready and able to drive, which includes an assessment of drug and alcohol influence. It is often said that companies do well what they feel is important enough to measure. Never were those words truer than in operating a complex paratransit system. We have developed a weekly tracking system comprised of several Key Performance Indicators (KPI's). Each of our Project Managers has the direct responsibility for approving the information that is entered in to this system, thus ensuring they have their finger on the "operational" pulse of each project they oversee. Productivity i We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can operate the City's transit services at the highest possible productivity levels without sacrificing on time performance. Complaint and CommendationProcess Southland Transit strives to avoid service problems. We are constantly monitoring our own performance in this pursuit. We believe that the rider must be satisfied and have developed procedures to ensure customers can provide feedback. We have established a framework that has allows for all complaints and commendations to be received at all operating hours and documented. This report is immediately sent to the manager who contacts each employee involved in order to thoroughly investigate, or to otherwise provide feedback. Managers will also review video on board video in the case of complaints arising in revenue service. All findings SOUTHLAND TRANSIT, INC. 161 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 are shared with the employee and corrective action is taken, as appropriate. Our managers also contact callers to gather more details when needed and to follow up, if requested by the caller. Employees receiving commendations are recognized for their good performance during monthly safety meetings. Furthermore, Southland Transit managers are evaluated on their ability to foster an environment that effectively addresses passenger input and employee performance. They are specifically tasked to be available and responsive to system riders to ensure problems are addressed quickly. K4 OR 9 M W . 0 Am me-1 All records and data prepared and maintained by Southland Transit pertaining to this project are the property of the City and are made available for inspection and copying at no additional charge. Southland Transit will maintain all books, records and documents relating to work performed for the City on file for at least three (3) years following the date of final payment to Southland Transit. All duly authorized representatives of the City will have access to such records for the purpose of inspection, audit and copying at reasonable times during Southland Transit's usual and customary business hours. Southland Transit will compile project operation records which will include, at minimum, data necessary to effectively report system performance, passenger complaints and compliments, vehicle maintenance and servicing, vehicle break -downs and service calls, passenger fares, telephone answering, and accidents and incidents. Additional relative data deemed necessary by the City will be reported as requested. Monthly summaries of project operation records will be submitted to the City in a form that is approved and will include prior month and year to date statistics. Southland Transit prepares information concerning revenue service in the following manner: Monthly Management Report At the end of each month we will prepare a monthly report that summarizes the daily operations information collected during that month. This report is provided to the City within 10 calendars days following the close of the month being reported. 62 SOUTHLAND TRANSIT, INC. 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 Passenger Complaints and Compliments Southland Transit documents operational problems and commendations received from passengers as are communicated. Copies of the contact form will be provided to the City with the Monthly Management Report. At the end of each month, Southland Transit prepares and completes a monthly Operator's Report which summarizes the daily operations information collected during the month. The report will be forwarded to the City within ten (10) calendar days of the end of the reporting month. Service Disruptions Accidents or passenger incidents and action taken with issues related to safety or deemed as a serious operational deficiency to be reported by phone to the City no later than the next working day. Trip Southland Transit currently maintains daily trip sheets and an operations summary for each service day and a summary of each month. Operational data will be collected and compiled daily, weekly, monthly, quarterly, and annually, and reports can be provided according to the individual routs, modes and total system. In addition, individual totals will be provided for peak -hour services, Bus System Improvement Plan services, weekdays, and weekends. The operational data will continue to capture daily total passenger counts, revenue hours, total hours, revenue miles, total miles, fare box revenue, passenger type's documentation of any discrepancies in the number of passengers carried and the amount of fares collected by the operator, passenger pick- ups and drop-off times and locations for the Dial-A-Ride/Taxi services. Financial Records Southland Transit has established and maintains separate accounts of all project expenditures and other relevant financial records. Southland will continue to collect, record, and report all accounting data for the City in accordance with the requirements set forth in the RFP. Invoicing All invoices and related records are subject to audit by the City or other transit related funding partners. Accounts All costs incurred for this project will be recorded in accounts separate from those used for other business activities and in conformance with the State of California, State SOUTHLAND TRANSIT, INC. 163 r* "I ryae., sc;Y". PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Controller's Chart of Accounts for Public Transit Operators. These accounts are available for inspection and/or independent audit at the City's election. As part of the annual NTD reporting requirements, Southland Transit has complied consistently with the FTA required on -board data sampling to compile statistically valid passenger mile data. All Southland Project Managers annually attend the Metro's NTD reporting workshop. We consistently submit a draft NTD report on operated service to the City no later than one week prior to the submittal date required by Metro. Southland Transit has been the primary contact for NTD Audits. Fare Collection Southland Transit fully understands that all fares collected are to be retained by STI but credited to the City. Fare revenue collected is deducted from the total amount of revenue hours billed to the City. STI reports the total amount of fare revenue on the monthly reports. All cash fares and any other form of payment collected by the driver are deposited in the locked fare box installed on each City vehicle. Drivers determine the correct fare for the passenger upon boarding and ensure that each passenger pays the appropriate fare prior to being provided service. All fares are emptied form the fare box daily at the end of the service day. Total fares are reconciled with the reported number of passengers carried. Southland Transit maintains a separate bank account for the fares collected, however, fares from our smaller projects are in the same account. We are very careful to make certain that the account reconciles with monthly passenger counts. Southland immediately investigates any discrepancies and provides a report to the City. If we cannot reasonably provide a satisfactory explanation for the discrepancy, we understand that Southland is liable for any variances. Free fares, which are the result of late pick up time are considered a variance, and will be noted as such on the invoice for that month. Southland will ensure that all vehicle drivers are aware of and adhere to the fare structure including the acceptance of passes, tickets, transfers and tokens. In addition, our drivers will be required to collect, cancel and/or validate passes and tickets, issue and collect transfers and verify patron eligibility for service. SOUTHLAND TRANSIT, INC.' I64 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 At the end of each service day fare boxes are emptied into individual secure bank bags. Fares are counted in our secure cash room. Fares are accounted for by vehicle (route) by day and recorded on a spreadsheet that becomes part of our monthly report. Passenger counting is done currently using trip sheets that are filled out by the driver during the service day. MalfunctionsFare Box In the event that a fare box is not able to accept fares on route, the following shall take place: 1. The driver will immediately inform dispatch of the nature of the problem. 2. A relief bus is dispatched if available. 3. At no time will the drivers handle fares. While the fare box is malfunctioning, cash passengers will ride for free. In the event City elects to sell or provide tickets or tokens to patrons, Southland operators will collect, record, and deposit ticket sales according to instructions of the City. SOUTHLAND TRANSIT, INC.'` i� 165 r* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE V. FACILITY/FUELING PLAN Our proposed project facility is located at 3530 Rockwell Avenue, El Monte, CA, 91731. This facility is well suited for this operation, as it is centrally located and already equipped with virtually all amenities necessary to store, maintain, fuel and clean vehicles, as well as to conduct all operations required under this project. This location has served the City of El Montes contracted transit services for well over a decade. The following table identifies all heavy equipment and tools that are presently available at the proposed facility: 1 Description Brake Lathe-Ammco Model 4000 1 2 Floor Jack -Gray (air/hyd) FSJ 120 3 3 Jack Stands -Gray 25T 4 4 OTC Drive on - Service Ramps N/A 2 5 ARI - Hetra Column 'Lift System 18000# 1 6 Mustang - 2 post Hyd Vehicle lift 18000# 1 7 ARI - Hetra Mobil Support Stands 15,000# 4 8 35' Lighted Vehicle Service pit N/A 1 9 Tire Changer - Snap -on EEWH312A 1 10 Tire Changer - Accuturn 5402 1 11 ARI - Hetra HD Transmission Hyd Lift Table N/A 1 12 Wheel Balancer - Coats 950 1 13 Snap -on Mig welder MM250L 1 14 Mac Tools - R134a AC Machine ACR225M 1 15 Robin Air - HID 134a AC Machine Cooltech 1 16 Engine hoist - AC Delco 2 Ton 1 17 OTC HD Wheel Handler 100 1 18 Mac - Long shaft 1" Wheel gun N/A 1 19 Cheetah - Tire bead seater N/A 1 20 Mac - 20 Ton Press SHP20T 1 21 Snap -on'- Diagnostic scan tool Apollo D8 1 22 Panasonic Laptop - Cummins Insite / Allison DOC CF-53 1 23 Panasonic Laptop - VPG MV1 Diagnostic software CF-53 1 24 MAC Tools - HD Hand held code reader ET3420-HD 1 25; Backup Generator set (Primary)Armstrong ;w/ Asco ATS - 70Kva 1 SOUTHLAND TRANSIT, INC. i.01 166 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 26 1 Backup Generator set (Secondary) w/ Asco ATS Magnum - 70Kva 1 27 Gray- HID Filter crusher QP-160 1 28 Service Truck w/ compressor F250 1 29 Emergency Response Truck F150 1 Facility Specifications The following illustration identifies the location of STI's proposed project facility in relation to the El Monte Transportation service area. As can be seen, the site is centrally located within the City and is extremely close to the City's Trolley Station, which will minimize deadhead travel distance and time, as well as allow STI to respond quickly to any service issues that may arise. The proposed facility exceeds requirements by providing ample space for uniform parking of revenue vehicles, as well as a large section for onsite employee and non - revenue vehicle parking, as can be seen in the following overhead. The facility includes a large maintenance structure with 4 service bays, large and secured parts storage, as well as administrative space that can comfortably accommodate all administrative, operations and maintenance personnel. SOUTHLAND TRANSIT, INC. 167 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 Facility Overhead/Diagram The following diagram illustrates in greater detail the location of all assigned work spaces, as well as on site equipment: A ----------------- SOUTHLAND TRANSIT, INC. 168 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 As the incumbent contractor for the City's contracted transportation services Southland's implementation tasks will be limited only to changes with our approach. The facility, call center and most equipment needed is already in place to support a seamless start up. However, we have made several commitments, which will also involve some new equipment. Our implementation steps are as follows: 1. Enter into contract with City of El Monte: STI will execute and return an original copy to the City within ten (10) days of receiving a notice to proceed. 2. Provide Performance Bond and Insurance to the City: Southland will provide the City with an annual bond prior to commencing work. 3. Enter into formal subcontract agreements with DBE vendors: Southland already maintains formal written agreements with Trans -Global and JCM. These agreements will be amended to reflect the specific services and value associated with this project. 4. Outfit DAR vehicles with MDT (Tablets): Southland employs professional staff right here in El Monte who regularly install all on board communications equipment. We stand ready to update the City's DAR fleet upon receiving notice to proceed and can commit that this step will be completed prior to commencing service under the new contract. 5. Implement 5M Software for Dispatching and Scheduling: This software is already in use by our affiliates in El Monte and will not require any major steps to implement. SOUTHLAND TRANSIT, INC." b0 'F. PROPOSAL F• '' THE CITY OF • ROUTE TRANSIT AND PARATRANSIT .. •2022 SOUTHLAND TRANSIT, INC.1t 170 Form 1-C: COST PROPOSAL 2022123 2023/24 - Fixed Route Combined (hourly) 2024125 2025126 2026/27 2027/28 2028129 2029/30 YR1 YR2 i YR3 YR4 ` YR5 0YR1 OYR2 OYR3 OPERATIONS Driver Payroll $ 517,214.20 $ 540,488,84 $ 562,108.40 $ 581,782.19 $ 602,144.57 $ 623,219,63 $ 645,032.31 $ 667,608,44 Driver Benefits & Payroll Expenses $ 125,548.68 $ 131,198.37 $ 136,446.30 $ 141,221.92 $ 146,164.69 $ 151,280.46 $ 156,575.27 $ 162,055.41 Other Operations Staff Payroll $ 208,225.54 $ 217,595.69 $ 226,299.52 $ 234,220.00 $ 242,417.70 $ 250,902.32 $ 259,683.91 $ 268,772.84 Other Operations Staff Benefits & Payroll Expenses $ 50,544.71 $ 52,819.22 $ 54,931.99 $ 56,854.61 $ 58,844.52 $ 60,904.08 $ 63,035.72 $ 65,241.97 Driver Training Payroll $ 14,040.30 $ 14,672.11 $ 15,259.00 $ 15,793.06 $ 16,345.82 $ 16,91T92 $ 17,510.05 $ 18,122.90 Driver Training Benefits & Payroll Expenses $ 3,408.14 $ 3,561.51 $ 3,703.97 $ 3,833.61 $ 3,967.79 $ 4,106.66 $ 4,250.39 $ 4,399.16 Supplies $ 1,982.06 $ 2,041.52 $ 2,102.76 $ 2,165.85 $ 2,230.82 $ 2,297.75 $ 2,366.68 $ 2,43T68 Vehicle Costs - Maintenance $ 124,315.04 $ 129,909.22 $ 135,755.13 $ 141,864.11 $ 148,248.00 $ 154,919.16 $ 161,890.52 $ 169,175.60 Fuel to be provided by the City at the City's expense Communications Equipment $ 10,739.67 $ 11,222.96 $ 11,671.88 $ 12,080.39 $ 12,503.21 $ 12,940.82 $ 13,393.75 $ 13,862.53 Miscellaneous Operations Costs $ 8,549.59 $ 8,934.32 $ 9,291.69 $ 9,61&90 $ 9,953.49 $ 10,301.87 $ 10,662.43 $ 11,035.62 TOTAL OPERATIONS EXPENSES $1,064,567.93 $1,112,443.76 $1,157570.64 $1,199,432.65 $1,242,820.61 $1,287,790.65 $1,334,401.03 $1,382,712.14' OTHER COSTS Administration/Management Payroll $ 117,587.98 $ 122,879.44 $ 127,794.62 $ 132,267.43 $ 136,896.79 $ 141,688.18 $ 146,647.26 $ 151,779.92 Administration/Management Benefits & Payroll Expenses $ 28,543.33 $ 29,827.78 $ 31,020.89 $ 32,106.62 $ 33,230.35 $ 34,393.42 $ 35,597.19 $ 36,843.09 Insurance $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 Facility Rent $ 48,344.04 $ 49,794,36 $ 51,288.19 $ 52,826,83 $ 54,411.64 $ 56,043,99 $ 57,725.31 $ 59,457,07 Utilities $ 2,900.64 $ 2,987.66 $ 3,077.29 $ 3,169.61 $ 3,264.70 $ 3,362.64 $ 3,463.52 $ 3,567.42 Other/Overhead Costs $ 96,842.04 $ 99,747.30 $ 102,739.72 $ 105,821.91 $ 108,996.57 $ 112,266.46 $ 115,634.46 $ 119,103.49 Profit/Fee $ 43,843.46 $ 45,158.76 $ 46,513.52 $ 47,908.93 $ 49,346.20 $ 50,826.58 $ 52,351.38 $ 53,921.92 TOTAL OTHER COSTS $ 539,548.15 $ 551,881.96 $ 563,920.89 $I 575,587.99 $ 587632.90 $ 600,067.93 $ 612,905.77 $ 626,159.57! TOTAL ANNUAL COST $1,604,116.08 $1,664,325.72 $1,721491.53 $1,775,020.65 $1,830,453.51 $1,887,858.58 $1,947,306.80 $2,008,871.71 Vehicle Revenue Hours (projected) 21307 21307 21307 21307 21307 21307 21307 21307 PROPOSED COST PER VEHICLE REVENUE HOUR $ 75.28 $ 78.11 $ 80.79 $' 83.31 $ 85.91 $ 88.60 $ 91.39 $ 94.28 Form 1-D: COST 2022/23 YR1 PROPOSAL 2023/24 YR2 - DAR/Para 2024/25 YR3i 2025/26 YR4 Combined 2026/27 YR5 (hourly) 2027/28 0YR1 2028/29 OYR2 2029/30 OYR3 OPERATIONS Driver Payroll $ 119,512.17 $ 124,292.66 $ 128,642.90 $ 133,145.40 $ 137,805.49 $ 142,628.69 $ 147,620.69 $ 152,787.41 Driver Benefits & Payroll Expenses $ 29,010.41 $ 30,170.82 $ 31,226.80 $ 32,319.74 $ 33,450.93 $ 34,621.72 $ 35,833.48 $ 37,087.65 Other Operations Staff Payroll $ 69,147.66 $ 71,913.56 $ 74,430.54 $ 77,035.61 $ 79,731.85 $ 82,522.47 $ 85,410.75 $ 88,400.13 Other Operations Staff Benefits & Payroll Expenses $ 16,784.92 $ 17,456.31 $ 18,067.28 $ 18,699.64 $ 19,354.13 $ 20,031.52 $ 20,732.62 $ 21,458.26 Driver Training Payroll $ 3,385.18 $ 3,520.59 $ 3,643.81 $ 3,771.34 $ 3,903.34 $ 4,039.95 $ 4,181.35 $ 4,327.70 Driver Training Benefits & Payroll Expenses $ 821.72 $ 854.59 $ 884.50 $ 915.46 $ 947.50 $ 980.66 $ 1,014.98 $ 1,050.51 Supplies $ 477.88 $ 497.00 $ 514.39 $ 532.40 $ 551.03 $ 570.32 $ 590.28 $ 610.94 Vehicle Costs - Maintenance $ 30,581.84 $ 31,805.11 $ 32,918.29 $ 34,070.43 $ 35,262.90 $ 36,497.10 $ 37,774.50 $ 39,096.61 Vehicle Costs - Fuel $ 23,047.75 $ 23,969.66 $ 24,808.60 $ 25,676.90 $ 26,575.59 $ 27,505.74 $ 28,468.44 $ 29,464.83 Communications Equipment $ 3,624.33 $ 3,769.30 $ 3,901.23 $ 4,037.77 $ 4,179.09 $ 4,325.36 $ 4,476.75 $ 4,633.43 Miscellaneous Operations Costs $ 11,587.80 $ 12,051.31 $ 12,473.11 $ 12,909.67 $ 13,361.51 $ 13,829.16 $ 14,313.18 $ 14,814.14 TOTAL OPERATIONS EXPENSES $ 307,98170 $ 320,300.96 1$ 331,511.48 $ 343,114.38 $ 355,123.39 $ 367,552.70 $ 380,417.05 $ 393,731.64' OTHER COSTS Administration/Management Payroll $ 71,099.22 $ 73,943.19 $ 76,531.20 $ 79,209.79 $ 81,982.13 $ 84,851.51 $ 87,821.31 $ 90,895.06 Administration/Management Benefits & Payroll Expenses $ 17,258.64 $ 17,948.98 $ 18,577.20 $ 19,227.40 $ 19,900.36 $ 20,596.87 $ 21,317.76 $ 22,063.88 Insurance $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 Facility Rent $ 11,655.96 $ 12,005.64 $ 12,365.81 $ 12,736.79 $ 13,118.89 $ 13,512.46 $ 13,917.83 $ 14,335.37 Utilities $ 699.36 $ 720.34 $ 741.95 $ 764.21 $ 78T13 $ 810.75 $ 835.07 $ 860.12 Other/Overhead Costs $ 10,907.96 $ 11,235.20 $ 11,572.26 $ 11,919.42 $ 12,277,01 $ 12,645.32 $ 13,024,68 $ 13,415.42 Profit/Fee $ 13,856.80 $ 14,272.50 $ 14,700.68 $ 15,141.70 $ 15,595.95 $ 16,063.83 $ 16,545.74 $ 17,042.11 TOTAL OTHER COSTS $ 179,15423 $ 183,802.15 $ 188,165.39 $ 192,675.60 $ 197,337.77 $ 202,157.02 $ 207,138.69 $ 212,288.25 TOTAL ANNUAL COST $ 487,13593 $ 504,103.11 $ 519,676.87 $ 535,789.99 $ 552,461.15 $ 569,709.73 $ 587,555.73 $ 606,019.90I Vehicle Revenue Hours (projected) 4927 4927 4927 4927 4927 4927 4927 4927 PROPOSED COST PER VEHICLE REVENUE HOUR $ 98.87 $ 102.31 $ 105.47 $ 108.74 $ 112.13 $ 115.63 $ 119.25 $ 123.00 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT .. •2022 VIII. AGENCY REFERENCES Southland Transit's has been a municipal transit service provider since 2001. The Company's formation resulted from a merger of the public transportation contracts that were formally operated by its affiliate, San Gabriel Transit, and another local transit contracting firm. San Gabriel Transit was founded in 1953, and remains the most reputable provider of ADA paratransit service in Los Angeles. With a combined total of 68 years of public transit experience, Southland Transit has built a reputation as one of the most effective transit companies having successfully operated services under contract with multiple Cities, Counties and Transit Agency's throughout Southern California. City of El Monte — Current 3990 Arden Dr, El Monte, CA 91731 Contact Person: Sarah Zadok 626.580.2236 Length of Service: June 2008 to the present Type of Service: Fixed -Route and Dial -a -Ride 111 Vehicles EL .�M. Annual Contract Value: $ 1,714,278 Est Annual Revenue Hrs: 30,330� City of Baldwin Park - Current 14403 E Pacific Avenue, Baldwin Park, CA 91706 MEN Contact Person: Sam Gutierrez 626.960.4011 ext 460 sa, > HUB,4F•'�', Length of Service: 1997 to the present Type of Service: Fixed -Route and Dial -a -Ride 110 Vehicles�����°��` Annual Contract Value: $ 1,170,000 Est Annual Revenue Hrs: 25,000 City of Alhambra (ACT and Senior Ride) - Completed 111 South First Street, Alhambra, CA 91706�` Contact Person: Mary Chavez 626.308.4880 Length of Service: October 1998 to 2019 Type of Service: Fixed -Route and Dial -a -Ride 117 Vehicles�� Annual Contract Value: $1,208,868 Est Annual Revenue Hrs: 38,906 San Luis Obispo Regional Transit Authority (SLORTA) - Completed 1150 Osos Street, Suite 206, San Luis Obispo, CA 93401 Contact Person: David Lilly rta Length of Service: July 1, 2003 to June 30, 2007{ s Type of Service: Fixed -Route and Dial -a -Ride 130 Vehicles Annual Contract Value: $ 2,254,838 Est Annual Revenue Hrs: 54,325 SOUTHLAND TRANSIT, INC.'` Iw 171 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 Metropolitan Transit Authority, Los Angeles - Current One Gateway Plaza, Los Angeles, CA 90012 Contact Person: Sandra Solis 213.922.6266 Length of Service: July 1, 2005 to the present Type of Service: Fixed -Route 141 Vehicles Metro Annual Contract Value: $13,911,550 Est Annual Revenue Hrs.: 115,000 County of Los Angeles, Sunshine, El Sol & Heights Hopper Shuttle Service - Current 900 South Fremont, Alhambra, CA 91803 Contact Person: Vanessa Rachel 626.458.5960 Length of Service: 2018 to the present muic WORKS Type of Service: Fixed Route 127 vehicles Annual Contract Value: $3,707,246 Est Annual Revenue Hrs: 54,796 SOUTHLAND TRANSIT, INC. 172 'F. PROPOSAL F• '' THE CITY OF • ROUT • f SOUTHLAND TRANSIT, INC.1t 173 r* "I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE T'.�R IX. FINANCIAL RESPONSIBILITY Southland Transit, Inc. is one of the strongest locally owned transportation companies in the region. We have no adverse financial conditions to report and have included in the exhibit section our most recent financial statement, which has been signed by a CPA and includes our compiled balance sheet and income statement. Southland Transit, Inc. requests that access to this information be limited to the least number of people necessary and only those who are required to evaluate our financial standing. SOUTHLAND TRANSIT, INC.'` i� 174 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AN-D PARATRANSIT OPERATIONS - 2022 X. REQUIRED FORMS 01 11 1W no 7171 �1- - =71 k BE= Civil Litigation History/Civil Litigation Certificate State of California Drug Free Workplace Certification Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility Matters Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members 1. Commitment Form 2. Affirmation Forms 3. DBE Certificates SOUTHLAND TRANSIT, INC. 175 INC.'` ^PROPOSER Southland Tranift, Inc. x/-�r-- ' City of El Monte 11333 Valley Blvd. ' El Monte CA -' - ~ / In response to the Request for Proposal �RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to per -form and complete the work as required in the Contract. We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal, if awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable), - Addenda _ - � *�Page I of2�' / - Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP: Jason Snow, Vice President/COO (626) 258-1310 Name Title Phone The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof, The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents. By Signature Timmy Mardirossian Type or Print Name 3650 Rockwell Avenue Business Address El Monte, CA 91731 City, State, Zip Code (626) 258-1310 Telephone Number (626) 258-1329 FAX Number Page 2 of 2 Proviosal Check Sheet Explain in detail any NO answers, Attach additional pages to the form if necessary, General Agqtrim MggjjLs Have you completed and enclosed the Cost Proposal (Form 1)? ®R E:1 Yes No Have you completed and enclosed the Proposal Letter (Form 2)? mi El Yes No Have you completed and enclosed the Proposal Check Sheet (Form 3)? ®R 0 Yes No Have Von enclosed all required Attachments, Forms, etc.? Eil 0 Yes No Have you enclosed at least three current client references? KI 13 Yes' No Have you enclosed at least one previous client reference? D'K El Yes< No Have you included your Certification Regarding Lobbying? [i] 0 Yes No Have you included your False Claims Act Certification? 10 0 Yes No Have you included your Civil Litigation Certification? [i] 11 Yes No Have you included your DBE Certifications, if applicable? EXI 11 Yes No Does your company currently, possess a business license for the City of El Monte? T ID Yes No Does your company currently provide transportation service to El Monte Residents? Yesr, No Does your company have previous experience in providing transportation ®R El service to El Monte resident? Yes No Qpffg!Facfimty Is your operations facility located in the El Monte service area? D-X FD Yes No Have you provided the address and complete description of your proposed EKI El operations facility? Yes No Have you provided a list of all other operations provided from the Proposed operations facility? Vig R6 rdinira Do all of your drivers receive 80 hours of classroom instruction and x E-1 operation training? es No Does your company employ a full-time training staff? K D Yes No Does your company employ a full-time driver recruiter? 'K F—i Yes No Does your company participate in the California DMV EmptoVer ve, P, Testing Program? Do all of your drivers receive at least 12 hours of annual refresher training? Fix] El Yes No Does your company currently employ El Monte resident? ®R 0 Yes No safe Have you included a copy of your company's safety plan? El D Yes No Does your company employ trained accident investigators? a D Yes No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? Yes No Does your company provide at least 810,000,000 General: Liability coverage? 0 I] Yes No Does your company provided $1,000,000 Workers Compensations coverage LO ED to all employees? Yes No ills 1�rt�i� Does your company use auditing procedures to ensure the accuracy of fare VIJ collection and billing? Are audit procedures fully described in your proposal? 0 Yes No Have you identified the Project Manager in your proposal and provided Fei Vo a complete description of his/her experience and qualifications? Have you identified and described the experience and qualifications of all We, 0 backup personnel and other supervisors, that will provide service to the City? Have you included a detailed organization chart which shows the number of all Fes 0 staff (including drivers, dispatchers and receptionist) providing service to the city? Have you identified your maintenance manager and/or road supervisor and PX', P, clearly described his/her experience and qualifications? Have you included wage and benefit information for vehicle maintenance staff VIII VI and/or road supervisors? Have you identified the number and experience of vehicle mechanics? lox 0 Yes No Have you provided a Manpower Analysis? R Yes No Does the Manpower Analysis clearly identify the other commitments/projects Wjs Po that staff members are required to complete? Page 2 of 3 Other Does your company survey its c st Mrs fors tisf tion/n eds ratings?� Yes No Have you provided copies ofsurvey results and sample surveys in your proposal? Yes No Have you included copies of your sf ty policy, Drug and Alcohol testing policy, accident reporting forms, management reports and all other relevant documentsV Page 3 of Westchester Fire Insurance aat parry o215-640-4198 436 walnut Street F 21,5- 40-1:134 Philadelphia, PA 19106 USA tag December 22021 Re: Southland Transit reqnalificalion letter To Whom It MayConcern: Southland tt has been pre ua ' ed by Westchester Fire Insurance Company who will provide consideration for the City of El Monte Transit / Dial - Ride Operations projeel up to $150,000. Consideration for higher limits will be underwritten on a case by case basis, We tch ster Fire Insurance Company is an A + rated surety through AM Best and is listed in the federal Register. s you are well aware, formal approval of any and all, bonds would also be conditioned upon applicable underwriting considerations such as acceptable , contract terms, review of bond forms and a favorable review and compliance with current underwriting information and requirements at the time of the requests for bonds. This letter of recommendation is not a bid or performance bond nor assumption of liability. Future brands will be considered suNect to favorable underwriting conditions including mutually acceptable contract terns. ,Should further information be needed, please feel free to contact me. Yours very truly, T INSURANCE L° r ce l.cllacaa, Attorney -In- Fact Ills ore Chu Insured,, PRIVACY lTICE This message is intended only for the use of Lite individual or entity to which this is addressed and may contain inforotattioaa that is privileged, confidential, or exempt from disclosure under applicable Federal or State Law. If the render of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissernina ivat, distribution, or reproduction of this communication is prohibited. notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate i attached, and not the truthfulness, accuracy, or audit of that document. State of California County of San Diego On December , 2021 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Lawrence F. McMabon y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 'helsh lthey executed the same in his/her/their authorized cap city(i s), and that by hislherltheir signature(s) on the instrument the erson(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY TY E PERJURY under the laws of the Mate of California that the foregoing paragraph is true and correct. WITNESS E my hand and official seal. =DE LA COUNIV SignaturE (Seal) Power of Attorney i�iaCl Yiy;.Tt 941a"1�lida:,,t3tiq JdW«T4F N9 A11.Y3 aa4#9@l;"!'M1Wc H #lrSYi" so#t„#e eaTe kv.#acu ri#Fii axacani.LL'Yd#cat... tE# �'dx�G'ut.a ex#ian p# #wa.0 U-1. r.w F., qu:' �Ew na w w #.uma s-- vsa�E. � Gauss #+..aara.rs x�vaxra Ihtu.ta ('IflorA .,4 �i Want nh'a°�1<trr lmtalaly t 1 tIUiWEry.Vkv'fs."'lAwk .w n. WISPW W-A STATE OF NEW JFRSCY County ,ofHunterdon ss. Notarial Seal KATHERINEa,M)CLAAR NOTARY PLIDUC Or NSW it-ASr=y No 2316685 Ai kLicornmetakwExpresJuly 18, 2024 Nafan'laukilsr JEE1� CERTIFICATION Regnlutltvns adopted by Life Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSUKANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016 WESTCHES'I ER 1 1RE TNSURANC33 COMPANY on D cr iriber 11, 1 06; and ACC: ftCw ERICAN INS RANC E COMPt NY fait Atnaa'ch 20, 2009: 'RHSOLVED, that the tel roving au.tiaet*Fautieans relate to the execution, Or and on behalf ce the Company, of bonds, undertakings, rec gnizane-esySvontracts and otlaei written tomm3ime nsx of The C m p ny entered tnteo in the a dlt try coua'se cif°business (Pac 1, a °'Writtoo Column fa o nt"`I: _. 1) Cach or the Chaurexaup, the president and the Vine Presidents of theGarnpany viberetby authorized to axereireany WriuenCtornliaancrr to—adonbehal(oftheC'uropany,Uftd . dresea( at the Company or othpa wale, (2)... Each duty appointed atrrrney-in-factutthe Company is hereby authorized to execute any Written Corn irmentftarand(Inbehalfortifecornpany.andortlaecmlorthecotogamnyOrotherwise, ... tca the etatent 1.11 ar wuCti.oCUGH IS JR10 orived by the grant o rpavvers provided for In such pumon',s wrIlUnt apple ntinentits soup attr rney-i'n-f acL. (T). - such Written appointrrtenI4 which specif3rudou may he by hencral Type or class t>f written cotttrriMm"Ths or by .specificarna al one ar more parocelar" Writter, Given u ader my hand and soak rat said Crain ianies at Whitehouse Station, NJ, this December 9, 2021. CW. ))o a T. t�tY^�t AI t,laltlta�.�w..,r^tn{lt*a��rt`tnW�° IN THE EVENTYCGU WISH TO 5r} RIPYYTf€1i AtJ ffi'urNT"ICI Y OF THIS BOND OR NOTIFY US Of ANY OTHER MATTER, PLEASE ASE CONTACT US AT Telephone 94aj A?iW i 1l3 Fax 1"JO£il 1V7:1w iC5£x e m a4h s rety rlxu66.c001 Cculb red: FEET-IIIC-PI VY"C-AA1 (rev, 11.19) SURETY BOND DIGITAL SIGNATURE AND CORPORATE SEAL NOTICE AND ADDENDUM WESTCHESTER FIRE INSURANCE COMPANY (" 'T` IRE") has authorized its respective Attorneys -in -Fact, to affix WESTCHESTER FIRE'S rporat seal to any surety band executed on behalf of WESTCHESTER, FIDE by any such Attorney -in -Fact by attaching this Nonce and Addendum to said bond. To the extent this Notice and Addendum is attached to a surety bond that is executed on ` behalf of WESTCHESTER FIRE by its Attorney -in -Fact, WESTCHESTER FIRE hereby agrees that the corporate seal below for WESTCHESTER FIREshall he deemed affixed to said bone) to the sage extent as if its raised corporate seal was physically affixed to the 'face of the bond WESTCHESTER FIRE hereby further agrees that the execution of said bond on behalf of WESTCHESTER FIRE by its Attorney -in -Fact with said Attd ey-in-Fact's digital signature shall be considered acceptable to the same extent as if the Attorney -in -Fact executed the band with their original, wet ink signature. Dated this 25th day of Angst, 2020. WESTCHESTER FIRE INSURANCE COMPANY By - Stephen M. Haney, Vice President CITY OF EL MONTE Request for Proposals APPENDIX A, 49 CFI PART 20—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements ill 11 ilm ON dLUJI ER�FS (I"CIMIRS 5VUWr1U7dLLN* LUFWW grarim loans, and cocipefatk� agreements) and that all subr6cipierits shall certif� and discloS4 ittordhigly. [Note,, Pursuant to 31 USC, §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such expenditure or failure.] I of 2 FORM 5 oudiland Transit, Inc. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, , if any. in addition, the Contractor understands and agrees that the previsions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature ofContractor's Authorized Official t'iza l rdir ssi - d Title of Contractor's Authorized Official, 1i10/21 Date of 2 FORM 6 CITE' OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 90201 LSE CLAIMS/ LSE CLAIMS ACT CERTIFICATION (TRANSIT & PARATRANSIT OPERATION RFP) Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify r provide the requested information may result in determination that the Proposer Is non -responsive and City ` may reject the proposal on this basis. Failure to frilly and accurately provide the requested certification or information ma result in a determination that the Proposer is not responsible and Citymay reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Cade Sections'1 0 et seq. FALSE CLAIMS ACT CERTIFICATION If the Proposer has no False Claims Act violations as described above, complete the following: I -Timmy Mardirras ia.n am the ___President (Print name of person responsible for submitting proposal) (Title with proposing entity) of, Southland Transit, Inc. (hereinafter, "Proposer"). (Print game of-PropoMn ntity) In submitting proposal to the City of El Monte, 6, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership Interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above. declare under penalty of perjury that the foregoing Is true and correct. Executed this Itlth days of Dec, , 2021 at El Monte, Cad (month and ear) (city and state) s of proposer) City of El ,ante False Eioiros `F lse Claims Act Certification Page 1 of FALSE CLAIMS ACT VIOLATIONS INFORMATION ATION (1) Bate of Determination of Violation: () Identity of tribunal or court and case name or number, if any. () Government Contract or project involved: (Government agency involved. () Amount of fine Imposed; ( Exculpatory Information: DECLARATION I, , the (Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter, "Proposer" (Print name of Proposing Entity declare under penalty of perjury that the above information is true and correct. Executed this day of a (month and year) icity and states b (Signature of Person Responsible for Submitting ProposM on behalf of proposed END OF DOCUMENT ; FORM 7 CITY OF EL MONTE CITYHALL 11333 VALLEY BOULEVARD EL M ETE, CALIFORNIA ty CIVIL LITIGATION CIVIL LITI ICERTIFICATION (TRANSIT and PAR T A SIT OPERATIONS SERVICES REP) Proposer shall provide either the certification requested below or information requested on the net page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately. provide the requested certification or information may result in a determination that the Proposer is not responsible. For the fire lS years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought y or against the entity soliciting Proposals; the Proposer submitting the instant Proposal, including any person who is an officer of or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices'. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the Jurisdiction in which it was filed, and (in) the outcome of the litigation, e.g., whether the; case is pending, a Judgment was entered, a settlement was ruched, or the case was dismissed. CIVIL LITIGATION CERTIFICATION if the Proposer has no civil litigation history to report as described above, complete the following: 1, the !Print name of person responsitbie`for submitting proposal) (Title with proposing entity} of, (hereinafter, "Proposer") (Print nacre of Proposing Entity); In submitting a Proposal to the City of El Monte for transit and Paratransit Operations 5ervices,1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved it civil litigation as described, above. I declare under penalty of perjury that the foregoing is trine and correct Executed this day of at (month and years {city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CIVIL LITIGATION HISTORY INFORMATION 1, Timmy Nfardirossian, , the President (Print name of person responsible for submitting Proposal) {retie with Proposing Entity) of, Souffiland Transit, Inc. (hereinafter, "PrOPOSer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this Ih day of Dec , 2021 at 14'.] Monte, CA (month and Vear) (city and state) END OF DOCUMENT City of E I Monte Transit and Paratransit Operations RFP Page 2 of 2 Company/Organization Name- SOULhland Transit, Inc. ('Proposer") The proposer named above hereby certifies compliance with U.S. DOT regulations 49 CPR part 29, Subpart F and Government Grade Section 8355 in matters relating to providing a drug -free workplace. The above named Proposer or grant recipient will;`` t'i Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations of time prohibition. 2. Establish an on -going rug -brae Awareness Pror °a as required to inform employees about slf, the foHo wing°; (a) The dangers of drug abuse in the workplace, (b) The person's or organi ation's policy of maintaining a drug -tree workplace, (c) any available drug counseling, rehabilitation, and employee assistance ` Programs, (d) penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3, Every employee who works on the proposed contract or grant will receive a copy of the company's drug -free policy statement 4 Notify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to (a) Abide by the terms of the company's policy statement, and (b) notify the employer (proposer) in writing of any conviction for a violation of a criminal drug statute occurring 'in the workplace no later than five () calendar days after that conviction, , Notify FTA in writing, within in ten, (f 0) calendar days after receiving notice required by paragraph 4 (b){from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employerof any convicted employee, must provide notice, including position title, to every project officer or other designed on whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories. . Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted' 1 of ' ' ^(a) Taking appropriate personnel action against that employee, up to an including termination, - ~ '~Executed on _ .-� �Print Name: Tit -rimy Mardirossian Title: President _�m*�� ~ ~ � ' ' California' FORM 9 CERTIFICATION PRIMARY PARTICIPANT G I G DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITV MATTERS The Primary Participant nt (applicant for an FT"A grant or cooperative agreement. or potential contractor for a third party contract )M Southland Transit, Inc....�. ,---certifies to the best of its knowledge and belief that it and its principles. 1.. Are riot presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded liorn covered transactions by an Federal debarment or agency. . Have: not within as three year period preceding this proposal been convicted of or had a"caivil judgment, rendered against them for commission: of fraud or a criminal ofTense in connection with obtaining. attempting to obtain, or performing a public (Federal, State or focal) transaction or contract trader a public transaction, violation of Federal or Mate. antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making statements, or receiving stolen property., _ 3. Are not presently indicated for or otherwise criminally or civilly charged by as governmental entity (Federal, State or Local) with cones-aission of any of the offenses enumerated in Paragraph () ofthis certification-, anrl,' . Have not within a three-year period preceding; this appiication /proposal had one or more public transactions (Federal, Mate or Local) terminated for default, (If the primary participant (applicant for and FTA. grant, or cooperative agreement. or potential third party contractor) is tenable to certify to any of the statements in this certification. the participant shall attach are explanation on to this certification.) THE PRIMARV PARTICIPANT (APPLICANT FOR AN ETA GRANT II COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTV CONTRACT), C'T), _Southland Transit, Inc. ,; CERTIFIES AFFIRMS TRUTHFULNESS AND ACCITRACV OFT CONTENTS `ITT THE STATEMENTS SUBMITTED ON OR, WITHTHIS CERTIFICATION AND I- a TAi THAT THE PROVISIONSF 31 U.S.C. SECTION 01 ET SEQ. ARE APPLICABLE li `I Signature of. Title of:Authorized Official T immyt rdiros ian, President FORM 10 CITY OF EL MONTE CI'I`i' HALL 11333 VALLEY BOULEVARD FL, MON-m_, CALIFORNIA 91731 COMMUNICATIONS ITH CITY COUNCIL,ADVISORYCOMMIT AND CITYSTAFF DiSCLOSURE OF CONTACTS WITH OUNCIL NI M1 E1 (TRANSIT AND PARATRANSITOPERATIONs RFP) 1" P'n1lowing they dcaacllr'nc fr;rr" srrlarrais,saarn of t`crpo ails and continuing until the Ciy Council catvarsls the last contract, ifaar_y: f if El Alonte Cio,, Council members,nac nib r°s eaf'tbe= City's a;xec'atftte nra n agernent tearnt, and staLff"tnembeJr:s will not hold atny discussions or any" nje tin .s. conferences or other- like gatherings ivitb aarq Proposer, except as this RFC allolvs or rathenii.se contemplates' and (it) as Proposernttat not cearranr.arnica rv, in cans° manner, tt°ith the individuals tdenti ied in r'onra effe, aabc lv' axon rt as cfrrttern laated under the teons"aaf the RrP. Pray nsers ivr-ite to the Cita, Council as as it,lae le after cta 'rai.oatir endaatrnraxs` are rnaaele public Fly sli°a f"'in ranta`cip ation rff apublic meetin Front the dote the UP is issued to that date on tvhich than City, cantards, the last contract, if Sara ,",aa Proposer Inus°t not dir-e�e°th" or indirectly give flta�nish, donate, or` promise cant' marry, cy, a't�tn1 rrsaltion, €g,?ft,' r'aatuigi, or aanwhin tV'valarc to the individuals listed under r"aan anette 1'il gfparrcag r°caph 1, cairartse n- the purpose of, or rt hicsh has the 0,1ki of • eeur°in or establishing can artft°aantaa e ove� r- oilier rAarposcrx,' • Securing ur in * or recomtnendinrg the election of..the Proposers Proposal,, or • Securing or recotnrneraaling the L ontr`Gact'S award to The Proposer. • I itrlaatiains rrfParagraphs t or Paragraph 2 or both, vvill c.onstitrate'W•crtands for rjectnrn Proposer shall provide either the certification requested below or information requested on the - next page. Failure to provide each certification r information a result in determination that the Proposer is eta res tea ivre. Failure to fully and accurately provide the requested certification r information a result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well.. bearing the one-year period immediately preceding the data of they deadline for submitting proposals, list the date of all; meetings or rather communications cations they folleavv ing persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and panatransit operations the City of El Monte: the: Proposer submitting the instant Proposal, including y person who is an officer- of, or in a trianaging position on with, or has an ownership interest in the entity submitting the `Proposal. Please also identify die n edsl of the City Council mernbers or City employees with whom such persons have met with or communicated with regarding the; provision eat"' transit and paratransit operations services to the City of El Monte. orate C,at V Of hl 'e to ale Transit and 1'onier'r nsii Op rafiens try"f" Page I of HISTORY OF MEETINGS OR COMMUNICATIONS WITH EL MONTE CITY COUNCIL MEMBERS AND/OR CITY EMPLOYEES REGARDING TRE PROVISION OF TRANSIT AND PARATRANSIT OPERATIONS SERVICES TO THE CITYOF EL MONTE DURING THE ONE-YEAR PERIOD ENIN11FDIATELY PRECEDING THE SUBMISSION OF TIRS PROPOSAL List the date of all srich meetings or communications, the City Council meniber or City employee with who you met with (attach extra pages if necessary) DECLARxr[ON 1, —, the (Print narne oFperson responsible for subt-rutfing Proposal) Jitic with Proposing Entity) of thereirtafter, "Proposer") (Pratt Narne of Proposing Entity) declare under penalty of perjury that the above infomiation is true and correct. Executed this day of at (tuonthand year) t,cityand state) b (Signature of Person Responsible For Submitting, Propmal on behaff'of Proposer) END OF DOCUMENT On Almae hyowt and Pa"Aronsit Operafir"Is R1, I' Page 3 of 3 ahove regarding the provision of transit and paratransit operations to the City of El Monte with the 'one-year period immediately preceding the submission of this Proposal, complete the following: ~-___-- ' LOCAL AGENCY PROPOSER RC -DBE COMMITMENT This form must be submitted with the proposal. Local Agency - City of El Monte Location El Monte Project Description Fixed Route and Paratransit Services Contract - 2022 Proposal Date December 14, 2021 Proposer's Name South] and,Tran sit, Inc. Des0ption of Seraces DBE Name of Each RC -DBE Vvbrk Item to be Subcontracted Cetencate (must be certified prior to submission- Percent Number (or contracted it the Number and indude Partapation Proposer �s a RC-08E) Expiration Date RCJDBE address of Each Fic-0812- aod phone number FOR AGENCY TO COMPLETE Total Claimed RG-DBE Commitment: 3.6 % Agency Proposal Number Federal -Aid Project Number Federal Share Proposai Date Agency cerfifies khat the DBE cerfifications have been verified and all informationis eamptete and accurate/unless noted otherwise. Signature of Proposer S�gnature a Agemy Representative Date Date Phone Number Jason Snow, VP/COO Agency Representative (please print Or type) Person to Contact (please pd nt or type) Phone Number DBE AFFIRMATION TO BE COMPLETED BYr PRIME AND ALL SUBCONTRACTORS THAT WLL SUBCONTRACT TO A DBE BUSINESS.. Prime and subcontractor(s) at any tier level that will subcontract Mirk to a DBE business are required to complete this form to affirm that it will utilize the DBE businesses listed on Form I or Farm 4. This form must be signed by the DBE busyness acknowledging that it has submitted a written quote to the respective Prime or Subcontractor„ and has been listed to perform work on this contract. f: IFB/RFPiRFIQ Number; Ci!y of El Monte Project Name• Transit and ar tr nsit/Chal-At-Ride t7 er tin - 2022 3, Prime Name: Southland Transit, Inc, 4. Prime Business Addressi 3650 Rockwell AveEl Monte CA 91731 (Street ) (City (State) (ip) Name. of Proposed DBE Business Trans-Globl Services, Inc. DBE Business Address, 709N, Hida!Aey tq . Alhambra CAA 91801 (Street) (Cif) (State) (zip) 7; Financial Description Total Amount listed for this DBE business ist $r ,1 base + ,I � tions) ... (Arnou F should rnalctr SAmoufulmteo fof Eris bwoness on rsorm Y of Forest 4 & Technical Description P klentify the scope of work that wilt be performed by this DBE business. Phase provide applicable Northern America Industry Classification System {NAILS) code(s) only. Affirmation: Signatures of the authorized representatives of this Contractor and of the DBE business below represent the commitment by both parties to enter into a formal subcontract agreement for the work and any terms or conditions described above and in the accompanying attachments, conditioned on the Bidder/Proposer being awarded this Contract. Southland Transit, Inc, 7r fis- lob l Services, l (Prime Name) Nanr (Aut rued Sirrnattrre. of Business) I (.Authorized Sr nat r of Business) (Date) Jason Snow (Typed or Printed flame of signee) VP/COO (Title of Signee) j son( sitathlcandtransit. tots( (Email) -11t} (Telephone) cz (r)ell Luisa J Sun (Typed or Printed Name of Signee) President (Title of Sirgnee) trails l ba1u oLcom (Email) () '- 71 (Telephone) Page 1 of y G, o- t; r4 cs 11,1 t ir.Y California Unified Certification Program Certified Directory I'RANS-GLOBAL SERVICES, INC. LUISA SUN traits Vo attrsa@aoa .coo 9-47 -4971 - 7-1348 wwwtrans-gVobalservices.com 709 N. t11LCALGO AVENUE 709 t1 LDALi9C VEND scan,-Pa6fi4irr mean Female Cal'trarrs CBE ALHAMBRA, CA 91801 ALHANIBRA, CA 91801 561720 • Veneran b9`nd r:taana ng services,- 991740 . Carpet and Upholstery Cleaning Services, 562998 - Alt Other Miscellaneous Waste Management Servicesr 911197 - Car washes; C9999 w BROKER (FOR FEE ONLY; 17941 9 JANITORIAL SERVICES; 17380 M tC BU91CC SERVtCES 9999 "TRANS --GLOBAL. SERVICES, INC, LiASr1SUN trarrsgiobalusa@akol"corrr 976421871 29-4 °7w194 v9 .trams-9€otrrlsarvi:aa.com 709 N, HIDALGO AVENUE 709 N. HiDALGO AVENUE ian- aci is American Fernale Caitr°ans DBE t7LHAMBR , CA 91901; LHAM ";Cry 91801 Maintenance and upholster 951729 - Janitorial sary icas; 561720 w W't neban s €ititt cleaning services', 9917 40 - Carpet and upholstery Cleaning Services, 99 999 Ah Other Miscailarraorus Waste Management arv+irvas; 911197 - Car washm C99991- BROKER (FOR FEE ON YI: 17341 A JANITORIAL SERVICES, 17380 n 9119C BUSINESS SERVICES' 1.;4s Angeles 9290 DBEAFFIRMATION TO BE COMPLETED BY PRIDE AND ALL SU13CO lT A TORS THAT WILL SUBCONTRACT TO A DBE BUSINESS. Prime and subcontractors) at any tier level that will subcontract work to a DBE business are required to complete this fora to affirm that it will utilize the r7BH businesses fisted on Form t or Form 4. This forma must he signed by the DBE businesk acknowledging that it has submitted a written quote to the respective Prime or Subcontractor, and has been listed to pertorrri work on this contract. i. IFBIRFPIR Icy Number, City of El Monte 2, Progect Name: Transit and aratr n ii/Di (-a -Ri Operations - 2022 Prime Marne. Southland Transit, Inc. 4Prime Business Address; 3650 Rockwell Ave El Monte CA 91731 (Street ),' (City (State) (Zip,) 5a Name of Proposed DBE Busine s.- JCM &Associates, Inc. d. OBE Bus inessAddres : 5443 E. Was �n ton Blvd. Commerce CA 90040 (Street ) (City (State) (Zip) 7 Financial Description - Total Amount listed for This DBE business is 1 ,7 1, 1 (base) '+ T7 0pfi ns) fAmo n . t uld match $:Amount kated for ft tushos5 w Fam: r or Form wj. . 8. Technics I Description r Identify the scope of work that will be performed by this DHE business. Please prorride applicable Northern America Industry Classification -System ( l S) code(s) only, ,Aff7 tfts'on: Signatures of the authorized representatives of this Contractor and of the DBE business below represent the commitment by both par#ies to enter into a forma$ subcontract agreement for the work and any terms or conditions described above and in the accompanying attachments, conditioned on the SiddedProposer being awarded this Contract. SouthlandTransit, Inc. JCM & Associates, Inca (Prime Name) 8l M�usl�s l�lame7 (A o-dzed Signature of -Business)' (Authorized Signature of 3 as) G-i (late) (Date) Jason Snow Richard Crady, (Typed or Printed flame of Signee) (Typed or Printed Marne of Signed) VP/COOP (Title of Signee) (Title of Signee) t son@so lthandtransit.corrt cl r uegoO unitormsxcirn (Email) (malQ (Telephone) (Tetephcne) Page 1 of 1` Los Angeles County One c2teway plaza z22z1000Tri Metropolitan TramspcntadooAuthority Los Angeles, [A9nn,x'zg52 mc^o.nct M etr0- CALIFORNIA UNIFIED CERTIFICATION PROGRAM March 25.2O1SREISSUED an12V2nNA/CoADDED: o15oanm4IC3REMOVED: Vy23oY CUCP#32ff@ Metro File #70 Jose Cornejo JCN& Associates, Inc. dba Blue Goose Uniforms 5443E.Washington Blvd. Commerce, CASO04O-2iO5 RE: Disadvantaged Business Enterprise Certification Dear Mr. Connejo: We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 26, as amended. This certification will be recognized by all of the U.S. DOT recipients in California. Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs under the following specific areas of expertise that you have identified on the NAICS codes form of the application package: NAICS Description 448190 Other Clothing Stores 315990 Apparel Accessories and Ot6er Apparel Manufacturing Your DBE certification applies only for the above codes. You may review your firm'sinformation hnthe CUCPDBE database which can be oocoxmed at the CUCP'svvebsite at Any additions and revisions must besubmitted toMetro for review and approval. In order to ensure your continued DBE status, you are required to submit an annual No Change Declaration Form (which will busent toyou) along with supporting documentation. /fnochanges are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your OBE status remains in effect unless K8ed,n notifies you otherwise. Should any changes occur that could affect your certification status prior ti nfthe NoChange Declaration Fnnn, such as changes in yuur8nn'm name, business/mailing oddnano, ownenship, management orcontrol, or failure to meet the applicable business size standards or personal net worth utandand, please notify k4etnu immediately. Failure to submit forms and/or change of information will be deemed afailune to cooperate under Section 2G.1O8ofthe Regulations. K4oboreaon/es the right towithdraw this certification Jotany time it imdetermined that itwas knowingly obtained by false, misleading, or /noonno( information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records and documents by Metro. Congratu|uUons, and thank you for your interest /n the DBE pnp9nem. Should you have any questions, please contact uaat . For information omMetro contracting opportunities, please visit our vvabedo at www.metro.net. Sincerely Shirley Wong Principal Certification Officer Diversity & Economic Opportunity Department Small Business Certification Unit From: Hinojosa, Megan <Hij K4@naetnznet> Sent: Tuesday, January 5i2O21 10:03AK4 To: richard@b|uegooseunifornszom Subject: Annual NnChange Declaration #7O We have received your Annual No Change Declaration. Your DBE and/or SBE file has been updated a remains active. You will not receive any new certification letters. We will do this again next y, Megan Hinojosa LA Metro Certification Officer Diversity & Economic Opportunity Cepartment 21I923.2209 rne{rn.ne1 | facebuok.con«/osange|esrnetnJ / @nnetro|usange|es PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 Exhibit 1 — STI Employee Handbook Exhibit 2 — STI Drug and Alcohol Policy Exhibit 3 — STI Safety & Training Manual Fxhibit 4 — STI Customer Service Manu,71 Exhibit 5 — STI Accident/incident Investigation Procedure Exhibit 6 — STI Safety, Security and Emergency Preparedness Plan (SSEPP) Exhibit 7 — STI Injury, Illness and Preparedness Plan (IIPP) Exhibit 8 — Financial Statement SOUTHLAND TRANSIT, INC. ri-snllt" Southland Transit, Inc. Employee Handbook — Rev. May 1, 2015 Table of Contents Section 1 Introductory Policies Page 2 Section 11 Starting the Employment Relationship Page 4 Section III Discrimination and Harassment Page 6 Section IV Reasonable Accommodation Page 10 Section V Communication & Problem Solving Page 11 Section VI Confidentiality & Conflict of Interest Page 13 Section VII Payroll Practices Page 15 Section VIII Hours of Operation & Work Schedules Page 19 Section IX Personnel Records Page 22 Section X Job Duties and Performance Page 24 Section XI Employee Conduct & Work Rules Page 25 Section XII Safety & Security Page 33 Section XIII Benefits Page 38 Section XIV Leaves of Absence Page 45 Section XV Separation From Employment Page 55 Receipt and Acknowledgement Page 57 - I - Employee Handbook — Rev. May 1, 2015 Section 1 A. Welcome Statement Introductory Policies WELCOME! It is our pleasure to welcome you to Southland Transit, Inc. ("STI" or the "Company"). STI is not just a company; it is a team of dedicated individuals all focused on providing the best community transit services. Many different skills and disciplines are required to achieve success, and the Company is committed to providing a safe and enjoyable working environment for its employees. People working together must have common goals and a spirit of cooperation. Our principal goal is to be the best at what we do. We want to help make your employment with the Company as enjoyable and rewarding as possible. In any organization, it is necessary to know what the Company does for you. You will find that this Employee Handbook explains what you may expect from the Company, as well as what will be expected from you. Therefore, it is important that you become familiar with the contents of the Employee Handbook. With that said, again, welcome to the Company! B. Introduction This Employee Handbook contains information about STI's employment policies and practices. We expect each employee to read this Employee Handbook carefully as it is a valuable reference for understanding your job and the Company. During your initial orientation, you will be given an opportunity to sit down and carefully review the Employee Handbook. This Employee Handbook supersedes all previously issued Employee Handbooks and inconsistent verbal or written policy statements. Except for the policy of at -will employment, which can only be changed by the President in writing, and such other policies as may be required by law, the Company reserves the right to revise, delete, and add to the provisions or policies described in this Employee Handbook at any time, as it deems necessary or appropriate in its discretion. All such revisions, deletions, or additions must be in writing and signed by the President. No oral statements or representations can change the provisions of this Employee Handbook. The benefits described herein are provided at the sole discretion of the Company and this Employee Handbook is not and should not be interpreted to be an assurance, promise or guarantee of an obligation to continue to provide such benefits. Furthermore, this Employee Handbook is not a substitute for the terms of any benefit plan. If there is at any time a conflict between this Handbook and the terms of such a benefit plan (which you are expected to read carefully), the terms of the benefit plan and not this Handbook will control. None of the Company's personnel documents or benefit plans constitute, or are intended to constitute, an express or implied contract guaranteeing employment or continued employment for any employee. IN ADDITION, THIS HANDBOOK IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN EMPLOYMENT CONTRACT FOR A SPECIFIED PERIOD OF TIME OR FOR TERMINATION ONLY FOR CAUSE. - 2 - Employee Handbook — Rev. May 1, 2015 No supervisor has any authority to enter into a contract of employment --express or implied --that changes or alters the at -will employment relationship. No part of this Employee Handbook may be reproduced in any form or by any electronic or mechanical means without written permission. Not all of the Company's policies and procedures are set forth in this Employee Handbook. We have summarized only some of them. If you have any questions or concerns about this Employee Handbook or any other policy or procedure, please ask your manager. If you lose your handbook or if it becomes damaged in any way, please notify Human Resources as soon as possible to obtain a replacement copy. C. At -Will Employment Employment at the Company may be terminated for any reason or no reason, with or without cause or notice, at any time by the employee or the Company. Nothing in this Employee Handbook or in any oral or written statement shall limit the right to terminate employment at will. No supervisor or employee of the Company shall have any authority to enter into an employment agreement --express or implied --with any employee providing for employment other than at -will. This policy of at -will employment is the sole and entire agreement between you and the Company as to the duration of employment and the circumstances under which employment may be terminated. With the exception of employment at will, all other terms and conditions of employment with the Company may be modified at the sole discretion of the Company with or without cause or notice at any time. No implied contract concerning any employment -related decision or term or condition of employment can be established by any other statement, conduct, policy, or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of the Company include, but are not limited to, the following: promotion; demotion; transfers; hiring decisions; compensation; benefits; qualifications; discipline; layoff or recall; termination; rules; hours and schedules; work assignments; job duties and responsibilities; production standards; subcontracting; reduction, cessation, or expansion of operations; sale, relocation, merger, or consolidation of operations; determinations concerning the use of equipment, methods, or facilities; or any other terms and conditions that the Company may determine to be necessary for the safe, efficient, and economic operation of its business. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the President. - 3 - Employee Handbook — Rev. May 1, 2015 Section 11 A. Employment Applications Starting the Employment Relationship The Company relies on the accuracy of information contained in the employment application, which must be completed by all prospective employees, as well as the accuracy of other data and information presented and gathered during the employment process. Any misrepresentation, falsification or material omission may result in the Company's exclusion of the applicant from further consideration for employment, or, if the person has been hired, termination of employment. B. Background Checks The Company recognizes the importance of maintaining a safe workplace with employees who are honest, trustworthy, qualified, reliable, and nonviolent, and do not present a risk of serious harm to their coworkers or others. Therefore, the Company reserves the right to investigate an individual's prior employment history, personal references, and educational background, as well as other relevant information that is reasonably available to the Company. C. Immigration Law Compliance The Company is committed to full compliance with federal immigration laws. Therefore, as a condition of employment, the Company is required to verify the identity and legal authority to work of all persons working for the Company. Each new employee must complete the Employment Eligibility Verification Form 1-9 and present documentation establishing identity and employment eligibility. Support documentation submitted as proof of eligibility of employment in the United States must be presented within the first three (3) days of employment. We are an E-Verify employer and follow all the rules and guidelines established by the Department of Homeland Security when verifying eligibility for employment. If an employee has provided right to work documentation that has an expiration date, updated documentation must be given to the Company before this expiration date. Per E-Verify guidelines, the company does not accept expired documentation at time of hire. All offers of hire and continued employment are conditioned on furnishing satisfactory evidence of identity and legal authority to work in the United States. D. Physical Examinations An applicant for employment may be required to take a job -related, pre -employment physical examination after receiving an offer of employment and before beginning his or her first day of work. The pre -employment physical examination includes a drug and alcohol screening. Every offer of employment is contingent on the applicant's successful completion of the physical examination. The pre -employment physical is provided by the Company at no cost to the applicant. - 4 - Employee Handbook — Rev. May 1, 2015 E. Reference Checks To ensure that individuals joining the Company are well qualified and have the potential to be productive and successful, the Company reserves the right to check the employment references of applicants. Offers of employment are contingent on the appropriate completion of a reference check. No references will be given concerning any present or past employee of the Company unless the Company has received a written request and a written release for such a reference. Only Human Resources may respond to a request for a reference. Generally, such response will only confirm the dates of employment and position held. All calls regarding current or former employees must be forwarded to Human Resources. No one other than Human Resources is authorized to disclose any information about current or former employees, including but not limited to compensation rate and other aspects of employment. - 5 - Employee Handbook — Rev. May 1, 2015 Section 111 A. Equal Employment Opportunity Discrimination And Harassment The Company is an equal employment opportunity employer and strives to comply with all applicable laws prohibiting discrimination based on race, color, religion, sex, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender (including gender identity and gender expression), sexual orientation, genetic characteristics or genetic information, as well as any other category protected by federal, state, or local laws. All such discrimination is unlawful and all persons involved in the operations of the Company are prohibited from engaging in this type of conduct. Equal employment opportunity will be extended to all persons in all aspects of the employer -employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, compensation, benefits, leaves of absence, discipline, layoff, recall, termination and other terms and conditions of employment. In accordance with applicable federal and state law protecting qualified individuals with known disabilities, the Company will attempt to reasonably accommodate those individuals unless doing so would create an undue hardship on the Company. Any qualified applicant or employee with a disability who requires an accommodation in order to apply for a job at the Company or perform the essential functions of the job should contact Human Resources and request an accommodation. The Company will engage in an interactive dialogue with the employee in an effort to determine whether reasonable accommodations can be made that will not result in undue hardship to the Company. You should report every instance of unlawful discrimination or harassment to your supervisor and/or Human Resources, regardless of whether you or someone else is the subject of the discrimination. Detailed reports --including names, descriptions, and actual events or statements made --will greatly enhance the Company's ability to investigate. Any documents supporting the allegations should also be submitted. Based on your report, the Company will conduct an investigation. Employees can raise concerns and make reports without fear of reprisal. The Company prohibits any and all retaliation for submitting a report of unlawful discrimination and for cooperating in any investigation. Any supervisor or employee who retaliates against the accuser or those involved in the investigation will be disciplined, up to and including discharge from employment. If the investigation determines that prohibited discrimination or other conduct violative of Company policy has occurred, the Company will take disciplinary action, up to and including termination of employment, against those who engaged in the misconduct. The Company will also evaluate whether other employment practices should be added or modified in order to deter and prevent that conduct in the future. The involved parties will be informed of the action(s) the Company takes to resolve and remedy the situation. B. Non -Harassment Policy The Company has a zero tolerance harassment policy and is committed to providing a work environment free from unlawful harassment. In accordance with applicable law, the Company prohibits unlawful harassment of any kind, whether verbal, physical or - 6 - Employee Handbook — Rev. May 1, 2015 visual, that is based on race, color, religion, sex, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender identity or expression, sexual orientation, genetic characteristics or genetic information, as well as any other category protected by federal, state, or local laws. All such harassment is unlawful and will not be tolerated. The Company's policy against harassment applies to all employees and independent contractors of the Company, including supervisors and managers. The Company will not tolerate harassment of employees or independent contractors by managers, supervisors, co-workers, clients, vendors, suppliers, independent contractors and others doing business with the Company. Violation of this policy will subject an employee to disciplinary action, up to and including termination. Additionally, under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act. 1. Sexual Harassment Defined Applicable state and federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to the conduct is made a term or condition of employment; or (2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile, or offensive working environment. This definition includes many forms of offensive behavior. The following is a partial list: a. Unwanted sexual advances; b. Offering employment benefits in exchange for sexual favors or threatening an employment detriment for an employee's failure to engage in sexual activity; c. Making or threatening reprisals after a negative response to sexual advances; d. Visual conduct such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters; e. Verbal conduct such as making or using derogatory comments, epithets, slurs, sexually explicit jokes, or comments about any employee's body or dress; f. Verbal sexual advances, propositions, requests or comments; g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, or invitations; h. Physical conduct such as touching, assault, or impeding or blocking movements; i. Retaliation for reporting harassment or threatening to report harassment; and % - Employee Handbook — Rev. May 1, 2015 Widespread sexual favoritism It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment by a supervisor, or harassment by persons doing business with or for the Company. 2. Other Types Of Harassment Prohibited harassment on the basis of race, color, religion, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender identity or expression, sexual orientation, genetic characteristics or genetic information, or any other protected basis, includes behavior similar to sexual harassment, such as: a. Verbal conduct such as threats, epithets, derogatory comments, offensive remarks, or slurs; b. Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures; c. Physical conduct such as assault, unwanted touching, blocking normal movement, threats, intimidation or other menacing behavior; and d. Retaliation for reporting harassment or threatening to report harassment. I Company's Complaint Procedure The Company's complaint procedure provides for an immediate, thorough, and objective investigation of any claim of unlawful or prohibited harassment, appropriate disciplinary action against one found to have engaged in prohibited harassment, and appropriate remedies for any victim of harassment. A claim of harassment may exist even if the employee has not lost a job or some economic benefit. All employees are responsible for helping to assure a workplace free from prohibited discrimination or harassment. If an employee or independent contractor feels he/she has been subjected to any form of harassment or discrimination, the employee should firmly and clearly tell the person engaging in the harassing and/or discriminating conduct that it is unwelcome, offensive, and should stop at once. The employee should also provide a written or verbal complaint to his/her supervisor and/or Human Resources, or any member of senior management, including the President of the Company, as soon as possible. These are the individuals who are authorized by this policy to receive and act upon reports or complaints of harassment or discrimination on behalf of the Company. This policy does not require reporting harassment to any supervisor or manager who may be creating the harassment. The complaint should be as detailed as possible, including the names of individuals involved, the names of any witnesses, direct quotations when language is relevant, and any documentary evidence (notes, pictures, cartoons, et cetera). All complaints of unlawful harassment will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. - 8 - Employee Handbook — Rev. May 1, 2015 Applicable law also prohibits retaliation against any employee for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a governmental enforcement agency. Additionally, the Company will not knowingly permit any retaliation against any employee who complains of prohibited harassment or who participates in an investigation. All incidents of prohibited harassment that are reported will be investigated. The Company will immediately undertake or direct an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the reported harassment will be made and communicated to the employee who complained and to the accused harasser(s). If it is determined prohibited harassment has occurred, the Company will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. Whatever action is taken against the harasser will be communicated to the employee who complained. Employees should refer to the California Department of Fair Employment & Housing's information sheet (DFEH #185) on sexual harassment that describes employee rights and remedies under state law. Copies of this pamphlet have been given to all employees. 4. Liability For Harassment Any employee of the Company, whether a coworker or supervisor, who is found to have engaged in prohibited harassment is subject to disciplinary action, up to and including discharge from employment. The contract of any independent contractor is subject to termination for violation of this policy. Further, any supervisor or manager who knew about harassment and took no action to stop it or failed to report the harassment to Human Resources may also be subject to discipline, up to and including discharge. The Company does not consider conduct in violation of this policy to be within the course and scope of employment or the direct consequence of the discharge of one's duties. C. Manager Training As part of the Company's commitment to provide a harassment free workplace, the Company provides and requires training for all managers and supervisors on sexual and all other forms of prohibited harassment, and abusive conduct in the workplace, at least once every two years. While it is nearly impossible to prevent all employee conflict in any business, we believe that training our management staff on how to recognize and prevent harassment goes a long way to eliminating it in the workplace altogether. - 9 - Employee Handbook — Rev. May 1, 2015 Reasonable Accommodation for Section IV Disabilities, Pregnancy, & Lactation A. Disability Accommodation The Company will make reasonable accommodations for the known physical or mental disabilities of an otherwise qualified applicant for employment or employee, unless undue hardship to the Company would result. Any applicant or employee who requires accommodation in order to perform the essential functions of a job should contact their supervisor and/or Human Resources. The applicant or employee should advise the Company what accommodations he or she believes are needed in order to perform the job. Together with the applicant or employee, the Company will engage in an interactive process to determine effective, reasonable accommodations, if any. If such an accommodation is possible and will not impose undue hardship on the Company, the Company will make the accommodation. The Company also reserves the right to require an employee to undergo a fitness -for - duty medical examination, at the Company's expense, if the Company believes or suspects that the employee may not be able to perform the essential duties of the job or may not be able to perform the essential duties of the job without risk of harm to him/herself or others. In such an instance, the Company will so advise the employee, in writing, of the need for the examination. Depending on the situation, the Company reserves the right to suspend employment pending the results of the examination. B. Pregnancy Accommodation A pregnant employee may request a reasonable accommodation of her condition on presentation of a doctor's written certification attesting that the accommodation request is on the doctor's advice. Such an accommodation may include, but is not limited to, a transfer to a less strenuous or hazardous position. If such a transfer can be reasonably accommodated and does not impose an undue hardship on the Company, a pregnant employee will be transferred for the duration of her pregnancy. However, the Company need not undertake to create additional employment that the Company would not otherwise have created to meet its own business needs, nor will the Company be required to discharge any employee, transfer any employee with more seniority than the pregnant employee, or to promote any employee who is not qualified to perform the job. On transfer, an employee will receive the salary and benefits which are regularly provided to employees in the position to which the employee has transferred. The Company need not make an accommodation that is an undue hardship on the Company. C. Lactation Accommodation Employees who wish to express breast milk at work may request a reasonable accommodation to do so. The Company will provide a reasonable amount of break time to accommodate an employee to express breast milk for the employee's infant child. If possible, such break time will run concurrently with the break time already provided. Any other break time will be unpaid. If the employee requiring a lactation break does not normally work in an area that can be made private, the Company will make reasonable efforts to provide the use of a room or other nearby location to express milk in private. - 1 0 - Employee Handbook — Rev. May 1, 2015 Section V Communication and Problem Solving The Company does not prohibit relatives, spouses, and domestic partners from applying for job openings. However, such relatives, spouses, and domestic partners will not be given priority or preference over other applicants. Should a relative, spouse or domestic partner of an employee be hired, he or she may not supervise or be supervised by his or her relative, spouse or domestic partner, or be placed in a position that may cause difficulties for supervision, safety, security, or morale, or create a potential conflict of interest. B. No Solicitation Policy To avoid interruption of employee work and protect employees from unnecessary annoyance, it is necessary to prohibit solicitations and distribution of literature on working time and in work areas. Therefore, no employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom the activity is directed. No employee shall distribute or circulate any written or printed material in work areas at any time, during his or her working time, or during the working time of the employee or employees at whom the activity is directed. Further, under no circumstances will non -employees be permitted to solicit or distribute written materials for any purpose on Company property. Distribution of literature in working areas is prohibited at all times. Employees are advised to refrain from soliciting for a children's fund raising event such as, but not limited to, a child's school, boys and girls clubs, etc. on work time or in work areas. In addition, employees are advised to refrain from selling any food or other goods on work time or in work areas. The Company will not be held responsible for any lost, stolen or damaged goods, and Company disclaims any and all liability for any damages or claims arising from such solicitation or sale of food or goods. Employees are not obligated to purchase from these or any other organizations. Working time does not include rest breaks and meal periods, off duty hours, or other periods during the work day when employees are properly not engaged in performing their work tasks. C. Open -Door Policy The Company recognizes that employees will have suggestions for improving the workplace, as well as complaints about the workplace. The most satisfactory solution to a job -related problem or concern is usually reached through prompt discussion. Employees are encouraged to see their supervisor or manager with questions or problems relating to their job. Employees also can talk over matters of concern directly with Human Resources. If an employee does not feel comfortable contacting his/her manager or Human Resources, he/she may write out his/her suggestion and/or complaint and submit them - 11 - Employee Handbook — Rev. May 1, 2015 either anonymously or not in one of the suggestion boxes located throughout the facility. However, suggestions and/or complaints received anonymously will not allow management to provide you with feedback. While the Company provides you with this opportunity to communicate your views, please understand that not every complaint can be resolved to your satisfaction. Even so, the Company believes that open communication is essential to a successful work environment and all employees should feel free to raise issues of concern without fear of reprisal. - I2 - Employee Handbook — Rev. May 1, 2015 Section VI A. Confidentiality And Non -Disclosure Confidentiality and Conflict of Interest The Company has a vital interest in protecting its employees, their property and the property of the Company. Proper security depends on the cooperation of the entire workforce. Accordingly, all employees are asked to comply with the Company's confidentiality and non -disclosure policies. Any breach of these policies should be reported promptly to your manager. Information about the Company, its contracts and its employees, passengers, suppliers and vendors is to be kept confidential and divulged only to individuals within the Company with both a need to receive and authorization to receive the information. This does not pertain to employees disclosing or discussing their own wages or salaries as well as working conditions with others. If in doubt as to whether information should be divulged, err in favor of not divulging information and discuss the situation with your manager. The protection of the Company's property is vital to the interests and success of the Company. Company property includes not only tangible property, such as equipment, but also intangible property, such as information. Of particular importance is proprietary and confidential information obtained by the Company employees during the course of their work. Confidential information is any information not known generally to the public or the industry. Confidential information obtained during or through employment with the Company may not be used by any employee for the purpose of furthering current or future outside employment or activities or for obtaining personal gain or profit. The Company reserves the right to avail itself of all legal or equitable remedies to prevent impermissible use of confidential information or to recover damages incurred as a result of the impermissible use of confidential information. B. Conflicts Of Interest Employees are required to avoid any conflict of interest during his or her employment by the Company. Any involvement that conflicts with an employee's duties or responsibilities or affects the employee's judgment in making a decision affecting the Company will be considered a conflict of interest. This includes any direct or indirect business, management or financial interest or activity, whether or not for compensation, in any business or entity that is a competitor, client, supplier or vendor of the Company. Employees may engage in or have outside businesses, personal interests or activities that do not constitute a conflict of interest with their employment at the Company. The Company requires that these activities or interests do not adversely affect an employee's capacity to perform his or her job duties or result in conflicting loyalties. C. Outside Jobs The Company has no objection to you holding another job as long as you can effectively meet the performance standards for your position with the Company and disclose the - 13 - Employee Handbook — Rev. May 1, 2015 second job to the Company. The Company asks that you think seriously about the effects that such extra work may have on the limits of your endurance, your overall personal health, and your effectiveness with the Company. The Company will hold all employees to the same standards of performance and scheduling demands and cannot make exceptions for employees who also hold outside jobs. If the Company determines an employee's outside job interferes with his or her performance or ability to meet the Company's requirements, the employee may be required to elect between terminating their outside employment or terminating their employment with the Company. An employee may not, during employment with the Company, work for a competitor of the Company without written approval. - 14 - Employee Handbook — Rev. May 1, 2015 Section V11 Payroll Practices A. Employee Status 1. Training Employees Training employees are those who are training for their position with the Company and have not yet been scheduled regular hours. Training employees are not eligible for employer -sponsored benefits, except those required by law. 2. Regular Full -Time Employees For purposes of eligibility for health benefits, regular full-time employees are those who work at least 30 hours per week and who have completed (1) a 30- day orientation period after the date of hire, and (2) a 30-day waiting period immediately thereafter. Such employees are eligible for health benefits as of the first of the month following the 30-day waiting period. 3. Regular Part -Time Employees Regular part-time employees are those who work less than 30 (thirty) hours per week. Part-time employees may be assigned a work schedule in advance or may work on an as -needed basis. 4. Non -Exempt Employees Non-exempt employees are those who are subject to the provisions of federal and state law requiring the payment of overtime. The Company will pay non- exempt employees overtime pay in accordance with state and federal law. You will be advised of your employee status at the time of hire, promotion or transfer. Since all employees are hired for an unspecified duration, assignment to any of these classifications does not guarantee employment for any specific length of time. Regardless of classification, your employment with the Company is at will. Accordingly, either you or the Company can terminate the employment relationship at will, at any time, without cause or notice. 5. Salaried, Exempt Employees Exempt employees are those whose job assignment meets the federal and state requirements for overtime exemption. Exempt employees include salaried professional, executive, and administrative employees. Exempt employees' salary will not be reduced for partial weeks of work due to service in the military or for lack of work. Salaried, exempt employees are expected to demonstrate the level of commitment appropriate to their job classification. The Company will consider any failure to display such commitment when evaluating an employee's performance and when considering matters such as pay increases and opportunities for advancement. 15 - Employee Handbook — Rev. May 1, 2015 B. Orientation Period The first thirty (30) days of continuous employment will be a learning experience. You will learn your job duties and responsibilities, get acquainted with your supervisor and fellow employees, and familiarize yourself with the Company in general. We refer to this initial period of employment as your "orientation period." However, certain positions within the Company may require a period of training that exceeds the initial orientation period. While we understand that you will be learning a lot about your new job, you are still expected to perform satisfactorily and your performance will be reviewed closely. Also, please understand that completion of the orientation period does not guarantee continued employment and does not change the at -will nature of the employment relationship. On satisfactory completion of the orientation period, the employee's performance will be reviewed. Please note that completion of the orientation period does not guarantee continued or long term employment. All employees remain at will both during and after the orientation period and the Company may terminate employment at any time, with or without cause. C. Anniversary Date An employee's anniversary date shall be the employee's date of hire. The Company will use employee's anniversary date to calculate PTO accrual. D. Reporting Pay The Company will pay you for one half ('/2) of your regularly scheduled workday, not to exceed four (4) hours pay, or two (2) hours at your straight time pay rate, whichever is greater, if you report to work and are not put to work or are given less than half the usual or scheduled day's work. The Company will not pay you for reporting to work under the following circumstances: 1. The interruption of work is due to the failure of any public utility; 2. The interruption of work is due to an act of God or other cause not within the Company's power to control; 3. Operations cannot begin due to threats to the Company or the Company's property, or when recommended by civil authority; 4. To employees on a paid standby status, called to work at times other than their usual shift; and 5. If you show up to work unfit to perform your regular work duties. E. Payroll Deductions State and federal laws require the Company to make the proper deductions on your behalf. Amounts withheld vary according to how much you earn, your marital status, and the number of your exemptions. Required deductions include: (1) Social Security (FICA); (2) Medicare; (3) federal income tax; (4) state income tax; (5) State Disability - 16 - Employee Handbook — Rev. May 1, 2015 Insurance (SDI); and (6) Paid Family Leave (PFL). Voluntary deductions for the employee portion of health insurance premiums, or other voluntary benefits, will be made on an employee's written authorization. F. Payment of Wages Wages will be paid every other Friday for the work performed between the previous two designated workweeks. In the event a regularly scheduled payday falls on a holiday, employees will be paid the prior workday. If there is an error in your check, please report it immediately to your supervisor. Failure to do so may result in disciplinary action, including but not limited to termination. No one other than the employee to whom the paycheck is written will be allowed to pick up a paycheck unless written authorization has been given for another person to do so. G. Requests For Payroll Records The Company will provide an employee or former employee with copies of his or her payroll records within twenty-one (21) days of his or her submission of a written request to their manager or Human Resources. H. Reimbursement of Business Expenses The Company will reimburse employees for reasonable, pre -approved business expenses incurred in connection with the performance of the employee's duties. Employees should promptly submit expense reports detailing the business -related expenses and must obtain prior consent before incurring any business -related expense. I. Wage Overpayment/Underpayment The Company takes all reasonable steps to ensure employees receive the correct amount of pay in each paycheck and are paid promptly in full on the scheduled paydays. In the unlikely event there is an error in the amount of your pay, you should promptly bring the discrepancy to the attention of your supervisor so corrections can be made as quickly as possible. Failure to immediately report any discrepancy in your paycheck may result in disciplinary action, including but not limited to termination of employment. If the Company determines you have been underpaid, the Company will pay you the difference. If the Company determines you have been paid in excess of what you earned, you can either repay the Company or consider the overpayment an advance of future wages payable. The Company will ask you to sign an authorization to deduct the excess (in whole or in part) from the next available paycheck(s) until the overpaid amount has been fully repaid. No employee is entitled to retain any pay in excess of the amount he or she has earned according to the agreed -on rate of pay. Failure to report any discrepancy in your paycheck may result in disciplinary action, including but not limited to termination of employment. No deduction will cause any employee to earn less than the current minimum wage. Deductions will not be made from final paychecks. 1 % - Employee Handbook — Rev. May 1, 2015 I Wage Garnishments The Company will adhere to legally imposed wage assignments and garnishments and will not modify the terms of those legal arrangements unless ordered to by a court. K. Advances The Company does not provide payroll advances, extend credit or offer loans to employees. - 1 g - Employee Handbook — Rev. May 1, 2015 Section V111 A. Business Hours and Schedule Hours of Operation and Work Schedules The Company's designated workweek begins at 12:01 a.m. on Saturday and ends at midnight the following Friday. You will be assigned a work schedule and you will be expected to begin and end work according to the schedule. To accommodate the needs of our business, it may be necessary to change individual work schedules on either a short-term or long-term basis. All employees are responsible for knowing their schedule and working the hours assigned. Employees must check the schedule regularly for any changes. Exchanging work schedules with other employees is discouraged. However, if it is necessary to exchange schedules, both employees' supervisors must be notified and must approve the change. Schedules will not be exchanged if the exchange will result in disruption or interference with the Company's normal operations, or will result in overtime. B. Meal And Rest Periods Non-exempt employees are entitled to a 30-minute unpaid duty-free meal period for every work period of more than five (5) hours, to be taken before or at the end of the five hour period. However, if six (6) hours of work will complete the day's work, the employee may voluntarily choose not to take the meal break with the consent of his or her supervisor. A second meal break is available for employees working more than ten (10) hours in a workday. An employee may waive the second meal break if (i) the total hours worked on that workday is not more than twelve (12); (ii) there is mutual consent of the employer and the employee; and (iii) the first meal break of the workday was not waived. Non-exempt employees are also authorized and permitted to take a paid ten (10) minute break for every four (4) hours of work (or majority thereof). Rest breaks should occur as near as possible to the middle of the work period. Rest breaks cannot be combined with your meal period. Nor can employees use rest breaks to come in late or leave early. If a non-exempt employee feels they are not being provided an opportunity to take a meal or rest break in accordance with this policy, they should inform their supervisor immediately. Your supervisor will schedule your break and meal periods. An employee who refuses to take their meal period may be subject to discipline, up to and including termination of employment. By signing each time record, all non-exempt employees certify that they were advised of their right to rest and meal breaks and that they took all rest and meal breaks to the extent required by law. - 19 - Employee Handbook — Rev. May 1, 2015 C. Time Records Time records are the Company's way of making sure employees are paid correctly. All employees, exempt and non-exempt, are required to submit a signed time card, or in the case of employees who are drivers, a trip sheet, for each pay period. Non-exempt employees must record the time work begins and ends, as well as the beginning and ending time of each meal period. Non-exempt employees must also record any departure from work for any non -work -related reason. Non-exempt employees should not report to work prior to their scheduled starting time nor stay after their scheduled stop time, or work any overtime without authorization from their supervisor. Exempt employees are required to record their time worked and must report absences from work for reasons such as vacation or personal business. All employees must make sure that personal days off, leaves, and holidays are correctly recorded on their time card. It is your responsibility to sign your time record or trip sheet, as the case may be. When you do so, you will be certifying the accuracy of all time recorded and non-exempt employees will also be certifying they took all required meal and break periods to the extent required by law. Any errors in your timecard or trip sheet should be reported immediately to your supervisor. The Company will attempt to correct legitimate errors. Altering, falsifying, and tampering with time records, trip sheets, or recording time on another employee's time record, is prohibited and subject to disciplinary action, up to and including termination of employment. D. Accuracy Of Time It is the Company's goal to ensure that all employees are properly paid for all of their work. Therefore, it is every employee's responsibility to examine their paycheck and paycheck stub to ensure they are being properly paid for all work time and that the paycheck and pay stub are accurate. If an employee believes they are not being properly paid for all their work, the employee must immediately inform their supervisor. Additionally, employees may not work "off the clock." If anyone asks you to work "off the clock," you must immediately bring this issue to your supervisor, Human Resources, or management. No employees are permitted to work "off the clock" at any time. For the purposes of this policy, "off the clock" work is where an employee works for the Company but does not accurately record their time in the Company's approved time record. Only an employee's manager is authorized to change an employee's time record to accurately reflect the employee's actual work hours. Employees should initial all such changes to confirm the revised time accurately reflects the hours worked. It will be presumed the Company is accurately compensating an employee, unless the employee brings a complaint pursuant to this policy in a manner that is timely. "Timely" is defined as 72 hours from receipt of your payroll check. - 20 - Employee Handbook — Rev. May 1, 2015 E. Overtime The Company may request employees to work beyond their normal shift from time to time. Although employees will be given advance notice where feasible, this is not always possible. Employees must have prior approval from their supervisor or manager before any overtime can be worked. Non -approved overtime will be paid, but may result in discipline, up to and including termination. The Company will pay overtime as required by applicable federal and state law as follows: Non-exempt employees who regularly work an eight (8) hour daily shift will be paid at the rate of one and one half (1'/2) times their regular rate of pay for hours worked over forty (40) hours in a work week or eight (8) in a workday. In addition, the Company will pay one and one half (1'/2) times the employee's regular rate of pay for the first eight (8) hours worked by the employee on his or her seventh consecutive day of work in a work week. Work performed in excess of twelve (12) hours per day and after eight (8) hours on the seventh consecutive day worked will be paid double the employee's regular rate of pay. Non-exempt employees who regularly work a ten (10) hour daily shift pursuant to an authorized alternative work week scheduled will be paid 1'/2 times their regular rate of pay for hours worked over forty (40) hours in a work week or ten (10) hours in a workday. Work performed in excess of twelve (12) hours per day will be paid double the employee's regular rate of pay. Drivers of commercial vehicles requiring a commercial driver license are not eligible for daily overtime, but are eligible for overtime for hours worked over forty (40) in a work week. Please see your supervisor if you have any questions regarding overtime. Holidays and Personal Time Off which is paid, but not worked, is not included in calculating overtime. The Company does not permit employees to take time off in lieu of receiving overtime pay. Exempt employees may have to work hours beyond their normal schedule, but will not be paid overtime. - 21 - Employee Handbook — Rev. May 1, 2015 Section IX Personnel Records A. Health Insurance Portability And Accountability Act (HIPAA) The Health Insurance Portability and Accountability Act (HIPAA), a federal law, is designed to protect the privacy of an individual's medical information. The Company complies with HIPAA to the extent it is applicable. The Company follows the HIPAA standards for non -covered entities which sponsor group health plans. You will receive a HIPAA Notice of Privacy Rights. If at any time, you have any questions about HIPAA, please contact the individual designated in the Notice of Privacy Rights. B. Personnel Records The Company keeps a personnel file on each employee. The personnel file contains such information as the employee's job application, records of training, performance appraisals, and records of salary increases. The contents of an employee's file, except for pre -employment materials and certain other limited kinds of information, are open for his or her inspection, within 30 days of a written request. An employee may make copies of anything in his or her file that has been signed by them, provided the employee/former employee pays the actual cost of copying. Employees/former employees must complete the Personnel File Inspection / Copy Form and provide it to Human Resources if they wish to review or copy their personnel file. Personnel files may only be reviewed in the presence of a designated Company representative. Personnel files are the property of the Company and access to the information they contain is restricted. Generally this information is only available to those in management who have a legitimate need for the information. The Company will keep employee personnel records confidential. Any request for information from a personnel file must be directed to Human Resources. Only Human Resources is authorized to release information about current or former employees. There are certain times when information may be given to persons outside of the Company. These include: 1. Responses to subpoenas, court orders, or orders of administrative agencies; 2. In a lawsuit in which an employee and/or the Company are parties; 3. To administer employee benefit plans; and 4. To a health care provider. - 22 - Employee Handbook — Rev. May 1, 2015 C. Personnel Data Changes It is the responsibility of each employee to promptly notify the Company of any changes in his or her personnel data. An employee's personal mailing address, telephone number, number and names of dependents, and emergency contact, should be kept accurate and current. Moreover, to ensure the Company can notify you when necessary, you must provide an address where the Company can reach you (not a Post Office or P.O. Box). If any personnel data has changed, employees must notify either their manager or Human Resources immediately. - 23 - Employee Handbook — Rev. May 1, 2015 Section X A. Work Assignments Job Duties and Performance From time to time, an employee may be asked to work on special projects or to assist with other work necessary or important to the operation of his or her department or the Company. Cooperation and assistance in performing such additional work is expected. The Company reserves the right, at any time, with or without notice, to alter or amend an employee's job description, to reassign or transfer job duties, or to assign additional job responsibilities. As part of your initial orientation, you will learn the various duties and responsibilities of your job. The Company maintains certain expectations and standards applicable to your job position. Your manager will review these with you. It is expected that employees will perform additional duties and assume additional responsibilities as needed for the efficient operation of the Company. In order to adjust to changes in our business, it may become necessary to add to or remove certain duties and responsibilities, or to reassign you to an alternate job position. Employees are expected to cooperate in this regard. C. Performance Evaluations Employees are strongly encouraged to discuss job performance and goals on an informal, ongoing basis. Evaluations will usually be conducted by your manager. The frequency of performance evaluations may vary depending on length of service, job position, past performance, changes in job duties or recurring performance problems. The purpose of any evaluation is to let the employee and the Company review the employee's job tasks, encourage and recognize employee strengths, identify and correct weaknesses, and to set future performance goals and methods for meeting these goals. The evaluation may include a review of factors such as the quality and quantity of work, job knowledge, initiative, work attitude, and attitude towards others. Evaluations will be reviewed in a private meeting between the employee and their manager. The employee will be allowed to see and comment on the evaluation, sign the form to show that it has been read and discussed, and receive a copy. The employee is encouraged to ask questions and comment on the evaluation. Performance evaluations will not necessarily result in a salary increase or promotion. The timing and amount of such increases and promotions will be determined by the Company and will be based on individual merit. - 24 - Employee Handbook — Rev. May 1, 2015 Section XI A. Employee Conduct Employee Conduct and Work Rules Whenever people are required to work together for any purpose, they need certain guidelines to govern their personal conduct and relations. The Company considers work rules to be an important responsibility. They are a necessary part of managing the business so employees can be treated fairly and work safely and effectively. These rules apply to all employees. You may receive disciplinary action in the form of verbal warnings, written warnings, or suspension, or you may be immediately discharged from your employment as the Company is an at -will employer. Examples of impermissible conduct which may lead to disciplinary action are identified below to promote understanding of what is considered unacceptable conduct and to encourage consistent action by the Company in the event of violations. However, it is impossible to provide an exhaustive list of types of conduct that may result in disciplinary action. The following list, therefore, contains only some examples of conduct that may lead to the imposition of discipline, up to and including termination. 1. Falsification of employment records, employment information, or other records. 2. Recording the work time of another employee, allowing any other employee to record your work time, or allowing falsification of any time card, whether your own or another employee's. 3. Theft or damage of any Company property or the property of any employee or client. 4. Removing or borrowing Company property without prior authorization. 5. Unauthorized use of Company equipment, time, materials, or facilities. 6. Working with alcohol or illegal substances in your system or any violation of the Company's policy on drugs and alcohol. 7. Possessing, distributing, selling, transferring, using, or having alcohol or illegal drugs in your system while in the workplace or in Company vehicles. 8. Provoking or participating in a fight or fighting during working hours or on premises owned or occupied by the Company. 9. Provoking or participating in horseplay or practical jokes on the Company's time or on premises owned or occupied by the Company. 10. Possession of firearms or any other dangerous weapons, at any time, on premises owned or occupied by the Company or in company vehicles. 11. Engaging in illegal conduct which is detrimental to the reputation of the Company, whether or not related to job performance. - 25 - Employee Handbook — Rev. May 1, 2015 12. Insubordination, including, but not limited to, failure or refusal to obey the orders or instructions of any supervisor or member of management, the use of threatening language toward any supervisor or member of management, or refusal to fully disclose information in the course of Company investigations. 13. Using profane, hostile, or abusive language towards an employee or customer at any time during working hours or while on premises owned or occupied by the Company. 14. Failing to personally notify the Company when unable to report to work. 15. Failure to report to work and notify management of the absence for two (2) consecutive scheduled workdays. 16. Failing to obtain permission to leave work for any reason during normal working hours, with the exception of unpaid meal periods. 17. Failing to observe working schedules, including meal periods. 18. Failing to provide a physician's certificate when requested or required to do so. 19. Sleeping or malingering on the job. 20. Working overtime without authorization or refusing to work assigned overtime. 21. Violating any safety, health, or security policy, rule, or procedure of the Company. 22. Failing to maintain the confidentiality of proprietary information or Company trade secrets or engaging in direct competition with the Company. 23. Engaging in unlawful harassment or discrimination. 24. Failing to comply with the Company's policies, including the policies in this Employee Handbook. The Company does not have a formal progressive discipline policy requiring a set number of warnings or counseling sessions. Instead, each case is considered based on its own facts. Any misconduct or violation of the Company's policies may result in discipline, up to and including termination. This statement of prohibited conduct does not alter or limit the Company's policy of employment at will. Either you or the Company may terminate the employment relationship at any time for any reason, with or without cause or without notice. B. Cell Phone Safety While Driving In the interest of the safety of our employees and others, employees are prohibited from using cell phones, text messaging, and/or emailing while driving on Company business and/or Company time. Under no circumstances shall employees make phone calls, text message, or email while driving on Company business and/or Company time. - 26 - Employee Handbook — Rev. May 1, 2015 If an emergency arises and the employee must use their cell phone while in a Company vehicle, the employee must pull over and park the vehicle before doing so. Employees who violate this policy are subject to disciplinary action, up to and including termination. This policy does not apply in the event an employee needs to use a cell phone in the case of an emergency or to contact a law enforcement agency. C. Telephones and Personal Cell Phones It is important to keep the Company's telephone lines free for client and passenger calls. Occasional use of the Company's telephones for a personal emergency may be necessary, but routine personal calls should be kept to a minimum. In order to ensure that telephone calls are handled in a professional and businesslike manner and to promote employee efficiency, the Company may monitor employee telephone calls. Therefore, employees should have no anticipation of privacy for either incoming or outgoing calls made on Company -provided telephone equipment. Use of personal cell phones at work interferes with the efficient operations of the Company and is distracting to others. Absent a true emergency, employees may not use personal cell phones during the employee's work hours. Employees are also prohibited from using the text messaging and photography features of cell phones during these times. Personal cell phones must be kept in the "silent" position (vibrate position is not allowed) and should be kept in employees' desk drawer, purse or pocket, and used only during rest breaks and meal periods. Employees may not use their personal cell phone to conduct Company business unless specifically authorized. The Company maintains ZERO TOLERANCE for drug and alcohol abuse by its employees. Illicit drug use and indiscriminate alcohol consumption puts everyone at risk and cannot be tolerated. In keeping with our efforts to promote health and safety and protect the interests of our employees, clients, passengers, and the Company, the Company strictly prohibits the use, possession, sale, manufacture, or purchase of alcohol, illegal drugs, intoxicants, or controlled substances at any time on Company premises, in Company vehicles, or while on Company business. Furthermore, employees are prohibited from being under the influence of, or having in their system, alcohol, illegal drugs, intoxicants or controlled substances during working time or while operating company vehicles. 1. Prohibited Acts The following rules and standards of conduct apply to all employees. The following acts are strictly prohibited by the Company and will be grounds for immediate termination: a. Possession, use, or having alcohol or an illegal drug intoxicant, or controlled substance in your system while on the job or on Company -owned or occupied premises, or in Company vehicles; 27- Employee Handbook — Rev. May 1, 2015 b. Driving a Company vehicle, or driving any vehicle on Company business, while having alcohol or an illegal drug, intoxicant, or controlled substance in your system; c. Distributing, selling, manufacturing, or purchasing --or attempting to distribute, sell, manufacture, or purchase --an illegal drug, intoxicant, or controlled substance during working hours or while on Company -owned or occupied premises or in Company vehicles; d. Testing positive on a required or requested drug or alcohol test or screen; e. Refusing either to take or to release information regarding a required or requested drug or alcohol test or screen; and f. Violating any Company rule or policy regarding alcohol and drug use. 2. Testing Program The Company may require drug and/or alcohol testing: a. After an offer of employment, but before the applicant commences employment; b. When a reasonable suspicion exists that any employee has alcohol or any illegal drug, intoxicant, or controlled substance in his or her system while on the job, or is otherwise in violation of this policy. Reasonable suspicion means suspicion based on information regarding, among other things, the appearance, behavior, speech, attitude, mood, and/or breath odor of any employee; c. When any employee is found in possession of alcohol or any illegal drug, intoxicant, or controlled substance in violation of Company policy, or when any of those items are found in an area controlled or used by the employee; d. When an accident, near -miss, or incident occurs in which safety precautions are violated or careless acts are performed, and a reasonable suspicion exists that the employee involved has alcohol or any illegal drug, intoxicant, or controlled substance in his or her system; e. When a work injury is reported; f. After any employee has participated in a rehabilitation program; and g. When required by a state or federal law or regulation. Employees suspected of possessing alcohol, illegal drugs, intoxicants, or controlled substances are subject to inspection and search, with or without notice. Employees' personal belongings, including any bags, purses, briefcases, and clothing, and all Company property, are also subject to inspection and search, with or without notice. Employees who violate the Company's drug and alcohol policy will be removed from the workplace immediately. The Company may also bring the matter to the attention of appropriate law enforcement authorities. Any conviction for criminal conduct involving illegal drugs, - 28 - Employee Handbook — Rev. May 1, 2015 Q F. intoxicants, or controlled substances, whether on or off duty, or any violation of the Company's drug and alcohol policy, including having a positive drug test result or refusing to take the test will be grounds for immediate termination. Any employee's conviction on a charge of sale, distribution, manufacturing --or attempted sale, distribution, or manufacturing --or possession of any controlled substance while off Company property will not be tolerated because that conduct, even though off duty, reflects adversely on the Company. In addition to reflecting adversely on the Company, the Company must keep people who are involved with illegal drugs, intoxicants, and controlled substances off premises owned or occupied by the Company in order to keep those substances off the premises. Employees found to be involved as such will be subject to immediate termination. Any employee who is using prescription or over-the-counter drugs that may impair his or her ability to safely perform the job or may affect the safety or well- being of others must submit a physician's statement that the prescription drug use will not affect job safety. The employee is not required to identify the medication or the underlying illness. Various federal, state, and local laws protect the rights of individuals with disabilities and others with regard to the confidentiality of medical information, medical treatment, and the use of prescription drugs and substances taken under medical supervision. Nothing contained in this policy is intended to violate or interfere with individual rights under these laws. Employees who violate over-the-counter or prescription notification are subject to disciplinary action, up to and including termination. It is essential employees comply fully with this policy and the Company's other guidelines regarding substance abuse. The Company's Drug and Alcohol Policy is further set forth in a separate document and is distributed to and reviewed with employees during training. Please refer to that separate document for further information and contact your supervisor or manager if you have any questions. Smoking As part the Company's efforts to provide a safe and healthy workplace, smoking cigarettes and/or electronic cigarettes is allowed in designated areas only. Smoking within the facility is strictly prohibited. Smoking is prohibited in ALL Company vehicles. Employees who smoke may do so only on their meal and rest breaks and only outside of the Company's offices. Employees smoking in any non-smoking area may be subject to disciplinary action, up to and including termination. Please contact your supervisor if you have any questions regarding this policy. Dress And Grooming Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image that the Company presents to others. Employees are expected to report to work well-groomed, clean and dressed appropriately in designated uniform (uniform shirts are provided for all departments, - 29 - Employee Handbook — Rev. May 1, 2015 excluding Office Administration). Your attire should be appropriate for your position, roles and responsibilities. Clothing should be professional, neat, clean, tasteful and in good repair. Wrinkled, torn, dirty, worn out or overly revealing clothing is unacceptable. All seams must be finished. Any clothing that has words, terms or pictures that may be offensive is unacceptable. Hair should be clean, combed and neatly trimmed or arranged. All employees will maintain good hygiene and grooming standards. Excessive jewelry, make-up, hairstyles, and body piercings are not permitted while on duty. Employees may dress casually, but may not wear undershirts, sweat pants, pajama -like pants, swim wear, or flip-flops. Pants must be worn at the waist and fit appropriately. If pants are loose at the waist, a belt must be worn. Men's shirts must have a collar. The following is not permissible: • Shorts shorter than 4" above the knee • Hats, stocking caps, caps with logos • Tank tops and/or spaghetti straps or tube tops • Bare backs or midriffs • Distracting or revealing clothing • Skirts / dresses revealing more than 4" above the knee • Low cut or revealing outfits • See through clothing • Sweat pants • Flashy or "loud" clothing • Clothes that are too transparent or too tight • T-shirts without a collar • Excessively long fingernails • Overly strong perfume or lotion Employees should consult with their supervisor or manager if they have any questions as to what constitutes appropriate attire. Employees who are not dressed in proper attire may be sent home to change, and they will not be compensated for the time away from work. Violations of this policy may result in disciplinary action, up to and including termination. - 30 - Employee Handbook — Rev. May 1, 2015 The Company will consider reasonable accommodations for employees who would be non -compliant with the Dress & Grooming Policy as part of their religious practices (e.g., religious head coverings). G. Attendance To maintain a safe and productive work environment, the Company expects you to report to work on a reliable and punctual basis. Excessive unexcused absenteeism, early departures from work, and late arrivals burden your fellow employees and the Company. If you cannot avoid being late to work or are unable to work as scheduled, you must notify your supervisor or manager a minimum of 2 hours prior to the start of your shift. If you are unable to reach your supervisor, you must contact dispatch or the person designated by your contract and inform them of your status. Every time you are absent or late, or leave early, you must provide an honest reason or explanation. You must also inform the Company of the expected duration of any absence. If the expected duration of your absence is unknown, you must call in each day. The Company will comply with applicable laws relating to time off from work, but it is your responsibility to provide sufficient information to enable the Company to make a determination. You must notify the Company of any change in your status as soon as possible. Except for absences that are legally authorized, excessive unexcused absenteeism and/or tardiness may lead to disciplinary action, up to and including termination of employment. If you fail to report to work and notify management of the absence for two (2) consecutive scheduled workdays, or are tardy three (3) times within a thirty (30) day period, you will be considered excessively absent or tardy and will be subject to discipline, up to and including termination. Three or more days of absence may require certification from your health care provider. In addition, the Company will take corrective action up to and including termination in any case where your overall attendance or tardiness record is less than satisfactory. Employees not present at their workstation ready to start work by their designated start time may be considered tardy. Certification by your health care provider is required for absences of five (5) or more consecutive work days. If you fail to report for work without notification for two (2) consecutive workdays, you may be considered to have abandoned your employment. Different rules may apply to individuals on a protected leave of absence, which may require an employee to be absent on a regular or intermittent basis. Also, individuals with disabilities may be granted reasonable accommodation in complying with these policies if undue hardship does not result to the Company's operations. However, regular attendance and promptness are generally considered part of each employee's essential job functions. H. Contact With the Company It is essential that drivers are at the appointed job sites at the designated times. The Company's clients and passengers rely on this. Thus, employees must inform the - 31 - Employee Handbook — Rev. May 1, 2015 Company in advance if they anticipate they will not be in a scheduled place at a scheduled time. Customer and Public Relations The Company's reputation is built on excellent service and quality, and reliable work. The active participation of every employee is required to maintain this reputation. The opinion a customer has about the Company may be based on the actions of a single employee. It is sometimes easy to take customers for granted, but when we do, we run the risk of losing not only that customer, but his or her associates, friends or family who may also be customers or prospective customers. Each employee must be sensitive to the importance of providing courteous treatment in all working relationships, including to coworkers. Confidentiality of Customer Matters The Company requires employees to maintain the highest degree of confidentiality when handling customer matters. Employees should not disclose customer information to anyone outside the Company, including other customers and third parties. Questions about customer confidentiality should be directed to your supervisor. K. Gratuities Employees are not permitted to accept gratuities of any kind from clients, passengers or vendors. L. Natural Disasters When natural disasters, such as earthquakes, mud slides, floods and fires occur, the public and our clients rely on us more than ever to provide our services. It is imperative that employees work with the Company during these times and to keep the Company informed of their whereabouts and ability to report to work. Unless the Company is notified and approves the absence, employees are expected to report to work as scheduled. If extreme conditions require the Company to close its operations, the Company will attempt to notify employees. - 32 - Employee Handbook — Rev. May 1, 2015 Section X11 Safety and Security The Company has a vital interest in maintaining safe, healthful and efficient working conditions for its employees, clients, and visitors. Accordingly, it is the right, obligation and intent of the Company to protect its employees, clients, passengers, and visitors, and to safeguard Company property, equipment and operations by establishing and maintaining the following policies. A. Policy Against Workplace Violence 1. Statement of Policy The safety and security of Company employees is paramount. Acts or threats of physical violence, including intimidation, harassment, and/or coercion, that involve or affect the Company or that occur on Company property or in the conduct of Company business off Company property, will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in Company operations, including, but not limited to, Company personnel, contract workers and anyone else on Company property or conducting Company business off Company property. Violations of this policy will lead to disciplinary and/or legal action as appropriate. This policy is intended to confirm that the Company is in compliance with existing legal provisions requiring employers to provide a safe workplace. It is not intended to create obligations beyond those required by existing law. 2. Definitions Workplace violence is any intentional conduct that is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property such that employment conditions are altered or a hostile, abusive, or intimidating work environment is created. Workplace violence may involve any threats or acts of violence occurring on Company premises, regardless of the relationship between the Company and the parties involved. It also includes threats or acts of violence that affect the business interests of the Company or that may lead to an incident of violence on Company premises. Threats or acts of violence occurring off Company premises that involve employees, agents, or individuals acting as a representative of the Company, whether as victims of or active participants in the conduct, may also constitute workplace violence. Specific examples include, but are not limited to, the following: a. Threats or acts of physical or aggressive contact directed toward another individual; b. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property; c. The intentional destruction or threat of destruction of Company property or another employee's property; d. Harassing or threatening phone calls, texts, or emails; - 33 - Employee Handbook — Rev. May 1, 2015 e. Surveillance; f. Stalking; g. Veiled threats of physical harm or similar intimidation; and h. Any conduct resulting in the conviction under any criminal law relating to violence or threats of violence that adversely affects the Company's legitimate business interests. Workplace violence does not refer to occasional comments of a socially acceptable nature. These comments may include references to legitimate sporting activities, popular entertainment, or current events. Rather, it refers to behavior that is personally offensive, threatening, or intimidating. 3. Enforcement Anyone who engages in a threat or violent action on Company property may be removed from the premises as quickly as safety permits and may be required, at the Company's discretion, to remain off premises pending the outcome of an investigation of the incident. When threats are made or acts of violence are committed by employee(s), a judgment will be made by the Company as to what actions are appropriate, including possible disciplinary action. Once a threat has been substantiated, it is the Company's policy to put the threat maker on notice that they will be held accountable for their actions and then implement a decisive and appropriate response. Under this policy, decisions may be needed to prevent a threat from being carried out, a violent act from occurring, or a life -threatening situation from developing. No existing policy or procedure of the Company should be interpreted in a manner that prevents the making of these necessary decisions. The Company may undertake a case -by -case analysis to ascertain whether there is a reasonable basis to believe that workplace violence has occurred. Employees who violate this policy, who engage in or contribute to violent behavior, or who threaten others with violence may be subject to disciplinary action, up to and including termination. No provision of this policy shall alter the at -will nature of employment at the Company. B. Policy Regarding Violent Crime You should make a conscious effort to observe your surroundings and report any suspicious persons or activities to the police. In the unfortunate event of a holdup or robbery, you should consider obeying the orders issued by the perpetrator. Failure to follow the perpetrator's orders may jeopardize your safety as well as the safety of passengers and other employees. Therefore, try to stay calm, move slowly, and cooperate with the perpetrator. Do not argue, fight, display a weapon, or offer other form of resistance. To the extent possible, employees should attempt to concentrate on the - 34 - Employee Handbook — Rev. May 1, 2015 perpetrator's physical features, dress, voice, automobile, etcetera in hope of later identification. Once the incident is over, you should remain where you are --do not attempt to follow or catch the perpetrator. Once you are certain that the perpetrator has left the immediate area, quickly secure the area and call the police. While waiting for the police to arrive, avoid touching anything or disturbing the area. If possible, write down everything you can remember about the incident and the perpetrator. Employees are expected to cooperate fully with the enforcement authorities after the occurrence of an incident. C. Health and Safety The Company strives to attain the highest possible level of safety in all activities and operations. The Company also makes efforts to comply with all health and safety laws applicable to our business. To this end, the Company must rely on employees to ensure that work areas are kept safe and free of hazardous conditions. Employees should be conscientious about workplace safety, including proper operating methods and known dangerous conditions or hazards. You should report any unsafe conditions or potential hazards to your supervisor or the Safety Manager immediately, even if you believe you have corrected the problem. If you suspect a concealed danger is present on the Company's premises, or in a piece of equipment, process, or business practice for which the Company is responsible, bring it to the attention of your supervisor immediately. The Company will arrange for the correction of any unsafe condition or concealed danger immediately. Periodically, the Company may issue rules and guidelines governing workplace safety and health. All employees should familiarize themselves with these rules and guidelines as strict compliance will be expected. Contact your supervisor for copies of current rules and guidelines for your department. Failure to comply strictly with rules and guidelines regarding health and safety or negligent work performance that endangers health and safety will not be tolerated. Any workplace injury, accident, or illness must be reported to your supervisor and/or the Risk Manager as soon as possible, regardless of the severity of the injury or accident. If medical attention is required immediately, the Company will assist employees in obtaining medical care, after which the details of the injury or accident must be reported. Employees must understand that compliance with safety requirements is a condition of employment and will be evaluated, together with other aspects of an employee's performance. It is essential that all employees comply fully with the standards and practices of the Company that are designed to promote a safe and healthful working environment. As part of our policy, the Company has established programs to help employees avoid dangerous and unhealthful conditions and to remedy problems or hazards before they cause accidents or injuries. D. Voice Mail, E-Mail, Text Messages and Computer Files Company -provided e-mail, text messaging systems and computers are to be used for business purposes only and may not be used for personal business. These systems are maintained by the Company in order to facilitate Company business. Therefore, all messages sent, received, composed and/or stored on these systems are the sole - 35 - Employee Handbook — Rev. May 1, 2015 property of the Company, and employees should have no anticipation of privacy when using company equipment. E. Right To Monitor Employees In our ongoing effort to achieve the highest level of business efficiency and customer service, the Company reserves the right to observe employees throughout the Company's premises, either by way of direct observation or through the use of electronic devices. The Company may install video cameras to monitor Company premises and/or other generally open areas where employees may be seen by others. Therefore, employees should have no anticipation of privacy in the workplace, with the exception of restrooms. F. Use Of Equipment Company -owned equipment is expensive and may be difficult to replace. When using equipment, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards and guidelines. At no time is Company -owned equipment to be used for personal purposes. No Company -owned equipment may be removed from the premises without written authorization from the Company. Questions about the responsibility to maintain and care for equipment should be directed to your supervisor or manager. Employees should immediately notify their supervisor or manager if any equipment, machine, or tool appears to be damaged, defective or in need of repair. Prompt reporting of damage, defects and wear can prevent deterioration of equipment and avoid possible injury to the employee and others. The negligent, careless or unsafe use of Company equipment may result in discipline, up to and including termination. G. Safe Operation Of Vehicles Drivers of Company vehicles are responsible for the safe operation and cleanliness of the vehicle. Accidents and incidents involving a Company vehicle must be immediately reported to a supervisor or manager. Failure to immediately report an accident or incident will result in disciplinary action, up to and including termination. Seat belts must be worn by all drivers at all times driving Company vehicles. Employees must exercise good judgment and safe driving practices at all times, including avoiding any activity which may distract their attention from the road or violate any law. Such activity includes speeding or other reckless driving, ingesting alcoholic beverages or drugs, and use of a cell phone while operating a vehicle. Employees driving their own personal vehicles while conducting Company business should promptly submit an expense report detailing the number of miles driven on Company business. The Company will pay mileage. In the course of such operation, a valid driver's license and proof of current insurance must be in your possession. Employees are expected to observe all Company policies while on Company business, - 36 - Employee Handbook — Rev. May 1, 2015 even if driving their own personal vehicles. Employees are prohibited from using Company vehicles for personal use. Employees who violate this policy are subject to disciplinary action, up to and including termination. H. Employee Property Employees should not bring valuables to work. The Company assumes no responsibility for the loss, theft, or damage of employees' personal property. I. Employee Parking The Company provides parking for staff on the premises but employees are cautioned to park at their own risk. The Company shall assume no responsibility for any loss, theft, or damage to an employee's vehicle. Please be courteous to the vehicles already parked and please be mindful of the speed limit (5mph) in the parking lot. J. Visitors in the Workplace To provide for the safety and security of employees and the Company facility, employees may not have visitors in the workplace. Restricting visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare and avoids potential distractions and disturbances. Non -staff personnel and children of staff members are not allowed to be on the premises with an employee while employee is working. 3 % - Employee Handbook — Rev. May 1, 2015 Section X111 A. Holidays Benefits The Company observes the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. If one of the above holidays falls on a day an employee's contract system is normally closed and the client observes the holiday by closing a different day, the day the client is closed will be considered the employee's holiday. If the client's system does not close for the holiday, the employee must work their regularly scheduled shift and will be paid one and a half (1'/2) times their normal hourly rate. If the client's system observes holidays other than or in addition to those listed above, the employee will not be paid for the additional days off, but may use any accrued, unused Personal Time Off during this time. Non-exempt employees in the orientation period are not eligible for holiday pay. Eligible employees will only receive holiday pay if the holiday falls on their regularly scheduled workday. Eligible, exempt employees receive their regular salary on any recognized holidays. Eligible, full-time non-exempt employees will receive their regular straight time hourly wage rate for the number of hours that they are regularly scheduled to work on the day a holiday is observed by the Company and management offices are closed. Part-time and temporary employees, and employees on a leave of absence, are not eligible for holiday pay. To be eligible for holiday pay, you must work the last scheduled day immediately preceding and the first scheduled day following the holiday, unless a written request for time off is submitted and approved by the Company prior to the holiday. In the event of illness and with written approval from the Company, this rule will be suspended contingent on the employee's submission of a certificate from a health care provider. Employees on leave of absence are ineligible for holiday benefits for holidays observed during the period they are on leave of absence. B. Personal Time Off 1. Non -Exempt Employees Personal Time Off ("PTO") for non-exempt employees will accrue on a weekly basis at the rate of 0.8 hours per week for those employees who get paid for at least 35 hours in a given week. For example, if an employee works 28 hours in a week and uses at least 7 hours of accrued PTO and/or sick leave hours to reach the thirty five (35) hour threshold, 0.8 hours of PTO will be added to the employee's PTO bank. However, if an employee has exhausted their accrued PTO and/or sick leave hours and works less than 35 hours in a week, PTO will not accrue for that week. Employees are eligible to accrue PTO after completing 90 days of continuous employment from their date of hire. - 3 8 - Employee Handbook — Rev. May 1, 2015 Earned PTO accrues to a maximum of one and one-half (1'/2) times the annual accrual rate. Once the maximum accrual amount has been reached, no additional PTO will be earned until previously accrued PTO is used. You will not be given retroactive credit for any period of time in which you did not accrue PTO because you were at the maximum. At year-end, unused PTO at or below the maximum accrual amount will carry over to the subsequent year. 2. Exempt Employees PTO for exempt employees will accrue on a weekly basis at the rate of 1.55 hours per week for those employees who have worked for the Company three (3) consecutive years or less, and at the rate of 2.04 hours per week for those employees who have worked for the Company for more than three (3) years. Employees are eligible to accrue PTO after completing 90 days of continuous employment from their date of hire. Earned PTO accrues to a maximum of one and one-half (1'/2) times the annual accrual rate. Once the maximum accrual amount has been reached, no additional PTO will be earned until previously accrued PTO is used. You will not be given retroactive credit for any period of time in which you did not accrue PTO because you were at the maximum. At year-end, unused PTO at or below the maximum accrual amount will carry over to the subsequent year. 3. Use of PTO PTO may be used for any purpose, including illness or injury, medical or dental appointments, vacation, care for a family member, or other reasons. Employees are not eligible to take PTO until it is earned and they have completed 90 days of employment from their anniversary date. Employees are encouraged to take their accrued PTO each year. Employees will be paid for all accrued unused PTO on termination of employment. Employees who have worked for the company for 2 consecutive years may receive one-half of their yearly PTO accrual in pay at the time they take PTO time off of not less than three days. Employees should submit written requests for PTO to their supervisor at least two (2) weeks in advance. In the event of illness or an emergency, employees must contact their supervisor as soon as possible and in no event less than two (2) hours prior to their start time. The Company encourages employees to request PTO in increments of at least one (1) regularly scheduled workday. PTO will be scheduled so as to provide adequate coverage of job and staff requirements. The Company will make the final determination in this regard. Therefore, the Company may elect to deny PTO in its discretion. PTO does not accrue during unpaid leaves of absence or other periods of inactive service, except where required by law. Exempt employees must use PTO for otherwise unexcused absences from work for a day or more. Exempt employees must also use PTO for absences of four (4) or more hours in a work day when taking personal time off. Exempt employees are prohibited from doing any work while taking PTO, including but not limited to checking voicemail, checking email and text messaging. - 39 - Employee Handbook — Rev. May 1, 2015 If you are eligible for a partial wage replacement by the state under the state's Paid Family Leave program (PFL), the Company may require that you take accrued but unused PTO leave prior to your initial receipt of these benefits. C. Paid Sick Leave Employees who meet the eligibility service requirements as specified by applicable law are eligible for paid sick leave benefits during each year of employment. New employees who have worked for 30 or more work days within a year from the beginning of their employment are eligible to receive paid sick leave benefits. 1. Non -Exempt Employees Beginning with their date of hire, eligible employees will accrue 1 hour of sick leave per work week until a total of 30 hours of sick leave have been accrued for use after they have completed the eligibility service requirements. Thereafter, during each year of employment, beginning on the employee's anniversary date, eligible employees will accrue 1 hour of sick leave per week until a total of 30 hours of sick leave have been accrued per anniversary year. Employees who do not meet the eligibility service requirements are not eligible for sick leave benefits. For non-exempt employees, paid sick leave accrual will cap at sixty (60) hours, with a usage cap of thirty (30) hours per anniversary year. 2. Exempt Employees Beginning with their date of hire, eligible exempt employees will accrue 1 hour of sick leave per work week until a total of 3 days (24) hours of sick leave have been accrued, for use during their first year of employment after they have completed the eligibility service requirements. Thereafter, during each year of employment, beginning on the employee's anniversary date, eligible employees will accrue 1 hour of sick leave per work week until a total of 3 days (24 hours) of sick leave have been accrued. For exempt employees, paid sick leave accrual will cap at forty-eight (48) hours, with a usage cap of twenty-four (24) hours per anniversary year. I Use of Paid Sick Leave Non-exempt employees may only use thirty (30) hours of paid sick leave per year, and exempt employees may only use twenty-four (24) hours of sick leave per year. Newly hired eligible employees may start using their earned sick leave benefits beginning on the 90th day of employment. Last minute unscheduled time off ("calling in sick") disrupts business operations, creates scheduling issues, and should be avoided. For a non -emergency reason or for a foreseeable situation, employees are to provide reasonable advance notification to their Supervisor preferably with one week's notice but at least one workday (24 hours) advance notice of a need for paid sick leave. For an emergency situation that is unforeseeable, employees are to notify their Supervisor of an intended absence at least two (2) hours before their scheduled shift or workday begins or as soon - 40 - Employee Handbook — Rev. May 1, 2015 as practicable. Employees are to use their available paid sick leave benefits in minimum increments of two (2) hours. Sick leave is to be used only for absences due to illness, incapacity due to injury, and appointments with, or treatment by, a health care provider involving the employee, or the employee's child, parent, spouse or registered domestic partner, or the child of the registered domestic partner, the employee's sibling, grandparent or grandchild. Paid sick leave may also be used by an employee who is a victim of domestic violence, sexual assault or stalking as specified by applicable law. All sick leave payments will be based on an employee's regular pay rate in effect at the time such payments are made. Sick leave will be paid on the payday for the next regular payroll period after the sick leave was taken. Sick leave payments also would be coordinated with state disability/paid family leave or workers' compensation insurance benefit payments so that all such payments will not exceed the employee's normal weekly gross earnings. The purpose for sick leave benefits is to provide salary or wage continuation to eligible employees who are absent due to illness or injury. Employees should conserve their sick leave bank in case of an unexpected illness or injury. Sick leave is not to be abused or misused. Sick leave benefits are not earned during any leaves of absence until the employee returns to work. Full or partial days off due to illness or injury in excess of available sick leave by non-exempt employees will be taken without pay. Exempt employees who have used all of their available sick leave benefits continue to receive their salary for an occasional illness that is less than a full day under this sick leave policy. However, the salary of exempt employees who have exhausted their sick leave allowance may be deducted for absences of a full day or more due to illness or disability. Available and unused sick leave may not be used for personal time -off (other than for an absence due to illness, medical appointments or another qualifying reason as specified by applicable law), additional vacation time or in conjunction with other types of days off. If all available sick leave benefits have been used and your Supervisor has approved additional time off, employees may use available vacation benefits for the additional time off. Employees who are absent for three (3) or more consecutive days due to illness or injury may be required to submit a physician's statement to substantiate the absence. Further, the Company may require proof of illness, injury and/or a doctor or dental appointment in connection with any medically related absence of a shorter duration, including any absence taken on a day immediately prior to or immediately after a holiday or weekend, in order to verify the absence under this policy. Use of sick leave will be allowed, however, with or without submission of a physician's statement. In addition, before an employee may return to work, the Company may require a doctor's written verification stating that the employee is capable of resuming his or her job essential job functions. A misrepresentation regarding the need to take sick leave for a purpose other than for a qualifying reason as specified by applicable law may be subject to appropriate disciplinary action. Unused sick leave will carry over to the following year. Unused sick leave benefits have no cash value upon termination of employment for any reason. - 41 - Employee Handbook — Rev. May 1, 2015 There is no pay out of unused sick days upon termination of employment for any reason or at any time during employment. D. Medical, Dental and Vision Insurance For purposes of health benefits, regular full-time employees are those who work at least 30 hours per week and who have completed (1) a 30-day orientation period after the date of hire, and (2) a 30-day waiting period immediately thereafter. Such employees are eligible for medical, dental, and vision insurance as of the first of the month following the 30-day waiting period. The Company pays a percentage of the basic medical insurance premium for employees only. Any modifications or enhanced benefits are paid by the employee, including adding additional family members. The Company does not pay any part of the dental or vision insurance premiums. Employees should consult the Summary Plan Description for more complete information about eligibility and the details of the Company's insurance plans. Copies of the Plan Document and Summary Plan Description are available from Human Resources or your manager. The Plan Documents are controlling. Except in the case of a qualifying event, employees may only modify their insurance coverage during the initial enrollment period and during open enrollment if the pre-tax premium deduction option was elected. Qualifying events include marriage or divorce, creation or dissolution of a domestic partnership, death of a spouse/domestic partner or child, birth or adoption of a child, or termination of a spouse's/domestic partner's employment or other loss of coverage. Ability to make modifications is governed by state and federal law, and by the applicable policy documents. Employees electing the post -tax option for their premium deductions may cancel their coverage at any time. The Company reserves the right to change, amend or discontinue the medical, dental and vision benefits it offers to its employees at any time, including payment of the premium for an eligible employee's coverage. The Company's right to make these changes is not limited by an employee's length of service, or by an employee's reliance on the availability of these benefits in deciding whether to accept, continue or retire from employment with the Company. E. 401 K Plan The Company provides a 401 k Plan as a way for employees to defer their pre-tax dollars and save for retirement. Employees are eligible from date of hire to enroll and make elections for deferrals. Deferrals may be made in a flat amount election or a % of eligible pay. Deferrals will begin on the next quarterly entry date. Quarterly entry dates are January 1st, April 1st, July 1st and October 1 t Employees may rollover funds from other qualified plans and IRA's. Additional information and enrollment instructions are available from the Human Resources Department or your supervisor. - 42 - Employee Handbook — Rev. May 1, 2015 F. Workers' Compensation The Company provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers injuries or illnesses sustained in the course of employment that require medical, surgical or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work -related injuries or illnesses should inform their supervisor or manager immediately, no matter how minor an on-the-job injury may appear. This will enable an eligible employee to qualify for coverage as quickly as possible. Failure to timely report an injury may jeopardize an employee's right to certain benefits. Note that all employees who report a work -related injury or illness are subject to post -injury drug and alcohol testing. Neither the Company nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off -duty recreational, social or athletic activity. The Company will not take any adverse action against an employee for filing a workers' compensation claim. ALL EMPLOYEES SHOULD REMEMBER THAT WORKERS' COMPENSATION FRAUD IS A FELONY IN CALIFORNIA, PUNISHABLE BY IMPRISONMENT IN COUNTY JAIL OR BY FINES OR BOTH IMPRISONMENT AND FINE. THE COURT MAY ORDER RESTITUTION AS WELL, INCLUDING RESTITUTION FOR ANY MEDICAL EVALUATION OR TREATMENT SERVICES OBTAINED OR PROVIDED. COMPANY WILL TAKE ALL ACTION NECESSARY TO PROSECUTE CASES OF WORKERS' COMPENSATION FRAUD. G. Disability Insurance / Paid Family Leave Employees are covered by California State Disability Insurance (SDI) and Paid Family Leave (PFL) pursuant to the California Unemployment Insurance Code. SDI insurance is payable when you cannot work because of illness or injury unrelated to your employment or when you are entitled to temporary workers' compensation at a rate less than the daily disability benefit amount. PFL provides a limited wage replacement when employees are unable to perform their regular customary work due to an absence to care for a sick child, parent, spouse or registered domestic partner, or for the birth, adoption, or foster care placement of a new child of the employee or of the registered domestic partner. There are limitations and eligibility requirements in the law. If you have questions about SDI or PFL, please see Human Resources. If you are eligible for a partial wage replacement by the state under the state's PFL program, the Company may require that you take up to two weeks of earned but unused PTO prior to your initial receipt of these benefits. Please note that PFL does not provide a separate right to a leave of absence. It is merely a state program that provides wage replacement. H. Unemployment Insurance If your employment terminates, you may be eligible to receive unemployment insurance benefits. In most cases, you must file a claim in order to collect this benefit. Should - 43 - Employee Handbook — Rev. May 1, 2015 such a situation arise, you should inquire about unemployment insurance at the time of separation from service. No action will be taken against any employee in any manner for testifying in an unemployment proceeding. I. Social Security All employees are covered by the Social Security law and are subject to taxes under the Federal Insurance Contribution Act (FICA). A deduction is made from your gross earnings in accordance with the law as your contribution to Social Security. The Company contributes an amount equal to your deduction. J. Post -Termination Continuance of Medical Insurance The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides eligible individuals with the option to continue medical insurance coverage under the Company's policy, at their own expense and for a certain period of time, on the termination of employment as well as in other circumstances. For more information, please contact Human Resources. - 44 - Employee Handbook — Rev. May 1, 2015 Section XIV A. General Provisions Leave of Absence The Company may grant a leave of absence in certain circumstances. You should notify your manager in writing at least 30 days in advance or as soon as you become aware you may need a leave of absence. The Company will consider your request in accordance with applicable law and the Company's leave policies. You will be notified whether your leave request is granted or denied. If you are granted leave, you must comply with the terms and conditions of the leave, including keeping in touch with the Company during your leave, and giving prompt notice if there is any change in your return date. You must not accept other employment or apply for unemployment insurance while you are on a leave of absence. You must also not engage in conduct inconsistent with the reasons for taking a leave (e.g., seeking other employment or going on vacation). Acceptance of other employment while on leave will be treated as a voluntary resignation from employment at the Company. You must remain in contact with the Company during your leave to advise of any change of circumstances. Benefits, such as PTO and paid holidays do not accrue while you are on a leave of absence. If you would like to continue your medical, dental or vision insurance coverage during your leave, with the exception of leaves that provide for continuation pursuant to applicable law, you may continue coverage by paying the full amount of the premiums under the provisions of COBRA. Human Resources can give you additional information on this subject. Depending on the type of leave, you will be required to use accrued PTO concurrently with an unpaid leave of absence. Any PTO payments will be coordinated with any payments under California State Disability Insurance, California Paid Family Leave, workers' compensation, or other wage reimbursement benefits for which you may be eligible so that at no time will you be paid more than your regular compensation. Seniority shall not accrue during any leave of absence, and PTO shall not accrue during any leave of absence. The Company may hold in abeyance or proceed with any counseling, performance review, or disciplinary action, including discharge, that was contemplated prior to any employee's request for or receipt of a leave of absence or that has come to the Company's attention during the leave. If any action is held in abeyance during the leave of absence, the Company reserves the right to proceed with the action on the employee's return. Requesting or receiving a leave of absence in no way relieves employees of their obligation while on the job to perform their job responsibilities capably and to the Company's expectations, and to observe all Company policies, rules and procedures. An employee who is ready to return to work from a leave of absence related to a medical illness or condition, work injury, disability, or pregnancy must submit a medical release to the Company verifying his or her fitness or ability to resume work at least 7 calendar days prior to the expected date of return to work. The Company reserves the right to require, at the Company's expense, a fitness for duty examination to ensure the employee is capable of performing the essential functions of his job. Family and Medical Leave - 45 - Employee Handbook — Rev. May 1, 2015 B. Family and Medical Leave The Company has adopted the following policy to implement the terms of the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Eligible employees are entitled to FMLA/CFRA leave on the terms and conditions stated below. 1. Eligibility To be eligible for FMLA/CFRA, an employee must have worked for the Company for at least 12 months and have completed at least 1,250 hours in the 12 calendar months prior to the commencement of the leave. Employees must also work at a location where there are at least 50 employees on -site or within a 75- mile radius. 2. Reasons for Leave Eligible employees may take up to 12 weeks of unpaid family and medical leave within a 12-month period for any of the following reasons: a. The birth of a child and to bond with or provide care for such child. b. The placement of a child with you for adoption or foster care and to bond with or care for the new child. c. To care for a parent, child, spouse or registered domestic partner with a serious health condition. d. For your own serious health condition that renders you unable to perform the functions of your position. e. Eligible employees with a spouse, registered domestic partner, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12- week FMLA leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include activities such as attending military events, arranging for alternative childcare, making financial and legal arrangements, attending counseling sessions, rest and recuperation, and post -deployment briefings. Eligible employees may take up to 26 weeks of FMLA leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A "serious health condition," as specified above, is an illness, injury impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's - 46 - Employee Handbook — Rev. May 1, 2015 job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider or one visit to a health care provider and a continuing regiment of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment. Leave for either of the first two reasons listed above must be completed within the 12-month period beginning on the date of birth or placement. In addition, in cases where the Company employs both parents, they may take a maximum combined total of 12 weeks' leave during any 12-month period for the first two reasons. 3. Calculating the 12-Month Period The Company uses a rolling method to calculate the 12-month period during which eligible employees may take up to 12 weeks of family and medical leave. 4. Pregnancy, Childbirth and Related Conditions While pregnancy and prenatal care are included in the definition of "serious health condition" under the FMLA, they are not covered under the leave provisions of the CFRA. If you take leave for pregnancy disability (up to four months, as certified by your healthcare provider) and are also eligible for family and medical leave, your FMLA-protected leave will run concurrently with your pregnancy disability leave (see Pregnancy Disability Leave policy below). Once you are no longer disabled by pregnancy/childbirth, you may apply for up to 12 weeks of leave under the CFRA to bond with your newborn. 5. Notice of Leave If your need for FMLA leave is foreseeable, you must give the Company at least 30 days' prior written notice. If this is not possible, you must give notice as soon as practicable and you must comply with the Company's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. Failure to provide such notice may be grounds for delay of leave. Additionally, if you are planning a medical treatment, you must consult with your supervisor or manager regarding the dates of such treatment in order to minimize disruption to the Company's operations. If your need for leave is not foreseeable, you must notify the Company as soon as practicable under the facts and circumstances of your situation. When providing notice, you must include sufficient information for the Company to determine if the leave qualifies for FMLA/CFRA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform essential job functions, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. - 47 - Employee Handbook — Rev. May 1, 2015 6. Certification The Company requires requests for FMLA/CFRA be supported by a medical or other certification. When you request leave, the Company will notify you of the requirement for certification and when it is due. If you are unable to obtain the certification due to reasons beyond your control, notify the Company as soon as possible. Failure to provide requested certification in a timely manner may result in delay of leave until required documentation is provided. A request for leave because of your own serious health condition or to care for a family member with a serious health condition must be supported by a medical certification from a healthcare provider. The medical certification must include the following information: a. The name, address, telephone number and fax number of the healthcare provider and type of medical practice/specialization; b. The approximate date on which the serious health condition commenced, and its probable duration; c. The healthcare provider's statement documenting the need for leave; d. If you are the patient, a statement from the healthcare provider establishing that you are unable to work at all or perform any one or more of the essential functions of your position due to the serious health condition; e. If the patient is a covered family member with a serious health condition, confirmation that the family member is in need of care. The Company, at its expense, may require an examination by a second healthcare provider designated by the Company if it has a question about the validity of the medical certification initially provided. If the second healthcare provider's opinion conflicts with the original certification, the Company, at its expense, may require a third, mutually agreed on, healthcare provider to conduct an examination and provide a final and binding opinion. The Company may require updated medical recertification for additional leave, even if taken for the same medical condition. Failure to timely provide the requested certification, except where it is not practical under the circumstances, may result in delay of further leave until the certification is provided. 7. Medical and Other Benefits During an approved FMLA/CFRA, the Company will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid family and medical leave, the Company will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium. If you miss a premium payment, your healthcare coverage will cease at the end of the month in which your last full premium payment was paid. - 48 - Employee Handbook — Rev. May 1, 2015 Employees are required to use any accrued, unused PTO or Sick Leave benefits during any leave of absence under the FMLA/CFRA, with the exception of leaves qualifying as a pregnancy disability leave, or where the employee is receiving wage replacement benefits due to a work related injury or through a disability benefits plan. In those circumstances, employees may choose to use PTO or Sick Leave benefits, but in no instance shall the sum of wage replacement and PTO/sick leave benefits exceed 100% of the employee's regular full-time wages. 8. Intermittent and Reduced -Schedule Leave Leave because of a serious health condition or military caregiver leave may be taken intermittently or on a reduced -leave schedule if medically necessary and if proper certification is obtained. Qualifying exigency leave may also be taken intermittently or on a reduced -leave schedule. Leave for bonding or the care of a new child must be taken in blocks of at least two weeks, but an employee is allowed to take leave of less than two weeks twice during the one year eligibility period following birth. The leave can be taken in one lump sum. A schedule must be discussed with your supervisor. 9. Reinstatement Employees returning from FMLA/CFRA leave will be restored to the original or an equivalent position. However, you will not be entitled to any greater right to reinstatement than if you had been employed continuously rather than on leave. For example, if you would have been laid off if you had not gone on leave, then you will not be entitled to reinstatement. Similarly, if your position has been filled in order to avoid undermining the Company's ability to operate safely and efficiently while you were on leave, and there is no equivalent position available, then reinstatement may be denied. As a condition of restoring the employee whose leave was occasioned by the employee's own serious health condition that made the employee unable to perform the employee's job, the Company requires the employee to obtain and present certification from the employee's health care provider that the employee is able to resume work. C. Pregnancy Disability Leave The Company will grant an unpaid pregnancy disability leave if you are disabled because of your pregnancy, childbirth, or a related medical condition. If you are disabled due to pregnancy, childbirth, or a related medical condition, you may take up to a maximum of four (4) months (17 1/3 workweeks for a full-time employee) leave. As an alternative, the Company may transfer you to a less strenuous or hazardous position if you so request, with the advice of your physician, and if the transfer can be reasonably accommodated. If a reasonable accommodation cannot be agreed upon, the Company will request that you become temporarily disabled and your leave status will begin. If an employee requests additional leave after the expiration of the 4 month pregnancy disability leave, the Company will engage in an interactive process with the employee to determine whether the request can be accommodated. Pregnancy disability leave may be taken intermittently or on a reduced work schedule when medically advisable as determined by the employee's physician. - 49 - Employee Handbook — Rev. May 1, 2015 If possible, you must provide at least thirty (30) days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or of a family member). For events which are unforeseeable, you must notify Human Resources at least verbally, as soon as you learn of the need for the leave. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. In addition, you must provide the Company with a health care provider's statement certifying the last day you can work and the expected duration of your leave. Pregnancy disability leaves are without pay. However, you may also utilize accrued PTO or sick leave during the leave. All of those payments will be integrated with any state disability or other wage reimbursement benefits that you may receive. At no time will you receive more than your regular compensation. The Company will continue to maintain and pay for the employee's group health insurance under the same terms and conditions as if the employee has remained actively employed during the duration of her pregnancy disability leave. The employee is required to continue to pay her portion of the required monthly insurance premiums, if any, during the leave. You should contact Human Resources for further information. On the submission of a medical certification from a health care provider that you are able to return to work, you will, in most circumstances, be offered the same position held at the time of the leave or an equivalent position. Employees failing to return on the assigned date may be considered to have voluntarily resigned. However, in the event the Company has to layoff employees due to economic or other business reasons, a pregnant employee will have no greater right to reinstatement than any other Company employee. If the original position is not available due to legitimate business reasons, the employee will be offered any comparable positions for which they are qualified that become available within 60 (sixty) days of their request to return. If no comparable positions become available, the employee will be permanently laid off. If, on return from a pregnancy disability leave you are unable to perform the essential functions of the job because of a physical or mental disability, the Company will attempt to accommodate you. As a condition of this leave, you must not engage in any conduct inconsistent with the reasons you were granted leave in the first place. You must also maintain periodic contact with the Company to advise as to any change in status. D. Military Leave (Active And Reserve Service) Leave without pay is provided to employees who enter military service. This includes the Army, Navy, Air Force, Marine Corps, Coast Guard (and the Reserves for each of those branches), Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. Employees returning from military leave are afforded reemployment rights and retain full seniority benefits for all prior service on reemployment in accordance with the Uniformed Services Employment and Reem- ployment Rights Act (USERRA) and the California Military and Veterans Code. Employees should submit military service orders to the Company for review prior to commencement of the leave. If the uniformed service is for 30 or fewer days, health benefits will continue in the same manner as prior to leave. For service beyond 30 days, - 50 - Employee Handbook — Rev. May 1, 2015 the law provides COBRA -like continuation benefits. See Human Resources for more information on military leave of absence. E. Leave for Spouse/Registered Domestic Partners of Those in the Military Employees who work an average of 20 or more hours per week and who are spouses or registered domestic partners of those in the Armed Forces, National Guard or Reserves are entitled to take up to ten (10) days of unpaid leave when the spouse or registered domestic partner is on leave from deployment during a period of military conflict. The term "period of military conflict" means either of the following: 1. A period of war declared by the Congress; or 2. A period of deployment for which a member of a reserve component is ordered to active duty as that term is defined by law. To be qualified for leave, employees must provide notice to the Company within two (2) business days of receiving official notice that the spouse or registered domestic partner will be on leave from deployment. Employees must also submit written documentation certifying the leave. F. Bereavement Time Off Full-time employees who have completed ninety (90) days of continuous employment are eligible for two (2) days of paid bereavement leave following the death of the employee's current spouse, current registered domestic partner, parent, grandparent, child, grandchild or sibling. Each day of pay shall be equivalent to pay for the hours the employee was regularly scheduled to have worked. No pay will be provided for days the employee was not regularly scheduled to work. Employees should notify their supervisor or manager of the need for the leave immediately. Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with the Company's approval, use any available PTO for additional time off as necessary. The Company reserves the right to request documentation supporting a request for bereavement leave. Employees in the orientation period are ineligible for paid bereavement leave. G. Civic Duty Time Off The Company encourages employees to serve on jury or witness duty when called. Employees must notify their supervisor of the need for time off for jury or witness duty as soon as a notice or summons from the court or a subpoena is received. If you are summoned for jury duty service, the Company will pay you the difference between your jury duty pay and the wages for hours you were scheduled to work, up to five (5) regularly scheduled workdays per year. Any additional time is without pay. However, employees must use any accrued, unused PTO. - 51 - Employee Handbook — Rev. May 1, 2015 Verification from the court clerk of having served may be required, and employees will be expected to report or return to work for the remainder of their work schedule on any day they are dismissed from jury or witness duty. H. Leave for Victims of Domestic Violence, Stalking and Sexual Assault The Company understands that if an employee is the unfortunate victim of domestic violence, stalking, or sexual assault, the employee may need to take time from work to appear in court in an effort to obtain relief from such violence. It also understands that you may need to take time off to obtain medical attention, to obtain services from a shelter, program, or rape crisis center, to obtain psychological counseling, or to participate in safety planning as a result of domestic violence, stalking or sexual assault. If you need time off to obtain relief from domestic violence, stalking, or sexual assault, you must give your supervisor or manager reasonable notice that you need time off for this purpose. If you need time off immediately or for an emergency, advance notice is not required, but you may be required to provide documentation or certification of the purpose of your absence within a reasonable time after your time off. Time off is unpaid. However, employees must use any accrued, unused PTO, and may use sick leave. On the days off from work to obtain relief from domestic violence or sexual assault, the employee will be expected to return to work for the remainder of their work schedule if time permits. 1. Victims of Crime An employee may be absent from work to attend judicial proceedings related to crime, if (i) the employee is a victim of a crime; (ii) the employee's immediate family member is a victim of a crime; (iii) the employee's registered domestic partner is a victim of a crime; or (iv) the child of the employee's registered domestic partner is a victim of a crime. The employee must give a copy of the notice for each scheduled proceeding that is provided to the victim by the agency responsible for giving notice. When advance notice is not feasible, or an unscheduled absence occurs, the employee must provide the documentation within a reasonable time after the absence. Time off is without pay. However, employees must use any accrued, unused PTO. After the appearance, the employee will be expected to return to work for the remainder of their work schedule, if time permits. J. Voting Time Because the Company has a continuing interest in encouraging responsible citizenship, employees are urged to vote for candidates of their choice at local, state and national elections either before or after an employee's regular shift. In extreme cases, employees who do not have sufficient time outside their working hours within which to vote will be allowed to take up to two (2) hours of working time with pay for this purpose. This time must be used at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed upon. - 52 - Employee Handbook — Rev. May 1, 2015 To receive time off for voting, you must advise your supervisor you will need time off at least two (2) working days before election day, receive approval, and present a voter's receipt on your return. K. Time Off to Attend School Activities If you are a parent, guardian, or grandparent with custody of a child in kindergarten, grades 1-12, or a licensed day care facility and you wish to take time off to visit your child's school for a school activity, you may take off up to eight (8) hours per calendar month (up to a maximum of 40 hours per calendar year), per child, provided you give reasonable notice to your supervisor of your planned absence. The Company requires documentation from the school or licensed day care facility noting the date and time of your visit. If both parents of a child work for the Company, only one parent --the first to provide notice --may take the time off, unless the Company approves both parents taking time off simultaneously. You may also be granted time off to attend a school conference. Time off to attend school activities or a school conference is unpaid, however, employees must use any accrued PTO. Please contact your supervisor if time off may be needed for this reason. L. Personal Leave of Absence Under certain circumstances, employees may be granted a personal leave of absence. Any accrued PTO must be used during this leave. The remainder of the leave will be without pay. Requests for personal leave must be submitted to your supervisor in writing. The Company will only grant personal leave for compelling reasons and will take into account factors such as business needs and length of service. Personal leave will not, under any circumstances, be granted for the purpose of obtaining or performing work for another employer. Personal leave is granted at the sole discretion of the Company. Personal leave shall not exceed one (1) month (30 calendar days) and may only be requested once a calendar year. PTO will run concurrently with the leave and count towards the 30 calendar day allotment. No benefits will accrue during personal leave. Health benefits ordinarily provided by the Company will continue through the end of the month in which the 30t" day of absence occurs. Employees should contact the Human Resources Department prior to their leave to arrange for payment of continuing health benefits. The Company will make reasonable efforts to return employees to the same or similar position held prior to the personal leave, subject to staffing and business requirements. M. Organ Transplant and Bone Marrow Policy The Company shall grant a paid leave up to thirty (30) business days to an employee who is an organ donor in any one year period for the purpose of donating his/her organ to another person. The one year period is measured from the date the leave begins and shall consist of 12 consecutive months. - 53 - Employee Handbook — Rev. May 1, 2015 The Company shall grant a paid leave of up to five (5) business days to an employee who is a bone marrow donor in any one year period. The one year period is measured from the date the employee's leave begins and shall consist of 12 consecutive months. In order to receive a leave the employee shall provide written verification to the Company that he/she is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. This leave is not a break in service. The Company will maintain health coverage for the duration of the leave in the same manner the coverage would have been maintained if the employee had been actively at work during the leave period. The Company requires that if PTO is available that an employee take up to five days of earned unused PTO for bone marrow and up to two weeks of earned unused PTO for organ donation. Time not covered by PTO will be paid by the Company. FMLA/CFRA will not run concurrently with this leave. The leave may be taken in one or more periods, but in no event shall exceed the amount of leave required by law. Upon expiration of an authorized leave, the Company will restore a donor to the position held by him/her when the leave began or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. The Company may decline to restore an employee as required because of conditions unrelated to the rights under this leave. The Company shall not interfere with, restrain, or deny the exercise or attempt to exercise a right established by this leave. The Company shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who exercises a right provided under this leave and/or opposes a practice made unlawful by this leave. - 54 - Employee Handbook — Rev. May 1, 2015 Section XV Separation From Employment A. Resignation If you decide to end your employment with the Company, the Company asks that you give at least two (2) weeks written notice, if possible. Employees occupying supervisor and management positions are requested to give at least four (4) weeks written notice. This will give the Company the opportunity to make the necessary adjustments in its operations. Employees who do not provide the requested notice will be considered ineligible for rehire. Please return all property owned by the Company prior to your departure. Resigning employees will be asked to participate in an exit interview, during which the Company may solicit the employee for information on various subjects related to their employment and general employment conditions. Employees who voluntarily resign and give at least 72 hours of notice will be given their final paycheck on their last day of employment. If an employee resigns without notice, the Company will have the employee's final pay ready for the departing employee within 72 hours of the time that the employee first notified the Company of his or her resignation. The check will include any accrued unused PTO. The Company reserves the right to advance the employee's separation date, and may pay the employee through the two -week notice period. This does not alter the nature of the voluntary resignation. B. Involuntary Terminations While the decision to commence employment is consensual, the same is not always true when the time comes to terminate the employment relationship. As an at -will employer, the Company reserves the right to end the employment relationship at any time, with or without cause or notice. In the event your employment is terminated, you will be required to participate in an exit interview and you must return all Company property prior to your departure. Employees will be given their final paycheck, including all earned and unpaid wages and PTO, on their last day of employment. C. Reductions in Force While the Company hopes to continue growing and providing employment opportunities, business conditions, client demand, and other factors are unpredictable. Changes or downturns in any of these or other areas could create a need to restructure or reduce the number of people employed. In light of these uncertainties, please be advised that it may become necessary to conduct layoffs at some point in the future. In the event the Company determines to lay off any employee or a number of employees, the Company retains full discretion to select which employee(s) will be laid off. While the Company retains full discretion, some of the relevant factors might include the Company's operational requirements and the skill, productivity, ability, and past performance of those involved, without regard to tenure. - 55 - Employee Handbook — Rev. May 1, 2015 D. Exit Interview In the case of both voluntary and involuntary terminations, you will be asked to participate in an exit interview, during which the Company may solicit the employee for information on various subjects related to their employment and general employment conditions within the Company. E. Severance Compensation The Company does not have a severance pay plan or policy. F. References All reference requests should be directed to Human Resources. No other employee is authorized to release references for a current or former employee. In response to reference check inquiries, the Company will disclose only dates of employment and the title of the last position held. If an employee authorizes in writing, the Company will provide a prospective employer with information as to the last level of compensation. No further information will be provided. - 56 - Employee Handbook — Rev. May 1, 2015 Receipt And Acknowledgment This is to acknowledge I received a copy of Southland Transit, Inc.'s ("STI" or "the Company") Employee Handbook and understand it sets forth the terms and conditions of my employment as well as the duties, responsibilities, and obligations of employment with the Company. I understand and agree it is my responsibility to read the Employee Handbook and abide by the rules, policies, and standards set forth in the Employee Handbook. I understand and agree that I should consult Human Resources and/or my supervisor/project manager regarding any questions not answered in the Employee Handbook or if I am uncertain or unclear about anything relating to my employment. I understand I must comply with the policies and procedures contained in the Employee Handbook and any revisions made to it, and that if I fail to comply, I may be subject to disciplinary action, up to and including termination. I have entered into my employment relationship with the Company voluntarily and acknowledge there is no promise of long-term employment and no specified length of employment. 1 also acknowledge that my employment with the Company is not for a specified period of time and can be terminated at any time for any reason, with or without cause or notice, by me or by the Company. I acknowledge that no oral or written statements or representations regarding my employment can alter the foregoing. I further acknowledge that no supervisor or employee has the authority to enter into an employment agreement --express or implied --providing for employment other than at will. I acknowledge that, except for the policy of at -will employment, the Company reserves the right to revise, delete, and add to the provisions of this Employee Handbook. All such revisions, deletions, or additions must be in writing and must be signed by management. No oral statements or representations can change the provisions of this Employee Handbook. I also acknowledge that, except for the policy of at -will employment, terms and conditions of employment with the Company may be modified at the sole discretion of the Company, with or without cause or notice at any time. No implied contract concerning any employment -related decision, term of employment, or condition of employment can be established by any other statement, conduct, policy, or practice. I understand the foregoing agreement concerning my at -will employment status and the Company's right to determine and modify the terms and conditions of employment is the sole and entire agreement between me and the Company concerning the duration of my employment, the circumstances under which my employment may be terminated, and the circumstances under which the terms and conditions of my employment may change. I further understand this agreement supersedes all prior agreements, understandings, and representations concerning my employment with the Company. I acknowledge that the Company's property and technical resources, as discussed in the Employee Handbook, belong to the Company and the Company therefore has the right to monitor, inspect and search all property and technical resources at any time. I hereby consent to the Company's monitoring, inspection and search and I further acknowledge that I have no expectation of privacy in connection with my use of the Company's property or technical resources. My signature below certifies I understand this acknowledgement, my at -will status and the Company's right to monitor. Employee Signature Date Employee Name [Printed] EMPLOYEE COPY 5 % - Employee Handbook — Rev. May 1, 2015 NOTE: Additional reuir ment and/or disciplinary actions established under STI authority are entered in bold-faced type. Requirements of the rug -Free Workplace Act (not covered under Part655) are in Italics. - Setting the Standard for Community Transit in Southern California 3650 Rockwell ,avenue, El Monte, California 91731 626.258.131 is - Fax 62 .258. f 2 I I P .` ,�� �� 1 �" • � �~ r a� �, � � � s � r ar � » s � +r r • �+ � a � • r as � ,. . � �"' ffi, r _ -♦ �� a • s � s - s �a � � r � a a • , � � r ) 4 PREEMPTION OF STATE AND LOCAL LAWS If any conflict occurs between State and local laws and any requirement of the above mentioned Federal regulations, the Federal regulations prevail. However, Federal regulations do not pre- empt provisions of State criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse, whether the provisions apply specifically to transportation employees, employers, or the public in general. 5 DEFINITIONS Adulterated Specimen : A specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. Alcohol Use: The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication) containing alcohol. For purposes of this policy, alcohol is alcohol regardless of source. Alcohol Violation: Under STI authority the presence of alcohol in the body at a concentration of 0.02 or greater as measured by an EBT device. Breath Alcohol Technician (BAT): An individual who instructs and assists employees or applicants in the alcohol testing process and operates an Evidential Breath Testing (EST) device. Cancelled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which Part 40 requires to be cancelled. A cancelled test is neither a positive nor a negative test. Collector: A person who instructs and assists individuals at a collection site, who receives and makes an initial inspection of the specimen provided by the individual, and who initiates and completes the Custody and Control Form (CCF). Controlled Substances: Any drug classified by the U.S. Drug Enforcement Agency (DEA) into the five schedules or classes on the basis of their potential for abuse, accepted medical use, and accepted safety for use under medical supervision. Medications containing any controlled substance must be prescribed by a physician who has a valid DEA license number. Designated Employer Representative: An employee or employees authorized by the company to take immediate action(s) to remove employees from safety-sensitive duties following a positive test, test refusal, or other policy violations. Dilute Specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine. Disabling Damage: Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. "Disabling damage" does not include: 3IPage 5 1 P ge The company has analyzed actual job duties performed, or may be called upon to perform, by all of its employees and has determined that the following job classifications are considered safety -sensitive for the purposes of this policy. • Drivers • Dispatchers • Mechanics 9 DRUGS TESTED FOR * Marijuana (THC) * Cocaine * Opioids • Codeine • Morphine • Heroin (6-AM) • Hydrocodone • Hydromorphone • Oxycodone • Oxymorphone * Amphetamines • Methamphetamine • MDMA (Ecstasy) • MDA * PCP 10 PROHIBITED BEHAVIORS 10.1 Illegal Drugs Unless legally prescribed, the prohibited drugs listed on Section 9.0 are illegal and employees are prohibited from consuming any of them at all times. Employees or independent contractors may be tested for illegal drugs anytime they are on duty or subject to duty. 10.2 Prescription or Over -the -Counter Medication Under STI policy, the appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, employees or independent contractors must notify their manager and may not perform any safety -sensitive function if their medication carries a warning label that mental functioning, motor skills or judgment may be adversely affected, unless the medication is being used in accordance with the instructions of a physician who has provided a written determination that the substance will not adversely affect the ability to safely perform safety -sensitive duties. ) A prescription is considered valid only if it is in writing and indicates the employee's or independent contractor's name, date, the name of the substance, quantity or amount to be taken, and the period of authorization. Prescriptions written by physicians who are not licensed by the U.S. Drug Enforcement Agency, or controlled substances obtained illegally outside the United States are not considered valid medical prescriptions under this policy. It is a violation of this policy to use any controlled substance in a manner that is inconsistent with the prescription. Any covered employee who violates this section of the policy is subject to disciplinary action, up to and including termination. 10.3 Alcohol Safety-sensitive employees and independent contractors are prohibited from consuming alcohol in any form: • while performing safety-sensitive functions; • within 4 hours prior to performing safety-sensitive functions; • while they are on call • Eight hours following an accident requiring a post-accident alcohol test, unless the test was completed within 8 hours. Alcohol tests are conducted only just before , during, and just after the employee's or independent contractor's performance of a safety-sensitive function . An alcohol test is considered a violation if the employee's or independent contractor's BAC is at 0.02 or greater. Under the company's own authority, the same prohibitions as stated above for both drugs and alcohol are applicable to non-safety-sensitive employees as well. 11 TYPES OF TESTING 11.1 PRE-EMPLOYMENT TESTING All applicants for employment or independent contractor status, or any employee or independent contractor transferring from a non-safety-sensitive to a safety-sensitive position will be required to undergo a pre-employment drug test at a time and place designated by the company. A verified negative drug test result must be received from the MRO prior to the employee being assigned to safety-sensitive functions. If a pre-employment test is cancelled , the individual will be required to undergo another test and successfully pass the test with a verified negative result. In accordance with the revised Part 40, the company will check on the drug and alcohol testing background of new hires and other employees and independent contractors beginning safety- sensitive work after obtaining the individual's written consent. This Background Check applies to applicants who worked for any DOT-regulated employer in the previous 2 years. If the individual refuses to provide the written consent, he/she will not be hired into the safety-sensitive position. In addition, if the individual has had a positive DOT pre-employment drug or alcohol test, or has refused such a test, within the previous 2 years he/she will not be hired until and unless the individual has provided a documentation of successful completion of the return-to-duty process, which includes a SAP referral , evaluation and treatment plan . Bl Page In addition, if the employee or independent contractor has not performed any safety-sensitive function for at least ninety (90) consecutive calendar days regardless of the reason and has been out of the random pool for this period, he or she must pass a pre-employment drug test before being allowed to return to safety-sensitive duties. 11.2 REASONABLE SUSPICION TESTING Whenever a supervisor has reason to believe that an employee or independent contractor has used a prohibited drug and/or engaged in alcohol misuse, reasonable testing will be conducted . The referral will be made by a trained supervisor based on the specific, contemporaneous, and articulable observations concerning the appearance, behavior, speech, or body odors of the employee or independent contractor. The supervisor who makes the referral need not be the individual's own supervisor, as long as he/she has received training in detecting the signs and symptoms of drug use and alcohol misuse. The supervisor's observations will be documented and such documentation shall be kept in the employee's or independent contractor's confidential drug and alcohol testing file. A reasonable suspicion alcohol test will be conducted only if the reasonable susp1c1on observation is made just before, during, or just after the employee's or independent contractor's performance of safety-sensitive function. Once a supervisor has made a reasonable suspicion determination, he/she must remove the individual from performing any safety-sensitive functions and arrange to have the individual accompanied to the testing site immediately. If the alcohol test is not conducted within two hours, reason for the delay must be documented and kept in the employee's or independent contractor's reasonable suspicion test file. All attempts to complete the alcohol test must cease after eight hours and the reason for the inability to conduct testing documented. 11.3 POST-ACCIDENT TESTING Any covered driver operating a public transportation vehicle at the time of an accident will be required to submit to drug and alcohol tests as soon as practicable after the accident. For purpose of this policy, "accident" is defined as an accident involving a public transportation vehicle where the result is: • An individual dies; • An individual suffers a bodily injury and immediately receives medical treatment away from the scene; • The public transportation vehicle (if bus, electric bus, van , or automobile) or any other vehicle(s) involved in the accident suffers a disabling damage as a result of the accident and is transported away from the scene by a tow truck or other vehicle. 11.3.1 Fatal Accidents Whenever there is a loss of human life, any surviving covered driver operating the public transportation vehicle at the time of the accident shall be tested for drugs and alcohol. Any safety-sensitive personnel not in the vehicle but whose performance could have contributed to the accident also shall be tested. 9IPage 11.3.2 Non-fatal Accidents Following non-fatal accidents, the covered driver operating the vehicle at the time of the accident shall be tested unless his/her performance can be completely discounted as a contributing factor to the accident. Any other safety-sensitive personnel whose performance could have contributed to the accident also shall be tested. 11.3.3 Other Post-Accident Testing Requirements Covered drivers involved in an accident that requires testing must remain readily available for testing, including notifying the company of their location if they leave the scene of the accident before testing to obtain emergency medical care, or to obtain assistance in responding to the accident. They will be considered to have refused to submit to testing if they fail to do so. Covered drivers are prohibited from using alcohol for eight hours following an accident or until the post-accident testing is completed, whichever occurs first. Every effort will be made to conduct alcohol testing within two hours after the accident. In the event the alcohol test is delayed beyond two hours, the company will prepare and maintain a record stating the reason(s) for the delay . If an alcohol test is not administered within eight hours following the accident, the company will cease all efforts to administer the test and document the reason for the inability to test. In the event a drug test is not administered within 32 hours from the time of the accident, the company will cease all attempts to administer the drug test and will document the reason for the inability to conduct testing. This requirement should not be construed to delay the necessary medical attention for injured people following the accident. If STI is unable to perform post-accident tests in accordance with FTA regulations, the company will use the post-accident test results administered by State or local law enforcement personnel under their own authority. This is acceptable only under limited circumstances and the test results must be obtained in conformance with State and local law. Whenever possible, covered drivers undergoing post-accident tests shall be escorted to the collection site. If this is not possible covered drivers may use their own form of transportation to get to the collection site within the prescribed time limits. 11.4 RANDOM TESTING As required by FTA regulations, safety-sensitive function employees and covered drivers are required to undergo random drug and alcohol tests to deter use of prohibited drugs and misuse of alcohol. The random selection will be conducted using a scientifically valid method, such as a random number table or a computer-based random number generator, which gives each covered employee or independent contractor an equal chance of being selected every time a selection is made. As is the nature of random selection, it is possible for some individuals to be tested several times in one year, and other individuals not to be tested for several years. Management does not have any discretion on who will be selected. A random alcohol test will be conducted only during, just before, or just after the employee's performance of safety-sensitive duties. Every effort will be made by the company to spread random testing reasonably throughout the calendar year, all days of the week, and all hours when safety-sensitive functions are performed . The testing dates and times are unannounced and employees or independent contractors are required to immediately proceed to the designated collection site following notification. 10 I Page ) STI will conduct random drug and alcohol tests at a minimum annual percentage of covered employees and independent contractors as required by the FTA. The rates are subject to change on an annual basis, depending on the industry-wide positive rate determined by the FTA from the annual reports submitted by covered employers. 11.5 RETURN-TO-DUTY TESTING STI has a zero tolerance policy, which means the disciplinary action for a first positive or test refusal is termination. However in the event that an employee who has previously violated the policy is allowed to return to work for any reason, he/she must complete a return-to- duty process prescribed by the SAP. This includes successful completion of the rehabilitation, treatment or education program outlined by the SAP, and obtaining a verified negative return-to- duty drug test and/or alcohol test under 0.02. In addition, all return-to-duty tests will be required to be collected under direct observation. 11.6 FOLLOW-UP TESTING In addition to the Return-to Duty test described in Section 11.5 above, an employee or independent contractor who previously tested positive, or refused to take a required test, shall be subject to follow-up testing for drugs and/or alcohol as prescribed by the SAP, for a minimum period of 12 months to a maximum of five years. As mandated by the FTA, the individual must undergo a minimum of six follow-up tests during the first 12 months of the individual's return to duty. Although they are both unannounced, follow-up testing is apart and separate from random testing. The duration and frequency of testing will be designated by the SAP, but the actual follow-up testing dates will be decided by the individual's manager or supervisor. In addition all follow-up testing will be required to be collected 1,mder direct observation. The employee or independent contractor is responsible for payment of all costs associated with follow-up testing. 12 DRUG & ALCOHOL TESTING PROCEDURES All DOT drug and alcohol tests required under this policy will be administered in accordance with the "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (49 CFR Part 40), as amended. Throughout the testing process, the privacy of the individual will be protected and the integrity and validity of the process will be maintained. The drug testing procedure will include a split specimen collection method, and a Federal Custody and Control Form with a unique identification number to ensure that the correct test result is attributed to the correct employee or independent contractor. An initial screening test using an immunoassay technique will be performed. If the specimen is positive for one or more of the drugs tested, then a confirmation test will be performed in accordance with Part 40 procedures, as amended. If the test is confirmed positive, the MRO will conduct a verification process, which includes giving the employee or independent contractor an opportunity to provide a valid medical explanation for the positive test result. Additionally, the laboratory will conduct specimen validity testing to determine if a urine specimen has been adulterated, diluted, or substituted. STI requires its employees and independent contractors to take a second test with no advance notice if the MRO reports a negative-dilute test result. Depending on the creatinine level reported by the lab, the MRO may 11 I Page order the second test to be collected under direct observation . Should this second test result in another negative-dilute, the test will be considered a negative. This will be the test of record and no additional testing will be required unless STI is directed to do so by the MRO. If the laboratory reports to the MRO an "Invalid Result" or' Rejected for Testing" (because of a fatal or uncorrectable flaw), a recollection may be required by the MRO and depending on the circumstances, the recollection may be directly-observed. The laboratory is required to keep positive, adulterated, substituted or invalid specimens for one year, or longer if requested. Records for each specimen and employer-specific reports are required to be kept for two years. The retention time may be extended upon written request by the MRO, STI, employee, independent contractor, or DOT agency. Tests for alcohol concentration will be conducted using an alcohol screening device and an evidential breath testing (EBT) device if the screen test is at 0.02 BAC or greater. A DOT Alcohol Testing Form will be used and a unique sequential number will be assigned to each test. Copies of the detailed drug and alcohol specimen collection procedures are available upon request from the Contact Person identified in Section 7.0 of this policy 13 DIRECTLY-OBSERVED URINE SPECIMEN COLLECTION Under the following circumstances, the employee or independent contractor will be directed to undergo an immediate urine specimen collection under direct observation with no advance notice: • If the laboratory reported to the MRO that a specimen is invalid and there was no adequate medical explanation for the result; • If the MRO reported that the original positive, adulterated, or substituted test result had to be cancelled because the split specimen testing could not be performed; • If the MRO reported a negative-dilute test result from the initial test with a creatinine level between 2 to 5 mg/di; • If the drug test is a return-to-duty or a follow-up test; • If the collector observes materials brought to the collection site or employee or independent contractor conduct that clearly indicates an attempt to tamper with a specimen; • If the temperature on the original specimen was out of range; or • If the original specimen appeared to have been tampered with. The observer shall be the same gender as the employee or independent contractor, but need not be a collector. The observer must request the individual to raise his or her shirt, blouse or dress/skirt, as appropriate, above the waist; lower clothing and underpants to mid-thigh, and to turn around to show the observer that he/she is not wearing any prosthetic or similar device that could be used to interfere with the collection process. If none is observed, the individual may return clothing to its proper position for observed urination. The observer is responsible for ensuring that the specimen goes from the employee's body into the collection container. If the employee declines to allow a directly-observed collection when required under this policy, it is considered a refusal to test. 14 MONITORED URINE SPECIMEN COLLECTION 12 I Page Under those circumstances when a multi-stall restroom has to be used for urine specimen collection and the facility cannot be adequately secured, the collector will conduct a monitored collection. The monitor shall be the same gender as the employee or independent contractor, unless the monitor is a medical professional. The monitor will not watch the individual void into the collection container. However, if the monitor hears sounds or observes attempts to tamper with a specimen, an additional collection under direct observation will be ordered. If the employee or independent contractor declines to permit a collection authorized to be monitored , the employee or independent contractor is considered to have refused to test. 15. SPLIT SPECIMEN TESTING After notification by the MRO of a verified positive drug test or refusal to test because of adulteration or substitution, the employee or independent contractor has 72 hours to request (verbally or in writing) a test of the split specimen . There is no split specimen testing authorized for an invalid test result. After 72 hours have passed, the request can be considered only if the employee or independent contractor can present to the satisfaction of the MRO information that unavoidably prevented the employee or independent contractor from making a timely request. Following the employee's or independent contractor's timely request, the MRO shall send a written request to the primary laboratory to forward the split specimen to a second DHHS- certified laboratory for testing without regard to the cut-off concentration . If the split specimen test fails to reconfirm the presence of the drug(s) or drug metabolite(s) that were present in the primary specimen, a validity test will be conducted. If the original test was reported adulterated, the second laboratory will test for the adulterant detected in the primary specimen. If it was a substituted test result, the laboratory will test for creatinine concentration and specific gravity values consistent with substitution criteria established in Part 40. If the second laboratory fails to reconfirm the substance detected in the primary specimen or the adulterant identified, or if the split specimen is unavailable for testing, the test shall be cancelled . The MRO shall report the cancellation and the reasons for it to the DOT , STI, the employee, or the independent contractor. In the case of the split specimen being unavailable, the employee or the independent contractor shall be directed, with no advance notice, to submit another specimen under direct observation. All costs related to split specimen testing will be paid by the employee or the independent contractor. The employee or independent contractor shall be reimbursed if the second test invalidates the original test or if the test was cancelled. 16 CONSEQUENCES Any safety-sensitive employee or independent contractor who has a verified positive drug test result, an alcohol concentration of 0.02 or above, or refuses to submit to a drug or alcohol test (including adulteration or substitution) shall be: 1. Immediately taken out of safety-sensitive duty; 2. "Referred to at least 2 SAPs or a substance abuse counselor for (alcohol result below .04) for evaluation, education or treatment and provided educational materials." At STl's discretion, non-safety-sensitive employees also may be removed from duty and referred to a substance abuse counselor. 13I Page FTA regulations allow individual employers to determine the discipline to be imposed on employees who violate the FTA regulations or company policy . It is the policy of STI to terminate safety-sensitive employees or independent contractors after a first violation. Non-safety-sensitive employees may be allowed to return to work provided they successfully complete the return-to-duty process discussed in Section 11.5. Such employees will be subject to follow-up testing at their own expense. Any subsequent drug and alcohol policy violation will result in immediate discharge. 17 REFERRAL, EVALUATION AND TREATMENT If an employee or independent contractor (including an applicant) tests positive for drug(s) or alcohol or refuses to submit to a test when required , STI shall advise the employee or independent contractor of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse and document such referral. The Employee or independent contractor shall be given the names, addresses and phone numbers of SAPs acceptable to the company and a list of community hot line numbers. The individual will be responsible for any costs associated with the SAP evaluation and any recommendation(s). 18 CONFIDENTIALITY AND ACCESS TO FACILITIES AND RECORDS Employees and independent contractors have a right to examine their own drug and alcohol testing records, provide information to dispute the results, and have access to any pertinent data such as EBT calibration or drug testing laboratory certification. They also have a right to obtain a copy of their own drug and/or alcohol testing results by submitting a written request to the Drug and Alcohol Program Manager identified in Section 7 of this policy. STI will do everything possible to safeguard the confidentiality of drug and alcohol testing records and protect the privacy of the individuals tested. Individual test results or medical information will be released to third parties only with the employee's or independent contractor's specific written consent, or to those parties authorized by the DOT or FT A to receive such information without the employee's or independent contractor's consent. Specific written consent applies only to a particular piece of information released to a particular person or organization at a particular time. Blanket releases are specifically prohibited by DOT. The employee's or independent contractors' written consent is not required in administrative or legal proceedings such as: • A lawsuit, grievance, or administrative proceeding brought by, or on behalf of the employee or independent contractor, resulting from a positive drug or alcohol test or a refusal to test; or • A criminal or civil action resulting from an employee's or independent contractor's performance of safety-sensitive duties where the alcohol or drug test information is deemed relevant. Access to the company facilities and drug and alcohol program records also must be provided, without the employee's or independent contractors' consent, to DOT or FT A agency representatives; the National Transportation Safety Board as part of an accident investigation; or a Federal, state or local safety agency with regulatory authority over the Company or the employee or the independent contractor; state or grantee required to certify to FTA compliance with 49 CFR Part 655 and Part 40. Also, on June 13, 2008, DOT adopted a rule authorizing 14 I Page employers and TPA's to disclose to state commercial driver licensing (CDL) authorities the drug and alcohol violations of employees who hold CDL's and operate commercial motor vehicles, when a State law requires it. 19 DRUG-FREE WORKPLACE ACT of 1988 (DFWA) REQUIREMENTS Under the DFWA, employees are prohibited from the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace. Employees are required to notify management in writing of any criminal drug statute convictions he/she receives for a violation occurring in the workplace , no later than five calendar days after such a conviction. Within 10 calendar days of receiving such notice, ST/ shall provide written notification of the conviction to the FTA. Within 30 calendar days of receiving notice of the convicf;on, the company shall take appropriate disciplinary action, or require the employee to participate and successfully complete a drug rehabilitation program Approved By: ~------- Jasdffsnow-- Vice President/COO 15 I Pag e SAFETY AND TRAINING PROGRAM POLICY AND PROCEDURE REVISED Redacted due to Proprietary or Confidential Information (PDF Pgs. 182-214) 1 CUSTOMER SERVICE HANDBOOK Transit Division This handbook supersedes all other Customer Service Handbooks only January 2011 FORM 300-002 2 A. General Rules At times, situations not covered by these rules, the Employee handbook, Code of Safe Practices, and the Injury and Illness Plan may arise. Reservation Agents and Dispatcher (CSR’s) must exercise good judgment when encountering these situations. All such situations must be reported to a dispatch or a supervisor. 1. Knowledge of Rules and Procedures A CSR must become familiar with all rules and regulations. Ignorance of rules, procedures, special orders and/or instruction will not excuse negligence or omission of duty. When necessary, CSR’s must seek guidance from the lead dispatch or supervisory personnel regarding clarification of any procedure or special instruction. 2. Special Orders and Instruction Special orders and instructions supersede all above mentioned rules and regulations contained herein and are to be obeyed while in effect. Special orders and instruction may be issued in the form of; • Bulletins • Notices • Memos • Schedule letters 3. Compliance with instructions Operators must accept responsibility for and carry out the oral or written instruction of any authorized STI representative. Authorized STI representatives may include; • Dispatch • Road Supervisor • Safety and Training manager • Project or General Manager • President, Vice President, and/or Director 4. Bulletin Boards, Mailboxes Operators must consult the bulletin boards and check their mailbox, if provided, before and after each day’s assignment. Upon return from any absence from duty, an Operator must consult the bulletin board for updates and changes. The addition of, defacement of, or unauthorized removal of, any material posted by STI is considered gross misconduct, and is grounds for disciplinary action. 3 5. Laws and regulations At no time may a CSR instruct an Operator to maneuver their vehicle in a way that is against the law. This includes, but not limited to speeding, u-turns, and over capacity. 6. Cooperation with Law Enforcement & Fire Department Agencies CSR’s must cooperate with law enforcement and fire department agencies. If such cooperation creates a dangerous situation or departure from an established STI procedure, notify the appropriate supervisor. The CSR must submit a report regarding the incident at the end of their work assignment. B. POLICY All staff, i.e. CSR’s, Dispatcher, must answer the telephone in a standard, professional manner, ensuring consistent, polite, and quality service. 1. CSR’s are required to follow standard telephone answering procedures when answering the phone. 2. Must allow adequate time for each individual calling and not rush through the call. 3. CSR’s must be ready to answer the call. The CSR may not answer the call and immediately put the caller on hold. 4. The initial call is to be answered with “Good [morning/afternoon, as appropriate]; “(name of Service), how may I help you?” 5. If caller asks for a specific CSR, try to handle the inquiry directly and not transfer the caller. 6. If the caller asks to speak to a manager or someone higher up, refer the caller to an available supervisor. 7. Placing a caller on hold: If a caller must be put on hold, tell the caller that they are being placed on hold and why. Remember to ask the callers’ permission and to wait for an answer. 8. Taking a transferred call: When accepting a transferred call, provide a short introduction such as, “This is [your name], how may I help you?” 9. Each contract has their own reporting procedure. Each CSR must obtain the information in the form of an addendum. B. SAFETY 1. Reporting for Duty When reporting for duty, CSR’s must be in proper uniform and fully equipped to work at the time and place determined by their assignment or as instructed by supervisory personnel. 4 2. Supplies CSR’s must obtain all the supplies required to perform their assignment and must secure them properly. 3. Service Delays When an Operator contacts Dispatch because of a service delay, the call must be logged in the Call Center Book. Every attempt must be made to help the Operator to make up their time. If the time can not be made up, contact a supervisor immediately. The time notified of the delay and time notified that they are back in service must be documented in the Book. 4. Running Time Speed must be governed so that Operators arrive at time points safely and on schedule. 5. Litter All litter must be disposed of properly in trash receptacles. 6. Unattended Buses Dispatch must document or acknowledge when an Operator calls stating that they or leaving their vehicle and when they return. 7. Freeway or City Emergency If a vehicle becomes disabled on a freeway or in a city, the Dispatcher must notify maintenance and a supervisor immediately. In some cases notifying the CHP may be appropriate. 8. Operating While Ill or Fatigued If an Operator calls stating that they are ill, every attempt must be made to find a replacement Operator and a supervisor must be notified. 9. Animals on Board the Bus Each contract that STI operates has different rules regarding transporting animals. Check with your General/Project Manager for rules governing transporting of animals. Service animals are allowed with no exception. If other animals are permitted to be transported, they must be transported in a suitable carrier. 10. Reporting Accidents or Incidents If an operator is involvement in any accident or incident, whether actual or alleged, it must be reported to a supervisor immediately. An accident/incident report must be completed at the end of the shift. 5 11. Request for Assistance Any request for emergency assistance must be made through dispatch. An Operator may personally request the assistance of a law enforcement officer located at the scene; however, notify dispatch immediately after. 12. Striking a Fixed Object or Unattended Vehicle If a STI vehicle strikes a fixed object or an unattended vehicle, a reasonable effort must be made to locate the property owner or driver of the vehicle. If unable to locate have the Operator leave a note providing their name, vehicle number, and their facility address. An accident/incident report must be completed at the end of the shift. 13. Witness Reports Operators who witness an accident must report the incident to dispatch and submit an incident report upon completion of their assignment. 14. Disabled Bus Outside of yard An Operator notifies dispatch of a disabled vehicle, Dispatch mist immediately contact maintenance and a supervisor. If mechanical assistance or a supervisor does not arrive within 30 minutes, call the Operator again and continue to do so at 30 minute intervals until assistance arrives for an update. If a mechanic arrives and repairs or replaces the vehicle prior to the arrival of a supervisor, note it on the Daily Rollout Sheet. C. APPEARANCE 1. General Statement STI’s public image is largely influenced by the appearance of its employees. CSR’s must maintain a neat, clean, and professional appearance at all times. 2. Reporting for Duty When reporting for duty, an operator must appear neat, clean, and orderly and dressed in a complete uniform. 3. Dress Code All CSR’s must follow the company dress code and any contractual code. D. OPERATOR/CUSTOMER RELATIONS 1. Customer Relations Keeping in mind all the rules and procedures, CSR’s are to provide at a minimum, continual service. Continual service is: • Operating safely while striving for reliable service. • Greeting customers/acknowledging their patronage. • Fair/consistent treatment of all customers. 6 • Being prepared to assist customers with special needs. • Answering questions/providing informational material. • Maintaining a clean and safe bus. 2. Deviating from Procedures CSR’s may encounter situations that require deviating from prescribed procedures. When these situations arise, operators are to consider their safety and that of their customers and the equipment. CSR’s will use their best judgment to decide what procedure best serves the customer but never violating or compromising basic rules and safety practices. Contact dispatch if a situation requires it. 3. Fair and Consistent treatment of Customers Operators are required to treat all customers in a consistent, courteous, respectful, and professional manner at all times. 4. Greeting Customers Operators are required to greet all customers. 5. Reliable Service CSR’s should strive for delivering reliable courteous, service. E. COMMUNICATION 1. General Statement This section contains specific rules governing safe and efficient communication. Operators must use good judgment when dealing with situations that may require the use of the radio. Situations arising not covered in this section should be reported to dispatch. 2. Radio Conduct Vehicle equipped two-way radio system falls under the direction of and regulated by the Federal Communications Commission (FCC). Operational conduct prohibited by federal law includes: • Use of obscene or profane language. • Unauthorized use of messages. • Excessive, false, or deceptive signals or communications. • Unauthorized calls sign. • Tampering CSR’s bear the responsibility to project a positive image by transmitting clear concise messages via radio. Unnecessary comments, slang terms, and profanity are prohibited. 7 3. Radio restriction CSR’s must never: • Request that Operators give customers information over the handset or radio speaker. • Allow the use of the radio system by unauthorized persons. • Disclose the radio’s characteristics or emergency features to customers or other unauthorized persons 4. Telephone Communications When an CSR is unable to contact an Operator via radio, he/she should document the incident and never contact the via cellular phone unless it is an emergency. Contact your General/Project Manager. 5. Cellular Phone Use CSR’s are forbidden to use a cell phone while on duty in the Call Center. This also includes the use of Hands-free devices. A CSR must never contact an Operator via cell phone while they are driving. 6. Dispatch System and MDT Use CSR’s must input all information correctly into the dispatch system. Unless instructed otherwise, all dial-a-ride trips must be inputted and dispatched through the dispatch system. ADDENDUMS Each contract operates with different rules and regulations; therefore every CSR must check with their General/Project Manager for current addendums. The addendums will list all contract related rules and regulations that must be followed. 8 ACKNOWLEDGMENT AND RECEIPT OF CUSTOMER SERVICE HANDBOOK I have this day received a copy of the Southland Transit, Inc., Transit Division Customer Service Handbook. I understand the Handbook contains important information on the company’s general personnel policies and on my privileges and obligations as an employee. I understand that I am expected to read, understand and adhere to company policies and to familiarize myself with the material in the Handbook. If I should have questions about the contents of this Handbook I may direct questions to a company representative. I agree to abide by the policies and procedures contained herein. I understand that the policies contained in this employee handbook may be added to, deleted or changed by the company at any time. The company will advise employees of material changes within a reasonable time. Failure to comply could result in disciplinary actions including termination of employment. EMPLOYEE NAME _______________________________________ SIGNATURE _______________________________________ DATE_____________________ 2013 ACCIDENT/INCIDENT PREVENTION MANUAL Setting the Standard for Community Transit in Southern California MEMO TO: ALL EMPLOYEES FROM: SCOTT TRANSUE VICE PRESIDENT/COO DATE: NOVEMBER 1, 2013 SUBJECT: ACCIDENT/INCIDENT PREVENTION PROGRAM The attached Accident/incident Prevention Program was created to provide safe, courteous, clean, reliable, and effective on-time service to our passengers. The safety of the services we operate is of paramount concern. Our goal is to provide transit patrons and employees with the highest degree of safety that is practical. As a result, all Southland Transit Personnel are charged with the responsibility of ensuring the safety of passengers, employees, property, and those who come in contact with the system. The Director of Safety & Training is authorized and directed to develop, implement, and administer a comprehensive and coordinated system safety program to prevent, control, and resolve unsafe conditions which may occur. It is the responsibility of each Southland Transit employee to cooperate with the Director of Safety and Training and provide her with any requested information to assist in any investigation or inspection that is being conducted. I look forward to everyone’s cooperation with this as we work to improve our safety culture within the company. Sincerely, Scott Transue Vice President/COO STI Accident/incident Prevention Manual Page 1 Setting the Standard for Community Transit in Southern California 1. INTRODUCTION A fundamental goal of our services is to provide passengers and employees with the highest level of safety that is practical and consistent with the mission of the transit system we operate. Accomplishing this goal with any degree of efficiency requires us to develop and implement a comprehensive safety program. This program will address the three primary safety functions of a transit system, which are as follows: 1. to prevent the occurrence of accidents/incidents. 2. to respond to and recover from accidents/incidents, 3. and to learn from accidents/incidents that occur. 1.1 PURPOSE AND SCOPE This manual identifies safety issues that must be addressed and resolved in order to provide passengers, employees, and the general public with the highest degree of safety that is practical. Included in this document is guidance on the following safety issues: 1. Development and implementation of an accident/incident prevention program 2. Selection, training, evaluation and, if necessary, termination of transit system employees 3. Promotion of patron safety/awareness 4. Design options available in the vehicle procurement phase that will prevent accidents/incidents 5. Development of safety policies and procedures This guidance is intended for managers, safety directors, and operations staff. 1.2 BACKGROUND The implementation of a comprehensive accident/incident prevention program will result in a reduction in accidents/incidents, and therefore, a reduction in casualty claim costs, vehicle repair costs, and the cost of insurance premiums. In addition, it will also reduce the number of employee and passenger injuries. A properly designed accident/incident prevention program, after development and implementation, will NOT cost money but save money. The primary purpose for the existence of our services is to move people safely. In order accomplish this goal, we must be able to identify all hazards in order to eliminate, minimize or control them, and identify all safety-related responsibilities, delegating these STI Accident/incident Prevention Manual Page 2 Setting the Standard for Community Transit in Southern California responsibilities to the proper units within the organization and providing these units with the resources to carry out their assigned responsibilities. We have the responsibility of applying operating, technical, and management techniques and principles to the safety aspects of the system throughout its life cycle to reduce hazards to the lowest practical level through the most effective use of available resources. This process is known as system safety. Accident/incident prevention is a priority of every bus operation. Generally, practices that are used to prevent accidents/incidents and promote safe driving fall into one of three categories. • Safety Management—including training, incentives to reward good performance, progressive discipline for adverse performance, operator selection, operator work rules and procedures, labor, safety awareness, and intervention for employees at risk. • Management—including accident/incident data tracking and analysis, accident/incident investigation, public and passenger education, hazard identification and resolution, safety inspections, safety committees, and supervision. • Operations—including bus stop location and design; route selection and scheduling; use of checkers on buses; and technology applications, such as cameras on buses, “black box” recorders, daytime running lights, and dual mirrors. Specific practices that are used to prevent accidents/incidents and promote safe driving vary widely among transit systems, although most systems use all three types noted previously to some extent. There is no comprehensive inventory of such practices for operators to readily reference, nor have best practices been evaluated in a systematic manner. SCOPE The phrase “accident/incident prevention practices” covers a very wide range of activities at the typical transit system. The first three categories below deal directly with the bus operator— the obvious focus of most bus accident/incident prevention practices. The last four categories deal more indirectly with the bus operator. Descriptions of all categories follow. 1. Driver selection and hiring refers to practices used to identify and attract potential candidates who have the proper skills and aptitude to become a safe and competent bus operator. STI Accident/incident Prevention Manual Page 3 Setting the Standard for Community Transit in Southern California 2. Driver training refers to the initial training of new operators, regularly scheduled refresher training, and retraining triggered by one or more preventable accidents/incidents or observation of driving problems by supervisory personnel. 3. Safe driver incentive practices refers to practices intended to reward bus operators for safe driving (i.e., for having no preventable accidents/incidents within a specific time period). 4. Customer safety practices refers to practices that help a passenger avoid personal injury accidents/incidents while boarding, riding, or exiting a bus. Many of these practices target passengers with disabilities. 5. Management practices refers to activities that ensure that management is fully aware of bus accident/incident trends and that identify specific problems with individual operators or types of buses. Examples include safety audits, ride checks, computerized accident or incident databases, safety committees for accident/incident review, and practices for “accident/incident repeater” drivers. 6. Bus technology safety improvements refers to practices that enhance passenger safety and reduce accidents/incidents by increasing the visibility of the bus for pedestrians and for the drivers of other vehicles. Examples include low- floor buses, improved doors and door controls, improved driver vision through mirrors and lighting, high-visibility brake lights and warning signs, and daytime running lights. 7. Operating environment practices refers to practices that help create a safer operating environment for buses. Providing Incentives for Safe Driving Southland Transit, Inc. (STI) will provide safety awards to recognize bus operators and maintenance employees who work accident/incident free. The awards include safety pins or patch and certificates, jackets, and a watch, depending on the number of years of accident/incident-free driving. The minimum criterion for the first patch (i.e., the 1-year safe driver patch) is 1 calendar year without a preventable accident/incident. Subsequent awards are based on each additional calendar year without a preventable accident/incident. STI recognizes an employee each month as employee of the month. This employee is nominated by his or her peers for excellent job performance and accomplishments. The employee of the month shall receive a certificate; STI Accident/incident Prevention Manual Page 4 Setting the Standard for Community Transit in Southern California • dinner for two; • a special parking spot for the month; • and a c ommendation from the Project Manager. The employee of the month then becomes eligible to be selected as the employee of the year. The employee of the year shall receive a plaque; • a $100 gift certificate; • and other recognition at the annual Company Safety Banquet STI shall sponsor an annual safety banquet. The purpose of this banquet is to honor bus operators and maintenance employees who have worked accident/incident free for the past year. During the banquet, the employees of the month are recognized and the employee of the year is announced. Monitoring and Managing Bus Operator Safety Performance Each Project Manager is required to make safety ride checks with each of their employees twice a year. During the ride check, the manager observes the operator’s safety habits, appearance, customer relations, and general operation of the bus. At the conclusion of the ride check, the manager reviews the results with the operator and discusses any recommendations that may be necessary. The ride checks help improve the rapport between managers and bus operators. The Safety Director also makes ride checks when an operations supervisor makes a recommendation. Operations supervisors provide on-street supervision of the STI transit operations. The supervisors are responsible for overseeing STI operations and for ensuring that all safety- related operating policies are adhered to. Supervisors routinely take corrective action to solve observed problems. In addition to supervising the bus operators, the supervisor also takes care of other safety-related problems (e.g., alerting operators about poor weather and road conditions, inspecting detours, and reporting traffic problems). Employees are required to report all accidents/incidents at the time of occurrence. Employees are required to report collision accidents/incidents, passenger accident/incidents, witnesses, vandalism, discovered vehicle damage, student misconduct, work-related injury, and passenger problems. All reports are reviewed and investigated by supervisory personnel, at which time the Project Manager will assign a preliminary point value to the report. The Project Manager will also make a preliminary determination on whether the accident/incident was preventable or non-preventable. After reviewing the investigative material, including the Project Managers determination of points and preventablity a three-member, accident/incident judging committee will provide the Project Manager with a final point count and determination of preventablity. STI Accident/incident Prevention Manual Page 5 Setting the Standard for Community Transit in Southern California This committee is comprised of the Safety Director, a Project Manager, and a Risk Manager. Determinations are based on written standards for defensive driving. Employees are then given written notification of the determination. STI has a strict disciplinary code for excessive preventable accidents/incidents that occur within a consecutive twelve (12) month period, as follows: ACCIDENT/INCIDENT REVIEW 1. The operator is off for the remainder of their shift. The time will be paid at their regular rate of pay. 2. If the collision involved another party resulting in property damage over $250.00 and/ or injury, the operator is off pending accident/incident review. 3. The review shall take no more than two (2) days. Example, collision on Monday, the driver is off and the review must be completed by the end of the day on Wednesday with the operator being notified of the results. - If the results were non-preventable, the operator will be compensated at their regular wage for the missed days. - If the collision was deemed preventable, the operator will not be compensated for missed work and will face disciplinary actions as stated below. DEFINITIONS • NON-PREVENTABLE The operator did everything reasonable to prevent the collision • PREVENTABLE The operator did not do what was reasonable to prevent the collision CLASSIFICATION • 1 point o A preventable collision resulting in property damage less than $250.00 with no bodily injury. • 2 points STI Accident/incident Prevention Manual Page 6 Setting the Standard for Community Transit in Southern California o A preventable collision resulting in property damage of more than $250.00 but less than $1500.00 or bodily injury. Any vehicle being towed from the scene. • 3 points o Any collision resulting in severe property damage, severe injury, or as a result of operator negligence. Any preventable wheelchair incident. DISCIPLINE 1. 1 POINT collision will result in a written warning. 2. 2 POINT collision will result in a written warning and suspension without pay with the possibility of termination of employment. 3. 3 POINT collision will result in automatic termination of employment. ACCUMULATION • Accumulation of 3 points within a floating 12 month period will result in termination of employment. The company has the right at any time to terminate employment for any and all collisions and incidents. STI’s safety and training department has formulated a series of questions that help determine preventability and also help teach operators the meaning of defensive driving. The supervisor or other individual responsible for determining preventability is instructed to gather the facts about an accident/incident and then apply the questions when making the determination. STI’s definition of defensive driving, as contained in the instructions accompanying the use of the interview questions, provides clear guidance to both operators and supervisors. These instructions include the following text: A defensive driver is one who makes allowances for the lack of skill and lack of knowledge on the part of the other driver, who recognizes that he has no control over the un- predictable actions of other drivers and pedestrians, nor over conditions of weather and road, and who, therefore, develops a defense against all these hazards; STI Accident/incident Prevention Manual Page 7 Setting the Standard for Community Transit in Southern California I. Intersection Accidents/incidents 1. Did our operator approach the intersection at a speed safe for the conditions? 2. Was the operator prepared to stop before entering the intersection? 3. At a blind corner, did the operator pull out slowly, ready to shift their foot to the brake pedal? 4. Did the operator make sure the other driver would stop for a traffic light or stop sign? 5. Did the operator obey all traffic signs? 6. Did the operator signal well in advance of his change in direction? 7. Did the operator turn from proper lane? 8. Was the operator alert for the turns of other vehicles? 9. Did the operator avoid overtaking and passing in the intersection? 10. Did the operator refrain from jumping the starting signal or riding through the caution light? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. II. Hit Other in Rear 1. Was our operator maintaining the safe following distance, namely one bus-length for every 10 miles per hour of travel, which should be doubled at night and doubled again in wet weather? 2. Was the operator keeping their eyes and mind ahead of the car ahead? 3. Did the operator approach the green traffic light cautiously, expecting the driver ahead to stop suddenly on the signal change? 4. Did the operator keep from skidding? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. III. Backing Accidents/incidents STI Accident/incident Prevention Manual Page 8 Setting the Standard for Community Transit in Southern California 1. Was it necessary to back? a. Did our operator have to park so close to the car ahead as to require backing to leave the parking space? b. Was it necessary to drive into the narrow street, dead-end street, or driveway from which the operator backed? c. Did he back immediately after looking? 2. Did the operator use his horn while backing? 3. Did the operator look to the rear without depending on the rear vision mirror? 4. If the distance was long, did the operator stop, get out, and look around occasionally? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. IV. Pedestrians 1. Did the operator drive through congested sections expecting that pedestrians would step in front of his bus? 2. Was the operator prepared to stop? 3. Did the operator keep as much clearance between his vehicle and parked cars as safety permitted? 4. Did our operator refrain from passing vehicles that had stopped to allow pedestrians to cross? 5. Did the operator refrain from jumping the starting signal or riding through the caution light? 6. Was the operator aware of groups of children, and was he prepared to stop if one ran into the street? 7. Did the operator give all pedestrians the right-of-way? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. V. Pulling from Curb STI Accident/incident Prevention Manual Page 9 Setting the Standard for Community Transit in Southern California 1. Did the operator look to front and rear for approaching and overtaking traffic immediately before starting to pull out? 2. Did the operator look back rather than depend upon rear vision mirror? 3. Did the operator signal before pulling from curb? 4. Did the operator start out only when his action would not require traffic to change its speed or direction in order to avoid him? 5. Did the operator continue to glance back as he pulled out? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. VI. Skidding 1. Was our operator driving at a speed safe for condition of weather and road? 2. Was the operator keeping at least twice the safe following distance for dry pavement; one bus length for every ten miles per hour of speed? 3. Were all the operator actions gradual? 4. Was the operator expecting or alert for loose gravel, grease, oil, etc.? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. VII. Parked 1. Was our operator parked on the right side of the street? 2. Was it necessary to park near the intersection? 3. Did the operator have to park on the traveled part of the street, on the curve, or on the hill? 4. Where required, did the operator warn traffic? 5. Did the operator park parallel to curb? 6. Was it necessary to park so close to alley or directly across from driveway? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. STI Accident/incident Prevention Manual Page 10 Setting the Standard for Community Transit in Southern California VIII. All Others 1. Could our operator reasonably have done anything to avoid the accident/incident? 2. Was the operator speed safe for the conditions? 3. Did the operator obey all traffic signals? 4. Was the operator vehicle under control? IF THE ANSWER TO ANY QUESTION IS “NO,” OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. Specialized Safety Practices A bus damage reduction program initiated in December 2013 The purpose of this program is to eliminate all blind (i.e., unreported) accidents/incidents and to promote safe driving. Each bus is repaired and made damage free. When a bus is damage free, a blue sticker is placed in the front wind - shield. When a bus operator is assigned a bus with a blue sticker, they are required to report any discovered damage prior to leaving the garage. When the vehicle is returned to the yard, designated personnel will inspect each vehicle and report any damage. This covers all vehicles from relief to maintenance to buses and minivans. 2. DEVELOPING AN ACCIDENT/INCIDENT PREVENTION PROGRAM An efficient, successful approach to the prevention of accidents/incidents involves the establishment of a pro-active safety program that includes the systematic identification of potential accidents/incidents and the implementation of preventive actions. Preventing the occurrence of accidents/incidents requires the identification and resolution of hazards and potentially unsafe conditions. This can be achieved through the adoption and implementation of the system safety concept. An effective response to accidents/incidents can be accomplished through the adoption and implementation of the emergency preparedness concept. Learning from the accident/incident is accomplished through the accident/incident investigation process. At the completion of the investigation, that which has been learned should be integrated into the safety and training program to ensure that the accident/incident does not occur again. The following sections discuss the development and implementation of the system safety concept and program and their important roles in an accident/incident prevention program. STI Accident/incident Prevention Manual Page 11 Setting the Standard for Community Transit in Southern California 2.1 ACCIDENT/INCIDENT PREVENTION THROUGH SYSTEM SAFETY As stated, a safety program must be proactive, and safety hazards must be identified and resolved prior to the occurrence of accidents/incidents. Establishing a proactive safety program can be accomplished through the adoption and introduction of the system safety concept. System safety is defined as the application of special technical and managerial skills to the systematic, forward-looking identification and control of hazards throughout the life cycle of a project, program, or activity. This process spans the entire system life cycle and begins during the acquisition (concept definition, design, construction, and inspection/testing/certification) and operation (operation, training, maintenance, modification, and disposal) phase of the system life cycle. 2.2 IMPLEMENTATION OF A SYSTEM SAFETY PROGRAM Preventing accidents/incidents is the responsibility of all personnel, up to and including the VP/COO and CEO. The fundamental aim of system safety is to ensure that all transit personnel practice a proactive approach to safety. The system safety programs are established and documented in order to ensure that the safety program is proactive and that all personnel understand and respond appropriately. The first step in the establishment of the system safety program is obtaining the commitment of the top management. Once management commitment is obtained, the Safety Director responsible for coordinating, developing, and implementing the safety program should ensure that it clearly recognizes the safety role and responsibilities of each employee of the transit system. The purpose of the program is to provide the transit system patrons and employees the highest degree of safety possible by minimizing the risks to which they and the equipment are exposed. The safety staff should emphasize this purpose when explaining and justifying to other transit departments their involvement in the system safety program. 2.2.2 System Safety Program Plan The system safety program plan is the written plan that documents the implementation and operation of the system safety program. It is intended to guide the implementation of the program and to document the roles and responsibilities of all individuals and departments within the transit system. The system safety program plan should be a dynamic document that is continually referred to and revised as the program is modified. To accomplish this, the plan should be brief and to the point. A long tedious document will not be of assistance to the transit system as people tend not to utilize it after development. An example of the table of contents of a system safety program plan is as follows: STI Accident/incident Prevention Manual Page 12 Setting the Standard for Community Transit in Southern California • Policy and introduction. • Brief description of the system. • Safety roles and responsibilities of all transit system personnel. • Detailed discussion of the role and responsibility of the safety officer and/or department. • Process that is employed to be proactive in identifying and resolving hazards. • Process for monitoring and revising the system safety program. This should include a schedule for the implementation. 2.3 THE PROACTIVE PROCESS The identification of hazards and potential accidents/incidents is the responsibility of all transit system employees. The mechanism by which potential accidents/incidents are identified will, however, differ depending on the roles and responsibilities dedicated to system safety. The safety officer or safety staff will have the primary responsibility and work with other transit system personnel to continually identify and resolve hazards and potential accident/incident conditions. There are four basic alternative methods of identification that must be employed to identify hazards and potential accidents/incidents. These methods are: • Examination of data from previous accidents/incidents or operating experience Review of generic hazard checklists • Judgement of knowledgeable individuals, i.e., transit personnel, outside experts, etc.; case studies of accident/incident; scenarios • Formal hazard analysis techniques With the exception of the checklists, the initial step in identifying the hazards in each of these methods is to identify the accident/incident that may result if the hazard(s) is not eliminated or controlled. For the purposes of this discussion, the identified accident/incident events are the safety issues that must be resolved to provide the passengers, employees, and general public with the highest level of safety practical. 2.3.1 Data From Previous Accidents or Incidents Examination of previous accident/incident/incident experience can provide insight into what has happened in the past. Staff will investigate each accident/incident and periodically conduct a detailed examination of their operating experience and accident/incident data. This examination will serve to identify the hazards that led to the accidents/incidents and how those hazards may be resolved; thus, preventing future accidents/incidents. Failure to review accident/incident history and learn from it will result in a reoccurrence of those accidents/incidents. STI Accident/incident Prevention Manual Page 13 Setting the Standard for Community Transit in Southern California Identification of hazards through a review of previous accident/incident data or experience is an important step in the resolution of potential safety hazards. However, a review of past accident/incident data does not provide a complete analysis of hazard identification, because the hazards identified will be limited only to those that caused previous accidents/incidents. New and potential hazards will not be identified. Furthermore, in the reporting and investigation of accidents/incidents, if the pertinent information isn't collected and the incident isn't classified by type and the details of its occurrence, it will not be possible to use the results to improve vehicle procurement, employee selection, operations, or transit safety nationally. A review of data on incidents that did not result in a accident/incident, but easily could have. Research on transit accidents/incidents has demonstrated that, for almost every type of accident/incident, there is a recognizable pattern or chain of events leading up to its occurrence. For example, a bus operator with a drinking problem will probably have several minor collisions or other infractions on his/her driving record that suggest the nature of his/her problem. If these records are reviewed, this employee can be identified before a major accident/incident occurs. Likewise, mechanical difficulties, such as failure of a brake light or turn signal, can be discovered during an inspection before they cause an accident/incident. If a transit system can recognize and respond to these difficulties quickly and efficiently, they can prevent accidents/incidents. 3. THE ROLE OF EMPLOYEES AND PATRONS IN BUS ACCIDENT/INCIDENT PREVENTION The prevention of accidents/incidents is the responsibility of every employee! Safety is a daily process that involves planning and foresight rather than reports and reactions after accidents/incidents occur. Employees are the key to providing safe transit operations. It has been estimated that approximately 85% of all bus accidents/incidents each year occur as the result of human error. If a bus system wants to prevent accidents/incidents, personnel hiring and training are perhaps the two most important issues to be addressed. This chapter discusses several requirements bus systems should consider when hiring personnel and designing training programs that will result in accident/incident prevention. It also stresses the importance of refresher and accessibility training and contains a section on ways in which to train patrons to improve their awareness and safety. 3.1 SCREENING AND HIRING QUALIFIED PERSONNEL Transit employees, especially individuals hired to assist and transport passengers, play a crucial role in providing safe transportation. Quite often, it may be difficult to hire employees who are motivated and dedicated because of low wage rates or the location STI Accident/incident Prevention Manual Page 14 Setting the Standard for Community Transit in Southern California of operation. The ability of the employee to perform job duties effectively and safely often becomes secondary. In adopting this approach the system may be putting the employee, the passenger, and the fiscal integrity of the system at risk. Before we decide upon its criteria for hiring personnel, the system needs to determine exactly what services it requires of its personnel, and exactly what level of skill is necessary to perform those services. Most transit systems have minimum standards for the physical and mental capabilities of applicants. In addition, the Americans with Disabilities Act (ADA) requires that capability standards be based on the performance and duties required by a specific position and not on the physical and mental capabilities of the person. Transit personnel, especially bus operators and dispatchers, must have certain skills in order to successfully perform their jobs. Requiring the presence of these skills does not violate state or federal laws. However, when establishing such criteria the following conditions must be followed: • The physical and mental criteria used by the transit system are proven job- related or required by law, such as CDL. • Any testing utilized to determine physical or mental capacities of the applicants must be proven to accurately measure those functions which are job-related, i.e., the test cannot just test reading ability. • All required tests are given to all prospective employees within that job classification. • The position requirements and the skills required to perform them are stated clearly in the transit agency's personnel policies. These requirements must be applied equally to all driver candidates. • A specific doctor or group of doctors to give all driver physicals. This ensures that a consistent and legitimate physical is provided. Transit systems can establish with the doctor the appropriate physical for the driver if the DOT physical is not used. • Due to the aging process, the transit system may want to establish additional components to the physical for all drivers after the age of 45. Job descriptions should be reviewed and developed prior to advertising the position or interviewing applicants. • Examination of the position duties and objectives is crucial in order to make a determination of the qualifications required to perform the essential job functions. • Identification of the non-essential functions. Non-essential functions are those tasks being performed by the "incumbent" in the position that are not specifically required by the position or that could be re-assigned to other transit personnel or positions. • Establishment of measurable job standards for each position is necessary for objective and appropriate evaluation. The job standards must relate to the essential job functions. STI Accident/incident Prevention Manual Page 15 Setting the Standard for Community Transit in Southern California • Identification of the critical skills and experience necessary for the performance of the essential job functions. • Development of job related criteria may be assisted by using the system's Advisory Board, composed of disabled riders. Because of the safety sensitive nature of their operations, personnel may not working under the influence of drugs or alcohol. Thus, when screening applicants, evidence of drug or alcohol use should never be overlooked, our written drug/alcohol policy (as prescribed by the Federal Transit Administration) covers the use of both illegal and prescription drugs, as well as the use of alcohol. When reviewing the applicant's driving record, it should be state any relevant penalties or sanctions such as ineligibility for hiring or termination. We shall require a minimum of five years of driving experience before an applicant can even submit an application. This means that the minimum age of a driver is twenty-one. With this inclusion in the policy, we can feel assured of a more stable work force. The following is a checklist of important requirements for which applicants must be reviewed: • Physical and mental qualifications of applicant • Can the applicant pass the DOT physical? • Are there any physical conditions that will inhibit job performance? o Black outs o Heart conditions o Diabetes requiring insulin o Disabilities that inhibit the ability to drive and assist passengers in the manner required by the system and ADA o Visual impairment, i.e., color blindness/inadequate night vision o Hearing impairment • Applicant's use of drugs and alcohol • Has the applicant passed a drug/alcohol screen? • Does the applicant use prescription drugs? if so, what kind? Does it affect his or her ability to drive? • Does the applicant have a record of alcoholism or excessive drinking? Recovering or active user? • Applicant's motor vehicle record • Is the license free of alcohol-related or serious moving violations, i,e., reckless driving, careless driving? • If not, how long has it been since the last serious infraction? • How many speeding tickets does the applicant have on record? • Felony conviction record search • Does the applicant have a felony on record? if so, what type of crime did he or she commit, and how long ago was the conviction? • Minimum age requirement STI Accident/incident Prevention Manual Page 16 Setting the Standard for Community Transit in Southern California • Since you cannot ask the age of the applicant, you can set a minimum standard by asking how long has the applicant been driving consistently? • The transit system may require a minimum of five years of driving experience which establishes a minimum age of 21. • Personality/attitude • Does the applicant appear to possess the ability/attitude necessary to follow procedures (especially those concerning passengers with disabilities) in a caring and supportive manner? 3.2 ORIENTATION AND TRAINING OF EMPLOYEES Even when the best personnel have been hired, a comprehensive orientation and training program is necessary to assist in achieving the safety and operating goals of our company. Effective orientation and training programs will provide the driver with all of the skills and information he or she will need to respond to daily, unknown and/or unexpected events. A strong base of knowledge will assist the employee in effectively preventing accidents/incidents or responding to accidents/incidents that do occur. 3.2.1 Safety Training for Drivers, Dispatchers and Road Supervisors Training will prepare a driver for typical hazards that will be encountered. This includes identification of the conditions that lead to hazards; the nature of the hazards; clues that signal an impending hazard; actions that can break the chain of events leading to an accident/incident; and the specific skills and actions that must be performed by the trainee, Furthermore, the trainee must understand how these actions increase safety so that he or she can directly evaluate the effectiveness of various options during a crisis situation. Issues specific to the vehicle operation that should be addressed in driver training programs include the following: • General orientation to system, policies and procedures. • Federal, state and local safety rules and regulations including OSHA, state safety belt and right to know laws. • Familiarization with transit system properties and the local area; route training; location of fire, police and medical facilities; supervisory notification. • Use and adjustment of operator's seat, seat belt, mirrors, sun visor, windshield wipers, etc. • Vehicle pre-trip and post-trip inspections. • Safe operation and limitations of brakes, doors, door interlocks, kneeling system, wheelchair lift, etc. • Proper use of communications systems. • Safe acceleration/deceleration rates. • Safe driving practices, traffic hazards, evasive maneuvers, target fixation, threshold braking. (Classroom defensive driving is not sufficient.) • Night, expressway and severe weather driving conditions. STI Accident/incident Prevention Manual Page 17 Setting the Standard for Community Transit in Southern California • Transit system emergency procedures. • Operator's obligations under ADA. Driver training issues directly related to passenger safety include the following: • The causes of on-board passenger injuries and how to minimize them (i.e., slip and falls, sudden stops, etc.) • Understanding of the physical limitations of the employee (ergometric), elderly and disabled passengers (i.e., sensitivity training) • It should be noted that ADA requires transit systems to document the achieved proficiency level of operators upon completion of sensitivity training and how their proficiency was determined. Pass/fail tests are an effective gauge of competence if the test measures the proficiency of the required task. Refresher training is also mandated to insure retention of required proficiency. • Bus overcrowding • First aid and CPR • Passenger Assistance Techniques - training materials which provide appropriate physical assistance methods • On-board altercations and appropriate actions by the driver • Passenger illness • Accidents and incidents • The role and responsibilities of the operator in emergency situations • Emergency/standard operating procedures for collisions, fire, etc. • Passenger Evacuation Procedures • Location and use of emergency exits and equipment • How to complete accident/incident forms • Bus stop safety concerns • Other issues identified by Disabled Advisory Committee/Project Action • Lift operations, including how to operate the manual "back-up" system if the power source should fail • Wheelchair securement and passenger restraints 3.2.2 Safety Training and Orientation for Maintenance The safety orientation and safety training of maintenance employees should include the following: • Familiarization with shop and overall facility • Emergency evacuation plan • Management policies • Scope and objectives of bus maintenance program • Applicable federal, state, local, and transit system rules and regulations, including ADA, EPA, OSHA • Use and care of personal protective equipment STI Accident/incident Prevention Manual Page 18 Setting the Standard for Community Transit in Southern California • Safe operation and maintenance of on-board bus equipment • Communications equipment • Safe operation of shop tools and equipment • Emergency/road call procedures • Drug/alcohol use policy • Hazardous waste disposal procedures, spill containment and reporting • Maintenance documentation requirements and procedures • Operational safety issues, i.e., blood-borne pathogens, right-to-know • Proper preventative maintenance procedures for lift equipment and other items provided for accessibility 3.3 PERSONNEL EVALUATION AND TERMINATION PROCESSES A written policy and procedure addressing the process, schedule, and criteria on which an employee's job performance is to be evaluated. These criteria should objectively evaluate job performance, not "subjective aspects of personality." Employee performance evaluations should NEVER be a surprise. 3.3.1 Probationary Period During the employee's probationary period, several evaluations should be conducted with the individual and his or her immediate supervisor. These evaluations should state not only what the individual is doing well, but also what items need improvement and specific dates for courses of action to be taken to meet the agency standard. 3.3.2 Annual Evaluations Annual evaluations are equally as important. If supervisors are coaching and working with employees on a continual basis, evaluations should only reflect what has transpired and what is expected during the next year. Evaluations should reflect those items that need improvement, necessary corrective methods or procedures, and a review time- line. Evaluations should not be a "surprise." 3.3.3 Employee Personnel File A personnel file should be maintained for each employee. This file is private and should be viewed and revised only by authorized personnel as stated within the personnel policy. Employees may view their own file under supervision, but should not be able to remove or copy items out of the file. Suggested items to be assembled into the file include the following: • Driver's application, including references • All previous evaluations STI Accident/incident Prevention Manual Page 19 Setting the Standard for Community Transit in Southern California • All training courses taken, dates and results of tests • Copies of license checks and current license • Medical exams • Written reprimands, commendations • Written or documented verbal passenger compliments or complaints • Other items required by state or federal law 3.3.4 Discipline and Termination Unfortunately, not all employees are able to perform job functions to the level required by the system. Employees performing in an unsatisfactory manner, even after assistance by the supervisor, should be terminated for the safety and effectiveness of the system. 4. PROCEDURES TO PREVENT BUS ACCIDENTS/INCIDENTS The development, implementation and dissemination of adequate policies and procedures is an essential element of a program to prevent the occurrence of accidents/incidents. Policy considerations and procedures require considerable forethought and analysis of the potential alternatives. They also require an evaluation of both short term and long term effects and consequences. It is imperative that all policies and procedures be in writing and routinely updated. To ensure knowledge and understanding as well as compliance, policies and procedures should be included in the training program for new employees and refresher training for present employees. 4.1 PREVENTIVE MAINTENANCE The goal of an effective preventive maintenance program should be to have no vehicle breakdowns or unscheduled repairs between preventive maintenance inspections. To achieve this goal of vehicle operation without inadvertent breakdowns, the institution of a program to identify potential maintenance problems before they result in vehicle breakdowns. To play a significant role in accident/incident prevention, a properly executed and timed preventive maintenance program must be developed based on manufacturer recommendations on preventive maintenance needs, the transit system operating data, and the experience of the transit system personnel. Communication between drivers and maintenance personnel is an essential element of such a program. Perhaps the most neglected "road to safety" is the interface between the maintenance function and operations. In many systems, the prevailing attitude voiced by the maintenance staff is that "The drivers break 'em, we fix 'em." Conversely, the drivers claim that "We tell 'em, but they never fix 'em." In many drivers' opinions, the best STI Accident/incident Prevention Manual Page 20 Setting the Standard for Community Transit in Southern California indicator that the shop has looked at a defect is the perennial glob of grease left somewhere (usually on the seat) by a mechanic. Failure to take the driver's role in preventive maintenance seriously, or to understand the need for communication, will result in poor interdepartmental relations. It will also lead to the nightmare of "breakdown maintenance" with an increase in the unscheduled maintenance required of the transit vehicles. In other words, failure to motivate and train drivers to administer proper pre-trip/post-trip inspections (including some diagnostics) will only provide an incentive against reporting defects. The preventive maintenance program must specifically match the needs/demands of each system and take into account the Original Equipment Manufacturers'(OEM) recommendations on the type and proper intervals for maintenance. Vehicle or system operating data can be analyzed to assist in identifying failure modes and the appropriate maintenance intervals. Experimental components should be monitored on a strict schedule. If the inspection and maintenance program is properly monitored, important adjustments or changes in the preventive maintenance program may be identified before failures occur. As an example, routine inspections may reveal wear patterns in brakes which indicate deviations from the OEM anticipated component life, and if the preventive maintenance program is modified, it will prevent premature mechanical failure. Safety department personnel should be involved in the development of the preventive maintenance program and the specific maintenance procedures. This involvement will ensure familiarity with the procedures and processes should questions regarding maintenance arise during accident/incident investigations. In addition, safety personnel may assist maintenance managers by alerting them to potential accident/incident exposures created by hazardous procedures identified during the procedure review. Finally, continuous pro-active training in procedures and proper preventive maintenance practices is critical to successfully preventing accidents/incidents due to mechanical defects/failures. An improperly trained mechanic will not be capable of detecting potentially defective components during inspections or properly completing follow-up repairs. Accident/incident prevention practices can be emphasized during such training as well. Accident/incident prevention is not a stand-alone function of the safety department. Failure to address the role of the maintenance department in accident/incident prevention can only result in failure of a significant part of accident/incident prevention efforts. Appendix H presents an example of a maintenance checklist that could be employed when determining if these are vehicle mechanical problems. 4.2 PRE-TRIP/POST-TRIP INSPECTIONS STI Accident/incident Prevention Manual Page 21 Setting the Standard for Community Transit in Southern California Proper pre-trip and post-trip inspections are a key building block to the foundation of operating a fleet free of potential accident/incident causing mechanical defects. A brief pre-trip/post-trip inspection of the vehicle to ensure that safety systems are operating and the vehicle is not likely to become disabled before completing its route. The necessary discipline for enforcing consistent, high quality driver inspections must be initiated, supported, and maintained by all management personnel in every department and at all levels. Sufficient time must be provided for the drivers to conduct proper pre- and post-trip inspections. Clean, well-lit areas should be provided where the inspection can be conducted. Large convex mirrors attached to buildings, sign posts, etc, in the inspection area will assist drivers in completing inspections of lighting systems expeditiously. For several reasons, training for pre-trip/post-trip inspections should involve maintenance personnel and be constantly emphasized during all driver training. First, it provides a chance for drivers and maintenance personnel to get acquainted. A tour of the maintenance facility should be conducted to show drivers and other personnel the types of preventive maintenance and repair work done in the shop. Show and tell sessions are very effective for getting drivers to understand proper operation of components, proper inspection of tires, and proper defect card/form completion. The importance of complete defect descriptions in assisting problem diagnosis and preventing repeat repairs should be emphasized. The chain of command in the maintenance shop should be outlined, complete with procedures for reporting potential rework/repeat repairs. Maintenance management personnel must dedicate themselves to breaking down the communication barriers that exist between many drivers and mechanics. Training sessions and policies that explain that drivers are "internal customers" should be developed. Mechanics, responsible for receiving defect cards and translating them into suitable repairs, should be instructed to resolve the reported problem without "glossing over" potential major defects. The pre-trip/post-trip inspection should at least include an inspection of the following safety systems: • Steering • Brakes • Headlights, clearance and identification lights, turn signals, stop lights, tail lights, tag lights • Mirrors • Back-up alarms • Tire inflation, sidewall and tread condition • Fuel/hydraulic/cooling systems for obvious leaks • Door operation and proper interlock operation • Passenger signal system • Radio • Lift, full cycle and securement devices STI Accident/incident Prevention Manual Page 22 Setting the Standard for Community Transit in Southern California • Horn • Fire extinguisher, first aid kit, flares, triangles, dragging equipment • Windshield wipers/washers • Broken stairs or other tripping hazards • Loose seats, grab rails, etc. • Operational emergency exits (roof and windows) Pre-trip inspections are limited in depth and will not identify all safety problems. Thorough shop inspections and the appropriate maintenance, preventive or corrective, will minimize the potential for accidents/incidents or disabled vehicles. Preventive maintenance is intended to minimize or anticipate potential system or component failures before they occur. Examples of preventive maintenance are periodic oil changes, vehicle tune-ups, the replacement of light bulbs at set intervals, and regular lift cycling. Corrective maintenance occurs when a component or system fails. Corrective maintenance requires the vehicle be taken out of service. Frequency of inspection and an example of items that should, as a minimum, be inspected are contained in Appendix I. 4.3 POLICY ISSUES AND PROCEDURES CONCERNING LIFTS Drivers must understand the policies concerning lifts and the procedures for normal and emergency operations. Consideration should be given to the following concerns: • Is full operation or cycling of the lift required in the vehicle pre-trip inspection or check prior to start of service? • If the lift fails, how does the manual back-up work and are all the parts required to operate the system in the proper place? • Is the driver allowed to stand on the lift while assisting passengers? This may help the passenger feel safer and initially may be easier for the driver. However, if the lift fails or the driver falls, there is no one to handle the emergency situation or passengers. Who will assume that responsibility if the driver is injured? • What procedures will the driver use in handling wheelchairs? Training should include actual hands-on training with wheelchairs. Classroom discussions without hands-on training cannot teach the driver how to safely handle a person in a wheelchair, or to properly secure the mobility device and/or passenger. • How should drivers be trained to operate vehicles? A recognized, systematic training program should be provided. The time to practice is during training, not with the passengers or in an emergency. • Will all mobility devices and wheelchairs be allowed on the lift with the passenger? • Will passengers be allowed to stand on the lift platform? This is required to be in compliance with current ADA regulations if a passenger insists on standing on the lift. However, a passenger may be vulnerable to loss of balance and may fall off the lift platform. STI Accident/incident Prevention Manual Page 23 Setting the Standard for Community Transit in Southern California o Several safety issues to be addressed include the following: not all mobility devices have brakes or will fit on the lift platform and one type of wheelchair has a gasoline engine and carries five gallons of flammable explosive gas. 4.4 POLICY ISSUES AND PROCEDURES CONCERNING RESTRAINT AND SECUREMENT DEVICES In transit systems where passenger restraints and wheelchair securement devices are present, the transit system should establish and clearly communicate to the employees and drivers the transit system policy on their use. Issues that need to be addressed include the following: • Are all passengers required to use seat belts? • Should drivers assist passengers in buckling their seat belts? • What actions should the driver take if a passenger releases the seat belt while the vehicle is moving? • What should the driver do if a passenger refuses to wear a seat belt? • What if a passenger in a wheelchair refuses to use a lap belt? Will the driver continue on the route? • How should we react if a passenger consistently refuses to comply with the system policies? • How do we notify passengers or agencies of system policies, requirements and consequences? • If the system does not provide child restraint systems, what does the driver do if a parent does not have one when boarding the vehicle? STI Accident/incident Prevention Manual Page 24 Setting the Standard for Community Transit in Southern California Driver Policy Point System This Driver Point System Policy has been prepared for your information and understanding of the driving practices of Southland Transit, Inc. Please read it carefully. Upon completion of your review of this policy amendment, sign the statement below, and return it to your supervisor by the due date. I, ____________________, have received and read a copy of the Driver Point System Policy, which outlines the policy point system, as well as my responsibilities as a driver. I have familiarized myself with the contents of this policy. By my signature below, I acknowledge, understand, accept and agree to comply with the information contained in the Point System Amendment provided to me by Southland Transit, Inc. I understand this policy is not intended to cover every situation which may arise during my employment, but is simply a general guide to the practices and expectations of Southland Transit, Inc. I understand that Southland Transit, Inc, Driver Point System Policy is not a contract of employment and should not be deemed as such. ______________________________________ (Employee signature) Please return by: ______________________ (put date here) STI Accident/incident Prevention Manual Page 25 System Security and Emergency Preparedness Plan (SSE PP) Southland Transit, Inc. System security program: The combined tasks and activities of system security management and system security analysis that enhance operational effectiveness by satisfying the security requirements in a timely and cost-effective manner through all phases of a system life cycle. Threat: Any real or potential condition that can cause injury or death to passengers or employees or damage to or loss of transit equipment, property, and/or facilities. Threat analysis: A systematic analysis of a system operation performed to identify threats and make recommendations for their elimination or mitigation during all revenue and non revenue operation. Threat probability: The probability a threat will occur during the plan's life. Threat probability may be expressed in quantitative or qualitative terms. An example of a threat-probability ranking system is as follows: (a) frequent, (b) probable, (c) occasional, (d) remote, (e) improbable, and (f) impossible. Threat resolution: The analysis and subsequent action taken to reduce the risks associated with an identified threat to the lowest practical level. Threat severity: A qualitative measure of the worst possible consequences of a specific threat: Unsafe condition • Category 1 -Catastrophic. May cause death or loss of a significant component of the transit system, or significant financial loss. • Category 2 -Critical. May cause severe injury, severe illness, major transit system damage, or major financial loss. • Category 3 -Marginal. May cause minor injury or transit system damage, or financial loss. • Category 4 -Negligible. Will not result in injury, system damage, or financial loss. or act: Any condition or act that endangers life or property. Vulnerability: Characteristics of passengers, employees, vehicles, and/or facilities that increase the probability of a security breach. Southland Transit, Inc. SSEPP Page 3 of 12 Background The terrible tragedy of September 11, combined with nation's continuing war on terrorism, has created a heightened threat environment for public transportation. In this new environment, the vulnerabilities of public agencies and the communities they serve to acts of terrorism and extreme violence have greatly increased. Threat assessments issued by the Federal Bureau oflnvestigation (FBI) have consistently placed public transportation at the top of the critical irljrastructure protection agenda, along with airports, nuclear power plants, and major utility exchanges on the national power grid. To establish the importance of security and emergency preparedness in all aspects of our organization, Southland Transit, Inc. has developed this System Security and Emergency Preparedness (SSEP) Program Plan. This SSEP Program Plan outlines the process to be used by our company to assist our transit clients in making informed decisions that are appropriate for our operations, passengers,· employees and communities regarding the development and implementation of a comprehensive security and emergency preparedness program. As a result of this program, we hope to achieve not only an effective physical security program, but also to enhance our coordination with our transit agency clients and local and regional law enforcement agencies. Improved communication will increase their awareness of our resources and capabilities, and improve our readiness to support their efforts to manage community-wide emergencies. In order to be effective, the activities documented in this SSEP Program Plan focus on establishing responsibilities for security and emergency preparedness, identifying our methodology for documenting and analyzing potential security and emergency preparedness issues, and developing the management system through which we can track monitor our progress in resolving these issues. 1. Goals The SSEP Program provides our company with a security and emergency preparedness capability that will: ~ Ensure that security and emergency preparedness are addressed during all phases of system operation, including the hiring and training of personnel; the procurement and maintenance of equipment; the development policies, rules, and procedures; and coordination with local public safety and community emergency planning agencies ~ Promote analysis tools and methodologies to encourage safe system operation through the identification, evaluation and resolution of threats and vulnerabilities, and the on- going assessment of our capabilities and readiness Southland Transit, Inc. SSEPP Page 4of12 => Create a culture that supports employee safety and security and safe system operation (during normal and emergency conditions) through motivated compliance with rules and procedures and the appropriate use and operation of equipment 2. Objectives In this new environment, every threat cannot be identified and resolved, but we can take steps to be more aware, to better protect passengers, employees, facilities and equipment, and to stand ready to support community needs in response to a major event. To this end, our SSEP Program has five objectives: 1. Achieve a level of security performance and emergency readiness that meets or exceeds the operating experience of similarly-sized companies around the nation 2. Increase and strengthen community involvement and participation in the safety and security of our system 3. Develop and implement a vulnerability assessment program, and based on the results of this program, establish a course of action for improving physical security measures and emergency response capabilities 4. Expand our training program for employees, volunteers and contractors to address security awareness and emergency management issues Philosophy Southland Transit, Inc. hopes to ensure that, if confronted with a security event or major emergency, our personnel will respond effectively, using good judgment, ensuring due diligence, and building on best practices, identified in drills, training, rules and procedures. This level of proficiency requires the establishment of formal mechanisms to be used by all personnel to identify security threats and vulnerabilities associated with our operations, and to develop controls to eliminate or minimize them. The SSEP Program also requires process for: 1. Coordinating with local law enforcement and other public safety agencies to manage response to an incident that occurs on a transit vehicle or affects transit operations, and 2. Identifying a process for integrating our resources and capabilities into the community response effort to support management of a major event affecting the community. Southland management expects all employees, especially those working directly with passengers, to support the SSEP Program. Southland Transit, Inc. SS EPP Page 5of12 Division of Responsibilities All Personnel All Southland employees must understand and adopt their specific roles and responsibilities, as identified in the SSEP Program, thereby increasing their own personal safety and the safety of their passengers, during normal operations and in emergency conditions. To ensure the success of the SSEP Program, all personnel must participate by: 1. Immediately reporting all suspicious activity, no matter how insignificant it may seem, to the their immediate manager or dispatcher; 2. Immediately reporting all security incidents 3. Using proper judgment when managing disruptive passengers and potentially volatile situations 4. Participation in all security and emergency preparedness training, including drills and exercises 5. Becoming familiar with, and operating within, all security and emergency preparedness procedures for the assigned work activity 6. Accurately completing all appropriate reports. Chief Operating Officer After insuring coordination with our clients, the Chief Operating Officer (COO) has the overall authority to develop and execute the company's SSEP Program. Ultimate accountability for implementation of the SSEP Program rests with the COO. In addition, the COO is responsible for the following specific activities: 1. Ensuring that sufficient resources and attention are devoted to the SSEP Program, including: o Development of standard operating procedures related to employee security duties; o Development and enforcement of safety and security regulations; o Development emergency operating procedures to maximize transit system response effectiveness and minimizing system interruptions during emergencies and security incidents; o Provision of proper training and equipment to employees to allow an effective response to security incidents and emergencies. 2. Development of an effective notification and reporting system for security incidents and emergencies. 3. Designating a Point of Contact (POC) to manage the SSEP Program for each client agency. Southland Transit, Inc. SS EPP Page 6of12 4. Communicating security and emergency preparedness as top prioritie$ to all employees. 5. Developing relations with outside organizations that contribute to the SEPP Program, including local public safety and emergency planning agencies. SSEP Program Points of Contact (POC) To ensure coordinated development and implementation of the SSEP Program, the COO has designated each Project Manager as the Security and Emergency Preparedness Point of Contact (POC) for development and implementation of the SSEP Program. Each POC, who reports directly to the COO for SSEP purposes, has been granted the authority to utilize resources to develop the SSEP Program and Plan, to monitor its implementation, and to ensure attainment of security and emergency preparedness goals and objectives. The POC has the responsibility for overseeing the SEPP Program on a daily basis. The POC will be the direct liaison with their operators and dispatchers, regarding the Program. The POC will also serve at the Southland's primary contact with their client agencies and associated public safety authorities. To the extent that liaison is necessary with state and federal agencies, the COO will serve as the lead liaison for the company. In managing this Program, the POC will: 1. Be responsible for successfully administering the SSEP Program and establishing, monitoring, and reporting on the system's security and emergency preparedness objectives. 2. Review current project safety, security and emergency policies, procedures, and plans, and identifying needed improvements. 3. Develop and implement plans for addressing identified improvements. 4. Coordinate with local public safety agencies, local community emergency planning agencies, and local human services agencies to address security and emergency preparedness; including participation in formal meetings and committees. 5. Develop, publish, and enforce reasonable procedures pertinent to agency activities for security_ and emergency preparedness. 6. Provide adequate driver training and continuing instruction for all employees (and volunteers and contractors) regarding security and emergency preparedness. 7. Ensure performance of at least one emergency exercise annually. Southland Transit, Inc. SS EPP Page 7of12 Supervisors Supervisors are responsible for communicating the company's security policies to all employees. For this reason, supervisors must have full knowledge of all security rules and policies. Supervisors must communicate those policies to operations personnel in a manner that encourages them to incorporate SSEP practices into their everyday work. The specific responsibilities of supervisors include the following. 1. Having full knowledge of all standard and emergency operating procedures. 2. Ensuring that drivers make security and emergency preparedness a primary concern when on the job. 3. Cooperating fully with the SSEP Program regarding any accident investigations as well as listening and acting upon any security concerns raised by the drivers. 4. Immediately reporting security concerns to the POC. In addition, when supporting response to an incident, supervisors are expected to: 1. Provide leadership and direction to employees during security incidents; 2. Handle minor non-threatening rule violations; 3. Defuse minor arguments; 4. Determine when to call for assistance; 5. Make decisions regarding the continuance of operations; 6. Respond to fare disputes and service complaints; 7. Respond to security related calls with police officers when required, rendering assistance with crowd control, victim/witness information gathering, and general on- scene assistance; 8. Complete necessary security related reports; 9. Take photographs of damage and injuries; and 10. Coordinate with all outside agencies at incident scenes. Drivers In addition to the general responsibilities identified for ALL PERSONNEL, drivers are responsible for exercising maximum care and good judgment in identifying.and reporting suspicious activities, in managing security incidents, and in responding to emergencies. Each driver will: 1. Take charge of a security incident scene until the arrival of supervisory or emergency personnel; 2. Collect fares in accordance with company policy (if applicable); 3. Attempt to handle minor non-threatening rule violations; 4. Respond verbally to complaints; 5. Attempt to defuse minor arguments; 6. Determine when to call for assistance; 7. Maintain control of the vehicle; Southland Transit, Inc. SSEPP Page 8of12 8. Report all security incidents to company dispatch; 9. Complete all necessary security related reports; and 10. Support community emergency response activities as directed by company policies and procedures. Other Personnel Other personnel who support our operations also have responsibilities for the SSEP Program. Dispatchers are expected to: • Receive calls for assistance • Dispatch supervisors and emergency response personnel • Coordinate with law enforcement and emergency medical service communications centers • Notify supervisory and management staff of serious incidents • Establish on-scene communication • Complete any required security related repo1is • Provide direction to on-scene personnel Mechanics are expected to: • Report vandalism • Report threats and vulnerabilities of vehicle storage facilities • Provide priority response to safety and security critical items such as lighting • Maintain facility alarm systems Threat and Vulnerability Identification The primary method used by our operations to identify the threats to our transit systems and the vulnerabilities of the system is the collection of incident reports submitted by drivers and supervisors and information provided by local law enforcement and contractors. Information resources include the following: • Operator incident reports • Risk management reports • Bus maintenance reports • Marketing surveys • Passengers' letters and telephone calls • Management's written concerns • Staff meeting notes • Statistical reports • Special requests • Type of incidents o Crimes against persons Southland Transit, Inc. SS EPP Page 9of12 o Crimes against property o General incidents • Disposition of incidents (same as disposition of call for service) Security testing and inspections may be conducted to assess the vulnerability of the transit system. Testing and inspection includes the following three-phase approach: • Equipment preparedness -to ensure that security equipment is operable and in the location where it belongs • Employee proficiency -To ensure that employees know how and when to use security equipment • System effectiveness -To evaluate security by employing security system exercises. Evaluation The SSEPP is a "living document" and needs to address issues associated with system security and emergency preparedness on a timely and proactive basis. It is incumbent upon all appropriate Southland personnel to constantly evaluate the effectiveness of the SSEPP as well as implementation. The SSEPP POC's will work with their respective clients to ensure that the SSEPP is evaluated for effectiveness on at least an annual basis. The tools and checklists that follow will provide the basis for conduct of these regular evaluations. Points of Emphasis 1. Awareness -Train all security and maintenance personnel to spot suspicious-looking or unfamiliar people or objects. 2. Communication -Teach employees and/or tenants the importance of awareness; encourage them to identify and report anything that appears out-of-the-ordinary. 3. Screening -Develop and implement systems for identifying and controlling visitor access to the building. 4. Inspection -Establish strict procedures for the control and inspection of packages and materials delivered to the building, particularly those intended for critical areas. 5. Procedures -Instruct all personnel, particularly telephone switchboard or reception personnel or Call Center personnel, on what to do if a bomb threat is received. 6. Surveillance -Instruct security and maintenance personnel to routinely check unattended public or open areas, such as rest rooms, stairways, parking garages and elevators. 7. Lighting-Make sure that all of the facility's access points are well-lit. 8. Systems Awareness -Unexpected interruptions in the building's fire or security systems may not be coincidental; train personnel to identify and address them immediately. 9. Local Authorities -Contact local government agencies to determine their procedures for dealing with bomb threats, search, removal and disposal. 10. Contingency -Assure adequate protection and off-site backup for classified documents, proprietary information, critical records and activities essential to the operation of your business. Southland Transit, Inc. SSEPP Page IO of 12 ( System Security Considerations 1. Security Plan established, which addresses all operations modes and contracted services 2. System security responsibilities and duties established 3. Personal safety awareness/education programs for passengers and employees and community outreach 4. Security equipment regularly inspected, maintained and functionally tested; including personal equipment issued to security personnel 5. Contingency SOPs developed; drills and table-top exercises conducted for extraordinary circumstances, includ_ing -terrorism (including chemical/ biological agents/ weapons of mass destruction); Riot I Domestic unrest; Catastrophic natural events; and System-wide communications failure 6. Planning, coordination, training and mutual aid agreements with external agencies (state, local police, MTA, etc.) 7. Security SOPs reviewed on a regular basis and updates made as needed to Security Plan 8. Security equipment installed, inspected, and maintained to monitor trespass activities 9. Data collection established for all security issues I incidents; analysis performed and recommendations made; document control established, including follow-up 10. Security risk/vulnerability assessments conducted, documented and reviewed 11. Contingency plans for loss of electrical power and radio or phone communications 12. Standard Operating Procedures for critical incident command, control, and service continuation/ restoration 13. Security training provided to all staff levels (from front-line "eyes and ears" concept to professional level security training) 14. Background checks on employees and contractors (where applicable) 15. Regular assessments of employee security proficiencies conducted 16. Employees issued quick reference guidelines for security situations 17. Emergency contacts list developed I current I and responsibilities for call-outs identified 18. Visitor, deliveries and contractor facility access procedures developed I visible identification required 19. Security checklists developed and regularly used for verifying status of physical infrastructure and security procedures 20. Agency employees identifiable by visible identification and/or uniform 21. Policy and procedures in place for facilities key control. Southland Transit, Inc. SS EPP Page I I of I2 SUMMARY As a transit service contractor, we have a supporting role in the development of an effective SSEPP. The primary responsibility is with our government agency clients. As a result our success will be mixed; some of our clients will ignore the threats which will make our efforts more difficult and less successful. Some of our clients will try to develop plans without our involvement which will make their success less likely. Some of our clients will embrace this effort and welcome your participation which will make the effort the most effective. Our job is to make the effort in every case. Southland Transit, Inc. SSEPP Page 12of12 VEHICLE SAFETY PROGRAM PLAN SECTION TITLE MANAGEMENT 1 COMMITMENT COMPLIANCE 2 RESPONSIBILITIES 3 DRIVERS -INITIAL HIRE QUALIFICATIONS Southland Transit, Inc. SSEPP Appendix A Vehicle Safety Program Implications COVERED POLICIES AND PROCEDURES );;> Safety Policy Statement );;> Chief Operating Officer );;> Drivers, mechanics and others operating agency vehicles (and volunteers) );;> Vehicle Accident Prevention (VAP) Committee );;> Safety incentive program(s) );;> Qualifications );;> Initial Training );;> Application );;> Interviews );;> Physical Requirements );;> Age );;> Knowledge of English );;> Driver Licensing );;> Operating Skills );;> Criminal Record Checks );;> Ability to perform simple math );;> Reasonable knowledge of the service area and ability to read basic maps );;> A road test given by a designated Agency Supervisor is required );;> A written driving skills test is required ADDITIONAL ISSUES IN SSEP PROGRAM ./ MEMORANDUM AUTHORIZING SYSTEM SECURITY AND EMERGENCY PREPAREDNESS(SSEP)PROGRAM ./ EXPANDED TO ADDRESS SSEP PROGRAM ./ CREATION OF SSEP PROGRAM POINT OF CONT ACT (POC) ./ COMMITMENT TO ADDRESS SSEP ISSUES IN HIRING ./ EXPANSION OF NEW HIRE APPLICATION PROCESS TO EMPHASIZE IMPORTANCE OF SAFETY, SECURITY AND EMERGENCY PROCEDURES Appendix A Page I of5 VEHICLE SAFETY PROGRAM PLAN SECTION TITLE INITITAL TRAINING DRIVERS- ONGOING 4 SUPERVISION AND TRAINING EMERGENCY 5 DRIVING PROCEDURES Southland Transit, Inc. SSE PP COVERED POLICIES AND PROCEDURES ~ Agency Policies and Procedures ~ Federal and State Guidelines and Regulations ~ Pre and Post rrip Inspections ~ Vehicle Familiarization ~ Basic Operations and Maneuvering ~ Special Driving Conditions ~ Backing ~ Bad Weather ~ Boarding and Alighting Passengers ~ Defensive Driving Course (DOC) ~ Passenger Assistance Training -DRIVE Training ~ On Road ~ Training -refresher/retraining ~ Evaluation and supervision ~ Motor vehicle record checks ~ Annual physical examination ~ Safety meetings ~ Seat-belt usage ~ Discipline/recognition ~ Preventable accidents/injuries ~ Emergency driving procedures ~ Accident causes o Slippery road surfaces o Driving at night o Driving through water ADDITIONAL ISSUES IN SSEP PROGRAM ./ ADDITIONAL TRAINING TO ADDRESS SECURITY AWARENESS, REPORTING SUSPICIOUS ACTIVITY, REPORTS AND DOCUMENTATION, AND PRE AND POST TRIP INSPECTIONS ~ ADDITIONAL REFERSHER TRAINING AND "PROFICIENCY TESTS" FOR KNOWLEDGE OF EMERGENCY PROCEDURES ./ ADDITIONAL RESPONSIBLITIES FOR SUPERVISION ./ EXPANSION OF EMERGENCY PROCEDURES TO INCLUDE ADDITIONAL SECURITY AND EMERGENCY CONDITIONS ~ EXPANSION OF EMERGENCY PROCEDURES TO INCLUDE SUPPORT OF COMMUNITY Appendix A Page 2 of5 VEHICLE SAFETY PROGRAM PLAN SECTION TITLE 6 PASSENGER SAFETY VEHICLES & 7 EQUIPMENT Southland Transit, Inc. SS EPP COVERED POLICIES AND PROCEDURES o Winter driving 0 Driving in very hot weather 'Y Vehicle breakdowns and unavoidable stops 'Y Vehicle fire/evacuation 'Y Hold up/robbery 'Y Natural disasters o Tornado 0 Flood procedures -vehicle 'Y General guidelines 'Y Seat-belts 'Y Child safety seats 'Y Mobility device securement and passenger restraint systems 'Y Difficult passengers 'Y Medical condition 'Y First aid 'Y Bloodborrie pathogens/infection control 'Y Vehicles & equipment 'Y Preventive maintenance 'Y Program development 'Y Preventive maintenance needs 'Y Preventive maintenance program 'Y Format for preventive maintenance program for transit vehicles 'Y Master vehicle service and repair record - maintenance history ADDITIONAL ISSUES IN SSEP PROGRAM RESPONSE TO A MAJOR EVENT OR EMERGENCY 'Y EMERGENCY TRAINING AND EXERCISING ./ EXPANSION OF PROCEDURES FOR MANAGING DIFFICULTPASSENGERS ./ CLARIFICATIONS REGARDING FIRST AID AND BLOODBORNE PATHOGENS/INFECTION CONTROL ./ EXPANSION OF VEHICLE SECURITY PROCEDURES ./ EXPANSION OF MAINTENANCE PROCEDURES FOR IDENTIFYING AND REPORTING VANDALISM, SUSPICIOUS SUBSTANCES, OR VEHICLE TAMPERING 'Y EXPANSION OF VEHICLE PROCUREMENT Appendix A Page 3 of 5 VEHICLE SAFETY PROGRAM PLAN SECTION TITLE 8 ACCIDENT MANAGEMENT INSURANCE 9 CLAIMS AND LITIGATION Southland Transit, Inc. SSEPP COVERED POLICIES AND PROCEDURES ~ Preventive maintenance intervals o A Level Inspection 0 B Level Inspection o C Level Inspection ~ Pre & post trip inspections ~ Emergency equipment on vehicles and usage ~ Use of emergency equipment on vehicles ~ Vehicle procurement 0 Exterior o Visibility 0 Interior ~ Vehicle security ~ Vehicle safety in and around the shop or yard ~ Accident documentation packet ~ Accident notification procedures -driver responsibility ~ Accident investigation -management responsibility ~ Accident investigation kit ~ Reconstruction & analysis ~ Drug and alcohol tests ~ Media relations and crises communication after an accident ~ Dealing with adjusters ~ Dealing with attorneys -ours/theirs ADDITIONAL ISSUES IN SSEP PROGRAM PROCEDURES TO ADDRESS SECURITY TECHNOLOGY ./ ADDITIONAL TOOLS FOR ACCIDENT DOCUMENT PACKET TO ADDRESS SECURITY ~ ADDITIONAL TOOLS FOR MEDIA RELATIONS ~ ADDITIONAL CONSIDERATIONS FOR COVERAGE Appendix A Page4 of5 VEHICLE SAFETY PROGRAM PLAN SECTION TITLE MANAGEMENT DAY TO DAY OPERATIONS - 10 MONITORING FOR SAFETY Southland Transit, Inc. SS EPP COVERED POLICIES AND PROCEDURES ~ Record keeping ~ Keeping informed o Websites o Publications ADDITIONAL ISSUES IN SSEP PROGRAM ~ ADDITIONAL REPORTS FOR SECURITY- RELATED INCIDENTS Appendix A Page 5 of5 INJURY ILLNESS PREVENTION PROGRAM SAFETY AND HEALTH POLICY PROGRAM OBJECTIVES The success of the company’s Safety and Health Program depends on the sincere, constant, and cooperative effort of all program officials, management, and employees. Their active participation and support of the safety program and implementation of its procedures will make it a success. Annual Review: The following objectives and goals have been established to gauge the success of our program, as a minimum guideline, and will be reviewed annually by the Safety Coordinator to evaluate the program’s safety performance: Objectives: 1. To provide a safety and health program consistent with good operating practices and maintain compliance with applicable safety and health regulations. 2. To create an attitude of safety consciousness in management, supervision, and employees throughout all operations regarding all health and safety matters. In order to accomplish these objectives, our safety program will include: 1. Preplanning for safety in every portion of the operation through the active cooperation and participation of management personnel. We will draw upon their experience and expertise to anticipate and mitigate or eliminate accident-producing situations. 2. Provide mechanical and physical safeguards to the maximum extent possible in compliance with government regulations, i.e., State or Federal OSHA, fire codes, etc. 3. Conduct a program of safety and health inspections to discover and correct unsafe working conditions or practices; to control health hazards; and to comply fully with the safety and health standards for each job, operation, and facility. 4. Training for all employees on good safety and health practices. 5. Providing the necessary personal protective equipment and instructions for its use and care. 6. Developing and enforcing safety and health rules and requiring all employees to cooperate with these rules as a condition of employment. 7. Investigating every accident promptly to find its cause and correcting the problem in order to prevent recurrence. STI Injury Illness Page 1 RESPONSIBILITY The Injury and Illness Prevention (IIP) Program administrator, Jason Snow has the authority and the responsibility for implementing and maintaining this IIP Program for Southland Transit, Inc. Managers and supervisors are responsible for implementing and maintaining the IIP Program in their work areas and for answering worker questions about the IIP Program. A copy of this IIP Program is available from each manager and supervisor. COMPLIANCE All workers, including managers and supervisors, are responsible for complying with safe and healthful work practices. Our system of ensuring that all workers comply with these practices include the following practices: Informing workers of the provisions of our IIP Program. Evaluating the safety performance of all workers. Recognizing employees who perform safe and healthful work practices. Providing training to workers whose safety performance is deficient. Disciplining workers for failure to comply with safe and healthful work practices. COMMUNICATION All managers and supervisors are responsible for communicating with all workers about occupational safety and health in a form readily understandable by all workers. Our communication system encourages all workers to inform their managers and supervisors about workplace hazards without fear of reprisal. Our communication system includes the following items: New worker orientation including a discussion of safety and health policies and procedures. Review of our IIP Program. Training programs. Regularly scheduled safety meetings. Posted or distributed safety information. A system for workers to anonymously inform management about workplace hazards. STI Injury Illness Page 2 DISCIPLINARY POLICY The following conditions could result in disciplinary action under the provisions of this policy: 1. Violation of a supervisor’s safety-related instructions. 2. Violation of established safety rules and/or procedures. 3. Violations of instructions on posted safety-related signs. 4. Accumulation of an excessive number of injuries (three or more within a 24 month period.) 5. Obvious unsafe actions as may be indicated by the improper use of equipment, horseplay, or practical joking, poor housekeeping practices, etc. 6. Lack of concern toward safety instructions and programs. The above circumstances are not intended to be all-inclusive. Any other circumstances that indicate an employee’s disregard for his/her own safety, the safety of others, or the neglect of proper care for equipment, may also result in disciplinary action under the provisions of this policy. Supervisors will also be subject to disciplinary action when their employee receives some form of disciplinary action for violation of safety rules and guidelines, or when the supervisor demonstrates negligence in their implementation or enforcement of written policy. Any member of supervision may be subject to disciplinary guidelines as an individual employee or as a member of management. Depending on the circumstances or the severity of the violation or incident, any level of discipline, which is most appropriate for the time and action, up to, and including termination, may be implemented. HAZARD ASSESSMENT Periodic inspections to identify and evaluate workplace hazards shall be performed by a competent observer in the following areas of our workplace: Periodic inspections are performed according to the following schedule: 1. When we initially established our IIP Program; 2. When new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace; 3. When new, previously unidentified hazards are recognized; 4. When occupational injuries and illnesses occur; and 5. Whenever workplace conditions warrant an inspection. STI Injury Illness Page 3 ACCIDENT/EXPOSURE INVESTIGATIONS Procedures for investigating workplace accidents and hazardous substance exposures include: 1. Interviewing injured workers and witnesses; 2. Examining the workplace for factors associated with the accident/exposure; 3. Determining the cause of the accident/exposure; 4. Taking corrective action to prevent the accident/exposure from reoccurring; and 5. Recording the findings and actions taken. HAZARD CORRECTION Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based on the severity of the hazards. Hazards shall be corrected according to the following procedures: 1. When observed or discovered; and 2. When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, we will remove all exposed workers from the area except those necessary to correct the existing condition. Workers who are required to correct the hazardous condition shall be provided with the necessary protection. TRAINING AND INSTRUCTION All workers, including managers and supervisors, shall have training and instruction on general and job-specific safety and health practices. Training and instruction is provided: 1. When the IIP Program is first established; 2. To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA; 3. To all workers given new job assignments for which training has not previously provided; 4. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; 5. Whenever the employer is made aware of a new or previously unrecognized hazard; 6. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed; and 7. To all workers with respect to hazards specific to each employee's job assignment. STI Injury Illness Page 4 General workplace safety and health practices include, but are not limited to, the following: 1. Implementation and maintenance of the IIP Program. 2. Emergency action and fire prevention plan. 3. Provisions for medical services and first aid including emergency procedures. 4. Prevention of musculoskeletal disorders, including proper lifting techniques. 5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and promptly cleaning up spills. 6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety. 7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and electrical panels. 8. Proper reporting of hazards and accidents to supervisors. 9. Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers. 10. Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated. RECORDKEEPING Our establishment has twenty or more workers and is not on a designated low hazard industry list. We have taken the following steps to implement and maintain our IIP Program: 1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe conditions and work practices, recorded on a Safety Inspection Form; and 2. Documentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers, recorded on a worker training and instruction form. Inspection records and training documentation will be maintained for one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment. STI Injury Illness Page 5 Investigation, Inspection, Correction Forms SOUTHLAND TRANSIT, INC. EMPLOYEE SAFETY & HEALTH SUGGESTION FORM I would like to report, without fear of reprisal, what I believe to be a safety/health hazard that may cause injury, illness, death, or damage to an employee, or the public. Describe Safety/Health Problem:___________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Location: ___________________________________________________________________ Suggestion to Correct Problem:_____________________________________________ ___________________________________________________________________________ Employee's Name (Optional) __________________________________________________ Received by: __________________________________ Date _______________________ Review and Comments Comments: __________________________________________________________________ ____________________________________________________________________________ Reviewed by: _________________________________ Date:________________________ Comments: __________________________________________________________________ ____________________________________________________________________________ Reviewed by: _________________________________ Date:________________________ Comments: __________________________________________________________________ ____________________________________________________________________________ Reviewed by: _________________________________ Date:________________________ ACTION TO BE TAKEN ___________________________________________________________________________ ___________________________________________________________________________ Approved by: _______________________________________ Date: _________________ Effective Date: _________________________ Original to Safety Coordinator SAFETY VIOLATION NOTICE EMPLOYEE WARNING Employee Name __________________________________ Dept.____________________ Date of Warning _________ 1st/2nd Notice______________ 3d/4th Notice_________ Date of Violation _________ Time ___________ Location_________________________ Safety Violation (explain)_____________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Violation Considered to be: Extremely Serious ___ Serious ____ Minor ____ Other______________ COMMENTS_______________________________________________________________ ___________________________________________________________________________ Witness ________________________________ Reported by _____________________ ______________________________________________________________________________ Supervisor's Comments:_____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Supervisor's Signature _________________________________ Date ____________ Employee's Comments:_______________________________________________________ _____________________________________________________________________________ ______________________________________________________________________________ Employee's Signature _________________________________ Date ______________ Correction: What action has or will be taken to prevent recurrence? (List then place an X by completed items and date.)_____________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Safety Coordinator Signature _______________________________ Date____________ Dept Manager Signature __________________________________ Date____________ Originals to Personnel Copies Safety Coordinator Employee ACCIDENT INVESTIGATION REPORT Date of Occurrence __/__/__ Time ______ a.m./p.m. Date Reported ___/__/___ INJURY OR ILLNESS Name _________________________Part of Body Injured _____________________ Job _______________________ Location of Accident _______________________ Nature of Injury or Illness_______________________________________________ Object/Equipment Inflicting Injury or Illness ________________________________ Person with Most Control of Object/Equipment ______________________________ Activity at time of Accident _____________________________________________ FLEET OR PROPERTY DAMAGE Estimated Cost _____________________ Actual Cost ______________________ Nature of Damage _____________________________________________________ Vehicle Speed ______________ Registration No. of Equipment ________________ Object/Equipment Causing Damage _______________________________________ Person with Most Control - Inflicting Damage _______________________________ Describe clearly how the accident occurred. (For all motor vehicle accidents, draw a diagram on other side.) ___________________________________________________________________________ ___________________________________________________________________________ The Cause of the Accident: What acts, failure to act, and/or conditions contributed most directly to this accident? Describe unsafe acts and/or unsafe conditions. _____________________________________________________________________________ ______________________________________________________________________________ Explain specifically why these acts and/or conditions existed. _____________________________________________________________________________ ______________________________________________________________________________ Loss Severity Potential: ___Major ___Serious ___ Minor Probable Frequency Rate ___ Frequent ___ Occasional ___ Rare What action has or will be taken to prevent recurrence? (List items, then place an X by items completed and date.) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ________________________________________ _______________ Injured Employee's Supervisor's Signature Date _________________________________________ ________________ Reviewing Manager Date Original Safety Supervisor Copy Personnel File SAFETY INSPECTION FORM Supervisor: ____________________________ Inspector: _________________________ Location: _____________________________ Date: ___/___/___ All items which need correction are marked with a "C". Note the corrections needed and suggestions for corrective action below. Mark items which are acceptable with an "A". Actions of Employees 1. Personal protective equipment being worn as required? __________ 2. Employees safety-trained for the job being performed? __________ 3. Employees following proper work procedures? __________ Safety Conditions 4. Walkways, floors, and work areas properly maintained? __________ 5. Housekeeping and cleanup adequate? __________ 6. Office equipment properly maintained? __________ 7. Power tools or equipment maintained and guarded? __________ 8. Flammable liquids/chemicals properly used, identified and stored? _________ 9. Adequate illumination provided? __________ 10. Adequate ventilation provided? __________ 11. Environmental hazards reviewed and maintained? __________ 12. Fire protection equipment provided and maintained? __________ 13. First aid and emergency medical supplies available? __________ 14. Sanitation and drinking facilities properly maintained? __________ 15. Safety communication and publicity provided? __________ 16. Emergency procedures and phone numbers posted? __________ Corrections _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Suggestions _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Completed by: __________________________________________ Date ___/___/____ Original Safety Coordinator Copy Management REQUEST FOR CORRECTIVE ACTION Request #: ______________ Date ___/___/___ Time: ____________ Requested by: _________________________________ Title:_____________________ To: _____________________________________________ Title:_____________________ Upon receipt of this request you are asked to complete this form indicating the corrective action taken, if necessary, on the problem stated below. Problem:______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________________________________________________________ NOTICE OF CORRECTIVE ACTION MUST BE FURNISHED WITHIN 10 DAYS TO THE SAFETY COORDINATOR OR A MEMBER OF EXECUTIVE MANAGEMENT. ANALYSIS OF THE PROBLEM: CAUSES: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ANALYSIS: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ CORRECTIVE ACTION (to prevent recurrence) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signature: _______________________________ Effective Date: _________________ Original Safety Coordinator Copy Supervisor Employee Training Record Forms ORIENTATION CHECKLIST - SAFETY & HEALTH PROGRAM _____ 1. Discussed the company safety program and provided employee with a copy of applicable safety rules for the job. _____ 2. Reviewed and discussed the company Safety & Health Procedures Manual and applicable items for employee. ______ a. Safety and Health Policy ______ b. Code of Safe Practices ______ c. Disciplinary Policy & Enforcement Practices ______ d. Accident Reporting Procedures ______ e. Reporting Unsafe Conditions ______ f. Proper Lifting Techniques ______ g. Special Protective Equipment Requirements _____ 3. Showed location of fire alarms, fire extinguisher, fire exits, and discussed evacuation plan. _____ 4. Discussed job training requirements and how assignments are made; reviewed job description and trained for job (copy attached). _____ 5. Given instructions regarding personal appearance. I have discussed and understand all above statements and instructions. Supervisor:_______________________________________________________ (Sign and date) Employee: ________________________________________________________ (Sign and date) Original to Personnel CODE OF SAFE PRACTICES Southland Transit, Inc. The purpose of the Code of Safe Practices is to assist you in making safety a regular part of your work habits. This is a minimum guide to help identify your responsibility for safety. Your supervisor is obligated to hold you responsible for your safety by providing you a safe place to work. a. I will immediately report to my supervisor all accidents or near misses, and injuries, no matter how slight, that occur on the job. b. I will cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence. c. I will promptly report to my supervisor any unsafe acts, practices, or conditions that I observe. d. I will become familiar with and observe safe work procedures during the course of my work activities. e. I will keep my work areas clean and orderly. f. I will avoid engaging in horseplay and avoid distracting others. g. I will obey all safety rules and follow published work instructions. h. I will wear personal protective equipment as required by my supervisor. i. I will inspect all equipment prior to use and report any unsafe conditions to my immediate supervisor. j. I will submit any suggestions for accident prevention which may assist in improved working conditions or work practices to my immediate superior. k. I will not smoke on the premises. l. I will not bring onto the job, have in my possession, or in my car, any weapons or ammunition of any kind. m. I will not have in my possession, use, or introduce intoxicating liquor or illegal drugs on any customer's property or work area or facility, and I will accept possible discharge for these illegal actions. n. I will not come to work under the influence of intoxicating liquor or illegal drugs, and realize that I will not be allowed to start work and may be immediately discharged for this action. I HAVE READ AND UNDERSTAND THE ABOVE ITEMS AND REALIZE THAT FAILURE TO FOLLOW THESE RULES MAY BE GROUNDS FOR DISMISSAL WITH NO POSSIBILITY OF REHIRE. SOUTHLAND TRANSIT, INC. EMPLOYEE ACKNOWLEDGMENT FORM CODE OF SAFE PRACTICES I _____________________________, hereby acknowledge that I have received, read and understand the "Code of Safe Practices for Southland Transit, Inc. I agree to conform to all practices, safety rules, and regulations relating to safe work performance. I understand that my failure to follow these safety procedures will result in disciplinary action up to and including discharge. I further understand that: a) It is my responsibility to report all unsafe conditions or violations of the Code of Safe Practices to my supervisor or other management personnel in order to minimize the potential of injury to my fellow workers. b) I am encouraged to inform my immediate superior of any hazards on the job without fear of reprisal, and that should my assistance create any such action or related intimidation that I am encouraged to contact the Safety Coordinator or management by phone or mail. _______________________________________ _____________________ Employee Signature Date _______________________________________ _____________________ Supervisor Signature Date Original to Personnel TRAINING CLASS RECORD I certify that the employees listed below received safety training in the subject(s) as indicated. Date: ___________ Subject(s):________________________________________________ Title(s) of Film(s), Video(s) or slide presentation(s) shown to employees: ______________________________________________________________________________ ______________________________________________________________________________ Attached is an outline of the specific items discussed in this training program, along with handouts, if any. Instructor's Signature: ____________________________________ Date ___/___/___ Instructor's Name (Please Print) ___________________________________________ Initial Employee Name (Please Print) Employee Signature _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ ______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ _______ _____________________________ ______________________________ INITIAL TRAINING RECORD (Individual Employee Training Documentation) Name of Employee: __________________________________________________________ Training Subject: ___________________________________________________________ Training Material Used:______________________________________________________ Name of Trainer: ____________________________________________________________ Date of Hire/Assignment:_______________________________________ I, _______________________ hereby certify that I have received training as described above in the following areas: ___ The potential occupational hazards in general in the work area and associated with my job assignment. ___ The CODE OF SAFE PRACTICES which indicates the safe work conditions, safe work practices, and personal protective equipment, if any, required for my job. ___ The hazards of any chemicals to which I may be exposed and my right to information contained on material safety data sheets for those chemicals, and how to understand this information. ___ My right to ask questions, or provide any information to the employer on safety either directly or anonymously without fear of reprisal. ___ Disciplinary procedures the employer will use to enforce compliance with "CODE OF SAFE PRACTICES." I UNDERSTAND THIS TRAINING AND AGREE TO COMPLY WITH THE "CODE OF SAFE PRACTICES" AND ALL SAFETY RULES FOR MY WORK AREA. _______________________________________________ __/___/___ Employee Signature Date Original Personnel HAZARD COMMUNICATION PROGRAM The Right to Know HAZARD COMMUNICATION PROGRAM “EMPLOYEE RIGHT TO KNOW” The following is the Southland Transit, Inc. Hazard Communication/ Employee Right to Know Program. This program was developed to acquaint employees who work with, or are potentially exposed to hazardous materials with the issues involved in the handling of hazardous materials. Hazardous materials or substances are characterized as any chemical, compound, or mixture that, because of physical or chemical properties may be: Combustible Flammable Explosive Pyrophoric Oxidizing Toxic Carcinogenic Corrosive This program respects the rights of employees to be well informed about chemicals and chemical exposures (potential and real) that exist, or may in the future at Southland Transit, Inc. The responsibility for the installation and of this program belongs to Wayne Seale, Maintenance Director . It will be his/her job to ensure that this program continues to meet the requirements of the Hazard Communication/Employee Right to Know Law, and that it remains in force. If you should have any questions or concerns about any of the materials that you come in contact with, now or in the future, you may contact Wayne Seale , or the office for assistance. Section One Rights and Responsibilities I. The Employee has Rights A. An Employee has the Right to Know about the hazards that you face on the job. B. An Employee has the Right to be trained about such hazards and how to protect him/herself from them. C. An Employee cannot be discriminated against or fired because s/he asked for information and training on how to handle hazardous materials. D. An Employee is allowed to provide information to a legal or medical representative. II. The Company has Obligations A. To train all employees in the physical and health hazards of materials in the workplace. B. To train employees how to protect themselves from these hazards, including providing and showing the proper use of any personal protective equipment which may be required. C. To provide an emergency plan. D. To Train in the detection of possible hazardous material releases in the workplace. E. To explain how to properly read and understand information on a container label. F. To explain how to properly read and understand the information located on a Material Safety Data Sheet. G. To inform employees of the location of hazardous materials in the workplace. III. The Company and the Employees Both have Obligations A. To provide a safe work environment. B. To educate and be educated about Hazardous Materials. C. To use, recognize and understand warning labels. D. To answer and ask questions. Section Two Training and Information I. OSHA requires company to train and continually educate employees about the Hazardous Communication Program. II. To implement the training requirements, training will take place at the following times: A. At the time an employee is first assigned to the site. B. At the time any new hazard is introduced to the worksite and/or to an employee’s job. C. When hazardous materials are changed by the manufacturer. D. Throughout the year. E. At the request of management. III. The mandatory requirements of employee training are: A. How the hazardous communication program is implemented; B. Physical and health hazards of the work area, including identification of locations throughout the facility using potentially hazardous materials; C. Detection of the presence of hazardous chemicals by sight and smell; D. Safe work practices, including any specific measures which may be needed while working in specific areas, or with specific materials; E. Procedures and equipment provided to help protect employees, such as ventilation system, personal protection equipment, etc. F. Methods to detect hazards, such as personal monitoring and facility audits; G. Explanation of emergency procedures; H. Primary and secondary labeling of hazardous materials; I. How to read and interpret the information labels and MSDS. ** See attached Glossary of Terms used in Material Safety Data Sheets; and J. Where the MSDS binder can be located for employee use. IV. A record of the training and those in attendance will be kept in the MSDS binder. (See Section Four, II). V. Contractors A. The individual on site who is responsible for the maintenance of the MSDS binder shall refer all outside contractors to the MSDS binder for information regarding any materials to which the contractor and its employees may be exposed. Contractors doing business at the facility are required to sign a Contractor’s Notification sheet, which will be kept in the MSDS binder. B. Outside contractors must provide MSDSs for any materials that the contractor may bring into the facility. The individual on site who is responsible for the maintenance of the MSDS binder must request such MSDS and file the MSDS. C. The outside contractor is responsible for training its employees regarding Hazard Communication. CONTRACTORS NOTIFICATION As required by law under the Hazard Communication Statute, Title 8, Sec. 5194, of the California Administrative Code, we are hereby notifying our contractors and their employees of hazardous materials or substances on site. Southland Transit, Inc. has a written and implemented Hazard Communication Program. There are procedures in place for handling hazardous materials or substances at this facility. It is our contention that contractors and their employees understand that hazardous materials and substances are used, and or stored at this facility. It is, however, the responsibility of the contractors to insure that their employees are aware of the hazardous materials or substances used or stored at this facility, and their potential contact with them. It is the responsibility of the contractors to translate, and communicate all information pertaining to hazardous materials or substances, at this facility, to their employees as necessary. If illiteracy is a problem for said contractors’ employees, the contractors then have the responsibility to read this notification, and any other pertinent Hazard Communication information to their employees. It is the responsibility of the contractors to supply and provide any necessary or required Personal Protective Equipment to their employees. Also, it is the responsibility of the contractors and their employees to inquire about, and wear, any Personal Protective Equipment that is, or may be required at this facility. Furthermore, it is the responsibility of the contractors and their employees to follow all safety rules pertaining not only to hazardous materials and substances, but also to safety in general at this facility. These safety rules are available upon request. A copy of this company’s Written Hazard Communication Program will be furnished upon request. I, the undersigned, as a representative for , acknowledge that I have received, read, and understand this Contractor’s Notification Form. Print name of Contractor’s Representative Date Contractor’s Representative Signature Southland Transit Representative Signature Date Section Three Container Labeling Responsibility Your health and safety, and that of your fellow employees may depend on your ability to understand the label information on a hazardous material or substance container. Picking up a container of any chemical and using it without knowing exactly what it is, or what risks are involved in its use, can have dramatically negative affects. This is why we at Southland Transit, Inc. need to make a conscious effort to insure that all of our hazardous material containers, both primary (from the factory), and secondary (containers we transfer chemicals into) are properly, and clearly labeled at all times. To have compliance throughout this facility, your supervisor has the responsibility to maintain proper labeling of hazardous material containers in your department. Container labeling will be accomplished in two ways in our facility. As mentioned above, the first will be primary, labeling from the manufacturer. This type of labeling will exist on all hazardous material containers that are accepted. These labels will remain on the primary container as long as it remains at this facility. The only exceptions to this would be in conjunction with Hazard Communication Standards, at which time, you would be notified by Hazard Communication Agent. The second method for accomplishing labeling would occur when secondary container transferring occurred. Under these circumstances, only authorized personnel will be allowed to transfer hazardous materials or substances from the primary container to a secondary container. They will also have the responsibility to transfer appropriate label information to the secondary container, to create uniformity and compliance throughout the facility. Product Labels I. How to Determine if a Material is Hazardous A. OSHA Definition: A hazardous material is any material which could cause injury or death to a person, or could damage and pollute land, air or water. B. Determination can be made by: 1. Reading the Warning Label 2. Reading the Inventory Roster in the Material Safety Data Binder to locate the MSDS 3. Reading the Material Safety Data Sheet C. Two Government Agencies which regulate the definition of Hazardous Materials 1. The Environmental Protection Agency, takes care of pollution to the environment 2. The Occupational Safety and Health Administration, takes care of hazards to the employee II. The Container Warning Label A. The warning label is the fastest and easiest way to gain basic information, given to you by the manufacturer. Always read the warning labels before using the product. B. Label Information 1. Chemical Name 2. Hazard Warnings – three kinds a) CAUTION: the least hazardous type of material b) WARNING: a more hazardous type of material c) DANGER: extremely hazardous material. If marked DANGER ask for more information. 3. Hazardous Ingredients 4. Manufacturer’s Name and Address 5. Appropriate cautions and personal protective measures C. Additional Information on Labels 1. Basic Warnings a) Keep Away From Flames b) Avoid Skin Contact c) Avoid Breathing Vapors 2. Fire Information/Protection a) How Flammable is the Product b) Type of Fire Extinguisher to use to stop a fire 3. First Aid 4. Spill Information/Protective Clothing to Wear if Handling a Spill 5. Handling and Storage a) How to handle b) What Protective Clothing to wear to handle c) Where and How to Store 6. Disposal of Empty Containers and Unused Portions D. If the Product Has No Label 1. Do not handle until further information provided 2. Determine what is in the container 3. Label the Container E. Replacement Labels 1. Replace labels that are unreadable, or torn, or when transferring material from one container to another F. Secondary Container 1. A secondary container is any container that holds material from a primary source. Ex: spray bottle, squeeze bottle 2. At a minimum, secondary containers must be labeled with the name of the contents and any hazard warnings, including any health and physical hazards. Physical hazards include fire or flash point hazards, reactivities, and any specific hazards. 3. The company will provide all chemicals necessary to perform the job function. Do not bring chemicals from home to the workplace without proper authorization. If authorized the chemical must be properly inventoried, labeled, and if appropriate an MSDS put on file. Section Four Material Safety Data Sheets (MSDS) and the MSDS Binder I. The MSDS contains the most information about any hazardous material. A. Manufacturer is required by law to supply an MSDS with every material they sell. B. The MSDS must include the following information: 1. Manufacturer’s name and address a) Phone number b) Emergency response number (spill & physical) 2. Chemical identification a) Chemical name b) Trade name 3. Hazardous ingredients a) What is in the material b) Permissible exposure limits c) Threshold limit values 4. Physical and chemical characteristics a) Characteristics of material b) Evaporation data c) Specific gravity 5. Fire and explosion hazards a) Flash point b) What type of extinguisher to use c) Protective equipment necessary in a fire 6. Reactivity – does it react with other materials 7. Health hazards a) What symptoms might be felt if exposure occurs b) What type of first aid is required 8. Precautions and control measures a) How to properly treat, store and handle spills b) List personal protective equipment recommended when working with the material c) Any other special precautions II. MSDS sheets will be obtained and maintained by . A. S/he will contact all suppliers, and/or manufacturers and request MSDS on all hazardous materials supplied to us. B. Requests will be made by phone or registered mail. If the MSDS is not received from the supplier within 25 days, CAL/OSHA will be notified, by registered mail as required by law. C. Upon receipt of the MSDS s/he will verify for completeness utilizing the MSDS checklist provided. If there are omissions, a copy of the checklist will be sent to the manufacturer and a request for a new and complete MSDS will be made. If not received within 25 days, CAL/OSHA will be notified. III. An MSDS Binder shall be maintained at every worksite. A. The binder will be kept in a location that is accessible to the employees of all workshifts. B. The Binder will contain: 1. The name of the individual(s) responsible for compiling the binder, including updates and removal of sheets on products no longer in use. 2. The written Hazard Communication Program. 3. Explanation of how to use the Binder. 4. A list of all hazardous chemicals (Hazardous Material Inventory Roster) for any and all areas of work, including the office, the shop, and materials used by the drivers. Such materials include but are not limited to: pesticides, paint, solvents, antifreeze, used oil, batteries, used oil filters, window washer fluid, cleansers, fuel, floor wax, etc. 5. A separate MSDS for each chemical used at the facility. If an MSDS is not received from the supplier, a) Make a request in writing to the supplier that an MSDS be sent as soon as possible; and b) Include documentation of the request in the binder. 6. A record of training and those in attendance. 7. Contractor Notification Sheet. MSDS DEFICIENCIES CHECKLIST The following MSDS has been reviewed for obvious deficiencies as required by Title 8, Sec. 5194 (g) of the California Administrative Code. The following deficiencies exist: 1. Product Information: a. Manufacturer/MSDS Preparer: b. Address: c. Product/Trade Name: 2. MSDS Deficiencies (Check those missing from label) a. Product identity/trade name matches the label identity. b. Chemical and common names of each hazardous ingredient. c. CAS number for each hazardous ingredient. d. Physical data (flash point, vapor pressure, etc.) e. Potential fire hazard. f. Potential explosion hazard. g. Potential reactivity. h. Health hazards (in laymen’s terms) i. Potential routes of entry (absorption, ingestion, inhalation) j. Signs and symptoms of exposures. k. Medical conditions aggravated by exposures. l. OSHA PEL’s / ACGIH TLV’s. m. OSHA, NTP, and IARC carcinogen status. n. Hygienic practices. o. Safe handling practices. p. Protective measures for repair and maintenance of equipment. q. Spill cleanup procedures. r. Control measures (engineering, work practices, personal protective equipment.) s. Emergency and first aid procedures. t. Date of MSDS preparation or revision. u. Name, address, and emergency phone number of MSDS preparer. 3. Inaccurate Information Noted on MSDS: 4. Company of Use: Address: 5. Reviewer of MSDS: Date: Location: Material Safety Data Sheets Glossary of Terms Absorption: The movement of hazardous material through the skin into the blood stream Acute: Short term effect, usually occurs when exposed to a chemical for a short time. Boiling Point: The temperature at which a liquid becomes a gas. Catalyst: A chemical which causes a chemical reaction to happen faster Ceiling: The maximum level of permitted exposure to a material. Combustible: A liquid that becomes flammable when it reaches a temperature of 100 degrees Fahrenheit. Concentration: Parts per million, is a volume per volume relation of concentration, i.e. there are so many parts of a material per one million parts of another substance. Decomposition Products: Products that are released when a material is exposed to aging, heating, burning, air, or allowed with another material. Evaporation Rate: The time it takes a given amount of material to completely dry up, using ether which evaporates quickly, or butyl acetate which evaporates very slowly as the measure. Flammable (Explosive) Limits – LEL and UEL: A flammable material will burn in air when ignited. Materials are either flammable, explosive, or combustible. When a material concentration is below the Lower Explosive Limit, LEL, the material is too lean to burn. When the material concentration is above the Upper Explosive Limit, UEL, the material is too rich to burn. The material will burn if the concentration is between the LEL and UEL. Flash Point: The temperature at which a flammable liquid produces enough vapor to burn. Incompatibility: List of materials which should not be mixed with the material being used, in order to avoid a reaction. Ingestion: Taking a material by mouth and swallowing it. Inhalation: Breathing vapor or gas from a material. Inhibitor: A chemical which, when added to another, reduces the chance of a reaction. Oxidizing Agent: A material that gives off oxygen in a chemical reaction. Polymerization: A reaction with extremely high or uncontrolled release of energy. Reactivity: The ability of a material to undergo a reaction which releases heat or energy. Solubility: The tendency of a material to dissolve in water or other solvent. Stability: The tendency of a material to resist undesirable chemical changes during storage or transport. Threshold Limit Value (TLV)/ Permissible Exposure Limit (PEL): Both indicate the safe exposure levels, the level to which a person can be exposed each day with no adverse effects. Vapor Density: The weight of a vapor compared with an equal volume of air. If less than “one”, the vapor will rise. If greater than one, it will tend to fall. Vapor Pressure: A high vapor pressure indicates a liquid will evaporate easily. Volatile Percent: The percentage of a liquid or solid that evaporates at room temperature. The higher the percentage, the faster the material evaporates. Fast evaporation means greater danger. ConfidentialSouthland Transit, Inc. and Affiliates Combined Financial Report Year Ended December 31, 2020 Redacted due to Proprietary or Confidential Information (PDF Pgs. 299-310) Confidential Confidential 1 Confidential. Confidential.3 Confidential$ 4 Confidential.5 Confidential Confidential Confidential Confidential Confidential Baldwin Park Transit and Dial-A-Ride Survey On a scale 1 to 5 with 1 extremely dissatisfied and 5 extremely satisfied. 1. How is your overall experience with Baldwin Park dial-a-ride? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 2. Is your driver courteous and helpful? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 3. Does the driver operate vehicle safely/follows traffic laws? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 4. Have you taken the Baldwin Park Transit pumpkin or teal line? Yes No 5. How has your overall experience with Baldwin Park Transit pumpkin/teal line been? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 6. What is the primary reason you use the bus? 1)Work 2)Senior Center 3) Shopping 4) Medical 5) School 7. How often do you ride the bus? 1) Once a week 2) 2-4 days a week 3) 5 days a week 4) 6-7 days a week 8. What time of day do you most often use Baldwin Park Transit bus? 1) 6am -9am 2) 9am – 12pm 3) 12pm – 3pm 4) 3pm – 6pm 5) 6pm- 9pm 9. Will you continue using the bus service? 1)Definitely 2)Likely 3) Unsure 4) Not likely 5) Definitely not 10. What destination(s) would you like to see Baldwin Park Transit add? ______________________________________________________________________________ Please let us know any comments, complaints, or concerns you may have. Thank you for your time. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Would you like for us to contact you please write your name and number. Thank you Baldwin Park Transit and Dial-a-Ride Survey Analysis Total Surveys Received 22 Pumpkin Line Teal Line Dial-a-Ride 1 Have you used Baldwin Park Transit Service 17 17 17 On a scale 1 to 5 with 1 extremely dissatisfied and 5 extreme satisfied 1 2 3 4 5 2 If Applicable, how is you overall experience with Pumpkin Line 5 14 3 If Applicable, how is you overall experience with Teal Line 6 13 4 If Applicable, how is you overall experience with Dial-a-Ride 3 12 5 Is your driver courteous and helpful 2 2 17 6 Does the driver operate vehicle safety/follows traffic laws 2 2 17 Work Senior Center Shopping Medical School 7 What is the primary reason you use the bus 6 21 14 13 7 Once a week 2-4 days a week 5 days a week 6-7 days a week 8 How often do you rider the bus 4 3 9 6 6am - 9am 9am - 12pm 12pm - 3pm 3pm - 6pm 6pm - 9pm 9 What time of day do you most often use Baldwin Park Transit bus 17 3 16 4 Definitely Likely Unsure Not Likely Definitely not 10 Will you continue using the bus service 18 4 Vineland Swapmeet West Covina Mall Frequent Buses Access Card Pay 11 Are there any destination(s) would you like to see added to fixed route service 12 1 1 1 Comments Complaints Concerns 12 Please provide us with any comments, complaints, or concerns you have that would assist us with redesigning the system for your regular use:0 0 0 17 17 17 0 2 4 6 8 10 12 14 16 18 Pumpkin Line Teal Line Dial-a-Ride Have you used Baldwin Park Transit Service 5 14 6 13 3 12 2 2 17 2 2 17 0 2 4 6 8 10 12 14 16 18 1 2 3 4 5 If Applicable, how is you overall experience with Pumpkin Line If Applicable, how is you overall experience with Teal Line If Applicable, how is you overall experience with Dial-a-Ride Is your driver courteous and helpful Does the driver operate vehicle safety/follows traffic laws On a scale 1 to 5 with 1 extremely dissatisfied and 5 extreme satisfied 6 21 14 13 7 0 5 10 15 20 25 Work Senior Center Shopping Medical School What is the primary reason you use the bus 4 3 9 6 0 1 2 3 4 5 6 7 8 9 10 Once a week 2-4 days a week 5 days a week 6-7 days a week How often do you rider the bus 17 3 16 4 0 2 4 6 8 10 12 14 16 18 6am - 9am 9am - 12pm 12pm - 3pm 3pm - 6pm 6pm - 9pm What time of day do you most often use Baldwin Park Transit bus 18 4 0 2 4 6 8 10 12 14 16 18 20 Definitely Likely Unsure Not Likely Definitely not Will you continue using the bus service 12 1 1 1 0 2 4 6 8 10 12 14 Vineland Swapmeet West Covina Mall Frequent Buses Access Card Pay Are there any destination(s) would you like to see added to fixed route service City of El Monte Transit and Paratransit/Dial-A-Ride Operations - 2022 December 2021 COPY COVER LETTERCover Letter 1 COVER LETTER December 9th, 2021 Ms. Sarah Zadok City Clerk City of El Monte 11333 Valley Boulevard El Monte, CA 91731 Re: Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022 Dear Ms. Zadok, First Transit is pleased to submit this proposal to the City of El Monte for the Transit and Paratransit/Dial-A-Ride Operations – 2022 Request for Proposals. We have carefully reviewed the requirements outlined in the RFP and conducted extensive research to ensure we understand the City of El Monte’s goals. Our proposal includes a suite of solutions that will achieve your goals of providing a quality, reliable, properly reported and innovative mobility program that meets the needs of your growing residential community. Our industry-leading transportation solutions include: • An experienced, local, highly qualified management team empowered to make decisions impacting service quality and continuity • Safety- and customer-focused training programs for operators and staff to ensure passengers have a positive experience every time they ride the City’s fixed route and paratransit/Dial-A-Ride services • Competitive wage and benefits packages to attract and retain high-caliber candidates • Established operations and maintenance facility within El Monte • Stringent background screening protocols for new employees to garner a pool of only the most suitable candidates • A proactive, efficient, customizable fleet maintenance approach to reduce vehicle downtime and support service reliability • Extensive quality control measures to confirm superior service delivery and provide correct reporting data • Guidance from regional and corporate experts in operations, safety, maintenance, human resources, finance, and technology to support ongoing service quality • Solutions to improve and maintain the highest On-Time performance reachable • Reliable and friendly bilingual customer service agents to take all calls • Value-added technologies such as Passio (for fixed route services) and CTS TripMaster (for DAR/paratransit services) scheduling and dispatching technologies, DriveCam SF300 safety technology, Geotab ProPlus, First Transit’s proprietary Management Information Dashboard and FirstBase fleet maintenance information system, and paperless shop technology These solutions have been tested, refined, and proven over First Transit’s 65 years of experience in the passenger transportation industry. Today, these policies, programs, and procedures form the foundation of our network of nearly 350 successful operations in North America. When applied in El Monte’s operational environment, our proposed solutions will support an innovative fixed route and paratransit/Dial-A-Ride experience for your passengers. We also recognize that cost efficiency is necessary for service sustainability. First Transit’s solutions prioritize the responsible management of your operating dollars. Our proposal details myriad ways in which we do this, including reducing overtime, employee turnover, maintenance costs, and costs related to safety issues. Of further benefit to the City, First Transit has experience in the fixed route and paratransit/Dial-A-Ride area and has tailored our proposed approach to the characteristics and challenges unique to transit operations in this area. For example, First Transit operates the nearby services for Alhambra, Sierra Madre and San Gabriel just to name a few, where we First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 Phone: 513-241-2200 Fax: 513-684-8852 2 successfully mitigate the challenges that El Monte faces today, all while providing high-quality, customer-focused service each day. Furthermore, as an established transportation provider within the City limits of El Monte, we understand the needs of the customer, key travel destinations and potential travel time issues within the community. First Transit’s approach will help ease the reservation process and create a more dependable service for the City of El Monte. Throughout the contract term, First Transit will draw from our extensive organizational and local knowledge to update our approaches and identify new, innovative operational strategies as your service evolves. We are confident that our local experience and tested solutions position us as the best provider for the City of El Monte’s fixed route and paratransit/Dial-A-Ride services. We acknowledge the receipt of the following: • Addendum 1, issued November 9, 2021 • Addendum 2, issued November 16, 2021 • Addendum 3, issued November 16, 2021 Please also note the following related to the ongoing COVID-19 pandemic: • Due to the unknown timeline of how COVID-19 will impact public transportation and travel restrictions, we request that the start-up date be further discussed to include flexibility once the COVID-19 impact is fully understood by both the City of El Monte and First Transit. • Due to the unknown impact of COVID-19 and the time it will take service volumes to return to the City’s historical normalcy, when appropriate we would request further discussions and negotiations with the City on how to adequately cover our operational fixed costs due to reasons beyond First Transit or the City’s control – for example, when the revenue time, miles or hours is below what bidders have been asked to price. First Transit is excited to explore a future partnership with the City of El Monte as you consider the next phase of your transportation service’s evolution. Your primary contact for this opportunity is Rashidi Barnes, Director of Business Development, MaaS. He can be reached at (949) 400-4839 or Rashidi.barnes@firstgroup.com and is ready to answer any questions you may have or to discuss our capabilities as a provider. Sincerely, Bradley A. Thomas, President First Transit, Inc. TABLE OF CONTENTSTable of Contents i IVR TABLE OF CONTENTS COVER LETTER ..................................................................................................................................................................................................... 1 SCOPE OF SERVICES ........................................................................................................................................................................................... 3 SUMMARY: SCOPE OF SERVICES COMPLIANCE ....................................................................................................................................................... 3 BACKGROUND AND EXPERIENCE OF THE PROPOSER.................................................................................................................................. 5 ABOUT FIRST TRANSIT .......................................................................................................................................................................................... 5 OUR HISTORY....................................................................................................................................................................................................... 6 OUR VISION AND VALUES ...................................................................................................................................................................................... 6 COMPANY INFORMATION CHART ............................................................................................................................................................................ 7 WHAT SETS FIRST TRANSIT APART ........................................................................................................................................................................ 8 Proven Performance ...................................................................................................................................................................................... 8 Innovative Transportation .............................................................................................................................................................................. 8 Awards and Recognitions .............................................................................................................................................................................. 8 MULTIMODAL OPERATIONS EXPERIENCE ............................................................................................................................................................... 9 Overview of Experience ................................................................................................................................................................................. 9 EXPERIENCE IN CALIFORNIA AND THE EL MONTE AREA ......................................................................................................................................... 10 California Experience ................................................................................................................................................................................... 10 ..................................................................................................................................................................................................................... 12 El Monte experience .................................................................................................................................................................................... 12 MICROTRANSIT EXPERIENCE ............................................................................................................................................................................... 13 success Story .............................................................................................................................................................................................. 13 MICROTRANSIT DEPLOYMENTS ............................................................................................................................................................. 14 ALTERNATIVE FUELS ........................................................................................................................................................................................... 14 ii Experience with Alternative Fuels ................................................................................................................................................................ 15 MAINTENANCE CONSIDERATIONS FOR ALTERNATIVE FUELS .......................................................................................................... 15 Experience Operating and Maintaining Electric Fleets ................................................................................................................................ 15 PROPOSED PERSONNEL AND MANAGEMENT PLAN .................................................................................................................................... 16 PROPOSED MANAGEMENT AND STAFFING STRUCTURE ......................................................................................................................................... 16 City of El Monte Local Leadership Team ..................................................................................................................................................... 17 Management Team Responsibilities ............................................................................................................................................................ 19 WEST REGION MANAGEMENT TEAM ..................................................................................................................................................................... 19 EMPLOYEE TRAINING .......................................................................................................................................................................................... 21 Operator Training ......................................................................................................................................................................................... 21 Customer Service Training .......................................................................................................................................................................... 25 Customer Relations ..................................................................................................................................................................................... 26 Conflict Resolution and Avoidance Training ................................................................................................................................................ 27 Dispatcher Training ...................................................................................................................................................................................... 27 Road Supervisor Training ............................................................................................................................................................................ 29 Maintenance Technician Training ................................................................................................................................................................ 31 First America University (Confidential) ........................................................................................................................................................ 33 FIRST TRANSIT’S SAFETY APPROACH ................................................................................................................................................................... 34 Establishing Safety as a Core Value ........................................................................................................................................................... 34 Our Safety Commitment in Action ............................................................................................................................................................... 39 Safety Record .............................................................................................................................................................................................. 41 EMPLOYEE WAGES AND BENEFITS ....................................................................................................................................................................... 42 Salary Range and Benefits .......................................................................................................................................................................... 42 Employee Recruiting and Hiring Program – hIRING Talented Employees .................................................................................................. 45 Employee Retention .................................................................................................................................................................................... 49 STAFFING LEVELS ............................................................................................................................................................................................... 51 MAINTENANCE PROGRAM/STRATEGY ........................................................................................................................................................... 51 FIRST TRANSIT’S COMPREHENSIVE MAINTENANCE PLAN ....................................................................................................................................... 51 Protecting The City’s Investment and Ensuring Fleet Reliability ................................................................................................................. 51 Preventive Maintenance Program ............................................................................................................................................................... 53 Management of the Maintenance Process .................................................................................................................................................. 56 Maintenance Quality Assurance .................................................................................................................................................................. 59 FirstBase and Key Performance Indicators ................................................................................................................................................. 59 Responding to Road calls ............................................................................................................................................................................ 60 Vehicle Appearance ..................................................................................................................................................................................... 61 Recognizing Maintenance Excellence ......................................................................................................................................................... 62 MAINTENANCE OF EQUIPMENT ............................................................................................................................................................................. 63 MAINTENANCE PERSONNEL ................................................................................................................................................................................. 64 PREVENTIVE MAINTENANCE PROGRAM ................................................................................................................................................................ 64 BACKUP TRANSIT BUS......................................................................................................................................................................................... 64 FIXED ROUTE/DIAL-A-RIDE/PARATRANSIT OPERATION PLAN ................................................................................................................... 64 OVERALL OPERATION PLAN ................................................................................................................................................................................. 64 ACHIEVING YOUR GOALS .................................................................................................................................................................................... 65 Increase Reliability and On-Time Performance ........................................................................................................................................... 65 Lean Operating Practices and 5S Processes .............................................................................................................................................. 66 Improve Customer Service .......................................................................................................................................................................... 67 Maximize Productivity .................................................................................................................................................................................. 68 DAILY OPERATIONS............................................................................................................................................................................................. 68 Customer-Focused Reservations ................................................................................................................................................................ 69 Efficient Paratransit Scheduling ................................................................................................................................................................... 70 Effective Dispatch Procedures ..................................................................................................................................................................... 70 Comprehensive Road Supervision .............................................................................................................................................................. 71 woSafe, Customer-Focused Operators ....................................................................................................................................................... 72 iii Dress Code .................................................................................................................................................................................................. 73 Fare Processing and Management .............................................................................................................................................................. 73 OVERCOMING TYPICAL OPERATIONAL ISSUES ...................................................................................................................................................... 74 Gaps in Fixed-Route Service ....................................................................................................................................................................... 74 Delivering High Productivity and Excellent Customer Service for Paratransit customers ........................................................................... 75 Same-Day Paratransit Schedule Changes .................................................................................................................................................. 75 In-Service Vehicle Failures .......................................................................................................................................................................... 76 Unusual Traffic Conditions ........................................................................................................................................................................... 76 Fare Disputes .............................................................................................................................................................................................. 76 Emergency Response Training for All Employees ...................................................................................................................................... 76 EXCELLENCE THROUGH ADVANCED TECHNOLOGY ................................................................................................................................................ 76 Technology Support ..................................................................................................................................................................................... 77 Proposed Technology for the City of El Monte ............................................................................................................................................ 77 DISPATCHING/SOFTWARE .................................................................................................................................................................................... 85 FACILITY/FUELING DESCRIPTION .................................................................................................................................................................... 86 IMPLEMENTATION/TRANSITION PLAN ............................................................................................................................................................ 87 SEAMLESS TRANSITION APPROACH ..................................................................................................................................................................... 87 Transition Team ........................................................................................................................................................................................... 88 Key Transition Tasks ................................................................................................................................................................................... 88 Transition Timeline ...................................................................................................................................................................................... 90 An Example of Our Successful Transitions ................................................................................................................................................. 90 ACCOUNTING AND REPORTING EXPERIENCE ......................................................................................................................................................... 90 First Transit Reports .................................................................................................................................................................................... 91 BUSINESS INCLUSION PLAN ................................................................................................................................................................................. 92 About our Proposed DBE Partners .............................................................................................................................................................. 92 Identifying and Developing Disadvantaged Businesses .............................................................................................................................. 93 Experience with Disadvantaged Business Inclusion .................................................................................................................................... 94 COST PROPOSAL FORM .................................................................................................................................................................................... 94 LIST OF REFERENCES ....................................................................................................................................................................................... 94 CITY OF ROSEMEAD (CA) ........................................................................................................................................................................................ 94 CITY OF MONTEREY PARK (CA) ................................................................................................................................................................................ 95 CITY OF PASADENA (CA) ......................................................................................................................................................................................... 95 CITY OF ALHAMBRA (CA) ......................................................................................................................................................................................... 96 POMONA VALLEY TRANSPORTATION AUTHORITY (LAVERNE, CA) ...................................................................................................................................... 96 Client List ..................................................................................................................................................................................................... 97 Client Satisfaction ........................................................................................................................................................................................ 97 FINANCIAL RESPONSIBILITY ............................................................................................................................................................................ 99 FINANCIAL STABILITY (CONFIDENTIAL) .................................................................................................................................................................. 99 Foundation for our Financial Stability .......................................................................................................................................................... 99 Evidence of our Financial Capacity ............................................................................................................................................................. 99 PERFORMANCE BOND ..................................................................................................................................................................................... 100 VERBAL AGREEMENT OR CONVERSATION ................................................................................................................................................. 100 ATTACHMENTS ................................................................................................................................................................................................. 101 TRANSIT AND PARATRANSIT/DIAL-A-RIDE OPERATIONS PROPOSAL - 2022 Transit and Paratransit/Dial-A-Ride Operations Proposal - 2022 3 SCOPE OF SERVICES SUMMARY: SCOPE OF SERVICES COMPLIANCE In addition to addressing the Scope of Services section, proposals must also include all required information, policies, procedures, manual, forms, etc., as outlined in the RFP. Proposals must be kept to 75 pages, excluding resumes, the required Forms and Appendix specified in this RFP to be returned with the Proposal Package. Further, the audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit. First Transit has operated within the city limits of El Monte for more than 20 years. As the operator for multiple cities in the area (Alhambra, Rosemead, San Gabriel and Monterey Park, to name the nearest), most of the passengers that ride our current service are also passengers for on the City of El Monte Transit and Paratransit Services. Our existing relationship with these customers and the region itself will ensure an easy transition from one contractor to another. With the convenience of having a facility less than five (5) miles away from City Hall, we are confident in our ability to operate these services from our existing location in El Monte. By leveraging a transit facility that is already under operation, El Monte will realize savings in areas such as reduced deadhead, management and staffing costs, fuel, and startup costs. More importantly, with 13.5% of the City of El Monte population, 65 or older, it is imperative that a public service, like public transit, remains an effective way to support individual’s mobility needs. Whether it’s getting passengers to the senior center or to the local Metrolink Station, First Transit is committed to becoming a long-term partner with the City of El Monte and its community and our knowledge of the service area will prove to be a benefit to all. After careful review of our proposed operations plan and the RFP Scope of Services specifications described in section I.B. Scope of Services of the El Monte Transit and Paratransit Operations RFP, we are confident that we are compliant with all requirements set forth by the City of El Monte and will provide safe, efficient, customer-focused, and economical transit services in accordance with the fixed route maps and schedules published and approved by the City, as well as paratransit/Dial-A-Ride (DAR) service for El Monte’s elderly and disabled passengers. We have addressed these various the Scope of Services compliance task requirements throughout the whole of this proposal draft. However, for convenience, we have highlighted key task compliance and cited further information in the table below. Task First Transit Response – RFP Scope of Services Required Driver Services Recognizing that our most important measure of success is passenger and client satisfaction, First Transit blends innovative technology solutions with proven management and training strategies to deliver the highest possible fixed route, and Dial-A-Ride service. More than any other single operational role, these resources come together to support our vehicle operators, who deliver those services directly. For a more extensive treatment of First Transit’s plan to provide the City professional, well-trained, and capable vehicle operators, as well as details on our operating procedures, please see this proposal’s Proposed Personnel and Management Plan and Fixed Route/Dial-A-Ride/Paratransit Operation Plan. Current Service Statistics In order to meet passenger demand and the current service statistics, as well as to provide a broader array of data, First Transit plans to introduce Passio and CTS Scheduling and Dispatching technologies to the City’s fixed route and paratransit/Dial-A-Ride services, respectively. Fully integrating the best visual tools, public viewers, and potential smartphone applications, these software platforms will provide the City with new access to real time updates for routes and service data, while instantaneously evaluating the system’s performance from any computer, tablet, or cellphone. For more information on Passio and CTS, as well as how we intend to use them, please see the Proposed Technology for the City of El Monte subsection of the Excellence through Advanced Technology section of this proposal’s Fixed Route/Dial-A-Ride/Paratransit Operation Plan. 4 Task First Transit Response – RFP Scope of Services Trip Reservation and Dispatching By ensuring operators are ready for service and that operators meet compliance requirements, dispatchers set the tone for route timeliness before any vehicle begins service for the day. In addition, the city will have the luxury of leveraging 12 total dispatchers, one of which is dedicated throughout the days operations. Our proposed TripMaster by CTS software platform and streamlined dispatching procedures will also be key in meeting the on-time performance standards that the City’s riders deserve. For more information on CTS and how we intend to use it, please see the Proposed Technology for the City of El Monte subsection of the Excellence through Advanced Technology section of this proposal’s Fixed Route/Dial-A-Ride/Paratransit Operation Plan. For further information about First Transit’s plan to meet this RFP’s trip reservation and dispatching requirements, please see the Effective Dispatch Procedures subsection in the Daily Operations section of the proposal’s Fixed Route/Dial-A-Ride/Paratransit Operation Plan. Key Management Personnel, Employee Selection, and Supervision The key to any successful operation is an experienced, motivated, and high-performing team and progressive organizational culture. Our established management team brings proven knowledge of the transit industry, experience leading successful organizations, and the energy and passion for delivering efficient operations. We also take pride in our staff hiring, training, management, and retention approaches. Furthermore, our staff currently operates out of our El Monte location, servicing various neighboring cites. This includes a dedicated operations manager, dispatcher, technician, and utility person to oversee both the DAR/paratransit and fixed route services. For more information about First Transit’s personnel and staffing plan, as well as recruitment, screening, selection, hiring, training, supervision, employee relations, evaluation, retention, and termination procedures, please the proposal section titled Proposed Personnel and Management Plan. To read the full driver training manual, please find it in the Attachments section of this proposal. Customer Service The First Transit team understands that, in the end, our service delivery must result in an excellent experience for the City of El Monte’s transit customers. To that end, First Transit builds its service around our riders, for example by assigning vehicle operators to consistent routes in order that their passengers see a familiar face and may slowly develop relationships. All employees of the City service will receive in-depth training in customer service excellence. Furthermore, our current customer satisfaction survey received from current El Monte clients rated First Transit a 9 out of 10 for customer satisfaction. For more information on First Transit’s strategies to ensure customer satisfaction, please see the subsections titled Increase Customer Service and Customer-Focused Reservations in the Achieving Your Goals and Daily Operations sections, respectively, of this proposal’s Fixed Route/Dial- A-Ride/Paratransit Operation Plan, as well as the Customer Service Training subsection of the Operator Training section of this RFP’s Proposed Personnel and Management Plan. On-Time Performance We understand that nothing is more important to passenger and client satisfaction than on-time, reliable service delivery. Passengers need to know that they can rely on the City to get them to work, appointments and other responsibilities when they need to be there. In order to provide such service, First Transit employs established practices for dispatch and vehicle operation, as well as critical technology solutions. However, in cases such as the City of El Monte’s, where On-Time Performance has been an issue in the past, First Transit also makes use of strategic problem-solving procedures to identify and address key causal factors. One such solution proposed for the City is the use of a Mystery Rider program through First Transit’s operational support team to evaluate and ultimately improve the City’s On-Time Performance. For an in-depth discussion of First Transit’s strategies to ensure on-time performance, please see the Increase Reliability and On-Time Performance subsection of Achieving Your Goals, found in the Fixed Route/Dial-A-Ride/Paratransit Operation Plan. For more information on our use of Mobility 5 Task First Transit Response – RFP Scope of Services Advancement Group and its status as a Disadvantaged Business Enterprise, please see the Business Inclusion Plan, to be found in the Implementation/Transition Plan of this proposal. Interest in Microtransit and TNC Service Alternatives First Transit, as a leader in the transportation industry, understands that transportation services must evolve to meet the changing needs of our passengers. Microtransit services, an on-demand transportation, is one such solution that has been successful in improving system flexibility, efficiency and convenience by connecting isolated or difficult-to-serve communities to public transit. In many of these operations, First Transit partners with our clients in evaluation, planning, service design and implementation to develop the best fit for the communities being served. Whether microtransit services are being added to a larger contract that we already oversee, or to a new operation, we can help by providing the required technology, operators and vehicles for El Monte. For more information on First Transit’s experience in microtransit, please see the section titled Microtransit Experience in the proposal’s Background and History of the Proposer. BACKGROUND AND EXPERIENCE OF THE PROPOSER Discuss the overall capabilities of the company. Include a brief description of the company’s history and recent relevant experience as it applies to the Scope of Services. ABOUT FIRST TRANSIT For 66 years, First Transit has been committed to providing safe, reliable, high-quality mobility solutions that connect people and communities. Today, First Transit has more than 20,000 employees across our transit businesses. In 2021, we operated and maintained more than 45,000 vehicles in more than 300 contracts in the US and Canada, transporting 318 million passengers. Our expertise lies in providing efficiency, reliability, innovation, safety and customer service for public and private transportation systems. We have hands-on experience with every facet of transportation operations, maintenance and administration. Our expertise includes the following service types and areas of focus: • Fixed route • ADA paratransit • Microtransit mobility solutions • Call centers and brokerage services for human service transportation • Flex or deviated fixed route • University shuttles • Airport shuttles • Autonomous vehicle operations • Mobility as a Service (MaaS) solutions • Streetcar systems • Maintenance and facilities management • Alternative fuel operations and maintenance, including CNG, LNG, LPG and hybrid • Electric vehicle operation and maintenance From large urban systems to small rural services, First Transit has solutions for projects of all types, sizes and scopes. We oversee our clients’ services under both turnkey and management contracts. 6 OUR HISTORY First Transit’s history begins in 1955 with its founding as American Transportation Enterprises. Over the next four decades, the company changed periodically through a series of acquisitions and mergers. In 1999, the firm was acquired by UK-based company, FirstGroup, plc, and became First Transit. On July 22, 2021, First Transit was procured by EQT, and is independent of FirstGroup. Our company continues to grow primarily through successful contract awards – a result of our reputation of excellence. While our company’s name has changed since its founding, First Transit’s commitment to our clients, our passengers, and our staff has remained unchanged. OUR VISION AND VALUES First Transit’s Vision: We provide easy and convenient mobility, improving quality of life by connecting people and communities. As communities across the US face expanding population numbers, transportation agencies are faced with growing demand for passenger transportation and increasing traffic congestion. At the same time, passengers expect a high level of service quality, convenience and reliability. First Transit’s clients look to us for creative mobility solutions to address these challenges. Our vision unites our operations and serves as the guiding philosophy under which First Transit addresses our clients’ evolving mobility needs. The transportation services we provide are critical to connecting millions of people to their homes, businesses and other key destinations within their cities and surrounding areas. Our services help to create strong, vibrant, and sustainable local economies – leading to prospering communities. At First Transit, we achieve our vision through our employee’s daily commitment to our five core values: 7 The City of El Monte can be confident we will apply these values to our operation of the fixed route, paratransit, and Dial-A-Ride services each day: • We prove our commitment to our customers through operational approaches focusing on a positive customer experience through consistent on-time performance and safety. • Our dedication to safety is demonstrated through a holistic safety approach that forms the foundation of our training, maintenance and operational approaches. • We support each other through multiple layers of local, regional and corporate support to resolve challenges and maintain excellent service. • We hold each other accountable for our performance through detailed service analysis capabilities through First Transit’s proprietary Dashboard application. • We set the highest standards for our service delivery for On-Time Performance, data reporting, and customer service—our team takes pride in knowing El Monte and its residents. COMPANY INFORMATION CHART Organization First Transit, Inc. Services Transit Contracting, Transit Management, Transit Consulting Year Founded 1955 Contact Rashidi Barnes Director of Business Development, MaaS 600 Vine Street, Suite 1400 Cincinnati, OH 45202P: 949-400-4839 Rashidi.Barnes@firstgroup.com George Lee Senior VP, Business Development and Marketing 600 Vine St., Suite 1400 Cincinnati, OH 45202 P: 310-908-7150 George.Lee@firstgroup.com Form of Business Corporation Incorporation Delaware in 1969 Number of Employees Employs more than 20,000; Manages 4,000 employees Federal I.D. Number 23 - 1716119 US DOT 102211 Motor Carrier MC - 576222 Directors Brad Thomas Mark Williams Officers Brad Thomas, President Mark Williams, CFO & Senior VP Finance Michael Petrucci, SVP General Counsel Christina Cahall, Asst. Treasurer Brian Beechem, Asst. Secretary Christa McAndrew Asst. Secretary Nancy Eliason, Asst. Secretary Regional Location Contact Fadi Chakbazof, Senior Vice President, West Region and Canada 13200 Crossroads Pkwy N Suite 450; City of Industry, CA 91746 P: 626-622-6940, fadi.chakbazof@firstgroup.com Home Office First Transit, Inc. 600 Vine St., Suite 1400, Cincinnati, OH 45202 8 WHAT SETS FIRST TRANSIT APART PROVEN PERFORMANCE Although the sheer number of First Transit’s contracts is impressive, we stand apart in our industry with a strong record of performance. We bring the experience, methodologies and resources to every project to assure our clients of a reliable, safe, customer-focused service. As mentioned before, these same methodologies have been used in neighboring cites for decades to support their various operational needs. INNOVATIVE TRANSPORTATION First Transit keeps customers on the forefront of the transportation industry with innovative technologies, approaches and strategies that bring real value to our clients and passengers. We are currently exploring the introduction and operation of microtransit services to two cities neighboring El Monte, including trips that can transvers El Montes boarders. Based on the 2018 Moore and Associates (M&A) study, an interregional service will increase overall service frequency as well as extend service into neighboring areas. Which will meet the needs of the City’s changing mobility needs. MOBILITY AS A SERVICE Mobility as a Service (MaaS) is rapidly changing the way riders and agencies interact. MaaS platforms unite all available modes of transportation in one user interface, including public transit, ridesharing, bike-sharing, and private transit services. This allows passengers to plan and customize their journey with ease. Keeping pace with this industry shift, First Transit has collaborated with technology providers to develop and identify effective MaaS solutions for our clients. As part of this effort, First Transit recently introduced our proprietary Jaunt app to bring MaaS solutions to our customers. With Jaunt, passengers have an integrated platform that displays all available mobility options and enables seamless journey planning. Jaunt can allow for the City’s passengers to efficiently manage all of their trips, with visibility into neighboring schedules for services like Foothill Transit and Metrolink as well as provide a mobile fare payment option for all riders. If the City is moving forward with the 2018 M&A study recommendation of implementing Token Transit, Jaunt can be the single customer interface to enable such mobile payment as well as provide riders with a complete trip that incorporates, walking and transit directions. AWARDS AND RECOGNITIONS First Transit is proud of the many awards and accolades we and our clients have received in recognition of the high-quality transportation services we provide. Highlights of recent honors and achievements include: • First Transit, along with its sister companies, First Student and First Vehicle Services, has 145 ASE Blue Seal of Excellence Certified Shops, more than all our competitors combined. We have achieved this prestigious certification for many of our facilities within two years or less after taking over the service. • Many of our managers, region and corporate support personnel have been included in the annual “Top 40 Under 40” feature by Mass Transit Magazine. • In 2021, Forbes partnered with market research firm, Statista, to survey 50,000 Americans working for businesses with at least 1,000 employees and found First Transit was one of “America’s Best Large Employers” at #476, and one of “America’s Best Employers for Diversity” at #370. • Brownsville Metro in Brownsville, TX won the FTA Region VI System of the Year. 9 • North Carolina Public Transportation Association has recognized Columbus County with its 2020 Safety Award. • Columbus County Transportation in Whiteville, NC was recognized as best in the state, three years running for operating more than 500,000 miles accident free. • The American Public Transportation Association (APTA) has recognized the Central Ohio Transit Authority (Columbus, OH), TransLink (Vancouver, BC) and the Metropolitan Transit Authority of Harris County (Houston, TX) for Outstanding Public Transportation System in 2018, 2019, and 2020, respectively. • Southwest Transit in Eden Prairie, MN won the APTA Certificate of Merit for Safety. • First Transit’s operation for Rochester Public Transit was recognized as the 2020 Minnesota Public Transit System of the Year. • Our Vice President of Safety, David Perez, was named to the National Safety Council’s new task force, SAFER, with the objective to guide employers through the process of safely resuming operations now and in a post-pandemic environment. SAFER was created in partnership with leading safety organizations, public health professionals and safety-focused private companies, like First Transit. MULTIMODAL OPERATIONS EXPERIENCE OVERVIEW OF EXPERIENCE First Transit is an experienced provider of fixed route and paratransit operations throughout the United States and Puerto Rico. We manage more than 30 systems that are a combination of paratransit and fixed route services, offering millions of trips on an annual basis in both rural and large metropolitan settings. First Transit is an accomplished provider of Americans with Disabilities Act (ADA) paratransit services. This includes all reservations, scheduling, dispatching, customer service calls and fare collections. All operators attend an annual ADA training to ensure they follow all requirements and help First Transit provide superior customer service. We understand the City of El Monte looks to us to use our expertise in both areas to offer a combined fixed route and paratransit service to your community. We leverage our experience with fixed route and paratransit routes to provide the City with expert management, cost- savings measures and consistently high-quality operations. Our turnkey packages are customized for each client, offering a comprehensive, solution-specific approach. “The local First Transit team has made many adjustments to service levels and gone above and beyond to support local government.”—Johnson County, KS Customer Survey Results We manage the operation of fixed route and paratransit services for many locations. A sample list of a few of our long-term customers for whom we provide these valuable services is below: Customer Name Customer Since Fleet Size City of Pasadena (Pasadena, CA) 2001 36 Yamhill County (McMinnville, OR) 2012 30 River Valley Metro Mass Transit District (Kankakee, IL) 2007 22 City of Fargo (Fargo, ND) 2007 43 2021 FIRST TRANSIT CUSTOMER SURVEY RESULTS First Transit’s Combined Fixed Route and Paratransit Clients – Overall Satisfaction Rating Scale of 1 to 10 City of Pasadena (CA): 10 City of Plymouth (MN): 10 Lorain County (OH): 10 City of Nashua (NH): 10 Johnson County (KS): 10 City of Plymouth (MN): 10 City of Sandusky (OH): 10 10 Customer Name Customer Since Fleet Size SouthWest Transit (Eden Prairie, MN) 1995 59 Johnson County Transit (Olathe, KS) 1991 90 City of Plymouth (Minneapolis, MN) 1989 115 First Transit prides itself on the continued improvements to our fixed route and paratransit locations. We invest in our clients, our staff and passengers through enhancements in safety, training, customer service, operations efficiencies, employee relations, and customer and contractor relationships. These areas are the foundation to creating a lasting partnership with our clients. In our 2021 customer survey, our average score from customers on “likelihood of renewing our contract with First Transit” was 9.1 out of 10. “Our Local Management team is extremely responsive, professional, reliable and communicative. Built on the trust they have earned and consistently reinforce with transparency and dedication to excellence, the overall working relationship they have with us is extremely strong.”—City of Pasadena Customer Survey Results EXPERIENCE IN CALIFORNIA AND THE EL MONTE AREA CALIFORNIA EXPERIENCE With more than 70 locations across the State of California, First Transit, First Vehicle Services, and First Student are by far the largest private suppliers of transportation services in the state. First Transit and First Vehicle Services collectively operate 35 separate contracts in California. First Transit’s California operations and management experience includes all types of transit operations, including Shared Autonomous Vehicle (SAV), shuttle, paratransit, and fixed route. These represent fleet sizes ranging from one vehicle to more than 300. A few of our current operations neighbor the El Monte area. With service contracts in Pasadena, San Bernardino, OCTA, Cerritos and Norwalk we have a regional support team that can be leveraged to support the El Monte Transit operation. First Transit and First Vehicle Services’ multiple California locations offer opportunities for shared resources and development of best practices with existing and future First Transit locations. LONGEVITY Nothing speaks to our strength as a transportation provider like the number of clients who renew contracts with First Transit. In addition to our strong company-wide record, many of our California clients have been with First Transit for two decades or more. First Transit has partnered with Tri Delta Transit (formerly, the Eastern Contra Costa Transit Authority) in Antioch, CA for more than 30 years. “The local First Transit team is supported by an extensive corporate team that has been invaluable over the years. I am impressed with the depth of available support, the ongoing training provided to the local management team, and the overall approach to employee management.” - Jeanne Krieg, Chief Executive Officer, Tri Delta Transit 11 In addition to our long-standing partnership with Tri Delta Transit, First Transit has maintained a flourishing relationship with the City of Pasadena for nearly 20 years. This relationship has continued to foster growth, innovation, and quality service achievement, forming a foundation of solid performance and a shared passion for meeting the needs of the City’s fixed route and Dial-A-Ride passengers. We have achieved many successes during the history of our partnership with the City of Pasadena. INNOVATION First Transit’s participation in and leadership of innovative transportation services in the State of California is unsurpassed. We led the charge to incorporate shared autonomous vehicles (SAV) into the suite passenger transportation services available to the public. This began in 2016 with our groundbreaking partnership with GoMentum station, one of 10 federally approved autonomous vehicle testing grounds. Since then, we have completed four SAV initiatives in partnership with public and private entities throughout the state and the country. Although SAV’s may not be on the City’s mobility roadmap, as a partner of First Transit, we encourage the City to tap into our wealth of knowledge and experience when the time is right. In addition to our work with autonomous vehicles, First Transit operates several technology-driven services in California. These include accessible service operations for Lyft passengers in San Francisco and Los Angeles and microtransit services with Tri Delta Transit (Antioch, CA), San Bernardino and the Far North Regional Center (Redding, CA). SUCCESSFUL CALIFORNIA HIGHWAY PATROL (CHP) INSPECTIONS First Transit is committed to operating our facilities in a manner that merits positive ratings from regulatory agencies and the inspections we are subject to, including California Highway Patrol (CHP) inspections. First Transit has never failed a CHP inspection due to mechanical fault. We take considerable pride in our preventive fleet and facility maintenance programs and ensure that all aspects of our operation meet our standards for excellence. COMMITMENT TO DIVERSITY First Transit commits to diverse companies with opportunities to grow and develop. At many of our California operations, First Transit exceeds the goal set forth by our customers for disadvantaged, small, and minority-owned business participation. First Transit was nominated for the California Disability Services Association’s Excellence in Employment Award Program for our efforts to expand job opportunities for persons with developmental disabilities in San Diego, CA. Awards and Recognitions First Transit’s success in California is further evidenced through the awards we have received and helped our clients to receive: • Tri Delta Transit – named the Best system of its size in North America by the American Public Transportation Association • Service Provider of the Year from San Andreas Regional Center – Santa Cruz • CTAA Rural System of the Year – Estuary Transit District 12 EL MONTE EXPERIENCE Operating half of a dozen transit service locations within only a few miles of the El Monte area, First Transit is intimately familiar with the unique transit needs of the City of El Monte. These locations include as far North of El Monte City Hall as Santa Anita Ave. and Santa Clara St. for our City of Arcadia location, including the Methodist Hospital and various medical offices in the area, Northwest from City Hall as far as Las Tunas and Mission Rd. for the City of San Gabriel, including the San Gabriel Medical Center, as far Northeast of City Hall as the City of Hope National Medical Center for the City of Sierra Madre, and as far East of El Monte City Hall as Cameron Street and Sunset in West Covina, including Kaiser Hospital/ Medical Centers and Queen of the Valley Hospital, for our City of Rosemead location. Our size puts the experience and resources of a large company at the City of El Monte’s service, but our relationship to the local region offers the responsiveness and familiarity of an organization much closer to home. “Incredibly responsive… We transitioned to First Transit during a pandemic, with literally not a single complaint from any customer.” – City of Rosemead FIRST TRANSIT’S NEARBY EL MONTE CLIENTS Client Name Description of Services Service Start City of Arcadia Fixed Route and Paratransit operations and maintenance Fleet Size: 20, Number of Employees: 47 September 1, 2017 City of San Gabriel Paratransit operations and maintenance Fleet Size: 20, Number of Employees: 47 July 1, 1991 City of Sierra Madre Fixed Route and Paratransit operations and maintenance Fleet Size: 20, Number of Employees: 47 July 1, 1997 City of Rosemead Paratransit operations and maintenance Fleet Size: 7, Number of Employees: 9 February 16, 2020 City of Alhambra Fixed Route and Paratransit operations and maintenance Fleet Size: 17, Number of Employees: 19 August 1, 2019 City of Monterey Park Fixed Route operations and maintenance Fleet Size: 20, Number of Employees: 47 July 1, 2015 First Transit’s 2021 Customer Survey Results City of Arcadia City of Rosemead City of Monterey Park City of San Gabriel █ How satisfied are you overall with your local First Transit management team? █ How would you rate the overall value of the service your organization received from First Transit? █ If your contract expired today, how likely would you be to continue your relationship with First Transit? 9/10 9/10 9/10 10/10 10/10 10/10 9/10 9/10 9/10 9/10 9/10 9/10 13 MICROTRANSIT EXPERIENCE First Transit, as a leader in the transportation industry, understands that transportation services must evolve to meet the changing needs of our passengers. Microtransit services, an on-demand transportation, is one such solution that has been successful in improving system flexibility, efficiency and convenience. The idea is to provide mobility solutions to better connect various communities and/or zones to increase the use of public transit. In many of these operations, First Transit partners with our clients in evaluation, planning, service design and implementation to develop the best fit for the community. With microtransit solutions, passengers can travel to pre-determined stops with ease on demand. Technology is a vital component of microtransit operations, as passengers use mobile apps, or call a designated number, to request a ride. The technology solutions implemented usually allow for designation of an ADA accessible vehicle for those passengers with disabilities. Passengers and dispatchers can see the real-time location of their vehicle, making commutes and trip planning much easier on the part of the passenger. User, driver, and administrative training are essential to the successful deployment of a microtransit system. This training has a profound impact on every aspect of service delivery, including safety, customer service, overall quality, efficiency, and more. Our SaaS provider will work diligently to see that the City’s customers receive the tools they need to manage their travel. From Data collection and reporting to launching an effective marketing campaign, our team has extensive experience in all aspects of planning, deploying, and managing microtransit services across the country. First Transit operates various types of microtransit services for our clients. Whether microtransit services are being added to a larger contract that we already oversee, or to a new operation, we can help design and implement the microtransit zones, routes, technology, operators and vehicles for El Monte. Our current portfolio includes microtransit operations from Bowen Island in Vancouver, British Columbia to San Bernardino and Antioch, California, as well as college campuses like Louisiana State University and the University of Tennessee. Each service model is unique to the specific demographics and location being served, giving First Transit the breadth of experience to have worked with a wide array of service models and technologies. We look forward to furthering our conversations with City staff about our experience and the best practices in the world of microtransit. SUCCESS STORY ON DEMAND SERVICE START-UP IN SAN BERNARDINO CHALLENGE: OmniTrans was looking for an efficient way to meet the mobility nee ds in areas with less demand, such as Chino Hills. Chino Hills required a transportation solution that met operational costs and passenger demands effectively. With the increasing popularity of on- demand transit services and the necessity to provide valuable service, First Transit had an opportunity to develop a microtransit on-demand service for OmniTrans passengers in the Chino Hills local area. SOLUTION: To offer a more individualized approach to the service, in 2020 First Transit worked with OmniTrans to develop a microtransit pilot service, branded as OmniRide. OmniRide started in the Chino Hills area, allowing residents, visitors, students and employees the ability to autonomously order their transit rides directly from the OmniRide On-Demand mobile app. This service also accommodates people with disabilities traveling with a mobility device. Keeping innovation at the forefront of the OmniTrans services, First Transit partnered with RideCo to provide a user-friendly mobile app that makes it easy for passengers to schedule and pay for their transit needs efficiently. Passengers can download and start using instantly. From OmniRide’s startup in September 2020 to August 2021, we provided nearly 4,000 microtransit rides. Since OmniRide was successful and impactful to the area, First Transit has increased the availability of on-demand services to even more 14 OmniTrans passengers. In August 2021, OmniRide expanded into a second nearby area, Upland, as well. OmniRide has improved First Transit’s use of resources, enhanced customer service with flexibility and customized service, and lowered operational costs. The number of passengers using this accommodating and affordable on-demand microtransit in Chino Hills and Upland, has more than tripled since it began, and is increasing more every day. Plans are underway to add OmniRide to a third community, Bloomington, in early 2022. MICROTRANSIT DEPLOYMENTS More information is included below on just few of our microtransit operations. REDI-RIDE, FAR NORTHERN REGIONAL CENTER (REDDING, CA) The Far Northern Regional Center (FNRC) is a nonprofit organization providing services to the persons with developmental disabilities in Redding, CA. With increasing job opportunities for its clients, FNRC recognized that additional transportation options for its clients would be necessary. FNRC reached out to its long-time partner, First Transit, to develop a new, on-demand transportation service in 2017. Known as Redi-Ride, this on-demand service provides ambulatory and wheelchair-accessible trips for FNRC’s clients. Clients or their aides can book trips via an app-based solution. Passengers can also call First Transit’s dedicated call center staff for after hours, weekend, or future reservations. Since the beginning of this program ridership has increased, we now provide 600 rides per month in Shasta County and Tehama County. OMNIRIDE, OMNITRANS (SAN BERNARDINO, CA) In 2020, First Transit worked with OmniTrans to develop a microtransit pilot service, branded as OmniRide. OmniTrans was looking for a more resourceful way to meet the mobility needs in areas with less demand, such as Chino Hills, an area that needed a transportation solution that met operational costs and passenger demands effectively. OmniRide started in the Chino Hills area, allowing passengers the ability to autonomously order their transit rides directly from the OmniRide On-Demand mobile app, through RideCo. From OmniRide’s startup in September 2020 to August 2021, we provided nearly 4,000 microtransit rides. Since OmniRide was successful and impactful to the area, First Transit has increased the availability of on-demand services to even more OmniTrans passengers. In August 2021, OmniRide expanded into a second nearby area, Upland, as well. The number of passengers using this accommodating and affordable on-demand microtransit in Chino Hills and Upland, has more than tripled since it began, and is increasing more every day. Plans are underway to add OmniRide to a third community, Bloomington, in early 2022. ALTERNATIVE FUELS The United States is a leading consumer of petroleum and other energy sources worldwide. To mitigate our Nation’s dependency on traditional fuels, many transportation agencies and private transportation providers have transitioned to alternative-fueled fleets over the past few decades. These include hybrid vehicles, as well as those powered by Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG), Liquefied Petroleum Gas and propane. First Transit is committed to supporting the move to alternative-fueled vehicles. We can support the City of El Monte’s selection and procurement of new alternative-fueled fleet assets, including developing specifications for this project. Further, we will ensure the health and longevity of these vehicles through industry-leading maintenance practices tailored for each fuel type. First Transit recognizes that the shared transportation services we offer are themselves an environmentally-friendly alternative to travel via individual automobiles. To this end, we provide services that are efficient, reliable, safe, and customer-focused, assuring our clients their services are attractive to the public they serve. Further, the Company is committed environmental sustainability and responsibility in every facet of our operation. 15 EXPERIENCE WITH ALTERNATIVE FUELS First Transit is competent in the operation and maintenance of alternative fuel vehicles as well as mixed vehicle fleets, including electric vehicles, CNG, LNG, ethanol, biodiesel, LPG and others. First Transit currently operates and maintains more than 1500 CNG-powered vehicles in North America. CNG, LPG, BIODIESEL FUELS, AND ELECTRIC VEHICLES The chart below highlights First Transit’s vast experience in the maintenance of diverse fleets, including various fuel types for the same customer. Locations bolded in the table below represent those with multiple alternative fuel types. CNG LPG Biodiesel Electric Tempe, AZ Olathe, KS New Haven, CT Tulsa, OK Marietta, GA Nashua, NH Hartford, CT Richmond, VA Abbotsford, BC Philadelphia Airport (PA) Visalia, CA Sacramento Airport Los Angeles Airport Vacaville, CA El Monte, CA Santa Cruz, CA Pasadena, CA Phoenix, AZ New Haven, CT Boynton Beach, FL Dania Beach, FL Phoenix, AZ Norwalk, CA San Diego, CA El Monte, CA Kansas City Airport Ft Bend, TX Phoenix, AZ Tempe, AZ San Luis Obispo, CA Everett, WA Antioch, CA Puerto Nuevo, PR New Haven, CT Princeton University Emory University Portland, OR Las Vegas Airport Visalia, CA Stanford, CA Antioch, CA We train our technicians for alternative fuel use and routinely send maintenance personnel to OEM factory schools such as Detroit Diesel, Cummins Engine Corp, Ford Motor and the Natural Gas Vehicle Institute in Las Vegas for certification in CNG. In addition, our maintenance staff has access to the excellent training opportunities offered by the Southern California Regional Transit Training Consortium. MAINTENANCE CONSIDERATIONS FOR ALTERNATIVE FUELS We have valuable experience in the maintenance of alternative-fueled vehicles manufactured by companies such as Gillig, New Flyer, El Dorado National, Stewart and Stevenson, Blue Bird, Orion, Goshen, NABI and Neoplan. In general, the engines in each of the vehicles are identical, except for the fuel injection. There are several maintenance considerations to discuss when using alternative fuels. Some fuels burn faster, causing necessary timing adjustments. Because some alternative-fueled vehicles have higher engine operating temperatures, we follow the manufacturer’s recommendations on all lubricants and filter applications. We change spark plugs every 12 to 18 months or 12,000 to 18,000 miles, due to the higher operating temperatures. First Transit ensures all maintenance employees have the knowledge and skills necessary to operate, maintain, and fuel alternative-fueled vehicles both safely and efficiently. EXPERIENCE OPERATING AND MAINTAINING ELECTRIC FLEETS First Transit has significant experience operating and maintaining electric vehicles on behalf of our clients, including high-profile services in the State of California. We have been leaders in electric vehicle operations and maintenance since 2010 and hybrid since 2005. Today, First Transit operates and maintains electric buses for the following contracts: • Visalia Transit fixed route services (Visalia, CA) • Stanford University’s campus shuttle (Stanford, CA) • Eastern Contra Costa Transit Authority (Antioch, CA) In total, First Transit operates nearly 50 electric buses in the State of California. In addition to traditional bus services, First Transit’s Shared Autonomous Vehicle (SAV) projects have all operated fully electric vehicles, including six in California. First Transit will begin operating and maintaining six electric vehicles for the Columbus Regional Airport Authority later this year. 16 Further, we are responsible for nearly 30 electric vehicles operated under our transit management contracting market segment, with another 52 vehicles expected to be added to this roster in the near future. First Transit was also instrumental in Foothill Transit’s transition to an electric fleet in 2010. Foothill Transit unveiled its first three zero-emissions Proterra Ecoliner buses in 2010 at its Pomona operations facility, then managed and operated by First Transit. First Transit operated, monitored and maintained these first-generation buses. We also previously operated and maintained BYD electric vehicles for Los Angeles Department of Transportation’s DASH fixed route contract and Proterra electric vehicles for the DC Circulator operation for the Washington Metropolitan Area Transit Authority. As the City of El Monte begins to build out its vehicle electrification plan, First Transit will be available as a partner to consult and discuss electrical infrastructure and vehicles, as well as assist with a service analysis, should the City need support during this transition. PROPOSED PERSONNEL AND MANAGEMENT PLAN The Proposer shall include an organizational chart showing the names of all proposed m anagement staff. This shall include a “Project Manager(s)” who may be the City’s central contact person on day- to-day operations for both the fixed route and paratransit services. The Fixed Route and Paratransit Manager(s) or “Project Manager(s)” shall be fully and solely dedicated to this contract for the term of the contract. A resume for the General Manager, Fixed Route Manager, Paratransit Manager, and Maintenance Manager must be included in the proposal. The resume should include the following: • Name of staff member; • Experience; • Training; • Total effort of staff members’ time allotted to the contract expressed in percentages; and • Number of hours weekly. PROPOSED MANAGEMENT AND STAFFING STRUCTURE First Transit’s local management team for the City of El Monte will work under a system of shared accountability. All team members will work cooperatively to manage daily responsibilities across functional areas, and to provide the City with both quality transit services and an unparalleled partnership for supporting your transit goals into the future. Below is the staffing structure which includes all Full Time Employees (FTE), as well as any shared staff resources for the El Monte transit services. Per the RFP requirements, allocated percentages are displayed below for some of those shared resources. Any staff member who is deemed “dedicated” is an FTE and will only work on the El Monte transit services. We believe that this distribution of service will provide the maximum number of personnel hours for each role, so that the City may experience optimal service standards from our team. 17 CITY OF EL MONTE LOCAL LEADERSHIP TEAM The key to any successful operation is an experienced, motivated, and high-performing management team. Our management team brings proven knowledge of the transit industry, experience leading successful organizations, and the energy and passion for delivering efficient operations. Additionally, we are proud of our team’s diversity—87% of staff at our El Monte location are Latino or Hispanic. Our team understands the needs and concerns of the El Monte ridership, whose demographics are similarly composed. In the spirit of a true partnership a representative from the management team will always be on call to respond to the City’s concerns or emergencies, ensuring proactive and responsive service 24 hours a day. We included resumes for our key personnel as an Attachment. DIRAN “ZACK” DEUKMAJIAN, GENERAL MANAGER First Transit is pleased to propose Zack Deukmajian as general manager for the City of El Monte transit operations. Zack has 15 years of management experience in the transit industry and he is highly experienced in transit oversight. His ability to communicate effectively, multitask, and maintain fiscal responsibility will bring about great results for the City of El Monte, as it has at Zack’s previous positions. As the General Manager at LADOT DASH, Zack was responsible for a $24 million budget, oversaw all contractual services, and led labor negotiations. Zack is a performance-driven manager, as proven by his accomplishments at similar locations, including: • Maintained fiscal responsibility for a $24 million budget as General Manager of LADOT DASH • Pre-COVID19 – Maintained a close to 95% On-Time Performance rate for all of the services operated out of El Monte • For the year of 2021, achieved zero Lost Time for Injuries, employee injuries that prevent work City of El Monte Zack Deukmajian, General Manager, Shared (5% allocation) Yu Chiun Lu, Operations Manager Dedicated Dispatcher 1 Dedicated, 11 Shared Vehicle Operators 16 FTE Nazario Morales, Safety & Training Manager Shared (5% allocation) Road Supervisor 1 FTE, 1 Shared (50% allocation) Ben Casillas, Maintenance Manager Shared (5% allocation) Maintenance Technician 1 Dedicated, 3 Shared Utility Worker 1 Dedicated Admin. Asst. 1 Dedicated Accomplishments Relevant to El Monte’s Requirements 15 years of transit management experience Seventeen years of experience in project management, including projects with upwards of $20 million budgets Proven performance increasing revenues while reducing costs 18 Zack will perform all on-site management duties on your behalf, and with complete decision-making authority on the operation of transit services. “There is not a single thing I can think of that would improve how well we have been served by Zack and the gang… Best decision I’ve made.” – City of Rosemead YU CHIUN LU, DEDICATED FIXED ROUTE AND PARATRANSIT OPERATIONS MANAGER First Transit is pleased to propose Yu Chiun Lu as operations manager for the City of El Monte’s transit operations. Yu has 10 years of management experience in the transportation industry including work as Fleet Manager of Loctek, Operations Manager for Avalon Transportation. Throughout his various managerial roles, Yu gained valuable experience that will benefit the City’s service by equipping it to run safely and reliably. As operations manager, Yu will direct day-to-day operations of the City’s transit system, including supervision of staff, performance monitoring, safety oversight, and prompt resolution of service concerns. Yu will handle ensuring the safe, cost-effective, and on-time operating performance of the transit system. Under his direction, we will meet all service delivery standards set forth by the City of El Monte. BEN CASILLAS, MAINTENANCE MANAGER First Transit is pleased to propose Ben Casillas as maintenance manager for the City of El Monte transit operations. Ben began his transit maintenance career as a bus technician, performing inspections, preventative maintenance, and increasingly complex repairs. He has taken that hands-on experience and applied it to fleet maintenance management. He has utilized his extensive CNG experience to ensure exceptional maintenance for Monterey Park, helping extend the life of the fleet. Ben has nearly 20 years of maintenance experience in California. Ben will supply general maintenance management oversight for the City. He will handle all City fleet maintenance, repair, and cleaning activities, along with personnel management, safety and security oversight, and suggestions for continuous process improvements. NAZARIO MORALES, SAFETY AND TRAINING MANAGER First Transit is pleased to propose that Nazario Moreno as safety and training manager for the City of El Monte transit operations. He has been in transportation local to Los Angeles for two decades. He has served as a vehicle operator, dispatcher, and then supervisor, before moving into his current role. We believe this breadth of experience and an understanding of safety-focused service delivery at every level of an operation will benefit the City of El Monte’s transit operations. Nazario will oversee all aspects of operator training including new hires and annual refresher training. He will also conduct regularly scheduled safety meetings with maintenance and operations personnel, and fleet operators. DEDICATED ADMINISTRATIVE ASSISTANT, TO BE NAMED First Transit is pleased to propose a dedicated administrative assistant for the City of El Monte transit operations. This employee will have experience developing analysis reports and managing detailed documentation and data sets, thereby supporting the management team and operating staff, and, in turn, the City’s transit system. He or she will compile operational statistical and financial reports, statements, and summaries and supply these to managerial staff, as well as help with various as-needed tasks in support of said managerial staff. 19 MANAGEMENT TEAM RESPONSIBILITIES Led by Zack Deukmajian, our management team will handle promoting and supporting effective communications throughout the local staff. Manager Responsibilities General Manager Serve as the primary contact for the City of El Monte and ensures contract compliance Responsible for talent recruiting, hiring, employee retention, motivation, labor relations, and work force planning and allocation Ensure successful operations, supporting corporate policies and procedures; maintaining and reporting on expenses and revenues; managing all assets, and monitoring service performance goals Responsible for the safety and security of passengers, employees, fleet, and facilities by assuring that standards for safety, customer service, and professionalism are supported throughout the region Maintains a positive community presence and responds to any issues related to service delivery Reviews overall operation KPIs to ensure that they are meeting the City’s expectations Final review for accuracy and signoff of program reports due to the City Fixed Route and Paratransit Operations Manager Accountable to General Manager for the quality-of-service delivery and will support the General Manager with daily operational activities. Assumes first-line supervision of location employees, compliance with company policies and procedures, and coordination of operations staffing Reviews daily, weekly and monthly travel trends and service data that may impact on-time performance Oversees road supervision activities, helps operators with manifest issues, and counsels and supports operators on operational, safety and attendance related issues Coordinates with the maintenance department to deliver safe and reliable fleet operations, ensure that client vehicles are available for scheduled maintenance, Assists in accident and incident paperwork and aid in the coordination of monthly safety meetings. Responds to customer commendations, complaints, and concerns Ensures that all drivers follow the published route and timetable Safety and Training Manager Supervises recruiting efforts, conducts reference checks and DMV verification for prospective employees, processes new hires, oversees physicals and drug/alcohol testing, and monitors credentials and licenses Implements safety plan, chairs the Safety Solutions Team, and conducts monthly safety meetings Conducts observed and unobserved ride checks, reviews accidents and incidents with operators, and assign refresher training or recommend disciplinary action, as needed; gather information, investigate, and report on safety, accident, and Worker’s Compensation issues Maintenance Manager Directs the recruitment, hiring, training, evaluation, and supervision of all maintenance personnel Consults with the General Manager to prepare departmental budgets Schedules and distributes all fleet and facility maintenance resources including preventive maintenance, repairs, troubleshooting, and cleaning programs Maintains and secure parts and fluids inventory; coordinate maintenance subcontracts; and maintain accurate maintenance records. Ensures compliance with the City of El Monte and First Transit Preventive Maintenance (PM) Programs and safety inspection schedules; manages shop safety programs; performs safety inspections WEST REGION MANAGEMENT TEAM First Transit’s region management team will support the City’s service throughout the contract term, assuring the City of El Monte’s satisfaction with our operation. This team’s diverse qualifications and experience will provide support for our local team across the City’s transit operation, including the areas of safety, training, maintenance, administration, accounting, insurance claims management, and human resources. 20 West Region Support Team Fadi Chakbazof, Senior Vice President: Fadi has nearly two decades of transportation experience in delivering operational excellence and innovative solutions for transit agencies. Fadi leads a team of experts to ensure quality service at the locations. He will work closely with the region staff for success in client relations, performance, and operations. Tony Mercado, Senior Region Director of Operations: Tony has more than 20 years of management experience. He will provide operation, planning, and administrative support to the location. Tony is also responsible for daily operations, system performance, location safety, budget preparation, and location staffing levels. Maureen Jacobson, Vice President of Finance: Maureen provides management reporting and analyses of all financial and operating data for our Central and Western region locations. Maureen handles all financial reporting and analysis, operational and financial controls, forecasting and budgeting, process efficiencies and overall financial oversight on day-to-day operations for both the region and location levels. She has nearly 30 years of finance experience in the transit industry. Scott Hansen, Region Director of Maintenance: Scott has nearly 30 years of experience in transit fleet maintenance. Scott carefully monitors maintenance expenses, maintenance standards, repair efficiencies, maintenance training programs, and budget preparation. He works closely with his region staff to monitor trends and find innovative maintenance solutions for clients. Scott Nuttall, Region Director of Safety: Scott has more than 10 years of experience in safety. He ensures all First Transit operations follow all applicable DOT, regulatory, compliance, and First Transit policies and procedures, and supports the safety of all operational facilities in the West Region. His previous experience includes nearly a decade as a navy corpsman. Melissa Hailey, Senior Director of Human Resources and Labor Relations: Melissa has more than a decade of labor relations and human resources experience with First Transit. While serving as our Labor Counsel, she was chief negotiator for the employer in collective bargaining with various labor unions, engaged in strategic planning with region operations leadership to align labor agreements with company goals, and developed effective HR policies and procedures for field operations. She will work with each location to provide additional support for any complaints or issues that may arise with employee relations. Jason Hartong, Manager of Performance Assurance: Jason has more than 20 years of transportation experience. In his role, he monitors performance and service delivery statistics for each location. He also provides support to local management teams to resolve complex operational challenges, including scheduling, performing quarterly review of service run cuts, and performing semi-annual run cuts. Jason represents First Transit in a consulting role, partnering with our client agencies to provide support for transit operations, planning, and scheduling projects. For this contract, Jason will analyze and create the run cut needed for the City of El Monte service. 21 EMPLOYEE TRAINING Provide a description of all employee training programs including driver, maintenance, management, reservationist, dispatch, road supervisor, and safety training. One complete copy of the driver training program and safety program must be included with the proposal. OPERATOR TRAINING Operator training has a profound impact on service quality and efficiency. A program that focuses on safety and customer service will ensure operators have the tools to provide a world-class service that is consistent, reliable, and attractive to your passengers. What sets First Transit apart from our competitors in the area of training includes the following: We are the only provider who offers truly one-on-one behind-the-wheel training We are the only private contractor to use official US Department of Transportation training manuals for operator core training Employees have access to First America University, First Transit’s online training database with thousands of e-learning modules The foundation of our industry-leading training program is based on both the right content and the right delivery. Comprehensive, relevant content is delivered by certified, experienced trainers – offering El Monte a training approach that is both effective and focused. NEW OPERATORS New operator training spans a minimum of 80 hours and covers the proposed routes, vehicle operations, passenger assistance, customer service, regulatory requirements, safety, and security. Further, passengers require an enhanced level of care and understanding, which drives specialized training content for all operators. Our operator training program teaches our operators how specific disabilities impact the passenger experience and the legislation that we must follow in our operation. It also prepares operators how to provide effective passenger assistance, ensure the safety of these important passengers, and above all, to protect their dignity and privacy. The Right Content •Emphasis on safety and customer service •Continual updates to curriculum through local, regional, and corporate team collaboration •Incorporation of innovative technology •Customizable training curriculum tailored to trainees' needs, skills, and education •Includes all El Monte-specified training requirements The Right Delivery •Transportation Safety Institute-certified instructors who are capable, experienced, registered with the Department of Transportation (DOT), and are Smith System Driver Improvement Institute-certified •Refresher and annual training to promote continued development •Evaluation of trainee progress through quizzes, driving tests, and customer service evaluations to confirm success 22 SELECTION PROCESS First Transit’s vehicle operators are the most visible segment of our operations team. In the field, they serve as El Monte’s service ambassadors, assisting passengers with getting from point A to point B as smoothly and safely as possible. For this reason, we focus on hiring candidates with a strong aptitude for customer service and safety and provide training which will prepare them to provide world class service for the City’s passengers. As described in our proposal, operators must undergo a rigorous selection and screening process to ensure we hire the very best candidates to transport our most valuable asset – our passengers. Once the candidate completes the hiring process, he or she will enter training. CLASSROOM TRAINING Training begins with the classroom phase, designed to acquaint trainees with First Transit, the City of El Monte, and the Fixed Route, Paratransit, and Dial-A-Ride services. Training is facilitated by a TSI-certified First Transit trainer. Classroom training comprises the following topics, which focus on the fundamentals of driving and what it means to be an operator for the City of El Monte and First Transit: • Safety at work and on the road • Security awareness • Emergency management • Map reading and navigation • Communication with passengers and coworkers • Distracted driving • Drug and alcohol compliance • Fatigue and sleep apnea awareness Classroom training includes a module on transporting passengers with disabilities. This module focuses on protecting and respecting passengers’ privacy and addressing passengers with dignity and respect. This module covers the following topics, which are critical to the effective and customer-focused delivery of the fixed route and paratransit/DAR service: • Understanding Disabilities: How to avoid assumptions about persons with disabilities and the different types of disabilities passengers may have. • Empathy: Understanding the challenges faced by persons with disabilities, particularly in accessing public transportation and relating to passengers and operators. 1. Selection Process 2. Classroom Training41.50 hours 3. Behind the Wheel Training and Evaluation 24 hours 4. Cadet Training -14.50 hours 5. Post-Training Evaluations Steps to Develop a Successful Vehicle Operator 23 • Sensitivity and Etiquette: Using “people first” identifiers rather than identifying persons by their disabilities (e.g. “persons with epilepsy” vs. “epileptics”), protecting and respecting passengers’ privacy, and addressing passengers with dignity and respect. • Mobility Aid Movement/Passenger Assistance: How to safely secure mobility devices and assisting passengers with boarding and alighting the vehicle (e.g. appropriately guiding a person with vision impairments). • Safe Driving: Training instructs operators how to operate vehicles and accessibility equipment safely, including slower turns, accelerations, and decelerations, to minimize on-board injuries and increase passenger confidence and comfort. Operators also undergo annual ADA refresher training. This will include sensitivity training and a skills evaluation to confirm operators can appropriately assist passengers with disabilities in the areas of mobility device securement and boarding and alighting the vehicle. BEHIND-THE-WHEEL TRAINING To familiarize inexperienced operators with actual on-road situations and hazards, all operators complete First Transit’s Behind- the-Wheel Training program. This training involves the following phases: • Closed course instruction trains vehicle operators in maneuvering the vehicle in a secure area. This training uses simulated obstacles and road situations that replicate the proposed service area. Key topics include: o Vehicle Orientation—pre-trip inspection, seat adjustment, mirror adjustment, braking, accelerating and transmission o Reference Points—lane position, right/left side, backing point, forward stop, pivot points, turning points o Vehicle Control— Straight in lane, left turn, right turn, lane changing— moving right or left • Controlled course work allows the operator to become more familiar with handling the vehicle in a controlled area. The course is designed specific to the service area, on two lane roads with minimal obstacles, and is less than 35 mph. Operators learn the challenges of routes and service area characteristics and develop skills to predict and manage actual driving situations. Key topics include: Smith System defensive driving, intersections, service stops, backing. • Advanced road-work training is conducted on a one-on-one basis with qualified trainers. No passengers are on-board during road-work training, while the new operator becomes familiar with service area routes. Operators are credited ONLY for the time they are actually operating the vehicle during road-work instruction. Key topics include: Smith System driving, roadways, expressway/highway driving, intersections, service stops. After completing behind-the-wheel training, operators demonstrate that they have mastered required skills by successfully completing a thorough final evaluation before progressing to cadet training. We do not allow a new hire to operate a vehicle with revenue passengers until this phase of training is completed satisfactorily. CADET-IN-REVENUE SERVICE TRAINING The last step in new-operator training – and the transition from instruction to real-world experience – is our Cadet-in-Revenue Service Training. Each new operator, or cadet, is coupled with a certified cadet trainer who is typically a mentor or senior operator. This one- on-one evaluation includes in-service training hours on actual transit routes. Cadets demonstrate their ability to drive safely, provide excellent customer service, and assist persons with disabilities and mobility devices. Cadet trainers conduct a final evaluation after the Cadet-in-Revenue modules are completed. Only cadets who successfully pass this final stage of training are qualified to be assigned manifests or routes. 24 POST-TRAINING EVALUATIONS To monitor operator performance and ensure continued compliance with the training principles, all new operators undergo three post-training evaluations. These evaluations are completed 30 days, 60 days, and 90 days following successful completion of the training program. Evaluations provide additional mentoring opportunities for new operators and additional support as successful members of the First Transit team. Operators who need additional training will be referred to and assessed by the Safety Department. INCUMBENT OPERATOR TRAINING PROGRAM Operators who choose to continue with Fixed Route, Paratransit, and Dial-A-Ride services under employment with First Transit are required to undergo a modified training program prior to service start. The training program for incumbent operators is customized for each startup to accomplish the following: • Ensure existing operators meet El Monte’s and First Transit’s standards • Incorporate any new requirements represented by the new contract • Address existing performance issues, particularly safety and customer service Training varies in scope and duration from four hours to 16 hours, depending on our service assessment. Typically, training would include an overview of First Transit policies, a review of City requirements, and refresher training in the vehicles, disability awareness and communication, customer service, and defensive driving. TRAINING SYLLABUS Classroom Training Unit Training Topics DVD / Video Hours 1 - Introduction • Welcome and Introduction • HIPAA • Fraud, Waste and Abuse • Title VI Civil Rights Act 1964 • Employee Handbook • BeSafe - Making Safety Personal • Hazardous Communication • Bloodborne Pathogens • Busing on the Look Out • Welcome to First Transit • Hazardous Communications • Bloodborne Pathogens • Busing on the Look Out 5.00 2 -Fundamentals • Safe Work Methods • Intro to the Bus • Basics of Safety • Managing Emergencies • Security Awareness • Map Reading • Communication Devices • Navigation and Fare Policies • Smith System • DriveCam Orientation • Safe Work Methods • Basics of Safety • Disabled Vehicles • Smith System Certified Trainer 10.00 3 - The Operator • Drug and Alcohol Awareness • Distracted Driving • Fatigue and Sleep Apnea Awareness • Smith System Distracted Driving • Smith System Drowsy Driving 3.00 4 - Transporting Passengers with Disabilities • Transporting Passengers with Disabilities • Interacting with Passengers • Diffusing Conflict 10.50 25 Classroom Training Unit Training Topics DVD / Video Hours • Passenger Care While Loading and Unloading • Mobility Aids and Devices • Service Stops and Boarding Zones • Elder Abuse 5 - Driving Fundamentals • Driving Fundamentals I • Driving Fundamentals II • Roadway Types • Railroad Crossings 4.00 Contractual Requirements • First Aid/ CPR • Red Cross Certification process 8.00 Final Evaluation 1.00 Total Classroom Training 41.50 Behind-the-Wheel (BTW) Topic Hours Skills Course (Group Work) 10.00 Vehicle Orientation • Pre-Trip Inspection • Seat Adjustment • Mirror Adjustment • Braking, Accelerating and Transmission • Wheelchair Securement Reference Points • Lane Position • Right Side / Left Side • Backing Point • Forward Stop • Pivot Points • Turning Points Vehicle Control • Straight in Lane • Left Turn • Right Turn • Lane Changing - Moving Right or Left Basic Road Work 4.00 • Smith System • Intersections • Service Stops • Backing Advanced Road Work 9.00 • Smith System Commentary Driving • Roadways • Expressway / Highway Driving • Intersections • Service Stops Final Evaluation 1.00 Total Behind the Wheel Training 24.00 Cadet Training Hours Vehicle operation in service with a trainer 14.50 Total Cadet Training 14.50 CUSTOMER SERVICE TRAINING Customer service training is designed to simulate situations faced by transit operators. It provides in-depth instruction on handling passengers safely and with courtesy and empathy. Skill development includes: 26 • How and why to make customers feel welcome • How to communicate positively and solve problems in an outcome-oriented way • Why policies should be followed and how to make good decisions about exceptions • How and why to establish appropriate, professional boundaries with customers • How to avoid and curtail emotional escalation, power wars and other unsafe behavior • How and when to seek assistance • How to interact with supervisors and co-workers in a mature and positive way All First Transit personnel who have contact with passengers receive this training. In the event operators, supervisors, dispatchers, or other personnel are the subject of customer complaints, a discussion of the incident is conducted. Employees are subject to one-on-one counseling, progressive disciplinary action (including termination if deemed appropriate), supervisor ride-alongs and mentoring, and attending customer service training with a new operator’s class as appropriate. CUSTOMER RELATIONS First Transit is dedicated to safe, punctual, courteous, and professional transit service for the City of El Monte, which is why we take our training beyond the basics of customer service. We want to be a leader in transforming the way people view travel and the way they feel about public transport. In this effort to deliver the highest levels of safety and service and provide greater customer satisfaction, First Transit has developed a Customer Relations program. Our specific skill-development sessions provide additional service training that is focused on building customer relations in support of City operations. This training is taught through the following seven TSI training modules: Module Coursework Introduction Making customers feel welcome on the bus Avoiding problems with customers Handling the customer service Problems cannot be avoided Attitude and Habits Four customer services characteristics – safety-conscious, courtesy, reliability, and knowledge Operators learn that they not only drive the bus, but are also responsible for the safety and satisfaction of our customers On-Boarding and Alighting Identify problems that can arise with customers who are on the bus or alighting Explain solutions to common on-board and alighting problems Applying customer service skills Review First Transit’s and the City of El Monte’s policies concerning on-boarding Difficult Customers Effectively interact with difficult customers Procedures for handling problems presented by difficult customers Solutions to common problems with difficult customers Apply customer service skills Understanding the significance of late-night runs Providing Service to Young Customers Importance of providing professional services to young customers Special challenges of working with young customers Anticipate possible disruptive behavior on the bus Importance of consistently enforcing the rules Group dynamics that influence the behavior of juvenile and adolescent customers 27 Module Coursework Elderly Customers and Customers with Disabilities Customer relation skills when dealing with customers who are elderly and those with disabilities Importance of providing service to elderly customer or customers with disabilities Physical characteristics common to the aging process Ways to provide service to the elderly Obstacles that transportation presents to customers who have disabilities Interpret the importance of the Americans with Disabilities Act (ADA) Duties and responsibilities of bus operators under ADA legislation Concept of empathy and how to apply it when interacting with customers and disabilities How to communicate with customers with various disabilities How to assist customers who use wheelchairs or other mobility devices Our TSI training program on Customer Relations covers the importance of public transit service, the elements of good customer service, and the benefits of delivering safe, courteous, and reliable transportation. CONFLICT RESOLUTION AND AVOIDANCE TRAINING Because our operators and dispatchers are in constant contact with the public, we provide a training course on the topic of Conflict Resolution and Avoidance. This training combines our own guidelines for customer service with curriculum that has been tailored to the City of El Monte’s specific requirements. The goal of this course is to teach operators how to handle demanding situations, and how to remain professional, pleasant, and accommodating when faced with challenging customers. The Conflict Resolution and Avoidance Training Program consist of the following topics: • Active Listening – Instruct operators to listen to what the passenger is saying specifically, and understand the total message that is being sent • Using Proper Words – Provide guidance on how to express empathy, concern, and a desire to help to correct problems • Understanding Goals – Instruct operators to understand the goals and objectives of individuals so the operator can show the customer they care • When to Let It Go – Educate our operators when to “let it go” and how best to end conflicts in a positive manner • You Always have Choices – By teaching our operators that choices are always available in any situation, and that negative situations can be defused and changed into positive encounters • Conflict Avoidance Role Playing – Through role playing, trainees have the opportunity to deal with real life situation and give instructors and other students the opportunity to critique the operator’s actions • Enforcing Procedures and Rules – Provide tips on how to effectively handle rule or procedure violations DISPATCHER TRAINING Well-trained and experienced dispatchers are vital to successful daily operations. Handling everything from operator check-in to accident reporting and day-of-service adjustments, they serve as the primary contact between the office and operators in the field. For the City of El Monte’s service, First Transit also proposes to utilize these dispatchers for reservation and scheduling activities. We believe that this will give the City the opportunity to save costs by consolidating manpower, while maximizing the impact our team can have on customer satisfaction by investing in advanced training for the dispatch team. Dispatchers interact with operators throughout the service day, providing support and direction for myriad variables that impact service delivery, including traffic and service changes. Proactive dispatching facilitates timely service delivery that exceeds customer and the City of El Monte’s expectations. First Transit’s Dispatcher Training Program provides our dispatchers with the understanding of the methods, approaches and skills they need to support our operators in the field. 28 SELECTION PROCESS It is imperative that we select the right candidate for the dispatcher role. A successful candidate must possess the following abilities: • Multi-task successfully • Creatively solve problems • Handle a rapidly changing work environment • Make decisions quickly and confidently under pressure • Maintain a professional working relationship with co-workers and operators • Communicate effectively in person and over the radio Our management team evaluates the individual’s current employment record, conducts an interview to assess their proficiency in these areas, and confirms their ability to perform the demanding responsibilities of a dispatcher. MANDATORY OPERATOR TRAINING FOR DISPATCHERS Dispatchers are typically promoted from within our operator teams and will have already completed our comprehensive initial operator training program. This ensures we have a team of dispatchers who understand the operator’s role in service, which supports effective decision-making during the service day. A newly hired dispatcher will first be required to complete all aspects of First Transit’s Operator Training Program – including in classroom, behind-the-wheel, and cadetting, as discussed in this proposal. DISPATCHER ORIENTATION Once a dispatcher has successfully completed our prerequisite operator training program, they will complete an orientation focused on the goals, practices, and philosophy of dispatching. Dispatchers learn how to adjust to their surroundings and move from peer to a supervisor position with the operators. Our orientation covers the importance of emergency management and protocols, as well as leadership and decision- making. Additionally, this is a time for our dispatchers to prepare to support our customer-focused environment by understanding our diverse client base through training in sensitivity, disability awareness, ADA compliance, and cultural sensitivity. This focused training emphasizes the importance of using “people first” identifiers; e.g. “persons with disabilities” rather than “disabled person.” During this time, the location Safety Manager or designee also leads the new dispatcher in First Transit’s BeSafe Leadership Program. Dispatchers are an important part of the BeSafe Program, as they offer positive reinforcement and support to our vehicle operators. A full description of our BeSafe Leadership Program is detailed in our Safety Program in this proposal. 1. Selection Process 2. Dispatcher Orientation 3. Advanced CTS Software Training 4. eLearning Courses5. Mentorship Program 6. Evaluation and Continuing Education Steps to Develop a Successful Dispatcher 29 We also share our best practices in reservations, aggregated from both our global operations and the experience of our sister companies. This provides the foundation for maintaining and improving operational performance – ensuring El Monte and our customers of consistent service quality. ADVANCED CTS SCHEDULING SOFTWARE TRAINING First Transit’s training addresses functional use of the CTS scheduling software, including: • Advanced principles of increasing system productivity, including the following measures: o Leveraging slack time to optimize routes o Identifying poor routing and reducing route deadhead o Over-scheduling to accommodate same day cancellations and no shows • Understanding of the tools related to scheduling, identifying and managing future day service for increased on-time performance, as well as identifying trends in previous service to make appropriate changes • Ensuring that scheduling staff are knowledgeable of, consistent with, and apply the tools and techniques in the scheduling software designed to optimize vehicle schedules • Helping to assess the use of the scheduling software and the performance on City services to identify potential improvements and opportunities for retraining and specialized training • Identifying trips within CTS that could be best be served as a subscription, and conversely, subscription services that should be discontinued • Completing refresher training on a regular basis and additional training when a new version of the scheduling software is installed ELEARNING COURSES Like most First Transit positions, once our dispatchers complete initial operator training and dispatch orientation, they are required to take eLearning courses applicable to their new position. Our proprietary First America University library is an extensive online database of training resources to help motivated employees increase their skillsets. A sample of the courses new dispatchers must complete include: • Creating an Effective and Safe Dispatch Environment • Building Customer Service/Telephone Customer Service • Recognizing Problem Performance / Steps for Turning Around a Performance Problem / Diffusing Conflict • Incident and Accident Investigation & Procedures • Safety Leadership / Reasonable Suspicion / Emergency Procedures • Sensitivity Training, Passenger Assistance Techniques • Technology Overview and Training on the City of El Monte Tools POST-TRAINING EVALUATION AND CONTINUING EDUCATION The new dispatcher will debrief daily with their mentor and other senior dispatchers. Additionally, First Transit’s fixed route and paratransit operations manager will also complete a wellbeing check to ensure the dispatcher is performing satisfactorily in the new role. The operations manager and other senior dispatchers are continually available to answer any questions the new dispatcher may have. Throughout their careers, dispatchers will continue to participate in ongoing education to ensure they continue to stay up to date on their responsibilities. Dispatchers receive annual retraining on First Transit’s BeSafe program, applicable technology tools and customer service, among other topics. ROAD SUPERVISOR TRAINING Effective road supervision is an essential element of successful daily fixed route and paratransit/DAR operations. Road supervisors are the first level of management to respond in the event of an incident or accident. They interact with the operators daily, providing coaching and support for common challenges, such as farebox issues. They facilitate successful service delivery that exceeds established standards. Further, they serve as a front-line customer advocate. 30 To ensure success in this important leadership role, First Transit’s Road Supervisor Training Program is designed to equip our supervisors with the tools they need to support our operators and passengers. Training focuses on proactive operator support and superior customer service. Selecting personnel with natural leadership and problem-solving skills and providing them with a comprehensive, multi-faceted training program ensures their long-term success. SELECTION PROCESS Effective road supervisor training begins with the selection of the right candidates. There are certain qualities and proficiencies our local management team looks for in road supervisor candidates. In order to handle the demanding responsibilities of being a successful road supervisor, individuals must possess: • Ability to lead • Professional, effective communication skills with employees, passengers, and clients • Aptitude for problem-solving MANDATORY OPERATOR TRAINING In order to prepare road supervisors to support safe, efficient, and customer-focused service, they must first understand the challenges operators face in the field. For this reason, the majority of our road supervisors are promoted from within our operator teams. As such, they will have already completed our comprehensive new operator training program. ROAD SUPERVISOR ORIENTATION Following operator training, the road supervisor trainee will complete an orientation. This training will cover a wide range of topics designed shift the candidate’s mindset from one of on-route service delivery to an awareness of the system as a whole. ELEARNING COURSES Once road supervisors complete the initial operator and road supervisor orientation, they are required to take eLearning courses through our extensive training library, First America University. A sample of these courses include: • Essentials / Understanding a Manager’s Role and Challenges • Building the Coaching Relationship / Using Different Coaching Styles • Recognizing Problem Performance / Steps for Turning Around a Performance Problem / Diffusing Conflict • Incident and Accident Investigation & Procedures • Safety Leadership / Reasonable Suspicion / Emergency Procedures • Sensitivity Training, Passenger Assistance Techniques • Technology Overview and Training on El Monte Tools 1. Selection Process 2. Mandatory Operator Training 3. Road Supervisor Orientation 4. eLearning Courses 5. Safety Manager Guidance 6. Mentorship Program 7. Evaluation and Continuing Education Steps to Develop a Successful Road Supervisor 31 SAFETY MANAGER GUIDANCE After the completion of the initial eLearning courses, our Safety Manager Juan Casillas will answer any questions arising from those lessons. He will also guide new road supervisors through the completion of First Transit’s “BeSafe” Safety Leadership Training. Road supervisors are instrumental in instilling BeSafe principles throughout our workforce, including proactive safety coaching and positive reinforcement. A description of our BeSafe program has been provided in the Safety Program section of this proposal. The safety manager also ensures that the new supervisor understands each of his or her job responsibilities and how to carry them out. The safety manager or designee trains new supervisors on the following responsibilities: • Completion of all forms, including daily road supervision checklist, operator observation form and workers compensation form • Effective use of all technology tools, including road supervisor tablets, DriveCam SF300, Geotab Pro Plus, First Transit’s Management Information Dashboard, etc. Our Safety and Training Manager Nazario Morales will also ensure the road supervisor can apply the principals presented in the accident eLearning course by setting up mock accident scenarios and having trainees complete all procedures, including taking pictures, interviewing, paperwork and filing. POST TRAINING EVALUATION AND CONTINUING EDUCATION Daily debriefs with more senior road supervisors and a wellbeing check conducted by the safety manager will confirm the supervisor is succeeding in his/her new role. The safety manager identifies areas for improvement and challenges the employee to further develop his or her skills. The safety manager is continually available to answer any questions the new supervisor may have. After the initial phases of training, road supervisors will continue to participate in ongoing education to hone their skills and ensure they stay up-to-date on policies and procedures. Road supervisors receive annual retraining on wheelchair securement, First Transit’s BeSafe program, and customer service, among other topics. MAINTENANCE TECHNICIAN TRAINING First Transit provides unmatched technician training that leads to higher quality repairs for the City of El Monte transit fleet. A well-trained technician performs quality repairs in a more efficient manner – resulting in a consistent maintenance approach, more reliable fleet, and reduced vehicle downtime. SELECTION PROCESS Like all First Transit team members, maintenance technicians must pass a thorough background screening. They are selected based on their background, driving record, and maintenance experience. SKILLS ASSESSMENT All First Transit technicians undergo a basic skills assessment to determine their individual skills and suitability for the City of El Monte contract. Technicians will complete a comprehensive online skills assessment to establish an objective knowledge baseline in specific areas. Each assessment measures technical competency to a detailed level of theory, application, and diagnostic ability across several technical areas. 1. Selection Process 2. Skills Assessment 3. Customized Training 4. ASE Certification Steps to Develop a Successful Maintenance Technician 32 Once onboarded, we use this pre-hire assessment to determine which areas the new technician should focus on. We have also found this assessment to be an integral step towards improving a technician’s specific skill set and achieving personal training goals. CUSTOMIZED TRAINING Based on the assessment described above, First Transit’s maintenance trainers will develop an individualized technician training plan based on contract requirements, fleet-specific topics, and any gaps in the candidate’s knowledge or skills. First Transit uses the training resources below to prepare our technicians to keep the City of El Monte’s fleet in top condition. Technician training combines hands-on training and mentorship with online training to strengthen our maintenance team’s skill level. First Transit employs a team of six full time travelling maintenance trainers. These highly skilled maintenance professionals visit our local operations to facilitate additional training for the team. FIRST TRANSIT TECHNICAL COLLEGE All of our maintenance locations use First Transit Technical College (FTTC) for training new technicians and providing annual required training for experienced technicians. FTTC is an industry-leading, extensive, interactive, online training program with hundreds of modules specific to fleet maintenance. FTTC offers numerous courses in support of our technicians’ professional development. These include vehicle maintenance practices and ASE test preparation courses, which include sample ASE-style tests and a timed test duplicating the actual ASE Exam. FTTC’s self-paced modules contain critical content, which is reinforced through interactive graphics and animations. The training is available at any time, so technicians can work through the materials at their convenience. Each required module requires a course review and exam before completion. These tests combine helpful remediation while addressing the unique needs of the technician with text-based theory for enhanced learning and retention. Managers and supervisors may log into the system at any time to monitor technician activity within the training program. Supervisors and managers can produce a Course Usage Report to track of hours dedicated to the training curriculum to encourage technicians to continue progressing through their customized training program. The First Transit maintenance training team also has a Vimeo channel with dozens of training videos. After technicians view a video on this channel, they complete the knowledge assessment on FTTC to confirm they have completed their training. HANDS-ON TRAINING After technicians have completed their FTTC training, they will perform hands-on training on-sight. Maintenance managers or maintenance supervisors will observe new technicians completing jobs, offering constructive feedback and instruction. Managers will demonstrate specific skills and procedures and then watch the technician perform corresponding procedures. This hands-on training ensures that all maintenance technicians are demonstrating required skills in accordance with the City of El Monte and with First Transit requirements and best practices. SAFETY TRAINING Maintenance technicians will complete safety training to ensure safe work practices in the shop. Following an overview and introduction to First Transit and our employee handbook, technicians will receive training in the following topics: General Safety Maintenance Safety • BeSafe • Hazard communication • Bloodborne pathogens • Safe work methods • Smith System defensive driving • Substance abuse • Shop safety handbook overview • Vehicle lift safety • OSHA mandates • PPE 33 Technicians also engage in daily safety toolbox talks with the maintenance manager and/or maintenance supervisor. This is a valuable part of our ongoing safety and maintenance communication with our team. Toolbox talks are designed to review the last shift and prepare for the coming shift. The talk starts with a safety message, followed by a review of the shop priorities for the shift/workday, the prior shift’s performance, and each technician’s work assignments. MANUFACTURER TRAINING First Transit’s technicians also receive classroom instruction and on-the-job training provided by manufacturers and parts suppliers, including AC/Delco, Cengage Learning/Delmar, Noregon Diagnostics, General Motors, Ford Motor Company, and other OEMs. We leverage our relationships with these vendors, who send trainers to our locations to improve our team’s skill set and ensure technicians have up-to-date skills and maintenance knowledge specific to the different vehicle types we maintain. First Transit employees also have access to training videos through the vendor training portals, including AC/Delco, the Meritor Bullpen, Navistar Education, Roush CleanTech, MCI Academy, and Cummins Engine Service and Training Information. These courses comprise part of our technicians’ 40 hours of required annual refresher training. ANNUAL REFRESHER TRAINING We require each technician to participate in at least 40 hours of training each year to increase skills and knowledge of industry technology advancements. Each technician receives an annual training plan based on new technology, fleet make-up, and improvements needed. ASE CERTIFICATION Technicians are encouraged to pursue self-directed continued education credits to advance their knowledge, skills, and careers. Opportunities for career progression translates to increased job satisfaction, better performance, and a higher rate of employee retention. To this end, First Transit technicians attend training and certification testing provided by the National Institute for Automotive Service Excellence (ASE). The ASE training program has a series of fifty (50) tests which measure skill level in vehicle maintenance and repair. These tests are grouped by specialty including front-end alignment, brakes, air conditioning, electrical, engine repair, and so on. ASE-certified technicians allow First Transit to apply industry best practices to our maintenance operation, bringing significant value to the City. Highly trained technicians make repairs efficiently, correctly, and safely, reducing unnecessary repairs, preventing unplanned maintenance issues, and reducing vehicle downtime. This program also furthers the professional development of our valued technicians – an important part of our employee retention efforts. In addition to providing opportunities for career growth, employees can earn hourly wage increases by earning ASE Master Technician Certifications. First Transit encourages ASE certifications consistent with our goal of achieving ASE Blue Seal recognition at each shop. The ASE Blue Seal requires a minimum of 75% of our maintenance team be ASE certified, with one ASE-certified technician in each area of the shop. First Transit’s nationwide maintenance team collectively boasts nearly 3,000 ASE certifications and 145 Blue Seal Certified locations. FIRST AMERICA UNIVERSITY (CONFIDENTIAL) First Transit recognizes that our valued employees are the keys to our success. Because of this, we have made a significant investment in the tools to help develop our promising employees. One such tool is First America University, an online resource to help motivated employees reach that next level in their careers. Since launching First America University in 2014, we have expanded our online course catalog to over 4,000 classes, some of which are custom-designed for First Transit employees. We continually update content and add new courses to the library, ensuring that employees have a wide selection of opportunities available. Courses range from professional development tips to advanced Microsoft Office trainings. Many courses have been translated into Spanish and French, in addition to English. 34 First America University courses are available along with in-person training to supplement our employees’ career development and individual training needs. First America University allows new employees to receive professional training from the convenience of their own computer, without the hassle or expense of traveling. Many First Transit employees use this valuable resource. First Transit has also created customized learning plans specifically for management positions. These plans, which we refer to as the Keys to Success, include job-specific courses and information relevant to specific roles. Current employees and employees looking to move up to the next level in their careers have access to these learning plans. Not often do employees get the opportunity to attend online training for the next level of management prior to promotion; First Transit gives them that chance. FIRST TRANSIT’S SAFETY APPROACH The safety of your passengers, other road users, pedestrians, cyclists, and system employees is of paramount importance. The City of El Monte community must trust that the company and the people operating the City of El Monte transit vehicles have the training, skills, and awareness needed to protect these groups every day. For this reason, safety lies at the heart of every area of First Transit’s operation. From on-road operations to the dispatch office to the maintenance shop, every employee is responsible for the safety of the service we deliver. First Transit has created a comprehensive safety approach that empowers employees to impact safety performance and provides the tools to do so. The goal of our approach is achieving “Zero Harm,” which means zero accidents, incidents, or injuries. The efficacy of our safety program is demonstrated in the continuous improvement in the company’s accident frequency rating (AFR), year over year. At the end of FY 2020, First Transit achieved a companywide AFR of 0.20 – well below the industry standard of 1 accident per 100,000 miles. Our clients agree; in our 2021 customer survey, First Transit scored a 9.4 out of 10 for “putting safety front of mind.” We received a 9.3 out of 10 for having “a thorough and effective safety program.” ►►►Specific to our El Monte operation, safety is not just a concept it is a way of life—this location currently operates at 31.6% below the Company AFR goal for our location. More importantly, under Zack’s oversight, we have had zero staff hours lost due to injury for the year of 2021. These statistics emphasize that our safety training and approach not only permeate our operation facility but also our vehicles while out on the road. ESTABLISHING SAFETY AS A CORE VALUE First Transit’s safety program fosters a mindset of safety across our entire organization. A safe mentality drives safe practices, which generates consistently safe performance across the entire operation – from interacting with passengers to washing a vehicle. To this end, we have created BeSafe, our company-wide safety transformation program. BeSafe takes our safety performance to the next level through behavioral change. BeSafe is a proactive approach to safety, which focuses on eliminating potentially unsafe behaviors before they become unsafe events. BeSafe is an effective tool that is used alongside the procedures and policies comprised within our Safety Management System. This program teaches that, by making safety a personal core value, we can reduce or eliminate accidents and incidents in our workplace. With a strong sense of what is safe and what is not, our employees begin to replace risky behaviors with safe ones. BeSafe is based on the following principles: 35 INFLUENCING SAFE BEHAVIORS BeSafe ensures our employees: • Understand the causes and consequences of both safe and at-risk behaviors • Are confident in their skills to have consistent and quality safety conversations • Use the insight and data from group Debrief sessions to make and influence better safety decisions BeSafe is based on the science of behavior – something that can be observed. The science of behavior tells us there are two things that influence behavior: • Antecedents: Anything that comes before behavior that prompts or triggers the behavior, e.g. training, instructions, road signs, policies, posters, meetings, etc. • Consequences: Anything that happens after behavior, good or bad, that influence whether that behavior happens again or not, e.g. praise, criticism, positive feedback, getting to a destination on time, getting a speeding ticket, having an accident BeSafe focuses on consequences, which have the strongest impact on behavior. While antecedents tell us what to do, they do not guarantee that we will do the behavior. We typically continue in behavioral patterns until there are consequences for doing so. There are four behavioral consequences, each with a different effect. INCREASE behavior POSITIVE REINFORCEMENT Getting something you want PUNISHMENT Getting something you don’t want DECREASE behavior NEGATIVE REINFORCEMENT Avoiding something you don’t want to do PENALTY Losing something you already have Through negative reinforcement-, punishment-, or penalty-based approaches, safe behaviors only result in avoiding negative consequences (e.g., reprimands and fines). For this reason, BeSafe concentrates on Positive Reinforcement. We do this by recognizing safe behaviors and rewarding them. Knowledge Our greatest effort is directed at the key safety behaviors that will reduce incidents. Recognition While not ignoring actions that undermine safety, the focus will be on acknowledging colleagues “doing it right” and positively reinforcing these actions. Openness Regular positive coaching interactions, or "touch points" will take place and communication at "Debriefs" will be open and honest. Learning Reporting incidents and near misses will be seen as learning opportunities to continuously improve workplace safety. Courage We encourage employees to recognize and praise each other for safe behaviors –and empower them to challenge unsafe behaviors. 36 We teach our managers and supervisors to be objective not subjective; specific, not vague. Subjective and/or vague instructions or feedback can lead to confusion and misunderstanding. By contrast, well pinpointed, objective instructions and feedback help the receiver know what to do. To establish safe habits, our reinforcement approach must be continuous. Our managers and supervisors regularly interact with our employees to recognize and laud safe practices – preventing our team from regressing to the unsafe behaviors that have been corrected. BESAFE SAFETY LEADERSHIP PROGRAM In order for our safety approach to be successful, managers and supervisors must exemplify safe practices to their teams. The BeSafe Program employs the Safety Leadership Coaching Process, which encourages our managers to use positive reinforcement to recognize safe operational and maintenance practices. The BeSafe Safety Leadership Coaching Process identifies the following “safety critical” behaviors in our workplace: Collison Prevention on the Road Injury Prevention on the Bus Shop-Specific Injury Prevention • Maintaining appropriate following distance through on-road observations • DriveCam monitoring and coaching behaviors • 3-Point contact • Use of “Last Step” • Use of traction aids • Wheelchair handling and securement • Housekeeping (keeping work area free of spills and unnecessary tools/equipment) • Use of personal protective equipment • Use of lock out/tag out procedures BeSafe also teaches managers and supervisors at every level of the organization how to recognize and reinforce these behaviors as they happen, in real time, by using a systematic process for shaping the critical behaviors that drive safety results: • Planning: This effort focuses on linking behaviors to results. Managers and supervisors engage in this planning process to deliver Touchpoints (see below) to individual staff members. • Touchpoints: These are daily, planned positive coaching interactions that recognize safety-critical behaviors through positive reinforcement. These interactions are designed to be brief (2 – 3 minutes) and pinpointed to one specific action or behavior. • Group Debrief Sessions: These once-per-week meetings take place between a group of managers and supervisors. The most senior manager of the group facilitates the session. Each participant shares one example of a successful Touchpoint with the team, and the remaining members of the group provide them with feedback. In this manner, we refine and improve how we deliver our Touchpoints to the staff, ultimately making the Touchpoints more effective. SAFETY MONITORING TECHNOLOGY First Transit is providing the DriveCam SF300 monitoring system for each of our vehicles for the City of El Monte’s service. DriveCam’s on-board camera monitors operator behavior while in service. The camera is activated either manually or by specific driving behaviors, such as hard braking or accidents. This technology is described in detail in the Excellence through Advanced Technology section of our proposal’s Fixed Route/Dial-A- Ride/Paratransit Operation Plan. SUBSTANCE ABUSE TESTING The safety of our passengers, staff, fleet assets, and the communities we serve depends on operators who are fit for duty. For this reason, First Transit has a strict zero-tolerance policy for drug and alcohol abuse. It is our policy – and that of the Federal Transit Administration (FTA) – that safety-sensitive employees be free from the influence of drugs and alcohol. ACCIDENT RESPONSE AND INVESTIGATIONS First Transit’s accident procedures are used when responding to: 37 • Vehicle-involved collisions • Passenger, customer, or employee accidents and injuries • Pedestrian and bicycle accidents • Fixed-objects accidents (curbs, tree limbs, signs, etc.). ACCIDENT NOTIFICATION PROCESS When an incident occurs, the vehicle operator immediately notifies dispatch. He/she provides the following information: • Passenger count on board • Any injuries • Accurate location of the vehicle and incident • A description of any other vehicles or pedestrians involved The dispatcher provides guidance to the operator, including reminding the operator of which safety precautions to take. The dispatcher then contacts 911 (as appropriate) and dispatches a road supervisor to the scene. He/she also contacts the general manager and other relevant management as well as any specific named City staff. In addition, in the event of major accidents and/or those covered by the media, the general manager notifies the City of El Monte immediately. He/she then contacts the region safety manager and region vice president, working with them to obtain direction. All collisions, passenger injuries and employee injuries are reported to our insurance and any named City staff. ACCIDENT-RELATED ROLES AND RESPONSIBILITIES VEHICLE OPERATORS Vehicle operators are the first line of response when an accident or incident occurs. They are tasked with protecting the safety of the passengers and public, as well as recording accurate information related to the incident. After notifying dispatch, as described above, the operator must complete the following tasks: Check for Injuries Take Safety Precautions Observe & Record Facts • Request first aid if necessary • Make a list of injured persons’ names, addresses and phone numbers • Gather facts about the extent of injuries • Document the first-aid that has been given to the injured • Have passengers sign a release form if no injuries occurred • Place safety triangles • Handle passengers courteously, but give instruction • Keep passengers safe by remaining off streets, highways, etc. • Begin completion of accident pack • Record exact time and place of accident • Document any other witnesses’ names, addresses and phone numbers • Obtain names and badge numbers of investigating officers and emergency personnel First Transit’s vehicle operators are trained to not respond to any media requests or discuss the accident with anyone except First Transit supervisors, company insurance adjusters, or emergency personnel. DISPATCHERS In addition to notifying the appropriate parties of an incident, the dispatcher is responsible for coordinating support for the operator. This includes dispatching a road supervisor to the scene, arranging coverage for the route and transportation for uninjured passengers on board. The dispatcher on duty must also document the following: • Gather information on injuries, location, people on board, and vehicles/pedestrians involved • Record all accident information in the Daily Log, including any down time, bus change-outs or passengers transferred in a different vehicle. 38 ROAD SUPERVISORS When responding to any road call or accident, the road supervisor is required to have the following kit while working on the scene: • Accident reporting documents • Writing instruments • Paper • Clipboard • Camera, extra film, batteries, digital storage media (if applicable) • Tape measure • Flashlight • Safety triangles, safety vest, jacket • Seatbelt cutters, seatbelt extensions • Bloodborne pathogen and first-aid supplies Road supervisors are responsible for supporting the operator in securing the scene, gathering information, and documenting the facts of the incident. Their responsibilities are as follows: The following procedures are completed by the first-responding supervisor: Evaluate the Operator Secure the Scene Assist Vehicle operator in Data Collection Coordinate with Investigating Authorities • Check for injuries and administer first aid if necessary • Determine whether or not drug and alcohol testing is required or appropriate, using the Post Accident Testing Decision Maker and through consultation with regional safety • Secure the vehicle and determine whether or not to return vehicles to immediate service • Take pictures of the accident scene • Make a sketch of the scene • Make notes of any skid marks, debris, or other evidence of the accident • Make notes of injuries including names, addresses, and phone numbers of those involved • Identify self to authorities • Obtain investigating officer’s name and badge number • Cooperate fully with police and emergency personnel Road supervisors coordinate all response efforts with all key operations personnel. Finally, they are responsible for ensuring the accident/incident response complies with USDOT, First Transit, and the City of El Monte policies. SAFETY COMMUNICATION MONTHLY SAFETY MEETINGS First Transit requires 12 safety meetings annually, which are at least one hour. These meetings provide our management team an opportunity to listen to our employees, receive feedback regarding operations, and to provide coaching for any teamwide trends that need correcting. First Transit also uses this time to announce any upcoming events or reminders for the month. Safety meeting attendance is a condition of employment and is mandatory for all operators, management, operational staff, and maintenance personnel. Attendance is documented with a sign-in sheet. Our corporate safety team provides our local teams with the safety topic for the month, along with associated safety posters and a training video to use at the meeting. Past monthly training topics include: 39 First Transit invites El Monte staff to attend any and all of these meetings to provide training on areas of importance to the City. RECOGNIZING AND REWARDING SAFE BEHAVIORS We offer our employees incentives to encourage them to maintain safety awareness and behaviors. These incentives include individual safety achievement awards, local safety-based contests, and company-wide recognition at our annual meetings. OUR SAFETY COMMITMENT IN ACTION CORPORATE INVOLVEMENT IN THE NATIONAL SAFETY COUNCIL Our corporate commitment to safety and reputation as a safe provider is evidenced by our executive leadership’s involvement in the National Safety Council (NSC). Consistent with our goal of Zero Harm, the NSC’s mission is to eliminate preventable deaths and injuries through a focus on safety at work, in homes and communities, and on the road. First Transit President Brad Thomas was appointed to the National Safety Council Board of Directors in 2019. As a member of the board, Brad helps oversee the strategic direction and policy development for the NSC. Expanding our work with the NSC, Vice President of Safety David Perez was named to the NSC’s new task force, SAFER: Safe Actions for Employee Returns. Established in 2020 in response to the COVID-19 pandemic, the objective of the group is to guide employers through the process of safely resuming operations now and in a post-pandemic environment. SAFER was created in partnership with leading safety organizations, public health professionals, and safety-focused private companies, like First Transit. The task force will issue recommendations and develop guidance for employers as they navigate the changed work environment and determine most critical needs to ensure the safety of their workers and customers. COVID-19 SAFETY PROVIDING SAFE, RESPONSIBLE TRANSPORTATION SERVICES DURING THE PANDEMIC COVID-19 has changed our world, impacting our daily lives by forcing us to rethink how we approach safety in our everyday activities. In this new paradigm, First Transit – a global leader in transportation – is at the forefront of determining how to provide essential transportation services in the safest manner possible during the pandemic. Ensuring the safety of our passengers and employees is our top priority. Further, it is of paramount importance that we continue to meet our passengers’ transportation needs without significant impact due to added safety measures. First Transit remains committed to providing consistent, world-class, reliable service every day. WORKING IN PARTNERSHIP WITH OUR CLIENTS First Transit has served as a resource for our clients in many ways throughout this unprecedented time, including: 40 • Sharing our expertise and best practices in safety • Helping our clients understand funding available to offset the financial impact to their transportation operations due to COVID-19 • Remaining flexible with changes to routes and scheduling as a result of COVID-19 • Assisting our clients in the procurement of difficult-to-find PPE (such as masks and sanitizer) at First Transit’s bulk pricing • Giving back to the communities we serve in collaboration with our clients, including: o Providing meals for seniors and students in need o Supporting first responders o Providing transportation for healthcare workers • Utilizing our ozone generators to sanitize buildings and vehicles when possible For a complete discussion of our plan to clean and maintain our vehicles, please see the Precautionary Cleaning Measures subsection of the Vehicle Appearance section of this proposal’s Maintenance Program/ Strategy. We remain committed to working collaboratively with our clients to ensure the safety of our employees and passengers, and also to see that the evolving transportation needs of the communities we serve continue to be met. PROCEDURES TO ENSURE PASSENGER SAFETY First Transit is dedicated to the safety of our passengers and the communities we serve. To this end, First Transit will work with the City to determine any procedures needed to protect passengers. Depending on Federal, State, and local guidelines, which continue to evolve, this effort may include: • Requiring passengers and operators to wear masks while onboard • Limiting passenger capacity to ensure social distancing can be maintained while on the vehicle • Installing partitions between the operator and passenger areas First Transit also recognizes that we must ensure a safe environment inside our vehicles, one that is free from viruses and bacteria. We have implemented enhanced cleaning and sanitization procedures, consistent with CDC guidelines. PROCEDURES TO ENSURE EMPLOYEE SAFETY Every effort has been made to protect our employees providing these essential services, keeping communities moving in the midst of the public health crises. Efforts at our locations to protect our employees and the passengers we serve follow Center for Disease Control recommendations and include: • Enhanced cleaning procedures for workspaces and vehicles • Installation of hand sanitizer stations in every location • Distribution of personal protective equipment (PPE) that regularly includes masks (both cloth and disposable) and high- quality gloves (minimum of 5 mill) • Installation of plastic shields and barriers to protect driver space • Avoiding close contact when possible and promoting thorough, efficient handwashing • Holding daily operations meetings and security meetings to keep our team informed and make updates to our procedures as necessary • Implementing alternative operational procedures to eliminate potential for contamination, such as passengers entering the bus through the rear door only 41 First Transit will continue to work diligently to ensure our employees are safe and protected in the provision of their vital responsibilities. SAFE WHEELS Consistent with each of our corporate values, First Transit consistently looks for ways to improve the safety of our passengers with disabilities. Many of our passengers cannot afford a new wheelchair or mobility aid, so we created the Safe Wheels program to provide one, free of charge, to passengers in need. The benefit of this program is two-fold: • Improved Safety: In our experience, old or defective mobility aids can pose a safety hazard for the passenger, the other riders of the bus, and the operator because of the potential of improper securements. First Transit found that more than 40% of passenger injuries come from lack of securement on accessible trips. • Improved Quality of Life: Having a new mobility aid not only improves a person’s ability to ride safely and securely; it enhances a person’s mobility each day by allowing them to maneuver around town and navigate their surroundings with ease. To achieve this end, if our operators notice a passenger has an old or unsafe mobility device, they can nominate that passenger to receive a new base model mobility aid courtesy of First Transit. They fill out the Safe Wheels nomination form and submit it to their general manager and region safety manager for review and consideration. If it is approved, the mobility aid will be delivered to the location so the nominating operator can present it to the passenger. To date, First Transit has provided more than 100 wheelchairs to people in need through the Safe Wheels program. With this program we can help our passengers and our community by providing a valuable service to people in need. “We were all very excited when First Transit rolled out the Safe Wheels program. San Diego was the first location to nominate and present a new wheelchair to one of our passengers. We are able to help make their day a little brighter and bring a smile to their faces.” – First Transit Safety Manager, San Diego MTS SAFETY RECORD First Transit’s commitment to safety – and the efficacy of our safety program – is demonstrated in the continuous improvement in our accident frequency rating (AFR), year over year. *AFR is calculated as the number of reportable incidents per 100,000 miles, as follows: (Total Reportable Incidents / Total Miles) x 100,000 = AFR per 100K Reporting Period AFR* FY 19/20 0.19 FY 18/19 0.20 FY 17/18 0.18 FY 16/17 0.20 FY 15/16 0.16 FY 14/15 0.23 0.18 0.19 0.2 0.21 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 First Transit's AFR 42 First Transit follows National Transit Database (NTD) guidelines for calculating AFR. The NTD defines a Reportable Incident as a safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions: • A fatality due to an incident (includes suicides, but does not include deaths by natural causes, or deaths not associated with an incident) • Injuries needing immediate medical attention away from the scene for one or more persons (excluding other safety occurrences not otherwise classified) • Property damage equal to or exceeding $25,000 However, First Transit’s focus is not merely on reportable incidents. We review every incident/accident, both preventable and non-preventable, to identify areas where we can improve our overall safety performance. EMPLOYEE WAGES AND BENEFITS Provide the salary range and benefits for the following positions: • Fixed Route Driver • Paratransit Driver • Operations Supervisor • Reservationist • Road Supervisor • Clerk • Mechanic • Service Worker Proposer shall describe hiring policies and procedures, including approach and philosophy to minimize employee turnover and to maintain a stable work force. SALARY RANGE AND BENEFITS The focus of First Transit’s successful paratransit operations is on the comprehensive service delivery plan. Our goal is to maintain our positive work environment for our employees through competitive wages and benefits, incentive programs, open communication, and a supportive management team. Our motivated, experienced employees will provide the highest level of specialized service to the individuals who rely on the Fixed and DAR operations. The starting pay for each position requested in the RFP are provided in the above table. The single most vital component of delivering service excellence to the City of El Monte will be your partner’s ability to fully staff the operation for the duration of the contract term. It is vital that wages are high enough to facilitate the ability to recruit, hire, and retain safe, reliable, customer focused drivers. Based on the wage Role Starting Pay Rates Dedication General Manager Confidential Shared Operations Manager Confidential FTE Maintenance Mgr. Confidential Shared Safety Manager Confidential Shared Driver (entry level) $19.00 per hour 17 FTE Dispatch $21.35 per hour 1 FTE, 11 Shared Road Supervisor $21.35 per hour 1 FTE, 1 Shared Technicians $31.00 per hour 1 FTE, 3 Shared Utility $16.50 per hour 1 FTE, 2 Shared Administrative Asst. $20.00 per hour FTE 43 information provided by the City, Driver wages must be increased to present the El Monte service as an available career of choice and to attract and retain a full staff of safe, customer-focused drivers. As mentioned before, our company has direct knowledge and experience operating in the El Monte region with our current Cerritos, Pasadena, Alhambra, San Gabriel and Rosemead operations, as well as several other First Student and First Vehicle Services locations. Our familiarity with the area allows us to be confident in understanding that CDL driver wages for this transportation service must be raised to be competitive with the local labor market. Over the next few years, First Transit foresees that the CDL market in El Monte will continue to drive up wages for CDL drivers. Therefore, it is important that wages are set correctly from the beginning of the contract and remain competitive into the future. There are some significant factors that should be considered as part of any wage proposal: • Impact of the nationwide bus driver shortage • Local/regional unemployment rate • Wage survey for the marketplace / regional area • Availability of qualified CDL drivers in the market Across the nation, a significant factor for success of transportation agencies, school districts, and private contractors, such as First Transit, is the solution for nationwide bus driver shortage. Over the last several years, there have been persistent driver shortages across the country, which have been getting progressively worse due to a lack of qualified drivers in the marketplace. The result is that transit agencies are working overtime to recruit more bus drivers. For example, as of last December, Denver Regional Transit District was short 127 bus drivers. L.A. County Metro, which operates the second-largest bus system in the country, was struggling to fill shifts. Systems such as LADOT and Foothill Transit, as well as multiple school districts in the El Monte area, are experiencing driver shortages. As a result, some of these school districts have raised starting wages. One of the challenges that the City of El Monte will face is selecting a vendor that can present an effective wage strategy that will keep the wage levels sufficient within the regional market. With the largest competitors for qualified drivers coming from LA Metro and OCTA, this can be a challenge for the City of El Monte if the wages are not set right at the onset and if they do not keep pace in the longer term. BENEFIT ELIGIBILITY New salary-employees are eligible the first of month following their date of hire. Hourly-employees may vary based on contract and the associated union agreement but are eligible for coverage first of the month following 30 days. All employees are eligible to contribute to our 401K plan after 30 days of employment. MEDICAL Our employees have a choice of three medical plans. Two are high deductible healthcare plans (Yellow and Blue) and one is PPO style plan (Green), with the option of covering any eligible spouse or dependent child. With the high deductible healthcare plans employees can contribute into health savings accounts (HSA) based on IRS contribution limits. See the attached Summary of Benefit Coverage for detailed information. We encourage our employees to be health-consumers. To help, employees enrolled in any of our plans will receive the following benefits covered 100%: • Routine Physical Exam • Well-Baby Care • Routine Gynecological Exams • Routine mammograms • Colorectal Cancer Screening • Preventative Medicine as determined by the Affordable Care Act 44 DENTAL Our employees are offered either a DHMO or a PPO plan. These plans help with dental care costs including routine exams, fillings, and orthodontics. See the attached plan design for detailed information. VISION Our employees are offered a company vision plan. This plan helps with an annual eye exam, lens, and frames. See the attached plan design for detailed information. ADDITIONAL BENEFITS INCLUDE: • Employee Pride Incentive Program – Each location has an incentive program with small gift rewards for participation in certain safety campaigns, charity involvement, and overall job performance • Sick/ Personal/ Vacation Time Off – 40 hours of paid vacation after one year of employment, and increasing up to four weeks of vacation, may vary by union • Holiday – Eligible drivers will receive holiday pay varying by contract Benefit Option Full Time Hourly (may vary based on union agreement) Salary Short Term Disability Employer provided weekly benefit of 60% of weekly salary up to a maximum of $100 Employer provided weekly benefit based on the employee’s years of service. • Less than 1 year of service: 100% of pay for first month, 60% of pay for next four months • 1-5 years: 100% of pay for three months, 60% of pay for next two months • 6 years or more: 100% of pay for five months Voluntary Short-Term Disability Employee paid options of 60% of weekly salary up to a maximum of $100, $150, $180 NA Voluntary Long-Term Disability Employee paid options of 40%, 50%, 60% of salary up to a monthly benefit of $8,000 Employee paid options of 40%, 50%, 60% of salary up to a monthly benefit of $8,000 Life & Accidental Death & Dismemberment • Employer provided $10,000 benefit for life • Employer provided $10,000 benefit for accidental death and dismemberment Employer provided benefit of one times annual salary Voluntary Life & Accidental Death & Dismemberment Employee paid options are available for employee, spouse/domestic partner, and children Employee paid options are available for employee, spouse/domestic partner, and children Dependent Care Flex Spending Account Employee funded account for dependent care expenses Employee funded account for dependent care expenses 401K Retirement • Employees are eligible to take part after 30 days of employment • Employees are eligible to take part after 30 days of employment • After 1 year of employment, employer will match 50% of your contributions up to 6%. 45 Benefit Option Full Time Hourly (may vary based on union agreement) Salary • After 1 year of employment, employer will match 50% of your contributions up to 6%. • Employer contribution vesting schedule is as follows: o After 1 years of service- 33% o After 2 years of service- 67% o After 3 years of service- 100% • Employer contribution vesting schedule is as follows: o After 1 years of service- 33% o After 2 years of service- 67% o After 3 years of service-100% EMPLOYEE RECRUITING AND HIRING PROGRAM – HIRING TALENTED EMPLOYEES First Transit is more than just a provider of transit services; we’re a community resource. Our passengers rely on us to transport them safely to school, work, and to the many other destinations that are part of their daily lives. First Transit’s commitment to these passengers drives our approach to building our teams for each project; from operators to maintenance to management, every team member is selected not just for their job qualifications, but also for their aptitude for safety and customer service. Our hiring approach allows us to provide the right team to serve the El Monte community while meeting El Monte’s service levels and performance expectations. This approach begins with recruiting and follows a stringent process to ensure each candidate is the right fit for the role. Lastly, our experience in the region suggests that competitive wages will be a key component to not only hiring but also retaining a strong, reliable workforce. Taking into consideration Los Angeles County’s living wage ordinance and the starting wages of our neighboring operations, our operator starting wage will be $19.00 per hour. We are confident that we will compete successfully in a challenging labor market. EFFECTIVE RECRUITING Our commitment to the community we serve extends to our recruiting efforts. We prioritize hiring qualified candidates with local knowledge – which requires recruiting for candidates within the local service area. We first focus our recruiting on hiring from the incumbent provider’s team, then expand our search to the local community to fill any vacant positions prior to contract start. First Transit recognizes that ongoing recruiting throughout the contract term is necessary to maintain service quality and reliability. We ensure we have a pool of qualified candidates ready for hiring when a position becomes available. First Transit is in the business of transporting people—individuals and families who trust us to provide a safe, friendly experience every time they ride the services we operate. However, our operators and staff not only represent First Transit; they also represent the City of El Monte. For this reason, all First Transit employees are expected to share our commitment to safety, reliability, and customer service. Our stringent operator and staff selection process—from interview, to training, to being released into service—is designed to ensure every candidate is the right fit for First Transit and City of El Monte. Our past experience finding and developing talent within the El monte region will help ease the transition from one contractor to another. Across the multiple contracts that we service for our current El Monte facility, we have maintained a 95% position fulfillment rate for all key personnel. The foundation of our recruiting success is a robust recruitment plan that leverages local resources with best practices, described in the following sections. 46 TALENT ACQUISITION TEAM First Transit’s local managers are tasked with understanding their workforce needs. This includes identifying retention trends, seasonal staffing fluctuations, local job market, and other factors that impact workforce stability. To help our managers balance this task with maintaining high-quality service, First Transit provides unparalleled recruitment support through our Talent Acquisition Team. This team of specialists handles the following functions: • Posting all job openings to our applicant tracking system, eArcu • Managing online job boards • Supporting hiring events, which includes producing promotional pieces, modifying advertising copy, providing giveaways, and verifying labor law and equal opportunity employer compliance • Monitoring submissions and ensuring applicants are contacted by locations within 48 hours • Assisting applicants through the process as needed The talent acquisition team manages the process in coordination with the local team and regional human resources support. Centralizing a part of the process allows managers to focus on local recruitment channels and contacts within the community. RECRUITING TOOLS APPLICANT TRACKING SYSTEM First Transit’s Talent Acquisition Team uses eArcu, an online recruiting tool and applicant tracking system. eArcu enables a streamlined, automated, full-cycle recruitment process, including monitoring vacancies, and sourcing, interviewing, and placing candidates. This tool also creates thorough records of each candidate’s journey through the hiring process. Further, eArcu maximizes our return on investment for advertising endeavors, advertises job postings automatically, and collects valuable data about the individuals we hire and those who show an interest in our company. Our responsiveness to candidates seeking employment at First Transit is critical to hiring success. Tools within the tracking system let applicants know where they are in the process, and they enable our teams to keep the process moving before a great candidate is lost. eArcu sends notifications to candidates and allows them to select an interview date/time. The Talent Acquisition Team can monitor the process and keep track of communication with candidates. eArcu also supports effective recruiting strategy. First Transit’s talent acquisition specialists can research where our hires are coming from, allowing First Transit to direct recruitment efforts appropriately. The system also generates a series of reports to assess the efficiency of our process. PROGRAMMATIC ADVERTISING Alongside eArcu, First Transit has incorporated Programmatic Advertising, an automated job placement software, to ensure the best visibility from our advertising efforts. The Programmatic Advertising platform enables us to post positions on various job boards based on jobseeker traffic. This tool helps us focus our advertising efforts where they will get the most attention – leading to results. LOCAL OPERATOR RECRUITMENT ACTION PLAN First Transit knows the value of employees who are familiar with the service area. We will first aim to hire employees from the City’s current service provider, which allows First Transit to retain these employees’ valuable knowledge of the City of El Monte transit services and the local service area. For any vacant positions, we will recruit from within the community. To this end, First Transit’s start-up process includes the formation of a local operator recruitment team. During this period, we also create or update the operation’s recruitment action plan for the year. The action plan is led by our general manager, who will implement the plan and track the status of goals, tasks, and events. This plan is supported by a specialist from First Transit’s Talent Acquisition Team. Local outreach efforts include: 47 • Social media, job posting sites • Newspapers, community newsletters or bulletins, radio, or TV • Billboards, sandwich boards, yard signs, signs posted on First Transit building or in the bus yard • Letters or postcards mailed to local residents • Job fairs (on-site, local, regional), local events, like flea markets, parades, farmer’s markets, sporting events • Employment agencies, local technical/vocational schools, local businesses • Operators and staff spread the word about employment opportunities First Transit also works with numerous organizations to find effective ways and best practices to recruit operators and technicians. These include local and state employment agencies, workforce development agencies, multi-cultural organizations, Veterans Affairs, and military outplacement programs. Among these types of partnership is our work with RecruitMilitary, a military-to-civilian recruitment firm, to maximize employment opportunities for active military and veterans. COMMITMENT TO DIVERSITY MAXIMIZING OPPORTUNITIES FOR MINORITIES AND WOMEN It is in the best interest of our company, employees, and clients to attract, retain and develop a diverse pool of talent that represents the communities we serve. An inclusive workplace allows employees to reach their fullest potential, which contributes to our overall productivity and profitability. First Transit is proud of its team diversity across the nation. Nearly a quarter of our employees are African American, more than twice the U.S. workforce average of 12%. A significant percentage of our workforce also comprises Hispanic, Asian, Pacific Islander, and other minority groups. Locally our El Monte team equally represents the region that it services. With 87 percent of our current staff self-identifying as Hispanic or Latino, we are addressing barriers head-on in an attempt to ease travel for those who need it most. According to the 2018 M&A study, more than two-thirds (71.8 percent) of respondents reported speaking Spanish at home, while just under half (47.6 percent) indicated speaking English at home. We acknowledge that language can be a huge barrier for those trying to travel via public transit and believe that by hiring employees with representative language and ethnic backgrounds as our passengers, we can provide services that help remove some barriers that affect public transit. We are also proud of our female workforce. While First Transit continues to strengthen our hiring of female employees nationally, our corporate team boasts a number of women who are experts in their field. For example, our company thrives under the experienced leadership of Chief Operating Officer Beverly Edwards, an executive with nearly 40 years of transit expertise. FIRST TRANSIT DIVERSITY, INCLUSION, AND BELONGING COUNCIL First Transit created the Diversity, Inclusion, and Belonging Council in response to growing nationwide concerns about equality. The council includes 28 employees from various departments and locations across First Transit and its sister companies First Student and First Vehicle Services. The Council focuses on cultivating an environment where diversity is valued, both in our workforce and our passenger base. The Council meets monthly to discuss ways to advance our diversity, inclusion, and belonging strategy. This Council further equips First Transit leaders and their teams with the tools required for successfully creating and sustaining an inclusive and welcoming culture at First Transit. ENSURING THE RIGHT FIT All First Transit employees are expected to share our commitment to safety, reliability, and customer service. Our stringent operator and staff selection process – from interview to training to being released into service – is designed to ensure every candidate is the right fit for First Transit and the City of El Monte. INTERVIEWS After reviewing applications, First Transit invites prospective operators to an interview. We have developed an Operator Interview Guide based on hundreds of thousands of interviews we have conducted companywide. This guide helps us 48 consistently screen and select individuals for the characteristics needed to become successful operators. These include relevancy of experience, aptitude for safety and customer service, response to stress, and schedule suitability. Following a successful interview, the location manager will extend an offer letter to the prospective operator. Upon candidate acceptance, internal First Transit staff will begin the background screening process. BACKGROUND SCREENING SCREENING TYPES First Transit takes the obligation to perform careful background checks very seriously. In ensuring applicants are right for employment, First Transit runs an array of background checks, including prior employment, criminal record, and driving record. The candidate must also pass a physical health screen and drug/alcohol screen pursuant to FTA and DOT requirements. Each applicant must sign a statement of release, allowing First Transit to perform background screens. A third-party administrator, First Advantage, conducts our background checks. All employees undergo background checks on a bi-annual basis, or an as-needed basis as determined by the City of El Monte. Repeated background evaluations allow First Transit and the City of El Monte to ensure quality operators and staff for our customers. SCREENING REVIEWS First Transit’s internal Employment Standards Team (EST) collaborates with First Advantage to conduct primary reviews of all background criminal records, motor vehicle records, previous employment records, and drug screenings. This review focuses on potentially disqualifying events, incidents, or discrepancies. The EST ensures that all hiring practices follow Fair Credit Reporting Act (FCRA) regulations and Ban the Box ordinances. All backgrounds are held to the standards of First Transit and the City of El Monte as well as all applicable federal and local laws. The EST will notify the location via email if an applicant is ineligible for employment due to adverse information found on the record check. The EST sends a letter to the applicant letting them know of their ineligibility and providing them with the information needed for an appeal. An Appeals Committee meets to discuss every appeal concurrent with a review of First Transit and the City of El Monte’s standards. Decisions are made on a case-by-case basis. DRUG AND ALCOHOL TESTING PROGRAM Because we are trusted with the safety of our passengers and the community at large, we have adopted a drug and alcohol policy designed to: • Create a work environment free from the adverse effects of drug and alcohol abuse • Deter and detect employee abuse of illegal drugs and alcohol • Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances • Encourage employees to seek professional help when personal issues, including drug or alcohol dependency, may affect their ability to safely perform their assigned duties First Transit has a strict zero-tolerance policy about drug and alcohol abuse. Resources are available to any employee who seeks help or rehabilitation for substance abuse. Our formal Drug and Alcohol Policy has been included as an attachment to this proposal. DRUG TESTING TYPES We use only authorized independent facilities to conduct our drug and alcohol testing. First Transit follows all FTA regulations as defined by 49 CFR Part 40 and 49 CFR Part 655. Safety-sensitive employees will be tested for the presence of illegal drugs under the following circumstances: • Pre-employmentReturn to work after an absence of 90 days or more • Random testing • Reasonable suspicion 49 • Post-accident CONSEQUENCES FOR POSITIVE RESULTS First Transit takes very seriously any infractions involving positive test results, as detailed below. An employee who tests positive for drugs or alcohol is subject to termination. The employee is then referred to a substance abuse professional for help. Any employee who refuses to submit to a drug or alcohol test is considered to have tested positive and will be subject to immediate termination, unless otherwise dictated by state law. VOLUNTARY EMPLOYEE ASSISTANCE PROGRAM We recognize alcohol and drug abuse as a treatable disease and encourage our employees to seek professional treatment, if applicable. We tell any employee seeking help of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse. We encourage our employees to participate in our company-sponsored employee assistance program (EAP). The EAP includes a counseling and referral program and a substance abuse rehabilitation program. PROBATIONARY PERIODS Each new employee is subject to a 90-day probationary period. As part of this probation, First Transit conducts new operator performance evaluations every 30, 60, and 90 days following training. Frequent evaluations and follow-up when operators are in the early phases of their employment are critical to solidifying good driving practices and decision-making, shaping our employees in their new role. Training managers can determine if more frequent evaluations are appropriate. EMPLOYEE RETENTION TRANSITIONING EXISTING EMPLOYEES We recognize that our best resources at any new location are the employees already proudly working there. The transition of these employees enhances our ability to provide a seamless transition and an experienced workforce. First Transit’s intent is to retain as many qualified and eligible employees as are interested in remaining with the City of El Monte project. PROACTIVE COMMUNICATION Communication with the existing workforce is the first and most critical step in our retention process. Early and consistent outreach minimizes these employees’ uncertainty, establishes trust, and provides a clear path forward with First Transit. Communication with the incumbent workforce is a critical aspect of retaining current employees and easing their transition to First Transit. Our communication efforts include: • Holding “Meet and Greets” with our management team, allowing employees transitioning to First Transit’s service to learn from their experiences and ask questions • Having members of First Transit’s region, corporate, human resources and labor support teams on site to answer questions about First Transit, the wage and benefit packages, and procedures for making the transition to First Transit • Sending “Welcome to First Transit!” postcards to employees to introduce First Transit and emphasize our excitement about working with them in the next term of the City’s transit services • Distributing hiring packets to employees and posting reminders at the facility with reminders for corresponding due dates APPLICATION AND INTERVIEW PROCESS First Transit requires all employees making the transition to submit applications and complete the screening process. This allows us to start employee files and become familiar with each potential team member. Upon a successful completion of the application process, interview, background check, and drug and alcohol tests, existing employees will be offered employment with First Transit. 50 HONORING EMPLOYEE SENIORITY First Transit understands that the City of El Monte’s service has not unionized, however should the City have any kind of seniority system in place, we will be happy to recognize it. First Transit values all of the existing employees, and we especially understand the value of employees who have been with the El Monte transit services for many years. These employees provide valuable, historical knowledge of the service and are often considered leaders by other employees. First Transit honors seniority wages and benefits for incumbent vehicle operators to show our appreciation and respect for their knowledge of the El Monte transit services. ONBOARDING SUPPORT First Transit’s corporate staff, including our region human resource director, will lead the effort to hire and recruit existing and new employees. Our Human Resources and Labor Relations team will work closely with our local management team to complete the following primary tasks: • Scheduling orientation meetings with the transitioning employees • Administrative tasks such as creating new-hire packets and creating files on the transitioning employees • Recruiting, interviewing, and hiring new employees • Ensuring benefits plans are in place and available • Performing background checks • Drug and alcohol testing and compliance ONGOING RETENTION EFFORTS Throughout the contract term, First Transit makes every effort to retain its valuable team members. Between training costs and lack of experience with the service, hiring new operators is more costly than keeping an experienced workforce. Existing employees have the benefit of understanding the nuances of the service area, its geography, traffic patterns, challenges, and so on. They also understand their passengers’ and El Monte’s expectations. Retaining quality employees also supports the safety of our operation. Experienced employees are aware of potential hazards and are less likely to be in an accident than a recent hire. While our comprehensive operator training program is effective at preparing our operators for safe service, no amount of new hire training can compare to years of on-the-job experience. First Transit recognizes the value of a robust retention plan to ensure workforce stability. EMPLOYEE ENGAGEMENT AND APPRECIATION First Transit works with our managers in the area of employee engagement and appreciation, which is critical to retaining quality employees. Each location creates a customized engagement plan to show our employees that they are valued. Examples of activities our local management teams provide include: • Appreciation events and gestures including family days and employee picnics • Safety pep rallies to celebrate achievements in safety and motivate our employees to provide the safest service possible • Public recognition of operators who maintain perfect attendance and safety records, which encourages similar behaviors throughout the operation • Employee of the Month awards from among our operations staff, including public recognition and other rewards, such as a designated parking spot for the month • Holding drawings for prizes, such as gift cards, for operators with perfect safety and attendance records in a given month RESOURCES FOR EMPLOYEE WELLBEING The mental wellbeing of our employees has never been more critical to our shared success. To protect our employees’ dignity and give them the respect they deserve, First Transit has created the You First program to create a workplace of positive mental health and well-being. One of these resources is the Employee Assistance Program, a free and confidential 51 helpline to reduce stress, improve mental health, and empower our employees and managers to improve their emotional, psychological, and social well-being. This service is available for all employees – not just those participating in a First Transit health insurance plan. OPPORTUNITIES FOR ADVANCEMENT AND PROFESSIONAL DEVELOPMENT First Transit understands the value of promoting existing employees when positions become available. A “promoting from within” approach benefits employees who show potential and initiative while also benefitting the City of El Monte transit operation by allowing us to retain these employees’ knowledge of the service. This approach also allows our workers to understand their own value and contribution to our company’s goals. At many of our operations, our supervisors and managers began their careers as vehicle operators and advanced to their current roles within First Transit. To support our employees’ opportunities for professional growth, First Transit has created a database of courses available to all First Transit Employees. First America University is an extensive library comprising more than 4,000 classes designed to hone and improve our team’s skills, including classes specifically designed for First Transit employees. STAFFING LEVELS Provide a comprehensive list of all positions (as Full-Time Equivalent figures) and a brief description of the job assignments. Include every position to be provided within your proposal. First Transit is dedicated to safe, punctual, courteous, and professional transit services for the City of El Monte, which is why we take care to ensure that we build the best teams possible. For a comprehensive list of all positions proposed in full-time equivalent figures, as well as a brief description of the job assignments, please refer to the Proposed Management and Staffing Structure section of the Proposed Personnel and Management Plan of this proposal. MAINTENANCE PROGRAM/STRATEGY In this section Proposers should discuss their maintenance program and strategy including: • Responding to road calls; • Warranty coverage/inventory management; • Recruitment of vehicle maintenance staff; and • Vehicle maintenance hours of operation throughout Agreement Term. FIRST TRANSIT’S COMPREHENSIVE MAINTENANCE PLAN PROTECTING THE CITY’S INVESTMENT AND ENSURING FLEET RELIABILITY Throughout First Transit’s more than six decades of experience in the industry, we have earned a reputation for high-quality vehicle maintenance. We have successfully maintained a broad range of vehicle types, which has formed the foundation for a solid maintenance approach. This approach incorporates innovative solutions to maximize efficiency and accuracy – assuring the City of El Monte of a safe, reliable fleet your passengers can trust. Please refer to our Recruiting and Hiring Program section found earlier in this proposal for our process on selecting staff for the El Monte transit services including technician staff. 52 Our successful maintenance program increases miles between road calls on First Transit-maintained fleets with a commitment to strive for 100% compliance with all preventive maintenance. With our comprehensive program, most of the maintenance performed is scheduled work, which reduces vehicle downtime and results in reduced costs to our clients. This preventive approach protects your investment by extending the useful life of your fleets. Across North America, First Transit (inclusive of our First Vehicle Services division) is responsible for the safe operation and maintenance of nearly 50,000 vehicles. Our maintenance experience spans a variety of vehicle and fuel types, including sedans, cutaways, transit buses, coaches, and articulated vehicles. First Transit’s comprehensive and effective maintenance plan includes: Keys to Maintenance Excellence Area of Focus Approach Rigorous Preventive Maintenance Inspections First Transit’s FirstBase Maintenance Information System schedules preventive maintenance for each vehicle. the City of El Monte will have access to this system for complete transparency of our maintenance program. Results-Driven Management Our Maintenance Manager, Ben Casillas, will ensure an effective and efficient maintenance program for El Monte. He is supported by region and corporate experts in vehicle maintenance Effective Communication Our Paperless Shops will streamline communication within the maintenance department. Tablets provide mechanics with essential information at their fingertips, such as vehicle specifications, work history, manuals, etc. ASE Blue Seal Shop Certification First Transit and sister companies, First Student and First Vehicle Services, have 145 ASE Blue Seal of Excellence Certified Shops, more than all our competitors combined. We will achieve ASE Blue Seal Recognition within 18 months of contract start. ASE Blue Seal Technician Per the RFP, our technician will fulfill the ASE Master requirements. Below are a few of the steps of our commitment to meeting this requirement. Manager or technicians would be registered for ASEs, with First Transit paying for registrations and testing fees All technicians and managers will be set up with our Delmar \ Cengage ASE training programs. Personal will receive logins and testing modules to increase their success of passing ASE certifications. Once all the Delmar training has been completed. The ASE test dates are set up and the maintenance personal will go to the ASE location to complete all testing. 75% of maintenance personal must have an ASE certification in order to be eligible for Blue Seal Recognition. First Transit enforces that ALL technicians get the ASE brake certifications ASE For HVAC will be made a priority to ensure all contractual requirements are met. Lean Shop Recognition Lean Maintenance Practices and 5S Processes are methods to improve overall effectiveness and reduce costs by targeting strategic maintenance areas. We are pleased to note that our El Monte facility is a Bronze Lean shop. Road Call Management First Transit sends a trained technician when a vehicle experiences any type of service failure. Our priority is returning safe service to any impacted passengers. 53 Keys to Maintenance Excellence Area of Focus Approach Comprehensive Skills Assessments & Custom Training Each technician has a customized training program developed by Cengage. First Transit places an emphasis on technicians becoming ASE certified. We pay for our technicians’ training and testing and compensate them with hourly bonuses for certification. This customized training ensures that the maintenance staff can troubleshoot effectively, and it increases productivity because they make repairs right the first time. PREVENTIVE MAINTENANCE PROGRAM The backbone of First Transit’s fixed route maintenance operation is our strong Preventive Maintenance (PM) program. Proper PM will protect the City’s capital investment in the fleet, keep the available fleet operational, and provide a prominent level of safe, reliable transportation to our passengers. To ensure accurate and reliable data, we use: • FirstBase equipment management system that enhances equipment management capability. FirstBase is a system focused on properly structured information to improve the quality and productivity of equipment services. • Tablets equipped with our Paperless Shop program, allowing technicians to access a vehicle’s history, updated maintenance procedures, and all required forms at their fingertips. PREVENTIVE MAINTENANCE INSPECTION Every First Transit vehicle undergoes thorough PM inspections to be in top condition. Routine inspections and necessary repairs follow all OEM specifications. We categorize PM inspections into three designations: A, B, and C inspections. Our intervals and procedures for the El Monte service follow: FIXED ROUTE FLEET DAR/PARATRANSIT ROUTE FLEET A-6000mi •Engine services, including engine oil filter change, and comprehensive vehicle inspection B-24,000mi •A-inspection plus transmission fluid changes and other checks C-48,000mi •A & B inspections plus a comprehensive vehicle inspection of all systems, including wheelchair lifts, A/C system, and a fire risk assessment A-4000mi •Engine services, including engine oil filter change, and comprehensive vehicle inspection B-24,000mi •A-inspection plus transmission fluid changes and other checks C-48,000mi •A & B inspections plus a comprehensive vehicle inspection of all systems, including wheelchair lifts, A/C system, and a fire risk assessment 54 THE PREVENTIVE MAINTENANCE PROCESS First Transit encourages all employees who have contact with vehicles to be a part of our preventive maintenance process. Utility workers, and other workers who have daily contact with vehicles, check for any potential maintenance needs. By finding issues during service inspections, First Transit ends last-minute repairs that can result in service delays. PM TASKS Our technicians ensure all systems are in safe operating condition before a vehicle enters service. The PM process includes, but is not limited to, inspecting any necessary repairs to the following systems: • Air Conditioning and Heating: The entire system undergoes detailed inspection and cleaning to ensure performance prior to peak air conditioning and heating seasons. We follow all applicable regulations, including those outlined in the Clean Air Act of 1990. • Brake Systems: Any defects or other safety-related system issues are corrected with OEM quality parts, or approved equivalent parts, and tested prior to service. • Tires: We only use branded tires (Michelin, Bridgestone, and Bandag) on our vehicles. The PM process for tires includes (as necessary): tire mounting and dismounting, wheel inspection, wheel and tire installation, in-shop tire and wheel installation, and tire tread depth inspections. • Wheelchair Ramps and Lifts: Technicians lube the lift and perform a comprehensive inspection of the entire system, including the platform, sensors, barrier, securement devices, and controls. Technicians also pay attention for structural deficiencies and hydraulic leaks. Operators cycle all lifts and ramps daily before vehicles enter service. • Fluid Replacement and Lubrication: We perform all lubrication, oil, and filter change intervals per OEM and City specifications. Additionally, we regularly check engine oil, transmission fluid, coolant, and differential fluid levels. • Communication Systems: We remove any unit not working from service at once. We repair defective units under warranty by a manufacturer-approved shop to adhere to warranty requirements. Qualified vendors or employees repair items no longer under the manufacturer’s warranty. After the PM inspection is complete specialized technicians receive assignments for any necessary follow up repairs. Vehicles return to revenue service after a technician completes all follow up repairs. PAPERLESS SHOP First Transit offers an innovative approach to the typical maintenance workflow through our Paperless Shops initiative. In a typical shop, a paperwork order is on average touched 10 times before maintenance resolves the issue. Our paperless shops streamline the process by offering all forms, work orders, and tasks via tablets. • Employees can document preventive maintenance inspections and record maintenance functions and work orders from anywhere in the shop on tablets. • Tablet usage facilitates correct documentation by storing the data directly into FirstBase. This is a quicker way to fill out forms and ensure the accuracy of information for future repairs and client reporting. • Employees complete all follow-up work orders from the tablet, ending the need for extra forms and processing time. • Parts are pre-assigned to jobs and technicians can easily sign out parts on the tablets. This helps inventory control and creates a seamless process for inspections and repairs. • Supervisors plan their work based on KPI data loaded onto the tablets from FirstBase, showing them average work time, the number of vehicles out of service or awaiting parts, and other key factors for daily scheduling. • Technicians get tasks assigned via tablets. By reviewing their days’ work assignments on the devices, technicians are able to check-in for the day and easily see schedule changes as they occur in real time. • Technicians log into specific jobs and log out when finished, giving exact time logging for each task. 55 TECHNICAL ASSISTANCE CENTER First Transit knows that the City of El Monte’s fleet is your most valuable asset, which is why we invest in our technicians to ensure they have the best education, training, and tools available. We understand that sometimes even the most experienced technicians need help with a repair or advice on a reoccurring issue. Identifying this need has resulted in the creation of the Technical Assistance Center (TAC), a resource for technicians to share best practices and receive expert advice. One of the biggest frustrations for technicians is not knowing where they can find service, diagnostic, and troubleshooting information, which is usually scattered across various OEM and vendor websites. We have taken all the vehicle information and best practices from the OEM and vendor resources and put them together in one centralized location, the TAC. The TAC Supervisor is an ASE Master Certified Technician in multiple areas and possesses the thorough knowledge necessary to assist City technicians in making challenging repairs and finding solutions to ongoing issues. The TAC Supervisor uses service requests to monitor vehicle and fleet trends, which is helpful in future predictive analytics and scheduling preventive maintenance for the City fleet. When a technician is working on a vehicle and requires further assistance to diagnose issues or complete the repair, he or she can request help by creating a work order, following the procedures outlined below. This seamless communication between technicians and the TAC takes place via our Paperless Shops technology. DRIVER VEHICLE CONDITION REPORT The daily vehicle inspections conducted by our operators are critical to achieving and maintaining First Transit and the City of El Monte’s standards of excellence. We emphasize the importance of the operator’s role within the maintenance process in operator training and refresher courses. The operator’s responsibilities include: • The pre-trip inspection and the legal requirement to complete the daily vehicle inspection accurately. • The documentation of any abnormal noise, vibration, or smell during operation recorded in the driver’s report. • The post-trip inspection completed as the operator shuts down the unit and does a final interior and exterior inspection. If a vehicle fails its pre-trip inspection, then maintenance staff will come assess the vehicle prior to pull-out. Maintenance will notify dispatch if the repair will take longer than a few minutes, and a pre-tripped bus will go into service. Operators are responsible for reporting all lift malfunctions. Vehicles with inoperable lifts are not placed into revenue service. These units will not re-enter service until every ADA defect has been repaired and signed off by the supervisor. •The technician reaches a point where assistance is required and submits a work order through our Paperless Shops technology, and an email notification is sent to the Maintenance Manager and the TAC Supervisor. •The TAC Supervisor now has access to the vehicle's information, maintenance history, configuration, etc. This allows the TAC Supervisor to understand vehicle maintenance hisory. •The TAC Supervisor calls the technician and begins to provide assistance on the repair. Technology allows the TAC Supevisor to remote into the technician's tablet. •The TAC Supervisor's remote access allows them to control the camera so the technician and the TAC Supervisor can look at the problem together to come up with a diagnostic solution. KEY BENEFITS Reduced vehicle downtime Reduced labor costs Additional resources for technicians 56 PREDICTIVE ANALYTICS USING GEOTAB TECHNOLOGY The First Transit-provided Geotab GPS vehicle tracking and telematics start recording as soon as the vehicle is in motion, even if the vehicle is parked indoors or underground. Geotab excels in areas of speed, accuracy, and cost effectiveness and allows us to customize the platform for transit services. Geotab services can impact service quality and increase efficiency in fuel tracking, vehicle inspections, electronic logging/fault codes, speed data, and operator behavior. First Transit will use Geotab for telematics to capture the engine diagnostics codes. This information from the vehicle’s J1939 data port is uploaded to our data analytics software. The software has a customized "engine" to sort through all this data and upload into our FirstBase Software weekly report. The report will be used to generate work orders as needed for the maintenance shop supervisory staff to review and assign for repair. The work orders have detailed information about the potential issue(s) likely to occur. These work orders also provide probable causes for the error and any action-based information regarding the data seen on the vehicle's J1939 network and originally uploaded. The technician can now review the work orders and, in most cases, use their diagnostic software to verify the issue(s) before following up with corrective actions. This guides the technician to the most apparent cause of the code, to make repairs correctly the first time. This process will be monitored by the local team, as well as the Region/Corporate Maintenance Support team. MANAGEMENT OF THE MAINTENANCE PROCESS RIGHT PEOPLE With more than 65 years of industry leading experience, First Transit employs tried and true practices for our maintenance program. However, we realize that none of these approaches or tools matter without the right team to implement them. Our maintenance staff of technicians, supervisors, and utility works will have a strong leader in our Maintenance Manager, Ben Casillas. He will work handle the operations in maintenance as well as uphold \the City’s goals and expectations. He will work with Cengage in creating a customized training program for each of the technicians, ensuring that they are getting the best training possible. This leads to technicians getting repairs right the first time, and helps them become ASE Certified – a designation we take seriously. Ben will have the support of an experienced regional management team that provides direct support to the location, as well as support from corporate staffing. Our recruiting team only seeks out and helps hire the most qualified candidates, ensuring that the City receives only the best from First Transit’s local team. We are ready to provide industry-leading maintenance service to the City’s existing fleet of vehicles. FIRSTBASE, POWERED BY INFOR FirstBase Maintenance Information System (FirstBase) is our software platform for vehicle maintenance files, reporting, and task supervision using our Paperless Shop system. A transit- specific software designed for the unique requirements of a bus fleet, FirstBase captures and supplies critical data to support day-to-day management decisions. This gives our maintenance team the information needed to keep each City vehicle in “like new” condition. FirstBase is a flexible system that simultaneously tracks and monitors the following maintenance activities: 57 FirstBase Component Description Benefits Task Scheduling Schedule PM automatically, based on processes defined for vehicle classes or individual units. Separate tasks by priority, such as critical work orders and routine tasks. Reduces vehicle downtime by regularly scheduled PM and making allowances for unplanned repairs. Fuel Management Integrates with leading fuel-management systems to report onsite fuel inventory, support data for off- site fuel purchases, and manage the use of fuel on revenue versus non-revenue vehicles. Effective fuel management means cost savings. Warranty & Road Call Management Track warranties, recall campaigns, and related data. Users can query the database by VIN for affected units by specific road calls and issue work orders. The system allows flexibility in management of warranty data. Parts Inventory FirstBase includes comprehensive parts inventory data management that supports purchasing, inventory tracking, and transfer, location-level data, and similar information. Automated parts ordering and requisition saves money and time. Fleet Performance Reporting FirstBase can generate real-time, on-screen reports in several industry-standard categories. Reports track costs per vehicle, operator, location, and equipment type. This is an essential tool for planning vehicle lifecycle optimization and replacement timelines. Benchmarking At the close of every month, the maintenance department reports on more than 30 performance statistics. Monthly comparisons between locations help find trends in maintenance and prevent vehicle downtimes and unscheduled maintenance cost. We implement FirstBase in all our maintenance shops to allow our region and corporate teams to develop trend analysis reports across similar contracts and vehicle types. FirstBase works together with our Paperless Shops platform, providing a state-of- the-art MIS system at our maintenance team’s fingertips. Using FirstBase, Ben Casillas will review monthly reports to compare statistics between First Transit locations and find any recurring maintenance trends. MAINTENANCE PLANNING/SCHEDULING First Transit uses maintenance planning tools to set efficient schedules and monitor technicians’ time. Supervisors plan weekly schedules based on vehicles scheduled for maintenance and an analysis of vehicles needing other repairs. Our technology allows for alterations on a shift-by-shift basis to account for changes in the schedule. For the City of El Monte, we would like to propose vehicle maintenance hours of operation from 4:30 A.M. to 12:00 A.M. every day of the week, the current standard for our El Monte location. The following chart outlines the tools First Transit uses to plan effective maintenance schedules: Software Maintenance Planning Function FirstBase Maintenance Software Schedules PM inspections automatically, based on processes defined for vehicle classes or individual units Generates reports that document equipment due for PM and sort it by company, region, department, or location Paperless Shops Gives supervisors real-time information on the number of vehicles in the shop, vehicles waiting for parts, and vehicles due for maintenance Allows supervisors to assign tasks onto technicians’ tablets and make changes easily to daily schedules Offers an effortless process for technicians to set up follow up repair notices via tablets 58 INVENTORY CONTROL First Transit meets our commitment to exceed your standards for on-time performance and productivity by ensuring the El Monte fleet is safe and ready for service each day. Having the right parts for preventive maintenance and unscheduled repairs is a critical part of our business operations, and our operation at El Monte dedicates 2,500 square feet of space for maintenance and parts inventory. We use our FirstBase to watch inventory levels and ensure the right parts are available to keep fleets moving. We follow these principles to manage our parts inventory most efficiently: • Use OEM parts, or approved equivalents • Proactive management of stocking levels • Organized parts storage • Data-driven decisions METHOD OF CONTROL Our use of FirstBase software allows us to accurately manage our inventory levels, and proactively manage parts inventory. We enter every part we have into FirstBase with a preferred vendor, a backup vendor, alternative part numbers, reorder points, and restocking levels. All parts receive a label for the corresponding part and bin, to ensure organization and accuracy in our parts room. Maintenance staff stores parts in bins and arrange the bins to the code order of our vehicle maintenance repair system. Within FirstBase, we set up minimum and maximum inventory levels and choose a preferred vendor. A few times per week, our manager will run a requisition function in FirstBase for any part in the inventory that has fallen below the set minimum. FirstBase will order the amount from the preferred vendor to bring the inventory to the maximum level. As an added method of control, our shops perform physical inventory four times a year, along with outside auditing firms certifying the physical counts at random. Maintenance staff will also perform cycle counts every week, counting a percentage of our inventory to verify quantities. AIR CONDITIONING AND WHEELCHAIR LIFT PARTS AND MATERIALS As with scheduled and unscheduled repair items, our parts inventory in FirstBase accounts for keeping adequate levels of all parts. Given the critical nature of both the air conditioning and wheelchair lifts, we keep the most commonly used parts in stock, which are readily available for use. WARRANTY PROGRAM First Transit offers our clients quality control for parts warranties through FirstBase, which allows us to track warranties, recall campaigns, and related parts data. Accurately and efficiently managing warranty claims improves the overall financial performance of the company, which is one of the primary obligations we have to the City of El Monte. The process of a warranty claim in FirstBase is as follows: A technician submits a claim in FirstBase, which cycles through the OEM or PARTS system. The Warranty Center generates the claim and reviews the 110 and 160 claim statuses, proceeds to either “reimbursement” or “denied,” and updates the status in FirstBase. FirstBase tracks the reimbursement (if applicable), and moves the claim to a “closed” status. This makes tracking and reporting warranty statuses easy. 59 Managing warranties and claims filed against those warranties is something we pursue with the help of our part manufacturers and vendors. We perform preventive maintenance and any unscheduled maintenance considering manufacturers’ specific requirements for vehicles and components under warranty. FirstBase is a highly flexible program customizable for each maintenance location. We can track parts expenditures, labor rates, warranty information, and other maintenance and repair data, and report it back to management and the City of El Monte. MAINTENANCE QUALITY ASSURANCE First Transit’s quality assurance program in our maintenance shops increases fleet availability and reduces operational costs. Our region and corporate maintenance support teams follow stringent quality assurance processes to protect your long-term investment in the fleet. FLEET RE-INSPECTION We require each location to audit, at a minimum, 5% of its total fleet every month. The maintenance manager will then produce a report summarizing all collected data for each quality assurance inspection. This monthly audit documents: • Overall vehicle condition and trends • Proper maintenance documentation • Training or staffing requirements The manager first audits the vehicle, using an extensive 40-point check sheet and a standard guide, and rates the vehicle based on the inspection. If the manager finds any items that need immediate attention, the vehicle will be out of service until a technician signs off on completed repairs. Next, the manager audits driver inspection reports and PM inspections. The manager checks that all the defects found in the past 14 days were completed or scheduled, then verifies that all repairs have been signed off by a technician. The last step is to review the vehicle’s past three PM inspections. Managers verify the timeliness of inspections and ensure that defects found underwent repairs. Additionally, the audit highlights areas for technician training. ANNUAL SHOP AUDITS Our internal audit process ensures that each location follows all best practices, policies, and procedures. It also establishes a company-wide standardized benchmark for quality, competence, and consistency. Our region staff conducts annual audits on individual locations, completing a thorough review of all aspects of the operation. The audit includes: • Inspection of 10% of the vehicles • Review of warehousing efficiency, inventory, and stocking levels • Compliance with preventive maintenance policies and standard operating procedures • No deferred maintenance After the audit, the region staff and maintenance manager develop a plan with actionable deadlines to correct any deficiencies. Upon completion, the location is subject to a re-inspection to ensure quality maintenance operations. FIRSTBASE AND KEY PERFORMANCE INDICATORS FirstBase is a valuable tool for aiding with Key Performance Indicator (KPI) reporting to ensure the City fleet is well-maintained and, most of all, safe for your passengers. Our database allows for continuous trend analysis of target benchmarks for maintenance activities. KPIs analyzed through FirstBase include: 60 • Data validation checks at data input • Status reporting of work orders • Delays and reasons for delays • Tailored reporting and exception reports • Preventive maintenance and parts inventory • Technician productivity • Vendors for outside repair • Fuel and oil consumption and efficiency • Overhead costs • Training records CUSTOMER FIRSTBASE First Transit will provide the City of El Monte with a login to FirstBase to promote transparency in our operations. As your partner in operating these important transportation services, you have access to real-time information including: • Key Performance Indicators • Standard and custom reports • Charts showing maintenance levels, times, and activities First Transit uses this information as an added level of quality control. We proactively support any audits the City wishes to administer using this information. RESPONDING TO ROAD CALLS First Transit has a well-earned reputation for maintenance excellence with our Preventive Maintenance program. However, we understand that mechanical failures do happen, no matter how hard we try to limit them. We commit to maintaining on-time performance and exceptional service every day. When vehicles experience mechanical failures, we react with a sense of urgency but never lose focus on the safety of our passengers, operators, and staff. Replacement vehicles help us resume normal route operations as soon as possible, while the regular vehicle is undergoing repairs. First Transit’s operator and technician training programs create greater attention to detail during day-to-day operations. Our highly-trained operators are the first line of defense for limiting road calls. We often detect minor faults before they become expensive maintenance issues thorough pre-trip vehicle inspections, careful monitoring of bus performance during service, and final post-trip inspections. First Transit technicians take the crucial step of attending trainings to perform preventive maintenance. First Transit does not defer maintenance – reducing operating costs and vehicle defects. In case of a road call, the following procedures take place: 61 There are occasions when mechanical failures do not pose a safety risk to operators and passengers. In those situations, we do the following: • The operator informs dispatch of the problem while continuing the route. • Dispatch arranges an exchange with a spare vehicle. First Transit schedules standby vehicles and strategically stages them throughout the service area as a contingency plan to minimize lost service VEHICLE APPEARANCE A dirty vehicle takes away from the positive image we want to convey to our passengers and the communities we serve. To preserve the favorable view of First Transit and El Monte, all vehicles operating in our fleet are cleaned daily by our Utility workers. Our vehicles undergo these daily cleaning and washing procedures: • Wash and scrub exterior • Remove any graffiti and insect remains • Dust interiors • Remove all trash from inside vehicle • Sweep floor to remove all dirt, paper, etc. • Wipe clean all stanchions and grab bars • Wipe clean dash • Clean interior windows, as necessary • Clean side panels, as needed • Mop floor and step wells • Repair or replace broken, cut, torn, or vandalized components 62 PRECAUTIONARY CLEANING MEASURES CLEANING FREQUENCY To keep our vehicles clean and sanitized, First Transit follows the CDC’s recommendations for cleaning both the hard and soft surfaces. We use EPA-approved cleaning products that are proven to kill viruses and other bacteria. Twice per quarter, we plan to have the City’s vehicles detailed by Twin Valet, one of our chosen DBE Vendors. First Transit will work with the City of El Monte to enhance its existing cleaning schedule and checklist to ensure compliance with both state and local guidelines for cleaning procedures. RECOGNIZING MAINTENANCE EXCELLENCE First Transit takes immense pride in our industry-leading maintenance program. Our goal is to provide safe and reliable transportation services to all of the City of El Monte’s passengers. We strive to earn nation-wide maintenance recognition from these organizations to distinguish ourselves from our competitors. ASE BLUE SEAL CERTIFICATION PROGRAM In addition to having an ASE Master technician on staff, First Transit will also place a major emphasis on obtaining the ASE Blue Seal Recognition for our maintenance facility. First Transit has more ASE Blue Seal Recognized shops than all our competition combined. We have 145 ASE Blue Seal facilities throughout the Nation. Our El Monte operation will be next ASE Blue Seal Recognition. We will achieve ASE Blue Seal status within 18 months of the contract start date for our maintenance facility. This program recognizes that the technicians working in the ASE Blue Seal facility are trained properly and tested in their field. To reach ASE Blue Seal recognition, the repair shop must have at least 75% of technicians ASE certified. Also, each area of service offered in the facility must have at least one ASE-certified technician. KEY BENEFITS OF ASE BLUE SEAL FACILITIES: • Safety and Quality – ASE Blue Seal Shops are equipped with the knowledge and training needed to diagnose problems precisely and accurately so both vehicles and equipment are maintained and repaired to the highest safety standards. ASE means that First Transit assures the City of El Monte that their fleet will experience fewer breakdowns and higher vehicle safety and availability – yielding increased customer satisfaction. CDC-Approved Cleaning Measures Hard Surfaces (non-porous) Daily Railings Doors Electronics Non-covered sections of seats Soft Surfaces (porous) Weekly Seat coverings Carpet 63 • Efficiency – ASE Blue Seal Shops perform preventive maintenance and repairs quickly, ensuring prompt delivery of vehicles and equipment for on-time service. First Transit technicians fix it right the first time. ASE BONUS PROGRAM Our employee incentive program promotes the development of our employees by rewarding those who achieve training milestones and keep their certifications current. ASE BONUS COMPENSATION STRUCTURE First Transit is committed to training and the ASE certification program. Our ASE incentive program is designed to increase technicians desire to obtain certification. Offering access to all ASE testing at no cost to the employee, there are two ways that employees can earn per hour bonuses on each hour they work. • While working to earn his/her first Master Technician Certification, the employee will receive a $.25 per hour bonus for each ASE test successfully completed. • While working to earn his/her second Master Technician Certification, the employee will receive a $.10 per hour bonus for each ASE test successfully completed. • Maintenance Managers earn a $2,000-dollar bonus for receiving the Blue Seal Certification. • All ASE certified technicians working at a location that receives the Blue Seal Certification will receive an additional $.25 per hour bonus. LEAN MAINTENANCE PRACTICES AND 5S PROCESSES Lean Maintenance Practices and 5S Processes are methods to improve our overall effectiveness by valuing organization and ending waste. Lean processes translate to reduction in maintenance costs by targeting strategic areas where maintenance has direct and indirect control, such as preventive maintenance, road call reduction, over time, and outside service costs. Combined with Lean Practices, the 5S Process, (Sort, Straighten, Shine, Standardize & Sustain) is a workplace organization method that more effectively uses the space provided for maintenance and generates a culture that promotes safety, quality maintenance, minimal maintenance cost, and improved vehicle reliability. The 5S Process focuses on the work environment to prevent lost time from unnecessary movement due to placement of repair parts, tooling, or fixtures that may impede travel by technicians. Local management and region teams oversee these processes so we can bring value to our clients through cost savings, improved fleet reliability, and improved customer satisfaction. We are pleased to note that our El Monte facility is a Bronze Lean shop. To recognize facilities that have achieved different levels of Lean Maintenance Practices and have complied with the 5s Processes, there are three levels of awards: Bronze, Silver, and Gold. MAINTENANCE OF EQUIPMENT Describe how vehicle maintenance will be performed at the Proposer’s facility during the first two years of the Contract. Outline which work will be in-house and which work will be performed in another manner. Provide descriptions for the type of equipment to be used for the maintenance. Throughout more than six decades of experience in the industry, First Transit has earned a reputation for high-quality vehicle maintenance. We have successfully maintained a broad range of vehicle and equipment types, which has formed the foundation for a solid maintenance approach. This approach incorporates innovative solutions to maximize efficiency and accuracy – assuring the City of El Monte of a safe, reliable fleet your passengers can trust. For more information on our complete maintenance plan, please see this proposal’s Maintenance Program/ Strategy section. With over 2,500 square feet of this location is dedicated to garage space, which houses all parts, tools, and supplies for our technicians to work in the facility’s two service bays. Our shop is fully stocked with the need equipment to maintain the city’s fleet. In addition to our existing maintenance equipment, we have added a drive on lift and wheel jack to our proposal specifically for the City of El Monte. First Transit takes pride in the industry-leading quality of maintenance that we provide. Excluding such rare repairs that require complete overhauls of significant vehicle parts and may occasionally justify 64 subcontracting, such as rebuilding an engine or transmission, we plan for our technicians to take care of 100% of our maintenance tasks in-house. MAINTENANCE PERSONNEL Indicate the number of personnel dedicated to maintaining all vehicles. Indicate the total number of full-time employees by position. Provide information on employee classifications and minimum qualifications. Also provide resumes for any “lead mechanics” that will be in charge when the Maintenance Manager is not onsite. Our El Monte location has four (4) mechanics, all of whom hold status as Level I Technicians and possess their ASE brake certifications. One of these, as well as one full-time Utility Worker, will be fully dedicated to El Monte. This distribution of work will provide more hours-of-service coverage for the City fleet, in order to keep it running at its best in through all possible fluctuations in service. In addition, we have an Assistant Maintenance Manager/ Lead Mechanic who will manage all aspects of the City’s vehicles in the event of our Maintenance Manager’s absence. Please see Pedro Velasco’s resume in the Attachments section of this proposal. attached. PREVENTIVE MAINTENANCE PROGRAM Present the preventive maintenance plan including inspection classes, specific actions, and intervals; daily work assignment plan; and the procedures to insure fleet readiness and reliability. For more information on our Preventative Maintenance Program, please see the Preventative Maintenance Program section of this proposal’s Maintenance Program/ Strategy. BACKUP TRANSIT BUS Indicate make and model of backup transit bus, if any, Proposer proposes to use to ensure uninterrupted fixed route transit services while maintenance is performed on City vehicles. The City to approve proposed transit bus and verify insurance coverage prior to placement into service. No “back-up” vehicle has been included in our proposal to support both of the City services. At current levels, First Transit believes that the City of El Monte has an adequate number of spare vehicles to meet the service needs. FIXED ROUTE/DIAL-A-RIDE/PARATRANSIT OPERATION PLAN OVERALL OPERATION PLAN • Proposer shall provide a description of how its company proposes to provide the City’s Dial-A-Ride service. Quality transportation is safe, efficient and reliable, when performed by employees who are well trained and customer focused. Throughout our daily operations for the City of El Monte, we will incorporate our proven approaches and solutions to implement the highest quality of service every day. Client and passenger satisfaction are the evaluators by which we will determine our success. A well-trained and experienced workforce of customer-focused employees is the best tool First Transit can provide. However, we are excited to propose additional technology tools to exceed the City’s expectations. These tools better equip us to provide the highest level of quality transportation services possible for the City of El Monte operation. Our use of Passio and CTS software, for example, will streamline vehicle scheduling, dispatch, and trip reporting. These technologies are described in more detail in the Proposed Technology for the City of El Monte section of this proposal. 65 Our goal is to provide the highest level of service to the people of El Monte. We believe the best way to do that is to make a positive work environment for our employees through competitive wages and benefits, incentive programs, open communication, and a supportive management team. A dedicated, trained team of operators, supervisors, technicians, dispatchers, and administrators will lead to high-quality service for the City of El Monte. While First Transit offers the security and resources of a large, global transportation company, we act locally as independent businesses, collaborating with communities, clients, customers, and staff to build relationships and to constantly improve your system. First Transit understands the pride and ownership you feel for the success of the fixed route and paratransit/DAR system. The City of El Monte can be confident of First Transit’s dedication to provide value-added transportation solutions while working to exceed quality and productivity goals and provide system-wide efficiencies. ACHIEVING YOUR GOALS First Transit has thoroughly reviewed the standards of performance outlined by the City of El Monte in your RFP. Our entire operation revolves around adhering to these standards in the provision of these important transportation services. First Transit has developed programs and practices to achieve important performance measures, including productivity, on-time performance, reliability, and customer service. INCREASE RELIABILITY AND ON-TIME PERFORMANCE We understand that nothing is more important to passenger satisfaction than on-time, reliable service delivery. Passengers need to know that they can rely on the City to get them to work, appointments and other responsibilities when they need to be there. Our action plans for service delivery for El Monte focus on increasing system reliability and on-time performance (OTP). The City of El Monte’s passengers rely on these services to get them to work, school, entertainment, and sometimes important, potentially life-saving, appointments that they would otherwise not be able to get to. At First Transit, we understand the importance of providing reliable, on-time transportation services. Our commitment to provide reliable service is centered on the following approaches, best practices, and tools. • First Transit will have management and/or supervisory resources in the yard during pullout to ensure on-time departure and provide immediate response to any potential issues. • We will also have several available “pre-tripped buses” at the location in case a bus fails its pre-trip Inspection during peak times, to keep the service on-time and improve on-time yard pull outs. • First Transit’s exemplary preventative maintenance program keeps El Monte vehicles on the road and in proper working condition, increasing OTP with vehicles ready for pull out. • Dispatch plays a significant role in OTP and productivity, ensuring prompt operator check-in, schedule changes, and monitoring road conditions. Dispatchers will remain in constant contact with both paratransit and fixed route operators, as well as all road supervisors in the field. • Supervisors are empowered to discuss OTP by operator at the end of the service day with operators who perform below the 95% OTP target for the fixed route services and 99% for the DAR/paratransit services, that day and develop attainable action plans. • We will measure on-time performance and productivity, as well as other key performance indicators, close to real-time with First Transit’s Management Information Dashboard and CTS and Passio systems, etc., allowing our staff to manage service more effectively and proactively as a whole. • First Transit will staff standby operators in case of late arrivals or other issues that affect performance. REDUCING LATE OR MISSED TRIPS First Transit knows that the best way for a route to stay on time throughout the day is to start on time. Supervisors will be present in the yard to assist operators and to watch yard pull outs. Dispatchers quickly check operators in to get them to the yard and performing their vehicle inspection in a timely fashion. Any operator that consistently falls behind their scheduled on- time pull out will receive refresher training from a supervisor on the importance of yard pull outs, and how it sets the tone for the day. First Transit’s dispatchers will continuously check on-time performance throughout the day to actively avoid late trips. If a route is behind schedule, trips will be adjusted to other routes via our Passio and CTS systems. These systems track late trips, 66 missed trips, and cancellations for trend analysis. Using this data, the dispatcher can accurately account for service fluctuations, staffing needs, and reassign routes with slack time as needed. LEAN OPERATING PRACTICES AND 5S PROCESSES One of First Transit’s core values is “setting the highest standards,” and we believe it is imperative to provide our clients with the most efficient operations process. Therefore, we plan to integrate our Lean Practices and 5S Processes throughout all client locations, benefitting the City through improved KPIs, organized and proficient operations, and better support. BENEFITS TO THE CITY OF EL MONTE Lean Practices and 5S Processes are methods to improve overall effectiveness by valuing organization and ending waste. Lean processes translate to reduction in operational costs by targeting strategic areas. LEAN PRACTICES Lean practices are based on five principles: • Identify Value – Identify the City of El Monte’s needs and expectations • Map the Value Stream – Identify all the activities that contribute to these values and remove waste • Create Flow – Ensure the flow of operations runs smoothly without interruptions or delays • Establish Pull – Establish a pull-based system to limit work in process items while ensuring that the requisite materials and information are available for a smooth flow of work • Seek Perfection – Instill lean thinking into employees to continuously improve operations With this process, lean offers three awarded levels: bronze, silver, and gold. These levels certify that the location is operating at different levels of efficiency. As First Transit is committed to providing all client locations, including El Monte, with the most efficient daily operations possible, we plan to have all First Transit operations be awarded the Gold Lean Certification by April 2022. 5S PROCESSES By being a lean practitioner, First Transit can provide the most efficient operations to the City of El Monte. With our value of holding ourselves accountable, First Transit combines lean practices with the 5S methodology to ensure these processes are executed. The five pillars of the 5S methodology (Sort, Straighten, Shine, Standardize, & Sustain) are designed to promote and generate a culture that promotes safety, quality, and cost efficiency. By following these practices and methodologies, First Transit can provide the City of El Monte with the following benefits: • Reduce energy, waste generation, and unneeded consumption • Reduce square footage needed for operations • Improve employee environmental management • Decrease unplanned downtime and increase overall productivity 67 By combining both the Lean Practices and 5S Processes methodology, First Transit is able continually improve operations, support the City of El Monte ,and stream-line operations. Q-TIME REPORT First Transit’s Q-Time Report, housed in the MI Dashboard, was created to analyze the operator inspection process. Data from Q-Time reports allow us to increase efficiency by streamlining steps within the process, while ensuring consistency and quality. The report combines punch data from the ADP eTime system, used for operator scheduling and timekeeping, with Geotab AVL data, to provide insight on pre-trip and post-trip operator processes. First Transit operations facilities are geofenced in the Geotab system to record when vehicles enter and leave. Operators also record the beginning and end of their pre-trip and post- trip inspections. When combined with punches from the timekeeping system, First Transit management teams can better understand what is happening before pullout and after operators return to the yard. Managers can pull up data points for an individual driver on a specific day or observe averages across multiple months. This data becomes a driver of Lean processes and continuous improvement at First Transit operations. By observing employee performance and evaluating trends at locations, region and location management can analyze what projects and tasks need to be taken on to eliminate waste and return value. First Transit has begun rolling out the Q-Time Report at our locations nationwide, and our local management teams are recognizing the value it brings to their operations. IMPROVE CUSTOMER SERVICE Our team understands that, in the end, our service delivery must result in an excellent experience for our shared customers. Customer satisfaction—both the passengers we serve and the City of El Monte as our customer—are the evaluators by which we will determine our success in this area. All employees of the City service will receive in-depth training in customer service excellence. We follow all ADA requirements and all employees attend an annual refresher training to ensure high-quality customer service. We use the following best practices and policies to ensure the highest level of customer satisfaction. • Driver shift management to minimize overtime, reducing costs. We also assign the same operator on routes as consistently as possible each day of the week. Customers can see a familiar and friendly face, helping them relax knowing they are well cared for. • Customer service training for dispatchers includes telephone etiquette and call management skills, to ensure calls are taken quickly and efficiently. Any caller that needs unique assistance can speak to a supervisor for a quick resolution. Supervisors and/or managers check call recordings for quality control. • Customer service training for operators includes extensive customer relations training that highlights customer satisfaction, passenger safety, and handling inconvenient situations with customers. First Transit will conduct mandatory annual ADA refresher training for all operators to increase awareness and sensitivity to our customers. Operators will have the proper training for wheelchair and mobility aid securement; keeping passengers safe is our top priority. The actual and target data displayed on this sample report are not factual and are meant for illustration only. 68 • CTS TripMaster IVR Notification. Interactive Voice Response (IVR) systems allows customers to receive automated telephone calls confirming trip dates and arrival times. It allows customers to cancel trips over the phone as well as announces the arrival of the City vehicle. Customers can also check on the status of their trip by calling the IVR, ending some ‘where’s my ride?’ calls for the call center staff. • CTS TripMaster ParaPortal Passenger Portal. A customer-facing web platform allows passengers to manage their entire paratransit schedule online. The user-friendly interface can be accessed from any online browser or mobile device. Passengers can review, confirm, or cancel their trips 24/7. This also allows for live vehicle tracking, ending some ‘where’s my ride?” calls for the call center staff MAXIMIZE PRODUCTIVITY We understand that productivity and efficiency are important considerations in the delivery of transportation services, particularly in paratransit operations, as the daily schedules vary significantly. Maximizing productivity is an initiative that can result in significant cost savings to the City of El Monte. Our goal is to make sure the El Monte service is provided as cost effectively as possible while maintaining strong customer service. Increasing productivity must include a thorough analysis of current system practices, capabilities, and procedures, as well as identification of functions that can be optimized and changes that can be implemented to increase system productivity. First Transit Operations Support will complete regular system “well checks” of the CTS scheduling system and other processes, offering suggestions for more training and system optimization. Through this analysis and the implementation of innovative technology tools and strategies described throughout this proposal, we will achieve your goals for system productivity. Our procedures are designed specifically to impact productivity. • Dispatchers use advanced scheduling strategies to optimize routes, finding poor routing, and reducing route deadhead. They effectively manage future service, as well as showing trends in historical service delivery, to make positive adjustments. • Our managers continuously ensure scheduling staff are knowledgeable of, and consistently apply the tools and techniques in the CTS scheduling system designed to optimize schedules. • Helping to assess the use of the CTS scheduling system and its performance on City services. • Our dispatchers are taught to schedule group trips in the most efficient manner possible to ensure customer satisfaction with the services, both from individual customers and the agencies and groups we serve. • During our contract with the City of El Monte, we will look for potential improvements and opportunities for retraining and specialized training by First Transit’s corporate and regional support staff to increase efficiency. DAILY OPERATIONS Our operations approach for the City of El Monte focuses on improving the customer experience while achieving greater cost efficiency. First Transit’s operations plan starts with having the right people in place to manage these important services. Our General Manager, Zack Deukmajian, will lead the team in providing these important services. This encompasses observation and analysis of our service delivery, including key performance areas that impact our efficiency and the public’s experience with the City service. These areas include road supervision, dispatching, operator staffing, productivity, scheduling, on-time performance, rider satisfaction, vehicle appearance, vehicle maintenance, vehicle availability, safety, and training. Innovative technology tools such as Passio (for fixed route services) and CTS TripMaster (for DAR/paratransit services) will allow our general manager Zack Deukmajian and our operations manager to monitor operations in real-time. Zack Deukmajian and our operations manager will meet regularly to review performance. The City of El Monte and Zack will discuss areas for improvement and develop actions plans during these meetings. Additionally, these meetings allow for the coordination and communication that is so critical to the success of service operations. The operations manager reports directly to the general manager and leads the daily deployment of services. The operations manager will control the daily operation and be the focal point for the safe delivery of service to customers within the City of El Monte service area. The operations manager will also manage personnel issues, including oversight of scheduling, discipline, employee performance, and controlling overtime. the operations manager will also ensure operators do not exceed FMVSS, FLSA or CBA work rules and labor standards. In conjunction with our safety and training manager, the operations manager carefully reviews accident reports, ensuring observation of all safety and ADA regulations and training methods. 69 The operations manager, maintenance manager, and safety and training manager also meet daily to evaluate pull-out performance, including: operating vehicles, rested drivers, and adequate supervision. They compare that day’s performance to prior days to make sure that they have enough resources to meet service needs for the City of El Monte. CUSTOMER-FOCUSED RESERVATIONS Dispatchers will handle verifying passenger eligibility, processing trip requests, and changing or canceling existing reservations in a “real time” environment. These functions will use the CTS scheduling software and reduce the amount of calls coming into dispatchers. Dispatchers will verbally confirm the customer’s contact information, trip/appointment date and time, mobility information, and destination, during and before the end of each call, thereby reducing the number of potential data-entry errors. During the booking process, our dispatchers will employ the use of basic scheduling strategies to evaluate the best available routing solution This skill, taught during our comprehensive training program, will maximize service efficiency and the use of scheduled hours. Dispatchers will conduct negotiations with passengers to agree on and confirm a pick-up time with the passenger that makes the best use of available service resources. Reservations will be taken for all trips (e.g., zero denial) and will be assigned during the scheduling process. Prior to completing the reservation, riders will be quoted a 20-minute pick-up window and told that the vehicle may arrive at any time within the 20 minutes quoted. As mentioned before, by hiring employees from the El Monte region, this helps to create an inclusive comfortable culture that positively affects our passengers and enhances the passenger travel experience. Currently, our El Monte operation has 87% of its employees that self-identity as Hispanic/Latino. This remarkable statistic directly addresses the more than 80% of respondents, of the M&A report survey who self-identified as Hispanic/Latino, who reported a negative experience when making trip reservations. Breaking down cultural and language barriers are key to providing a service as critical as public transit is. Especially with 87% of the City’s DAR riders, deemed “transit-dependent”. CANCELLATIONS AND “WHERE’S MY RIDE?” (DIAL-A-RIDE/PARATRANSIT) Dispatchers will field “where’s my ride?” calls. In the CTS scheduling system, they will have instant access to all pertinent trip information, including: • Current vehicle location in relation to customer’s pick-up address • Predictive updates on estimated vehicle arrival based on AVL and Google mapping estimates • Scripted information for consistent message • Current manifest status By offering real-time access to all this information in one workspace, First Transit can enhance the customer experience. This technology significantly reduces the amount of time taken to check route status, while giving more exact estimates. By upgrading from the current Trapeze scheduling software to CTS TripMaster technology, there are a few service enhancements that will ease the scheduling process for passengers. Per the 2018 M&A report, “ease of making a reservation” ranked last on the customer satisfaction list. With CTS TripMaster, we also propose introducing the online rider portal module, ParaPortal. ParaPortal will benefit the EL Monte DAR/paratransit passengers providing them a booking experience at their fingertips. The online portal allows passengers to book and cancel trips online, reducing the calls coming into the call center and improving customer service. This module will allow riders’ delegates (e.g., assistants from nursing homes or hospitals) make requests on behalf of riders as well. MONITORING AND COACHING BY SUPERVISORS Supervisors will review calls for accuracy, compliance, and customer service. All supervisors will have monthly side-by-sides and coaching with each dispatcher to review performance progress and areas to improve. Supervisors offer refresher training as needed to support their employees. In addition, supervisors will review all complaints coming through and coach the dispatchers as needed. 70 EFFICIENT PARATRANSIT SCHEDULING Once trips are created and confirmed by the dispatchers begin the process of organizing vehicles, refining requests, and finding opportunities for shared-ride service. The scheduling team’s primary focus is to follow ADA, FTA, and City guidelines for scheduled pick-up, drop-off, ride time, on-time performance, and system productivity. Using the CTS program, the dispatcher will quickly and efficiently isolate service inefficiencies, offering immediate resolution on contradictory or redundant scheduling. Not only will they weed out typical scheduling snafus, such as late pick-up, late appointment arrival times, illogical routing, and unrealistic speeds, they will have access to up-to-date performance calculations. These calculations include productivity, estimated on-time, deadhead, slack, and trip grouping, all on a route-by-route basis. The dispatcher staff keep a practiced eye on routes before day of service, ensuring proper groupings, reduced deadhead, reduced slack, and best routing. After several iterations of scheduling, staff complete any remaining unassigned rides, confirm next day route start and end times, and work closely with management to coordinate operator breaks, lunches, and splits to improve resource availability. Additional service management will include applying necessary changes to accommodate last- minute or unexpected shifts in demand and adjusting future schedules in anticipation of major events and/or inclement weather. EFFECTIVE DISPATCH PROCEDURES With responsibility for both fixed route and paratransit operations, First Transit’s dispatch team will monitor paratransit schedules and changes and oversee communication with all operators regarding delays, traffic, road hazards and other service issues. Dispatchers set the tone for route timeliness before the vehicle is even in service. Dispatchers ensure operators are ready for service and that operators meet compliance requirements (e.g., license, fitness for duty, uniform, paperwork, fares, etc.). Dispatch staff also assign routes and vehicles, ensuring drivers are equipped with correct schedules, manifests, and vehicle assignments. This first-level management, before the bus even leaves the lot, impacts overall system performance. With the help of the CTS tools, our dispatch staff watch and manage prompt deployments and returns according to the schedule and receive notification of routes that violate scheduled times. This results in a reduction in the “domino effect,” where late deployments affect the timeliness of later route events. The dispatcher’s primary responsibility is to remain in contact with the operators and road supervisors throughout the day. Dispatchers: • Monitor and manage the on-time performance of scheduled routes. • Act as first responders to vehicle breakdowns or other in-service issues, informing location management and arranging an on-time alternative vehicle • Provide continuous monitoring and control of assigned radio frequencies during all hours that service provider vehicles are out of the yard. They make sure all voice radio communications pertain to service and enforce all FCC rules and regulations for radio and digital communications Dispatchers will perform “real time” schedule updates to effectively manage paratransit day-of-service changes using the CTS dispatch module. They also monitor on-time performance system wide. Specifically for the DAR/paratransit service, dispatchers notify paratransit customers of potential late pickups, reschedule trips with those customers when applicable, and optimize slack time from no-shows and late cancellations. Dispatchers may manually move trips from one manifest to another to make necessary schedule adjustments to accommodate changes. The dispatchers will optimize schedules on the day of wherever possible and alert the operators of any manifest changes as quickly as possible. To effectively balance operational needs with available personnel resources, dispatchers also monitor operator work hours and assign extra board services as needed, using First Transit procedures for efficient use of labor and vehicle assignments. Vehicle assignments are based on the availability of vehicles from the maintenance department. The technology solutions used throughout our paratransit service provide us with tools for optimizing productivity, including mobile tablets. As the primary means of transmitting assigned trip data to our operators, this technology enhances our dispatcher’s success in monitoring trip performance data and requirements. The real-time updates and constant communications with the vehicle tablets offer a greater ability to make necessary adjustments to schedules, as the operators know vehicle locations without having to call the operator over the radio. 71 COMPREHENSIVE ROAD SUPERVISION First Transit deploys professional road supervisors to provide responsive, on-road management and supervision to support our operators in the field. Our service supervision follows First Transit and the City of El Monte’s requirements to promote successful operation, safety, and client and passenger satisfaction. The road supervisor schedule offers staggered coverage to observe and support on-time pull-out from the operating base, as well as operator pre- and post-trip vehicle inspections. Additionally, road supervisors conduct road observations for quality assurance. Road observations are conducted regularly to promote positive customer service, and monitor compliance with ADA, El Monte, First Transit, state, and federal laws for safe vehicle operation. They understand the issues our operators face and can offer genuine solutions to tough situations. ROAD SUPERVISOR DUTIES: SUMMARY Additionally, road supervisors sometimes assist with transporting riders, for example when riders need a ride from an accident or incident to their destination. HOW SUPERVISORS MONITOR PERFORMANCE The road supervisor staff will perform gates checks as the operators prepare to leave the yard. While in the yard, the road supervisor staff will watch operators to ensure they are cycling the wheelchair lift and performing their daily vehicle inspections. After the vehicles begin service, there will be two types of daily quality control checks: observations and time-point checks. These unscheduled (observations) and scheduled (time-point) checks help on-time performance, prevent vehicle bunching, promote vehicle cleanliness, and ensure safe-driving practices. The road supervisor conducts the observations in the field while the dispatcher monitors time-point checks in the office through the CTS (for the DAR/paratransit services) and Passio (for fixed route services) software. Both checks work together to improve the service to customers, operators that fail these inspections or have difficulty delivering on-time service go through coaching and retraining. Regular time-point checks also help to highlight potential route timing issues as well as passenger loads. The road supervisor is an integral part of the First Transit Safety Solutions Team. If an accident or incident occurs the road supervisor investigates, photographs, and includes their report on the accident to the safety manager. The road supervisor also monitors DriveCam units and tablets to ensure that operators are developing safe driving habits and not performing any unsafe acts such during operation. 72 WOSAFE, CUSTOMER-FOCUSED OPERATORS As the first and often only point of contact most customers have with El Monte and First Transit, our operators are key to the successful operation of these services. We communicate to trainees that our role as a company is to provide safe, courteous, and efficient transportation for each City passenger we carry. Following this role, First Transit creates an open, cooperative, and supportive working atmosphere to meet service expectations. First Transit achieves continual improvement of operator performance with thorough training programs, honest feedback, and employee accountability. We consider it extremely important to spend more time with an employee with performance issues, such as absenteeism, tardiness, complaints, or safety concerns. Retraining and coaching are much more beneficial than blind employee reprimands to improve service and retain employees. DRIVER INSPECTIONS At First Transit, the safety of our passengers, our employees, and the public is our top priority every day. For this reason, we ensure that our operators inspect all vehicles daily prior to ever leaving the lot. We take this Daily Vehicle Inspection Report (DVIR) seriously. Supervisors check that the Drivers perform their DVIR comprehensively, quickly, and efficiently. Supervisors ensure operators do not delay on-time pull out and that operators are completely checking the entire vehicle, bumper to bumper, not just checking a box. The DVIR is also the first opportunity to catch maintenance issues before they become a safety concern and a costly repair. Vehicle inspection should be an ongoing process. The inspection begins before the operator sets out on his/her route. While in route, operators should be aware of any changes in the vehicle’s performance and make note of any problems. At the end of the trip, operators fill out the DVIR, noting any problems they encountered during their trip. INSPECTION METHOD: GENERAL STEPS 1. Approach the vehicle, notice the general condition of the body. Check to see if the vehicle is leaning. 2. Check the engine compartment for oil, fuel, and coolant leaks. Check the belts and wiring for obvious defects. 3. Start the engine and listen for unusual noises. Check the dash lights and gauges. Turn on the headlights, four-way flashers, and interior lights. Open the front and rear doors. Set the head sign. Check the condition of operator controls. 4. Walk around the vehicle and check the headlights, clearance lights, brake lights and turn signals. Check tires for tread depth. 5. Check the passenger compartment to see if the seats are clean and secure. Check the floor for cleanliness and for any slipping hazards. Check that the passenger buzzer works. Check the stairwell lights and check the steps for cleanliness. 6. Check the brake system. 73 DRESS CODE The appearance of our staff has a direct impact on the image of First Transit and the City of El Monte. We expect that all employees in all positions present a professional image. Attire should be proper for the duties performed, and guidelines differ for office staff and service personnel. In general, all clothing should be clean, pressed, and in good condition. Hair should be neat, clean, and well groomed, and jewelry should not be excessive. • Employee Appearance – Our employees will present a neat, professional appearance at all times. Our staff – including drivers and operational supervisors – will wear proper uniforms and identification badges while on duty. We give uniforms to all staff that have direct contact with passengers. Adherence to set uniform policies, which are included in our employee handbook and discussed during training sessions, is checked by our supervisory staff during driver check-in procedures and during their contact with drivers. No driver can be on route unless their attire meets these standards. • Badges – All First Transit employees are assigned a photo identification card as part of injury prevention standards. Each photo ID includes a photograph of the employee, name, job title, location, badge number, and issue date. o Photo ID cards are issued within one month of hire and are kept by employees until they end their employment or are requested to surrender their photo ID. Employees must display their photo ID while performing official duties either in a lanyard pouch, a clear pocket on a safety vest, or in some other visual manner. • Required Vests – All First Transit employees must wear our high-visibility safety vests in the operations and maintenance areas. This is to ensure that everyone is seen easily and may work in a safe environment. FARE PROCESSING AND MANAGEMENT First Transit’s fare processing and management ensures that every aspect of fare collection, counting, reconciliation, and transport is accurate and secure. We establish strict procedures for the security of fares, in coordination with the City of El Monte, to maintain accountability and the highest operating standards. Prior to hiring, background checks are conducted on all personnel, including those performing duties involving access to revenue. All background investigations are updated annually. Employees are required to wear a pocketless uniform when counting revenue. FARE COLLECTION First Transit knows the importance of accuracy and will provide detailed information to the City of El Monte for all fare collection. Our monthly fare report details revenue collection and management data to include: • Revenue collected (includes cash and other fare media) • Revenue reconciled • Daily deposits • Daily cash summary sheets Our revenue collection and reconciliation procedures minimize the potential for abuse, keeping operations accurate. If losses are identified during reconciliation, we act immediately to identify the source of the loss and apply appropriate measures to correct the situation. The City of El Monte’s fare revenues are a crucial component of our operation. Fares will be charged to passengers as specified by the City of El Monte. All revenues received are controlled and accounted for in accordance with standard cash handling, fare retrieval and accounting practices. COUNTING PROCEDURES The following procedures are in place to count and secure daily fare collections. • Fare boxes are removed from buses at the end of the route by a supervisor or dispatcher at the front of our offices under surveillance of our cameras. 74 • Open safe, obtain keys, and unlock bin used to receive and safely store revenue. • Set up coin sorter and place coin bags on sorter. • Set up computer, enter current date, ID code, and account number. • Empty bills, tickets, and coins from bin. • Start coin counter and place coins in counter. • Band all bills into stacks of twenty-five dollars per bundle. • Designate two (2) counters at all times. • After cash is counted and logged, Counters bring cash to Operations Manager. • Cash is then recounted with all 3 persons present. • Amounts counted are recorded on the Fare Recon file by day. • Deposit is created for each day and counted upon completion each day. Deposit amount must total Fare Recon. o Note service day collected on deposit slip. o Cash and Deposit are put in Sealed bags and locked in safe. • IF Multiple days are counted, multiple deposits can be put into the same bag number and sealed. • IF so, every day of cash collected is noted on the Recon with a deposit and bag number. • Brinks log must be kept in a safe place. • Daily Brinks will pick up the deposit from our safe. REVENUE TRANSPORT As mentioned above, First Transit will utilize armored car service to transport revenue to the bank from the secured facility vault. The armored car service will pick up the revenue directly from the counting room safe, as directed by the City, and in complete compliance with First Transit and City safety and security requirements. AUDITS Our Internal Audit team conducts revenue-control audits on a random basis to confirm that controls are in place and operating properly. We check that cash fares are secure from the time they are received from the passenger until they are deposited into the bank. Auditors also confirm that the count room is secure, all keys are secure and accounted for when not in use, dual- custody of cash fares exists during the counting process, and that comprehensive reconciliation is taking place each month. OVERCOMING TYPICAL OPERATIONAL ISSUES Marinating a high on-time performance is key to any successfully transit operation. However, maintaining on-time performance is just one part of providing a complete satisfactory trip for the City’s passengers. As a current transportation provider for the EL Monte region, First Transit has successfully met the stringent on-time performance requirements of El Monte’s neighboring cities for years. First Transit recognizes that one-time performance has been an issue in the past, because of this, here are a few of the various next steps that we will take to correct this long-standing issue. 1. Review the routes and the current run cuts and compare them to an independent run cut that we have created internally 2. Hold internal discussions with current drivers to address the issues that they are experiencing on the route 3. Review all historical data that sheds light on changes in travel or traffic patterns 4. Meet with local officials from key travel destinations to better understand their processes for intake and discharging of patients (DAR service only) 5. Apply these finds to our internal run cutting system and work with City staff on potential changes Furthermore, First Transit will use the below detailed methods for ensuring the quality of operations for paratransit and fixed- route services. GAPS IN FIXED-ROUTE SERVICE Bunching that causes gaps in service are identified by Passio, as well as road supervisor and dispatcher monitoring. Technology tools lessen the load on road supervisors (and in some cases the staffing requirement for supervisors) and allow more efficient scheduling of supervisory staff to the most critical areas. 75 First Transit knows how important it is to deliver on-time performance to our El Monte passengers. Through our road supervision staff, we focus on the positive things our operators do and provide genuine feedback to improve weaknesses. Our El Monte road supervisors support everyone’s efforts to provide on-time performance through recommendations for improved service and helpful reinforcement of our mission to continually improve operator performance. LIQUIDATED DAMAGES Although “Liquidated Damages” are common in our industry we believe that open lines of communication, dedication to meeting or exceeding the City’s service goals and involvement from our regional team, will help in limit any potential penalties assessed. Although no penalties have been assessed since 2016, we request the opportunity during negotiations to discuss some of the liquidated damage targets that have high thresholds compared to current and peer system performance. We believe that based on our current comparable operations in the El Monte area, some of the stated thresholds can be updated to be in line with the region’s standards and best practice. Furthermore, better understanding the City’s current on time performance for DAR or historical parts lead-time for the 2016 MV-1 vehicles, for example, will help us to develop proper procedures to curb any issues that are experienced today. Without this data and due to some of the unusually high service thresholds in the RFP, we have included $5,000.00 per month to our pricing model to cover the unexpected assessments. First Transit believes that this cost can be drastically reduced, during negotiations once some of the stated past issues are better understood. DELIVERING HIGH PRODUCTIVITY AND EXCELLENT CUSTOMER SERVICE FOR PARATRANSIT CUSTOMERS Maximizing efficiency while maintaining quality customer services is a balancing act. First Transit knows the costs associated with paratransit services and works diligently to keep productivity high. That is why First Transit has developed best practices in all levels of the operation, from staffing to technology, to ensure efficiency. Recruiting and hiring the right people reduces operator shortages, overtime, and employee turn-over, so managers can focus on keeping the current employees instead of training new ones. The retention of quality employees raises customer service as customers enjoy seeing a friendly familiar face. First Transit uses the most up-to-date technology with the CTS software for the dispatchers to see the most accurate information to create the daily schedules. We will use technology that allows to increase productivity while keeping passenger ride times to a minimum. To ensure the CTS system’s capabilities are maximized, First Transit’s Operations Support team performs a periodic check on the CTS software to ensure scheduling parameters are properly set and meet changing service needs. Dispatchers also use best practices when it comes to group trips and subscription trips. As experts in CTS scheduling software, the dispatchers maximize the daily schedule to limit passenger ride time and keep productivity up, especially with larger group trips. Dispatchers notice patterns in frequent customers and enroll them in subscription trips, to ensure they realistic schedules and to maximize productivity. SAME-DAY PARATRANSIT SCHEDULE CHANGES First Transit knows that staying productive and remaining flexible can be difficult, that is why we strive to have the right tools and people in place to adapt to changing schedules. When a customer cancels their planned trip on the day of, that alters the productivity for the day. Dispatchers re-work the assigned manifests using CTS to find the most efficient new schedules for operators. Dispatchers contact operators to let them know their manifest has changed. The quickest way to do that is with tablets. The instant updating of the tablet alerts operators to a manifest change in real-time. Without them, the dispatchers must call out over the radio to the operator and give them the specifics of what has changed, significantly increasing the possibility of miscommunication. 76 IN-SERVICE VEHICLE FAILURES Although First Transit takes pride in our preventative maintenance program, issues do arise that require us to respond to vehicle breakdowns. With more than 65 years of transit experience operating fixed route and paratransit services, we feel confident in our ability to handle any type of breakdown. Road supervisors are the first on the scene to breakdowns and ensure that service is not excessively interrupted. Using a replacement bus leaving the facility, or “picking up” the trip with a bus that would otherwise be returning to the facility helps to quickly restore service for the passengers. Our maintenance manager continuously tracks road calls and repeat mechanical failures. Through this information and First Transit’s preventive maintenance program, we aggressively pursue issues and reduce the level of repeat failures. First Transit will continually improve our miles between road calls and immediately respond if disruptions do occur. UNUSUAL TRAFFIC CONDITIONS Road supervisors and dispatchers are in direct communication with each other and the operators to watch unusual traffic conditions. When slowdowns occur, operators receive notifications for the cause of the delay and instructions on alternative routes. Through their tablets, the operators will have automatic rerouting based on traffic conditions and other issues. The interaction between road supervisors, dispatchers, and operators is a crucial factor in preventing loss of performance and keeping passenger satisfaction. FARE DISPUTES First Transit will discuss fare disputes and their ideal resolution with El Monte before contract start. Fare disputes are covered in initial training, and we discuss this issue periodically at our monthly safety meetings. First Transit’s procedures specify that operators ask passengers for the correct fare and notify dispatchers if a dispute arises. At the City of El Monte’s direction, the operator will attempt to resolve the issue. Informing the passenger of the fare price and reporting the incident to a dispatcher or supervisor usually resolves the dispute. If the passenger is still not satisfied, a road supervisor will meet the bus and discuss the dispute further with the passenger. Recurring problems from the same passenger may require a directive from the City for further action. EMERGENCY RESPONSE TRAINING FOR ALL EMPLOYEES Operational success includes the ability to plan for events that are outside the normal scope of day-to-day operations. First Transit has developed programs to respond to emergencies and routine problems through our industry-leading best practices. Training for emergencies may include the following programs: • National Incident Management System (NIMS) Training • Incident Command System (ICS) Training • Safety, Security and Incident Response Training • Security Orientation/Awareness Training • Counter-Terrorism Training • OSHA Required Training • Sensitive Security Information (SSI) Training Continuous monitoring and daily vigilance of the service keeps our operators on time, and provides exceptional service to passengers’ dependent upon the City of El Monte’s transit services. EXCELLENCE THROUGH ADVANCED TECHNOLOGY Over the past 10 years, public transportation has made significant progress when it comes to the technology being used in the industry. Much of the technology is meant to improve passenger experience and support operations with items such as on-time performance, productivity, safety, fleet management, and other KPI measurements. 77 First Transit recognizes the many benefits technology provides, which is why we have invested in various solutions and retained subject matter experts (SMEs) who work directly with our clients. These SMEs help determine how to best use today’s technologies, with a keen eye toward the future. If there is a better, smarter way to conduct business, we will find it, try it, and share the lessons learned with all our clients. Our team will assist the City of El Monte in the process of identifying the problems and challenges the technology needs to resolve, vetting the technology provider’s readiness to share and/or change their product roadmap to better address challenges that surface and determining what technology provides a best-in-class toolset the City of El Monte can use in its transit services. TECHNOLOGY SUPPORT The First Transit Innovation and Operations Support Departments have assembled talented and skilled people in the business who possess deep industry and technology experience and will assist the City of El Monte. Our technology support comes from a variety of departments that include: • Innovation Department – The team consists of subject matter experts with operational experience in mobility services, integrated payments, strategic technology initiatives, mobile applications, trip planning, on-demand services, NEMT, dial-a-ride services, and micromobility. • Information Technology – Our IT experts are professionals in both hardware and software verticals, compliance, technology audit, data privacy and security, cloud-based computing, API integration, data warehousing, and data analysis and management. • Technology Services – The team includes experts who have hands-on experience with transitioning technologies, sustaining applications, training, data analysis, report writing, and providing the tools necessary to leverage meaningful technology with suitable features and modules. • Operations Support – The team consists of hands-on technology experts who leverage solutions to support all operations, fleet maintenance, paperless shops, and business intelligence while maintaining contractual requirements on a day-to-day continuity. • Fleet Electrification – We have organized a team whose primary objective is to assist our transit clients’ transition from petroleum-based vehicles to electric. We conduct route analysis, develop infrastructure and fleet maintenance plans, and identify other strategic steps required to transition a fleet to fully electric. • Legal and Risk Management – Legal regulations on how data privacy is managed, secured, and protected are changing at an alarming rate. First Transit has a dedicated legal and risk management team whose core responsibility is to monitor statutory and legislative changes at the local, county, state, and federal levels. PROPOSED TECHNOLOGY FOR THE CITY OF EL MONTE Our innovation and technology experts have considered the City of El Monte’s needs, expectations and operating environment when selecting technology tools for deployment into our daily operations. The following technology tools will be incorporated into our daily service delivery for the City of El Monte to ensure safe, efficient and customer-focused transportation services. DRIVECAM SF300 DriveCam is an on-board camera audio/video data recording system that records when events happen like accidents, aggressive accelerations, sudden stops, or hard cornering. This event-activated camera captures video footage of the vehicle interior and exterior in the seconds before, during, and after the activating incident, which includes collisions, hard braking or turns, or other G-force-related events. The operator can also activate the camera manually in the event of a passenger incident or active threat. EFFECTIVE COACHING DriveCam is a powerful behavior modification tool, supported by DriveCam’s centralized review team. DriveCam personnel analyzes, reviews, and scores recorded videos and sends them to First Transit’s safety manager. The safety manager will use this information to develop one-on-one coaching for specific operators. Coaching includes a review of the event video, a discussion of what happened, and feedback on the exhibited driving behaviors. This allows the operator to see driving 78 behaviors that need improvement and provides the operator with the tools to replace these behaviors with safer driving habits. PROACTIVE SAFETY WARNINGS DriveCam SF300 has added benefits to both the City of El Monte and the operators. When the system detects an event, it will give the operator a loud audio warning, to correct the behavior, and recording will begin. SF300 has audio triggers for: • Lane departures • Forward collisions • Following distance • Lane adherence • Rolling stops • Distracted driving events: Handheld device / cell phone use, food and drink, smoking • Drowsy driving • Seat belt use SF300 is the only system that is a solution for proactive operator warning and when paired with incident documentation and training resources it is a beneficial comprehensive system. DriveCam also provides more protections for our passengers as well as our operators. Operators can use a manual activation switch on the DriveCam unit to capture events on board the vehicle such as: • Record the actions of violent or abusive riders • Record the operators’ handling of troublesome situations on-board • Document unusual situations for later review by the City of El Monte and First Transit staff REAL-TIME AND HISTORICAL SAFETY MONITORING First Transit managers can also access DriveCam-captured video footage directly and can provide El Monte access as requested. DriveCam also allows management to live-stream inside and outside views of any vehicle in the fleet. The system provides a DVR that can store up to 100 hours of vehicle footage that managers can use for incident investigations or re-training sessions. IMPROVED SAFETY COST MANAGEMENT On-road safety issues drive up operational costs and DriveCam is effective tool at reducing costs related to safety incidents. Event-activated video footage drives effective ongoing training and behavior modification for operators, supports accurate incident reporting, and allows First Transit to receive reduced insurance rates. GEOTAB PRO PLUS First Transit is pleased to bring the highest level of Geotab technology available to the City fleet for advanced AVL and monitoring capabilities. Geotab is an industry leader of fleet telematics devices with more than 1.3 million devices in operation and 3 billion data points collected daily. With many major clients including PepsiCo, UPS, and, of course, First Transit, this rugged device is highly-reliable, cost-effective and extremely versatile. Geotab offers advanced GPS technology, g-force monitoring, GEOTAB IOX expandability, and engine and battery health assessments. With these features Geotab is so much more than Automatic Vehicle Location (AVL) technology. Geotab can also track battery charge levels and all its reports have the ability of real time notifications so it is known if a battery or fuel level is low while a vehicle is on the road. First Transit also uses data from Geotab to power its Lean initiatives and Qtime reporting capabilities. 79 KEY BENEFITS AND FEATURES Other AVLs can’t compete with Geotab’s ease of installation and use. Geotab’s GPS vehicle tracking and telematics start recording as soon as the vehicle is in motion, even if the vehicle is parked indoors or underground. To install, simply plug the device into the vehicle’s OBD II port or heavy-duty diagnostic port. Because of its speed, accuracy, and cost effectiveness First Transit recommends a Geotab device in every bus it operates. This recommendation is based on what we can use this device to do: • See real-time vehicle positions with a five-second refresh rate • Support dispatch systems • Drive mobile applications and websites for riders • Alerts on electric bus battery charge levels • Communicate diagnostic information • Create and utilize custom reports Geotab allows complete customization of the platform for the City of El Monte services. Geotab can impact service quality and increase El Monte’s efficiency: • Fuel Tracking in real time • Vehicle Inspections • Electronic Logging/Fault Codes • Speed/Accelerometer Data • Operator Behavior First Transit is excited to work with the City to create a customized Geotab solution perfect for the operation. INTEGRATION AND CUSTOMIZATION Geotab integrates its Geotab GPS devices and Geotab NFC Readers with leading manufacturers, suppliers and third-party apps. If the City of El Monte already has a customized app in place, Geotab can integrate with that as well. Currently, First Transit is increasing our integrations between Geotab and Lytx/DriveCam. We have three successful integrations currently in place: • Single Sign On: Operators can access the Lytx website through Geotab— no need to switch systems or remember multiple passwords. • Lytx Video Browsing: In Geotab, screenshots from the camera at any point during a driver’s day or live video can be viewed. • Automatic Drive Event Assignment: Utilizing the Geotab NFC reader, Lytx pulls the driver to vehicle assignment from Geotab and automatically assigns the driver to any events created from that vehicle. For a larger location, this can save hours per day as an employee would typically have to assign each event to a driver manually. PASSIO TECHNOLOGIES (FIXED ROUTE SERVICES) PASSIO GO™ Passio GO represents the next generation of real-time vehicle location tools for passengers and CAD/AVL management and reporting tools for system operators. First Transit therefore proposes Passio as a central technology for operating the City of El Monte’s fixed route services. Fully integrating the best visual tools, public viewers, and smartphone applications into the IncroMAXX platform provides the City with unparalleled access to real time updates for routes and stops, while instantaneously evaluating the system’s performance from any computer, tablet, or cellphone. Hundreds of hours of testing and consistent customer feedback have produced a tool that is intuitive for passengers, invaluable for daily operators, and indispensable for management and leadership teams. Described later in this section, First Transit has extensive experience with the Passio system and will ensure that our team maximizes the capabilities of this important tool. First Transit uses Geotab in over 7,000 vehicles. We know the benefit Geotab can bring to the City of El Monte. 80 PASSIO GO SMARTPHONE APPLICATIONS™ The Passio GO mobile application is designed to be intuitive and user friendly. No specific training is required for the end users. Once the application is downloaded to the smartphone, the application leads them to naturally understand how to use the key features such as viewing specific routes, tracking buses in real time, and identifying where they need to go simply by tapping on the home screen. For passengers wishing to take advantage of enhanced features such as “follow my bus” or destination planning, the application has straightforward embedded hints and guidance tools that make the app easy for everyone to use. GPS data is updated in real time, typically every second or less, on board the vehicle. Movement change in heading/direction and speed is reported in real time and immediately uploaded via data connection to network servers for representation on public views, website maps, and smartphone applications. PASSENGER NOTIFICATIONS: ALERTS AND ANNOUNCEMENTS • The system has two levels of communication within the application: Alerts for immediate notification and highlighted viewing and Announcements for general information. • Alerts scroll above the map and do not require any action by the user to view them. • Announcements are indicated by the red message button on the bottom right of the home screen. Users tap on the indicator to view the more detailed announcement information. PASSIO GO INTERACTIVE PUBLIC VIEWER™ Many customers require the functionality of the smartphone application accessible from any internet- connected PC, tablet, or mobile device. The Interactive Public Viewer includes Optimized Mobile Web View for using the tool on smaller mobile devices such as tablets and smartphones. This ensures that all display features are proportioned correctly for display on smaller screens. • Interactive Public Viewer is accessible via a customer specific web link. • There is no additional software to download and the solution is a pure HTML implementation that displays vehicles on a 2-dimensional map. • Vehicle location, passenger load information, and estimated time of arrival (ETA) information is updated automatically without any interaction required from the user. • Vehicle direction is indicated on each bus icon and routes are all drawn in different colors. • Bus stops that are shared by multiple routes are clearly indicated through stop design features. User BenefitsFree downloads for iPhone (iOS) and Android (Google Play) users are always available for Passio GO. Geo-location button on the home screen allows GPS enabled smartphones to orient user locaton to map view. User has the option to select all, some, or one route. Only active routes are enabled within the application Application algorithm processes real time vehicle location information for smooth and steady graphical representation. 81 • Clicking on the bus icon will show the current location, route, and next stop information for the vehicle. PASSIO GO KIOSK MODE – LIVEDISPLAY.TV™ With the introduction of Passio GO Kiosk Mode™ using LiveDisplay.TV™ Passio GO customers have access to configure and customize public views of their vehicle route activity at an unprecedented level. Any internet connected screen from a tablet embedded in a kiosk to a large display monitor at a key transit center or public location can be used to show vehicle and route locations. The unique configuration design provides options for granular access to the display features. A simple weblink is created for each combination of views and options. Once the link is set it can be displayed using standard internet browsers. All vehicle and route information automatically update and refreshes – no user interaction is required to view data in real-time. PASSIO NAVIGATOR™ AND PASSIO OPSVIEW™ PASSIO NAVIGATOR™ Passio Navigator™ is the engine behind the IncroMAXX Transit Platform™. Navigator manages and controls dispatch, route and stop configuration, and reporting access. Dispatch and Messaging for CAD/AVL is managed from a single live map screen located within Passio Navigator™. The tool provides instant visibility into the status of all vehicles on route, current location, speed, stop and service status. City Dispatchers can instantly reassign, adjust or edit the vehicle status for operations and public viewing from the single screen. CLOUD-BASED MANAGEMENT SOLUTION Passio Navigator™ controls access to system features for each individual user with multi-layered security features. Navigator™ provides customers with full access to configure routes, route blocks, schedules, time points, stop locations, and fleet information. All Passio customers are connected to Passio Navigator™. Each user’s view is limited to their products and services. This ensures that the system is easy to learn, training requirements are minimized, and interactions are efficient for all users. Access and Control Visibility to all settings and the ability to make updates in real time is incredibly valuable for customers. Passio’s outstanding account management team is always available to answer questions or make the updates at our customer’s requests. This industry leading tool for management and reporting provides customers with unparalleled access to information, while ensuring simple and straightforward access to reports and analytics. Passio has developed an integrated, web-based, user guide for training and system use. This system is available to all active customers and is consistently updated by our support team. Reporting, system setup, parameters, alerts, configuration of routes, stops, drivers, and importing data is all controlled through the Passio Navigator. Users are granted access based on their need to review, update, or evaluate aspects of the system. The following management tools are available the City of El Monte through the Navigator interface, based on the services they use from Passio. 82 CONFIGURATION TOOLS Through Passio Navigator™ all customers have access to update all configuration details. These include adding and editing Stops, Routes, and Drivers. READ/WRITE ACCESS Access is controlled at the individual action level and is customizable for each user. Passio does not limit the number of users who may have access to either Read or Write actions within Passio Navigator™. Access to stop, route, and driver information is a single click from the topline configuration menu bar. Updates are straightforward and intuitive, but also provide a significant amount of control and flexibility for managing the system. PASSIO NAVIGATOR™ REPORTING TOOLS The Passio reporting system is managed through Passio Navigator™. This enables our customers to have a single login with access to all reporting, configuration, and management functions within the IncroMAXX™ Platform. The reporting system is divided between dynamic reporting and dashboard reports. The dynamic reporting tools are designed to allow the end user to build reports using combinations of filters for both specific and general areas of analysis. The full spectrum of components and fields within the database are available for the user to build the view they need with a few simple mouse clicks. DASHBOARD REPORTS Dashboard reports enable users to design and save reports to their unique specifications. Users tailor reports based on presentation type, data analyzed, filters used, and comparison analytics. • Fixed Date or Relative Date—set a report period that is fixed from a specific date to a specific date, or create relative date reports (I.e. the last 3 months or previous 14 days) Reports Live Maps Dispatch & Messaging Incident Logs Driver Time Sheet Alert Setup Route, Stop and Transit Configuring Data Import On-Board Device Management Card Database Management •Filter by custom or pre-set time periods •Group reporting data for presentation by quarter, semester, month, week, day, or hour •Select operational detail levels such as routes, stops, drivers, and buses •Custom passenger types can be filtered, segmented, and reported •Switch between passenger boarding and alighting counts Primary Report Views •Compare annual ridership trends by month, week, day, quarter, hour •Capture NTD data •Route reporting at three levels (block, route name, combined route) •Capable of grouping stops in alternate combinations •Demographic rider profiles Trend Analysis •On-Time Performance Trends •Filter reports by driver, bus, passenger type, and non-reported counts •Heat Map Analysis Internal Operations Management 83 • Scheduled Auto Email—email individual reports or an entire dashboard to a single email recipient or a group of recipients. Emails can be scheduled at any interval desired. • Multiple Dashboards—users have the option to create multiple dashboards to group report types by category or target audience. INCIDENT REPORTING The Passio IncroMAXX Transit platform logs and provides reporting on all tracked incidents. These incidents include In and Out of Service status, system alerts such as speeding, off route, and idling, and customer defined alerts. The defined alerts can be tailored for each system and may include customer specific incidents, emergencies, accidents, and/or passenger incidents. Each incident is tagged with the time, date, latitude, longitude, latitude, route, driver, vehicle number, device number, passenger load, and incident type. If enabled, both audio and photo recordings can be attached to any operator-initiated incident. DPASSIO OPSVIEW™ System managers and operators require detailed visibility to manage performance in real time. Historical trends and analysis tools provide detailed data to determine where challenges exist within the system and provide a roadmap to assist with corrections. Using Passio OPS View the leadership team can work quickly to improve performance, enhance efficiency, and reduce wasteful activity that contributes to lost time and higher costs. OPERATIONAL LIVE MAP View real time vehicle locations, determine whether vehicles are on or off route, and filter the view by route, or vehicle number. REAL TIME PASSENGER LOAD Passio IncroMAXX Transit™ customers using either Automated Passenger Counting or Electronic Passenger Counting (touch screen counting on the mobile data terminal) have the option to view real time passenger load data on both the Passio Navigator Operational Live Map for management as well as the publicly available web viewer, kiosk, and smartphone apps. 84 GPS PERFORMANCE REPORTS A full suite of vehicle and route-based tracking reports are included with Passio OpsView™. Examples include vehicle performance and route-based service reports. Understanding the amount of time, a vehicle is in transit on route confirms billing and service delivery. PASSIO INCROMAXX TRANSIT™ WITH APC (OPTIONAL) In addition, IncroMAXX Transit™ customers have the option to integrate APC (Automated Passenger Counting) into their solution. When choosing Passio’s integrated APC solution, all vehicles will have a mobile data terminal on board. The APC will connect through the MDT and will count passengers as they board or alight the vehicle and will work on single-door or multi- door vehicles. Using the MDT provides the City of El Monte with outstanding tracking, reporting, and control capabilities. Passenger counting is fully automated and conducted without any operator interaction. Additional features and capabilities include: an interactive, touch screen program that enables operators to track special passenger types, track field incidents, communicate important messages to supervisors and dispatch, and enter key information such as start time, deadhead time, and driver hours. Passio has partnered with Hella to integrate their three-dimensional, bi-directional, electronic imaging people counting system. With more than 25,000 employees in 30 countries, Hella has been developing and manufacturing automobile technology, chiefly in the areas of lighting and electronics, for more than 100 years. The unit has been designed to work in challenging environments such as variable or low light, multi-level counting fields of vision, and where a large detection range (up to 110°) is needed. The unit is designed to operate from -25° C (-13° F) to +70°C (+158° F) and only draws about 4W of power. The software is specially designed to compensate for passenger movement up and down stairways or on ramps in low floor buses. The IncroMAXX Transit™ hardware senses passengers from an overhead sensor. Additional sensors are available to trigger passenger counts when door status (open/closed) is transmitted. The system proposed will cover all entry and exit points of the vehicle. The system will create passenger counts without administrator or driver input. Startup will happen with vehicle ignition and does not require any manual input from any source to begin. The system will accurately count passengers as they board and alight and register stops, routes, and runs. The system utilizes 3D camera technology manufactured in Germany by HELLA, which will reliably distinguish passengers and non- passenger objects and can detect double backs and re-crossings. It will detect how many people enter or leave a vehicle with a counting accuracy of 98%, even under unfavorable conditions such as variable lighting or shadows. PASSIO EXPERIENCE First Transit utilizes various versions of the Passio product in a variety of client locations. Passio’s CAD/AVL technology, as well as add-on capabilities such as WiFi services and automatic passenger counting tool is an integral part of our operations and reporting programs in more than 16 locations nationwide. We use Passio in the following operations similar in size, scope, or geography to El Monte, including the following: • University of Chicago • University of Buffalo • University of Alabama • Southern CT State University • Savannah College of Art and Design • Rutgers • PHL – Aviation • LAX Airport 85 • Kennesaw State • Indebus • Georgia Southern • College of Staten Island • Clemson University • Chapman University • Century Village East • Brown University First Transit understands the necessity of providing an efficient operation to maintain an optimal customer experience. With our experience using Passio, and our dedication to innovation and technology, First Transit is committed to providing a high-quality operation for both the City of El Monte and our shared passengers. CTS TRIP MASTER (DIAL-A-RIDE/PARATRANSIT SERVICES) First Transit proposes using CTS Trip Master Scheduling Software for the City of El Monte’s Paratransit operations. This software provides an abundance of knowledge and tools available for your paratransit needs. The CTS Trip Master software will supply advanced, integrated technology solutions for the City’s service using a suite of software applications and network technology that connect business processes and mission-critical information. Combining systems for planning, scheduling, operations, dispatch, customer information, and reservations, Trip Master is a full-service system to meet your paratransit needs. With optional add-ons to fully customize the service to meet all of the City’s needs. Some of the functionality includes: • Custom statistical reporting • Payroll and Overtime Reporting • Fuel and Fluids Reporting • No-Shows and Cancelled Trips Passenger Tracking • Customizable Subscription Trips • Advanced Demand-Response Reservations • Views of pickup/drop-off sites and planned routes with Integrated Mapping • In addition to Trip Master we propose using the MDT/AVL tablet interface, ParaScope, to improve efficient communication between drivers and dispatch. ParaScope acts as a real-time information collection system about vehicles, passenger loads, vehicle locations, and built in GPS with mapping. It also is an electronic manifest, updating when Dispatchers make changes to trips. • Trip Master’s online rider portal, ParaPortal will benefit both the City of El Monte and our mutual passengers. The online portal allows passengers to book and cancel trips online, reducing the calls coming into the call center. • Trip Master also has an Interactive Voice Response System (IVR). The IVR will call the passenger the night before or shortly before on the day of their pickup, minimizing no shows and maximizing efficiency. CTS has more than 30 years of developing online reservations, dispatching, and scheduling systems for public transportation. Their customer service center offers around the clock online support, as well as monthly training webinars for new employees and anyone who wants to refresh their knowledge. First Transit has collaborated with CTS in the past and has not been disappointed in their technology or their level of service. DISPATCHING/SOFTWARE Provide a description of how vehicles will be dispatched. List any software/hardware to be used for dispatching. If the system uses Global Positioning System (GPS), please mention the type of GPS technology used and whether real-time GPS data can be provided to the City. CTS TripMaster provides flexibility for future growth at a fraction of the cost of Trapeze. It’s an intelligent piece of software that can manage data streams from hundreds of data points, taking advantage of the growing “Internet of Things (IOT).” TripMaster’s expandable, modern architecture will make sure that transportation providers are able to make decisions with as informed an outlook as possible. 86 Once trips are created and confirmed by the dispatcher staff, they will begin the process of organizing, refining the requests, and schedules for shared-ride service. The dispatch team’s primary focus is to follow ADA, FTA, and City of El Monte’s guidelines for scheduled pick-up, drop-off, ride time, on-time, and system productivity. TripMaster and scheduling automation feature allows for dispatchers to create advance day and even same day schedules in moments. This feature does not replace the need for skilled dispatchers, but uses advanced pre-set algorithms to create simple schedules freeing up dispatcher time for more complex trip placement issues. Using TripMaster software, the dispatchers methodically and efficiently isolate service inefficiencies, offering immediate resolution to run safe, on time, and cost-effective schedules. Not only are they able to find typical scheduling scenarios such as late pick-up or appointment arrival times, illogical routing, and unrealistic speeds, they also have access to up-to-date performance measurement reports. These measurements include productivity, estimated on-time performance, deadhead (time and distance), slack time, and trip grouping, all on a route by- route basis and available to drill down more granularly to resolve potential impacts on performance The dispatcher staff will keep a practiced eye on routes before the day of service, ensuring proper groupings, reduced deadhead, reduced slack, and best routing. After several iterations of scheduling, staff address any remaining unassigned rides, coordinating callbacks with call center agents where necessary, confirm next day route start and end times, and work closely with management and dispatch to coordinate driver breaks, lunches, and splits to improve resource availability. Additional service management includes applying necessary changes to accommodate last-minute or unexpected shifts in demand and adjusting future schedules in anticipation of major events and/or inclement weather. In addition to TripMaster we propose using the MDT/AVL tablet interface, ParaScope, to improve efficiency of communication between drivers and dispatch. ParaScope acts as a real-time information collection system about vehicles, passenger loads, vehicle locations, and built in GPS with mapping. It also is an electronic manifest, updating when Dispatchers make changes to trips. We also propose using TripMaster’s online rider portal, TripPortal. TripPortal will benefit both El Monte and our mutual passengers. The online portal allows passengers to book and cancel trips online, reducing the calls coming into the call center and improving customer service. This module will allow riders’ delegates (e.g., assistants from nursing homes or hospitals) make requests on behalf of riders. FACILITY/FUELING DESCRIPTION The Proposer shall provide a detailed description of their proposed facility(s) where non- CNG vehicles are to be fueled, where all vehicles are to be maintained, and where all vehicles are to be stored during the Agreement Term. Include the address of the facility and describe the size and features of the facility, maintenance capabilities, storage capacity and the number of vehicles to be stored there, administrative office space, security and any other significant features. The facility should meet the following minimum requirements: • The facility should be located within a five-mile radius of the El Monte Trolley Station located at 3679 Center Avenue, El Monte 91731. The El Monte transit buses may be called upon to provide emergency transportation during City emergencies (“Emergency Operations” under “Scope of Work”). With sufficient justification, the City will consider other locations outside this radius. First Transit will operate the City of El Monte fixed route and paratransit services from its facility at 4337 Rowland Avenue in El Monte. Located less than two miles from the El Monte Trolley Station, our El Monte location provides nearly 6,500 square feet of office, service, and storage space, monitored with CCTV. 87 The facility houses operations for the City of Monterey Park, the City of Arcadia, the City of San Gabriel, and the City of Sierra Madre. This sharing of facilities and resources has benefits both economic and operational. Within its main building, the facility houses five offices, each with a desk, networked computer, landline phone, and adequate filing space. Our General Manager, Operations & Safety Manager, Maintenance Manager, Road Supervisor, and Administrative Clerk all have dedicated office space within the facility. The dispatch area is located centrally within the office space to allow constant clear communication with all team members, and quick, easy access for drivers. This area contains seating and computer stations for four dispatchers and one lead dispatcher, as well as a filing station at which drivers submit and retrieve their assignments, logs, and other documentation. With a total lot size of nearly 44,000 square feet, our El Monte location has excess vehicle parking capacity. There are 40 parking spaces designated for revenue buses and shuttles, and 20 for non-revenue cars. Buses are cleaned in the dedicated wash bay located centrally in the parking area. Over 2,500 square feet of this location is dedicated to garage space, which houses all parts, tools, and supplies for our technicians to work in the facility’s two service bays. IMPLEMENTATION/TRANSITION PLAN The Proposer shall submit an implementation/transition and operational plan and schedule. These step-by-step plans shall include, at minimum, the following: staffing, personnel training, vehicle maintenance and storage, fueling, cleaning and washing, uniforms, farebox collection, licensing and permits, insurance, road calls, accidents/incidents, documentation and reporting. Also include any and all procedures relating to the collection, recording, depositing and reporting of all cash receipts. The implementation schedule shall include all key dates and tasks that Proposer needs to complete prior to the startup date July 1, 2022. SEAMLESS TRANSITION APPROACH It is of utmost importance that the transition period minimizes any negative impact to customers, staff, management and the City of El Monte. First Transit successfully manages service transitions in communities throughout North America. Across North America, First Transit managed 22 successful project transitions in 2019 and 2020. We have the experience and methodologies to manage the transition of this project if we are selected as the successful bidder. Our proven approach is detailed in the following sections and will be customized to the City’s specific service needs and goals. First Transit understands that transitioning to a new provider can be challenging. The transition to a new service provider must be handled with the greatest level of care and detail to minimize any impact to the riding public. We will dedicate all efforts and resources to ensuring the transition to First Transit will be invisible to all customers, with the only noticeable change being an improvement in service. 88 TRANSITION TEAM Key members of First Transit’s support management team, including General Manager, Zack Deukmajian, will begin working on the project four months before the actual start-up of service. Our general manager will lead every step of the transition, including coordination with the City and the other managers to complete tasks and milestones. The general manager and local team will have the support of our west regional management team and corporate support staff. These experienced First Transit team members will be on-site at key points during the transition to offer technical assistance, resolve challenges, and move the project forward. KEY TRANSITION TASKS Working in partnership with the City of El Monte, our successful transition will encompass the following critical tasks, with a particular focus on minimizing impact to the system, passengers and existing employees. COORDINATION WITH THE CITY OF EL MONTE Upon contract award, Region Senior Vice President Fadi Chakbazof, Region Director of Operations Tony Mercado, and our General Manager Zack Deukmajian will meet with the City of El Monte to finalize the transition/start-up plan. This will include designating roles and responsibilities for each transition team member and establishing timelines for completion of tasks. We will also set up a schedule for weekly (or more frequent) meetings with the City of El Monte to monitor progress and resolve challenges throughout the transition period. DEVELOPING FIRST YEAR GOALS AND OBJECTIVES During the start-up period, First Transit and the City of El Monte will clarify service goals, objectives and key performance indicators for the first year of operation. We will unite your goals with our vision and values as the foundation of our operation, both during the transition and throughout the life of the contract. Operational performance measures, including benchmarks for customer service performance, will serve as the basis for El Monte to monitor and evaluate our performance. STAFFING RECRUITMENT AND HIRING Our initial emphasis during transition will be placed on the “onboarding” of current El Monte transit employees and recruiting regionally and nationally for openings in the operations. INCUMBENT STAFF First Transit understands that the existing front-line staff are a valuable asset. As such, an integral part of our plan is to hire the majority of the incumbent workforce. In our experience, we anticipate as many as 90% of the current workforce will choose to accept employment with First Transit. To ensure these employees are confident and comfortable throughout the transition, we will schedule orientation meetings with the incumbent provider’s employees immediately after the award of contract. During these meetings, we will: • Express our desire to hire as many existing employees as possible • Detail the process for making the transition to First Transit • Reassure employees that their existing employment with the outgoing provider will not be threatened by pursuing employment with First Transit • Provide a contact number that employees can call for any questions or concerns that may arise during the transition 89 Throughout the transition, our team will keep lines of communication open with the transitioning workforce, providing updates as needed. NEW EMPLOYEES First Transit will proactively recruit and hire employees to fill any open positions not filled by existing employees. Our human resources team will lead this effort, along with our general manager. The focus will be on recruiting and hiring from within the community. Recruiting efforts will include advertising in local newspapers and web sites that focus on the service area. We focus on finding operator candidates who have strong customer service backgrounds with a clean driving record. Motivated candidates with an aptitude for customer service benefit our team and our service by improving customer relations, thus reducing conflict and other passenger incidents. Our training programs thoroughly equip applicants for successful service delivery and bus operation. First Transit’s Human Resources and Labor Relations team has provided expertise for many recent transitions. Tom Secrest is a labor attorney and First Transit’s vice president of labor relations. He handles negotiation of labor contracts, ongoing labor relations and establishing all human resource programs. TRAINING AND CERTIFICATIONS First Transit will assess existing employees’ skill levels and determine the level of training required. Typically, transitioning employees will have a shorter training period. We will conduct training for existing employees outside of regular working hours so as not to interfere with their current driving assignments. This ensures the City of El Monte continuously has sufficient staff numbers to deliver service throughout the transition. For new hires, training classes will begin as soon as necessary. New hire operators will complete 80 hours of training prior to service to ensure they are fully prepared to perform their roles. Classes will have staggered start times to maximize the use of our training staff. Our local Safety and Training Manager Juan Casillas and the west region safety team will support our transition team with the implementation of First Transit’s training and safety programs, among other processes. PROCESSES AND PROCEDURES During start-up, First Transit’s transition team will establish administrative, safety, training, maintenance, and other processes and procedures, such as: • Payroll • Purchasing/inventory • Employee files, including medical, certifications, and training • Reporting • Insurance • Customer feedback management • Facility security • Accident/incident investigation and documentation FLEET MAINTENANCE VEHICLE TURNOVER INSPECTION Ensuring the City of El Monte’s fleet is in good repair and current with OEM-recommended maintenance recommendations is a major focus of our transition. Upon award of contract, we will schedule an inspection of all City fleet and equipment assets. This will be performed by a third party vendor agreed upon by the City and supervised by First Transit, the City of El Monte, and the outgoing contractor. This inspection will follow a standard form showing all defects and take place 60 to 90 days in advance of contract start. The outgoing service provider will have allotted time to correct any items noted in the inspection. A final inspection will take place by the third-party vendor, noting any remaining defects. First Transit will be compensated by the outgoing contractor at a negotiated rate for all open defects at time of turnover. First Transit will repair all open defects as soon as possible, prior to service start. 90 VEHICLE PROCUREMENT AND ACCEPTANCE A benefit of having a current operation within the El Monte city limits, is our ability to leverage existing assets, procedures and even personnel. In this case, First Transit will use existing support vehicle fleet in El Monte location to support the City’s transit operations. ESTABLISHING THE MAINTENANCE OPERATION Our Maintenance Manager Ben Casillas and Region Director of Maintenance Scott Hansen will implement First Transit’s fleet- specific maintenance plan prior to the start-up of services. First Transit will review the current contractor’s inventory and offer to buy all useful parts, tools, and equipment. We will also review parts usage to ensure a complete inventory the first day of service. First Transit will buy any new equipment necessary to ensure we have all tools needed the first day of service. First Transit’s Senior Vice President of Maintenance Mr. Todd Hawkins will also provide his expertise to transitions. Todd will aid in setting up all maintenance programs and lead the installation of our maintenance information system, FirstBase. A key to the transition will be the corporation of the incumbent during the changeover. Due to the higher-than-average road call historical trend and the age of the vehicles, we ask that any major component failures within the first six (6) months of our operation be reimbursed by the incumbent or the city. We are open to discussing this request during contract negotiations. TRANSITION TIMELINE The draft transition timeline represented in the table below is based on the information provided in the RFP, as well as our experience with similar service transitions. This timeline addresses key tasks and milestones, ensuring no aspect of the service is overlooked during the transition period. A more detailed transition plan will be developed and finalized prior to service start in coordination with the city of El Monte. Please see the Attachments section of this proposal for the required Transition Timeline. AN EXAMPLE OF OUR SUCCESSFUL TRANSITIONS VISALIA TRANSIT (VISALIA, CA) First Transit began operating fixed route (conventional) and demand-response services for the City of Visalia in 2018. The fixed route service operates on 12 routes within the city limits. We assumed responsibility for the operations and maintenance of a fleet of 78 vehicles. The fleet had been left in disrepair by the previous contractor, impacting service reliability and customer satisfaction. Further, we were faced with hiring a team of 140, comprising represented employees – many of whom had been with the previous contractor and the service for several years. First Transit’s region support staff arrived on site 90 days prior to service start to oversee the transition. This team remained on- site for several months following the start of service to support the local team in establishing a stable working environment and address any issues that arose following service start. Our region maintenance staff worked with the maintenance manager to oversee the fleet inspection, transition, and overhaul. This included working with the outgoing contractor to review maintenance records for documentation and to begin scheduled repairs if necessary. All necessary repairs and overdue inspections were performed prior to service start, ensuring the fleet was safe and ready for operation. Our Region HR staff oversaw local recruiting, screening, and hiring efforts. This team worked collaboratively with the local union to hire 125 employees employed by the previous service provider, allowing us to retain significant local and operational knowledge with the service. As a result of our efforts, service began on the first day and with no service interruptions or impact to the ridership. In our 2019 Customer Survey, the City of Visalia agreed “First Transit provides an effective maintenance program to ensure fleet reliability” and that we “provide quality service for passengers.” ACCOUNTING AND REPORTING EXPERIENCE First Transit operates more than 325 contracts on behalf of our customers, most in the public transit industry. We have extensive experience managing accounts that are federally funded and subject to Federal Transit Administration (FTA) reporting requirements. As a result, we are highly proficient with the requirements of the Uniform System of Accounts (USA) and National Transit Database (NTD). Accurate accounting and reporting are another major key to a successful operation. Because of this, 91 we will hire a dedicated administrative assistant to solely focus on the El Monte operation and its critical reporting requirements. Under the oversight of the operations manager, all required reports will be reviewed by multiple sets of eyes to ensure accuracy before submission to the City. First Transit has established a series of reports to satisfy these needs and has developed processes and procedures to verify the integrity of the data being shared. Our Dashboard management information system (MIS) provides us with a wealth of operating data to generate reports. Specific management reporting activities include: • Maintaining an effective MIS capability to assist in our El Monte reporting efforts • Gathering data from various sources • Processing data for use in reports • Measuring operations progress against established goals • Preparing and distributing reports to responsible individuals • Obtaining feedback to explain any variances and actions taken to correct them As mentioned before, accurate, comprehensive reporting is critical to our internal communications, client communications, and federally mandated reporting requirements. Our standard reports, as well as those customized to meet City requirements, will include data gathering, method of data compilation and analysis, and the frequency of each report. FIRST TRANSIT REPORTS First Transit provides a variety of standard and customized reporting options to best meet the City of El Monte’s needs. Below is a sample list of available reports: Passenger Information Data Telephone comments, complaints, commendations, and requests Method PC and database organization Reports Sorted by driver, safety comments, ADA comments, equipment comments, new/expanded services requests, schedule modification requests, customer information (name, address, telephone number, interest area) Notes Supervisors and dispatchers record telephone and written comments on a customer comment sheet for subsequent input to the database Passenger Counts Data Passenger boarding by zip code and trip type Method CTS and Passio software, driver manifests, computer generated report requests Reports Summation submitted with billing FTA National Transit Database Data Service supplied and consumed as measured by passenger miles Method Random selection of vehicle method using form C.2710.2A Reports As required by the FTA Notes We compile this information for transit systems nationwide and will do so for the City’s FTA reporting requirements, if applicable. Daily statistics and financial data will be maintained in our computer systems to ensure that demand-response financial and operating statistics are segregated. This provides an accurate reflection of eligible reimbursable items and expenses. 92 BUSINESS INCLUSION PLAN First Transit is committed to providing disadvantaged companies with opportunities to grow and develop. We actively seek to bring these vendors into our network of suppliers whenever feasible, with the goal of meeting and/or exceeding client thresholds for participation. This approach is mutually beneficial for Disadvantaged Business Enterprises (DBE), our client, and First Transit – as well as the local economy and community. Products and services from a robust DBE supplier base stimulate innovation and provide us with the best resources for our operations. This strengthens the value we bring to our clients and the cost efficiency of our transit operations. Further, our vendors benefit from wider industry exposure and access to First Transit’s best practices and support for their ongoing development. ABOUT OUR PROPOSED DBE PARTNERS First Transit’s plan is to maximize opportunities for participation for DBEs in order to meet the 2% DBE participation goal. We are pleased to propose the participation of the following vendors and/or subcontractors. First Transit commits to diverse companies with opportunities to grow and develop. At many of our California operations, First Transit exceeds the goal set forth by our customers for disadvantaged, small and minority-owned business participation. First Transit was nominated for the California Disability Services Association’s Excellence in Employment Award Program for our commitment to diversity in the workplace, demonstrated by our efforts to expand job opportunities for persons with developmental disabilities in San Diego, CA. Automated Maintenance Record Keeping Data Comprehensive garage and maintenance data requirements including preventive maintenance cycles and completions, vehicle maintenance history items, labor hours, and fluids consumption. Method Proprietary FirstBase maintenance software Reports Monthly summary of collected data Notes FirstBase reports are multi-layered and produce concise, complete data that assists line and management personnel in performing their duties. FirstBase creates required weekly and monthly reports. Transportation and Supervision Records Data Various elements related to service delivery Method CTS computerized reservations and scheduling software Reports Daily Operations Report is the primary summary report Notes Multiple records are generated throughout the day to help control and improve our delivery of service. Categories include dispatch log, communications record and service control information, supervisor reports on service and driver performance, conditions, accidents and incidents, discipline and commendations, and payroll exceptions. This information is summarized by the operations manager and is provided to management in a daily Operations Report. Hard copies of original data are retained for record keeping. Safety and Training Record Data Applicant/candidate files, completed training modules, driver qualification data and certificates, accident reports, retraining certifications, annual safety record evaluation, ongoing open BI/PD claims, and physical damage to buses. Method FirstBase and PC software, or camera system. Reports Monthly summary of collected data Notes Most of this information is retained in driver/employee permanent hard copy records that are managed by the safety and training manager. Accident files will be maintained in the safety department. 93 BLUE GOOSE UNIFORMS (JCM & ASSOCIATES) (DBE COMPANY) For the City of El Monte contract, First Transit will secure the services of Blue Goose Uniforms (JCM & Associates), who is DBE and MBE certified across the country. For over 30 years, they have helped their partners/clients enhance their brand image and identity by providing high quality branded apparel and products; all backed by an unmatched commitment to service and personal care. Blue Goose provides: • Quality products from name brands of all shapes, colors and sizes • Custom uniform programs & program management • State of the art embroidery • Over 30 years' experience and personal service OSCAR’S MOBILE BODY AND DETAIL (DBE COMPANY) We will also utilize Oscar’s Mobile Body and Detail. Oscar’s, a DBE-certified company, has been a staple in the Los Angeles community for over 30 years and specializes in repairing damage to virtually any kind of vehicle. We will outsource any bodywork and damage repair for the El Monte fleet to Oscar’s. TWIN VALET PARKING, INC (DBE/MBE COMPANY) Twin Valet Parking, Inc. Twin Valet Parking is a minority owned company committed to providing professional services through honesty, courtesy, commitment and cooperation. Twin brothers, Ricardo and David Mujica, shared this vision and after hard work in the industry for many years, they co-founded Twin Valet Parking in the year 2000. The City of Los Angeles approved their DBE/MBE status in 2015 which has been kept in good standing since then. Twin Valet Parking will be employed to handle the daily cleaning of our facility as well as the required two times per year vehicle detailing. They are fully licensed and are in conjunction with all rules and regulations regarding waste management in different cities across the region. First Transit is committed to continuing our search for additional qualified vendors to work with moving forward. Our total projected DBE participation, based on the above company participation is 1.63% of the base term revenue. References for all DBE/SBE companies are available upon request. IDENTIFYING AND DEVELOPING DISADVANTAGED BUSINESSES In an effort to identify certified DBEs for participation in the City of El Monte transit services, First Transit posted a Good Faith Effort advertisement on the DBE Good Faith Effort Site (https://www.dbegoodfaith.com/). Our advertisement was then posted on Twitter, LinkedIn, Focus Journal, Trade Journal, and other relevant media. We have included our ad posting as supporting material for our Appendix 1 DBE forms, to be found in the Attachments section of this proposal. First Transit will facilitate or provide resources, training, and other support services for our DBE partners to support their ongoing development throughout the contract term. This includes a quarterly quality and customer service audit to confirm our joint success in the provision of fixed route and paratransit/Dial-A-Ride services. The result is the City’s assurance that our firms will collectively meet your requirements for this contract. Further, First Transit recognizes that our inclusion of disadvantaged business partners in the El Monte transit operation also requires an ongoing commitment to explore new and expanding opportunities for DBE participation, beyond the initial procurement process. DBE Liaison First Transit’s commitment to developing disadvantaged businesses is demonstrated through our dedicated DBE liaison, Ms. Sally Stewart-McKinnie. Sally oversees First Transit’s DBE program and conducts all DBE and related outreach efforts for First Transit. This includes: • Hosting outreach and networking events to increase First Transit's DBE network • Providing vendors with all project-related materials and information • Assisting vendors with the completion and submission of all required forms and required documentation 94 EXPERIENCE WITH DISADVANTAGED BUSINESS INCLUSION Including disadvantaged business partners has always been – and will always be – part of First Transit’s commitment to the communities we serve. We are proud of our past and current success with meeting client DBE participation goals and developing DBE partners across the Country. • At our paratransit contract for the Metropolitan Transit Authority of Harris County (METRO) in Houston, TX, we have consistently exceeded METRO’s diverse business goal throughout our current contract term. We currently achieve 19.8% participation, far exceeding the client’s goal of 10.9%. Our primary DBE partners include a recruiting and hiring firm, auto body shops, and vehicle suppliers. • We also consistently exceed diverse business inclusion goals at our paratransit operation for the Maryland Transit Authority (MTA) in Baltimore, MD. Here, First Transit is achieving 18.8% participation, exceeding our client’s goal of 17%. Key partners include transportation providers, fuel, staffing agencies, parts suppliers, and background check companies. • First Transit has consistently exceeded the 5% DBE requirement at each of our contracts for our fixed route contract for the Regional Transportation District (RTD) in Denver, CO. Participating DBEs in this contract include staffing agencies, drug and alcohol testing companies, vehicle repair services, cleaning, and janitorial services. • REM Services, Inc., a Houston-based staffing firm, was founded in 2017. Today, we partner with REM in many locations nationwide, including Houston, TX, Orange County, CA, Phoenix, AZ, and Chicago, IL. REM performs recruiting, hiring, and staffing services using its community-based contacts with local organizations to attract a diverse workforce of dedicated and qualified employees. COST PROPOSAL FORM All Proposers must complete Forms 1A through 1E, Cost Proposals (Attached). The monthly cost for each year of the contract should be used to create an annual cost for each service. Please refer to the Attachments section of this proposal for the completed Cost Proposal Forms 1A through 1E. LIST OF REFERENCES Proposer shall list five (5) current or former clients for whom similar or comparable services have been performed. Include the name, mailing address and telephone number of the principal contact person for the contract. Also include the dates of service, description and location of the facilities serviced and a description of the services provided. Proposer shall also provide a list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years (including expired contracts). Proposer shall provide the name of the service operated, type of service, contracting agency name and years operated. CITY OF ROSEMEAD (CA) First Transit has operated the City of Rosemead, California, paratransit system since April 2020. Led by Zack Deukmajian from our El Monte location, the Rosemead system serves the Rosemead community by offering Dial-A-Ride service to destinations within five miles of the city limits seven days a week. Rosemead Transit consists of seven vehicles total, and nine employees. First Transit and the city have formed an excellent working relationship. In our 2021 customer survey, we scored a 10 out of 10 in overall satisfaction, with one City of Rosemead respondent saying they were “Completely happy. [This is the ] best decision [we’ve] made.” “There is not a single think I can think of that would improve how well we have been served by Zack and the gang.” —City of Rosemead Feedback (2021 Customer Survey) 95 City of Rosemead Dates of Service April 2020 – Present Description and Location of Facilities The City of Rosemead operates at First Transit’s 4337 Rowland Avenue facility in El Monte, CA, less than two miles from the El Monte Trolley Station. This facility is equipped with 56,000 square feet for vehicle storage, a 2,000 square foot maintenance space, and over 1,200 square feet of office space. For more information on this facility, please see this proposal’s Facility/ Fueling Description. Service Type Paratransit Contact Chris Daste, Director of Public Works 8838 East Valley Blvd., Rosemead, CA 91770 cdaste@cityofrosemead.org; 626-569-2103 CITY OF MONTEREY PARK (CA) First Transit has operated the City of Monterey Park Spirit Bus since July 2015, when we won the business from MV Transportation. This fixed route system consists of 20 buses (nine of which are fueled by CNG) and five local routes. It is also run out of our El Monte location First Transit won the Monterey Park contract again in 2019. In our 2021 customer survey, the city scored First Transit a 9 out of 10 in overall satisfaction, with general manager Zack Deukmajian getting special praise. We are proud of our ongoing service to Monterey Park. “General Manager Zack Deukmajian showed leadership during COVID-19 and working with the City in response to COVID-19.” —City of Monterey Park Feedback (2021 Customer Survey) City of Monterey Park Dates of Service July 2015 – Present Description and Location of Facilities The City of Monterey Park operates at First Transit’s 4337 Rowland Avenue facility in El Monte, CA, less than two miles from the El Monte Trolley Station. This facility is equipped with 56,000 square feet for vehicle storage, a 2,000 square foot maintenance space, and over 1,200 square feet of office space. For more information on this facility, please see this proposal’s Facility/ Fueling Description. Service Type Fixed Route Contact Bonnie Tram, Transportation Manager 320 West Newmark Ave, Monterey Park, CA 91754 USA btam@montereypark.ca.gov; 626-307-1458 CITY OF PASADENA (CA) First Transit has operated the City of Pasadena fixed route community circulator and DAR service since July 2001. The DAR service is a curb-to-curb service that provides transportation to people that live in the service area that are at least 60 years old or eligible for a LACTOA Disabled Reduced Fare. The service operates out of a First Transit location at 303 N. Allen Ave., Pasadena, CA. It consists of 36 vehicles and 86 employees. First Transit won renewals for the Pasadena contract in 2009, 2014, and May 2021. In our 2021 Customer Survey, the City of Pasadena rated First Transit a 10 out of 10 in overall satisfaction and a 10 out of 10 in likelihood to recommend. “First Transit consistently demonstrates a commitment to cultivating an inclusive and diverse culture, and that they always have the community’s best interests in mind.” —City of Pasadena Feedback (2021 Customer Survey) 96 City of Pasadena Dates of Service July 2001 – Present Description and Location of Facilities Located at 303 North Allen Avenue in Pasadena, this facility has a 27-vehicle storage capacity, two maintenance bays, one set of lifts, and one hand-wash bay. This operation also makes use of two other locations for the purposes of vehicle storage: 2140 East Walnut Street in Pasadena, which has a 12-vehicle capacity, and 768 West Woodbury Road in Altadena, with a 7-vehicle capacity. Service Fixed Route and Paratransit Contact Valerie Gibson, Transit Manager 303 North Allen Ave., Pasadena, CA 91106 vgibson@cityofpasadena.net; 626-744-4055 CITY OF ALHAMBRA (CA) First Transit has operated the City of Alhambra’s fixed route and paratransit services since August 2019. The service operates out of First Transit’s location at 4337 Rowland Ave. in El Monte, CA and consists of 17 vehicles and 19 employees. City of Alhambra Dates of Service August 2019 – Present Description and Location of Facilities The City of Alhambra operates at First Transit’s 4337 Rowland Avenue facility in El Monte, CA, less than two miles from the El Monte Trolley Station. This facility is equipped with 56,000 square feet for vehicle storage, a 2,000 square foot maintenance space, and over 1,200 square feet of office space. For more information on this facility, please see this proposal’s Facility/ Fueling Description. Service Fixed Route and Paratransit Contact Martin Ray, Director of Public Works & Utilities 111 S First St., Alhambra, CA 91801 mray@cityofalhambra.org; 626-570-3278 POMONA VALLEY TRANSPORTATION AUTHORITY (LAVERNE, CA) First Transit has operated the Pomona Valley Transportation Authority paratransit service since January 2014. Located at 1027 Brooks St. in Ontario, CA, this operation consists of a fleet of 26 vehicles and 30 employees. First Transit won a renewal for the Pomona Valley contract in 2020, after the client opted to exercise options to extend the original 2014 contract, in order to continue working with First Transit. In addition, in our 2021 Customer Survey, Pomona Valley rated First Transit a 10 out of 10 for both maintenance and safety, noting that these rates stayed consistent, even throughout the pandemic. “On-time performance, maintenance, and safety are real strong points with First Transit.” —Pomona Valley Transportation Authority (2021 Customer Survey) Pomona Valley Transportation Authority Dates of Service January 2014 – Present Description and Location of Facilities Located at 1027 Brooks St. in Ontario, CA within five miles of the PVTA service area, this facility measures 16,377 square feet, and is where all PVTA vehicles are maintained and stored. It has capacity for approximately 30 vehicles, and contains two maintenance bays, as well as ample space for dispatch and offices. Service Paratransit Contact George Sparks, Administrator 2120 Foothill Boulevard, Ste. 116, Laverne, CA 91750 glspvta@gmail.com; 909-596-7664 97 CENTRAL CONTRA COASTAL TRANSIT AUTHORITY (CCTA) Central Contra Coastal Transit Authority (CCTA) Dates of Service 7/1/1990 – 6/30/2019 Contact Ruby Horta, Director of Planning 2477 Arnold Industrial Way, Concord, CA 94520 horta@cccta.com; 925-676-1976 Service Type Paratransit CLIENT LIST We have provided in the Attachments section of this proposal the required list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years. CLIENT SATISFACTION Day in and day out, our focus is on delivering exceptional customer service to our riders and communities. We are confident in our ability to achieve this goal and exceed the City of El Monte’s expectations through our professional and ethical business practices. Each year, we ask every First Transit client in our East, Central and West regions to tell us how satisfied they are with the services we provide. Some of our evaluations use the following statements: • Likelihood to recommend First Transit • Overall satisfaction of Local Management • First Transit provides quality service for passengers • First Transit puts safety at the front of their mind • First Transit’s training program is effective at preparing drivers for service We strive to provide safe, reliable, cost-effective service to riders, communities, and you, our client. The below chart illustrates our customer ratings in our most recent survey. 98 We regularly seek out client feedback and especially on our customer survey we look for areas we can improve any relationship. Below are some samples of some recent customer survey feedback: “Our Local Management team is extremely responsive, professional, reliable and communicative. Built on the trust they have earned and consistently reinforce with transparency and dedication to excellence, the overall working relationship they have with us is extremely strong.” —City of Pasadena Customer Feedback “First Transit has been a partner for over twenty years and has done an excellent job.” —Houston METRO Customer Feedback ”I believe the staff truly enjoy what they do, and they really take pride in helping the public. I am proud of them for doing what they do every day, regardless of the weather, even in a global pandemic.” —New York State Department of Transportation Customer Feedback “We all work very well together as a team in whole. I am very satisfied with the local First Transit team.” —Lorain County Customer Feedback “First Transit provides the partnership we ask for: professional, accountable, collaborative and committed to providing quality services to our clients.” —Multinomah County Customer Feedback “Your local core management team has been very knowledgeable and responsive to the needs of the service and our customers. The three GMs assigned to the project have all been top notch and accommodating in meeting our service requirements.” —San Mateo County Customer Feedback 9.1 9.1 9.3 9.2 9.4 9.4 9.3 9.5 9.3 9.6 9.3 9.4 8.8 8.9 9 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Scored from 1-102021 Customer Survey Feedback 99 Redacted due to Proprietary or Confidential Information (PDF Pg. 106) 100 PERFORMANCE BOND The Proposer shall deliver to the City, at the time of or prior to the execution of the Agreement, a Performance Bond issued by a surety company authorized to do business in the State of California in the amount of $150,000 and approved by the City’s Risk Management Department. Said bond shall be conditioned upon the full and faithful performance by the Proposer of each covenant, promise, term, condition, undertaking set forth in the Agreement. The Performance Bond is attached and incorporated hereto this RFP (See Form 4). First Transit agrees to deliver said Performance Bond at the time of or prior to execution of the Agreement, per the requirements of this RFP. In order to demonstrate capability of obtaining this Performance Bond, First Transit has included a Letter of Surety in the Attachments section of this proposal. VERBAL AGREEMENT OR CONVERSATION No prior or current verbal conversations or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. First Transit understands and agrees to the Verbal Agreement or Conversation requirements of this RFP. No prior or current verbal conversations or agreements with any representative of the City shall affect the terms of this RFP, or any resulting contract. ATTACHMENTSAttachments 101 ATTAC HMENTS ATTACHMENT 1 • Cost Proposal Forms 1A through 1E ATTACHMENT 2 • Proposal Letter/ Certificate of Acceptance ATTACHMENT 3 • Proposal Check Sheet ATTACHMENT 4 • Performance Bond Form ATTACHMENT 5 • Certification Regarding Lobbying ATTACHMENT 6 • False Claims/ False Claims Act Certification ATTACHMENT 7 • Civil Litigation History/ Civil Litigation Certification ATTACHMENT 8 • State of California Drug Free Workplace Certification ATTACHMENT 9 • Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters ATTACHMENT 10 • Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members ATTACHMENT 11 • Appendix 1 - DBE Forms A-C and Good Faith Effort ATTACHMENT 12 • Appendix 2 – Federal Contract Clauses 102 ATTACHMENT 13 • This attachment intentionally left blank ATTACHMENT 14 • Letter of Surety for the Performance Bond • Certificate of Insurance ATTACHMENT 15 • Proposed Management Team Resumes ATTACHMENT 16 • Transition Timeline ATTACHMENT 17 • Client List ATTACHMENT 18 • Driver Training Manual • First Transit Employee Manual • Safety Program • FTA Drug and Alcohol Policy ATTACHMENT 19 • Accident Reporting Procedures • Management Report 1ATTACHMENT 1 ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc.2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll 560,958$ 581,910$ 603,421$ 628,843$ 653,706$ 680,245$ 706,505$ 732,765$ Driver Benefits & Payroll Expenses 261,586$ 272,704$ 286,076$ 300,004$ 313,643$ 329,325$ 344,929$ 359,894$ Other Operations Staff Payroll 136,285$ 139,964$ 143,743$ 147,625$ 151,610$ 155,704$ 159,908$ 164,225$ Other Operations Staff Benefits & Payroll Expenses 53,299$ 55,675$ 58,025$ 60,481$ 63,048$ 65,729$ 68,531$ 71,460$ Driver Training Payroll 36,725$ 21,984$ 18,106$ 17,934$ 17,826$ 18,081$ 17,825$ 17,813$ Driver Training Benefits & Payroll Expenses 12,505$ 7,370$ 6,130$ 6,080$ 6,067$ 6,163$ 6,100$ 6,132$ Supplies 9,391$ 9,924$ 10,507$ 10,840$ 11,336$ 11,440$ 11,745$ 12,432$ Vehicle Costs - Maintenance 251,423$ 263,363$ 273,513$ 283,044$ 295,074$ 301,377$ 311,021$ 326,425$ Fuel to be provided by the City at the City's expense Communications Equipment 1,080$ 1,107$ 1,135$ 1,163$ 1,192$ 1,222$ 1,252$ 1,284$ Miscellaneous Operations Costs 10,798$ 12,474$ 12,391$ 12,701$ 13,018$ 13,344$ 13,677$ 13,796$ TOTAL OPERATIONS EXPENSES 1,334,050$ 1,366,475$ 1,413,047$ 1,468,715$ 1,526,520$ 1,582,630$ 1,641,493$ 1,706,226$ OTHER COSTS $$$$$$$$ Administration/Management Payroll 89,600$ 91,877$ 94,212$ 96,606$ 99,061$ 101,579$ 104,161$ 106,809$ Administration/Management Benefits & Payroll Expenses 23,658$ 24,601$ 25,533$ 26,504$ 27,516$ 28,572$ 29,672$ 30,819$ Insurance 97,608$ 100,514$ 103,812$ 107,283$ 110,878$ 114,608$ 118,458$ 122,450$ Facility Rent 13,102$ 13,429$ 13,765$ 14,109$ 14,462$ 14,823$ 15,194$ 15,574$ Utilities 24,999$ 25,624$ 26,264$ 26,921$ 27,594$ 28,284$ 28,991$ 29,715$ Other/Overhead Costs 136,363$ 139,367$ 158,488$ 162,740$ 167,278$ 143,837$ 148,502$ 146,723$ Profit/Fee 71,641$ 73,412$ 76,463$ 79,287$ 82,221$ 83,931$ 86,936$ 89,930$ TOTAL OTHER COSTS 456,971$ 468,824$ 498,537$ 513,450$ 529,010$ 515,634$ 531,914$ 542,020$ TOTAL ANNUAL COST 1,791,021$ 1,835,299$ 1,911,584$ 1,982,165$ 2,055,530$ 2,098,264$ 2,173,407$ 2,248,246$ Vehicle Revenue Hours (projected)21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ PROPOSED COST PER VEHICLE REVENUE HOUR 84.06$ 86.14$ 89.72$ 93.03$ 96.47$ 98.48$ 102.00$ 105.52$ Form 1-A: COST PROPOSAL - Fixed Route Only (hourly) ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc.2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll 143,219$ 149,500$ 153,849$ 159,301$ 164,685$ 170,138$ 176,212$ 182,493$ Driver Benefits & Payroll Expenses 90,431$ 90,807$ 94,341$ 99,168$ 103,067$ 107,585$ 112,625$ 117,306$ Other Operations Staff Payroll 136,285$ 139,964$ 143,743$ 147,625$ 151,610$ 155,704$ 159,908$ 164,225$ Other Operations Staff Benefits & Payroll Expenses 53,299$ 55,675$ 58,025$ 60,481$ 63,048$ 65,729$ 68,531$ 71,460$ Driver Training Payroll 1,411$ 5,167$ 4,611$ 5,003$ 4,790$ 5,033$ 5,092$ 5,078$ Driver Training Benefits & Payroll Expenses 593$ 2,059$ 1,866$ 2,028$ 1,963$ 2,076$ 2,111$ 2,122$ Supplies 2,303$ 2,398$ 2,687$ 2,759$ 2,865$ 2,966$ 3,063$ 3,152$ Vehicle Costs - Maintenance 173,241$ 178,985$ 184,703$ 190,339$ 196,556$ 202,777$ 209,307$ 215,816$ Vehicle Costs - Fuel 26,877$ 27,952$ 29,129$ 30,294$ 31,506$ 32,766$ 34,077$ 35,440$ Communications Equipment 960$ 984$ 1,009$ 1,034$ 1,060$ 1,086$ 1,113$ 1,141$ Miscellaneous Operations Costs 6,966$ 8,870$ 9,092$ 9,319$ 9,552$ 9,791$ 10,036$ 10,287$ TOTAL OPERATIONS EXPENSES 635,585$ 662,361$ 683,055$ 707,351$ 730,702$ 755,651$ 782,075$ 808,520$ OTHER COSTS $$$$$$$$ Administration/Management Payroll 89,600$ 91,877$ 94,212$ 96,606$ 99,061$ 101,579$ 104,161$ 106,809$ Administration/Management Benefits & Payroll Expenses 23,658$ 24,601$ 25,533$ 26,504$ 27,516$ 28,572$ 29,672$ 30,819$ Insurance 68,160$ 70,256$ 72,478$ 74,716$ 77,026$ 79,411$ 81,875$ 84,419$ Facility Rent 13,102$ 13,429$ 13,765$ 14,109$ 14,462$ 14,823$ 15,194$ 15,574$ Utilities 24,999$ 25,624$ 26,264$ 26,921$ 27,594$ 28,284$ 28,991$ 29,715$ Other/Overhead Costs 102,300$ 104,996$ 123,107$ 126,065$ 129,220$ 112,596$ 115,969$ 112,599$ Profit/Fee 39,892$ 41,381$ 43,267$ 44,678$ 46,066$ 46,705$ 48,247$ 49,519$ TOTAL OTHER COSTS 361,711$ 372,164$ 398,626$ 409,599$ 420,945$ 411,970$ 424,109$ 429,454$ TOTAL ANNUAL COST 997,296$ 1,034,525$ 1,081,681$ 1,116,950$ 1,151,647$ 1,167,621$ 1,206,184$ 1,237,974$ Vehicle Revenue Hours (projected)4,927 4,927 4,927 4,927 4,927 4,927 4,927 4,927 PROPOSED COST PER VEHICLE REVENUE HOUR 202.41$ 209.97$ 219.54$ 226.70$ 233.74$ 236.98$ 244.81$ 251.26$ Form 1-B: COST PROPOSAL - DAR/Para Only (hourly) ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc.2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll 565,148$ 586,058$ 607,534$ 633,813$ 659,245$ 686,937$ 713,499$ 740,343$ Driver Benefits & Payroll Expenses 242,330$ 254,059$ 266,587$ 279,696$ 292,386$ 307,392$ 322,046$ 336,121$ Other Operations Staff Payroll 129,536$ 133,034$ 136,625$ 140,314$ 144,103$ 147,994$ 151,989$ 156,093$ Other Operations Staff Benefits & Payroll Expenses 50,841$ 53,107$ 55,350$ 57,693$ 60,141$ 62,700$ 65,373$ 68,167$ Driver Training Payroll 39,057$ 21,025$ 17,315$ 16,964$ 16,866$ 17,134$ 16,791$ 16,756$ Driver Training Benefits & Payroll Expenses 12,486$ 6,642$ 5,523$ 5,416$ 5,403$ 5,491$ 5,403$ 5,420$ Supplies 9,097$ 9,584$ 10,106$ 10,419$ 10,885$ 11,028$ 11,338$ 11,943$ Vehicle Costs - Maintenance 193,992$ 204,466$ 215,028$ 222,330$ 234,434$ 237,018$ 241,682$ 254,168$ Fuel to be provided by the City at the City's expense Communications Equipment 1,462$ 1,499$ 1,536$ 1,574$ 1,614$ 1,654$ 1,695$ 1,738$ Miscellaneous Operations Costs 9,818$ 10,944$ 11,057$ 11,169$ 11,449$ 11,735$ 11,851$ 12,147$ TOTAL OPERATIONS EXPENSES 1,253,767$ 1,280,418$ 1,326,661$ 1,379,388$ 1,436,526$ 1,489,083$ 1,541,667$ 1,602,896$ OTHER COSTS $$$$$$$$ Administration/Management Payroll 72,773$ 74,622$ 76,519$ 78,463$ 80,457$ 82,502$ 84,600$ 86,750$ Administration/Management Benefits & Payroll Expenses 19,215$ 19,981$ 20,738$ 21,527$ 22,349$ 23,206$ 24,100$ 25,031$ Insurance 88,662$ 91,273$ 94,334$ 97,557$ 100,902$ 104,376$ 107,961$ 111,683$ Facility Rent 10,437$ 10,698$ 10,965$ 11,239$ 11,520$ 11,808$ 12,103$ 12,406$ Utilities 19,914$ 20,412$ 20,922$ 21,445$ 21,981$ 22,531$ 23,094$ 23,671$ Other/Overhead Costs 137,669$ 140,513$ 156,826$ 161,047$ 165,627$ 144,894$ 149,607$ 149,014$ Profit/Fee 66,772$ 68,244$ 71,123$ 73,779$ 76,638$ 78,268$ 80,968$ 83,812$ TOTAL OTHER COSTS 415,442$ 425,743$ 451,427$ 465,057$ 479,474$ 467,585$ 482,433$ 492,367$ TOTAL ANNUAL COST 1,669,209$ 1,706,161$ 1,778,088$ 1,844,445$ 1,916,000$ 1,956,668$ 2,024,100$ 2,095,263$ Vehicle Revenue Hours (projected)21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ 21,307$ PROPOSED COST PER VEHICLE REVENUE HOUR 78.34$ 80.08$ 83.45$ 86.57$ 89.92$ 91.83$ 95.00$ 98.34$ Form 1-C: COST PROPOSAL - Fixed Route Combined (hourly) ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc.2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll 130,676$ 135,511$ 140,476$ 146,553$ 152,433$ 158,836$ 164,978$ 171,185$ Driver Benefits & Payroll Expenses 56,033$ 58,744$ 61,641$ 64,672$ 67,607$ 71,076$ 74,465$ 77,719$ Other Operations Staff Payroll 29,952$ 30,761$ 31,591$ 32,444$ 33,320$ 34,220$ 35,144$ 36,092$ Other Operations Staff Benefits & Payroll Expenses 11,756$ 12,280$ 12,798$ 13,340$ 13,906$ 14,498$ 15,116$ 15,762$ Driver Training Payroll 9,031$ 4,862$ 4,004$ 3,922$ 3,900$ 3,962$ 3,883$ 3,874$ Driver Training Benefits & Payroll Expenses 2,887$ 1,536$ 1,277$ 1,252$ 1,249$ 1,270$ 1,249$ 1,253$ Supplies 2,323$ 2,447$ 2,581$ 2,660$ 2,779$ 2,816$ 2,895$ 3,050$ Vehicle Costs - Maintenance 70,482$ 72,926$ 73,523$ 76,541$ 77,687$ 82,456$ 88,620$ 92,535$ Vehicle Costs - Fuel 27,079$ 27,949$ 29,030$ 30,180$ 31,379$ 32,631$ 33,925$ 35,275$ Communications Equipment 338$ 346$ 355$ 364$ 373$ 382$ 392$ 402$ Miscellaneous Operations Costs 2,270$ 2,531$ 2,557$ 2,583$ 2,647$ 2,713$ 2,740$ 2,809$ TOTAL OPERATIONS EXPENSES 342,827$ 349,893$ 359,833$ 374,511$ 387,280$ 404,860$ 423,407$ 439,956$ OTHER COSTS $$$$$$$$ Administration/Management Payroll 16,827$ 17,254$ 17,693$ 18,143$ 18,604$ 19,077$ 19,561$ 20,059$ Administration/Management Benefits & Payroll Expenses 4,443$ 4,620$ 4,795$ 4,977$ 5,168$ 5,366$ 5,572$ 5,788$ Insurance 22,638$ 23,305$ 24,087$ 24,910$ 25,764$ 26,651$ 27,566$ 28,517$ Facility Rent 2,665$ 2,731$ 2,800$ 2,870$ 2,942$ 3,015$ 3,090$ 3,168$ Utilities 5,085$ 5,212$ 5,342$ 5,476$ 5,613$ 5,753$ 5,897$ 6,044$ Other/Overhead Costs 42,961$ 43,905$ 47,970$ 49,247$ 50,614$ 46,453$ 47,866$ 48,061$ Profit/Fee 18,223$ 18,625$ 19,272$ 20,004$ 20,668$ 21,297$ 22,202$ 22,982$ TOTAL OTHER COSTS 112,842$ 115,652$ 121,959$ 125,627$ 129,373$ 127,612$ 131,754$ 134,619$ TOTAL ANNUAL COST 455,669$ 465,545$ 481,792$ 500,138$ 516,653$ 532,472$ 555,161$ 574,575$ Vehicle Revenue Hours (projected)4,927$ 4,927$ 4,927$ 4,927$ 4,927$ 4,927$ 4,927$ 4,927$ PROPOSED COST PER VEHICLE REVENUE HOUR 92.48$ 94.49$ 97.79$ 101.51$ 104.86$ 108.07$ 112.68$ 116.62$ Form 1-D: COST PROPOSAL - DAR/Para Combined (hourly) ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc.2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Not bid by First Transit YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $$$$$$$$ Driver Benefits & Payroll Expenses $$$$$$$$ Other Operations Staff Payroll $$$$$$$$ Other Operations Staff Benefits & Payroll Expenses $$$$$$$$ Driver Training Payroll $$$$$$$$ Driver Training Benefits & Payroll Expenses $$$$$$$$ Supplies $$$$$$$$ Vehicle Costs - Maintenance $$$$$$$$ Vehicle Costs - Fuel $$$$$$$$ Communications Equipment $$$$$$$$ Miscellaneous Operations Costs $$$$$$$$ TOTAL OPERATIONS EXPENSES $$$$$$$$ OTHER COSTS $$$$$$$$ Administration/Management Payroll $$$$$$$$ Administration/Management Benefits & Payroll Expenses $$$$$$$$ Insurance $$$$$$$$ Facility Rent $$$$$$$$ Utilities $$$$$$$$ Other/Overhead Costs $$$$$$$$ Profit/Fee $$$$$$$$ TOTAL OTHER COSTS $$$$$$$$ TOTAL ANNUAL COST $$$$$$$$ Number of Trips (projected)XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX Proposed Number of Trips - Dedicated Service Proposed Number of Trips - Non- Dedicated Service Proposed Cost Per Trip - DEDICATED $$$$$$$$ Proposed Cost Per Trip - NON- DEDICATED $$$$$$$$ PROPOSED AVERAGE COST PER TRIP $$$$$$$$ Form 1-E: COST PROPOSAL - DAR/Para Per Trip (Optional) 2ATTACHMENT 2 3ATTACHMENT 3 FORM 3 Proposal Check Sheet Explain in detail any NO answers. Attach additional pages to the form if necessary. General Requirements Have you completed and enclosed the Cost Proposal (Form 1)? Yes No Have you completed and enclosed the Proposal Letter (Form 2)? Yes No Have you completed and enclosed the Proposal Check Sheet (Form 3)? Yes No Have you enclosed all required Attachments, Forms, etc.? Yes No Have you enclosed at least three current client references? Yes No Have you enclosed at least one previous client reference? Yes No Have you included your Certification Regarding Lobbying? Yes No Have you included your False Claims Act Certification? Yes No Have you included your Civil Litigation Certification? Yes No Have you included your DBE Certifications, if applicable? Yes No Does your company currently possess a business license for the City of El Monte? Yes No Does your company currently provide transportation service to El Monte Residents? Yes No Does your company have previous experience in providing transportation service to El Monte resident? Yes No Operations Facility Is your operations facility located in the El Monte service area? Yes No Have you provided the address and complete description of your proposed operations facility? Yes No Have you provided a list of all other operations provided from the proposed operations facility? Yes No Recruiting & Training Do all of your drivers receive 80 hours of classroom instruction and operation training? Yes No Does your company employ a full-time training staff? Yes No Does your company employ a full-time driver recruiter? Yes No Page 2 of 3 Does your company participate in the California DMV Employer Testing Program? Yes No Do all of your drivers receive at least 12 hours of annual refresher training? Yes No Does your company currently employ El Monte resident? Yes No Safety Have you included a copy of your company’s safety plan? Yes No Does your company employ trained accident investigators? Yes No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? Yes No Does your company provide at least $10,000,000 General Liability coverage? Yes No Does your company provided $1,000,000 Workers Compensations coverage to all employees? Yes No Billing & Reporting Does your company use auditing procedures to ensure the accuracy of fare collection and billing? Yes No Are audit procedures fully described in your proposal? Yes No Project Staffing Have you identified the Project Manager in your proposal and provided a complete description of his/her experience and qualifications? Yes No Have you identified and described the experience and qualifications of all backup personnel and other supervisors that will provide service to the City? Yes No Have you included a detailed organization chart which shows the number of all staff (including drivers, dispatchers and receptionist) providing service to the city? Yes No Have you identified your maintenance manager and/or road supervisor and clearly described his/her experience and qualifications? Yes No Have you included wage and benefit information for vehicle maintenance staff and/or road supervisors? Yes No Have you identified the number and experience of vehicle mechanics? Yes No Have you provided a Manpower Analysis? Yes No Does the Manpower Analysis clearly identify the other commitments/projects that staff members are required to complete? Yes No Page 3 of 3 Other Does your company survey its customers for satisfaction/needs ratings? Yes No Have you provided copies of survey results and sample surveys in your proposal? Yes No Have you included copies of your safety policy, Drug and Alcohol testing policy, accident reporting forms, management reports and all other relevant documents? Yes No More extensive survey results and samples available upon request. 4ATTACHMENT 4 FORM 4 PERFORMANCE BOND We, ____________ of _______________, _________________ (principal), as principal, and _______________ assurance corporation, limited, with its chief office in the City of _________, _________ (surety), as surety, are held and firmly bound to the City of El Monte (obligee) in the penal sum of one hundred and fifty thousand dollars ($150,000), which sum is agreed to be the maximum liability here, lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us here bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The principal has entered into a certain contract in writing, bearing date ______, 2022, with the obligee for the providing comprehensive local transit service for the City of El Monte, beginning ____________ , 2022 and ending _____________, 2027, a copy of the RFP and Agreement is attached and is referred to and made a part hereof. The surety, for value received, agrees that no change to the terms of the contract, or to the work to be performed under it or the other documents accompanying it, shall in any way affect its obligation on this bond, and it waives notice of any such change to the terms of the contract of the work, or to the other documents. Consequently, if the above bound principal performs the work contracted to be done under the contract, performs all of the terms of the contract upon its or [his or her] part to be performed, then this obligation to be void, otherwise to remain in full force. No right of action shall accrue under this bond to or for the use of any person other than the obligee named here. Signed and sealed on [date]. _________________, Principal By __________, its _________ ___________, Surety By _______________, Attorney-in-Fact [Corporate Seal] [Acknowledgments, etc.] First Transit certifies that in the case of award of proposal, it can provide a Performance Bond per the requirements of this RFP. To see First Transit's Letter of Surety confirming its ability to obtain said Performance Bond, please see the Attachments section of this proposal. 5ATTACHMENT 5 6ATTACHMENT 6 7ATTACHMENT 7 8ATTACHMENT 8 9ATTACHMENT 9 10ATTACHMENT 10 11ATTACHMENT 11 11 RFP FORM A – BIDDERS LIST Proposer RFP Number The U.S. Department of Transportation (DOT) requires CITY to create and maintain a Bidders List containing information about all firms (DBEs and non-DBEs) that bid, propose, or quote on CITY’s DOT-assisted contracts in accordance with 49 C.F.R., Part 26.11. The “Bidders List” is intended to be a count of all firms that are participating, or attempting to participate, on DOT-assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract. The Proposer is to complete all requested information for every firm that submitted a bid, proposal, or quote, including the Proposer itself and any proposed subconsultants. The Bidders List form shall be submitted with each proposal submitted by the Proposer to CITY and for all bids, proposals, or quotes received by the Proposer for the pre- construction phase of this Project. Please note that CITY will request that this form be executed again if Proposer is awarded construction work on the Project as new subcontractors will then need to be identified. s. The Bidders List content will not be considered in evaluating the proposal or determining award of any contract. 1.0 Proposer’s Information Name of Prime’s Firm: Phone: ( ) Firm Address: Email Address: Type of work/services/materials provided: City ST ZIP Number of years in business: Contact Person: Title: Is the firm currently certified as a DBE under 49 C.F.R., Part 26? Yes No Check the box below for your firm’s annual gross receipts last year: Proposer has DBE Certification in the following categories (place an “X”): Black American Asian Pacific American Native American Women Hispanic American Subcontinent Asian American Other Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million First Transit, Inc.949 400 600 Vine Street Suite 1400 rashidi.barnes@firstgroup.com Cincinnati OH 45202 Transportation services 66 Years Rashidi Barnes Director of Business Development X N/A X - 4839 August 30, 2021 Metro File #7197 Mr. Martin Gombert Mobility Advancement Group 2202 Pinecrest Drive Altadena, CA 91001 Subject: Small Business Enterprise Certification Dear Mr. Martin Gombert: We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Small Business Enterprise (SBE) as required under Metro's SBE Program. Your firm will be listed in Metro's SBE database of certified SBEs under the following specific areas of expertise: NAICS 541613: MARKETING CONSULTING SERVICES NAICS 541910: MARKETING RESEARCH AND PUBLIC OPINION POLLING NAICS 561611: INVESTIGATION SERVICES Your SBE certification is valid for five years from the date of this letter and applies only for the above NAICS code(s). Any additions and revisions must be submitted to Metro for review and approval. In order to ensure your continuing SBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your SBE status remains current. If there are changes, Metro will review to determine continued SBE eligibility. Please note, your SBE status remains in effect unless Metro notifies you otherwise. After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date. Also, should any changes occur that could affect your certification status prior to receipt of the annual update application, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your SBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records, and documents by Metro. Congratulations, and thank you for your interest in Metro's SBE Program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net. Sincerely, Shirley Wong Principal Certification Officer Diversity & Economic Opportunity Department 2/8/21, 4(31 PMSupplier Profile Page 1 of 1https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile-print.html Certification Type Status From To SB(Micro)Approved 05/03/2019 05/31/2022 Printed on: 2/8/2021 4:30:00 PM To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services Certification ID: 42007 Legal Business Name: TWIN VALET PARKING INC Doing Business As (DBA) Name 1: TWIN VALET PARKING INC Doing Business As (DBA) Name 2: Address: 1309 WEST MAGNOLIA BLVD BURBANK CA 91506 Email Address: davidm@twinvalet.com Business Web Page: http://www.twinvalet.com Business Phone Number: 818/841-6600 Business Fax Number: 818/841-6602 Business Types: Service Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSHELP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 14 FORM B LOCAL AGENCY PROPOSER RC-DBE COMMITMENT This form must be submitted with the proposal. LocationLocal Agency Project Description Proposal Date Proposer’s Name Contract RC-DBE Goal (%) 9.0% Work Item Number Description or Services to be Subcontracted (or contracted if the Proposer is a RC-DBE) DBE Certificate Number and Expiration Date Name of Each RC-DBE (must be certified prior to submission- include RC-DBE address and phone number) Percent Participation of Each RC-DBE FOR AGENCY TO COMPLETE Total Claimed RC-DBE Commitment: % Agency Proposal Number Federal-Aid Project Number Federal Share Proposal Date Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Signature of Proposer -)( Phone NumberDateDateSignature of Agency Representative Person to Contact (please print or type)Agency Representative (please print or type) ( ) - Phone Number Distribution (1) Original - Agency files:Local Agency Proposer RC-DBE Commitment (Consultant Contracts) – Rev 062113 2.0% City of El Monte El Monte, CA Transit and Paratransit/Dial-A-Ride Operations - 2022 December 14, 2022 First Transit, Inc. 315990,448190 Provision of Uniforms 32118 JCM & Associate (dba Blue Goose) 5443 E. Washington Blvd Commerce, CA 90040 800-543-3732 Provision of auto body, paint and interior repair and maintenance 49218811121, 811192 Oscar Mobile & Body Detail 4410 Tyler Avenue El Monte, CA 91731 626-975-6169 12/9/2021 949 400 4839 Rashidi Barnes, Director of Business Development .30% .61% .91 15 a.The names and dates of each publication in which a request for RC-DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication: Publications Dates of Advertisement ____________________________________________________________________ ____________________________________________________________________ b.The names and dates of written notices sent to certified RC-DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC-DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc. Names of RC- DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates FORM C RC-DBE INFORMATION - GOOD FAITH EFFORTS Federal-aid Project No. ______________ Bid Opening Date: __________________ CITY has established a Race-Conscious Disadvantaged Business Enterprise (RC-DBE) goal of 9.0% for this project Go od Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non-responsive to the DBE requirements. Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the “Local Agency Bidder – RC-DBE Commitment” form indicates that the Proposer has met the RC-DBE contract goal. This will protect the Proposer’s eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC-DBE firm was not certified at bid opening, or the Proposer made a mathematical error. Submittal of only the "Local Agency Bidder RC-DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC-DBE participation: 2.0% Transit and Paratransit/ Dial-A-Ride Operations - 2022 December 14, 2021 DBE Good Faith Effort Website, Trade and Focus Journal Ad, Twitter posted on 11/07/2021 Please see the following pages for advertisement proofs, Tweet proofs and email proofs to certified DBE vendors. 16 c.The items of work which the Proposer made available to RC-DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC-DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC-DBE participation as follows (please provide documents that sufficiently evidence the effort): d.The names, addresses and phone numbers of rejected RC-DBE firms, the reasons for the Proposer's rejection of the RC-DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC- DBE if the selected firm is not a RC-DBE. 1.Names, addresses and phone numbers of rejected RC-DBEs and the reasons for the Proposer's rejection of the RC-DBEs: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 2.Names, addresses and phone numbers of firms selected for the work identified above: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Items of Work Proposer Normally Performs Item (Y/N) Breakdown of Items Amount ($) Percentage Of Contract Employee Uniforms N Uniforms for drivers Janitorial Services and supplies N Janitorial cleaning services and cleaning suppliesOEM bus and auto parts Y Oil & lubricants Y OEM bus and auto parts Office supplies and furniture N Bus Wash supplies, Bus Repair N Maintenance/Body Work Y Shop Supplies Y Bus Cleaning Y Tires Y Engine oil, anti-freeze, windshield fluid, etc. Desk, chairs, office supplies (not needed as this is a tuck-in) Cleaning supplies for bus all vehicle maintenance/body work Shop supplies Cleaning of vehicles Tires for buses and support vehicles N/A JCM & Associate (dba Blue Goose) 5443 E. Washington Blvd Commerce, CA 90040 800-543-3732 Oscar Mobile & Body Detail 4410 Tyler Avenue El Monte, CA 91731 626-975-6169 $33, 587 base contract .30% $69,550 (Body work/detailing base contract) .61% 17 e.Efforts made to assist interested RC-DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC-DBEs: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f.Efforts made to assist interested RC-DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g.The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC-DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc. Name of Agency/Organization Method/Date of Contact Results _______________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ ________________________________________________________________________ h.Any additional data to support a demonstration of good faith efforts please include here. ____________________________________________________________________ ____________________________________________________________________ Proposers are advised to attach all requested documents to this form. Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts. First Transit provided potential DBE partners with RFP and operational information as needed/requested. First Transit also provided non-DBE vendors information on the CUCP to review qualifications to become a certified DBE. Throughout the duration of the contract, First Transit will assist DBEs, as needed within the scope of work. DBE Good Faith Effort Website (conducted outreach on our behalf.) Please see attached email communications with potential vendors. Email - 11/07/2021 Varied...please see attached documents 18 INSTRUCTIONS – SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION SUBRECIPIENT FORM D SUCCESSFUL PROPOSER: This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract. The form must be completed for all DBEs – including all RC-DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number “1”. The date prepared should also be included. IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project-- including all RC-DBEs listed on the RC-DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the “Dollars Paid This Month”. Enter the Total amount paid for each DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period. Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the “Dollar +/- resulting from Change order Activity” column. SUBRECIPIENT Form D must be signed and dated by the prime contractor’s representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 15th day of each month. [Note attached form incorrectly identified as “Form 103.”] 19 FORM D First Transit will complete the Monthly DBE Payments form as required. 20 FORM D - ContinuedFirst Transit will complete the Monthly DBE Payments form as required. First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Ad Proofs Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Focus Journal Ad Publication: DBE GoodFaith (DBEGoodFaith.com) Published On: 11/07/2021 @ 01:05:57 PM Pacific Expired On: 11/23/2021 @ 11:59:59 PM Pacific Message Notifications Sent To: sally.stewart-mckinnie@firstgroup.com Published At: https://dbegoodfaith.com/item.php?item_type=ads&ad_adid=52858 First Transit, Inc. Is seeking qualified DBEs Project Name Transit and Paratransit/Dial-A-Ride Operations - 2022 Bid/Contract # Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency City of El Monte Project Location El Monte, Los Angeles County, CA Bid Date 11/23/2021 at 02:00 Project Details We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. How to get in touch Outreach Coordinator Sally Stewart-McKinnie Telephone (513) 684-8758 Fax (513) 684-8852 Address Get in Touch Outreach Coordinator Sally Stewart-McKinnie Telephone (513) 684-8758 Fax (513) 684-8852 Address 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Send a message Page II Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Send a message Page III Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... Trade Journal Ad Publication: DBE Journal (DBEJournal.com) Published On: 11/07/2021 @ 01:05:57 PM Pacific Expired On: 11/23/2021 @ 11:59:59 PM Pacific Published At: http://dbejournal.com/index.php?show_ad=52858&ad_project_name=Transit+and+Paratransit%2FDial-A- Ride+Operations+-+2022&co_name=First+Transit%2C+Inc. Outreach Coordinator Sally Stewart-McKinnie Contact Information 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Telephone (513) 684-8758 Fax (513) 684-8852 First Transit, Inc. is seeking qualified DBEs Project Name Transit and Paratransit/Dial-A-Ride Operations - 2022 Bid/Contract # Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency City of El Monte Project Location El Monte, Los Angeles County, CA Bid Date 11/23/2021 at 02:00 Project Details We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. Page IV Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... Tweet Published On: 11/08/2021 @ 08:03:14 AM Pacific Published At: https://twitter.com/dbegoodfaith/status/1457740506696458242 PLEASE NOTE - The image below is a representation of what your tweet may look like. The appearance of your tweet can vary depending on a variety of factors, including the type of device the tweet is displayed on and Twitter's internal settings. For a real- time copy of your tweet, please use the link provided above to view on Twitter.com & print the screen from your browser. You do not need a Twitter account to view or print this tweet. First Transit, Inc. is seeking DBEs in El Monte - dbegoodfaith.com/item.php?item_... 08:03 AM - Nov 08, 2021 Page V Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2...Page V Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Outreach Invitation Proofs Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Log details • This document contains a single copy of the bid invitation emailed to each company with an email address listed on their certification. The same email was sent to all companies, which is why we have provided the single email proof. • This document contains a copy of each fax notice sent to solicited companies with a fax number listed on their certification. Email Proof Subject Line: [ Bid Invite ] Transit and Paratransit/Dial-A-Ride Operations - 2022 Reply To Email: sally.stewart-mckinnie@firstgroup.com First Transit, Inc. is seeking qualified DBEs and invites you to bid on the following contract. PROJECT NAME: Transit and Paratransit/Dial-A-Ride Operations - 2022 BID #: Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE: 11/23/2021 at 02:00 (local time) AWARDING AGENCY/OWNER: City of El Monte PROJECT LOCATION: El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. If interested, contact: Sally Stewart-McKinnie First Transit, Inc. Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com Reply This email was sent via the DBEGoodFaith.com outreach platform. To learn more about why you received this bid invitation email, visit DBEGoodFaith.com/why. Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: ALL PETRO RESOURCES Tel: (818) 442-8449 Fax: (818) 578-8995 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050011-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:03 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: AmmMm Inc. Tel: (310) 294-1203 Fax: (888) 412-0288 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050125-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: ASAP AUTO PARTS Tel: (562) 412-4498 Fax: (562) 633-2736 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050012-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:03 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: Blue Diamond International Tel: (909) 598-0240 Fax: (909) 598-0130 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050126-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: CAPITAL OFFICE PRODUCTS, INC. Tel: (818) 362-4156 Fax: (818) 362-8583 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050127-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: CM SIMPLE JANITORIAL LLC Tel: (424) 261-3780 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050023-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: COAST 2 COAST PRESERVATIONS, INC. DBA DIVERSE JANITORIAL Tel: (818) 306-7666 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050024-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: COPIER PRODUCTS GROUP Tel: (714) 689-1700 Fax: (714) 641-2717 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050026-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: DECOR INTERIOR DESIGN, INC. Tel: (818) 962-4800 Fax: (310) 289-2189 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050032-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: DEISY AVILEZ TINEO DBA PRECISION TTS Tel: (714) 585-1074 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050034-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: Ecoline Industrial Supply, Inc. Tel: (310) 633-1719 Fax: (818) 337-2063 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050128-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: FIRST FUEL, INC. Tel: (949) 861-0284 Fax: (888) 892-5371 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050045-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: FLEET CARE/TRANSPORTATION FULL DETAIL SERVICES Tel: (714) 474-5788 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050132-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: GORILLA STATIONERS LLC Tel: (714) 845-3969 Fax: (714) 421-4276 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050051-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: HUNTER TIRES INC Tel: (626) 600-4676 Fax: (626) 722-5835 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050055-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: IMAP, INC. DBA TRIUMPH Tel: (714) 544-2679 Fax: (714) 544-2664 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050057-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: INDEPENDENCE CAPITAL, LLC Tel: (323) 839-0955 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050058-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: Integrated Image Inc. Tel: (818) 885-5227 Fax: (818) 885-5229 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050129-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: ISLAS TIRES, INC. Tel: (562) 941-9419 Fax: (562) 906-1271 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050060-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: LA UNIFORMS & TAILORING Tel: (424) 456-7539 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050068-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: LOS ANGELES CHEMICAL CO., INC. Tel: (310) 323-7111 Fax: (310) 323-8111 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050073-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: OASIS BUSINESS SUPPLY, CORP. Tel: (323) 982-0969 Fax: (855) 894-3975 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050084-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: OFFICE SUPPLIES CO. Tel: (818) 848-8990 Fax: (818) 848-8991 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050085-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: OSCAR MOBILE & BODY DETAIL Tel: (626) 975-6169 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050133-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: SERVICE OIL COMPANY Tel: (661) 327-8744 Fax: (661) 327-0570 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050130-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: SHORE SOLUTIONS INC Tel: (619) 434-2775 Fax: (619) 934-7480 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050095-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: Smart Auto & Coach Detailing, Inc. Tel: (818) 808-7192 Fax: (818) 808-7192 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050134-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: Supplymates, LLC Tel: (626) 346-9550 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050131-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: TYACK'S TIRE INC Tel: (661) 324-9747 Fax: (661) 324-3036 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050108-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:04 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org) Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie TO: WE THE PEOPLE JANITORIAL AND MAINTENANCE LLC Tel: (562) 341-2256 Fax: () - First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT #Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050118-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at ___________________________________________________________________. BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith.com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith.com. Learn more about why you received this invitation at DBEGoodFaith.com/why Powered by TCPDF (www.tcpdf.org)Powered by TCPDF (www.tcpdf.org) First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Email & Fax Solicitation Log Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Log Details • All emails and faxes were sent and tracked through DBEGoodFaith.com's automated solicitation and logging system. • The soliciation system makes up to 5 attempts to successfully delivery a fax as long as a human does not answer the call. If a human answers the call, only 1 attempt is made. • The soliciation system attempts to successfully deliver emails until the response from the recepient's email server requests that no other attempts be made. Company Fax Send Date & Delivery Status Email Send Date & Delivery Status ALL PETRO RESOURCES 18149 LULL STREET, RESEDA, CA 91335 Tel: 8184428449 Fax: 8185788995 arturo@allpetroresources.com Cert: DBE 11/08/2021 08:18 am PST Failed 11/08/2021 08:06 am PST Opened AmmMm Inc. 28364 S. WESTERN AVENUE #402 RANCHO PALOS VERDES, CA 90275 Tel: 3102941203 Fax: 8884120288 info@ammmminc.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Opened ASAP AUTO PARTS 9714 ARTESIA BLVD. BELLFLOWER, CA 90706 Tel: 5624124498 Fax: 5626332736 andy@asapautopart.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Delivered Blue Diamond International 25024 Carrey Rd. Walnut, CA 91789 Tel: 9095980240 Fax: 9095980130 john@bluediamondgroup.com Cert: DBE 11/08/2021 08:15 am PST Failed 11/08/2021 08:06 am PST Bounced CAPITAL OFFICE PRODUCTS, INC. 15840 MONTE STREET, #104 SYLMAR, CA 91342 Tel: 8183624156 Fax: 8183628583 carolynnelsoncop@gmail.com Cert: ACDBE; DBE 11/08/2021 08:16 am PST Failed 11/08/2021 08:06 am PST Opened Page II Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2...Page II Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... CM SIMPLE JANITORIAL LLC 2120 W. 93RD STREET LOS ANGELES, CA 90047 Tel: 4242613780 Fax: None Listed Admin@CMSimple4u.com Cert: DBE n/a 11/08/2021 08:06 am PST Delivered COAST 2 COAST PRESERVATIONS, INC. DBA DIVERSE JANITORIAL 1915 MCKINLEY AVENUE SUITE A LA VERNE, CA 91750 Tel: 8183067666 Fax: None Listed diversejanitorial@gmail.com Cert: DBE n/a 11/08/2021 08:06 am PST Delivered COPIER PRODUCTS GROUP 1536 E. WARNER AVE SANTA ANA, CA 92705 Tel: 7146891700 Fax: 7146412717 tricias@c3os.com Cert: DBE 11/08/2021 08:14 am PST Failed 11/08/2021 08:06 am PST Bounced DECOR INTERIOR DESIGN, INC. 21530 SHERMAN WAY CANOGA PARK, CA 91303 Tel: 8189624800 Fax: 3102892189 ronda@designsbydecor.com Cert: DBE 11/08/2021 08:16 am PST Failed 11/08/2021 08:06 am PST Delivered DEISY AVILEZ TINEO DBA PRECISION TTS 12155 MAGNOLIA AVENUE RIVERSIDE, CA 92503 Tel: 7145851074 Fax: None Listed dtprecisiontts@gmail.com Cert: DBE n/a 11/08/2021 08:06 am PST Delivered Page III Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... Ecoline Industrial Supply, Inc. 9520 OWENSMOUTH AVENUE UNIT #3 CHATSWORTH, CA 91311 Tel: 3106331719 Fax: 8183372063 agata@goecoline.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Delivered FIRST FUEL, INC. 14 BOLIVAR STREET, NEWPORT BEACH, CA 92663 Tel: 9498610284 Fax: 8888925371 jkaufman@firstfuel.net Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Opened FLEET CARE/TRANSPORTATION FULL DETAIL SERVICES 1930 W. JACARANDA PLACE FULLERTON, CA 92833 Tel: 7144745788 Fax: None Listed c21yolieo@yahoo.com Cert: DBE n/a 11/08/2021 08:06 am PST Opened GORILLA STATIONERS LLC 145 W BROADWAY LONG BEACH, CA 90802 Tel: 7148453969 Fax: 7144214276 rosemary@gorillastationers.com Cert: DBE 11/08/2021 08:01 am PST Successful 11/08/2021 08:06 am PST Opened HUNTER TIRES INC 5584 IMPERIAL HIGHWAY SOUTH GATE, CA 90280 Tel: 6266004676 Fax: 6267225835 mshenouda@huntertires.com Cert: DBE 11/08/2021 08:01 am PST Successful 11/08/2021 08:06 am PST Opened Page IV Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... IMAP, INC. DBA TRIUMPH 14712 FRANKLIN AVENUE SUITE G TUSTIN, CA 92780 Tel: 7145442679 Fax: 7145442664 pfeld@TriumphOffice.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Delivered INDEPENDENCE CAPITAL, LLC 212 W. 49TH STREET LOS ANGELES, CA 90037 Tel: 3238390955 Fax: None Listed csis@independence-cap.com Cert: DBE n/a 11/08/2021 08:06 am PST Opened Integrated Image Inc. 9301 Oakdale Ave. Suite 330 Chatsworth, CA 91311 Tel: 8188855227 Fax: 8188855229 lucyk@iimageinc.com Cert: DBE 11/08/2021 08:01 am PST Successful 11/08/2021 08:06 am PST Delivered ISLAS TIRES, INC. 12328 CARMENITA ROAD WHITTIER, CA 90605 Tel: 5629419419 Fax: 5629061271 gabriela@islastires.com Cert: DBE 11/08/2021 08:01 am PST Successful 11/08/2021 08:06 am PST Opened & Clicked LA UNIFORMS & TAILORING 15625 HAWTHORNE BLVD. SUITE D LAWNDALE, CA 90260 Tel: 4244567539 Fax: None Listed LA.UniformAndTailor@gmail.com Cert: DBE n/a 11/08/2021 08:06 am PST Opened Page V Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... LOS ANGELES CHEMICAL CO., INC. 845 SANDHILL AVENUE CARSON, CA 90746 Tel: 3103237111 Fax: 3103238111 ms@lacco.com Cert: DBE 11/08/2021 08:18 am PST Failed 11/08/2021 08:06 am PST Delivered OASIS BUSINESS SUPPLY, CORP. 7859 BABCOCK AVENUE NORTH HOLLYWOOD, CA 91605 Tel: 3239820969 Fax: 8558943975 customerservice@oasisbsc.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Delivered OFFICE SUPPLIES CO. 1317 S. FLOWER STREET BURBANK, CA 91502 Tel: 8188488990 Fax: 8188488991 officesupplies4you@yahoo.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Delivered OSCAR MOBILE & BODY DETAIL 4410 TYLER AVE EL MONTE, CA 91731 Tel: 6269756169 Fax: None Listed o_huerta@sbcglobal.net Cert: DBE n/a 11/08/2021 08:06 am PST Opened SERVICE OIL COMPANY 107 LAKE ST BAKERSFIELD, CA 93305 Tel: 6613278744 Fax: 6613270570 service_oil_company1939@yahoo.com Cert: DBE 11/08/2021 08:03 am PST Successful 11/08/2021 08:06 am PST Opened & Clicked Page VI Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... SHORE SOLUTIONS INC 1120 BAY BLVD. SUITE E CHULA VISTA, CA 91911 Tel: 6194342775 Fax: 6199347480 liz@yourshoresolutions.com Cert: DBE 11/08/2021 08:17 am PST Failed 11/08/2021 08:06 am PST Delivered Smart Auto & Coach Detailing, Inc. 1345 N. Lamer St. Burbank, CA 91506 Tel: 8188087192 Fax: 8188087192 vilmaymartinez@gmail.com Cert: DBE 11/08/2021 08:16 am PST Failed 11/08/2021 08:06 am PST Opened Supplymates, LLC 40 N. Altadena Dr. #206 Pasadena, CA 91107 Tel: 6263469550 Fax: None Listed sales@supplymates.com Cert: DBE n/a 11/08/2021 08:06 am PST Delivered TYACK'S TIRE INC 211 SUMNER ST BAKERSFIELD, CA 93305 Tel: 6613249747 Fax: 6613243036 dbrooks@tyacktires.com Cert: DBE 11/08/2021 08:02 am PST Successful 11/08/2021 08:06 am PST Opened WE THE PEOPLE JANITORIAL AND MAINTENANCE LLC 1959 CEDAR AVE UNIT 3 LONG BEACH, CA 90806 Tel: 5623412256 Fax: None Listed wethepeoplejanitorial@gmail.com Cert: DBE n/a 11/08/2021 08:06 am PST Delivered Page VII Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... From:David Mujica To:Barnes, Rashidi Cc:Stewart McKinnie, Sally Subject:Re: El Monte RFP - 2x Detailing Date:Thursday, December 2, 2021 5:01:38 PM Attachments:image001.png CAUTION: This email is from an external source. 'davidm@twinvalet.com' Please beware of links and attachments. Hi Rashidi, Asking is always good. I could drop the price to about $590.00 but that is the lowest I could go on this. Your project is very demanding and as I explained before the left over after the $501.00 in not only profit but equipment and time from our overhead to organize it. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidm@twinvalet.com Please visit our website www.twinvalet.com On Thursday, December 2, 2021, 01:43:27 PM PST, Barnes, Rashidi <rashidi.barnes@firstgroup.com> wrote: David, I am sorry to key going over this but for the new 12 buses, will you be charging me $501 per bus or $625? Please clarify. Rashidi From: David Mujica <davidm@twinvalet.com> Sent: Thursday, November 18, 2021 12:02 PM To: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com>; Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: Re: El Monte CAUTION: This email is from an external source. 'davidm@twinvalet.com' Please beware of links and attachments. Hello Rashidi, The break down on the detail is as follows: 1- Labor $414.00 2- Supplies $870.00 This will be for about 7-10 busses and has the city requirements as far as the quality of the products. About $87.00 per bus. 3- Approximate cost per bus is $501.00 4- The $124.00 is left from your price but doesn't necessarily mean profit since many other activities are involved such as (scheduling, process of buying the products, hardware equipment polisher machines and towels). We would really like to propose on your janitorial services. We could offer this to you in an hourly rate which is the most common. Our hourly rate is $24.50 per hour per employee. This rate includes wages, payroll taxes, liability insurance and worker's comp. The supplies could be obtain by you the client or if we get them we will pass it at cost to the client. If you give me more details regarding the cleaning of your facility daily I could then put a cost projection for your review. All I need to know is how many hour per day you are looking to have the employee? and if you have more than one employee?. Also, if you provide the cleaning supplies or you prefer the company to do it. Please let me know if you need any additional information and I'll do my best to provide it. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidm@twinvalet.com Please visit our website www.twinvalet.com On Thursday, November 18, 2021, 07:55:00 AM PST, Barnes, Rashidi <rashidi.barnes@firstgroup.com> wrote: Hello David, To be clear, the 12 buses that Sally mentioned below will be in addition to what you are already doing. We are also interested in knowing what your cost will be to clean our facility daily? Rashidi From: David Mujica <davidm@twinvalet.com> Sent: Wednesday, November 17, 2021 4:13 PM To: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com> Cc: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: Re: El Monte CAUTION: This email is from an external source. 'davidm@twinvalet.com' Please beware of links and attachments. Hello Sally, I really appreciate your opportunity. As you may already know we have being doing the cleaning services to your busses and would really like to continue doing so. Last month on October 8, 2021 we did them for the last time. We detailed 7 of the vehicles at a cost per vehicle of $625.00. We did follow the city guidelines and used the specific require materials and equipment. I'm sure we could continue doing this for a minimum of 2 more years without increasing the cost unless the city requirements change. Please let me know if there is any format you would like me to present this offer made to you. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidm@twinvalet.com Please visit our website www.twinvalet.com On Wednesday, November 17, 2021, 10:13:22 AM PST, Stewart McKinnie, Sally <sally.stewart- mckinnie@firstgroup.com> wrote: Hello David- Hope all is well. I am working on an El Monte transportation project with Rashidi Barnes. We are looking for a certified DBE to provide bus waxing/detailing (2x per year) and cleaning our EL Monte facility daily. There will be 12 total buses (see attached). If you are interested in partnering with us on this project, please provide pricing as soon as possible. Feel free to reach out with any questions or concerns that you may have. With regards- Sally Sally Stewart-McKinnie Manager of Sales Support, Business Development & Marketing Office: 513.684.8758 |Cell: 513.704.1844 600 Vine Street, Suite 1400, Cincinnati, Ohio, 45202 From:Barnes, Rashidi To:Stewart McKinnie, Sally; David Mujica Subject:RE: El Monte RFP - DBE - Twin Valet Date:Wednesday, December 8, 2021 4:47:20 PM Attachments:image001.png David, I know that the CUCP program maybe extensive, with regards to the approval process, but if you do get approved we have close to 15 operations in the LA Region that we potentially can use Twin Valet on. Just food for thought. Regards, Rashidi From: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com> Sent: Wednesday, December 8, 2021 12:55 PM To: David Mujica <Davidm@twinvalet.com>; Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: RE: El Monte RFP - DBE - Twin Valet Importance: High Hello David- Here is the information that was included in the RFP regarding DBE. Also, here is the link with information on becoming a certified DBE with the California Unified Certification Program Database (CUCP). https://dot.ca.gov/programs/civil-rights/dbe-certification-information In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted. 5. RESOURCES a. The CUCP database includes the certified DBEs from all certifying agencies participating inthe CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Proposers may call (916) 440-0539 for web or download assistance. b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at: https://dot.ca.gov/programs/civilrights/dbe-search. i. Click on Access the DBE Query Form located on the first line in the center of the page ii. Click on the Start DBE Firms Query iii. Searches can be performed by one or more criteria iv. Follow instructions on the screen Sally Stewart-McKinnie Manager of Sales Support, Business Development & Marketing Office: 513.684.8758 |Cell: 513.704.1844 600 Vine Street, Suite 1400, Cincinnati, Ohio, 45202 FAX: 513.684.8852 | sally.stewart-mckinnie@firstgroup.com www.firsttransit.com www.firstvehicleservices.com From: David Mujica <davidm@twinvalet.com> Sent: Wednesday, December 8, 2021 2:46 PM To: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com>; Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: Re: El Monte RFP - DBE - Twin Valet CAUTION: This email is from an external source. 'davidm@twinvalet.com' Please beware of links and attachments. Hi Rashidi, I'm not sure what CUCP is. This are the two we currently have. I'hope this will help. How can I get certify by CUCP? Please let me know and I'll get on this right away. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidm@twinvalet.com Please visit our website www.twinvalet.com On Wednesday, December 8, 2021, 10:32:18 AM PST, Barnes, Rashidi <rashidi.barnes@firstgroup.com> wrote: Hello David, We will be wrapping up our proposal tomorrow. However, we need some clarification from you. As Sally mentioned in a previous email, the El Monte RFP states that in order to claim certified DBEs, we must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted. We checked the CUCP site and was not able to find your company there. Unfortunately the MBE/DBE 2015 certification will not be useful since it was issued from the City of Los Angeles and not the CUCP. Are we missing anything here? Do you have documents that support your CUCP approval? Your immediate response will be greatly appreciated. Rashidi From: David Mujica <davidm@twinvalet.com> Sent: Wednesday, December 1, 2021 3:23 PM To: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com>; Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: Re: El Monte RFP - DBE CAUTION: This email is from an external source. 'davidm@twinvalet.com' Please beware of links and attachments. Hello Rashidi, Attached you'll find the requested. As you may know the City of Los Angeles doesn't expire as I far as we are doing business. Here you will find the new certificate for the state. Please review and let me know if you need anything else. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidm@twinvalet.com Please visit our website www.twinvalet.com On Wednesday, December 1, 2021, 09:32:20 AM PST, Barnes, Rashidi <rashidi.barnes@firstgroup.com> wrote: Hello David, Can you provide me updated DBE/MBE certifications? Thank you Rashidi This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. From:Martin Gombert To:Barnes, Rashidi Cc:Stewart McKinnie, Sally Subject:Re: Secret Rider Program - First Transit Date:Sunday, November 21, 2021 2:48:33 PM Attachments:image001.png Mystery Ride Qualifications 11-20-21.docx CAUTION: This email is from an external source. 'magla@ix.netcom.com' Please beware of links and attachments. Hi Rashidi, Please find the attached summary of my company's Mystery Ride projects for your team. Talk to you tomorrow! Martin Gombert On 11/18/2021 1:38 PM, Barnes, Rashidi wrote: Martin, In the meantime can you provide me an overview of your company and some success story’s? Maybe in the LA area? This information will be inculded in our proposal. Rashidi From: Martin Gombert <magla@ix.netcom.com> Sent: Thursday, November 18, 2021 1:10 PM To: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com> Subject: Re: Secret Rider Program - First Transit CAUTION: This email is from an external source. 'magla@ix.netcom.com' Please beware of links and attachments. Yes! Martin Gombert On 11/18/2021 12:41 PM, Barnes, Rashidi wrote: Hello Martin, Do you have time to chat Monday morning at 9:30 am? Rashidi From: Martin Gombert <magla@ix.netcom.com> Sent: Monday, November 15, 2021 4:26 PM To: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com> Subject: Re: Secret Rider Program - First Transit CAUTION: This email is from an external source. 'magla@ix.netcom.com' Please beware of links and attachments. Rashidi, I realized when I got to my home office I have a Metro meeting from 10-12pm PST. I'm open before or after. Regards, Martin Gombert On 11/15/2021 2:12 PM, Barnes, Rashidi wrote: Martin, Will 10:30 am work for you? If so, I will send you a meeting invitation. I will also include our DBE/SBE liaison on the call. Rashidi From: Martin Gombert <magla@ix.netcom.com> Sent: Monday, November 15, 2021 11:57 AM To: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: RE: Secret Rider Program - First Transit CAUTION: This email is from an external source. 'magla@ix.netcom.com' Please beware of links and attachments. Hi Rashidi, I'm open all day tomorrow. I'm familar with the service and my company is a certified SBE with Metro. Regards, Martin Gombert -----Original Message----- From: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Sent: Nov 15, 2021 8:41 AM To: magla@ix.netcom.com <magla@ix.netcom.com> Cc: Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: RE: Secret Rider Program - First Transit Mr. Gombert, My name is Rashidi Barnes and I work for First Transit’s BD Team. I recently spoke with one of our location managers, Zack Deukajian, about proposing a secret rider program to the City of El Monte, Ca. Currently we are bidding on this project, but I would like to speak to you about potentially including your services in our bid. If this is some interest to you, please let me know and we will set up a time to chat. Regards Rashidi Barnes Director of Business Development – Mobility as a Service Direct: (949) 400-4839 600 Vine Street, Suite 1400 Cincinnati, OH 45202 | rashidi.barnes@firstgroup.com | www.firsttransit.com This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. FAX: 513.684.8852 | sally.stewart-mckinnie@firstgroup.com www.firsttransit.com www.firstvehicleservices.com This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. 12ATTACHMENT 12 13ATTACHMENT 13 This Attachment intentionally left blank 14ATTACHMENT 14 Chubb 525 W. Monroe, Ste 700 Chicago, lL 60661 USA o (800) 392-3110 November 23,2021 CITY OF EL MONTE 1 1333 Valley Boulevard El Monte, CA 91731 Re: First Transit, lnc. Project: Transit and ParatransiUDial-A-Ride Operations - 2022 To Whom lt May Concern. Federal lnsurance Company, is proud to be the surety for First Transit, lnc. We feel this firm is an exceptional organization both from a financial perspective and a managerial point of view. We understand that First Transit, lnc. has submitted, or will submit, their bid for the project described above. lt is our present intent to provide the Performance Bond required should First Transit, lnc. be the successful bidder, subject to satisfactory review of the contract documents and the request from First Transit, lnc. to provide such bonds. Federal lnsurance Company has a Best's rating of A++/XV and a Treasury limit in excess of $414,198,000. We continue to be confident in First Transit, lnc.'s ability to perform and we recommend them for your favorable consideration. This letter is not to be construed as an agreement to provide bonds for any particular project, but is offered as an indication of our past experience with this firm. Any arrangement for bonds required by contract is a matter between First Transit, lnc. and the Surety and we assume no liability to the owner or third parties, if for any reason we do not execute the bonds. Federal lnsurance Company M. Winsted, Attorney-in-Fact EI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, , or validity of that document. State of Illinois County of Lake On 23'd day of November. 2o2l,before me, Roger Paraison. Notary Public, personally appeared Sandra M. Winsted who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certiff 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 R<-< -Signature of Notary Public EHIJEIE' Power of Afforney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company IACE American Insurance Company Know All by These Presents, that FEDEMI INSUMNCE COMPANY, an Indiana corporation, VIGILANT INSUMNCE COMPANI a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCIIESTER FIRE INSUMNCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania do each hereby constitute and appoint Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan, Jennifer L. Jakaitis, Andrew Marks, James B. McTaggart, Judith A. Lucky-Eftimov, Sandra M, Nowak, Diane M. O'Leary, Nicholas Pantazis, Roger Paraison, Christina L. Sandoval, Bartlomiej Siepierski, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted of Chicago, lllinois------ or otherwise, bonds and undertakings and other writings obligator in the nature thereof (other than bail bondsJ given or executed in the course ofbusiness, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness WheTeof, said FEDERAT INSURANCE COMPANY, VIGITANT INSUMNCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 23'd day oflune, 2021. Surr-:r*-Yn. erucnsf #L,,A#---, Drwn l\,1. (lhkl'tx. Assist.tn t Scc'retilry Stcphcn l\'1. I hnc1. \iicc []r'e;iden t @@@@@ @@@@@ STATE OF NEWJERSEY CountyofHunterdon ss' On this 23"d day of fune, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice PTESidENt, Tespectively, of FEDEML INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSUttANCE COMPANY and ACE AMERICAN INSUMNCE COMPANY, the companies which executed the foregoing Power ofAttorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworry severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectivel, of FEDERAL INSUMNCE COMPANY, VIGILANT INSUMNCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSUMNCE COMPANY and ACE AMERICAN INSUMNCE COMPANY and know the corporate seals officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J, ADELAAR NOTARY PUBLIC OF NEW JER$BT No.2316685 Cotmlssbn Expires July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30,2076; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006; and ACE AMERICAN INSURANCE COMPANY on March20,2009: entered into in the ordinary course ofbusiness (each a "Written Commitment"): of the Company or otheMise. to the extent that such action is authorized by the grant ofpowers provided for in such person's written appointment as such attorney-in-fact. fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otheruise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherise, such Written Commitments ofthe Company as are specified in such written delegation,whichspecification may be by general typeor classof Written Commitments or byspecificationofoneormoreparticularWrittenCommitments. facsimile on such Written Commitment or written appointment or delegation, Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested." I, DAWN M, ChIoToS, Assistant SecTetaTy of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (D the foregoing Resolutions adopted by the Board ofDirectors ofthe Companies are true, correct and in full force and effect, (iD the foregoing Power ofAttorney is true, correct and in full force and effect. Givenundermyhandandsealsof saidcompaniesatwhitehousestation,Nf,this "lr}d ,tr1 4 NOVe U fiW ,.?fr|1 . @@@@@ DUurs-fn. tltto,ts( Combined: FED-VIG-Pl-WFIC-AAIC (rev.'l 1-1 9) ftrwn l\,1. Chlorm. Assistunt Socretrrf VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF - 3493 Fax f9081 903- Holder Identifier : 7777777707070700077761616045571110766606117214556207442137762407210073741577156320030772415002166111307063011262631113075226331760327740776041153445231207766015172076570076727242035772000777777707000707007 7777777707070700073525677115456000733010517137003107123226353173010071223373420721100703333634206210007133237353072111070233262430631100712233735207210007123336243062111077756163351765540777777707000707007Certificate No :570089878295CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/14/2021 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 19399AIU Insurance CompanyINSURER A: 19445National Union Fire Ins Co of PittsburghINSURER B: 26883AIG Specialty Insurance CompanyINSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: First Transit Inc 600 Vine Street Suite 1400 Cincinnati OH 45202 USA COVERAGES CERTIFICATE NUMBER:570089878295 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $10,000,000 $5,000,000 Excluded $10,000,000 $10,000,000 $10,000,000 B 07/21/2021 04/01/20223629890 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $10,000,000B07/21/2021 04/01/2022 AOS 1921808B 07/21/2021 04/01/2022 VA 1921810B 07/21/2021 04/01/2022 MA COMBINED SINGLE LIMIT (Ea accident) 1921809 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $5,000,000 X OTH-ERPER STATUTEA07/21/2021 04/01/2022 014649548A 07/21/2021 04/01/2022 016393319A 07/21/2021 04/01/2022 A 07/21/2021 04/01/2022 $5,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN 014649549 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $5,000,000 014649551 EL Each Accident658312407/21/2021 04/01/2022 SIR applies per policy terms & conditions $5,000,000EL Disease - Policy EL Disease - Ea Empl $5,000,000 Excess WCB $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFP: Transit and Paratransit/ Dial-A-Ride Operations - 2022 in the City of El Monte, County of Los Angeles, State of California. City of El Monte, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of El Monte, its officials, officers, employees, agents and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. Should General Liability, CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of El Monte City Clerk Attn: Sarah Zadok, Transportation Operation Manager 11333 Valley Blvd. El Monte CA 91731 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Automobile Liability and Workers' policies be cancelled before the expiration date thereof, the policy provisions will govern how Notice of Cancellation may be delivered to Certificate Holders in accordance with the policy provisions of each policy. FORM TITLE:FORM NUMBER: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER Aon Risk Services Central, Inc. NAMED INSUREDAGENCY LOC #: 570000088924AGENCY CUSTOMER ID: © 2008 ACORD CORPORATION. All rights reserved. See Certificate Number: See Certificate Number: The ACORD name and logo are registered marks of ACORD 570089878295 570089878295 ACORD 25 Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: ACORD 101 (2008/01) ADDITIONAL REMARKS SCHEDULE Page _ of _ First Transit Inc 87950 (09/14)Authorized Representative ENDORSEMENT This endorsement, effective 12:01 A.M. 07/21/2021 forms a part of policy No. 192-18-09 issued to RECESS HOLDCO LLC BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS, BUT ONLY TO THE EXTENT OF SUCH PERSON’S OR ORGANIZATION’S LIABILITY ARISING OUT OF THE USE OF A COVERED “AUTO”. I.SECTION II - LIABILITY COVERAGE, A. Coverage, 1. – Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1)The coverage and/or limits of this policy, or (2)The coverage and/or limits required by said contract or agreement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²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²/LPLWV2I,QVXUDQFH ,IFRYHUDJHSURYLGHGWRWKHDGGLWLRQDOLQVXUHGLV UHTXLUHGE\DFRQWUDFWRUDJUHHPHQWWKHPRVW ZHZLOOSD\RQEHKDOIRIWKHDGGLWLRQDOLQVXUHG LVWKHDPRXQWRILQVXUDQFH 5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQW RU $YDLODEOH XQGHU WKH DSSOLFDEOH OLPLWV RI LQVXUDQFH ZKLFKHYHULVOHVV 7KLV HQGRUVHPHQW VKDOO QRW LQFUHDVH WKH DSSOLFDEOHOLPLWVRILQVXUDQFH &* ,QVXUDQFH6HUYLFHV2IILFH,QF3DJHRI 15ATTACHMENT 15 Professional Experience First Transit, El Monte, CA General Manager, 2019 – Present • Pre-COVID19 – Maintained a close to 95% On-Time Performance rate for all of the services operated out of El Monte < • For the year of 2021, achieved zero Lost Time for Injuries, employee injuries that prevent work • Responsible for all daily operations, operational safety, fleet and facility maintenance, employee and customer satisfaction, and finances of fixed route and paratransit services • Oversees all contract services, including administrative functions, information systems, parts purchasing, and inventory control • Ensures compliance of all facility policies and procedures to meet First Quality Management (FQM) requirements • Negotiates budgeting and contractual terms with clients • Develops and implements action plans to ensure customer retention • Negotiated labor disputes and CBA terms and conditions First Transit (LADOT), Los Angeles, CA General Manager, 2018 – 2019 • Oversaw all contractual services for DASH Downtown and Mid-City Services, including administrative functions, information systems, parts purchasing, maintenance program, and inventory control • Maintained fiscal responsibility for a $24 million budge • Assessed resource needs, problems and trends; implemented action plans to improve operational efficiencies • Negotiated labor disputes and CBA terms and conditions • Ensured safety and adherence to National Transportation Safety Board and Federal Transportation Authority requirements • Ensured compliance of local, state, and federal laws and regulations, including EPA, OSHA, DOT, ADA and EEOC MV Transportation (LADOT), Sylmar, CA General Manager, 2016 – 2018 • Managed the daily operation of LADOT contract including DASH and Commuter Express routes covering downtown LA to Thousand Oaks • Maintained $20 million project budget • Maintained company and contractual assets, including vehicles, facilities, inventories, tools and equipment • Provided exemplary customer service • Negotiated labor contracts • Maintained high safety standards in accordance with LADOT and FTA MV Transportation, Inc., Thousand Oaks, CA General Manager, 2014 - 2016 • Managed the daily operation of transportation for the cities of Calabasas, Thousand Oaks, Oak Park, Agoura Hills and Moorpark • Maintained fiscal budget for $5 million project • Managed all location departments, including: Accounting, Drivers Diran “Zack” Deukmajian Project Manager Summary 15 Years of management experience in the Transportation Industry Experience managing annual budgets over $20 million Proven track record for increasing revenues while achieving cost reductions Education Citrus College, Glendora, CA CalTech, Pomona, CA Development and Safety (DDS), Human Resources, Call Center, Dispatch, Road Supervisors, Operations, Technicians, and Drivers Diran “Zack” Deukmajian • Provided exemplary customer service by developing action plans to ensure customer satisfaction and promoting effective customer communication • Negotiated labor contracts • Maintained high safety standards in accordance with LADOT and FTA Electro-Tech Products, Inc., Glendora, CA General Manager, 2008 – 2014 • Oversaw multiple departments, including Quality Control, Human Resources, Facilities, Document Control, Marketing, Engineering, Purchasing, and Inventory Control • Maintained computer systems and database integrity • Analyzed and balanced budget and led budget forecasting • Maintained OSHA Standards, and maintenance standards for all shop machinery • Analyzed statistical data and product specifications to determine standards and established quality and reliability objectives • Led the creation of ETP’s Metal Shop Department from inception to full-scale production plant Laidlaw Education Services, Mission Viejo, CA General Manager, 2002 – 2008 • Managed daily operations including: accounting, facilities, Driver Development and Safety (DDS), Human Resources, dispatch, field supervisor, mechanics, and vehicle operators • Prepared and conducted payroll, income, and inventory audits periodically • Prepared month end, quarterly, and yearly yard budget • Maintained quarterly and fiscal responsibility for a multimillion-dollar budget • Handled customer concerns • Negotiated contract terms and language Certifications and Courses FTA Procurement Employing the Absent Employee Transit and Paratransit Management Certificate Program Microsoft Suite Certificate Professional Experience Loctek/ Flexispot, Riverside, CA Fleet Manager, 2020 – Present • Oversees all truck dispatch activities • Hires, trains, and manages all vehicle operators • Schedules vehicle repairs and inspections • Maintains vehicle maintenance records and parts inventories • Coaches and leads team to ensure KPIs are met • Assists with CHP Annual Terminal Inspections and DOT Inspections • Manages purchasing and sales process of equipment • Analyzes and interprets financial plans, policies, and budgets to make key business decisions • Collaborates with other managers to formulate and implement policies, procedures, and objectives Avalon Transportation, Orange, CA Operation Manager, 2019 – Present • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Scheduled vehicle repairs and inspections • Maintained vehicle maintenance records and parts inventories • Managed vehicle operation team to ensure strong performance on KPIs • Ensured compliance to federal, state, and company policy • Budgeted, planned, and forecasted financials Lassen Tours & Travel, Los Angeles, CA Bus Operations Manager, 2016 – 2019 • Hired, and trained vehicle operators • Scheduled vehicle inspections and maintenance • Maintained operational and maintenance records • Ensured compliance to all federal, state, and company policy • Analyzed and interpreted financial plans, policies, and budgets to make key business decisions Greenland Tours, San Gabriel, CA General Manager, 2014 – 2016 • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Oversaw vehicle repair and inspection scheduling • Maintained vehicle maintenance records and parts inventories • Monitored and ensured operational KPIs were met • Ensured proper permit maintenance and compliance • Assisted with CHP Annual Terminal Inspections and DOT Inspections • Analyzed and interpreted financial plans, policies, and budgets to make key business decisions Da Zhen Bus, Monterey Park, CA General Manager, 2011 – 2014 • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Scheduled vehicle repairs and inspections • Maintained vehicle maintenance records and parts inventories • Managed operation team to ensure strong performance on KPIs • Ensured compliance to federal, state, and company policy • Budgeted, planned, and forecasted financials Yu Chiun Lu Operations Manager Skills 10 Years of management experience in the Transportation Industry Experience hiring, training, and managing vehicle operators and safety supervisors Proven skill managing all aspects of transportation operations including daily operations, maintenance, safety, training, financials, and compliance Benjamin Casillas Maintenance Manager Summary Nearly two decades of vehicle maintenance experience Highly adept in efficiency planning, cost reduction, budget control, and performance maximization Possesses excellent problem- solving and critical thinking skills Professional Experience First Transit, Inc., El Monte, CA Maintenance Technician, 2020 – Present • Manages effective utilization of vehicle assets • Utilizes vehicle management systems for maximum efficiency • Performs all duties necessary to make the shop, employees and First Transit successful, ethical, and safe • Complies with and ensures adherence to First Transit’s high level of safety standards and regulations to encourage safe and efficient operations • Ensures services are provided within budget and action plans are developed and implemented to improve operational efficiencies • Provides leadership and guidance to develop location and company strength • Analyzes, prepares, and develops budgets and forecasts • Develops action plans to ensure customer retention • Excellent working knowledge of Microsoft Excel and Word • Assures a safe working environment at all times First Transit, Inc., El Monte, CA Maintenance Technician, 2003—2020 • Routinely calibrated and performed preventative maintenance of transportation vehicles • Maintained, troubleshooted and repaired transportation vehicles professionally and promptly • Responded to maintenance repair requests, applied knowledge of machinery, tools, and process guidelines to identify root causes and resolve issues Core Qualifications • DOT Rules & Regulations • Driver Safety Program Design • Operating Cost Reductions • Vendor & Contract Management • Change Management • Team Building & Leadership • Materials Management Professional Experience First Transit, El Monte, CA Safety Manager, 2020 – Present • Administers driver hiring and compliance process • Provides direction and guidance to location trainers, develops and monitors contents of classroom training to ensure compliance • Investigates and maintains documentation for incidents, accidents, and work-related injuries • Plans, schedules and conducts monthly safety meetings based on region and company safety and safety training goals and objectives • Performs driver road checks of driver performance MV Transportation, Los Angeles, CA Safety Supervisor, 2014 – 2020 • Conducted site checks and road observations according to client and local policy, as well as maintained all related documentation • Conducted wheelchair securement and vehicle cleanliness checks on in service vehicles • Monitored street operations for on-time performance and schedule and route adherence • Provided customer information for site personnel and at key locations • Responded to accidents and incidents, assisted dispatch and operations staff in resuming service levels according to contract specifications and minimizing passenger disruptions • Ensured that all operators are fit for duty, meet uniform and equipment standards and are in possession of proper licensing and certifications • Assisted operators with service or passenger problems and dispatchers and maintenance staff with vehicle change outs that occur in the field • Identified and analyzed potential safety hazards and developed initiatives to improve daily operation procedures and operator training Laidlaw, Irvine, CA Dispatcher, 2004 – 2013 • Oversaw road service assigned carriers by tracking trip performance measures and incidents • Provided customer support by responding to questions and concerns regarding customer trips including no shows, cancellations and missed trips • Managed emergency situations for vehicle operators; acted as liaison between carriers and emergency services • Managed daily service by reviewing route performance and proactively responding to situations that impact customer service Nazario Morales Safety Manager Summary Two decades of experience in the transit industry Started as a vehicle operator and grew into a variety of roles, gaining experience across transit operations Education Coursework in Business Administration, Santa Ana College Training and Certifications DOT Certified Instructor NTI Certified Harassment Prevention Instructor Smith System Certified Instructor LLLC Certified Instructor TSI Certified Class B License CA with Passenger Endorsement Nazario Morales Vehicle Operator, 2001 – 2004 • Operated both fixed route and paratransit vehicles safely and effectively • Conducted pre- and post-trip inspections and cleaning to ensure proper operating condition of vehicle and on-board equipment • Successfully performed scheduled manifest by picking up all clients on time and delivering them to their destinations safely • Provided excellent customer service, including assistance in boarding and deboarding, supplying information, and responding appropriately in the event of emergency • Collected and reconciled customer fares and collected vehicle and trip data Pedro Velasco Assistant Maintenance Manager Summary A veteran maintenance professional 8 years of vehicle maintenance experience ASE Certified Education Universal Technical Institute,, Automotive and Diesel/Industrial Technology Professional Experience First Transit, Inc., El Monte, CA Assistant Maintenance Manager, 2020 – Present • Assists with staff scheduling, parts ordering, and scheduling project work • Develops work orders and evaluates all repairs performed by technicians and outside vendors • Works with Maintenance Manager to address backup trade support if breakdowns become too high • Keeps management constantly informed of new trends, developments and regulations within First Transit • Assists the Maintenance Manager in compliance with all OSHA/EPA regulations and other local, state, and federal government regulations • Mentors all facility associates by motivating and providing direction to help them achieve their goals and make a consistent effort to go above and beyond First Vehicle Services, Los Angeles, CA-- Fleet Maintenance Technician, 2018—2020 • Diagnosed all phases of vehicle and equipment repair • Removed, cleaned, repaired, reinstalled, and adjusted vehicle components (Engine Emission Components, Driveline Component, Electrical/Electronic Components, Brakes, Suspension, Steering, Exhaust, Chassis, Hydraulics) • Ensured work orders were completed accurately • Performed road calls and emergency services as necessary • Communicated professionally with customers, team members, and supervisors • Performed PM inspections on buses as scheduled • Performed CHP inspections University Tire and Auto Service, Los Angeles, CA Automotive Technician, 2017—2019 • Trained incoming automotive technicians on brake repairs consisting of removing calipers and rotors, cleaning wheel hubs and caliper brackets, lubricating brackets, and reassembling brake systems • Supervised technician candidates to ensure that work responsibilities were completed correctly and in a timely manner to keep up with customer traffic • Diagnosed and repaired fleet vehicles by checking for misfires, EVAP leaks, cam and crankshaft sensors, and fluid leaks • Performed multipoint inspection to diagnose vehicle performance and made appropriate maintenance and repair recommendations • Documented all work completed on vehicles to track progress and provided clients with estimated time of completion resulting in customer satisfaction Pedro Velasco Union 3 Auto Service, Los Angeles, CA General Automotive Mechanic, 2014—2017 • Administered engine oil and brake changes on commercial fleet vehicles • Performed basic diagnostic tests on domestic and import vehicles including four, six and eight cylinder engines • Overhauled motors by removing and replacing engines in a timely manner to ensure customer satisfaction • Examined transmissions in order to properly repair and replace units to meet the needs of customers • Inspected cooling systems to properly replace components including water pumps, thermostats, hoses, radiators, and heater cores • Conducted wheel alignments to ensure customer safety by checking for tire wear and vehicle pulling • Made appropriate recommendations for possible suspension malfunctions and upgrades • Replaced vehicle suspension equipment including shocks, control arms, ball joints, tie rods, wheel bearings, as well as rack and pinion Professional Training • Hands-On Electrical Diagnostic • How to Use Your Lab Scope • Gasoline Direction Injection • Diagnosing Modern Chassis Systems • Advanced Break Systems • Engine Performance Diagnostic Strategies Skills and Certifications • All Data • Mitchell OnDemand 5 • ASE Refrigerant Recovery & Recycling • Snap-On Diagnostic Scanner • Hunter Alignment Systems 16ATTACHMENT 16 City of El Monte Transition Schedule First Transit, Inc.18-Feb-2225-Feb-224-Mar-2211-Mar-2218-Mar-2225-Mar-221-Apr-228-Apr-2215-Apr-2222-Apr-2229-Apr-226-May-2213-May-2220-May-2227-May-223-Jun-2210-Jun-2217-Jun-2224-Jun-221-Jul-221 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Contractual Notice to Proceed Contract Negotiations Finalize and Sign Contract Circulate First Transit's Mobilization Plan Introduction of team members for El Monte and First Transit Review plan, contract requirements and expectations Develop and submit detailed work plans to El Monte Organize and Notify Start-Up Team Weekly progress meetings with staff Recruiting & Staffing General Manager On-Site Operations Manager On-Site Safety and Training Manager On-Site Maintenance Manager On-Site Regional Support Team On-Site, as needed Contact numbers, emails, emergency notification tree Recruitment Outreach to Existing Provider's Staff Recruitment Ads Placed in Various Media Open House Recruitment Event Recruitment Visits to Staffing Agencies, etc. Interview Supervisory Team Candidates Interview Dispatch Team Candidates Existing Drivers Hired (Ongoing) New Drivers Hired (Ongoing) Utility Workers/Mechanics Hired DMV Checks Criminal Background Previous Employment Checks Establish drug and alcohol testing location Pre-employment drug testing and physicals Training & Course Development Prepare Training Plan and Materials Prepare Policy Manuals & Employee Handbook Train Operator Trainers Train Supervisors/Dispatchers Train Utility Staff New Operator Training Incumbent Operator Training / Refresher Courses Operations & Administrative Procedures Finalize operating procedures & policies Finalize performance standards Develop goals & objectives Analyze Historical Data to Develop schedules Establish processes for data collection Implement forms for daily operations & reporting Order uniforms Establish payroll and accounting procedures Develop dispatcher/supervisor schedule Confirm Fare Accounting and Pickup Procedures Establish vendor accounts Establish seniority list Maintenance Procedures Establish vehicle history files Internal and external lot circulation, parking, fueling plans Establish PM schedules Setup FirstBase Software (Infor EAM) Identify daily, weekly & monthly report req's Vehicles & Equipment Inspect vehicles prior to initiation of service Arrange vehicles for training Third Party Inspection of Vehicles Acceptance of vehicles Facility IT Infrastructure Requirements and Final Installation Order/Install Additional Communications (phone system, radios, MDT, network) Finalize Maintenance shop layout, parts room Order/Install Maintenance Equipment Order/Install Office Equipment Prepare Reporting Mechanisms Establish emergency & procedural requirements Establish processes for maintenance data collection Finalize Technology Implementation Service Start 17ATTACHMENT 17 Billing City Billing State/P Account Name Type of Service Customer Since Location Closed Phoenix AZ Valley Metro RPTA - City of Tempe FIXE Fixed Route 7/1/2013 Phoenix AZ City of Phoenix - West Fixed Route 10/31/2007 Anaheim CA Anaheim Transportation Network Shuttle 7/30/2014 11/30/2016 Bakersfield CA Kern County, CA Fixed & Para 7/1/1994 12/31/2016 Oceanside CA NCTD - Fixed Route Fixed Route 7/1/2010 6/30/2017 Pomona CA Foothill Transit - Pomona Fixed Route 12/28/2006 6/30/2017 Oceanside CA NCTD - Paratransit Paratransit 3/30/2014 6/30/2017 Turlock CA City of Turlock Fixed & Para 12/1/1975 11/30/2017 San Ramon CA GoMentum Bishop Ranch Autonomous Vehicle 1/25/2017 5/31/2018 Santa Maria CA City of Santa Maria Fixed & Para 7/1/2009 6/30/2018 Torrance CA Torrance Refinery, Inc.Vehicle Services 9/30/2018 Madera CA Central Valley Regional Center (CVRC)Shuttle 9/1/1995 10/30/2018 Madera CA City of Madera Fixed & Para 9/1/1995 10/31/2018 Paramount CA City of Paramount Transit Fixed Route 7/1/1981 2/9/2019 San Jose CA SAIC Motors at University of California, Autonomous Vehicle 11/23/2018 5/31/2019 Concord CA Central Contra Costa Transit Authority (Paratransit 7/1/1990 6/30/2019 Los Angeles CA LADOT DASH - Downtown Fixed Route 10/29/2017 10/31/2019 Los Angeles CA Los Angeles Department of Transportat Fixed & Para 10/29/2017 10/31/2019 Los Angeles CA LADOT DASH - Mid-City, Central Region Fixed Route 10/29/2017 10/31/2019 San Francisco CA Lyft - Toronto MaaS 1/12/2017 6/30/2020 Los Angeles CA Los Angeles World Airports (LAWA) - Pic Shuttle 9/1/2019 10/31/2020 Los Angeles CA Los Angeles International Airport (LAX)Shuttle 7/1/2016 1/25/2021 Sacramento CA Sacramento Airport Shuttle 3/1/2016 3/31/2021 Bellflower CA City of Bellflower, CA FVS Vehicle Services 11/2/2011 San Carlos CA San Mateo County Transit District PARA Paratransit 11/1/2014 Santa Cruz CA City of Santa Cruz Shuttle 7/6/2014 San Diego CA San Diego MTS Para, Mini-Bus and Sorre Fixed & Para 7/1/2000 Arcadia CA City of Arcadia Fixed & Para 9/1/2017 Orange CA Chapman University Shuttle 8/1/2013 Oakland CA East Bay Paratransit Consortium Paratransit 7/1/2002 Visalia CA City of Visalia Fixed & Para 10/1/2018 Vacaville CA City of Vacaville, CA Fixed & Para 8/1/2006 Stanford CA Stanford University Shuttle 1/1/2019 Pasadena CA City of Pasadena Fixed & Para 7/1/2001 Livermore CA Livermore Amador Valley Transit Autho Autonomous Vehicle Monterey Park CA City of Monterey Park Fixed Route 7/1/2015 San Diego CA San Diego MTS Para, Mini-Bus and Sorre Fixed & Para 7/1/2000 Inglewood CA Enterprise Rent-A-Car Company of Los A Vehicle Services 3/1/2011 Cerritos CA City of Cerritos Fixed & Para 7/1/2013 Orange County CA Orange County Transportation Authorit Fixed Route 6/14/2015 San Francisco CA Lyft - San Francisco Bay Area MaaS 5/1/2019 Redding CA Far Northern Regional Center - SHUTTLEShuttle 7/1/1992 Antioch CA Eastern Contra Costa Transit Authority Fixed & Para 7/1/1986 Crescent City CA Crescent City - Redwood Coast Transit A Fixed & Para 7/1/2003 El Monte CA City of San Gabriel Paratransit 7/1/1991 Laverne CA Pomona Valley Transportation Authorit Paratransit 1/1/2014 San Luis Obispo CA City of San Luis Obispo Fixed Route 7/1/2001 San Bernardino CA Omnitrans - San Bernardino Fixed & Para 7/1/2020 Los Angeles CA LADOT Commuter Express Fixed Route Alturas CA Modoc Transportation Agency/Sage Sta Fixed & Para 7/1/2019 Rosemead CA City of Rosemead Paratransit 2/16/2020 Alhambra CA City of Alhambra Fixed & Para 8/1/2019 San Francisco CA Lyft - Los Angeles MaaS 7/1/2019 Merced CA Transit Joint Powers Authority for Merc Fixed & Para 3/1/2020 Santa Cruz CA San Andreas Regional Center (SARC)Paratransit 7/1/1993 Paramount CA City of Paramount FVS Vehicle Services 8/23/2004 San Clemente CA City of San Clemente FVS Vehicle Services 5/1/1994 El Monte CA City of Sierra Madre Fixed & Para 7/1/1997 El Centro CA Imperial County Transportation Commis Fixed & Para 7/1/1997 Los Angeles CA University of Southern California FVS Vehicle Services 7/1/2012 San Mateo CA City of San Mateo Vehicle Services 3/1/1993 Redding CA Far Northern Regional Center - Redi-Rid Paratransit Norwalk CA City of Norwalk Paratransit 2/3/2021 Calexico CA City of Calexico Paratransit 9/2/2008 Pomona CA California State Polytechnic University - Shuttle Rancho Palos VerdCA Palos Verdes Fixed Route Los Angeles CA Los Angeles County Metropolitan Trans MaaS 7/16/2021 Reno NV RTC Washoe County (Reno) Paratransit Paratransit 7/1/2010 6/30/2017 Las Vegas NV Vegas Loop Operations Company, LLC Shuttle 12/15/2020 Las Vegas NV Clark County Department of Aviation at Shuttle 4/1/2007 Carson City NV Carson City, NV Fixed & Para 8/10/2020 Portland OR Gridworks NEMT 6/1/2018 1/2/2019 Portland OR Gridworks - SafeRide NEMT 6/1/2018 2/28/2019 Portland OR Tri-County Metropolitan Transportation Paratransit 2/1/1994 6/30/2021 McMinnville OR Yamhill County Transit Area Fixed & Para 7/1/2012 Portland OR Tri-County Metropolitan Transportation Call Center 2/1/1994 Portland OR Multnomah County Call Center 4/1/2016 Salem OR Oregon Health Authority - Marion Polk NEMT 12/1/2017 Salem OR Oregon Health Authority - TriCounty MeNEMT 1/1/2015 McMinnville OR Yamhill Community Care Organization NEMT 10/1/2015 Portland OR Lyft - Portland MaaS 9/1/2020 Portland OR CareOregon Inc NEMT 2/1/2020 Portland OR Lyft - Portland Bikeshare MaaS 9/1/2020 Portland OR Globe Sherpa Call Center 5/1/2015 Canby OR City of Canby, OR Fixed & Para 7/1/2021 Seattle WA King County Paratransit Call Center 8/1/1998 7/31/2019 Spokane WA Spokane Transit Authority Paratransit 1/1/2020 Lakewood WA Pierce Transit Paratransit 7/1/1999 Everett WA Snohomish County Public Transportatio Fixed Route 6/9/1997 Seattle WA King County Travel Training Call Center Total 18ATTACHMENT 18 PROFESSIONAL OPERATOR DEVELOPMENT PROGRAM PARTICIPANT WORKBOOK UNIT I: Introduction Unit I: IntroductionRedacted due to Proprietary or Confidential Information (PDF Pgs. 256 - 616) 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CONFIDENTIAL 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 38 39 40 41 42 43 44 45 46 47 PROFESSIONAL OPERATOR DEVELOPMENT PROGRAM PARTICIPANT WORKBOOK UNIT II: Fundamentals 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49 50 51 52 • 53 54 55 56 57 • 58 • 59 • 60 61 62 63 64 65 66 67 68 PROFESSIONAL OPERATOR DEVELOPMENT PROGRAM PARTICIPANT WORKBOOK UNIT III: The Operator Unit III: The Operator 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 First Transit Training Workbook – UNIT III THE OPERATOR 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PROFESSIONAL OPERATOR DEVELOPMENT PROGRAM PARTICIPANT WORKBOOK UNIT IV: Transporting Passengers with Disabilities Unit IV: Transproting Passengers with Disabilities 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 23 24 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 PROFESSIONAL OPERATOR DEVELOPMENT PROGRAM PARTICIPANT WORKBOOK UNIT V: Driving Fundamentals Unit V: Driving Fundamentals 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 First Transit Training Workbook – UNIT V DRIVING FUNDAMENTALS 33 First Transit Training Workbook – UNIT V DRIVING FUNDAMENTALS 34 35 36 37 38 39 40 First Transit Training Workbook – UNIT V DRIVING FUNDAMENTALS 42 43 44 45 46 47 48 50 51 52 First Transit Training Workbook – UNIT V DRIVING FUNDAMENTALS 53 54 55 56 57 58 59 60 61 62 63 65 Employee Handbook A FirstGroup America Company Amended: February 2019 1 From the desk of Brad Thomas, President Dear Colleagues, Welcome to First Transit, a FirstGroup America Company. We are delighted you have chosen to make a career in transportation with First Transit. No matter your position within our organization, you are an integral part of the First Transit team. For more than 60 years, we’ve attracted and retained top industry professionals who have helped us become the leading public transportation provider in the nation. Our employees remain committed to our vision and values, as well as contribute to the overall success of the company. Our business is diverse with a portfolio that consists of fixed-route, ADA paratransit, university, business and airport shuttle services, rail, call centers, fleet maintenance, facilities management, and Autonomous Vehicle operations. It has been, and will continue to be, an entrepreneur organization – always looking for new business opportunities. In order for us to remain the leader in public transportation and technology, we must continue to anticipate and respond to the market – giving customers what they want and have come to expect from us for their transportation needs. As a company that places safety as our number one priority, each of us must embrace safety as a personal core value to deliver safe, reliable service to our passengers. Together we must Think Safe, Act Safe, and Be Safe. In keeping with our value of Supportive of Each Other, First Transit firmly believes in providing a workplace that is free from discrimination and harassment and provides the best possible work environment for all our employees. The Employee Handbook that follows outlines our policies and guidelines necessary for you to know and understand. Each of us, individually and as a collective team, must strive to work toward these expectations and support our core values of: • Committed to our Customers • Dedicated to Safety • Setting the Highest Standards • Accountable for Performance • Supportive of Each Other Our values lead us through our strategy and create the common language for all of us. Use them as you work to improve safety, workplace performance and find ways to delight our customers and grow this company. We ask that you carefully review this handbook and speak to your manager if you have questions regarding our policies and guidelines. Thank you for being part of First Transit team. We are glad you are here. ` Brad Thomas President, First Transit 2 Table of Contents Our Vision----1 Message from the President---- 2 Table of Contents---- 3 A History of Innovation and Excellence---- 6 Notices and Limitations---- 9 Introduction---- 10 Section 1 – Equal Employment Opportunity---- 11 A. Equal Opportunity Employer---- 11 B. Harassment Free Workplace---- 12 C. Policy Against Retaliation---- 14 D. Discrimination, Harassment and Retaliation Reporting Procedure---- 15 Section 2 – Employment Practices---- 17 A. Whistleblowing Policy---- 17 B. Employment Eligibility Status and E-Verify---- 18 C. Performance Evaluations---- 18 D. Career Pathing---- 18 E. Employee Transfer Requests---- 19 Section 3 – Safety, Environmental and Security---- 20 A. First Transit Safety Policy---- 20 B. Drug and Alcohol Policy---- 20 C. First BeSafe Principles---- 21 D. BeSafe---- 22 E. Personal Protective Equipment (PPE) and High Visibility Apparel---- 23 F. Parking---- 23 G. Personal Safety---- 23 H. Risk Assessment---- 24 I. Prevention of Workplace Violence---- 25 Section 4 – Wage and Hour---- 28 A. Payroll Policy Statement & Procedure---- 28 B. Payroll Integrity Policy---- 28 C. Employee Classification---- 29 D. Overtime---- 30 E. Meal and Rest Breaks---- 30 F. Lactation Accommodation---- 30 G. Garnishment Fees---- 30 H. Payday---- 30 I. Deductions---- 31 J. Direct Deposit---- 31 K. Employee Self-Service---- 31 L. Reporting Errors---- 31 M. Change of Personal Status---- 32 Section 5 - Benefits---- 33 A. Health and Welfare---- 33 B. Years of Service---- 34 C. Vacation---- 34 D. Minimum Hours Worked---- 34 3 E. Employee Discount Program---- 34 F. Sick Leave---- 35 Section 6 – Attendance, Leaves and Accommodation---- 36 A. Attendance---- 36 B. All Leave to Run Concurrently---- 37 C. Family and Medical Leave Act---- 37 D. Military Leave---- 40 E. Leave of Absence Without Pay---- 41 F. Transitional Duty---- 42 G. Reasonable Accommodation---- 43 H. Religious Accommodation---- 44 I. Other Leaves of Absence----44 Section 7 – Policies and Procedures---- 45 A. Freedom of Association Policy ---- 45 B. HIPAA Compliance Plan---- 46 C. Introductory Period---- 47 D. Solicitation and Distribution of Literature---- 47 E. No Smoking Policy---- 47 F. Personal Messages---- 48 G. Personal Appearance---- 48 H. Exit Interviews---- 49 I. Use of Cell Phones and Other Electronic Devices---- 49 J. Company Property---- 50 K. No Expectation of Privacy---- 51 L. Use of Company Equipment and Resources---- 51 M. Contact with the Media---- 54 N. References and Employment Verifications---- 55 O. Use of Company/Client Vehicles---- 55 P. Gifts---- 55 Q. Use of Company Credit Cards---- 55 R. Outside Employment---- 56 Section 8 – General Rules and Employee Relations---- 57 A. Employee Requirement to Meet Company Standards---- 57 B. Duty to Report Law Enforcement Actions---- 58 C. General Operations Information---- 58 D. Open-Door Policy---- 58 E. Accident Review Committee---- 59 F. Placement of Relatives---- 60 G. Visitors---- 61 H. Travel---- 61 I. Unemployment---- 61 J. Political Activity---- 61 Section 9 - Performance Code---- 62 A. Class 1 Infractions – Dischargeable Offenses---- 62 B. Class 2 Infractions---- 66 C. Class 3 Infractions---- 67 D. Class 4 Infractions---- 67 E. Disciplinary Actions and Personal Conduct---- 68 4 Section 10 - Operators and Safety Sensitive Employees---- 70 A. Operating Procedures---- 71 B. Vehicle Accidents and Incidents---- 71 C. Passenger Relations---- 72 D. Farebox Responsibilities and Procedures---- 73 E. Radio Communications---- 74 F. Americans with Disabilities Act---- 74 G. Required Notifications---- 76 H. Discipline for Traffic Violations and Preventable Accidents---- 78 Section 11 - Medicaid Fraud, Waste, and Abuse---- 81 A. Fraud and Abuse---- 81 B. Healthcare Fraud and Abuse Laws---- 83 C. False Claim Laws---- 83 D. Fraud and Abuse Laws---- 85 E. Duty and Report Wrongdoing---- 86 Employee Acknowledgement and Receipt---- 90 Complaint Reporting Form---- 92 FMLA Poster---- 93 Useful Contact Information---- 94 Ethics Hotline Reporting Poster---- 95 5 A History of Innovation and Excellence 6 First Transit has been a leader and innovator in transportation for over 60 years, including our predecessor companies American Transportation Enterprises, ATE Management & Service Co. and Ryder/ATE. 1955 American Transportation Enterprises is founded. 1969 American Transportation Enterprises continues operations under the newly formed ATE Management & Service Company. Former American Transportation Enterprise managers form ATE Management & Service Company to provide management services. 1985 ATE Management & Service Company operates their first paratransit system in North America. 1986 Ryder acquires ATE Management & Service Company to form Ryder/ATE. Ryder/ATE acquires Managed Logistic Systems (MLS) to create Ryder/MLS. 1993 Ryder Student Transportation Services and Ryder/ATE combine to form Ryder Public Transportation Services. 1999 FirstGroup plc acquires Ryder Public Transportation Services, creating First Student, and First Transit, including First Vehicle Services. 2004 First Transit manages and operates over 115 contracts with public transit organizations in 26 states. 2007 First Transit acquires Cognisa, a transportation company specializing in shuttle services. First Transit manages and operates 153 systems in 42 states, Canada, and Puerto Rico for transit authorities, state departments of transportation, federal agencies, municipal organizations, and private companies. FirstGroup plc acquires Laidlaw International, Inc., subsequently joining Laidlaw Transit with First Transit. First Transit operates 235 locations — in nearly every State and Puerto Rico. First Transit’s, now with a workforce of 13,000 employees, operate 6,700 buses that cover over 260 million annual fleet miles. 2008 One-year anniversary of the FirstGroup acquisition of Laidlaw International, Inc. FirstGroup now employs more than 100,000 employees across North America, operates over 70,000 vehicles in 45 states and in nine Canadian provinces. FirstGroup America leads transit industry safety standards with company-wide ban on cell phone use while driving, implementing a Zero Tolerance Policy towards Cell Phone Use. 2009 Brad Thomas appointed as President of First Transit and First Vehicle Services. 7 2012 First Transit partners with United States Army’s Partnership for Youth Success (PaYS) to offer employment within the organization for military personnel returning or retiring from service. 2015 First Transit expands operations to Panama to provide transit management for the government of Panama’s bus system, MiBus. First Transit Awarded first bus rapid transit (BRT) contract by Connecticut Department of Transportation (CTDOT) to operate CTfastrak, the state’s first BRT system. 2016 First Transit announces the first shared autonomous vehicle (SAV) passenger shuttle pilot in North America at Bishop Ranch in San Ramon, CA. First Transit wins first rail contract in North America with the Denton County Transportation Authority (DCTA) providing operations and maintenance service for the DCTA A-train commuter rail line. First Transit awarded first contract in India to operate employee shuttle buses at the Hinjewadi Techzone IT Park in Pune. 2017 First Transit awarded the DASH Downtown and Mid-City fixed-route service for the Los Angeles Department of Transportation (LADOT). First Transit receives the International Standards Organization (ISO) 9001:2015 Quality Management System (QMS) certification for the operation and maintenance of the Denton County Transportation Authority (DCTA) A-train commuter rail system. First Transit operates the first SAV service open to passengers in the United States in Arlington, TX. This SAV transports passengers during events at AT&T Stadium and Globe Life Park. First Transit signs exclusive partnership with GoMentum Station in Concord, CA. GoMentum Station is a 5,000-acre facility and one of ten federally designated AV testing sites in the U.S. 2018 First Transit Announces partnership with Minnesota Department of Transportation (MNDOT) to support a shared autonomous vehicle (SAV) roadshow. The SAV stopped at multiple cities in MN, testing vehicle performance in extreme winter conditions, including the state capitol, 3M World Headquarters, and Minneapolis for the week of the Super Bowl. First Transit partners with Livermore Amador Valley Transit Authority (LAVTA) in Dublin, CA, to test SAVs as a first mile/last mile solution for commuters traveling between a transit station and their homes. First Transit awarded TransLink HandyDART operation in Vancouver, Canada. This turnkey paratransit operation is 320 fleet vehicles operating from five locations across the service area. First Transit provides operations, maintenance, and consulting for more than 330 locations across North America in 39 states, Canada, Puerto Rico, Panama, and India. 8 Notices and Limitations • The First Transit Employee Handbook (Handbook) is not intended to be an employment contract or agreement, nor does it contain promises or commitments of any kind to employees. The contents should not be construed otherwise. Any references to, or discussion of, matters related to employment shall not be treated as a contractual agreement or guarantee of employment. • This Handbook supersedes all previous Handbooks and any inconsistent verbal or written policy statements made or issued before this Handbook. The Company reserves the right to add to, modify, revoke and/or interpret any of the policies or procedures in this Handbook at any time at its sole discretion without notice. Our failure to adhere to any provision of this Handbook does not create rights nor constitute a waiver. • The employment relationship established with the Company is terminable at will (except for employees covered by a Collective Bargaining Agreement), by either the employee or the Company, at any time, for any reason, with or without cause. The contents of this Handbook shall not be construed as creating a right to employment for any specific period of time. No manager has any authority to enter into a contract of employment expressed or implied that changes or alters the at-will employment relationship. Only the President of the Company has the authority to enter into an employment agreement that alters the at-will employment relationship and any such agreement must be in writing and signed by the President of the Company. • This Handbook applies to employees represented by a labor union, only to the extent that the Handbook’s provisions are not in conflict with a specific term or condition stated in the applicable Collective Bargaining Agreement (CBA). To the extent that the Handbook is in conflict with a term or condition of the employee’s applicable CBA, the provision in the CBA shall take precedence. • Where provisions in this Handbook are in conflict with applicable law, including state or local statutes, the state or local laws prevail and the Company will comply with those laws. • No person is authorized to make oral exceptions to this Handbook and written exceptions are permitted only when signed by the President of First Transit. • Nothing in this Handbook is intended to violate any local, state or federal law. Nothing in this Handbook or in any other document or policy is intended to limit any concerted activities by employees relating to their wages, hours or working conditions, or any other conduct protected by Section 7 of the National Labor Relations Act. Nothing in this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), Securities and Exchange Commission (“SEC”) or any other federal, state or local agency charged with the enforcement of any laws. • The purpose of the Employee Handbook is to provide you information about First Transit’s employment practices and the expectations that we have concerning our employees. The Handbook is intended to serve as a reference tool for all employees and to provide guidance concerning many essential employment matters. Violation of any First Transit policy and/or procedures puts your employment at risk. 9 Introduction The First Transit Employee Handbook (Handbook) establishes standards for employment, operating efficiently, and delivering world class safety and customer service for FirstGroup America and its subsidiaries and affiliates (First Transit). This is your personal copy. These First Transit policies, practices and regulations should assist all employees in their day-to-day relationships with the public and the Company. Its goal is to make First Transit employees aware of the nature and scope of their responsibilities as a transportation provider, thereby creating a better understanding and working relationship between employees, clients, and passengers. Each employee is responsible for learning and understanding the rules, consequences and discipline outlined in this Handbook. This is a living document and your input is sought and desired. Please feel free to bring any questions or concerns to management’s attention. All employees shall fully comply with the laws and regulations that apply to the Company and its employees. When the application of such laws or regulations is uncertain, employees shall seek the guidance and advice of the Human Resources Department. No employee shall at any time take any action on behalf of the Company that is known to violate any applicable law or regulation. While the Handbook provides policies and guidelines to all employees, employees are also subject to all other policies and guidelines governing employees of First Transit (Company) as periodically published. Employees must be familiar with the contents of the Handbook and ensure their performance and conduct conforms to the contents. Also, employees may be subject to additional local policies and guidelines. If a situation arises with respect to the Handbook and its contents about which an employee may have a concern or question, the matter should be promptly reviewed with the employee’s manager, Region Human Resources Manager/Director, contact the Ethics & Compliance Hotline at ethicsfirst.ethicspoint.com, call the hotline number at 1.877.3CALLFG (1.877.322.5534) or email Compliance@firstgroup.com. Your commitment to safety, efficiency, economy, customer service and demonstration of a positive image are essential to maintain the highest quality standards of First Transit. We are pleased that you have joined our team and invite you to share and help further our professional approach to the transportation industry. W e l c o m e t o F i r s t T r a n s i t ! 10 Section 1 Equal Employment Opportunity A. Equal Opportunity Employer First Transit is an equal opportunity employer and is committed to providing a work environment that values diversity and promotes equal employment opportunity. First Transit strongly believes in offering work-related opportunities based solely on qualifications and business necessity, without regard to race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status or any other consideration prohibited by applicable law. First Transit’s commitment to providing equal employment opportunity applies to every applicant and employee and First Transit prohibits unlawful discrimination by anyone, including managers, officers and co-workers and third parties doing business with or for First Transit, such as customers or vendors. All employees are expected to treat one another with the same professionalism as one would like to receive from others such that all employees can enjoy a work environment free of harassment, intimidation, and discrimination. In addition to hiring, all other terms and conditions of employment must be administered without unlawful discrimination, including without limitations, promotions, salary increases, benefits and on-the-job training. Any employee or applicant who believes that they have been subjected to or witnessed any kind of discrimination or believes this policy has been violated or is not being properly implemented should follow the Reporting Procedure set forth in the Company’s Discrimination, Harassment and Retaliation Reporting Procedure Policy below. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, even if it does not rise to the level of prohibited discrimination, will be subject to disciplinary action, up to and including termination. Employees should note that they may be held personally liable for any acts of unlawful discrimination. Retaliation for complaining about SECTION 1 Equal Opportunity Employment 11 discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company’s Policy Against Retaliation set forth below. B. Harassment Free Workplace General Policy Against Unlawful Harassment First Transit is committed to providing a work environment free of prohibited harassment. Harassment because of race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status or any other consideration prohibited by applicable law is strictly prohibited and will not be tolerated. First Transit’s anti-harassment policy applies to all persons involved in the operation of the Company, regardless of their position, and prohibits harassment, even if it does not rise to the level of being unlawful. This policy applies to all employees of the Company, including managers, officers and co-workers and third parties doing business with or for First Transit, such as customers, visitors and vendors. Harassment does not require the loss of some tangible economic benefit but includes behavior that creates a hostile or threatening work environment. The Company prohibits such conduct, even if the conduct is not sufficiently severe or pervasive to constitute unlawful harassment. If such harassment occurs in the workplace by someone not employed by the Company, the procedures in this policy should be followed. For purposes of this policy, the workplace includes: actual worksites, any setting in which work-related business is being conducted (whether during or after normal business hours), company-sponsored events, or company owned/controlled property. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, even if it does not rise to the level of prohibited harassment, will be subject to disciplinary action, up to and including termination. Employees should note that they may be held personally liable for any acts of unlawful harassment. Retaliation for complaining about discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company’s Policy Against Retaliation set forth below. Sexual Harassment Defined For purposes of this policy, sexual harassment is defined to include unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when: • Submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment • Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates a hostile or threatening working environment 12 Sexual harassment includes various forms of offensive behavior based on sex. The following is a non-exhaustive list of the type of conduct prohibited by this policy: • Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates). • Offering employment benefits in exchange for sexual favors. • Making or threatening reprisals after a negative response to sexual advances. • Visual conduct: leering, staring, making obscene or sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars, posters, websites, emails or text messages. • Verbal conduct: making or using sexually derogatory comments, innuendos, epithets, slurs, sexually explicit jokes, or comments about an individual’s body or dress, whistling, making suggestive or insulting sounds. • Verbal and/or written abuse of a sexual nature, graphic verbal and/or sexually degrading commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other social media postings. • Physical conduct: touching, assault, or impeding or blocking normal movements. • Retaliation for making reports or threatening to report sexual harassment. The above list of examples is not intended to be all-inclusive. Federal, state, and local governments protect against sexual harassment and provide for various remedies. There are additional applicable laws in a variety of jurisdictions. Other Types of Unlawful Harassment Defined Harassment on the basis of any legally protected status is prohibited, including harassment based on race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status, or any other consideration prohibited by applicable law. Unlawful harassment in employment may take many different forms. Examples include, but are not limited to: • Verbal conduct including taunting, jokes, threats, derogatory comments, vulgar, profane, or threatening comments or slurs based on an individual’s protected classification, including racial slurs and jokes • Visual or written conduct such as statements or images in posters, cartoons, photos, drawings, calendars, websites, e-mails, text messages or publications that are harassing based upon any legally protected characteristic • Physical conduct such as assault, blocking normal movement, restraint, touching or other physical interference with work directed at an individual because of an individual’s protected status • Threats and demands to submit to certain non-work-related conduct or perform certain non- work-related actions to keep or get a job, to avoid some other loss, or as a condition of job benefits, security or promotion because of an individual’s protected status Preventing Harassment Preventing harassment, including but not limited to, sexually offensive conduct, requires increased awareness by everyone of the impact their conduct might have on others. Employees should be 13 sensitive to cultural differences that may exist in the workplace. What one employee thinks is proper conduct might be viewed as inappropriate by another. It is no excuse that the alleged offender “meant no harm” or “was just kidding.” Manager’s Responsibility All managers are responsible for: • Implementing this policy, which includes, but is not limited to, taking steps to prevent harassment and retaliation; • Ensuring that all employees under their supervision have knowledge of and understand this policy; • Promptly reporting any complaints to the designated Human Resources Representative so they may be investigated and resolved in timely manner; • Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance with this policy; and • Conducting themselves, at all times, in a manner consistent with this policy. Failure to meet these responsibilities may lead to disciplinary action, up to and including termination. Any employee or applicant who believes that they have been subjected to or witnessed any kind of harassment or believes this policy has been violated should follow the reporting procedure set out in the Company’s Discrimination, Harassment and Retaliation Reporting Procedure Policy. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, will be subject to disciplinary action, up to and including termination. Retaliation for complaining about discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company’s Policy Against Retaliation set forth below. C. Policy Against Retaliation It is a policy of First Transit to fully support any employee who reports actual or perceived discrimination, harassment or unlawful conduct. Retaliation for complaining about discrimination, harassment or retaliation, or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. In other words, employees are protected for speaking up in good faith if they believe discrimination, harassment or retaliation has taken place, and from providing information related to such complaints, even if the complaint is ultimately not substantiated. Any manager, or co-worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint will be subject to discipline and/or termination. Some examples of what may constitute retaliation may include: denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, termination, negative evaluations, reprimands and harassment. The above list of examples is not intended to be all-inclusive. 14 Any form of retaliation for speaking up about perceived bias, harassment or discrimination, or retaliation for providing information related to any investigation into such matters, is a separate violation of the Company’s Harassment Free Workplace Policy and the Company strictly prohibits such conduct. Such conduct may also be unlawful. If you believe that you have been subjected to retaliation by a co-worker, or manager, or believe another individual has been subject to retaliation, you should promptly report the matter using the Company’s Discrimination, Harassment and Retaliation Reporting Procedure Policy set forth immediately below. D. Discrimination, Harassment and Retaliation Reporting Procedure Any employee or applicant who believes that they have been subjected to or witnessed any kind of discrimination, harassment, retaliation, coercion, or intimidation by anyone, whether by an officer, co-employee, a customer or vendor, or a member of our management, should report it immediately. Complaints may be made verbally, or in writing, to the employee’s manager or with Region Human Resources by calling the confidential Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. Complaint reporting forms are available. Employees are not required to report any prohibited conduct to a manager who may be hostile, who has engaged in such conduct, who is a close associate of the person who has engaged in such conduct, or with whom the employee is uncomfortable discussing such matters. Employees will not be retaliated against for submitting a good faith report under this policy or cooperating in an investigation. Employees are encouraged, but not required, to communicate to the offending person that his/her conduct is offensive and unwelcome. Any manager who receives either a verbal or written, formal or informal complaint must immediately notify the Human Resources Department after receiving the complaint. All complaints will be thoroughly and objectively investigated. The investigation may include interviews of individuals believed to have information regarding the alleged conduct. Such complaints or investigations will remain confidential to the extent possible and permitted by law. For instance, the Company may need to disclose certain information to investigate a matter and disclose corrective measures taken. If the investigation reveals that a violation of the Company’s non-discrimination, anti-harassment or anti-retaliation policy or other inappropriate conduct has occurred, then the Company will take prompt corrective action, including discipline up to and including termination, as appropriate under the circumstances, and regardless of the job position of the parties involved. The Company may discipline an employee for any inappropriate conduct discovered in the investigation regardless of whether the conduct amounts to a violation of law. If the person who engaged in the harassment, discrimination or retaliation is not employed by the Company, then the Company will take whatever corrective action is reasonable and appropriate under the circumstances. Appropriate action may also be taken to deter any future discrimination, harassment or retaliation prohibited by this policy. If a complaint cannot be substantiated, the Company may take appropriate action to reinforce its commitment to providing a work environment free from harassment. 15 It is the obligation of all employees to cooperate fully in the investigation process. In addition, disciplinary action may be taken against any employees who attempts to discourage or prevent any employee from using the Company’s complaint procedure to report misconduct or who provide knowingly false information during an investigation. The initiation of a good faith complaint of harassment or retaliation will not be grounds for disciplinary action, even if the allegations cannot be substantiated. Any individual who makes a complaint that is demonstrated to be intentionally false may be subject to discipline, up to and including termination. Complaints may be made anonymously using the Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. 16 Section 2 Employment Practices A. Whistleblowing Policy First Transit is committed to conducting our business with honesty and integrity, and we expect all staff to maintain high standards in accordance with our Code of Business Ethics. However, all organizations face the risk of things going wrong from time to time, or of unknowingly harboring illegal or unethical conduct. The Company encourages employees to speak up and raise questions and concerns promptly about any situation that may violate our Code of Business Ethics, our policies and procedures, or the laws, rules, and regulations that govern our business operations. If you have any questions or concerns related to any conduct or activities that you believe may violate our Code of Business Ethics, our policies and procedures, or the laws, rules, and regulations that govern our business operations, including but not limited to, any suspected wrongdoing or danger affecting any of our activities, you should report it under this policy. Reference the employee portal, posted policy or see your manager for details regarding the Whistleblowing policy. We hope that in many cases you will be able to raise any concerns with your manager. You may tell them in person or put the matter in writing if you prefer. They may be able to agree a way of resolving your concern quickly and effectively. However, where the matter is more serious, or you feel that your manager has not addressed your concern, or you prefer not to raise it with them for any reason, you can either raise it with your manager’s manager, or your Region HR manager. Employees may also directly file a written or verbal complaint by calling the confidential Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. Managers are charged with assuring that they and their staff comply with the whistleblower protections and that no retaliation occurs because of a reported safety related issue. SECTION 2 Employment Practices 17 For more information on Whistleblowing refer to FirstGroup’s Whistleblowing Policy. Nothing in this policy, our Whistleblowing Policy, or this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission or any other federal, state or local agency charged with the enforcement of any laws. B. Employment Eligibility Status and E-Verify U.S. law requires companies to employ only individuals who may legally work in the United States and who comply with applicable immigration and employment law. First Transit participates in the E-Verify program. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. As a condition of employment, every individual must provide satisfactory evidence of his or her identity and legal authority to work in the United States within 3 business days of commencing employment. If the employee cannot verify his or her right to work in the United States within 3 business days of employment, the Company will be required to terminate his/her employment immediately. The Company will not employ any individual ineligible to work under applicable immigration laws. Employees are required to immediately inform the Company of any change in employment status. C. Performance Evaluations First Transit may periodically conduct Performance Evaluations of employees. The frequency and type of evaluation depends on the position. A positive performance review does not guarantee a wage increase or a promotion. These decisions are made at the discretion of the Company and depend on several factors in addition to an employee’s individual performance. We reserve the right to make any workforce changes (including termination) before or after performance evaluations. D. Career Pathing First Transit posts open positions. The posting will include a job title and description, job requirements/qualifications and information on how to apply for the position. Visit the FirstGroup Careers site at https://apply.internal.firstgroupcareers.com to see a listing of open positions and to apply online. Questions can be directed to the Talent Acquisition team at 513.419.3222. In some circumstances, the Company may choose to not post a position. Whenever possible, First Transit jobs will be filled by current First Transit employees who meet all job requirements and are the most qualified candidate for the position. First Transit offers an online library to assist employees with their professional development goals through First America University: http://firstuniversity.skillport.com. Eligibility for online learning programs varies by job role. Assigned course work, found in Employee Learning Plans, are to be completed while at work, and on company time. Courses of a general nature or non-assigned 18 courses are also available on your own time and are provided as a benefit to employees in office and managerial roles, who want to professionally develop in areas outside of company required learning. For more information contact: OnlineLearning@firstgroup.com E. Employee Transfer Requests Employees may request transfers from one Company location to another. Employees who would like to be considered for transfer to another location should contact location management for information on the location transfer process. Please refer to your location Manager, location Human Resources Representative, or the internal careers website for location openings. A benefit of working with First Transit is the ability to transfer between locations. We cannot guarantee that transfer requests will be granted. Pay and Benefits may change between locations. Agreement to transfer is dependent upon business necessity at both the current and new work locations and the employee’s work performance, as well as whether the employee meets all job requirements of the position and is the most qualified candidate for the position. When an employee elects to transfer to a new location and the transfer request has been approved by both current and new work managers, the original date of hire from the current location will be maintained with the HRIS/Payroll system kept as relating to years of service toward vacation entitlement (if applicable) and service awards eligibility (if applicable). 19 Section 3 Safety, Environmental, and Security A. First Transit Safety Policy First Transit will not perform any service, transport or use a product, unless it can be done safely. First Transit, requires all employees to perform their duties safely and with concern for the safety of our passengers, other employees and the public. Management is committed to providing a safe workplace, the proper training, protective equipment, and a work environment conducive to safe practices and policies. Management believes that working safely promotes quality, productivity and profitability. Prevention of collisions and personal injuries is of critical importance to the everyone. The Company is committed to on-going safety processes to help employees work safely at all times. Safety protects our most important asset....our people. B. Drug and Alcohol Policy First Transit supports the policy of a drug-free workforce and does not tolerate any violation of our Drug & Alcohol Policy. The Drug & Alcohol Policy has been prepared, published, and distributed to all employees and contains the complete details of the drug and alcohol programs, including federally required testing and compliance. The Policy, as mentioned briefly here, has been provided to each employee and is incorporated into the Employee Handbook by reference. A copy of the Policy is available at every Company location, and from any manager in the Company. The purpose of this Policy is to assure employee fitness for duty and to protect our employees, customers, and the public from the safety and health risks posed by the misuse of alcohol and the illegal use of drugs. Any violation of the Policy may result in further disciplinary action, up to and including termination for a first offense. SECTION 3 Safety, Environmental and Security 20 Illegal use of drugs includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The “use” of drugs means presence in an employee’s body system while on duty. A positive test is sufficient to support a finding of “use.” Please refer to the Company’s Drug and Alcohol Policy in its entirety for a complete understanding of the program. If you or location management has additional questions about the Drug and Alcohol Policy, contact your National Drug and Alcohol Program Administrator at 1.513.684.8736. C. First BeSafe Principles The First BeSafe Principles provide the basic truths or fundamental laws about working safely in our workplace and on our vehicles. The First BeSafe Principles are designed to work with the BeSafe Program explained below in BeSafe section. All First Transit employees are expected to adopt these principles and put them into practice at all times, so together we may create a safe work environment free from injury to ourselves, our co- workers and our passengers. The motto for the First BeSafe Principles is: “Think Safe, Act Safe, BeSafe.” This motto is your instruction to work safely at all times. If you feel you cannot perform a task safely, do not perform the task. Stop and immediately advise management of issues preventing you from working safely and what is required to ensure your safety. Listed below are the BeSafe principles: • Prevent injury to myself and others Be aware of any hazardous condition or practice that may cause injury to people, damage to property, or the environment. Use your BeSafe Handbook to record and report. • Perform all necessary safety checks and risk assess my work area and job before I do any work Speak to your manager before you start work if you are unsure of required safety and risk assessments. • Follow all safety procedures, signs and instructions If you do not understand, speak to your manager before you start work. • Keep my work area clean and tidy at all times Untidy areas could cause injury to you or to your colleagues and waste time and energy. • Wear my protective clothing and equipment as required Keep it in good working order, wear it correctly and ask for a replacement if it becomes damaged or unfit for your use. 21 • Use only the correct tools and equipment that I am authorized and trained to use for the job Check that they are in good condition before use and use them safely. • Only adjust and repair any piece of work equipment if I am trained and authorized to do so Never modify any equipment that changes the designed use of the equipment or alters a safety feature. • Assess any load and my capability to move it before lifting Make sure you get help with any heavy or awkward items and follow the correct lifting techniques. • Report all injuries, incidents and near misses to my manager Seek help immediately and first aid (if necessary). • Tell my manager if I have any suggestions to prevent injuries in my work place Make a note of your suggestions and discuss with your manager. D. BeSafe The main purpose of BeSafe is to reduce collisions and injuries by increasing the communications between employees and managers about safety. As part of the BeSafe process you are encouraged to initiate reports of any near miss, route and security hazards or any unsafe condition. When you make a report to your manager about a safety or security concern, your manager will investigate the concern and follow-up with you regarding the resolution of the report. The Company will not retaliate against or impose any other form of retribution on any employee because of his or her good faith reporting of a safety issue/concern, another person’s suspected violation of Company policies or guidelines, or any alleged violations of federal, state or local laws. Our managers initiate conversations with employees about their observations of both safe and unsafe behaviors. A quality discussion about safety benefits all parties and will lead to safer behaviors for our employees and passengers. As part of the BeSafe initiative, each employee will be issued a BeSafe Handbook to carry with them at all times while they are on duty. The BeSafe Handbook must be carried in either the clear plastic pouch with the safety lanyard and worn around the neck or inserted in the clear plastic pocket on the new style safety vests. The BeSafe Handbook contains a “Safety Contact” pad which is for use by the employee for documenting and reporting safety, route and security concerns. If an employee is involved in a near miss or a “close call” we are asking for their help in reporting the event so we all may learn the lessons from it and perhaps prevent a collision or injury from occurring. When an employee observes an item on their route which in their opinion creates a safety or security hazard we are asking for their help in bringing it to their manager to discuss. If the safety or security hazard requires immediate attention, notify dispatch. 22 E. Personal Protective Equipment (PPE) and High Visibility Apparel Personal Protective Equipment (PPE) must always be used when and where appropriate. Reflective Safety Vests or Company issued High Visibility Uniform Shirts are to be worn by all employees and visitors while they are pedestrians in the bus yard, employee parking lots and at any time they are exposed to vehicle traffic. In addition, vests are to be worn by employees while outside a vehicle on public streets or at Transit Centers while performing their various responsibilities (e.g., putting out reflective triangles, assisting passenger loading, driver exchange, and foot traffic to break or rest areas). Failure to properly adhere to this policy will be considered a serious safety violation and will result in severe disciplinary action up to and including termination. F. Parking First Transit shall not be liable for any damage to personal vehicles at the workplace that may be caused by another party. All employees must reverse park buses and personal vehicles, unless the location has received a waiver from their Regional Safety Manager. G. Personal Safety We care about you and your personal safety and will do everything possible to provide you with a safe work environment. If you are injured during your work, you should report immediately to your manager for first aid treatment, but, no later than 24 hours, no matter how slight the injury. If your injury is of a serious nature and requires further attention, you will be taken to the nearest qualified treatment center. All compensable claims will be paid by our claims administrator. Every employee will have personal protective equipment (PPE) and safe work methods required for certain tasks in his/her job. It is the responsibility of the employee to use that equipment and follow the safe work methods as instructed. Failure to do so may lead to injury for the employee and/or others. It is a violation of Company policy to not use the required equipment provided for certain tasks. Any employee, vendor and visitor on Company property shall wear the Company-issued “reflective safety vest” or high-visibility clothing when walking on Company property outside of our buildings. Where designated pedestrian walkways are marked, they should be utilized at all times when walking in our bus yards. Only Authorized Employees are allowed in a First Transit maintenance shop. When required to enter, all other employees and persons will remain behind the yellow lines in the safe area and will leave immediately when asked by a shop employee or manager. WORKING SAFELY IS A BEHAVIOR, not a thought. Each employee is responsible for his/her own safety and that of others around him/her. No employee is exempt from the Company’s BeSafe Principles and safe work rules. As an employee of First Transit you are expected to tell others when you see them not using protective equipment and/or not following a safe work method, or if not comfortable doing so, then to your manager. A safe workplace requires ALL employees’ cooperation and acceptance of responsibility. 23 Right to Know: Employees The Occupational Safety and Health Administration (OSHA) requires that all employers advise their employees, through written communications and formal training, of: • Potentially hazardous materials within the work site • Precautionary measures which must be taken to avoid a chemical release into the environment and employee exposure to that release in the event it occurs • Proper, safe methods of spill control and clean up Each employee has a right to know: • Of any operations in his/her work area where toxic or hazardous chemicals are present • These details about hazardous materials in his/her work area: o Which one(s) he/she may handle o Where to find information about the materials o How to safely handle those materials o How to react in case of an uncontrolled release of those materials o How to protect yourself from hazardous materials in all situations within the location Your location must: • Have a written hazard communications program (HCP) that describes how the HCP will be implemented • Conduct training of all employees so they will know about hazardous materials in their work areas • Ensure that all hazardous material containers (both primary {manufactured} and secondary {miscellaneous buckets/containers} are properly labeled) • Ensure Safety Data Sheets are available to employees Each new employee must receive initial training at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets. H. Risk Assessment All employees who perform maintenance and repairs to vehicles within transit centers and bus yards or on road calls shall complete a Risk Assessment prior to performing any work on a vehicle. The Risk Assessment process requires employees about to perform a maintenance task to confirm they possess the training, skills, knowledge, abilities, tools, and equipment to safely perform the task at hand. All employees who perform maintenance and repairs to vehicles shall complete a Risk Assessment form by assessing: • Are You Properly Trained to Perform the Task? • If Task Requires Lifting, Are Lifts Secured, Are Jack Stands Used Correctly? 24 • Are You Wearing the Appropriate PPE? • Have You Performed the Proper LOTO? • Are You Aware of the Potential Risks of Performing this Repair? If the answer is “NO” to any of the above assessments the technician is to immediately contact their manager. I. Prevention of Workplace Violence At First Transit, a safe work environment is fundamental to the success of our employees and our Company. Each First Transit employee has the right to expect that he/she is free from threatening, or dangerous behaviors and practices while working for the Company. Threats or acts of violence— including intimidation, bullying, physical or mental abuse and/or coercion—that involve or affect Company employees or that occur on Company Property will not be tolerated. Company Property includes owned, leased, or occupied office or maintenance locations, parking areas, and Company vehicles. This also extends to Company employees on the property of our customers or suppliers. The prohibition against threats and acts of violence applies to all persons involved in the operation of the Company, including, but not limited to, Company employees and other personnel, contract and temporary workers, consultants, contractors, customers, vendors, visitors and anyone else on the Company’s premises or in Company vehicles. Violations of this policy by an employee will result in disciplinary action, up to and including termination from employment on the first offense. Workplace violence is any intentional conduct that is sufficiently severe, abusive or threatening to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends and/or property such that employment conditions are altered or a hostile, abusive or threatening work environment is created for one or several employees. Examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to: • Any act, threat or veiled threat of physical, verbal or emotional abuse, force, violence, or intimidation, including but not limited to hitting, shoving or other such aggressive conduct, directed toward another or used to control or intimidate another individual or his/her family, friends, associates or property • Any pattern of coercive behavior which involves any act or threat of abuse, force, violence, intimidation, or other aggressive conduct. • Unlawful harassing or threatening communications (including without limitation phone calls, emails, text messages, etc.) • Surveillance or stalking by any means, including, but not limited to, physical, telephonic, electronic, or by any camera or video device • Possession or use of any weapon in violation of our weapons policy • Communicating an endorsement of the inappropriate use of firearms or weapons. • Intentional destruction of, or threats to destroy or damage, Company property, Company Premises or a Company vehicle 25 • Impeding or blocking movement of another person or urging others to do the same (unless lawfully protected) • Using, threatening, or implying the use of any weapon or object that could be used as a weapon • Enlisting, coercing or asking others to do any of the above; and/or aiding others in doing any of the above Workplace violence does not refer to workplace arguments or debates that are zealous or impassioned, provided there is no resort to any form of coercion or aggressive behavior. Discussions about sporting activities, popular entertainment or current events are not considered workplace violence when there is no threat of violence being directed to the workplace or any individual connected with it. Rather, workplace violence refers to behavior that demonstrates an intention to engage in violence, condones violence in our workplace, or targets any individual with acts or threats of violence. Firearms, Weapons, Explosives No firearms, weapons, dangerous materials or chemicals, or explosives of any kind shall be brought onto Company property or carried by any person while on Company business. Company Property includes owned, leased, or occupied office or maintenance locations. Unless this prohibition is contrary to state or local law, Company Property specifically includes company parking areas and company vehicles. This also extends to Company employees on the property of our customers or suppliers. Employees are not permitted to transport or store weapons in vehicles owned or leased by the Company and used by the employee for work purposes. This restriction excludes materials present on Company Property resulting from contractual obligations between First Transit and a customer or supplier. This prohibition specifically includes firearms and weapons including, but not limited to, air pistols and air rifles, guns, rifles and firearms of any type, including those for which the holder has a legal permit; switchblades or other knives; ammunition; bombs; bows and arrows; clubs; slingshots; blackjacks; metal knuckles and similar devices that by their design or intended use are capable of inflicting serious bodily injury or lethal force; toxic agents; chains; or other items that are threatening by their nature or that are displayed in a threatening or intimidating manner. Electronic Surveillance For purposes of workplace safety and security and to prevent theft and other misconduct the First Transit reserves the right to conduct electronic surveillance in work areas. Surveillance techniques may include, but are not limited to, video cameras and monitoring of telephone and electronic mail activity at Company locations. Employees should be aware that the Company reserves the right to monitor, review, and reveal the contents of email being transmitted on Company equipment, as well as grant third parties access to it with the exception of using email during non-working time. 26 If there is any reported incident of theft, trespass, workplace violence, employee misconduct or any type of safety violation (hereafter collectively referred to as "security incidents"), the Company will utilize its surveillance equipment as an investigatory tool. The Company will also make use of its surveillance equipment to deter any future security incidents. The Company also reserves the right to actively monitor, through its surveillance cameras, any areas for safety reasons (to protect against equipment failure, breakage, or accident) or confidentiality reasons (to protect documents or other proprietary information). Although the video surveillance described in this policy is intended to monitor for security incidents and other safety reasons at the Company, it is possible that such surveillance may monitor activities not related to the Company's business. The Company respects the privacy of its employees. Accordingly, no video cameras will be installed in the Company's restrooms or in any lactation or changing areas. The surveillance video cameras and any video footage from the surveillance are to be used solely for the purposes of this video surveillance policy. Any unauthorized use of these video cameras and/or videotapes is strictly forbidden and may result in discipline, up to and including termination of employment. Reporting Threats of Violence The Company encourages anyone who sees, hears, or learns of any conduct or statement that seems threatening or suspicious, and/or any Weapons on Company Premises or in Company Vehicles, immediately to report such conduct or statement, either to his/her Supervisor or Manager, to the Human Resources Department, FirstGroup America Security, and/or to the confidential Ethics and Compliance Hotline at 1.877.3CALLFG, (1.877.322.5534), contact the Hotline intake site at ethicsfirst.ethicspoint.com, or email Compliance@firstgroup.com. If there is an immediate risk or imminent threat of violence, serious harm, or life-threatening conduct, employees should immediately call 911, local police, or other law enforcement. The Company will not tolerate any retaliation against anyone who, in good faith, reports observations to prevent workplace violence or who cooperates in any investigation of such report. Violations of this policy by an employee will result in disciplinary action, up to and including termination from employment on the first offense. No provision of this policy statement or any other provision in this policy alters the at-will nature of employment with the Company. The Company will make the sole determination of whether and to what extent, threats or acts of violence will be acted upon by the Company. In making this determination we may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence or other violation of this Policy has occurred. 27 Section 4 Wage and Hour A. Payroll Policy Statement & Procedure A schedule will be developed for each employee. The immediate manager and employee will be involved in the development and maintenance of an accurate schedule. Employees are encouraged to work with their immediate manager if the schedule needs to be modified. B. Payroll Integrity Policy This policy applies to all hourly paid employees of First Transit. First Transit is committed to paying all employees correctly and to maintaining accurate payroll records. To ensure you are paid correctly, you must timely and accurately report and record all hours you work and all the earned benefit hours that you use. Work means any activity that you are required, requested, or permitted to perform in the interest of the Company or for the Company’s benefit. Earned benefit hours means paid time-off hours that you earn, such as vacation, bereavement time, and disability (if applicable). Timely means prior to the next scheduled shift. Reporting and Recording Work Hours and Absences from Work You must accurately report and record all hours you work for the date you performed the work including meal periods where appropriate. Using current payroll procedures, the Company will pay hourly employees for all hours worked and will pay for earned benefit hours (for example, vacation) used on the date such hours were approved to be used, in accordance with Company Policy. SECTION 4 Wage and Hour 28 It is a violation of the Company’s policy for anyone to instruct or encourage another employee to work “off the clock,” to incorrectly report hours worked, or to alter another employee’s time records. If any employee is directed or encouraged to incorrectly report hours worked, or to alter another employee’s time records, he or she should report the incident immediately to Human Resources. Editing Time Records Time records may only be edited to correct a mistake, such as when an employee advises he or she mistakenly listed an incorrect start or stop time. Only those authorized may edit time records. Those authorized to edit time records may not edit time for another employee without prior approval. If you are authorized to edit time records, you may not edit your own time. A First Transit member of management must authorize edits to your time records when editing is required. If a member of management is unavailable, another person with time editing responsibility must authorize edits to your time. Falsification of Payroll Records Prohibited First Transit prohibits falsification of any payroll record, which includes, but is not limited to intentionally or knowingly: • Clocking in or clocking out for another employee • Failing to report and record all work hours or accrued paid time off used • Reporting and/or recording false information regarding work hours or earned benefit hours • Failing to correct false information regarding work hours or earned benefit hours, which includes repeatedly failing to correct any errors • Instructing any employee to falsify any payroll record • Misusing paid time or using paid time without authorization (e.g. using paid time and claiming pay for leisure and other non-work activities) If it is determined that an employee violated this policy, disciplinary action, up to and including termination of employment may be issued. Investigations and Appropriate Action First Transit will investigate promptly and thoroughly any report of a possible deviation from this policy seriously. If the Company determines that a deviation from this policy has occurred, it will take appropriate action, including compensating any employee for improperly edited work hours or earned benefit hours, to correct the issue and prevent further errors. C. Employee Classification Employees are classified as either exempt or nonexempt under federal and state wage and hour laws. Exempt employees (which we refer to internally as salaried employees) are employees whose job assignments meet specific tests established by the federal Fair Labor Standards Act (FLSA) and state law and who are exempt from minimum wage and overtime pay requirements. Exempt employees are compensated on a salary basis. Nonexempt employees (which we refer to internally as hourly employees) are employees whose job positions do not meet FLSA or applicable state exemption tests, and who are NOT exempt from minimum wage and overtime pay requirements. Nonexempt employees are eligible to receive overtime pay for hours worked more than 40 hours in a given week, or as otherwise required by applicable state law. 29 D. Overtime When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime. Nonexempt employees will be paid overtime where required by and in accordance with applicable law. Paid time off such as holiday pay, vacation pay, and jury duty pay (where applicable) will not count toward hours worked for determining overtime pay. All overtime work must be authorized in advance by the employee’s manager. Working overtime without prior authorization may result in disciplinary action. E. Meal and Rest Breaks It is the Company’s policy to comply with all laws regarding meal and rest breaks. If an employee works in a state where there are no applicable meal or rest break requirements, the Company will provide break time as appropriate, subject to operational needs and manager discretion. Meal and rest breaks in these locations is not guaranteed. F. Lactation Accommodation The Company will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. Employees needing breaks for lactation purposes may use ordinary paid rest breaks or may take other reasonable break time as needed. If possible, the lactation break time should run concurrently with scheduled meal and rest breaks already provided to the employee. If the lactation break time cannot run concurrently with meal and rest breaks already provided or additional time is needed for the employee, the lactation break time will be unpaid for hourly employees. Employees should contact their manager and/or their Region Human Resources representative during their pregnancy or before their return to work to identify the need for lactation accommodations. G. Garnishment Fees Whenever the Company is required to garnish an employee’s wages, an administrative fee will be charged to the employee per garnishment where permitted by law. These fees are regulated by the state and subject to change at the discretion of the state. H. Payday You will be informed of the regular schedule for the issuance of pay statements or direct deposit. The pay statement will cover compensation earned for the previous work period. You may be required to present your driver’s license when receiving your pay statement. If you are unable to produce your driver’s license you will not receive your pay statement and will not be able to drive company or client vehicles again until you have produced a current license. 30 I. Deductions Your pay statement is subject to various deductions. The pay statement will show you exactly what deductions have been taken from your pay. You will want to keep this as a permanent record. Certain deductions are required by law. These include, for example: • Federal Income Tax • Social Security Tax • Medicare Tax • State Income Tax (where applicable) • Local or county taxes Other deductions are optional and will be taken only if you have signed a written or electronic authorization for the deduction (i.e. credit union, medical insurance, uniforms, etc.). J. Direct Deposit Employees are encouraged to sign up for direct deposit or a Pay Card, which will be automatically deposited, but can also be paid with a “live check”. Pay information can be accessed online via employee self-service. K. Employee Self-Service Employee Self-Service offers insight into pay information as well as additional features, including: the ability to update personal information, tax withholding, direct deposit information, tools to assist employees, and answers for pay-related questions. L. Reporting Errors Any error or overpayment made in your pay statement should be reported immediately to your manager. If you believe that your work hours or earned benefits hours have not been accurately reported or recorded, or if you are aware of any other potential deviation from this policy, or if you have any questions or concerns about your pay or any deductions taken, you should immediately contact your immediate manager, or if necessary the confidential Ethics and Compliance Hotline at 1.877.3CALLFG, (1.877.322.5534), contact the Hotline intake site at ethicsfirst.ethicspoint.com or email Compliance@firstgroup.com. If you believe that your immediate manager may be violating this policy, you are not required to report the violation to that person. You may report the possible violation to any First Transit member of management, or you may call the Ethics and Compliance Hotline or Human Resources. Every report will be fully investigated, and the Company will provide the employee with any compensation to which the employee is entitled in a timely fashion. The Company complies with all applicable laws, including the Fair Labor Standards Act, and will not allow any form of retaliation against individuals who make good faith reports of alleged violations of this policy, or who cooperate in an investigation by the Company, even if the reports do not reveal any errors or wrongdoing. 31 M. Change of Personal Status It is critical that all changes of personal status, regardless of if it was updated on Employee Self Service, be reported immediately in writing without delay to the Manager. (Examples: name, address, phone number, emergency contact, tax information, copy of license renewal) It will be your responsibility to notify the office to make sure the change is updated with your location records. Certain Company correspondence will be mailed to your home address. It may also be important to contact you by phone, or to contact you or your family quickly in case of illness, accident or emergency. 32 Section 5 Benefits A. Health and Welfare A variety of employee insurance benefit options are offered. Benefit options are communicated by the FGA Benefits Center to employees as they become eligible. Insurance benefits, along with all other economic benefits offered, are location and project based. Benefit plans are defined in legal documents such as insurance contracts and summary plan descriptions. If employees are offered benefits, and if a question arises about the nature and extent of plan benefits or if there is a conflict in language, the formal language of the Plan documents govern, not the informal wording of this Handbook. Plan documents, if applicable, are available for your inspection. The Company and its designated benefit-plan administrators reserve the right to determine eligibility, interpretation, and administration of issues related to benefits offered by the Company. The Company reserves the right to change, cancel or amend benefits. The FGA Benefits Website provides considerable information as well as tools to assist employees and answer benefits questions. All employees of the Company have access to the FGA website. You can review, update, enroll, and change benefit elections and personal information. To access: Log on to www.myFirstStop.net For security reasons, first time users will be prompted to register to set up a password. If web access is not available to an employee, questions may be directed to the FGA Benefits third- party administrator by calling: 1.833.277.8056 SECTION 5 Benefits 33 B. Years of Service Years of Service affects the accrual of some benefits. An employee in good standing, with one to four years and 11 months of service, who is rehired after voluntarily leaving the Company for not more than six months, will be granted continuous service status regarding benefits awarded based on years of service. An employee in good standing with five or more years of service, who is rehired after voluntarily leaving the Company for not more than twelve months, will be granted continuous service status regarding benefits awarded based on years of service. To the extent eligibility or waiting periods for benefits is governed by Benefit Plan documents, the terms of the Benefit Plan documents control eligibility, waiting periods and other terms of the plan. C. Vacation Locations may have the opportunity to provide paid vacation time for full-time employees. Contact your manager for specific questions or further details. Earned vacation time must be used in the current vacation year, generally April 1st through March 31st and may not be carried over from year to year except where state or local law prohibits “use it or lose it” policies. If an employee does not use earned vacation time in the current vacation year, he or she will not be paid for it. An employee who terminates from the Company, voluntarily or involuntarily, will be paid the prorated amount of vacation time allocated but not used based on the last day of employment. All requests for vacation time must be authorized in advance by the employee’s immediate manager prior to taking the time away from work. Failure to return to work on the next scheduled day following a vacation leave may result in disciplinary action, up to and including termination. If an employee terminates from the Company, voluntarily or involuntarily, prior to the end of the vacation year, and he or she has taken vacation time that exceeds the prorated earned vacation benefit based on the employee’s last day of employment, the employee will be required to reimburse the Company the equivalent of vacation pay taken and not accrued (unless adjusted from final paycheck), in accordance with applicable law. D. Minimum Hours Worked While the Company may be able to offer part-time work, each employee must work at least an average of 4 hours (or more, as defined by location management) a week over a three-month period. These hours must be worked in accordance with location management to insure a timely and effective operation. Please contact your immediate manager for further information. E. Employee Discount Program The Company is proud to work with several local, regional and national-chain businesses to offer an employee discount program to you and most often, your family. With this program, there are many great offers, discounts and deals on a wide-array of products and services that may include but not limited to: cellular phones services and accessories, restaurants, vehicle purchases and rentals and many more. Please contact your location management team to learn more about the employee discount program available with our current vendors. 34 F. Sick Leave For employees working in a jurisdiction that has a mandatory sick leave law, the Company will comply with all legal requirements. 35 Section 6 Attendance, Leaves and Accommodation A. Attendance To maintain a productive work environment that is conducive to providing exceptional customer service and meet our contractual obligations, First Transit relies on its employees to arrive to work regularly and on time for each scheduled workday. An employee’s failure to report to work as scheduled can negatively affect First Transit’s business operations. It can result in fines being imposed on First Transit by its customers and places an undue burden on other employees. If you find it necessary to be late or absent, you must notify your manager directly as early as possible. Except for emergency situations, notification should be NO later than the night BEFORE your scheduled shift. You should indicate the reason for being late or absent. If you know you are going to be late or absent for more than one scheduled shift, please report that fact. If not stated, it will be assumed the call covers one scheduled shift only. Tardiness or absence may result in disciplinary action up to and including termination of employment, unless the absence or tardiness is legally protected. The following types of time off will not be considered grounds for disciplinary action under this policy: • Excused time off, including vacation and other approved forms of paid time off • Sick or safe leave provided under a mandatory sick or safe leave law • Approved leaves of absence, including jury duty leave, military leave, leave protected under the Family and Medical Leave Act or similar state laws, and time off or leave provided under the Americans with Disabilities Act or similar state laws, also any municipal or local laws • Time off due to a work-related injury that is covered by workers’ compensation Each situation of absenteeism or tardiness will be evaluated on a case-by-case basis. Even one unexcused absence or tardiness may be considered excessive, depending upon the circumstances. The Company will not subject employees to disciplinary action or retaliation for an absence or for tardiness that is legally protected. If the employee believes that his or her absence or SECTION 6 Attendance, Leaves and Accommodation 36 lateness to work is legally protected, the employee should notify his or her manager of this fact at the time of the absence or tardiness. Employees will not be required to reveal the nature of any underlying medical condition. If an employee believes he or she has been mistakenly subject to disciplinary action for an absence or for tardiness that the employee believes is legally protected, the employee should promptly discuss the matter with his or her manager or Human Resources. Company policy requires employees to submit a physician’s release to return to work when absent three or more consecutive workdays. Absent extraordinary circumstances or a legally protected reason, if employees fail to report for work without any notification to their manager and their absence continues for a period of three days, the Company will consider that the employee has abandoned and voluntarily terminated his or her employment. Appropriate standards of attendance ensure that quality service is provided in all areas of our business. Please consult your manager regarding site specific policies. B. All Leave to Run Concurrently An employee’s leave of absence may be covered by more than one leave policy and more than one applicable federal, state or local law. If so, the employee’s leave time under each policy and applicable law will run concurrently (at the same time) to the extent permitted by law. For instance, if an employee is taking maternity leave, which is also covered under the Family Medical Leave Act, the employee’s leave of absence will be considered both maternity leave and FMLA leave. C. Family and Medical Leave Act (FMLA) The Company will grant family and medical leave in accordance with the requirements of applicable federal and state law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, the Company refers to these types of leaves collectively as “FMLA Leave.” In any case, employees will be eligible for the most generous benefits available under applicable law. To the extent required by law, some extensions to leave beyond an employee’s FMLA entitlement may be granted when the leave is necessitated by an employee's work-related injury or illness or by a “disability” as defined under the Americans with Disabilities Act and/or applicable state or local law. Certain restrictions on these benefits may apply. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the Company within 75 miles. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave per rolling 12-month period to eligible employees for the following reasons: 37 • For incapacity due to pregnancy, prenatal medical care or child birth • To care for the employee’s child after birth, or placement for adoption or foster care (bonding leave) • To care for the employee’s spouse, son, or daughter, or for a child where the employee stands in loco parentis, or parent or a person who stood in loco parentis to the employee, who has a serious health condition • For a serious health condition that makes the employee unable to perform the employee’s job • For Military Family Leave The applicable "12-month period" utilized by the Company is a rolling 12-month period measured backward from the date an employee uses his/her FMLA leave. If both spouses work for the Company and are eligible for leave under this policy, the spouses will be limited to a total of 12 work weeks off between the two of them when the leave is for bonding leave or to care for a parent with a serious health condition. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on a Covered Active Duty (as defined by FMLA) or are called to Active Duty status in the National Guard or Reserves in support of a contingency operation in a foreign country may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. Covered Service Member Caregiver Leave Entitlements FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred or aggravated in the line of duty on Active Duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A "single 12-month period" begins on the date of the employee's first use of such leave and ends 12 months after that date. If both spouses work for the Company and are eligible for covered service member caregiver leave, the spouses will be limited to a total of 26 work weeks off between the two when the leave is for covered service member caregiver leave only or is for a combination of covered service member caregiver leave, military family leave, bonding leave and/or leave to care for a parent with a serious health condition. Benefits and Protections During FMLA leave, the Company maintains the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. This means that if employees want their benefits coverage to continue during their leave, they must also continue to make the same premium payments that they are now required to make for themselves or their 38 dependents. In some instances, the Company may recover premiums it paid on the employee's behalf to maintain health coverage if the employee fails to return to work following a FMLA Leave. Under most circumstances, employees will be reinstated to the same position they held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. However, employees have no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee would have been laid off if he or she had not gone on leave or, if the employee's position was eliminated during the leave, then the employee will not be entitled to reinstatement. Key employees may be subject to reinstatement limitations in some circumstances. If employees are considered a “key employee,” those employees will be notified of the possible limitations on reinstatement at the time the employee requests a leave of absence. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. The employee's length of service at time of the leave will remain intact, but accrued benefits such as vacation and sick leave may not accrue while on an unpaid FMLA Leave. Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. If FMLA Leave is taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, we may require employees to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave. Leave due to qualifying exigencies may also be taken on an intermittent basis. If an employee’s request for intermittent leave is approved, the Company may later require employees to obtain recertification of their need for leave. For example, the Company may request recertification if it receives information that casts doubt on an employee's report that an absence qualifies for FMLA Leave. Substitution of Paid Leave for Unpaid Leave Generally, FMLA Leave is unpaid. However, employees may be eligible to receive benefits through state-sponsored programs or the Company’s sponsored wage-replacement benefit programs. Employees may choose, or employers may require use of accrued paid leave while taking FMLA leave. All payments of wage-replacement benefits and accrued paid leave will be integrated so that employees will receive no greater compensation than their regular compensation during this period. The use of paid benefits will not extend the length of a FMLA Leave. To voluntarily elect to use paid leave for FMLA leave, employees must comply with the Company’s paid leave policies. Employee Responsibilities Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Company’s normal call-in procedures. 39 Employees must provide sufficient information to the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employees must notify Human Resources as soon as possible if it becomes apparent that the employee can resume work earlier than anticipated. Employees must notify Human Resources and provide supporting documentation if they cannot return to work on their scheduled return date. Absent unusual circumstances, failure to comply with notice and certification requirements may result in a delay or denial of the leave. If an employee fails to return to work at leave’s expiration and has not obtained an extension of the leave, the Company may presume that the employee does not plan to return to work and has voluntarily terminated their employment. An employee who fraudulently obtains Family and Medical Leave from the Company is not protected by FMLA’s job restoration or maintenance of health benefits provisions. In addition, the Company will take all available appropriate disciplinary action against such employee due to such fraud. Non-Discrimination The Company takes its FMLA obligations very seriously and will not interfere, restrain or deny the exercise of any rights provided by the FMLA. We will not terminate or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to the FMLA. If an employee believes that his or her FMLA rights have been violated in any way, he or she should immediately report the matter to Human Resources. Additional Information To obtain forms to request FMLA or for more information about FMLA or other state laws regarding Leave of Absence, refer to the information posted on your location’s bulletin board, ask your Manager, or contact your Region Human Resources support. A Notice to Employees of Rights Under FMLA (WHD Publication 1420) is attached to this Handbook. D. Military Leave First Transit recognizes that employees who are members of the United States military may need to attend annual training or to report for Active Duty. The Company provides unpaid military leaves of absence to employees who serve in the uniformed services as required by USERRA and applicable state laws. Service consists of performing any of the following on a voluntary or involuntary basis: active duty, active duty for training, initial active duty, inactive duty training, full time National Guard duty, absence from work for an examination to determine fitness for such duty, and absence for 40 performing funeral honors duty. Total military leave time may not exceed 5 years during employment, except in certain, defined circumstances. Employees who are members of the military reserves or the National Guard may attend annual training sessions, with a maximum of two weeks of paid leave allowed during a 12-month period. Health Insurance for military service for 30 calendar days or less is provided as if the employee had remained employed. For military service, more than 30 calendar days, employees may elect COBRA/USERRA coverage for up to 24 months or the remaining period of military service, whichever is shorter. Employees who do not elect to continue coverage during military service can be reinstated into the health plan when reemployed by contacting the Benefits Administrator within 30 days of return. To be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA. Employees whose military service will be for fewer than 31 days must report back to work at the beginning of the first full, regularly scheduled work day following completion of service, after allowing for a period of safe travel home and eight hours of rest. Employees whose military service will be for more than 30 days, but fewer than 181 days must apply for re-employment within 14 days after completing service. Employees whose service is greater than 180 days must apply for re-employment within 90 days after completing service. As with other leaves of absence, failure to return to work or to reapply within applicable time limits may result in loss of reemployment rights. Full details regarding reinstatement are available from Human Resources. In general, an employee returning from military leave will be re-employed in the position and seniority level that the employee would have attained had there been no military leave of absence. If necessary, the Company will provide training to assist the employee in the transition back to the workforce. Vacation and other paid time off benefits do not continue to accrue during a military leave of absence. An employee returning from military leave is entitled to any unused, accrued vacation benefits the employee had at the time the military leave began minus any vacation benefits the employee chose to use during the leave. Upon reinstatement, the employee will begin to accrue vacation benefits at the rate he or she would have attained if no military leave had been taken. E. Leave of Absence Without Pay First Transit may grant a Non-Medical Personal Leave of Absence, due to extenuating circumstances, to full-time and part-time employees who have completed at least six months of continuous employment. A Non-Medical Personal Leave of Absence is defined as up to a 30- calendar day period, agreed upon and approved by the Company. First Transit may also grant a non-FMLA Medical Leave of Absence to full-time and part-time employees. After an employee submits a request for non-FMLA medical leave, the manager and/or 41 Human Resources will engage in a formal interactive process with the employee to identify the precise limitations resulting from the employee’s condition and leave accommodation appropriate for those limitations. A Leave of Absence (personal or medical) is unpaid, unless required to be paid under state or local law or if covered by an applicable wage-replacement benefit program. However, employees are required to use available accrued vacation and other paid time off during a Personal Leave of Absence to the extent permitted by law. The employee must provide First Transit with notice and any supporting documentation if they cannot return to work on the date approved and scheduled for them to return. Vacation and other paid time off benefits do not continue to accrue during leaves of absence without pay. An exempt employee will not be paid for days not worked in the following circumstances: • When an exempt employee works only part of the week during his or her first and last week with the Company, the employee will be paid only for the days actually worked • When an exempt employee takes unpaid leave under the Family and Medical Leave Act or corresponding laws, the Company will not pay for such days/hours of absence • The Company may require an exempt employee to use available vacation or other paid time off benefits, as a replacement for salary, when the employee takes less than a full-day off from work • An exempt employee’s salary will not be reduced when the employee works part of a week and misses part of a week due to service as a juror, witness or in the military or for lack of work. • When an exempt employee takes one or more full days off for personal reasons other than sickness or disability, the employee may not be paid for such day(s) of absence, but the employee may use available vacation or other paid time off benefits to make up for the reduction in salary • When an exempt employee takes three or more full days off from work due to sickness or disability, the employee may not be paid for such day(s) of absence, but the employee may use available vacation time or other paid time off benefits to make up for the reduction in salary The employee may be reinstated to the same or equivalent position of employment that the employee occupied prior to taking the personal leave of absence whenever possible, or if it is required by federal, state or local law. F. Transitional Duty First Transit maintains a commitment that employees injured on the job receive prompt quality medical care and return to work in a productive capacity as quickly as they are medically able to do so. Should you sustain an injury while on the job, you must take the following steps: • Report the incident to your manager immediately • Complete a written report of the incident • Follow the medical provider’s instructions • Keep all future medical appointments • Bring the Work Status form to all medical appointments 42 Participate in discussions regarding: • Your current condition • Medical treatment • Special problems • Concerns • Your possible return to work in your regular job or a transitional job • Return to a regular or temporary transitional duty position when available and the doctor permits Transitional duty, when available, is a temporary process that allows employees to remain productive in the workforce while they regain their full capacity during the recovery/rehabilitation process. There are two types of transitional duties that allow for this process: • Limited duty allows for an employee to work in their original job with some limitation • Modified work allows for an employee to work a position other than their normal position This Return to Work policy requires employees to: • Return to work once they are medically able to do so, by a physician, to a job they can perform • Participate in this process to the best of their ability as a condition of employment • Sign an Employee Responsibility Form which indicates that the employee has received and understands this process Employees that choose to not participate in this process may subject themselves to disciplinary action, up to and including termination, as well as running the risk of losing Workers’ Compensation benefits. G. Reasonable Accommodation The Company will provide a reasonable accommodation to qualified individuals with a disability unless doing so would pose an undue hardship on the Company or poses a direct threat to the health and safety of the individual or others. It is the employee’s responsibility to inform the manager or Human Resources, in writing when possible, if there is a need for a reasonable accommodation due to a disability. Pregnant employees who need an accommodation due to pregnancy, a pregnancy related condition, a disability related to pregnancy and/or childbirth affecting ability to work must notify manager and/or Human Resources. Notice must be made in writing, when possible, of the need for a change in working conditions or environment due to pregnancy/childbirth. The employee should provide any supporting documentation which explains the work limitations. The manager and/or Human Resources will engage in a formal interactive process with the employee to identify the precise limitations resulting from the employee’s condition and potential reasonable accommodations that could overcome those limitations, such as a leave of absence, modification of job duties, etc. 43 First Transit may request medical documentation to establish the employee’s need for an accommodation. Employees are required to cooperate with this process by providing all necessary documentation supporting the need for accommodation and being willing to consider alternative accommodations when applicable. Any medical documentation obtained will be kept confidential and only disclosed to appropriate managers and Human Resources on a need to know basis. H. Religious Accommodation The Company will provide reasonable accommodation for employees’ sincere religious beliefs, observances, and practices when a need for such accommodation is identified or requested and the accommodation does not present an undue hardship to the Company. A reasonable accommodation is one that eliminates the conflict between an employee’s religious beliefs, observances, or practices and either the employee’s job requirements or the Company’s rules, policies or work schedules, without causing undue hardship to the Company. Religious accommodations may arise in regard to dress, scheduling and religious practices. The Company has developed an accommodation process to assist employees, management, and Human Resources. Through this process, the Company establishes a system of open communication between employees and the Company to discuss conflicts between religion and work and to act to provide reasonable accommodation for employees’ needs. The intent of this process is to ensure a consistent approach when addressing religious accommodation requests. Any employee who perceives a conflict between job requirements or the Company’s rules, policies or work schedules and his or her sincere religious belief, observance, or practice should bring the conflict to the attention of Human Resources to initiate the accommodation process. Managers who have been made aware of a request for a religious accommodation should also contact Human Resources. The Company prefers that accommodation requests be made in writing, and in the case of schedule adjustments, as far in advance as possible. In situations where a religious need is uncertain or unclear, the Company may seek additional information from the employee or other appropriate sources. I. Other Leaves of Absence Many states or an applicable CBA may require First Transit to provide employees with additional leaves of absence, such as pregnancy disability leave, blood/bone marrow donation leave, school activities leave, jury duty leave or time off to vote. Please contact Human Resources with any questions regarding required leave entitlements. 44 Section 7 Policies and Procedures A. Freedom of Association (FOA) Policy First Transit aspires to be a preferred employer in our industry. To that end, the Company supports human rights and the individual rights of its employees, including an employee’s right to associate themselves with a labor union if they so choose. Though not an exhaustive list, management at First Transit supports an employee’s right to: • Freedom of Association • A secret ballot election • An informed choice • A representative voter turnout To manage our business in support of our employees and the above rights and to refrain from management conduct, whether written or verbal, which is intended to influence an employee’s view or choice regarding labor union representation. During union organizing campaigns, management shall support the employee’s individual right to choose whether to vote for or against union representation without influence or interference from management. Management shall not act in any way which is or could reasonably be perceived to be anti-union. This includes refraining from making derisive comments about unions, publishing or posting pamphlets, flyers, letters, posters or any other communication which could be interpreted as criticism of the union or advises employees to vote “no” against the union. However, we believe that employees should be able to make an informed choice and therefore management may provide balanced factual information to assist its employees in making that choice. Further guidance as to what is and is not acceptable conduct can be given by your Human Resources Department. SECTION 7 Policies and Procedures 45 By extension of this policy, management is reminded of its obligation to honor the principles set out in the FirstGroup Corporate Social Responsibility policy, including the Code of Business Ethics. For any employee who feels that this policy has been violated and wishes to file a complaint, please complete a Complaint Form, which can be obtained from your local management or corporate Human Resources, and send it by one of the methods noted below: • Via U.S. Mail to: FirstGroup America Attn: Vice President, Human Resources, 600 Vine St. Suite 1400, Cincinnati, OH 45202 • Call First Transit’s confidential Ethics and Compliance toll-free number at 1.877.3CALLFG, (1.877.322.5534), • You may contact First Transit’s confidential Ethics and Compliance Hotline intake site at ethicsfirst.ethicspoint.com, or email Compliance@firstgroup.com For reference, submitting a Complaint form does not affect an employee’s right to file a complaint with the National Labor Relations Board or any other public agency. B. HIPAA Compliance Plan First Transit provides two main types of transportation – Fixed Route and Demand Response. In Fixed Route transportation, vehicles move along an established route regardless of who is (or isn’t) on the vehicle. Examples could include a city bus, airport shuttle or even a light rail system. To operate a Fixed Route service, First Transit doesn’t need any information about individual riders. This is very different from Demand Response services, where routes are designed based on specific rider’s needs and requests. When we provide Demand Response services, we are entrusted with personal (and sometime protected) information about our riders. All locations providing eligibility-based Demand Response services follow our HIPAA policies and procedures to protect the privacy and security of rider’s information. These locations are known as HIPAA Locations. These policies and procedures will impact how you operate every day. In providing services, First Transit may work with rider’s personal information, including Protected Health Information (“PHI” and “ePHI”) First Transit is committed to complying with all applicable provisions of Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”). As such, First Transit has adopted a HIPAA Compliance Plan, on the Company’s Intranet or from any manager. This plan includes policies and procedures to ensure the privacy and security information and further reaffirms and evidences First Transit's commitment to a culture of compliance. Workforce members at HIPAA Locations or with access to PHI or ePHI, will be required to sign and abide by a Confidentiality Agreement and Acceptable Use Policy, shall participate in the HIPAA education and training provided by First Transit and adhere to the privacy and security policies of First Transit. First Transit will impose appropriate sanctions on workforce members who fail to comply with the Compliance Plan or privacy and security policies. Possible sanctions for violations of First Transit’s policies and procedures include disciplinary action as reflected in the Employee Handbook and include possible termination of employment. Additionally, workforce members that violate HIPAA regulations may be subject to civil penalties and/or criminal prosecution. As a member of First Transit’s workforce, you are required to report all concerns, including known or suspected privacy 46 and security breaches, regarding the privacy or security of PHI or ePHI to your manager and the First Transit Compliance Officer. Anonymous reporting may be made through the Ethics & Compliance number at 1.877.3CALLFG (1.877.322.5534) or via email at Compliance@firstgroup.com Attn: HIPAA Compliance Officer. C. Introductory Period An Introductory Period of 90 calendar days shall constitute a trial period for all new hires. During which time, the Company will judge the ability, competency, fitness and other qualifications of new employees to do the work for which they were employed. The Company reserves the sole right to determine the suitability for continued employment of an individual within these 90 calendar days for any reason not protected by law. During this time, you can evaluate the Company as a place to work, and the Company can evaluate you as an employee. The Company reserves the right to extend the Introductory Period. Successful completion of the Introductory Period does not alter the at-will nature of employment for non-unionized employees and does not preclude the Company from further evaluating your work performance throughout your time with First Transit. Unionized employees should refer to their collective bargaining agreement. D. Solicitation and Distribution of Literature Solicitation for any purpose is not permitted while the employee is on paid working time or the employee being solicited is on paid working time. Non-employees are not permitted to solicit for any purpose on Company property. As used in this policy, "paid working time" includes all time for which an employee is paid and/or is scheduled to be performing services for the Company. Paid working time does not include time, whether paid or unpaid, when an employee is legitimately not performing services for the Company, such as breaks, lunch periods or before and after scheduled work hours. Employees may not distribute literature or other printed material at any time in Company work areas or during paid working time, nor may any person not employed by the Company distribute literature on Company property. Employees are permitted to distribute literature and other printed material during non-working times in non-work areas. Employees who violate this policy will be subject to disciplinary action, up to and including termination. E. No Smoking Policy First Transit is a smoke free and vape free workplace. “Smoking” includes the use of traditional tobacco products, smokeless tobacco, and the use of electronic nicotine delivery systems or electronic smoking devices, to include “vaping”. Smoking is not permitted in any First Transit facility or in any First Transit vehicle, or client vehicle. This includes the office, employee lounge, restrooms, hallways, and shop area. Those employees who wish to smoke must do so outside the building in the designated area. Additionally, smoking is not permitted on client property. 47 There is NO smoking/NO vaping within 50 feet of the fuel island. This policy applies to all employees, visitors, vendors and staff. Violation of this policy may subject an employee to discipline, up to and including termination of employment. F. Personal Messages The Dispatch office will receive and deliver personal messages to Company employees in the case of emergency only. G. Personal Appearance If uniforms are provided, they should be kept in good repair and worn every day. Regardless of whether uniforms are available, all First Transit employees must present a neat and clean appearance, appropriate for the job assigned. As part of their personal appearance, First Transit employees are also expected to observe good habits of grooming and personal hygiene. Body odor should not create distractions. Employees are also encouraged to avoid wearing or applying excessive amounts of perfume, cologne, or other heavily scented items in the workplace. The benefits of a neat and clean appearance are many, but the major impact on people in our business is that: • It demonstrates self-respect. • A neat and clean appearance commands more respect from the passenger and will help maintain better discipline. Items that are not acceptable as proper dress on the job include: • Shirts or blouses without sleeves below the shoulder, such as tank tops, halter-neck tops, shirts which expose the midriff, etc. • Shirts and slacks that have a “torn off” look • Clothes with holes, tears or un-repaired damage • Footwear must be appropriate for position, location, and weather conditions • Any clothing displaying threats, epithets, derogatory comments based on a protected status (such as race, sex, or religion), slurs or that which depicts unlawful conduct • Shorts, unless authorized by manager • Body fit clothing, i.e., spandex and muscle shirts • Loose or hanging clothing, jewelry or other accessories that could become a safety hazard and caught on equipment or moving parts of the vehicle Dress code may vary by position and location. See your manager for details. Operators have specific uniform and appearance expectations they must meet. Employees must look neat and clean when reporting for duty. Wearing apparel is to be clean and shoes are to be presentable. 48 Hair must be neat and clean. Any facial hair must be neat, trimmed and not interfere with sight or peripheral vision. Sunglasses may not be worn indoors and only be worn as needed for safe vehicle operations in appropriate outdoor settings. If applicable to the employee’s job, the prescribed local uniform must be worn when on duty. Personal Protective Equipment (PPE) must always be used when and where appropriate. Reflective safety vests, or Company-issued high visibility uniform shirts, are to be worn by all employees while they are pedestrians in the bus yard or maintenance areas. Vests are to be worn while outside a vehicle on public streets or a Transit Center while performing various responsibilities (e.g., putting out reflective triangles, assisting passenger loading, driver exchange, and foot traffic to break or rest areas. H. Exit Interviews If employees are considering or have chosen to leave the Company, please provide your manager with appropriate notice (2 weeks is recommended). An exit interview may be scheduled and is most appreciated. I. Use of Cell Phones and Other Electronic Devices Personal cell phone use for personal reasons during working time must be strictly limited. Cell phones issued by the Company to hourly employees are intended primarily for performing job functions and may not be used for non-business purposes during working times or in any working areas. Employees out of town on business should use a Company cell phone for business calls and limited personal calls instead of a hotel phone. Cell phones issued to Salaried Employees are intended for business use, recognizing that Salaried Employees can use the Company issued unit for personal use within the limits of the phone service plan provided by the Company. Employees may not use any type of cell phone, cell phone accessories (including voice, image, and text messaging) or other electronic devices, while driving on Company business or driving/walking on Company owned or occupied property, in a workshop, or while climbing or descending stairs. Any phone calls made or taken while on Company property must occur within a designated safe place. All cell phones (and other cellular devices) must be switched off and stowed out of sight while a driver is operating a Company vehicle. It is not acceptable to have the cell phone powered on, even if in vibrate or silent mode. Cell phone calls should not be taken during any business meetings, unless an emergency condition exists. For safety reasons, cell phones are only permitted to be used in designated “Cell Phone Zones.” Employees are not permitted to walk through the yard and talk on the cell phone. This includes the use of hands-free devices. For the purposes of this Section, “Driving” means being in control of a vehicle, even when the vehicle is stationary with the engine running. “Non-driving” means the vehicle is parked in a safe place with the gear selector in Neutral or in Park with the emergency/parking brake applied and the engine turned off. “Cell phone” includes, but is not limited to: cell and mobile phones, mobile or other 49 electronic devices for personal communication, handheld or hands-free electronics devices, ear buds, Bluetooth, voice recognition, etc. Violations of this policy may result in disciplinary action up to and including termination. J. Company Property The Company’s confidential and proprietary information is vital to its current operations and future success. Each employee should use all reasonable care to protect or otherwise prevent the unauthorized disclosure of such information. The unauthorized access to, or disclosure of the Company’s confidential and proprietary information via any method of communication, is strictly prohibited and may be subject to discipline up to and including termination and referral to law enforcement for criminal prosecution. Employee obligations with respect to maintaining the confidentiality of such information continue even after your separation from employment with the Company. “Confidential Information” refers to a piece of information, or a compilation of information, in any form (on paper, in an electronic file, or otherwise), related to the Company’s business that the Company has not made public or authorized to be made public, and that is not generally known to the public through proper means. Confidential or proprietary information includes, but is not limited to, nonpublic information regarding the Company’s business methods and plans, databases, systems, technology, intellectual property, know-how, marketing plans, business development, products, services, research, development, inventions, financial statements, financial projections, financing methods, pricing strategies, customer sources, employee health/medical records, system designs, customer lists, methods of competing and training materials and workbooks. Additionally, employees who by virtue of their performance of their job responsibilities have the following information, should not disclose such information for any reason, except as required to complete job duties, without the permission of the employee at issue: social security numbers, driver’s license or resident identification numbers, financial account, credit or debit card numbers, security and access codes or passwords that would permit access to medical, financial or other legally protected information. Confidential Information does not include information lawfully acquired by non-management employees about wages, hours or other terms and conditions of employment, if used by them for purposes protected by §7 of the National Labor Relations Act such as joining or forming a union, engaging in collective bargaining, or engaging in other concerted activity for their mutual aid or protection. Under the 2016 Defend Trade Secrets Act (DTSA): (1) no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that: (A) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and, (2) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by order in that proceeding. 50 When terminating employment with the Company for any reason, all Company property including uniforms, ID Cards, keys, computers, cell phones, and any other Confidential or proprietary Company information or property must be returned immediately. Confidentiality obligations apply after separation of employment as permitted by applicable law. If, as a part of employment with the Company, an employee enhances or invents any item or material that relates to Company employment, those items or materials are the property of the Company and remain its property. If there are any questions about this policy, contact Human Resources. K. No Expectation of Privacy Computers, software, voicemail, cell phones, tablets, lockers, desks, etc., provided to employees for use in performance of their jobs, are the sole property of the Company. As such, employees have no right of privacy in anything they create, store, send or receive using the Company’s computers, phones or other equipment or resources. There is also no expectation of privacy related to the Company provided lockers, desks, mailboxes, etc. The Company has the right to monitor, search, investigate, and log any and all of its resources provided to employees. L. Use of Company Equipment and Resources The Company has significantly invested in telephone lines, fax machines, photocopiers and other types of business equipment, internet access and software that are vital to keeping our operations flowing smoothly and effectively. The Company's resources are limited and, except as provided in the Electronic Resources policy below, should be used for business transactions with the exception of incidental or limited personal use during non-working time. Electronic Resources This policy describes the Company’s general guidelines for using its electronic resources, including electronic mail (email), voicemail, internet access and computer systems. Employees should use the Company’s electronic resources with the understanding that these resources are provided for the benefit of the Company’s business. Employees may use company electronic resources, including email, for personal use, during nonworking time, as long as such use complies with company rules and applicable laws. Employees should never use the Company’s electronic resources for personal use in a manner that interferes with their work duties or any responsibilities to customers. Sending, saving, accessing, or viewing obscene or similarly offensive material on the Company’s electronic resources is prohibited. Messages stored and/or transmitted by the Company’s electronic resources, including the computer, voicemail, email, or the telephone system, must not contain content that may reasonably be considered to be obscene or other patently material. Prohibited material includes, but is not limited to, sexual comments, jokes or images, racial slurs, gender- specific comments, or any comments, jokes or images that would discriminate against or harass someone on the basis of his or her race, color, sex, age, national origin or ancestry, disability, or 51 any other category protected by federal, state or local law. Likewise, any use of the internet, email, or any other electronic resource to engage in harassment or discrimination prohibited by Company policies is unlawful and strictly prohibited. The Company Property Policy in this Handbook, including the Confidentiality provisions of this Policy, apply to electronic information. Additional guidelines for use of the Company’s electronic resources include: • You should not disclose, or post images or video of, any of the Company’s trade secrets or confidential information. Trade secrets may include information regarding the development of systems, business processes, products, know-how and technology. Confidential information may include nonpublic information regarding the Company’s business methods and plans, databases, systems, technology, intellectual property, know- how, marketing plans, business development, products, services, research, development, inventions, financial statements, financial projections, financing methods, pricing strategies, customer sources, employee health/medical records, system designs, customer lists, methods of competing and training materials and workbooks. • You may use the Company’s electronic resources for non-business purposes as long as that activity takes place only during nonworking time, does not interfere with your co- worker’s job responsibilities, and complies fully with all Company policies. Such non- business use is subject to all Company policies. • Visiting internet sites that are pornographic or promote gambling • Encrypting files using software not provided by the Company • Using another person’s login and password for any reason • Streaming music and videos • During working time, you should not visit a blog or chat room except for legitimate business purposes. • Employees may not use their Company email address to register for any external social media account or site. • You may not use the Company’s electronic systems for any illegal purpose. • Respect the intellectual property (IP) rights of the Company and others. You should not use, copy, publish or post the Company’s or someone else’s IP unless you have the legal right to do so. Examples of IP include trademarks, written articles, merchandise information and music. The Company cannot and will not provide employees with legal advice about intellectual property laws, unless the inquiry relates to the Company’s own business interests. S o l i c i t a t i o n The Company’s electronic resources must not be used for solicitation purposes during working time. The Company’s Solicitation and Distribution of Literature policy applies to the use of electronic resources. S o f t w a r e C o d e o f E t h i c s Employees may not duplicate any licenses, software or related documentation for use either on the Company’s premises or elsewhere unless the Company is expressly authorized to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Company to both civil and criminal penalties under the United States Copyright Act. Employees may 52 not give software to any outsiders including contractors, customers or others. Employees may use software on local area networks or on multiple machines only in accordance with applicable license agreements. Employees may not download software from the internet and install it on their computers. The Company reserves the right to audit any company computer to determine what software is installed on the local drive(s). E m p l o y e e R e s p o n s i b i l i t y Each employee is responsible for the content of all text, audio or images that they place or send using the Company’s electronic resources. The same standards should be utilized for the creation of email messages in connection with an employee’s work as would be utilized for other company correspondence or memoranda. C o m p u t e r a n d S y s t e m s S e c u r i t y All computers and the data stored on them are, and remain at all times, the property of the Company. As such, all messages created, sent or retrieved over the internet or the Company’s electronic mail systems are the property of the Company, and should be considered company information. The Company reserves the right to retrieve and read any message composed, sent or received using the Company’s electronic resources, including all computer equipment and the electronic mail system, for any business reason, including but not limited to, ensuring compliance with this and all company policies. Employees shall have no expectation of privacy and the Company reserves the right to monitor and audit the operation of the email, internet and other electronic systems to access and periodically review any or all the records within them, and to retain or dispose of those records, as it deems necessary, without notice to the user. Anyone using any system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of illegal activity, the Company may provide the evidence to law enforcement officials. Employees should be aware that even when a message is deleted or erased, it is still possible to recreate the message; therefore, ultimate privacy of a message cannot be ensured to anyone. Accordingly, internet and email messages are not private. Employees should also be aware that duplicates of email transmitted through a personal, web-based email account using company equipment could be stored on that equipment; likewise, information regarding internet sites that an employee has accessed may also be stored. E m a i l C o n t e n t S c r e e n i n g The Company maintains the right to screen all inbound and outbound email content. Email messages or attachments that contain obscene or similarly offensive material may be quarantined and held from transmission or receipt until the sender or recipient can verify the message or attached document is work related. The Company may, in its discretion, review communications to and from a personal account, subject to state laws regarding attorney-client communications. 53 If an employee wants to communicate with an attorney or send an otherwise confidential piece of communication that he or she does not want the Company to monitor, the employee should consider using a personal email address and personal computer equipment. If an employee does use company equipment, he or she consents to any monitoring by the Company and should understand that he or she has no right to privacy with respect to such communications, to the extent permissible under applicable law. V i r u s P r o t e c t i o n To prevent computer viruses from being transmitted through the system, employees are not authorized to download any software from the internet onto their computer or any drive in that computer. Passwords Employees must select confidential password(s) and manage them in accordance with the Company’s Password Guidelines to use with your system account(s) and are responsible for all actions associated with your accounts and passwords. Do not share your account information and passwords with others. If you believe that your password has been compromised, you must immediately notify the IT Service Desk. Should an employee gain knowledge of a breach in security of any kind, the employee shall immediately notify his or her manager. Employees shall take all appropriate action, whether by instruction, agreement, or otherwise, to ensure the protection, confidentiality, and security of confidential information. Violations of this policy may result in discipline, up to and including termination of employment. If you have any questions about this Policy, consult your manager or contact the Human Resources department. Employees should also refer to the Company’s intranet for the complete and current version of the Company’s Acceptable Use Policy. M. Contact with the Media To ensure that the Company communicates with the media in a consistent, timely and professional manner about matters related to the Company, you must notify the Manager that you have been contacted by the media whenever you are asked to speak on behalf of the Company so that the Company knows that a media inquiry has been made. Do not respond to media inquiries on the Company’s behalf without authorization. This policy does not prevent you from speaking with the media, but you must not attempt to speak on behalf of the Company unless you have specifically been authorized to do so by an officer of the Company. Contact Company Communications by emailing fga.communications@firstgroup.com or dialing 513.362.4600. 54 N. References and Employment Verifications So that the Company can handle requests for job references in a consistent, fair and lawful manner, all requests for official job references on behalf of the Company should be forwarded to the HR Department. No other manager is authorized to release references on the Company’s behalf for current or former employees. Our policy concerning references for former employees is to disclose only an employee’s name, employment dates and job title. No other information regarding a current or former employee will be provided unless the individual first provides written authorization. Employment and salary information for creditors, lenders, etc. must be obtained from the TALX System via The Work Number. The Work Number can be accessed at: www.theworknumber.com or by dialing 1.800.367.5690. The First America Employer Code is: 12987. O. Use of Company/Client Vehicles Fleet cars or other vehicles may be available at some Company locations and/or provided by the Client. These may be used, on an as-needed basis, for Company business (only if approved in advance by the appropriate manager and the employee is properly licensed to drive). The employee is responsible for any traffic ticket or citation received while operating or in possession of a Company vehicle. Any related fines not promptly paid may be deducted from the employee’s paycheck, in accordance with applicable laws. Company cars are only to be driven by the assigned employee. An employee’s spouse, children, or unauthorized coworkers are not permitted to drive or be a passenger in the Company/Client’s vehicles without prior authorization. P. Gifts Employees are prohibited from soliciting or giving gifts, gratuities, or any other personal benefit or favor from or to suppliers, potential suppliers or customers. Employees should avoid any material financial interest in suppliers, competitors, or customers of the Company that could influence their decisions or actions. Reference the employee portal or see your manager for details regarding the Gifts and Hospitality policy. Employees with questions may contact the Ethics & Compliance Hotline at Compliance@firstgroup.com or call the Ethics and Compliance Hotline number at 1.877.3CALLFG (1.877.322.5534). Q. Use of Company Credit Cards Employees issued a company credit card are responsible for ensuring: • Your expenses are appropriate and consistent with business need • You understand and comply with the Travel and Expenses Policy • You choose the most cost-effective routes and timings to meet business need • Your expense claims are accurate and supported by appropriate receipts • You follow any additional local procedure or controls which have been put in place in your business area Any abuse of FirstGroup’s Travel and Expenses policy will not be tolerated. FirstGroup will take disciplinary action where appropriate and may treat a breach of this policy as gross misconduct, which may result in termination. Theft or misappropriation of company assets may result in the 55 Company contacting law enforcement. Reference the employee portal or see your manager for details regarding the Travel and Expenses policy. R. Outside Employment The Company respects each employee’s right to engage in activities outside of employment such as those that are of a personal or private nature, to the extent that such activities do not create a conflict of interest as described in the Conflicts of Interest policy or adversely affect the employee’s ability to perform his or her job. An example of an activity that might adversely impact an employee’s ability to perform his or her job duties is outside employment. First Transit full-time employees shall treat their employment with First Transit as their primary employment. While the Company does not prohibit employees from holding other jobs, the guidelines set out in this policy must be followed. If circumstances require an employee to work a second job, or pursue his or her own business, prior written approval shall be sought from the employee’s manager to ensure that Company operations will not be adversely impacted. Working for any competitor of the Company must be reported to management immediately. Under many circumstances it is unacceptable and may lead to immediate termination. Other employment, including self-employment, even if not directly competitive with Company operations, may also adversely impact an employee’s ability and dedication to their primary work duties with the Company. This is especially true in the case of Operators whose work and driving hours are restricted by DOT regulations. The following types of outside employment are prohibited: • Employment that conflicts with the employee's work schedule, duties and responsibilities or creates an actual conflict of interest; • Employment that impairs or has a detrimental effect on the employee's work performance with the Company; • Employment that requires employees to conduct work or related activities during working times or using any of the Company’s tools, materials or equipment. For the purposes of this policy, self-employment is considered outside employment. The Company will not assume any responsibility for employees’ outside employment. Specifically, the Company will not provide workers’ compensation coverage or any other benefit for injuries occurring from, or arising out of, such outside employment. If an employee’s outside employment adversely affects his or her performance on the job or makes it impossible for him or her to carry out any or all of his or her job duties while at work, appropriate disciplinary action up to and including termination of employment may be appropriate. In addition, failure to comply with the notification procedures set out in this policy may result in disciplinary action up to and including termination. 56 Section 8 General Rules and Employee Relations A. Employee Requirement to Meet Company Standards The Company recognizes the importance of maintaining a safe, secure workplace with employees who are qualified, reliable, and nonviolent, and who do not present a risk of serious harm to their coworkers or others. To promote these concerns and interests, the Company reserves the right to investigate an individual’s prior employment history, personal references, and educational background, as well as other relevant information. Consistent with legal or contractual requirements, the Company also reserves the right to obtain and to review an applicant’s or an employee’s criminal conviction record, and related information, and to use such information when making employment decisions, but only to the extent permissible under applicable law. A pending criminal matter may be considered in appropriate circumstances for business-related reasons, consistent with applicable law. All background checks will be conducted in strict conformity with the federal Fair Credit Reporting Act (FCRA), applicable state fair credit reporting laws, and state and federal anti-discrimination and privacy laws. The Company is an equal opportunity employer and will comply with applicable federal, state and local laws relating to the use of background checks for employment purposes. Qualifications may be periodically reverified through background checks or Motor Vehicle Record (MVR) checks or at the Company’s discretion to the extent permitted by applicable law. Employees may be required to undergo examinations and tests selected by the Company to determine mental and physical fitness for duty and compliance with Company policy. This includes, but is not limited to, testing required pursuant to US Department of Transportation (DOT) regulations and First Transit’s Drug & Alcohol Testing Policy. SECTION 8 General Rules and Employee Relations 57 B. Duty to Report Law Enforcement Actions The Company will consider the facts surrounding an arrest, a criminal complaint, an indictment, criminal information, or any other criminal charge or conviction of an employee as a basis for disciplinary action to the extent permitted by applicable law. Employees are required to report any arrests, indictments or convictions to their immediate manager or Human Resources immediately, but no later than prior to the next scheduled work shift, to the extent permitted by applicable law. If the circumstances and the offense charged, in our judgment, present a potential risk to the safety and/or security of our customers, employees, premises and/or property, such events may result in disciplinary or other appropriate action to the extent permitted by applicable law. NOTE: This does not apply where it conflicts with State law. Operators and safety sensitive employees are required to report all Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) related charges, vehicular collisions, and any moving violation citations received in any vehicle immediately if possible, but no later than prior to their next scheduled work shift, consistent with applicable law. C. General Operations Information The Company operates in many communities across North America. Some operations related requirements may be specific to your operating location, while other requirements are based on Company policy, State or Federal law and Municipal/local laws. Please ask your manager if you have questions about local operating requirements. D. Open-Door Policy A workplace where employees are treated with respect and one that is responsive to their concerns is important to each of us. This kind of trust is fundamental to the relationship the Company seeks to have with its employees. We recognize that employees may have suggestions for improving our workplace, as well as complaints about the workplace. We feel that the most satisfactory solution to a job-related problem or concern is usually reached through a prompt discussion with an employee's manager. If the matter cannot be resolved with one’s immediate manager, the employee may speak with their department or manager who will attempt to facilitate a solution. If an employee is unable to resolve the matter through the management chain of command in the department or location, the employee may choose to speak directly to anyone in division management or Human Resources. First Transit’s Open-Door Policy also allows employees to voice their concerns anonymously. If you would like to submit an anonymous concern, please contact the Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, (1.877.322.5534), contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com This Open-Door Policy shall apply to every employee not covered by a collective bargaining agreement. It also extends to contractors and subcontractors. While we provide employees with this opportunity to communicate their views, please understand that not every complaint can be resolved to the employee's satisfaction. Even so, we believe that 58 open communication is essential to a successful work environment and all employees should feel free to raise issues of concern without fear of reprisal. In situations involving discrimination or harassment employees should follow the Complaint Procedure set out in Section - Discrimination, Harassment and Retaliation Reporting Procedure – of this handbook without fear of reprisal and should not follow this Open-Door Policy complaint process. In situations involving Safety, Security, Fraud, or Theft an employee should immediately contact any level of management or Human Resources directly, without fear of reprisal, and without the need to follow this Open-Door Policy complaint process. This may be done in person, by direct contact, phone call, letter, or email message or by utilizing the Ethics and Compliance Hotline. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. In these situations, an employee may bypass the chain of command that begins with his or her manager. Other Things You Should Know Retaliation for using this Open-Door Policy is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. In other words, employees are protected for speaking up in good faith under this Policy. Any manager, or co-worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint will be subject to discipline and/or termination. Some examples of what may constitute retaliation may include: unwarranted discipline, consistently assigning undesirable work or schedules, busywork designed to humiliate, denying a promotion or benefits, or condoning practical jokes or acts of harassment by others. Such complaints or investigations into them will remain confidential to the extent possible and permitted by law. For instance, the Company may need to disclose certain information to investigate a matter and disclose corrective measures taken. If an employee believes he or she did not receive fair treatment from their manager in the location or department chain of command under the Open-Door Policy, they should feel free to approach anyone in management or Human Resources at any time or contact the Ethics and Compliance Hotline. E. Accident Review Committee It is best practice to establish an Accident Review Committee (ARC) to provide Operators and others charged with a preventable collision with a forum to appeal the Company’s determination of collision preventability. The Company makes the initial determination of preventability. The ARC does not determine discipline, but the appropriate discipline will be based on the preventability affirmed or rejected by the ARC. The general guidelines of the ARC process are set forth here, and some detail may vary from location to location, with the objective that an employee shall be provided with a fair and unbiased review of his or her collision. An employee’s appeal to the ARC, of the determination that a collision was preventable, must be filed within seven calendar days of the date the employee received notice of the Company’s initial preventability determination. 59 The ARC meets periodically as necessary to resolve appeals. However, in the case of an appeal of a Company determination that resulted in termination, the ARC will convene no later than ten calendar days following the date of the appeal. Local conditions may vary, however, generally the ARC is made up of five individuals – two hourly employees, two managers, and one neutral person. The ARC selects a Chairperson who will maintain order in the hearing and tally the ballots. The employee who has appealed the collision case to the ARC must be present to present the case and answer questions. When the facts have been presented, the ARC will render a timely decision following the presentation of evidence and testimony. In rendering its decision, the ARC will rely on the facts presented at the hearing and is not empowered to alter or change established Company policy, including safety or operational rules. The Chairperson counts the ballots and announces the decision of the ARC. The decision of the ARC will be final and binding and is limited to determining the preventability of the collision in question. F. Placement of Relatives To ensure unbiased treatment of all employees and to avoid the appearance of conflicts of interest in certain employment situations, the Company has adopted a policy with respect to the written disclosure and prior approval of the employment of relatives. A relative is defined as: a spouse or significant other, son, daughter, father, mother, brother, sister, grandparent, grandchild, son or daughter-in-law, parent-in-law, nephew, niece, uncle, or aunt, or any person who legally acts in one of the above capacities, or who is a legal step or half-blood relative, or a family member who permanently resides with the employee. The following are examples of relationships that must be disclosed on a Conflict of Interest form for further review and approval or disapproval by the Conflict of Interest Committee: • Directly or indirectly supervising a relative; • Being in a position that may influence the hiring, promotion, salary, or other terms and conditions of a relative; • Being in a position that may influence contracts, retention or other vender relationships with a company or entity controlled by or providing benefit to a relative. In addition, the employment of a relative of an officer of the Company must be approved by the Conflict of Interest Committee. To the extent possible, a family relationship with a prospective employee must be disclosed by the current employee prior to hire, or as soon as the situation is apparent, and re-reviewed on an annual basis. If you have any questions about the placement of relative policy, you should contact the Human Resources or Ethics and Compliance department. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. 60 G. Visitors Visitors to Company locations, including Company employees “visiting” another location, are to report and sign in at the location. Visitors must be provided with a visitor badge to be worn while on Company property. They should be issued a “Visitor Pass” or “Temporary Pass” as is customary at that location. They are to be escorted while on the Company property and surrender their temporary pass and sign out upon exiting. Visitors must observe and comply with all Safety policies and procedures while on Company property. Under no circumstances may visitors interfere with an employee’s work or the business of the Company. H. Travel Employees are responsible for ensuring the most cost-effective routes, timings and travel plans to meet business needs. In addition, they are responsible for confirming their expenses are appropriate and consistent with the needs of the business Expense claims must be accurate and supported by appropriate receipts. For more detailed information see the company’s Travel and Expenses Policy. I. Unemployment Compensation In most states, Unemployment Compensation systems are state-controlled and administered. The Company financially supports these systems. Any questions relation to Unemployment Compensation should be directed to your manager. J. Political Activity We encourage all employees to vote and be personally active in the political process. However, federal, state/provincial and local laws restrict the use of Company assets in connection with federal, state/provincial and local elections. Employees may not make, directly or indirectly, any political contribution on an expense account. The cost of fund-raising tickets for political functions is considered a political contribution. Therefore, including the cost of any such fund-raising function on an expense report, even if business is discussed, is prohibited. Under no circumstances are local petty cash, draft account, or other funds to be used for contributions to federal, state/provincial or local political campaigns. All requests for political contributions or Company resources that will be used towards political contributions, including use of Company vehicles, property, resources, and personnel time, should be directed to the Legal Department or Ethics and Compliance Line for consideration and resolution. The Company has a specific policy for all political donations which must be strictly followed. Use of employee working time in a political campaign may also be considered the equivalent of a contribution by the Company. It is imperative that any political activity that could be considered a Company sponsorship be disclosed to the Ethics and Compliance and approved by General Counsel. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. 61 Section 9 Performance Code A. Class 1 Infractions – Dischargeable Offenses Employees are expected to conform to common and acceptable standards of behavior and performance, as well as written policies. This Handbook is not intended to provide rigid discipline guidelines on management or the employee when discipline is warranted. Expectations and infractions for Operators and Safety Sensitive employees are discussed in more detail in Section 10H and 10I. If employees have any questions regarding Company policies or procedures, they should speak to their manager. Listed below are some of the Most Serious Offenses and Unacceptable Behaviors that may result in further disciplinary actions, up to and including termination on the first offense. This is listed is not all-inclusive and may change at any time. Convictions and Imprisonment – Conviction of: • DUI or DWI (in accordance with State and/or local law restrictions) • Other criminal convictions (felony or misdemeanor) involving child abuse, neglect or endangerment; related in any way to possession, manufacture, cultivation, use or distribution of illegal substances; allowing Company locations to be used for the purpose of the commission of these offenses or having unlawful possession of associated paraphernalia; unlawful use or possession of any offensive weapon or other article capable of being converted to or used as such a weapon; act of violence against the person or serious criminal damage to property; any offense of a sexual or indecent nature including the unlawful possession of publications and images, the downloading of such images or the managing and accessing of any website containing unlawful sexual content; and any offense involving the unlicensed possession of, alteration to, sale or disposal of any firearm. When an employee is charged with a moving violation, criminal charge or other crime that conflicts with the company employment standards, the employee will be placed on an unpaid administrative SECTION 9 Performance Code 62 leave of absence until resolved. If the employee charge is not resolved by the end of the unpaid leave of absence, the employee can be subject to further disciplinary actions up to and including termination from the company. The employee’s conviction record, the seriousness of the crime and its job relatedness all weigh in towards the final disciplinary decision. Safety – Some safety violations are of such a serious nature that termination is appropriate for the first offense. Some examples include: • Failure to properly secure wheelchairs or other mobility devices • Cell phone use while operating a Company vehicle • Rollaway vehicles due to failure to properly secure a vehicle • Colliding into the rear-end of another vehicle or stationary object • Striking a Pedestrian • Hitting an object or another vehicle when moving a vehicle in reverse. On the street, the operator must first call in before backing; if at a Company location the operator must “get out and look” (GOAL) and seek assistance as appropriate • Running a red light or stop sign, or entering a railroad crossing when the lights are flashing, or the crossing arm is down or descending • Failure to perform proper lock out/tag out procedures, or ignoring or removing a lock, tag, or signage without specific authorization • Smoking in hazardous areas • Violation of any safety policy or practice, or violation of operating policies or procedures that could put an employee or others in imminent danger or could result in bodily injury or damage to Company property, including but not limited to improper seatbelt usage Drugs and Alcohol • Any violation of the Company Drug & Alcohol policy • Possession, consumption, distribution, purchase, or sale, of alcohol or controlled substances, or drug paraphernalia while at a Company location or in a Company vehicle, while on duty, or while representing the Company • Use of alcohol or controlled substances, absent a valid prescription, while at a Company location, in a Company vehicle, while on duty, or while representing the Company • Entering Company property or working on behalf of First Transit while under the influence of either drugs or alcohol • Refusal to take a drug or alcohol test Dishonesty • Falsification of any records, such as employment applications, medical forms, workers’ compensation claims, work orders, parts requests, or giving knowingly or maliciously false testimony in a work-related investigation or proceeding • Falsification of time card or time record; punching or recording another employee’s time card or record; permitting another employee to punch one’s own time card or record one’s time on a time sheet, or in any way tampering with your own or another person’s time card or time record • Moonlighting or working at another job, without permission, while on leave of absence from the Company or that adversely impacts Hours of Service regulations consistent with applicable law • Making or publishing knowingly false statements concerning employees of the Company or the Company’s products or services 63 Stealing / Theft • Stealing from the Company, other employees, passengers or customers, regardless of the amount • Unauthorized removal of any vehicle or equipment of the Company, client, another employee or customer without permission • Theft, embezzlement, removal of Company assets or acting as an accessory to theft or embezzlement of property, merchandise or money belonging to clients, co-workers or the Company; Failure to account for Company or system funds that may come into an employee’s possession • Obtaining fuel, parts, maintenance, or repairs for employee vehicles from any Company operating location or its employees while those employees are on duty • Conducting activities not related to work during paid working time as that term is defined in the Solicitation and Distribution of Literature policy; using Company property, vehicles or equipment for any illegal activity Unauthorized Use or Removal of Company / Client Property or Vehicle • Removing or disposing of Company or client materials, equipment, communication systems, tools, or supplies without prior authorization • Violation of the Company Property policy contained in this Handbook, including but not limited to the disclosure of Company "Confidential Information" • Failure to comply with Company policies concerning the use of email, the Internet, virus protection, data security, and software or license compliance • Unauthorized use of any Company or client vehicle, materials, supplies or equipment. • Repair or maintenance of any-type of non-work vehicle on company property • Tampering with farebox funds Violence / Fighting / Threats • Possession of weapons, firearms, or explosives at a Company location or in a Company vehicle • Terrorist threats or acts of terrorism against the Company, client, passengers, other employees or the public • Provoking a physical fight or engaging in physical fighting during working hours or on premises owned or occupied by the Company, or while in a Company uniform • Using abusive, violent, threatening or vulgar language at any time during working hours or while on premises or property owned or occupied by the Company Harassment • Violation of the Company’s Equal Employment Opportunity or Harassment Free Workplace policy • Sexual or other unlawful or unwelcome sexual advances Insubordination • Insubordination including improper conduct toward a manager or refusal or failure to perform any job or work assignment given by a manager • Refusing to work split shifts, split weeks, or overtime without reasons acceptable to the manager • Instigating, counseling others to or taking part in an unlawful work stoppage or slowdown • Failure to return from leave • Relieving the “call of nature” on or near Company property or equipment 64 Security • Violation of Company security procedures • Giving your Company ID, pass, badge or other Company identification to another person or using another person’s Company ID, pass, badge or other Company identification to enter Company locations or restricted areas • Permitting or granting unauthorized access to non-employees without concern or regard of the Visitors policy and/or guidelines Duty to Report • Failure to immediately report any accident, incident, or unsafe act, no matter how slight, that may, or may not have, resulted in property damage or bodily injury, incurred while driving a Company vehicle • Failure to immediately report any charge, arrest, indictment, or conviction for any type of crime: misdemeanor, felony, or any sexually-related offense • Failure to immediately report any citation or conviction of a moving traffic violation incurred while driving a Company vehicle • Failure to immediately report any citation or conviction of driving under the influence (DUI or DWI), reckless driving, or hit-and-run driving whether on or off the job, in all vehicles • Failure to report, before the next work shift, any moving traffic violations, or citations received for accidents, in all vehicles • Failure to immediately report any incident in which the employee is involved, either on-duty or off-duty, that may affect the employee’s license or fitness to perform Company duties and responsibilities (If off duty, before the next work shift) • Failure to report any charge, arrest, indictment, incarceration, or conviction for any type of crime: felony, misdemeanor, or sexually-related offense Sleeping on the Job • Sleeping, dozing, or giving the appearance of sleeping, during on-duty work time Destruction of Property • Damage or destruction of Company assets, Company property (especially computers), client, or another employee’s personal property Failure to Return to Work • Failure to return to work on the date scheduled for return to work without prior authorization or approval from management Leaving Bus or Passengers • Leaving a bus unattended and unsecured • Leaving a bus unattended with a passenger • Leaving a mobility-impaired or limited-capacity (physical or mental) passenger at a destination unattended Failure to Follow Sleeping Passenger Rules • Leaving a bus with a sleeping passenger on board 65 B. Class 2 Infractions These infractions are considered serious violations of the First Transit performance code. Engaging in any of the conduct or activity below will subject an employee to suspension and final warning for the first offense in a rolling 12-month period. Two safety-related violations in 12 months or three in 36 months will result in termination. Reporting for Duty / Absenteeism • Abusing or misusing sick leave (note: for employee’s subject to mandatory paid sick leave laws, the provisions of the applicable policy govern sick leave issues); • Exchanging work assignments (trade) without proper authority • Stopping work prior to the end of any shift without management’s permission. • Excessive absenteeism, tardiness, starting work late after on the clock, or a pattern of unexcused absences unless otherwise permitted by law; • Reporting for work in an unfit condition • Failing to obtain permission to leave work during normal working hours; Operators in service must contact Dispatch to arrange for nonscheduled breaks Personal Conduct • Discourteous or inappropriate attitude or behavior to passengers or other members of the public • Using abusive or vulgar language at any time during working hours or while on premises owned or occupied by the Company; • Gambling in the workplace • Smoking in a non-designated smoking area and/or smoking while not on an authorized break Personal Protective Equipment (PPE) and High Visibility Apparel • Failure to comply with PPE directives • Failure to wear a High Visibility Safety Vest, Reflective Safety Vest, or Company issued High Visibility Uniform Shirt according to Company policies • Failure to wear Safety Glasses in compliance with PPE directives • Failure to wear Company Assigned Shoe Grips when directed to do so Work Rules • Violation of vehicle operating regulations • Failure to observe safety, sanitation, or disciplinary policies of the client or Company, or laws and regulations of local, State, or federal governments • Failure to comply with the Risk Assessment policy • Working more than an employee’s regularly scheduled hours without advance approval of the Company • Failure to operate a Company vehicle according to assigned route or timetable • Failure to work as directed • Failure of any Operator, Safety Sensitive Employee or employee required to be licensed for driving, to renew and maintain a valid, appropriate driver’s license with required endorsements and a medical certificate for driving a Company vehicle • Using personal equipment to photograph or tape record for nonbusiness purposes during working times or in working areas 66 • Failure to wait for connections or passing up passengers • Transport of unauthorized persons Security • Attempting to enter, entering or assisting any person to enter, or attempt to enter a Company location or restricted areas without proper authority C. Class 3 Infractions These infractions are considered secondary violations of the First Transit performance code. An intelligent and conscientious observance of all policies and regulations is necessary to deserve and maintain the support of the public and build a good record. The first offense in a rolling 12-month period may result in a written warning, the second a final warning and a third offense may lead to termination. For safety violations, a rolling 36- month period is used. Noncompliance with Information Reporting Policies • Failure to report defective equipment • Failure to report a safety hazard • Failure to procure necessary information for the report or submitting an inaccurate or incomplete accident report Selling Goods or Services, and Soliciting and Distribution of Literature • Selling or offering for sale any goods or services to other employees, patrons, or visitors to a Company location or Company vehicle, except on the authorized bulletin board in the employee lounge area • Soliciting other employees for any purpose or distributing literature to them while you are on duty and working. Employees may not solicit other employees who are working or distribute literature to them. Distribution of material in work areas is prohibited at all times • Posting, circulating or distributing written or printed material during working times and in working areas Work Rules • Failure to adhere to the Company Reverse Parking policy for Company vehicles and personal vehicles • Use of a Company-owned radio or cell phone for non-Company business during working time • Using smokeless tobacco while riding in or driving a Company vehicle, or outside the designated smoking area • Failure of any Operator to have in his or her possession a valid, appropriate driver’s license with required endorsements and a medical certificate while driving a Company vehicle • Failure to give satisfactory information to passengers D. Class 4 Infractions These infractions are considered lesser violations of the First Transit performance code that may result in disciplinary action depending on the circumstances or repeated violations. The first and 67 second offense in a rolling 12-month period may result in a written warning, the third a final warning and a fourth offense may lead to termination. For safety violations, a rolling 36-month period is used. Uniforms and Personal Appearance • Failure to comply with the dress code, uniform policy, cleanliness, personal hygiene, personal grooming habits, or other requirements established by the client or Company • Reporting for duty in an improper uniform, presenting an untidy, unkept or dirty appearance of person or uniform, or improperly displaying uniform articles, Company emblem, or authorized pins and badges Work Rules • Parking a personal vehicle in a restricted area at a Company location • Neglect of job duties and responsibilities, or lack of application or effort on the job • Incompetence or failure to meet reasonable standards of efficiency or effectiveness Administrative • Failure to provide First Transit with a current address or telephone number • Failure to inform First Transit of changes in status of dependents for insurance coverage • Littering the employee lounge area, restrooms, or any other company property • Failure to read notices and bulletins and not making an effort to stay informed E. Disciplinary Actions and Personal Conduct Whenever an employee is subject to discipline, the employee’s work record, including violations occurring in the relevant time period, is reviewed before determining penalty. Penalties for violations of multiple rules of the same class, occurring during the same time period, will be addressed at the discretion of management. Equivalencies for Same Class of Infraction *Within 12 months of first offense, 36 months for safety 68 Multiple Written Warnings or Suspensions The previous section relates to repeated occurrences of the same class of infractions. This section outlines appropriate discipline when an employee receives a multiple number of written warnings or suspensions for different classes of infractions. • Written Warning o Third written warning within 12 months – An infraction that would result in a third written warning within 12 months will result in a suspension from work and a final written warning o Fourth written warning within 12 months – An infraction that would result in a fourth written warning within 12 months will be cause to terminate the employee • Suspensions o Second suspension – An employee receiving a second suspension within 12 months for different infractions will receive a final written warning. Future suspensions, for any reason, will be cause to terminate the employee o Third suspension – A third suspension within 12 months for different infractions issued to an employee will be cause to terminate the employee 69 Section 10 Operators and Safety Sensitive Employees NOTE: All Sections of the Handbook apply to Operators and Safety Sensitive Employees. Section 10 is intended to focus attention on issues of special importance to this group. First Transit provides essential services to our passengers. Many of our passengers rely solely on us for their transportation needs, giving them the ability to commute to work, receive vital health care services, attend medical appointments, and provide for many other basic human needs. First Transit and its employees take this responsibility very seriously and our employees are expected to act with integrity, professionalism and above all safety. This Section addresses matters of significant importance to Operators and Safety Sensitive Employees. (In this Section, they are collectively referred to as “Employees”.) The term “Operator” includes all transit drivers whether or not they hold a Commercial Driver’s License (CDL). Certain passenger vehicle Operators must qualify under Federal and State licensing standards and receive additional training. The following information is not intended to be all-inclusive of the operating standards you are expected to meet. Many standards and expectations are stated here in summary form extracted from the training and licensing Employees have received. As a trained professional, regardless of your specific position, you are expected to perform to those standards set by the Company and communicated during Company-provided training. Further, you are held to performance standards established by and relevant to your license, certification, or profession. Employees must have all required credentials, license, medical card, etc. in their possession at all times while on duty. If you have questions, it is your responsibility to seek further information from your manager. Additional detailed information is contained in the First Transit System Safety and Security Plan (SSSP) available at each Company location and on the Company intranet. SECTION 10 Operators and Safety Sensitive Employees 70 A. Operating Procedures Dispatch will assign a bus to each Operator prior to the time of pullout. Operators must use the vehicle assigned to them unless there is a valid safety defect and the change is authorized by the Company. Operators are to use three-point contact when entering or exiting the vehicle. Utilizing hand rails and ensuring proper foot placement on each step to avoid an injury. Before exiting the vehicle, the operator is to stop at the last step and survey their path to avoid tripping. The Operator must ensure that all passenger stops are made safely without incurring damage to the bus, or causing injury or discomfort to passengers or the public. Operators are not to depart the bus stop until all passengers are seated or in a fixed standing position holding on to a stanchion or strap. When stopping, Operators must ensure that entrance and exit doors are positioned to assure the safety of passengers. Passenger doors are not to be activated until the bus has come to a complete stop. Passenger doors are not to be deactivated (and interlock released) until the Operator checks both outside mirrors and rear door mirror. Operator Responsibility to Maintain Schedules Operators are responsible for maintaining their schedules strictly within posted traffic controls and road and traffic conditions. It is necessary to notify Dispatch immediately whenever the bus is behind schedule by five minutes or more unless local policy dictates a different amount of time. Intentional delay of schedule will result in disciplinary action. Every effort should be made to maintain speeds consistent with posted limits and road conditions between stops to operate smoothly and safely. Running ahead of schedule (i.e., running hot) is not acceptable. Operators must be aware of and adhere to local protocols for transfer connections, breakdowns, marked bus zones, posted bus stops, and stopping in obstructed areas. They are also to be aware of rules concerning leaving a bus unattended at the end of the line, proper use of four-way flashers, railroad crossings, stopping for school buses, funeral processions, driving over fire hoses, and handling lost and found articles. Animals are not permitted on buses except Seeing Eye dogs and service animals. B. Vehicle Accidents and Incidents All accidents and collisions must be reported to Dispatch immediately upon occurrence. When reporting to Dispatch, the Operator must state that he or she is reporting an accident and then answer any questions asked by Dispatch. Further, accidents, possible claims of accidents, damage to equipment, injury and possible injury must be reported in writing on an Accident Report Form. A complete, accurate Accident Report Form must be submitted on the day of occurrence no later than one hour after completion of shift. Operators will be paid to complete an Accident Report Form. Employees who fail to report an accident may be subject to disciplinary action up to and including termination. 71 Operators must provide transit management with any additional accident information immediately upon request. Operators must not make any statements about an accident to any third party, except for: local authorities, company officials and union representatives, if applicable. Operators must note any vehicle defects that may have contributed to an accident on the Accident Report Form. Reporting Incidents Incidents with passengers involving slips and falls on or near the vehicle, fights, police action, or removal of a passenger, must be reported to Dispatch immediately and require a written report to be completed before going off duty for the workday. All other incidents and occurrences out of the norm, no matter how slight, are to be reported to Dispatch upon return to the yard. If in doubt, err on the side of reporting it. The following are examples of incidents that must be reported: broken or cracked windows from unknown causes, cut seats, delays, passing up passengers, insufficient or excessive running time in schedule, overloads, etc. If in doubt, immediately contact dispatch. Operators Witnessing an Accident Operators must complete an Incident Report when they witness an accident, even though their vehicle is not involved. The report must be submitted upon return to the yard before going off duty for the workday. Required Courtesy Cards In the event of an accident or an incident, Operators must obtain as many Courtesy Cards as possible from passengers and persons in the immediate area of the accident or incident who may have witnessed the event. Operators must start with the passengers in the rear of the bus to obtain their names and politely request that the Courtesy Card be filled out. The Operator should say, “Would you please fill out this card? I am required to obtain these cards from all passengers who were on the bus at the time of the accident or incident.” When Courtesy Cards are returned, they are to be carefully checked for legibility. C. Passenger Relations All our passengers are our valued customers. Providing safe transportation services to them is the reason we are in business. The policy of First Transit is to treat our passengers and the public with dignity and respect. The relationship between First Transit employees and passengers must be strictly professional at all times. All interaction with passengers must be free from personal relationships, conversations, or conduct that could be construed as harassment, abuse, or otherwise inappropriate. Prohibited conduct that may result in discipline, up to and including termination, includes but is not limited to: • Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature • Threats, abuse, coercion, or intimidation of any nature • Use of profane, abusive, or insulting language 72 • Accepting/soliciting or offering any invitations, favors, money of any kind, or gifts in violation of the Gift and Hospitality policy • Discussing your personal life or a passenger’s personal life • Meeting or dating a passenger for personal reasons on or off duty • Physical contact that is deemed inappropriate Customer complaints are reviewed to determine validity. When the investigation reveals that a complaint is valid, appropriate action will be taken. State and federal regulations prohibit the operation of transit buses when passengers are forward of the white or yellow line. For the safety of our passengers, all Operators must enforce this regulation. Additional rules to provide for the comfort of our passengers include: prohibition of smoking on buses, no eating or drinking from open containers on buses, no playing loud radios or other audio or video devices, and no loud or disruptive behavior by passengers. Operators are expected to enforce these rules or to seek assistance via Dispatch if passengers do not comply. D. Farebox Responsibilities and Procedures Operators will be held responsible for the proper use of the farebox including deposit by passengers of the proper fare per the training provided by the Company. The Operator must ensure that proper fare media are placed in the appropriate section of the farebox. Improper use or theft of farebox money is grounds for termination. The only fare media accepted are US coins, dollar bills, and approved tokens, and, in certain areas, transfers, tickets, and electronic fare media. Special Fares may be in effect for students, elderly patrons, persons with disabilities, uniformed safety or police officers, and very young children. These fares may require a special ID card. Operators are responsible to confirm the proper ID and contact Dispatch if an issue is unresolved. When a passenger pays a special fare, the Operator must press the appropriate key on the farebox keypad, unless the electronic farebox recognizes the special fare, or record the fare in the appropriate section if a manual fare recording system is in use. The Operator must clear the farebox at the end of each line or trip and before going out of service. The information collected from the fareboxes, or on ridership tracking forms, is used in many reports. It must be collected with as much consistency and accuracy as possible. The Operator must input all pertinent information into the farebox, or on the forms, before pull-out to ensure that passengers are counted properly. Farebox Problems Dispatch is to be notified immediately of any farebox problem that cannot be cleared by the operator that might inhibit the proper collection of fares. Also, farebox defects must be reported on a DVIR. In paratransit operations, if a rider is short the fare, it must be reported for further instruction. Tampering with the Farebox Any form of tampering with the farebox is strictly prohibited and is grounds for termination. 73 Paying Exact Fare Passengers are required to personally deposit the exact fare in the locked farebox, including any applicable transfer charge. An Operator is permitted to make a hand deposit for a disabled passenger unable to deposit his or her own fare. E. Radio Communications A radio communication system has been installed in many vehicles to provide ongoing communication between Operators and Dispatch to maintain reliable service and to respond quickly in emergency situations. If a vehicle is equipped, operators must be knowledgeable of the material in the SSSP and follow instructions on the use of the radios. Radio use must be kept to a minimum and used only for specific business related or emergency communications. Operators who need to communicate with Dispatch for non-business purposes should use an alternate form of communication. All radio communication systems are under the jurisdiction of, and regulated by, the Federal Communications Commission (FCC). Certain standards of operation are required by federal law. F. Americans with Disabilities Act First Transit is committed to providing the highest level of transportation service to the public and our clients. To ensure that individuals with disabilities are afforded the same quality service, First Transit supports the ADA. The ADA provides guarantees in many areas, one of which is public transportation. Under the ADA public transit companies and their employees are required to follow specific guidelines. The guidelines below must be followed: • Operators provide the same service to customers with disabilities as they provide to their able- bodied customers. There can be no difference in the service provided. • Operators cannot require a person with a disability to travel with an attendant. A customer with a disability can have only one Personal Care Attendant (PCA). In the case of a full vehicle, if only one more person would be allowed to board, the disabled customer must be given the opportunity to ride, even if this means that the PCA would be left behind because there is not enough room for them to ride. In all cases, the person specified by the disabled person as his or her PCA, must get on the vehicle at the same location as the disabled person and they must have the identical destination as the disabled person. No fare is charged for the PCA. • Operators shall not require individuals with disabilities to use designated priority seating if the person does not choose to do so. • Wheelchair lifts and ramps must be cycled every day and records maintained. During the pretrip inspection of the vehicle, if all the required straps and devices are not on board, the operator must contact Dispatch for assistance before pulling from the yard. Operators must report defects and lift failures to Dispatch by the most immediate means available (e.g., radio or telephone). • Whenever a customer with a disability must be delayed in their travel due to failure of the lift (or for any other reason), the Operator must report the situation at once to Dispatch. In all cases, 74 when a disabled person must be “left behind” at a stop for any reason, Dispatch must be notified immediately. Alternate transportation must be provided to the disabled customer if the delay will exceed more than 30 minutes. • Operators are required to use all securement devices provided by the manufacturer (including straps, harnesses, clamps, etc.) as they were intended to be used. Customers in wheelchairs must allow the operator to secure the wheelchair or service may be denied. Operators must make every attempt to secure the wheelchair (or other mobility device) to the best of their ability. An operator cannot deny service to the customer due to a wheelchair malfunction in which it cannot be secured. Any instance where a passenger refuses securement of their wheelchair and/or the operator being unable to secure the wheelchair must be reported immediately to dispatch prior to the operator moving the vehicle. • Operators may recommend that customers transfer from their three or four-wheel mobility devices (such as tricycle type wheelchairs) to regular fixed seating in the vehicle. However, the Operator cannot require a disabled customer to move. If the customer chooses to move to fixed seating, the Operator must assist with making the move and the mobility device must be completely secured with tie-downs. • Operators are required to provide assistance to the disabled customer by using the securement devices, repositioning the person’s wheelchair, storing a person’s walker or crutches, moving to a fixed seat, etc. • Operators must permit customers, if requested, to use the lift or ramp to board and descend from the vehicle whether or not they use a wheelchair. For example, a customer using a walker or a customer with arthritis may find it impossible to negotiate the steps of the vehicle when boarding and descending. Any customers must be given the opportunity to use the lift, if they request it. • Operators should recommend to wheelchair users that they should “back” onto the lift and ride up or down facing away from the side of the vehicle; however, the decision to drive forward or backward onto the lift rests ultimately with the customer in a wheelchair. Consideration should be given to the manufacturer’s recommendations which have to do with balance and the center of gravity of the individual in the wheelchair. • The seatbelts and shoulder harness straps must be provided for all customers in wheelchairs. The proper use and condition of belts and straps rests with the operator of the vehicle. Transportation cannot be denied if restraints are missing or inoperative. • Operators must announce stop and transfer points on fixed routes. Also, operators are required to announce stops upon the request of a customer with a disability. This action is designed to assist sight-impaired individuals. Operators must announce – outside of the bus – their route number at transfer points and bus stops serviced by other routes to assist sight-impaired customers who find it hard to read a bus destination sign. If a PA system is available Operators are also to announce major intersections, time points, and major destinations. An automated system may be utilized by Operators for these announcements. • Operators are required to use all accessibility-related features provided by the manufacturer of the vehicle; for example, lifts, securement straps, PA systems, annunciators, etc. 75 • Customers with disabilities who have respiratory conditions that require the use of an oxygen bottle or tank must be allowed to bring the tank or bottle on board, provided that the tank or bottle can be secured. • Operators must allow a disabled customer the necessary time it takes to board or descend from the vehicle, without comment. • Operators of Public transport systems must attend training that includes understanding of and sensitivity to the needs of customers with disabilities. Operators must be knowledgeable about a variety of disabilities and must be trained to proficiency. • Operators must permit service animals to board the vehicle with a customer with a disability. The term “service animal” means any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. • Operators must allow customers with disabilities to use all stops that are open to all customers (even if it conflicts with the operator’s own best judgment). However, if there is construction or other temporary obstacles at the stop, the Operator may choose an alternative stop. • Whenever there is room on board, a person using a wheelchair must be allowed to board. This often means that an Operator will have to ask customers seated in the securement area to move so that the wheelchair can be secured. • Priority seating areas and wheelchair securement areas must be labeled. • Therefore, it is the responsibility of the Operator to report missing or damaged signs or labels on the vehicle or equipment defect sheet so that they can be replaced or repaired promptly. • Customers in wheelchairs must be able to reach the signal for the “next stop” buzzer or bell. Also, customers in wheelchairs must be able to see the visual sign which tells them that the “next stop” has been requested. Operators may still ask customers using wheelchairs where they want to descend (as a safety measure and for convenience of the disabled customer). G. Required Notifications Employees are required to notify their manager of any of the following events within the time frame stated. Failure to do so will subject the employee to disciplinary action up to and including termination. Alcohol-Related Traffic Citation or Arrest If an employee is arrested and formally charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) or is found to have excessive blood alcohol content (0.02 BAC or higher), the employee must provide notification of the event to the Company prior to the employee’s next work shift. If the situation stems from an on-the-job occurrence the employee must report the situation to his or her manager immediately. 76 An Operator or Safety Sensitive Employee formally charged with any driving violation relating to drugs or alcohol will be placed on administrative suspension without pay until the case is resolved. A conviction (for purposes of this procedure, includes a finding of guilty by a judge or jury, a plea of nolo contendere, no contest, or plea of guilty) will result in termination for a first occurrence. If the matter is reduced with no finding of guilt, the Company will evaluate the matter at the time. Moving Violations Employees have a duty to report to management all traffic citations and convictions (except parking violations) received before the start of the next work shift. Citations received while driving a Company vehicle must be reported immediately. The Federal Motor Carrier Safety Regulations (FMCSR), Sections 49 CFR 383.31 (a), (b), (c), and 383.33, specify notifications. (NOTE: First Transit rules are highlighted in bold type.) • You must notify your employer if your license is suspended, revoked, or canceled or if you are disqualified from operating a Commercial Motor Vehicle (CMV). Do this before the end of the business day following the day you receive notice of the action. First Transit requires notification before your next work shift. • You must notify your employer of all traffic convictions. This includes those in your private automobile as well as a commercial vehicle. Notification must be in writing within thirty days of the conviction. First Transit requires notification of all citations and convictions before your next work shift. • Under CDL requirements you must notify your State’s Department of License or Department of Motor Vehicles of all out-of-State traffic convictions. Notification must be in writing within 30 days of the conviction. First Transit requires notification of all citations and convictions before your next work shift. The FMCSR in Section 49 CFR 383.51 defines the types of Moving Violations that may jeopardize an employee’s CDL. The first classification is “Major Offenses” while operating a CMV or non-CMV that result in a one-year or lifetime disqualification from CDL driving. For First Transit, an employee with one of these offenses will be terminated. These include: • Being under the influence of alcohol as prescribed by State law. • Being under the influence of a controlled substance. • Having a blood alcohol concentration of 0.04 BAC or greater while operating a CMV. • Refusing to take a drug or alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in the FMCSR. • Leaving the scene of an accident. • Using the vehicle to commit a felony, other than a felony described in the last bullet below. • Driving a CMV when, because of prior violations committed while operating a CMV, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. • Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. • Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance (lifetime disqualification). 77 The FMCSR further defines “Serious Traffic Violations” (while operating a CMV or while operating a non-CMV if the conviction results in the revocation, cancellation, or suspension of the holder’s license or non-CMV driving privileges) that, for the second violation of any combination of offenses listed below within a three-year period, will result in disqualification from CDL driving for 60 days. Further disciplinary action, up to and including termination may result should a driver receive a serious traffic violation as defined by FMCSR. These include: • Speeding excessively, involving any speed of 15 miles per hour or more above the posted speed limit. • Driving recklessly, as defined by State or local law or regulation including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. • Making improper or erratic traffic lane changes. • Following the vehicle ahead too closely. • Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident. • Driving a CMV without obtaining a CDL. • Driving a CMV without a CDL in the driver’s possession. • Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. The FMCSR does not specifically address other lesser levels of moving violations. However, to maintain the highest standards of safety for our passengers, our employees, and the public, First Transit holds its employees accountable for all moving violations, including those defined by the FMCSR as “Major” and “Serious.” First Transit reserves the right to set standards higher than the FMCSR. The employee is responsible for any traffic ticket or citation received while operating or in possession of a Company vehicle. Any related fines not promptly paid may be deducted from the employee’s paycheck, in accordance with applicable laws. H. Discipline for Traffic Violations and Preventable Accidents Although employment may be terminated at-will by either the employee or the Company at any time in accordance with applicable law, without following any formal system of discipline or warning, we may exercise discretion to utilize forms of discipline that are less severe than termination. The Company reserves the right to determine which type of disciplinary action to issue in response to any type of traffic violation or preventable accident, up to and including termination of employment. Although the Company maintains the right to determine what form of disciplinary action to take concerning any type of traffic violation or preventable accident, the company may decide to follow the following forms of discipline for such incidents: 78 Please note that any combination of the violations below that qualifies as “two in 12-months” or “three in 36-months” will result in the appropriate discipline level. By way of example, one moving violation and one preventable within a rolling 12-month period may result in termination, or two moving violations and one preventable within 36 months may result in termination. Moving violations that occurred prior to the employee’s employment date are not exempt from this policy. Accidents Any collision that occurs while an Operator is on duty must be reported and will be investigated by Safety to determine preventability or non-preventability. The goal of the investigation is to improve safety and prevent future collisions. Preventability decisions may be appealed to the location’s Accident Review Committee. Some safety violations are of such a serious nature that termination is appropriate for the first offense. Some examples include: • Failure to properly secure wheelchairs or other mobility devices • Cell phone use while operating a Company vehicle • Rollaway vehicles due to failure to properly secure a vehicle • Colliding into the rear-end of another vehicle or stationary object • Striking a Pedestrian • Hitting an object or another vehicle when moving a vehicle in reverse. On the street, the operator must first call in before backing; if at a Company location the operator must “get out and look” (GOAL) and seek assistance as appropriate 79 • Running a red light or stop sign, or entering a railroad crossing when the lights are flashing, or the crossing arm is down or descending • Failure to perform proper lock out/tag out procedures, or ignoring or removing a lock, tag, or signage without specific authorization • Smoking in hazardous areas • Violation of any safety policy or practice, or violation of operating policies or procedures that could put an employee or others in imminent danger or could result in bodily injury or damage to Company property 80 Section 11 Medicaid Fraud, Waste, and Abuse A. Fraud and Abuse First Transit provides both ADA Paratransit services and Non-Emergency Medical Transportation (NEMT) services. These two Demand Response services are often mixed together at a single location and may use similar vehicles. However, NEMT services come with unique regulatory compliance issues and a heightened concerned for potential Fraud, Waste and Abuse. NEMT services help individuals get to needed medical appointments or services. These trips are always medically related and almost always paid for by public healthcare funds like Medicaid or Medicare. Public healthcare funds come with a heavy dose of regulations, documentation requirements and billing restrictions. Why all the rules? Because public funds are our tax dollars at work. It’s estimated that healthcare fraud wastes of $60 billion dollars every year. First Transit has policies and procedures in place to help identify and prevent potential Fraud, Waste and Abuse in NEMT services. Client and First Transit are extremely concerned about fraudulent, abusive and inappropriate use of Medicaid covered transportation both on the part of providers and Participants, including: • Transportation of ineligible riders; • Trips to non-covered Medicaid services; • Charges by providers for more miles than the actual trip distance; • Multiple trips where only one is necessary, such as for two round trips when a three-legged trip is appropriate for two appointments on the same day; • Transportation in an ambulance or wheelchair-accessible vehicle when client’s medical needs do not warrant such level of transportation; • Billing for trips that never occur; and • Gratuities or other types of inducements to clients or others acting on behalf of clients for any purpose. SECTION 11 Medicaid Fraud, Waste, and Abuse 81 First Transit’s policy prohibiting fraud, waste and abuse applies to all our employees as well as all our business partners. This policy includes the following: • We will not knowingly take any action or failing to take any action that could result in an unauthorized benefit to the First, its employees, its subcontractors, its vendors or to a Participant. • We commit to preventing, detecting, investigating and reporting potential fraud and abuse occurrences, and shall assist Clients and the U.S. Department of Health and Human Services (DHHS) in preventing and prosecuting fraud and abuse in the non-emergency medical transportation program. • We acknowledge that the Office of Inspector General has the authority to impose civil monetary penalties on individuals and entities that submit false and fraudulent claims related to the non- emergency medical transportation program. • We will immediately notify a manager, Compliance, HR, Legal or the Ethics & Compliance Line when potential fraud or abuse by a Participant or a transportation provider exists, including, but not limited to the following situations: o False statements, misrepresentations, concealment, failure to disclose and conversion of benefits; o Any giving or seeking of kickbacks, rebates or similar remuneration; o Charging or receiving reimbursement more than that provided under the relevant Contact; o False statements or misrepresentation made by a provider, subcontractor or Participant to qualify for the non-emergency medical transportation program. First Transit’s Healthcare Fraud, Waste and Abuse Policy is one of several policies which support our company’s ethical culture. It provides specific guidance regarding the standards which we are required to uphold in connection with detecting, correcting, and preventing fraud, waste, and abuse. A full copy of First Transit’s policy may be found on the Employee Portal. Among other things, this policy describes the steps we will take to prevent the occurrence of fraud, waste and abuse and the actions we will take if our standards are not met. Some of First Transit’s prevention and detection procedures include: • Pre-trip screenings to verify rider eligibility and verify the trip is to an approved healthcare provider; • Requirement that all individuals providing service, from drivers to office staff, have been screened against the OIG exclusion database prior to providing service and on monthly basis thereafter; • Requiring pre-authorization and unique trip identifiers for trips; • Data analysis to identify fraudulent patterns and trips; • Gate keeping mechanisms to ensure trips are performed by eligible drivers in certified vehicles; • Active management of network providers to ensure trips are performed in compliance with contract requirements. First Transit has zero tolerance for the commission or concealment of acts of fraud, waste or abuse, and such acts will not be tolerated. We also require our business partners to uphold a similar commitment to ethical conduct and assure that they, their employees, and downstream entities who support our business also comply with the guiding principles outlined First Transit’s Healthcare Fraud, Waste and Abuse Policy. Employees or contractors are required to report any suspicions or knowledge of fraud, waste or abuse or any activity that may violate any of the laws above. 82 Additionally, employees and contractors must cooperate in all investigation, whether by First Transit or by any governmental agency, as required by law. B. Healthcare Fraud and Abuse Laws First Transit is committed to complying with applicable federal and state fraud & abuse laws and with the Deficit Reduction Act of 2005, which requires written policies and procedures to inform employees, contractors and agents about federal and state false claims and whistleblower laws. Below are some of the more prominent fraud and abuse laws. Additional information can be found in First Transit’s Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. C. False Claim Laws Federal False Claims Act 31 U.S.C. §§ 3729 - 3733 The federal False Claims Act (FCA) prohibits any person or entity from knowingly submitting, causing to be submitted or presenting a false claim to any federal employee or agency for payment or approval, such as a claim for reimbursement from Medicare or Medicaid. The FCA also prohibits any person or entity from knowingly making or using a false record or statement to obtain approval of a claim for reimbursement. Examples of false claims include: • Billing for services not provided; • Billing for mileage when a patient was not in the vehicle; • Billing for services that are not documented; • Falsifying a driver’s qualifications on the driver’s record; • Billing for transportation to a non-medical destination, such as a grocery store; • Submitting duplicate claims for the same service; • Inaccurate or incorrect coding of the services provided; • Failing to report overpayments or credit balances; or • Participating in violations of the Anti-Kickback Law. “Knowingly” means a person has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information. A violation of the FCA does not require proof of a specific intent to defraud. A “claim” includes any request or demand for money or property to the federal government or to a federal contractor, grantee or other recipient, if any portion of the requested money or property is funded by or will be reimbursed by the federal government, such as the Medicaid program. A person or entity that violates the FCA will be subject to the following: • Civil monetary penalties ranging from $10,781.00 to $23,563.00 for each false claim submitted; • A fine of 3 times the amount of the damages sustained by the federal government; and • Exclusion from participation in federal health care programs, such as Medicare and Medicaid. The FCA includes qui tam or whistleblower provisions, which allow any person with actual knowledge of allegedly false claims to file a lawsuit on behalf of the federal government. These 83 persons are referred to in the FCA as “relators.” The relator must file his/her lawsuit on behalf of the government in a federal district court. The lawsuit must be filed “under seal,” which means that it is kept confidential while the government is reviewing and investigating the allegations in the lawsuit and deciding how to proceed. If the federal government determines that the lawsuit has merit and decides to intervene, the U.S. Department of Justice will handle prosecution of the case. If the government decides not to intervene, the relator can continue with the lawsuit on his/her own. The government may intervene later upon a showing of good cause. Depending on whether the federal government intervenes, or the relator pursues the case on his/her own and if the lawsuit is successful, the relator may receive a percentage of the award or settlement, depending on the relator’s contribution to the case. The relator will also be entitled to reimbursement for reasonable expenses, attorney’s fees and costs. In a case pursued by the relator without the government, if the court finds the defendant not guilty and the relator’s claim frivolous, the court may require the relator to reimburse the defendant’s reasonable costs and attorney’s fees. If the court finds that the relator planned and initiated the violation upon which the lawsuit is based, the court may reduce the relator’s share. If the relator is convicted of criminal conduct, the relator will be dismissed from the lawsuit and will not receive any reward. The FCA protects employees who are involved in a qui tam lawsuit, such as filing a lawsuit, investigating a false claim, providing testimony or assisting with the lawsuit. An employee who has been terminated, demoted, suspended, threatened, harassed or in any way discriminated against by his/her employer because of the employee’s involvement in a false claims disclosure will be entitled to all relief necessary to make the employee whole, including: • Reinstatement with the same seniority that the employee would have had but for the discrimination; • 2 times the amount of back pay plus interest; and • Compensation for any special damages sustained because of the discrimination, including litigation costs and reasonable attorney’s fees. State False Claims Act Many states have state false claims acts as well. This includes: Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, and Washington. Additional details about these state’s false claims acts can be found in First Transit’s Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. 84 D. Fraud and Abuse Laws Federal Anti-Kickback Statute 42 U.S.C. § 1320a-7b The federal Anti-Kickback Statute prohibits any person from knowingly and willfully soliciting, receiving, offering or paying anything of value, directly or indirectly, overtly or covertly, in cash or in kind, to a person or entity in return for furnishing, referring, ordering or recommending any item or service for which payment may be made in whole or in part by a federal health care program, such as Medicare or Medicaid. This is a criminal statute and requires proof of intent for a violation. Violation of the Anti-Kickback Statute is a felony and will subject the violator to the following penalties for each violation: • A fine of up to $25,000; • Imprisonment for up to 5 years; • Administrative civil monetary penalties of up to $50,000; • Exposure to False Claims Act liability for claims submitted; and • Exclusion from participation in federal and state health care programs, such as Medicare and Medicaid. Civil Monetary Penalties Law 42 U.S.C. § 1320a-7a The federal Civil Monetary Penalties Law (“CMPL”) imposes additional penalties on any one who knowingly presents a claim to a federal or state officer, employee or agency if: • The claim is for a service that the person knows or should know was not provided as claimed; • The claim is for a service and the person knows or should know that the claim is false or fraudulent; • The claim is for a service provided by a person who was excluded from participating in any federal health care program, such as Medicare or Medicaid, at the time the service was provided; • The claim is for a pattern of services that the person knows or should know are not medically necessary; • The person offers or gives something of value to a Medicare or Medicaid patient that the person knows or should know is likely to induce the patient to order or receive services for which Medicare or Medicaid pays; • The person knows of any overpayment from the Medicare or Medicaid program and does not return the overpayment within the time period required by law; or • The service or arrangement for services violates the federal Anti-Kickback Statute. Penalties under the CMPL range from fines of $10,000 per service to $50,000 per violation of the Anti-Kickback Statute and include exclusion from participating in any federal or state health care program. Administrative Remedies for False Claims 31 U.S.C. §§ 3801-3812 Under this federal law, a federal agency may impose penalties on a person who makes, presents or submits a claim or written statement: • That the person knows or has reason to know is false, fictitious or fraudulent; 85 • That includes or is supported by any written statement asserting a material fact that is false, fictitious or fraudulent or omitting a material fact; or • That is for the provision of property or services that have not been provided. Proof of specific intent to defraud is not necessary for a violation of this law. The penalties for violation of this federal law are a civil penalty of up to $5,000 for each claim or statement and an assessment of twice the amount of the false, fraudulent or fictitious claim. Health Care Fraud Statute 18 U.S.C. § 1347 This federal criminal statute imposes criminal penalties on an individual who knowingly and willfully executes or attempts to execute a scheme to defraud any health care benefit program (not just Medicare or Medicaid) or a scheme to obtain, by means of false or fraudulent pretenses, representations or promises, any money or property owned or controlled by a health care benefit program in connection with the delivery of or payment for health care services. Violation of this law may result in criminal fines and/or the following prison terms: • Up to 10 years for a violation; • Up to 20 years if the violation results in serious bodily injury; or • Any number of years to life if the violation resulted in death. State Fraud & Abuse Laws Many states have state fraud and abuse laws as well. Additional details about these state’s false claims acts can be found in First Transit’s Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. E. Duty to Report Wrongdoing First Transit is committed to investigating all good faith claims of wrongdoing so that corrective action may be taken. To that purpose, First Transit encourages any employee, contractor or vendor to report wrongdoing or illegal acts to your First Transit’s Manager so long as they are not believed to be involved in the fraud, waste or abuse being reported. Management within First Transit will ensure the matter is reported to Group Security and the First Transit will investigate and take appropriate steps to correct the wrongdoing or potential violation. Alternatively, reports may be made anonymously using the FGA Ethics & Compliance line at 1.877.3CALLFG, (1.877.322.5534) or by emailing Compliance@firstgroup.com. You may also contact the Healthcare Compliance Officer directly: Jessica Hylander Director of Healthcare Compliance First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Jessica.Hylander@firstgroup.com 86 Self-reporting is also encouraged. Anyone who reports his/her own violation will receive due consideration regarding disciplinary action that may be taken. Upon a report of a violation, First Transit will investigate to determine the nature, scope and duration of the violation, if any. If it is determined that there was a violation, First Transit will develop a plan for corrective action. First Transit strictly forbids any retaliation or discrimination against anyone who makes a good faith report of a violation or cooperates in an investigation. If an employee or contractor believes that an adverse action in the form of retaliation or discrimination has been taken against him/her as a result of making a report of a violation, the employee or contractor should report the retaliation or discrimination to your First Transit’s Manager if not involved in the suspected retaliation/retribution or you may report it using FGA’s hotline. Anyone who makes a report of a violation maliciously, frivolously or in bad faith will be subject to disciplinary action, including termination. 87 NOTES 88 NOTES 89 EMPLOYEE HANDBOOK ACKNOWLEDGMENT Amended February 2019 This is to acknowledge that I have received a copy of the First Transit Employee Handbook and the applicable State Supplement for the state in which I work (collectively, Handbook). I understand that the Handbook contains important information on the Company’s general policies and on my privileges and obligations as an employee. I acknowledge that I am expected to read, understand and adhere to the Company policies and will familiarize myself with the material in the Employee Handbook. I understand that the Company may change, rescind, add to or interpret any polices, programs or procedures described in the Employee Handbook from time to time at its sole and absolute discretion with or without prior notice. I understand that employment with First Transit is considered to be “At-Will” employment (except for employees covered by a Collective Bargaining Agreement or where otherwise prohibited by law). As such, I understand that my employment with the Company is not for a specified term and is at the mutual consent of myself and the Company. Accordingly, either I or the Company may terminate that employment relationship “at-will,” with or without cause, at any time, with or without notice. I further understand that only the President of First Transit has the authority to modify the at-will nature of the employment relationship and may do so only in a written agreement executed by the President and the employee. If the terms and conditions of my employment are covered by a Collective Bargaining Agreement, any term or condition contained in the Collective Bargaining Agreement supersedes the terms and conditions contained in this Employee Handbook, if they conflict. I understand and acknowledge that nothing in this Employee Handbook is intended to limit any concerted activities by employees relating to their wages, hours or working conditions, or any other conduct protected by Section 7 of the National Labor Relations Act. Furthermore, nothing in this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), Securities and Exchange Commission (“SEC”) or any other federal, state or local agency charged with the enforcement of any laws. Name (Please Print): ________________________________________________________ Location: __________________________________________________________ Position: ____________________________________________________________ Signature: ____________________________________________________________ Date: _____________________________________________________________ (This form is to be signed, removed, and included in your personnel file.) 90 Complaint Reporting Form If you have a question or concern, please fill out the following form and return it to the Human Resources Department. Printed Name: Location: Phone Number: Please describe your question or concern in as much detail as possible. If needed you may attach additional pages to this form. _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ I understand that to the degree possible, the disclosures that I make will be held confidential and that I will suffer no retaliation for reporting my “good faith” concerns. Signature: _____________________________________________________________ Date: _________________________________________________________________ 92 Useful Contact Information Content Contact Information Benefits Center Medical Insurance, Dental, Vision, Disability and Life Insurance Retirement, 401(k), Pension VISIT: www.myFirstStop.net CALL: 1.833.277.8056 CALL: 1.833.543.1965 FirstGroup Careers CALL: 1.513.419.3222 VISIT: https://apply.internal.firstgroupcareers.com Central Background Checking Unit CALL: 1.513.419.2985 EMAIL: cbcuquestions@firstgroup.com First America University VISIT: http://firstuniversity.skillport.com EMAIL: OnlineLearning@firstgroup.com Payroll/Lost Check/Direct Deposit Emergency Contact Location Management Ethics and Compliance Hotline CALL: 1.877.322.5534 VISIT: Ethicsfirst.ethicspoint.com EMAIL: compliance@firstgroup.com Media Inquires CALL: 1.513.362.4600 EMAIL: fga.communications@firstgroup.com Employment Verifications (The Work Number) First America Employer Code: 12987 CALL: 1.800.367.5690 VISIT: www.theworknumber.com Safety EMAIL: CorporateSafety@firstgroup.com National Drug and Alcohol Program Administrator CALL: 1.513.684.8736 Corporate Headquarters CALL: 1.800.844.5588 CALL: 1.513.241.2200 VISIT: www.firstgroupamerica.com Useful Contact Information Content Contact Information Benefits Center Medical Insurance, Dental, Vision, Disability and Life Insurance Retirement, 401(k), Pension VISIT: www.myFirstStop.net CALL: 1.833.277.8056 CALL: 1.833.543.1965 FirstGroup Careers CALL: 1.513.419.3222 VISIT: https://apply.internal.firstgroupcareers.com Central Background Checking Unit CALL: 1.513.419.2985 EMAIL: cbcuquestions@firstgroup.com First America University VISIT: http://firstuniversity.skillport.com EMAIL: OnlineLearning@firstgroup.com Payroll/Lost Check/Direct Deposit Emergency Contact Location Management Ethics and Compliance Hotline CALL: 1.877.322.5534 VISIT: Ethicsfirst.ethicspoint.com EMAIL: compliance@firstgroup.com Media Inquires CALL: 1.513.362.4600 EMAIL: fga.communications@firstgroup.com Employment Verifications (The Work Number) First America Employer Code: 12987 CALL: 1.800.367.5690 VISIT: www.theworknumber.com Safety EMAIL: CorporateSafety@firstgroup.com National Drug and Alcohol Program Administrator CALL: 1.513.684.8736 Corporate Headquarters CALL: 1.800.844.5588 CALL: 1.513.241.2200 VISIT: www.firstgroupamerica.com 94 1-877-322-5534 CALL: compliance@firstgroup.comEMAIL: Report your concerns! If you have concerns about these or any other issues, contact the Ethics Hotline. It’s operated by an external company, not by FirstGroup, so you can confidentially report a concern and remain anonymous. The Hotline is open 24 hours a day, every day of the year. VISIT:www.ethicsfirst.ethicspoint.com ETHICS HOTLINE: Take Action! Got a QR reader? You can also report anonymously by using a smart device to scan the QR code. Visit the ethics page and anonymously file a report. Any day. Any time. Your road to reporting... 3 ways to report First Transit Agency Safety Plan CONFIDENTIALRedacted due to Proprietary or Confidential Information (PDF Pgs. 713-781) Appendix A: First Transit Safety Policy CONFIDENTIAL 19ATTACHMENT 19 1 ACCIDENT RESPONSE PROCEDURES First Transit’s accident procedures are used when responding to: • Vehicle-involved collisions • Passenger, customer, or employee accidents and injuries • Pedestrian and bicycle accidents • Fixed-objects accidents (curbs, tree limbs, signs, etc.). All supervisors attend a training module on Accident Investigation Procedures and Documentation. This provides supervisors with the information needed to properly gather and document all of the facts relevant to an investigation, and to ensure that the driver complies with USDOT, First Transit, and <<clientShort>> policies. Supervisors are also trained on how to secure the vehicles involved in an accident, judging whether or not to return vehicles to immediate service, and effective coordination with all key operations personnel. ACCIDENT NOTIFICATION COMMUNICATION TREE Driver and Dispatcher Driver Notifies Dispatcher Dispatcher assesses Driver's call and contacts 911 Dispatcher and Management Dispatcher contacts road supervisor for on-scene review, general manager, and other required management Major Accidents or Media Coverage GM contacts <<clientShort>> and others on emergency contact list Crisis Communication GM contacts region safety manager and region vice president -moves up chain of command for direction Insurance Reporting All serious accidents reported to the Aon claims office DRIVER RESPONSIBILITY AT THE ACCIDENT SCENE First Transit’s drivers are trained on how to respond in accidents to ensure the safety of their passengers and the accuracy of the information reported to the police and to <<clientShort>>. First Transit’s drivers are trained to not respond to any media requests or discuss the accident with anyone except First Transit supervisors, company insurance adjusters, or emergency personnel. They make no agreements, settlements, or commitments and cooperate with police to ensure the safe resolution of the event. DISPATCHER RESPONSIBILITIES Accident documentation packet must be completed and turned into the supervisor before the shift is completed. Dispatcher on Duty must document the following: Record all accident information in the Daily Log, including any down time, bus change-outs or passengers transferred in a different vehicle. Check for Injuries •Provide first aid if necessary •Make a list of injured person(s) name, addresses and phone numbers •Gather facts about the extent of injuries •Document the first-aid that has been given to the injured •Have passengers sign a release form if no injuries occurred Notify Dispatch •Provide information on any injuries on board and a passenger count •Give dispatcher accurate location information •Provide a description of any other vehicles or pedestrians involved Take Safety Precautions •Place safety triangles •Handle passengers courteously, but give instruction •Keep passengers safe by remaining off streets, highways, etc. Observe & Record Facts •Begin completion of accident pack •Record exact time and place of accident •Document any other witnesses names, addresses and phone numbers •Obtain names and badge numbers of investigating officers and emergency personnel Gather information on injuries, location, people on board, and vehicles/pedestrians invlolved Call 911, notify the GM and dispatch a road supervisor to the scene Remind operator of safety precautions Cover the route and arrange travel for all passengers on board ROAD SUPERVISOR RESPONSE AND DOCUMENTATION When responding to any road call or accident, the road supervisor is required to have the following kit while working on the scene: • Accident reporting documents • Writing instruments • Paper • Clipboard • Camera, extra film, batteries, digital storage media (if applicable) • Tape measure • Flashlight • Safety triangles, safety vest, jacket • Seatbelt cutters, seatbelt extensions • Blood borne pathogen and first-aid supplies The following procedures are completed by the first-responding supervisor: First Transit’s supervisors do not make an on-scene determination of whether the accident was reportable or non-reportable. The reports filed by the road supervisor, driver, and dispatcher as well as any other reports from law enforcement and insurance are evaluated to make this determination. CUSTOMER INJURY CLAIM PROCESS The steps we take to investigate any accidents or injuries greatly help the Customer Injury Claim Process. Our goal is simple – to make the claimant whole, while neither under- compensating nor over-compensating the claimant. To do this, we must have timely, accurate fact gathering during and after the incident for consideration during the claim. The following is critical for processing customer injury claims: Approach the Operator •Check for injuries and apply first aid if necessary •Determine whether or not drug and alcohol testing is required or appropriate, using the Post Accident Testing Decision Maker Talk with Investigating Authorities •Identify self to authorities •Obtain investigating officer’s name and badge number •Cooperate fully with police and emergency personnel Assist Driver in Data Collection •Take pictures of the accident scene •Make a sketch of the scene •Make notes of any skid marks, debris, or other evidence of the accident •Make notes of injuries including names, addresses, and phone numbers of those involved • Gather scene reports from responding police, courtesy cards, insurance information, the First Transit road supervisor, and the safety manager. • Provide the injured customer or the customer’s representative contact information for authorized First Transit staff and risk managers. This includes providing the director of safety’s business card with name, address, email and phone number, and the direct toll- free line to First Transit claims representatives. • Report the accident and claim to our claims web site or by calling. Our dedicated First Transit office for bodily injury, general liability, property damage and subrogation claims can also be of assistance. Bus # System Services Starting Mileage Ending Mileage Total Mileage Total Gallons MPG DAR Total ARTS Total 3019 DAR 232,237 232,371 134 30.20 4.44 3020 DAR 216,162 216,162 0 0.00 0.00 3021 DAR 249,360 249,360 0 0.00 0.00 3022 DAR 241,361 242,806 1445 266.80 5.42 3023 DAR 227,964 227,964 0 0.00 0.00 3050 DAR 181,342 181,342 0 0.00 0.00 3051 DAR 199,762 199,762 0 0.00 0.00 3052 DAR 190,771 191,617 846 152.00 5.57 3053 DAR 222,495 224,279 1784 256.70 6.95 3054 DAR 202,742 202,742 0 0.00 0.00 3055 DAR 185,854 187,505 1651 243.70 6.77 3360 DAR 11,018 12,064 1046 60.80 17.20 3361 DAR 11,699 12,695 996 64.10 15.54 3362 DAR 16,900 18,815 1915 278.70 6.87 3363 DAR 19,461 21,843 2382 351.70 6.77 3364 DAR 20,199 22,827 2628 421.00 6.24 3365 DAR 19,281 21,252 1971 301.60 6.54 3366 DAR 17,286 19,523 2237 278.90 8.02 3367 DAR 17,587 20,079 2492 412.80 6.04 3368 DAR 17,589 19,484 1895 256.50 7.39 23422 0 0 2210 PT 252,951 252,951 0 0.00 0.00 2211 PT 257,518 257,518 0 0.00 0.00 3058 PT 141,985 144,508 2523 323.30 7.80 3206 PT 153,890 156,358 2468 286.20 8.62 3207 PT 162,408 162,451 43 49.40 0.87 3208 PT 177,199 179,299 2100 308.70 6.80 3209 PT 172,684 174,987 2303 350.70 6.57 3210 PT 92,809 92,809 0 0.00 0.00 3216 PT 198,316 201,023 2707 867.50 3.12 3217 PT 202,779 205,578 2799 964.10 2.90 3218 PT 183,691 187,057 3366 939.70 3.58 3219 PT 202,696 204,500 1804 666.20 2.71 3220 PT 199,576 202,456 2880 972.80 2.96 3221 PT 199,093 201,532 2439 787.90 3.10 3222 PT 197,177 197,177 0 0.00 0.00 3223 PT 204,589 207,307 2718 938.90 2.89 3224 PT 200,626 202,292 1666 621.60 2.68 3225 PT 204,861 207,296 2435 740.10 3.29 3292 PT 156,094 159,379 3285 1068.60 3.07 3293 PT 153,353 154,765 1412 540.00 2.61 3294 PT 156,830 159,971 3141 1131.40 2.78 3295 PT 145,685 148,878 3193 1002.20 3.19 3296 PT 154,897 157,874 2977 983.30 3.03 3297 PT 151,842 155,296 3454 1155.40 2.99 3298 PT 151,667 155,011 3344 1139.60 2.93 3272 PT 10,089 13,599 3510 1100.50 3.19 3273 PT 6,812 9,759 2947 964.70 3.05 3274 PT 3,864 7,018 3154 980.20 3.22 3275 PT 8,244 10,242 1998 553.80 3.61 64666 0 0 Total 88088 0 0 22812.3 3.86 TOTAL MILEAGE First Transit Pasadena Transit/ DAR Vehicle Mileages Apr-18 DAR / ARTS Mileage Separation TOTAL DAR MILEAGE F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Maint. OpCo Maint. Division Maint. Region Maint. Area Report Group Site Description PM WO Org. PM WO Dept. Equipment Equipment Alias Equipment Org. Equipment Desc. FT FTMAINT FTM_WEST 57231 Pasadena 7231 7231M 107 7231 FORD FUSION HYBRID 7231M 108 7231 FORD FUSION HYBRID 7231M 3022 7231 2008 E-450 Starcraft 7231M 3053 7231 FORD E450 STARCRAFT 7231M 3058 7231 FORD E450 STARCRAFT 7231M 3206 7231 FORD E450 STARCRAFT 7231M 3209 7231 FORD E450 STARCRAFT 7231M 3216 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3217 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3218 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3220 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3223 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3225 7231 ELDORADO EZR II MAX-BRT 32' Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 1 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Equipment Parent PM WO Number PM WO Desc. PM WO Life Meter PM WO Release Date PM WO Class PM WO Completed Date PM Calendar Performance Previous PM Date PM WO Meter #1 Due PM WO Meter #2 Due PM Meter #1 Performance 45649398 7231- Medium Duty PM A 89,676 Mar 28, 2018 12:00:00 AM WO Apr 20, 2018 8:15:34 AM 183 Oct 19, 2017 4:42:34 PM 89,676 0 5,149 43422323 7231- Medium Duty PM A 88,195 Mar 19, 2018 12:00:00 AM WO Apr 20, 2018 8:22:26 AM 206 Sep 26, 2017 5:14:19 PM 88,195 0 5,471 51007279 7231- Medium Duty PM B 241,869 Apr 10, 2018 12:00:00 AM WO Apr 13, 2018 1:18:00 PM 79 Jan 24, 2018 7:28:00 PM 241,869 0 2,649 51014002 7231- Medium Duty PM B 223,348 Apr 11, 2018 12:00:00 AM WO Apr 15, 2018 2:30:00 PM 76 Jan 29, 2018 1:41:00 PM 223,348 0 2,689 51101751 7231- Medium Duty PM A 143,608 Apr 17, 2018 12:00:00 AM WO Apr 20, 2018 11:46:00 AM 35 Mar 16, 2018 11:51:00 AM 143,608 0 2,714 51082175 7231- Medium Duty PM A 154,357 Apr 4, 2018 12:00:00 AM WO Apr 6, 2018 2:12:00 PM 30 Mar 7, 2018 4:12:00 PM 154,357 0 2,769 51072840 7231- Medium Duty PM B 172,907 Apr 2, 2018 12:00:00 AM WO Apr 5, 2018 2:05:00 PM 33 Mar 3, 2018 11:03:00 AM 172,907 0 2,752 51152713 Heavy Duty PMA 200,731 Apr 26, 2018 12:00:00 AM WO Apr 28, 2018 12:55:00 PM 29 Mar 30, 2018 1:20:00 PM 200,731 0 2,568 51123377 Heavy Duty PMD 204,904 Apr 17, 2018 12:00:00 AM WO Apr 23, 2018 8:52:00 PM 30 Mar 24, 2018 11:21:00 AM 204,904 0 3,035 51084086 Heavy Duty PMC 184,640 Apr 9, 2018 12:00:00 AM WO Apr 10, 2018 2:10:00 PM 33 Mar 8, 2018 1:34:00 PM 184,640 0 2,974 51112106 Heavy Duty PMB 201,385 Apr 16, 2018 12:00:00 AM WO Apr 19, 2018 12:29:00 PM 29 Mar 21, 2018 11:28:00 AM 201,385 0 3,081 51094748 Heavy Duty PMA 205,566 Apr 9, 2018 12:00:00 AM WO Apr 12, 2018 1:56:00 PM 30 Mar 13, 2018 1:30:00 PM 205,566 0 2,971 51069415 Heavy Duty PMD 205,565 Apr 6, 2018 12:00:00 AM WO Apr 11, 2018 7:45:00 PM 41 Mar 1, 2018 11:52:00 AM 205,565 0 3,047 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 2 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Previous PM Meter #1 PM Meter #2 Performance Previous PM Meter #2 PM WO Standard WO Maintenance Pattern MP Calendar Frequency MP Meter #1 Interval MP Meter #2 Interval MP Added Calendar Tol MP Subtracted Calendar Tol MP Added Meter #1 Tol MP Subtracted Meter #1 Tol 84,527 0 0 7231- LDPMA 7231- LDPMABCD 5,000 3 3 500 500 82,724 0 0 7231- LDPMA 7231- LDPMABCD 5,000 3 3 500 500 239,220 0 0 7231- MDPMB 7231- MDPMABCD 3,000 3 3 500 500 220,659 0 0 7231- MDPMB 7231- MDPMABCD 3,000 3 3 500 500 140,894 0 0 7231- MDPMA 7231- MDPMABCD 3,000 3 3 500 500 151,588 0 0 7231- MDPMA 7231- MDPMABCD 3,000 3 3 500 500 170,155 0 0 7231- MDPMB 7231- MDPMABCD 3,000 3 3 500 500 198,163 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 201,869 0 0 7231- HDPMD 7231- HDPMABCD 3,000 3 3 500 500 181,666 0 0 7231- HDPMC 7231- HDPMABCD 3,000 3 3 500 500 198,304 0 0 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 202,595 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 202,518 0 0 7231- HDPMD 7231- HDPMABCD 3,000 3 3 500 500 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 3 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM MP Added Meter #2 Tol MP Subtracted Meter #2 Tol Cal. Early Point Cal Late Point Meter #1 Early Point Meter #1 Late Point Meter # 2 Early Point Meter # 2 Late Point PM WO Status 500 500 4,500 5,500 ON TIME 500 500 4,500 5,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 4 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Maint. OpCo Maint. Division Maint. Region Maint. Area Report Group Site Description PM WO Org. PM WO Dept. Equipment Equipment Alias Equipment Org. Equipment Desc. FT FTMAINT FTM_WEST 57231 Pasadena 7231 7231M 3292 7231 ELDORADO E-Z RIDER II 7231M 3293 7231 ELDORADO E-Z RIDER II 7231M 3294 7231 ELDORADO E-Z RIDER II 7231M 3295 7231 ELDORADO E-Z RIDER II 7231M 3296 7231 ELDORADO E-Z RIDER II 7231M 3297 7231 ELDORADO E-Z RIDER II 7231M 3298 7231 ELDORADO E-Z RIDER II 7231M 3362 7231 FORD E450 STARCRAFT 7231M 3363 7231 FORD E450 STARCRAFT 7231M 3364 7231 FORD E450 STARCRAFT 7231M 3365 7231 FORD E450 STARCRAFT 7231M 3372 7231 ELDORADO BRT 7231M 3373 7231 ELDORADO BRT Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 5 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Equipment Parent PM WO Number PM WO Desc. PM WO Life Meter PM WO Release Date PM WO Class PM WO Completed Date PM Calendar Performance Previous PM Date PM WO Meter #1 Due PM WO Meter #2 Due PM Meter #1 Performance 51099842 Heavy Duty PMA 157,670 Apr 13, 2018 12:00:00 AM WO Apr 16, 2018 8:25:00 PM 32 Mar 15, 2018 1:42:00 PM 157,670 0 2,765 51104102 Heavy Duty PMD 154,361 Apr 13, 2018 12:00:00 AM WO Apr 22, 2018 1:55:00 PM 35 Mar 18, 2018 11:25:00 AM 154,361 0 2,633 51086599 Heavy Duty PMA 157,641 Apr 9, 2018 12:00:00 AM WO Apr 10, 2018 9:01:00 PM 32 Mar 9, 2018 2:36:00 PM 157,641 0 2,701 51116187 Heavy Duty PMD 147,754 Apr 16, 2018 12:00:00 AM WO Apr 20, 2018 2:51:00 PM 29 Mar 22, 2018 3:36:00 PM 147,754 0 2,964 51126936 Heavy Duty PMA 157,175 Apr 19, 2018 12:00:00 AM WO Apr 25, 2018 9:06:00 PM 31 Mar 25, 2018 12:45:00 PM 157,175 0 3,265 51084834 Heavy Duty PMA 154,104 Apr 16, 2018 12:00:00 AM WO Apr 21, 2018 10:57:00 AM 44 Mar 8, 2018 9:19:00 PM 154,104 0 3,184 51089985 Heavy Duty PMA 152,264 Apr 5, 2018 12:00:00 AM WO Apr 7, 2018 12:03:00 PM 27 Mar 11, 2018 9:38:00 AM 152,264 0 2,706 51042070 7231- Medium Duty PM B 16,979 Apr 2, 2018 12:00:00 AM WO Apr 3, 2018 7:47:00 PM 48 Feb 14, 2018 7:40:00 PM 16,979 0 2,711 51059386 7231- Medium Duty PM A 19,461 Apr 2, 2018 12:00:00 AM WO Apr 2, 2018 7:27:00 PM 38 Feb 23, 2018 1:54:00 PM 19,461 0 2,707 51152337 7231- Medium Duty PM C 22,632 Apr 24, 2018 12:00:00 AM WO Apr 27, 2018 3:43:00 PM 28 Mar 30, 2018 11:43:00 AM 22,632 0 2,873 51071493 7231- Medium Duty PM A 19,714 Apr 5, 2018 12:00:00 AM WO Apr 8, 2018 12:44:00 PM 37 Mar 2, 2018 11:52:00 AM 19,714 0 2,611 51149050 Heavy Duty PMB 13,073 Apr 23, 2018 12:00:00 AM WO Apr 26, 2018 1:12:00 PM 28 Mar 29, 2018 7:34:00 PM 13,073 0 3,323 51115073 Heavy Duty PMA 9,399 Apr 18, 2018 12:00:00 AM WO Apr 24, 2018 12:25:00 PM 33 Mar 22, 2018 11:31:00 AM 9,399 0 3,304 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 6 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Previous PM Meter #1 PM Meter #2 Performance Previous PM Meter #2 PM WO Standard WO Maintenance Pattern MP Calendar Frequency MP Meter #1 Interval MP Meter #2 Interval MP Added Calendar Tol MP Subtracted Calendar Tol MP Added Meter #1 Tol MP Subtracted Meter #1 Tol 154,905 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 151,728 0 0 7231- HDPMD 7231- HDPMABCD 3,000 3 3 500 500 154,940 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 144,790 0 0 7231- HDPMD 7231- HDPMABCD 3,000 3 3 500 500 153,910 0 0 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 150,920 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 149,558 0 0 7231- HDPMA 7231- HDPMABCD 3,000 3 3 500 500 14,268 0 0 7231- MDPMB 7231- MDPMABCD 3,000 3 3 500 500 16,754 0 0 7231- MDPMA 7231- MDPMABCD 3,000 3 3 500 500 19,759 0 0 7231- MDPMC 7231- MDPMABCD 3,000 3 3 500 500 17,103 0 0 7231- MDPMA 7231- MDPMABCD 3,000 3 3 500 500 9,750 0 0 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 6,095 0 0 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 7 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM MP Added Meter #2 Tol MP Subtracted Meter #2 Tol Cal. Early Point Cal Late Point Meter #1 Early Point Meter #1 Late Point Meter # 2 Early Point Meter # 2 Late Point PM WO Status 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 8 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Maint. OpCo Maint. Division Maint. Region Maint. Area Report Group Site Description PM WO Org. PM WO Dept. Equipment Equipment Alias Equipment Org. Equipment Desc. FT FTMAINT FTM_WEST 57231 Pasadena 7231 7231M 3374 7231 ELDORADO BRT 7231M 3375 7231 ELDORADO BRT Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 9 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Equipment Parent PM WO Number PM WO Desc. PM WO Life Meter PM WO Release Date PM WO Class PM WO Completed Date PM Calendar Performance Previous PM Date PM WO Meter #1 Due PM WO Meter #2 Due PM Meter #1 Performance 51068845 Heavy Duty PMB 6,261 Apr 18, 2018 12:00:00 AM WO Apr 25, 2018 1:58:00 PM 6,261 0 51090185 Heavy Duty PMA 8,561 Apr 2, 2018 12:00:00 AM WO Apr 4, 2018 1:23:00 PM 24 Mar 11, 2018 1:45:00 PM 8,561 0 2,822 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 10 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Previous PM Meter #1 PM Meter #2 Performance Previous PM Meter #2 PM WO Standard WO Maintenance Pattern MP Calendar Frequency MP Meter #1 Interval MP Meter #2 Interval MP Added Calendar Tol MP Subtracted Calendar Tol MP Added Meter #1 Tol MP Subtracted Meter #1 Tol 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 5,739 0 0 7231- HDPMB 7231- HDPMABCD 3,000 3 3 500 500 Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 11 of 14 F521 PM History % For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM MP Added Meter #2 Tol MP Subtracted Meter #2 Tol Cal. Early Point Cal Late Point Meter #1 Early Point Meter #1 Late Point Meter # 2 Early Point Meter # 2 Late Point PM WO Status 500 500 2,500 3,500 NO PREV PM 500 500 2,500 3,500 ON TIME Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 12 of 14 F521 PM History Quick Reference Articles 10: F521 PM History The F521 PM History evaluates PM WOs completed within the date span of the report to determine if the PM WO was completed Early, On Time, Late or if No Previous PM could be found. ● The report evaluates completed PM WOs generated by Maintenance Patterns only. ● The report determines the previous PM completed for the same unit on the same Maintenance Pattern to make the comparison. ● The report evaluates Maintenance Patterns that use the WO type: Preventative Maintenance. ● The report relies on the tolerance (+/-) being set on each Maintenance Pattern. If the tolerances are not set then the report will indicate that No Previous PM is found. Report Output Summary The report summarizes the total of PM WOs that meet the conditions stated above. The tolerances on the Maintenance Pattern determine which category the PM WO falls into. Detail ● The Reporting Group information is based on the PM WO department. ● Information is then pulled from the completed PM WO. ● Performance is the system calculating the days or miles (or other meters) from the previous PM WO completed for the same unit in the same Maintenance Pattern. ● The Maintenance Pattern and interval information is listed as the starting point for evaluating the PM WO. ● The tolerances are pulled from the Maintenance Pattern. ● The early and late points are the calculation of the Maintenance Pattern tolerance and the PM interval. ● The last column of the report Status shows the report evaluation of the PM WO. Report Prompts ● Sub Title: enter a simple title that will be displayed on the printed report. Leave blank for no title. ● Organization, Department, Maintenance Pattern are all determined by the information on the PM WO. ● Maintenance OpCo, Maintenance Div, Maintenance Reg, and Report Group are determined by the PM WO department. Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Quick Reference Report Run Date: May 1, 2018 5:09:17 PM Page 13 of 14 Colophon Title:F521 PM History Sub Title:% Revision Date Author Description 1.0 26-FEB-18 Alan Winter Published. 1.1 5-MAR-18 Alan Winter Fixed Organization prompt. Report Parameters User FAYALA Default Org 7231 Language EN Print Date May 1, 2018 5:09:17 PM Starting Date Apr 1, 2018 12:00:00 AM Ending Date Apr 30, 2018 12:00:00 AM Organization 7231 Department %Colophon Yes Quick Reference Yes Maintenance Pattern % Maintenance OpCo % Maintenance Div %Maintenance Area % Maintenance Reg %Report Group % Company Confidential Information Copyright 2017 FirstGroup America, Inc.Section: Colophon Report Run Date: May 1, 2018 5:09:17 PM Page 14 of 14 Thresholds Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Major Incidents 1. A fatality 0 0 0 0 0 0 0 0 0 0 0 0 2. Injuries requiring immediate medical attention from the scene for two or more persons 0 0 0 0 0 0 0 0 0 0 0 0 3. Property damage ($25,000 +)0 0 0 0 0 0 0 0 0 0 0 0 4. Evacuation (life safety reasons)0 0 0 0 0 0 0 0 0 0 0 0 5. Collision at grade crossing 0 0 0 0 0 0 0 0 0 0 0 0 6. A main-line derailment n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 7. Collision w/person on a rail right of way resulting in injuries that require medical attention away from the scene for one or more persons. 0 0 0 0 0 0 0 0 0 0 0 0 8. Collision between a rail transit vehicle and another rail transit vehicle and another rail transit or a transit non-revenue vehicle resulting in injuries that require immediate medical attention away from the scene for one or more persons.0 0 0 0 0 0 0 0 0 0 0 0 Non-Major Incident (Safety) 1. Injuries requiring immediate medical attention away from the scene for one person.0 0 0 1 0 0 0 0 0 0 0 0 2. Property damage equal to or exceeding $ 7,500.0 0 0 0 0 0 0 0 0 0 0 0 3. All non-aron fires not qualifying as Major incidents 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF PASADENA NTD SAFETY AND SECURITY REPORT - 2018 April 2018 Page 1 of 2 Thresholds Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec CITY OF PASADENA NTD SAFETY AND SECURITY REPORT - 2018 April 2018 Non-Major Incident (Security) Occurrence of Part I offences (except homicide) 1. Forcible rape 0 0 0 0 0 0 0 0 0 0 0 0 2. Robbery 0 0 0 0 0 0 0 0 0 0 0 0 3. Aggravated assault 0 0 0 0 0 0 0 0 0 0 0 0 4. Burglary 0 0 0 0 0 0 0 0 0 0 0 0 5. Larceny/theft 0 0 0 0 0 0 0 0 0 0 0 0 6. Motor vehicle theft 0 0 0 0 0 0 0 0 0 0 0 0 7. Arson 0 0 0 0 0 0 0 0 0 0 0 0 Arrest/Citation for Part II Offenses: 1. Other assaults 0 0 0 0 0 0 0 0 0 0 0 0 2. Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 3. Trespassing 0 0 0 0 0 0 0 0 0 0 0 0 4. Fare evasion 0 0 0 0 0 0 0 0 0 0 0 0 Occurrence of Other Security Issues: 1. Bomb threat 0 0 0 0 0 0 0 0 0 0 0 0 2. Bombing 0 0 0 0 0 0 0 0 0 0 0 0 3.Chemical/Biological/Nuclear release 0 0 0 0 0 0 0 0 0 0 0 0 4. Cyber incident 0 0 0 0 0 0 0 0 0 0 0 0 5. Hijacking 0 0 0 0 0 0 0 0 0 0 0 0 6. Non-violent civil disturbance 0 0 0 0 0 0 0 0 0 0 0 0 7. Sabotage 0 0 0 0 0 0 0 0 0 0 0 0 Occurrence of Suicides and attempts.0 0 0 0 0 0 0 0 0 0 0 0 Page 2 of 2 First Transit, Pasadena DAR Monthly Mechanical Down List Apr-18 Unit Mileage Date OOS Reason work in house or vendor Estimated return date Actual return date 3051 16-Mar Body shop vendor 15-Apr Date Day Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 331.20 41.00 372.20 331.20 41.00 372.20 2-Apr Monday 703.70 86.80 790.50 - - - - - - 703.70 86.80 790.50 3-Apr Tuesday 928.00 120.90 1,048.90 - - - - - - 928.00 120.90 1,048.90 4-Apr Wednesday 935.20 116.90 1,052.10 - - - - - - 935.20 116.90 1,052.10 5-Apr Thursday 859.70 101.10 960.80 - - - - - - 859.70 101.10 960.80 6-Apr Friday 762.80 99.50 862.30 - - - - - - 762.80 99.50 862.30 7-Apr Saturday - - - 410.50 38.40 448.90 - - - 410.50 38.40 448.90 8-Apr Sunday - - - - - - 334.40 50.00 384.40 334.40 50.00 384.40 9-Apr Monday 751.00 82.20 833.20 - - - - - - 751.00 82.20 833.20 10-Apr Tuesday 899.90 119.10 1,019.00 - - - - - - 899.90 119.10 1,019.00 11-Apr Wednesday 1,049.30 96.00 1,145.30 - - - - - - 1,049.30 96.00 1,145.30 12-Apr Thursday 686.60 110.40 797.00 - - - - - - 686.60 110.40 797.00 13-Apr Friday 745.50 89.60 835.10 - - - - - - 745.50 89.60 835.10 14-Apr Saturday - - - 342.10 40.70 382.80 - - - 342.10 40.70 382.80 15-Apr Sunday - - - - - - 407.20 52.90 460.10 407.20 52.90 460.10 16-Apr Monday 746.50 81.70 828.20 - - - - - - 746.50 81.70 828.20 17-Apr Tuesday 894.20 109.10 1,003.30 - - - - - - 894.20 109.10 1,003.30 18-Apr Wednesday 969.50 98.10 1,067.60 - - - - - - 969.50 98.10 1,067.60 19-Apr Thursday 829.10 109.50 938.60 - - - - - - 829.10 109.50 938.60 20-Apr Friday 826.00 81.20 907.20 - - - - - - 826.00 81.20 907.20 21-Apr Saturday - - - 274.00 37.70 311.70 - - - 274.00 37.70 311.70 22-Apr Sunday - - - - - - 423.60 57.20 480.80 423.60 57.20 480.80 23-Apr Monday 744.50 87.50 832.00 - - - - - - 744.50 87.50 832.00 24-Apr Tuesday 909.00 110.20 1,019.20 - - - - - - 909.00 110.20 1,019.20 25-Apr Wednesday 894.00 105.20 999.20 - - - - - - 894.00 105.20 999.20 26-Apr Thursday 740.60 100.00 840.60 - - - - - - 740.60 100.00 840.60 27-Apr Friday 781.40 95.50 876.90 - - - - - - 781.40 95.50 876.90 28-Apr Saturday - - - 345.60 47.70 393.30 - - - 345.60 47.70 393.30 29-Apr Sunday - - - - - - 369.50 48.00 417.50 369.50 48.00 417.50 30-Apr Monday 802.20 78.20 880.40 - - - - - - 802.20 78.20 880.40 1-May Tuesday - - - - - - - - - - - - 17,458.70 2,078.70 19,537.40 1,372.20 164.50 1,536.70 1,865.90 249.10 2,115.00 20,696.80 2,492.30 23,189.10 Totals M-F Miles Saturday Miles Sunday Miles Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Miles April 2018 Totals M-F Revenue Saturday Revenue Sunday Revenue Total Miles Miles Miles Miles 1-Apr Sunday - - 15.40 15.40 2-Apr Monday - - - - 3-Apr Tuesday 11.60 - - 11.60 4-Apr Wednesday 26.50 - - 26.50 5-Apr Thursday - - - - 6-Apr Friday 3.30 - - 3.30 7-Apr Saturday - - - - 8-Apr Sunday - - - - 9-Apr Monday 14.00 - - 14.00 10-Apr Tuesday 5.00 - - 5.00 11-Apr Wednesday - - - - 12-Apr Thursday 7.90 - - 7.90 13-Apr Friday 7.00 - - 7.00 14-Apr Saturday - - - - 15-Apr Sunday - - 17.40 17.40 16-Apr Monday 12.00 - - 12.00 17-Apr Tuesday - - - - 18-Apr Wednesday 10.50 - - 10.50 19-Apr Thursday 35.20 - - 35.20 20-Apr Friday 5.30 - - 5.30 21-Apr Saturday - - - - 22-Apr Sunday - - 17.60 17.60 23-Apr Monday 26.50 - - 26.50 24-Apr Tuesday - - - - 25-Apr Wednesday 12.30 - - 12.30 26-Apr Thursday 18.20 - - 18.20 27-Apr Friday 3.00 - - 3.00 28-Apr Saturday - - - - 29-Apr Sunday - - 15.40 15.40 30-Apr Monday 26.80 - - 26.80 1-May Tuesday - - - - 225.10 - 65.80 290.90 LA County Dial-A-Ride Revenue Miles April 2018 Totals Date Day Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Rev/Dead 1-Apr Sunday 0.00 0.00 - - - - 245.30 41.00 286.30 245.30 41.00 286.30 2-Apr Monday 595.60 86.80 682.40 - - - - - - 595.60 86.80 682.40 3-Apr Tuesday 763.30 120.90 884.20 - - - - - - 763.30 120.90 884.20 4-Apr Wednesday 703.90 116.90 820.80 - - - - - - 703.90 116.90 820.80 5-Apr Thursday 760.10 101.10 861.20 - - - - - - 760.10 101.10 861.20 6-Apr Friday 672.20 99.50 771.70 - - - - - - 672.20 99.50 771.70 7-Apr Saturday 0.00 0.00 - 353.80 38.40 392.20 - - - 353.80 38.40 392.20 8-Apr Sunday 0.00 0.00 - - - - 287.00 50.00 337.00 287.00 50.00 337.00 9-Apr Monday 633.50 82.20 715.70 - - - - - - 633.50 82.20 715.70 10-Apr Tuesday 697.50 119.10 816.60 - - - - - - 697.50 119.10 816.60 11-Apr Wednesday 857.70 96.00 953.70 - - - - - - 857.70 96.00 953.70 12-Apr Thursday 595.40 110.40 705.80 - - - - - - 595.40 110.40 705.80 13-Apr Friday 612.40 89.60 702.00 - - - - - - 612.40 89.60 702.00 14-Apr Saturday 0.00 0.00 - 310.30 40.70 351.00 - - - 310.30 40.70 351.00 15-Apr Sunday 0.00 0.00 - - - - 351.60 52.90 404.50 351.60 52.90 404.50 16-Apr Monday 635.70 81.70 717.40 - - - - - - 635.70 81.70 717.40 17-Apr Tuesday 665.90 109.10 775.00 - - - - - - 665.90 109.10 775.00 18-Apr Wednesday 767.40 98.10 865.50 - - - - - - 767.40 98.10 865.50 19-Apr Thursday 683.20 109.50 792.70 - - - - - - 683.20 109.50 792.70 20-Apr Friday 688.60 81.20 769.80 - - - - - - 688.60 81.20 769.80 21-Apr Saturday 0.00 0.00 - 239.40 37.70 277.10 - - - 239.40 37.70 277.10 22-Apr Sunday 0.00 0.00 - - - - 344.50 57.20 401.70 344.50 57.20 401.70 23-Apr Monday 614.00 87.50 701.50 - - - - - - 614.00 87.50 701.50 24-Apr Tuesday 774.10 110.20 884.30 - - - - - - 774.10 110.20 884.30 25-Apr Wednesday 742.10 105.20 847.30 - - - - - - 742.10 105.20 847.30 26-Apr Thursday 607.37 100.00 707.37 - - - - - - 607.37 100.00 707.37 27-Apr Friday 624.70 95.50 720.20 - - - - - - 624.70 95.50 720.20 28-Apr Saturday 0.00 0.00 - 298.70 47.70 346.40 - - - 298.70 47.70 346.40 29-Apr Sunday 0.00 0.00 - - - - 291.40 48.00 339.40 291.40 48.00 339.40 30-Apr Monday 660.00 78.20 738.20 - - - - - - 660.00 78.20 738.20 1-May Tuesday 0.00 0.00 - - - - - - - - - - 14354.67 2078.70 16,433.37 1,202.20 164.50 1,366.70 1,519.80 249.10 1,768.90 17,076.67 2,492.30 19,568.97 Totals M-F Miles Saturday Miles Sunday Miles Pasadena Dial-A-Ride Revenue Miles April 2018 Total Miles Date Day M-F Revenue Saturday Revenue Sunday Revenue Total Miles Miles Miles Miles 1-Apr Sunday - - - - 2-Apr Monday 6.10 - - 6.10 3-Apr Tuesday 18.20 - - 18.20 4-Apr Wednesday 12.20 - - 12.20 5-Apr Thursday 8.10 - - 8.10 6-Apr Friday 7.00 - - 7.00 7-Apr Saturday - - - - 8-Apr Sunday - - - - 9-Apr Monday 4.00 - - 4.00 10-Apr Tuesday 10.30 - - 10.30 11-Apr Wednesday 6.60 - - 6.60 12-Apr Thursday - - - - 13-Apr Friday 26.20 - - 26.20 14-Apr Saturday - - - - 15-Apr Sunday - - - - 16-Apr Monday 8.30 - - 8.30 17-Apr Tuesday 11.00 - - 11.00 18-Apr Wednesday 14.00 - - 14.00 19-Apr Thursday 9.00 - - 9.00 20-Apr Friday 5.80 - - 5.80 21-Apr Saturday - - - - 22-Apr Sunday - - - - 23-Apr Monday - - - - 24-Apr Tuesday 12.50 - - 12.50 25-Apr Wednesday 8.90 - - 8.90 26-Apr Thursday 5.00 - - 5.00 27-Apr Friday 13.80 - - 13.80 28-Apr Saturday - - - - 29-Apr Sunday - - - - 30-Apr Monday 3.00 - - 3.00 1-May Tuesday - - - - 190.00 - - 190.00 Totals Date Day San Marino Dial-A-Ride Revenue Miles April 2018 M-F Revenue Saturday Revenue Sunday Revenue Total Miles Miles Miles Miles 1-Apr Sunday - - 70.50 70.50 2-Apr Monday 102.00 - - 102.00 3-Apr Tuesday 134.90 - - 134.90 4-Apr Wednesday 192.60 - - 192.60 5-Apr Thursday 91.50 - - 91.50 6-Apr Friday 80.30 - - 80.30 7-Apr Saturday - 56.70 - 56.70 8-Apr Sunday - - 47.40 47.40 9-Apr Monday 99.50 - - 99.50 10-Apr Tuesday 187.10 - - 187.10 11-Apr Wednesday 185.00 - - 185.00 12-Apr Thursday 83.30 - - 83.30 13-Apr Friday 99.90 - - 99.90 14-Apr Saturday - 31.80 - 31.80 15-Apr Sunday - - 38.20 38.20 16-Apr Monday 90.50 - - 90.50 17-Apr Tuesday 217.30 - - 217.30 18-Apr Wednesday 177.60 - - 177.60 19-Apr Thursday 101.70 - - 101.70 20-Apr Friday 126.30 - - 126.30 21-Apr Saturday - 34.60 - 34.60 22-Apr Sunday - - 61.50 61.50 23-Apr Monday 104.00 - - 104.00 24-Apr Tuesday 122.40 - - 122.40 25-Apr Wednesday 130.70 - - 130.70 26-Apr Thursday 110.03 - - 110.03 27-Apr Friday 139.90 - - 139.90 28-Apr Saturday - 46.90 - 46.90 29-Apr Sunday - - 62.70 62.70 30-Apr Monday 112.40 - - 112.40 1-May Tuesday - - - - 2,688.93 170.00 280.30 3,139.23 Totals Date Day Altadena Dial-A-Ride Revenue Miles April 2018 Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 29.93 3.37 33.30 29.93 3.37 33.30 2-Apr Monday 70.82 5.93 76.75 - - - - - - 70.82 5.93 76.75 3-Apr Tuesday 82.61 6.27 88.88 - - - - - - 82.61 6.27 88.88 4-Apr Wednesday 84.83 7.68 92.51 - - - - - - 84.83 7.68 92.51 5-Apr Thursday 83.72 8.32 92.04 - - - - - - 83.72 8.32 92.04 6-Apr Friday 70.35 6.58 76.93 - - - - - - 70.35 6.58 76.93 7-Apr Saturday - - - 33.95 2.86 36.81 - - - 33.95 2.86 36.81 8-Apr Sunday - - - - - - 31.20 2.97 34.17 31.20 2.97 34.17 9-Apr Monday 72.59 5.76 78.35 - - - - - - 72.59 5.76 78.35 10-Apr Tuesday 81.95 8.22 90.17 - - - - - - 81.95 8.22 90.17 11-Apr Wednesday 87.87 6.68 94.55 - - - - - - 87.87 6.68 94.55 12-Apr Thursday 81.47 8.46 89.93 - - - - - - 81.47 8.46 89.93 13-Apr Friday 72.45 5.30 77.75 - - - - - - 72.45 5.30 77.75 14-Apr Saturday - - - 30.14 2.89 33.03 - - - 30.14 2.89 33.03 15-Apr Sunday - - - - - - 32.24 3.18 35.42 32.24 3.18 35.42 16-Apr Monday 70.37 6.09 76.46 - - - - - - 70.37 6.09 76.46 17-Apr Tuesday 85.28 8.05 93.33 - - - - - - 85.28 8.05 93.33 18-Apr Wednesday 84.96 7.14 92.10 - - - - - - 84.96 7.14 92.10 19-Apr Thursday 83.29 7.45 90.74 - - - - - - 83.29 7.45 90.74 20-Apr Friday 72.87 6.38 79.25 - - - - - - 72.87 6.38 79.25 21-Apr Saturday - - - 28.89 3.09 31.98 - - - 28.89 3.09 31.98 22-Apr Sunday - - - - - - 33.31 3.47 36.78 33.31 3.47 36.78 23-Apr Monday 70.41 6.91 77.32 - - - - - - 70.41 6.91 77.32 24-Apr Tuesday 84.71 7.70 92.41 - - - - - - 84.71 7.70 92.41 25-Apr Wednesday 84.56 8.02 92.58 - - - - - - 84.56 8.02 92.58 26-Apr Thursday 83.79 7.47 91.26 - - - - - - 83.79 7.47 91.26 27-Apr Friday 70.24 7.19 77.43 - - - - - - 70.24 7.19 77.43 28-Apr Saturday - - - 30.64 3.31 33.95 - - - 30.64 3.31 33.95 29-Apr Sunday - - - - - - 29.90 3.79 33.69 29.90 3.79 33.69 30-Apr Monday 71.44 6.07 77.51 - - - - - - 71.44 6.07 77.51 1-May Tuesday - - - - - - - - - - - - 1,650.58 147.67 1,798.25 123.62 12.15 135.77 156.58 16.78 173.36 1,930.78 176.60 2,107.38 Altadena / LA County / San Marino / Pasadena Dial-A-Ride Total Revenue / Dead Hours April 2018 Totals Totals Date Day M-F Hours Saturday Hours Sunday Hours M-F Revenue Saturday Revenue Sunday Revenue Total Revenue Hours Hours Hours Hours 1-Apr Sunday - - 5.62 5.62 2-Apr Monday 8.00 - - 8.00 3-Apr Tuesday 8.96 - - 8.96 4-Apr Wednesday 11.74 - - 11.74 5-Apr Thursday 7.00 - - 7.00 6-Apr Friday 6.64 - - 6.64 7-Apr Saturday - 3.81 - 3.81 8-Apr Sunday - - 2.59 2.59 9-Apr Monday 7.89 - - 7.89 10-Apr Tuesday 14.87 - - 14.87 11-Apr Wednesday 11.62 - - 11.62 12-Apr Thursday 6.53 - - 6.53 13-Apr Friday 8.32 - - 8.32 14-Apr Saturday - 3.44 - 3.44 15-Apr Sunday - - 2.82 2.82 16-Apr Monday 7.29 - - 7.29 17-Apr Tuesday 15.05 - - 15.05 18-Apr Wednesday 11.91 - - 11.91 19-Apr Thursday 6.70 - - 6.70 20-Apr Friday 7.93 - - 7.93 21-Apr Saturday - 2.16 - 2.16 22-Apr Sunday - - 4.32 4.32 23-Apr Monday 7.52 - - 7.52 24-Apr Tuesday 8.77 - - 8.77 25-Apr Wednesday 8.32 - - 8.32 26-Apr Thursday 7.89 - - 7.89 27-Apr Friday 9.41 - - 9.41 28-Apr Saturday - 2.96 - 2.96 29-Apr Sunday - - 4.76 4.76 30-Apr Monday 6.09 - - 6.09 1-May Tuesday - - - - 188.45 12.37 20.11 220.93 Totals Date Day Altadena Dial-A-Ride Revenue Hours April 2018 Revenue Dead Total Revenue Dead Total Revenue Dead Total Revenue Dead Total 1-Apr Sunday - - - - - - 24.31 3.37 27.68 24.31 3.37 27.68 2-Apr Monday 62.82 5.93 68.75 - - - - - - 62.82 5.93 68.75 3-Apr Tuesday 73.65 6.27 79.92 - - - - - - 73.65 6.27 79.92 4-Apr Wednesday 73.09 7.68 80.77 - - - - - - 73.09 7.68 80.77 5-Apr Thursday 76.72 8.32 85.04 - - - - - - 76.72 8.32 85.04 6-Apr Friday 63.71 6.58 70.29 - - - - - - 63.71 6.58 70.29 7-Apr Saturday - - - 30.14 2.86 33.00 - - - 30.14 2.86 33.00 8-Apr Sunday - - - - - - 28.61 2.97 31.58 28.61 2.97 31.58 9-Apr Monday 64.70 5.76 70.46 - - - - - - 64.70 5.76 70.46 10-Apr Tuesday 67.08 8.22 75.30 - - - - - - 67.08 8.22 75.30 11-Apr Wednesday 76.25 6.68 82.93 - - - - - - 76.25 6.68 82.93 12-Apr Thursday 74.94 8.46 83.40 - - - - - - 74.94 8.46 83.40 13-Apr Friday 64.13 5.30 69.43 - - - - - - 64.13 5.30 69.43 14-Apr Saturday - - - 26.70 2.89 29.59 - - - 26.70 2.89 29.59 15-Apr Sunday - - - - - - 29.42 3.18 32.60 29.42 3.18 32.60 16-Apr Monday 63.08 6.09 69.17 - - - - - - 63.08 6.09 69.17 17-Apr Tuesday 70.23 8.05 78.28 - - - - - - 70.23 8.05 78.28 18-Apr Wednesday 73.05 7.14 80.19 - - - - - - 73.05 7.14 80.19 19-Apr Thursday 76.59 7.45 84.04 - - - - - - 76.59 7.45 84.04 20-Apr Friday 64.94 6.38 71.32 - - - - - - 64.94 6.38 71.32 21-Apr Saturday - - - 26.73 3.09 29.82 - - - 26.73 3.09 29.82 22-Apr Sunday - - - - - - 28.99 3.47 32.46 28.99 3.47 32.46 23-Apr Monday 62.89 6.91 69.80 - - - - - - 62.89 6.91 69.80 24-Apr Tuesday 75.94 7.70 83.64 - - - - - - 75.94 7.70 83.64 25-Apr Wednesday 76.24 8.02 84.26 - - - - - - 76.24 8.02 84.26 26-Apr Thursday 75.90 7.47 83.37 - - - - - - 75.90 7.47 83.37 27-Apr Friday 60.83 7.19 68.02 - - - - - - 60.83 7.19 68.02 28-Apr Saturday - - - 27.68 3.31 30.99 - - - 27.68 3.31 30.99 29-Apr Sunday - - - - - - 25.14 3.79 28.93 25.14 3.79 28.93 30-Apr Monday 65.35 6.07 71.42 - - - - - - 65.35 6.07 71.42 1-May Tuesday - - - - - - - - - - - - 1,462.13 147.67 1,609.80 111.25 12.15 123.40 136.47 16.78 153.25 1,709.85 176.60 1,886.45 Pasadena Dial-A-Ride Revenue / Dead Hours April 2018 Totals Totals Date Day M-F Hours Saturday Hours Sunday Hours M-F Saturday Sunday Total Total Total Total Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 84 6 90 6 96 2-Apr Monday 267 - - 8 275 6 281 3-Apr Tuesday 306 - - 8 314 16 330 4-Apr Wednesday 309 - - 6 315 11 326 5-Apr Thursday 267 - - 15 282 18 300 6-Apr Friday 255 - - 4 259 5 264 7-Apr Saturday - 77 - 6 83 4 87 8-Apr Sunday - - 82 2 84 7 91 9-Apr Monday 276 - - 9 285 8 293 10-Apr Tuesday 341 - - 15 356 22 378 11-Apr Wednesday 322 - - 4 326 11 337 12-Apr Thursday 266 - - 7 273 11 284 13-Apr Friday 279 - - 4 283 10 293 14-Apr Saturday - 63 - 6 69 3 72 15-Apr Sunday - - 93 2 95 9 104 16-Apr Monday 261 - - 4 265 8 273 17-Apr Tuesday 336 - - 13 349 16 365 18-Apr Wednesday 327 - - 6 333 12 345 19-Apr Thursday 288 - - 7 295 13 308 20-Apr Friday 333 - - 9 342 15 357 21-Apr Saturday - 70 - 5 75 8 83 22-Apr Sunday - - 93 7 100 10 110 23-Apr Monday 269 - - 7 276 14 290 24-Apr Tuesday 339 - - 15 354 18 372 25-Apr Wednesday 243 - - 6 249 12 261 26-Apr Thursday 279 - - 9 288 16 304 27-Apr Friday 313 - - 4 317 11 328 28-Apr Saturday - 88 - 6 94 18 112 29-Apr Sunday - - 95 2 97 12 109 30-Apr Monday 292 - - 10 302 6 308 1-May Tuesday - - - - - - - 6,168 298 447 212 7,125 336 7,461 Totals Altadena / LA County / Pasadena / San Marino Dial-A-Ride Total Daily Ridership April 2018 M-F Sat Sun Total Total Total Total Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - - - - - - 2-Apr Monday 2 - - - 2 - 2 3-Apr Tuesday 6 - - - 6 - 6 4-Apr Wednesday 5 - - - 5 - 5 5-Apr Thursday 3 - - - 3 - 3 6-Apr Friday 2 - - - 2 - 2 7-Apr Saturday - - - - - - - 8-Apr Sunday - - - - - - - 9-Apr Monday 1 - - - 1 - 1 10-Apr Tuesday 4 - - - 4 - 4 11-Apr Wednesday 2 - - - 2 - 2 12-Apr Thursday - - - - - - - 13-Apr Friday 6 - - - 6 - 6 14-Apr Saturday - - - - - - - 15-Apr Sunday - - - - - - - 16-Apr Monday 3 - - - 3 - 3 17-Apr Tuesday 4 - - - 4 - 4 18-Apr Wednesday 4 - - - 4 - 4 19-Apr Thursday 3 - - - 3 - 3 20-Apr Friday 4 - - - 4 - 4 21-Apr Saturday - - - - - - - 22-Apr Sunday - - - - - - - 23-Apr Monday - - - - - - - 24-Apr Tuesday 4 - - - 4 - 4 25-Apr Wednesday 3 - - - 3 - 3 26-Apr Thursday 2 - - - 2 - 2 27-Apr Friday 4 - - - 4 - 4 28-Apr Saturday - - - - - - - 29-Apr Sunday - - - - - - - 30-Apr Monday 1 - - - 1 - 1 1-May Tuesday - - - - - - - 63 - - - 63 - 63 Totals San Marino Total Daily Ridership April 2018 M-F Saturday Sunday Total Total Total Total Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 20 1 21 1 22 2-Apr Monday 31 - - - 31 - 31 3-Apr Tuesday 34 - - 2 36 5 41 4-Apr Wednesday 44 - - - 44 - 44 5-Apr Thursday 26 - - 4 30 3 33 6-Apr Friday 28 - - - 28 - 28 7-Apr Saturday - 11 - - 11 - 11 8-Apr Sunday - - 17 - 17 2 19 9-Apr Monday 32 - - - 32 - 32 10-Apr Tuesday 48 - - 1 49 3 52 11-Apr Wednesday 45 - - - 45 - 45 12-Apr Thursday 26 - - - 26 - 26 13-Apr Friday 31 - - - 31 2 33 14-Apr Saturday - 9 - - 9 - 9 15-Apr Sunday - - 17 - 17 2 19 16-Apr Monday 30 - - - 30 - 30 17-Apr Tuesday 54 - - 3 57 6 63 18-Apr Wednesday 45 - - - 45 - 45 19-Apr Thursday 31 - - 1 32 - 32 20-Apr Friday 36 - - - 36 - 36 21-Apr Saturday - 11 - - 11 - 11 22-Apr Sunday - - 22 - 22 2 24 23-Apr Monday 31 - - - 31 1 32 24-Apr Tuesday 38 - - 1 39 3 42 25-Apr Wednesday 33 - - - 33 1 34 26-Apr Thursday 33 - - 1 34 - 34 27-Apr Friday 36 - - - 36 1 37 28-Apr Saturday - 13 - - 13 1 14 29-Apr Sunday - - 25 - 25 4 29 30-Apr Monday 33 - - - 33 - 33 1-May Tuesday - - - - - - - 745 44 101 14 904 37 941 Totals Altadena Dial-A-Ride Total Daily Ridership April 2018 M-F Sat Sun Total Total Total Total Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 62 5 67 5 72 2-Apr Monday 234 - - 8 242 6 248 3-Apr Tuesday 264 - - 4 268 11 279 4-Apr Wednesday 256 - - 4 260 11 271 5-Apr Thursday 238 - - 11 249 15 264 6-Apr Friday 224 - - 4 228 5 233 7-Apr Saturday - 66 - 6 72 4 76 8-Apr Sunday - - 65 2 67 5 72 9-Apr Monday 239 - - 9 248 8 256 10-Apr Tuesday 288 - - 14 302 19 321 11-Apr Wednesday 275 - - 4 279 11 290 12-Apr Thursday 239 - - 7 246 11 257 13-Apr Friday 241 - - 4 245 8 253 14-Apr Saturday - 54 - 6 60 3 63 15-Apr Sunday - - 74 2 76 7 83 16-Apr Monday 226 - - 4 230 8 238 17-Apr Tuesday 278 - - 10 288 10 298 18-Apr Wednesday 274 - - 6 280 12 292 19-Apr Thursday 246 - - 6 252 13 265 20-Apr Friday 289 - - 9 298 15 313 21-Apr Saturday - 59 - 5 64 8 72 22-Apr Sunday - - 69 7 76 8 84 23-Apr Monday 232 - - 7 239 13 252 24-Apr Tuesday 297 - - 14 311 15 326 25-Apr Wednesday 205 - - 6 211 11 222 26-Apr Thursday 240 - - 8 248 16 264 27-Apr Friday 272 - - 4 276 10 286 28-Apr Saturday - 75 - 6 81 17 98 29-Apr Sunday - - 68 2 70 8 78 30-Apr Monday 252 - - 10 262 6 268 1-May Tuesday - - - - - - - 5,309 254 338 194 6,095 299 6,394 Totals Pasadena Dial-A-Ride Total Daily Ridership April 2018 M-F Saturday Sunday Total Total Total Total Date Day Passengers Passengers Passengers W/C Passengers Escorts Ridership 1-Apr Sunday - - 2 - 2 - 2 2-Apr Monday - - - - - - - 3-Apr Tuesday 2 - - 2 4 - 4 4-Apr Wednesday 4 - - 2 6 - 6 5-Apr Thursday - - - - - - - 6-Apr Friday 1 - - - 1 - 1 7-Apr Saturday - - - - - - - 8-Apr Sunday - - - - - - - 9-Apr Monday 4 - - - 4 - 4 10-Apr Tuesday 1 - - - 1 - 1 11-Apr Wednesday - - - - - - - 12-Apr Thursday 1 - - - 1 - 1 13-Apr Friday 1 - - - 1 - 1 14-Apr Saturday - - - - - - - 15-Apr Sunday - - 2 - 2 - 2 16-Apr Monday 2 - - - 2 - 2 17-Apr Tuesday - - - - - - - 18-Apr Wednesday 4 - - - 4 - 4 19-Apr Thursday 8 - - - 8 - 8 20-Apr Friday 4 - - - 4 - 4 21-Apr Saturday - - - - - - - 22-Apr Sunday - - 2 - 2 - 2 23-Apr Monday 6 - - - 6 - 6 24-Apr Tuesday - - - - - - - 25-Apr Wednesday 2 - - - 2 - 2 26-Apr Thursday 4 - - - 4 - 4 27-Apr Friday 1 - - - 1 - 1 28-Apr Saturday - - - - - - - 29-Apr Sunday - - 2 - 2 - 2 30-Apr Monday 6 - - - 6 - 6 1-May Tuesday - - - - - - - 51 - 8 4 63 - 63 Totals Total Daily Ridership April 2018 LA County Route 88 DEPOSIT DATE:TOTAL DEPOSIT TOTAL 4/16/2018 $394.60 $394.60 4/23/2018 $116.41 $116.41 4/30/2018 $260.50 $260.50 TOTAL TRANSIT TOTAL DAR TOTAL $771.51 $0.00 $771.51 PASADENA ROUTE 88 TRANSIT TO TRAIL FARE BOX COLLECTION April 2018 Apr-18 4/16/2018 > > > > >394.60$ > > > > >-$ DEPOSIT DATE TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (ROUTE 88) TOTAL DEPOSIT: Apr-18 4/23/2018 > > > > >116.41$ > > > > >-$ DEPOSIT DATE TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (ROUTE 88) TOTAL DEPOSIT: Apr-18 4/30/2018 > > > > >260.50$ > > > > >-$ DEPOSIT DATE TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (ROUTE 88) TOTAL DEPOSIT: Fixed Route Dial A Ride DEPOSIT DATE:TOTAL DEPOSIT TOTAL DEPOSIT TOTAL 4/2/2018 $6,800.59 $376.95 $7,177.54 4/5/2018 $6,878.63 $1,301.07 $8,179.70 4/10/2018 $5,334.52 $1,060.00 $6,394.52 4/13/2018 $4,091.21 $155.74 $4,246.95 4/16/2018 $2,391.18 $151.28 $2,542.46 4/23/2018 $11,982.81 $1,576.96 $13,559.77 4/25/2018 $5,359.89 $159.79 $5,519.68 4/30/2018 $7,094.73 $304.15 $7,398.88 TOTAL TRANSIT TOTAL DAR TOTAL $49,933.56 $5,085.94 $55,019.50 PASADENA TRANSIT & DIAL-A-RIDE FARE BOX COLLECTION April 2018 Apr-18 4/2/2018 > > > > >6,800.59$ > > > > >376.95$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/5/2018 > > > > >6,878.63$ > > > > >1,301.07$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/10/2018 > > > > >5,334.52$ > > > > >1,060.00$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/13/2018 > > > > >4,091.21$ > > > > >155.74$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/16/2018 > > > > >2,391.18$ > > > > >151.28$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/23/2018 > > > > >11,982.81$ > > > > >1,576.96$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/25/2018 > > > > >5,359.89$ > > > > >159.79$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Apr-18 4/30/2018 > > > > >7,094.73$ > > > > >304.15$ DEPOSIT DATE (DIAL-A-RIDE) TOTAL DEPOSIT: DAILY DEPOSIT RECORD FOR FIRST TRANSIT PASADENA 57231 (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: Time Time Elapsed Decimal Number Road Driver Route /Vehicle Vehicle Down Down Missed Call Safety & Date Name Manifest Bus #Location & Direction Down Up Time Time Reported Problem / Solution Trips (Yes/No)Accident Security 4/2/2018 O Marquez 20-3c 3298 NB Fair Oaks/Woodbury 2:45 PM 3:32 PM 0:47 0.78 Human waste on bus. Switched buses, went to timepoint.2 4/7/2018 M Prieto 88 3375 NB Sam Merril Trail 4:22 PM 5:22 PM 1:00 1.00 Ended Rt early. Did a sweep of the area.2 4/13/2018 R Vazquez 20-1 c 3297 NB Raymond/Green 6:14 PM 7:12 PM 0:58 0.97 Customer fell off bus. Paramedics called. Rd supervisor finished route.2 x 4/14/2018 H Marshall 20-1 c 3219 NB Marengo/Villa 7:09 PM 7:40 PM 0:31 0.52 Customer bled on bus. Switched buses.1 4/16/2018 J Nguyen 20-3 c 3219 SB lake/Rio Grande 6:29 AM 6:52 AM 0:23 0.38 Stalling, no start.Switched buses.1 x 4/17/2018 A Rodriguez 20-2 c 3217 NB Fair Oaks/Woodbury 7:35 AM 8:32 AM 0:57 0.95 Check engine light and buzzer on. Switched buses, went to time point 2 x 4/17/2018 A Rodriguez 20-1 c 3298 NB Del Mar Station 12:23 PM 13:35 PM 1:12 1.20 Check engine light and stop engine light on. Switched buses, went to time point 2 x 4/19/2018 M Corral 20-1 cc 3295 WB Woodbury/Raymond 3:01 PM 3:44 PM 0:43 0.72 Bus is stalling. Switched buses, went to time point.1 x 4/24/2018 L McAdoo 905 3360 WB Villa/lake 1:55 PM 1:55 PM 0:00 0.00 Bus rear ended vehicle. Vehicle left scene. We went back in service.0 x 4/28/2018 G Vasquez 906 3363 Lincoln/Montana 12:45 PM 12:45 PM 0:00 0.00 Truck hit rear of bus. Kept in service.0 x 0:00 0:00 0:00 0:00 0:00 0:00 0:00 0:00 0:00 0:00 0 0:00 0:00 0:00 0:00 0:00 13 6:31 6.52 6.52 11 0 0 0 4 Total Dial-A-Ride Road Calls:0 1 Total Dial-A-Ride Accidents:2 (Check "X" all that apply) Total Pasadena Transit Road Calls Total Pasadena Transit Missed Trips Total Pasadena Transit Lost Revenue Time FIRST TRANSIT, INC. PASADENA TRANSIT & DIAL-A-RIDE MONTHLY SERVICE REPORT April 2018 Total Pasadena Transit Accidents Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 10-1 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.25 5.00 8.30 13.62 8.30 291.27 2893.80 16.00 105.00 5.25 2788.80 286.02 SATURDAY 4 DAYS 0.25 5.00 8.30 9.22 8.30 37.88 369.60 10.53 20.00 1.00 349.60 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00329.15 3263.40 125.00 6.25 3138.40 322.90 10-2 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.40 6.40 8.30 13.00 8.30 281.40 2736.70 14.93 134.40 8.40 2602.30 273.00 SATURDAY 4 DAYS 0.40 6.40 8.30 8.82 8.30 36.88 355.28 9.93 25.60 1.60 329.68 35.28 MISSED SERVICE 0.00 0.00 0.00 0.00 318.28 3091.98 160.00 10.00 2931.98 308.28 10-3 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.40 6.40 8.30 14.05 8.30 303.45 2992.92 16.40 134.40 8.40 2858.52 295.05 SATURDAY 4 DAYS 0.40 6.40 8.19 9.22 8.19 38.48 370.89 10.54 25.60 1.60 345.29 36.88 MISSED SERVICE 0.00 0.00 0.00 0.00341.93 3363.81 160.00 10.00 3203.81 331.93 TOTAL 876.12 8623.42 373.80 22.05 8249.62 854.07 0.00 0.00 0.00 0.00 TOTAL 113.24 1095.77 71.20 4.20 1024.57 109.04 TOTAL 989.36 9719.19 445.00 26.25 9274.19 963.11 MONDAY through FRIDAY SATURDAY Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 20-1C 4 OPERATING DAYS WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 4 DAYS 0.42 6.50 9.90 8.72 9.90 36.56 369.33 8.67 26.00 1.68 343.33 34.88 MISSED SERVICE (2.69)(26.63)(26.63)(2.69) 33.87 342.70 26.00 1.68 316.70 32.19 20-1C (JARC)21 OPERATING DAYS WEEKDAYS 21 DAYS 0.42 6.50 9.90 14.25 9.90 308.07 2899.49 13.29 136.50 8.82 2762.99 299.25 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00308.07 2899.49 136.50 8.82 2762.99 299.25 20-2C 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.38 5.90 9.90 13.90 9.90 299.88 2826.60 13.00 123.90 7.98 2702.70 291.90 SATURDAY 4 DAYS 0.38 5.90 9.90 8.98 9.90 37.44 380.00 9.00 23.60 1.52 356.40 35.92 MISSED SERVICE (0.95)(9.41)(9.41)(0.95)336.37 3197.19 147.50 9.50 3049.69 326.87 20-3C 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.38 5.90 9.90 14.30 9.90 308.28 2930.55 13.50 123.90 7.98 2806.65 300.30 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE (1.16)(11.48)(11.48)(1.16)307.12 2919.07 123.90 7.98 2795.17 299.14 TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 308.07 2899.49 136.50 8.82 2762.99 299.25 TOTAL 608.16 5757.15 247.80 15.96 5509.35 592.20 (4.80)(47.52)(47.52)(4.80) TOTAL 74.00 749.33 49.60 3.20 699.73 70.80 TOTAL 677.36 6458.96 297.40 19.16 6161.56 658.20 MONDAY through FRIDAY MONDAY through FRIDAY SATURDAY JARC SATURDAY Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 20-1CC 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.38 5.90 9.80 14.13 9.80 304.71 2799.30 13.00 123.90 7.98 2675.40 296.73 SATURDAY 4 DAYS 0.38 5.90 9.80 8.60 9.80 35.92 323.87 7.66 23.60 1.52 300.27 34.40 MISSED SERVICE (0.72)(7.06)(7.06)(0.72)339.91 3116.11 147.50 9.50 2968.61 330.41 20-2CC 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.42 6.50 9.80 13.53 9.80 293.01 2606.10 12.00 136.50 8.82 2469.60 284.19 SATURDAY 4 DAYS 0.42 6.50 9.80 9.18 9.80 38.40 378.80 9.00 26.00 1.68 352.80 36.72 MISSED SERVICE 0.00 0.00 0.00 0.00331.41 2984.90 162.50 10.50 2822.40 320.91 20-3CC 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.40 6.30 9.80 6.85 9.80 152.25 1367.10 6.00 132.30 8.40 1234.80 143.85 MISSED SERVICE 0.00 0.00 0.00 0.00152.25 1367.10 132.30 8.40 1234.80 143.85 TOTAL 749.97 6772.50 392.70 25.20 6379.80 724.77 (0.72)(7.06)(7.06)(0.72) TOTAL 74.32 702.67 49.60 3.20 653.07 71.12 TOTAL 823.57 7468.11 442.30 28.40 7025.81 795.17 20-3CC (JARC)21 OPERATING DAYS WEEKDAYS 21 DAYS 0.40 6.30 9.80 7.30 9.80 161.70 1572.90 7.00 132.30 8.40 1440.60 153.30 SATURDAY MISSED SERVICE 0.00 0.00 0.00 0.00161.70 1572.90 132.30 8.40 1440.60 153.30 TOTAL 161.70 1572.90 132.30 8.40 1440.60 153.30 MONDAY through FRIDAY SATURDAY Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 31 25 OPERATING DAYS EASTBOUND 21 DAYS 0.36 6.10 6.60 10.87 6.60 235.83 3038.70 21.00 128.10 7.56 2910.60 228.27 WESTBOUND 21 DAYS 0.36 6.10 7.00 10.00 7.00 217.56 2656.50 17.20 128.10 7.56 2528.40 210.00 SATURDAY 4 DAYS 0.36 6.10 13.30 9.68 13.30 40.16 528.20 9.47 24.40 1.44 503.80 38.72 MISSED SERVICE 0.00 0.00 0.00 0.00493.55 6223.40 280.60 16.56 5942.80 476.99 TOTAL 493.55 6223.40 280.60 16.56 5942.80 476.99 31 (JARC)21 OPERATING DAYS EASTBOUND 21 DAYS 0.36 6.10 6.60 2.83 6.60 66.99 682.50 4.00 128.10 7.56 554.40 59.43 WESTBOUND 21 DAYS 0.36 6.10 7.00 2.00 7.00 49.56 696.99 3.87 128.10 7.56 568.89 42.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00116.55 1379.49 256.20 15.12 1123.29 101.43 TOTAL 116.55 1379.49 256.20 15.12 1123.29 101.43 32 25 OPERATING DAYS EASTBOUND 21 DAYS 0.35 6.00 5.70 7.92 5.70 173.67 2101.05 16.50 126.00 7.35 1975.05 166.32 WESTBOUND 21 DAYS 0.35 6.00 6.42 6.00 6.42 133.35 2078.19 14.48 126.00 7.35 1952.19 126.00 SATURDAY 4 DAYS 0.35 6.00 13.90 9.20 13.90 38.20 524.40 9.00 24.00 1.40 500.40 36.80 MISSED SERVICE 0.00 0.00 0.00 0.00345.22 4703.64 276.00 16.10 4427.64 329.12 TOTAL 345.22 4703.64 276.00 16.10 4427.64 329.12 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 40-1 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.25 4.60 12.30 13.83 12.30 295.68 3330.52 12.52 96.60 5.25 3233.92 290.43 SATURDAY 4 DAYS 0.25 4.60 12.30 8.75 12.30 36.00 435.12 8.47 18.40 1.00 416.72 35.00 MISSED SERVICE 0.00 0.00 0.00 0.00331.68 3765.64 115.00 6.25 3650.64 325.43 40-2 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.26 4.80 12.30 13.37 12.30 286.23 3200.40 12.00 100.80 5.46 3099.60 280.77 SATURDAY 4 DAYS 0.26 4.80 12.30 8.80 12.30 36.24 438.88 8.53 19.20 1.04 419.68 35.20 MISSED SERVICE 0.00 0.00 0.00 0.00322.47 3639.28 120.00 6.50 3519.28 315.97 40-3 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.23 4.40 12.30 5.01 12.30 110.04 1247.00 4.47 92.40 4.83 1154.60 105.21 MISSED SERVICE 0.00 0.00 0.00 0.00110.04 1247.00 92.40 4.83 1154.60 105.21 TOTAL 691.95 7777.92 289.80 15.54 7488.12 676.41 0.00 0.00 TOTAL 72.24 874.00 37.60 2.04 836.40 70.20 TOTAL 764.19 8651.92 327.40 17.58 8324.52 746.61 MONDAY through FRIDAY SATURDAY Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours ROUTE NUMBER 51 25 OPERATING DAYS WEEKDAYS 21 DAYS 0.21 5.00 13.30 13.85 13.30 295.26 4001.24 13.95 105.00 4.41 3896.24 290.85 SATURDAY 4 DAYS 0.21 5.00 4.30 12.63 4.30 51.36 570.40 32.00 20.00 0.84 550.40 50.52 MISSED SERVICE 0.00 0.00 0.00 0.00346.62 4571.64 125.00 5.25 4446.64 341.37 TOTAL 346.62 4571.64 125.00 5.25 4446.64 341.37 52 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.23 5.10 17.50 4.80 17.50 105.63 1389.68 3.49 107.10 4.83 1282.58 100.80 MISSED SERVICE 0.00 0.00 0.00 0.00105.63 1389.68 107.10 4.83 1282.58 100.80 TOTAL 105.63 1389.68 107.10 4.83 1282.58 100.80 53 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.21 5.00 8.80 0.43 8.80 13.40 289.80 1.00 105.00 4.41 184.80 9.03 MISSED SERVICE 0.00 0.00 0.00 0.0013.40 289.80 105.00 4.41 184.80 9.03 TOTAL 13.40 289.80 105.00 4.41 184.80 9.03 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours ROUTE NUMBER 60 21 OPERATING DAYS WEEKDAYS 21 DAYS 0.25 4.40 9.50 9.38 9.50 202.23 2486.40 12.00 92.40 5.25 2394.00 196.98 MISSED SERVICE 0.00 0.00 0.00 0.00202.23 2486.40 92.40 5.25 2394.00 196.98 TOTAL 202.23 2486.40 92.40 5.25 2394.00 196.98 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours April 2018 Number of Days ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhea d Miles 10 989.36 963.11 26.25 9,719.19 9,274.19 445.00 Weekdays 21 20-C 677.36 658.20 19.16 6,458.96 6,161.56 297.40 Saturdays 4 20-C (JARC)308.07 299.25 8.82 2,899.49 2,762.99 136.50 Total Days 25 20-CC 823.57 795.17 28.40 7,468.11 7,025.81 442.30 20-CC (JARC)161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60 31 (JARC)116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 345.22 329.12 16.10 4,703.64 4,427.64 276.00 40 764.19 746.61 17.58 8,651.92 8,324.52 327.40 51 346.62 341.37 5.25 4,571.64 4,446.64 125.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.41 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 5,347.45 5,171.36 176.13 57,814.62 54,791.42 3,023.20 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours MONDAY - FRIDAY April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 10 876.12 854.07 22.05 8,623.42 8,249.62 373.80 20-C 608.16 592.20 15.96 5,757.15 5,509.35 247.80 20-C (JARC)308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 749.97 724.77 25.20 6,772.50 6,379.80 392.70 20-CC (JARC)161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 453.39 438.27 15.12 5,695.20 5,439.00 256.20 31 (JARC)116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 307.02 292.32 14.70 4,179.24 3,927.24 252.00 40 691.95 676.41 15.54 7,777.92 7,488.12 289.80 51 295.26 290.85 4.41 4,001.24 3,896.24 105.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.37 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 Missed Service (5.52) (5.52) - (54.58) (54.58) - 4,883.93 4,724.16 159.77 52,769.85 50,023.05 2,746.80 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours SATURDAY April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 10 113.24 109.04 4.20 1,095.77 1,024.57 71.20 20-C 74.00 70.80 3.20 749.33 699.73 49.60 20-C (JARC)- - - - - - 20-CC 74.32 71.12 3.20 702.67 653.07 49.60 20-CC (JARC)- - - - - - 31 40.16 38.72 1.44 528.20 503.80 24.40 31 (JARC)- - - - - - 32 38.20 36.80 1.40 524.40 500.40 24.00 40 72.24 70.20 2.04 874.00 836.40 37.60 51 51.36 50.52 0.84 570.40 550.40 20.00 52 - - - - - - 60 - - - - - - 463.52 447.20 16.32 5,044.77 4,768.37 276.40 Pasadena Transit Revenue Hours/Miles April 2018 PASADENA TRANSITMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours GRAND TOTALS April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 10 989.36 963.11 26.25 9,719.19 9,274.19 445.00 20-C 682.16 663.00 19.16 6,506.48 6,209.08 297.40 20-C (JARC)308.07 299.25 8.82 2,899.49 2,762.99 136.50 20-CC 824.29 795.89 28.40 7,475.17 7,032.87 442.30 20-CC (JARC)161.70 153.30 8.40 1,572.90 1,440.60 132.30 31 493.55 476.99 16.56 6,223.40 5,942.80 280.60 31 (JARC)116.55 101.43 15.12 1,379.49 1,123.29 256.20 32 345.22 329.12 16.10 4,703.64 4,427.64 276.00 40 764.19 746.61 17.58 8,651.92 8,324.52 327.40 51 346.62 341.37 5.25 4,571.64 4,446.64 125.00 52 105.63 100.80 4.83 1,389.68 1,282.58 107.10 53 13.40 9.03 4.37 289.80 184.80 105.00 60 202.23 196.98 5.25 2,486.40 2,394.00 92.40 Missed Service (5.52) (5.52) - (54.58) (54.58) - 5,347.45 5,171.36 176.09 57,814.62 54,791.42 3,023.20 54,010.42 52,247.38 1,763.04 583,999.89 553,889.10 30,110.79 Y.T.D. Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours Route 88 - Bus 1 8 OPERATING DAYS SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE 0.00 0.00 0.00 0.0079.76 904.00 48.00 4.00 856.00 75.76 Route 88 - Bus 2 8 OPERATING DAYS SATURDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 SUNDAY 4 DAYS 0.50 6.00 10.70 9.47 10.70 39.88 452.00 10.00 24.00 2.00 428.00 37.88 MISSED SERVICE (1.00)(10.70)(10.70)(1.00) 78.76 893.30 48.00 4.00 845.30 74.76 Route 88 - Extra Bus 1 OPERATING DAYS SATURDAY 1 DAYS 0.50 6.00 10.70 3.79 10.70 4.29 48.80 4.00 6.00 0.50 42.80 3.79 SUNDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.004.29 48.80 6.00 0.50 42.80 3.79 TOTAL 84.05 952.80 54.00 4.50 898.80 79.55 (1.00)(10.70)(10.70)(1.00) TOTAL 79.76 904.00 48.00 4.00 856.00 75.76 TOTAL 162.81 1846.10 102.00 8.50 1744.10 154.31 SATURDAY SUNDAY Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 20-1C 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.32 9.90 0.00 0.00 13.81 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20-1C (JARC)0 OPERATING DAYS WEEKDAYS 0 DAYS 0.42 6.50 9.90 14.25 9.90 0.00 0.00 13.29 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.90 8.72 9.90 0.00 0.00 8.67 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 20-2C 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.38 5.90 9.90 13.90 9.90 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.90 8.98 9.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 20-3C 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.38 5.90 9.90 14.30 9.90 0.00 0.00 13.50 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 SATURDAY MONDAY through FRIDAY MONDAY through FRIDAY SATURDAY JARC Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 20-1CC 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.38 5.90 9.80 14.13 9.80 0.00 0.00 13.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.38 5.90 9.80 8.60 9.80 0.00 0.00 7.66 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 20-2CC 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.42 6.50 9.80 13.53 9.80 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.42 6.50 9.80 9.18 9.80 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 20-3CC 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.40 6.30 9.80 6.85 9.80 0.00 0.00 6.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 20-3CC (JARC)0 OPERATING DAYS WEEKDAYS 0 DAYS 0.40 6.30 9.80 7.30 9.80 0.00 0.00 7.00 0.00 0.00 0.00 0.00 SATURDAY 0 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 MONDAY through FRIDAY SATURDAY Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 31 0 OPERATING DAYS EASTBOUND 0 DAYS 0.36 6.10 6.60 10.87 6.60 0.00 0.00 21.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 10.00 7.00 0.00 0.00 17.20 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.36 6.10 13.30 9.68 13.30 0.00 0.00 9.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 31 (JARC)0 OPERATING DAYS EASTBOUND 0 DAYS 0.36 6.10 6.60 2.83 6.60 0.00 0.00 4.00 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.36 6.10 7.00 2.00 7.00 0.00 0.00 3.87 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 32 0 OPERATING DAYS EASTBOUND 0 DAYS 0.35 6.00 5.70 7.92 5.70 0.00 0.00 16.50 0.00 0.00 0.00 0.00 WESTBOUND 0 DAYS 0.35 6.00 6.42 6.00 6.42 0.00 0.00 14.48 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.35 6.00 13.90 9.20 13.90 0.00 0.00 9.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours 40-1 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.25 4.60 12.30 13.83 12.30 0.00 0.00 12.52 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.25 4.60 12.30 8.75 12.30 0.00 0.00 8.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 40-2 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.26 4.80 12.30 13.37 12.30 0.00 0.00 12.00 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.26 4.80 12.30 8.80 12.30 0.00 0.00 8.53 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 40-3 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.23 4.40 12.30 5.01 12.30 0.00 0.00 4.47 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 MONDAY through FRIDAY SATURDAY Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours ROUTE NUMBER 51 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.21 5.00 13.30 13.85 13.30 0.00 0.00 13.95 0.00 0.00 0.00 0.00 SATURDAY 0 DAYS 0.21 5.00 4.30 12.63 4.30 0.00 0.00 32.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 52 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.23 5.10 17.50 4.80 17.50 0.00 0.00 3.49 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 53 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.21 5.00 8.80 0.43 8.80 0.00 0.00 1.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours ROUTE NUMBER 60 0 OPERATING DAYS WEEKDAYS 0 DAYS 0.25 4.40 9.50 9.38 9.50 0.00 0.00 12.00 0.00 0.00 0.00 0.00 MISSED SERVICE 0 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours April 2018 Number of Days ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhea d Miles 88 162.81 154.31 8.50 1,846.10 1,744.10 102.00 Saturdays 4 - - - - - - Sundays 4 - - - - - - Total Days 8 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 162.81 154.31 8.50 1,846.10 1,744.10 102.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours SATURDAY April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 88 84.05 79.55 4.50 952.80 898.80 54.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Missed Service (1.00) (1.00) - (10.70) (10.70) - 83.05 78.55 4.50 942.10 888.10 54.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours SUNDAY April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 88 79.76 75.76 4.00 904.00 856.00 48.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 79.76 75.76 4.00 904.00 856.00 48.00 Pasadena Route 88 Transit to Trail PASADENA ROUTE 88 TRANSIT TO TRAILMONTHLY MILES & HOURS REPORT MONTH: April 2018 REVENUE & DEADHEAD ROUTE NUMBER Operating Days DEADHEAD HOURS DEADHEAD MILES REVENUE MILES PER LOOP REVENUE HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Total Deadhead Miles Total Deadhead Hours Total Revenue Miles Total Revenue Hours GRAND TOTALS April 2018 ROUTE TOTAL HOURS Total Revenue Hours Total Deadhead Hours TOTAL MILES Total Revenue Miles Total Deadhead Miles 88 163.81 155.31 8.50 1,856.80 1,754.80 102.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Missed Service (1.00) (1.00) - (10.70) (10.70) - 162.81 154.31 8.50 1,846.10 1,744.10 102.00 54,173.23 52,401.69 1,771.54 585,845.99 555,633.20 30,212.79 Y.T.D. 600 Vine Street Suite 1400 Cincinnati, OH 45202 513-241-2200 www.firsttransit.com Baldwin Park Tansit Fixed Route and Dial-a-Ride Proposal 12/01/24 to 12/31/24 OPERATIONS Driver Payroll $ 600,643 Driver Benefits and Payroll Expense $ 131,007 Other Operations Staff Payroll $ 69,139 Other Operations Staff Benefits and Payroll Expense $ 15,080 Driver Training Payroll $ 9,695 Driver Training Benefits & Payroll Expense $ 2,114 Supplies $ 6,215 Vehicle Costs $ 2,577 Fuel (Excludes CNG) $ 41,004 Communications $ 14,540 Miscellaneous Operations Costs $ 7,951 Total Operations Expense $ 899,965 MAINTENANCE Maintenance Staff Payroll $ 133,359 Maintenance Staff Benefits & Payroll Expense $ 29,087 Parts & Supplies $ 98,490 Oil & Lubricants $ 9,819 Maintenance Equipment $ - Miscellaneous Maintenance Costs $ - Total Maintenance $ 270,755 OTHER COSTS Administrative/Management Payroll $ 64,730 Administrative/Management Benefits & Payroll Expense $ 14,118 Insurance $ 245,857 Facility Rent $ 19,800 Utilities $ 4,200 Advertising Payment To City $ - Advertising Prodction Cost $ - Bus Shelter Maintenance $ - Other/Overhead Costs $ 80,865 Profit/Fee $ 85,691 Total Other Costs $ 515,262 Total Annual Cost $ 1,685,982 Scheduled Revenue Hours 19,976 Variable Costs $ 899,964.74 Fixed Costs $ 786,016.94 Rate Per Revenue Hour $ 84.40 STAFF REPORT ITEM NO. ____22___ Page 1 / 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works PREPARED BY: Romany Basilyous, Engineering Manager DATE: February 7, 2024 SUBJECT: Hearing to Review Bidder Protests and Authorize the Award of Construction Contract to Nationwide Contracting Services, Inc., for City Project No. CIP 21-198, Barnes Park Multi-Benefit Stormwater Capture Project SUMMARY This item will authorize the award of a construction contract to Nationwide Contracting Services, Inc., in an amount of $17,199,044.00 for the Barnes Park Multi-Benefit Stormwater Capture Project. Numerous bids were received for this project, however, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that reflects upon the responsibility of the lowest bidder to perform the Project. In addition, staff received a bid protest from the third-lowest bidder alleging that the bids submitted by the lowest and second-lowest bidders were not responsive. Numerous other letters were received from the bidders. The foregoing are set forth in the Record accompanying thi s Report (attachment 2). The purpose of this agenda item is to provide bidders with a hearing to give them an opportunity to present evidence concerning their responsibility and, after considering the evidence presented, for the Council to make an award. This Project consists of construction of various improvements. These improvements include, but are not limited to, the installation of a subsurface stormwater infiltration system, storm drain improvements in the neighborhood, the expansion and rehabilitation of the existing parking lot, the addition of diagonal parking spaces along Patritti Avenue, upgrades to the existing play fields, construction of ADA accessible park entrances, the installation of new play equipment, construction of an addit ional restroom at the park’s building facility, enhancements to the existing basketball courts, and all other associated work as outlined in the plans and specifications. RECOMMENDATION It is Staff’s recommendation that the City Council: 1. Provide all bidders with an opportunity to address any issue relating to responsibility and/or the responsiveness of their bids; and, 2. Determine that Zusser Company, Inc. (“Zusser”) is non-responsible bidder: and 3. Approve and award the construction contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00; and, 4. Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc.; and, 5. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment. Page 2 / 5 FISCAL IMPACT There is no fiscal impact on the General Fund. The funding for construction will come from Safe Clean Water Grant Funds, Measure W, and Quimby. These funds are available upfront and will not have an impact on the General Fund Reserve. The project will also be funded by a State Prop 68 Grant on a reimbursement basis which will be front-funded by the General Fund Reserve. Upon completion of the work, staff will seek reimbursement ensuring that there will be no impact to General Fund. Funding schedule is outlined in the table below: Approved Funds Amount Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $8,700,000.00 Fund 270 Prop 68 California Parks Grant $2,874,351.00 Fund 231 Quimby $6,570.00 Approved Funds Total $11,580,921.00 Appropriation Amount Fund 231 Quimby $1,300,000.00 Fund 255 Measure M $300,000.00 Fund 258 Safe, Clean Water – Measure W Regional Program (final allocation) $4,835,690.00 Fund 258 Safe, Clean Water – Measure W Local Return $1,200,000.00 Appropriation Total $7,635,690.00 Construction Costs Amount Construction Contract $17,199,044.00 Contingency, Construction Management, Inspection Services and Permits $2,000,000.00 Total Construction Budget $19,199,044.00 BACKGROUND On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the district for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups. In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735,690 programmed over four years through FY2023-2024. Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking-in the programmed funds to be disbursed in advance over the 4 years. In August 2019, the City applied for supplemental funds for park improvements via the State’s Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable. On August 16, 2023, staff provided a high-level overview of the project to City Council during a Study Session presentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid. Page 3 / 5 On September 28, 2023, a notice inviting bids was published for CIP 21-198 on the San Gabriel Valley Tribune and uploaded to Planet Bids. On November 14, 2023, a total of six bids were received, opened, and publicly read. DISCUSSION On November 14, 2023, six bids were received, opened, and publicly read for Barnes Park Multi-Benefit Stormwater Capture Project CIP 21-198. The bids were checked for errors and were all determined to be valid. The following is a summary of the bids received: No Contractor Location Total Bid Amount 1 Zusser Company Los Angeles $17,088,481.00 2 Nationwide Contracting Huntington Beach $17,199,044.00 3 KASA Construction, Inc. Chino $17,350,658.80 4 Ford E.C. Inc Los Angeles $17,931,635.98 5 Stacy and Witbeck, Inc. Alameda $19,235,716.00 6 Ortiz Enterprises Inc. Irvine $21,009,465.00 As shown above, Zusser submitted the lowest bid on the Project. However, after reviewing the bids and investigating the qualifications of bidders, staff found evidence that concerning Zusser and reflects upon their responsibility to perform the Project. Staff believes such evidence is sufficient to disqualify Zusser and obligate the award of contract to Nationwide Contracting Services. That evidence consists of the following: 1. Zusser did not demonstrate candor in responding to City inquiries into its qualifications. Rather, Zusser withheld production of documents, first on an unfounded claim of mediation privilege, and when confronted conditioned its production of documents on the City producing the information prompting its inquiry. Such evasiveness is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract. 2. In addition, Zusser disputes responsibility for worker misclassifications its admitted before the Department of Industrial Relations. Having chosen not to contest such findings, Zusser cannot claim that it did not engage in the violations. Zusser’s failure to take responsibility for its own conceded prior violations conceded in other proceedings is not consistent with the attribute of trustworthiness required to satisfactorily perform the contract. As a result, it was determined by staff that there exists evidence that reflects upon their responsibility to perform the Project and whether Zusser is a responsible bidder. However, such a determination can only be made after Zusser is provided an opportunity to respond to these findings at this hearing and respond/defend their qualifications as a responsible bidder. Per California Public Contract Code, Section 20162 provides that “[W]hen the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice.” The accompanying Record sets forth the background of this matter and is incorporated by reference as if fully set forth herein. Responsibility of a Bid A bidder is responsible if it “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103 (underline added).). Typically, questions of responsibility include, for example, whether a bidder has Page 4 / 5 experience with projects of the size contemplated, whether the bidder has sufficient bonding capacity, whether the proposed personnel or subcontractors have required licenses and whether the bidders past actions, such as submitting false or inflated extra work claims, demonstrate a lack of trustworthiness. Due process requires that “prior to awarding a public works contract to other than the lowest bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract. The City has provided such written notice to Zusser, Kasa, and Nationwide. Responsiveness of a Bid Responsiveness refers to the bids themselves and whether the bids contain all of the elements requested in the bid proposal and whether the bid promises to do what the bid instructions require. A bid that contains a deviation from what the bid solicitation required is non-responsive. However, a public agency can waive the irregularity if it is considered non-material and does not give a party an unfair advantage in the bids. City staff has evaluated the correspondence of the bidders and is not of the opinion that there is any merit to protests as to other bidders on responsiveness grounds. Nevertheless, those bidders may also address the Council as to these issues during the hearing. Outline for Hearing 1. Accept Staff Report & Questions to Staff 2. Open Hearing A. Presentation from Kasa (Approx 5 minutes) - Questions from the City Council - Responses from Staff B. Presentation from Nationwide (Approx. 10 minutes) - Questions from the City Council - Responses from Staff C. Presentation from Zusser (Approx 10 minutes) - Questions from the City Council - Responses from Staff D. Rebuttal from Nationwide (Approx. 3 min) 3. Close Hearing and Take Action ALTERNATIVES 1. Request that all bidders stipulate on the record that they will extend their bid bonds for a further month and continue this matter to the Council Meeting on February 21, 2024. 2. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs. 3. Provide Staff with alternate direction. Page 5 / 5 CEQA REVIEW A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Contract Service Agreement 2. The Record, comprised of the City’s letters dated January 11, 2024 and January 30, 2024, and all enclosures thereto, and the City’s email to counsel of record for all bidders on January 30, 2024 enclosed herewith. CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR City Project No. CIP 21-198 – Barnes Park Multi-Benefit Stormwater Capture Project THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 7th day of February, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Nationwide Contracting Services Inc. (herein "Contractor"). The parties hereto agree as follows: R E C I T A L S A. City requires all improvements, including the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and flow meters, stormwater pretreatment system, expansion and rehabilitation of the onsite parking lot, new diagonal parking along Patritti Avenue, new/improved play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought-tolerant landscaping, installation of new play equipment, installation of picnic tables and BBQ grills, park expansion to the north (Futsal court), restroom addition in the community center, improved basketball courts, and swales. These improvements (along with others shown in the Contract Documents), when completed, will finalize the Barnes Park Multi-Benefit Stormwater Capture Project. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section. 1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub- contractors to comply with the provisions of this agreement. 1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through D” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through D” and any other provisions of this Agreement, the provisions of Exhibit “A through D” shall govern. 1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. For Federal Prevailing Wages see Exhibit “D”. 2. COMPENSATION 2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Seventeen Million One Hundred Ninety-nine Thousand Forty-four Dollar ($17,199,044.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence – Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Luicci Nader 7600 Liberty Dr. Huntington Beach, CA, 92647 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub- contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Coverage (Check if applicable) Minimum Limits (X) Comprehensive General Liability Insurance (including premises and operations) $5,000,000 per occurrence combined single limit ( ) Contractual Liability Insurance Products Liability Insurance $1,000,000 limit (X) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired automobile hazard $2,000,000 per occurrence combined single limit ( ) Professional Liability Insurance (providing for a one year discovery period) $1,000,000 limit (X) Workers' Compensation/Employers' Liability Insurance Statutory $2,000,000 per occurrence CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub-contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub- contractors. 5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes – In the event either party fails to perform its obligations hereunder, the non- defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. 7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Public Works Department To Contractor: Luicci Nader 7600 Liberty Dr. Huntington Beach, CA, 92647 9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Illegal Aliens Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section. 9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: By: By: (Print Name) (Print Name) Signature: Signature: Title: Title: Address: Address: CITY OF BALDWIN PARK, a municipal corporation ATTEST: By: Emmanual J. Estrada, MAYOR APPROVED AS TO FORM: By: City Clerk City Attorney RECORD Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com January 11, 2024 VIA E-MAIL [MARION.HACK@TROUTMAN.COM] Marion T. Hack Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 VIA E-MAIL [RNIESLEY@WATTTIEDER.COM] Robert C. Niesley Watt, Tieder, Hoffar & Fitzgerald, LLP 2040 Main Street, Suite 300 Irvine, California 92614 VIA E-MAIL [CM@SMTDLAW.COM ] Christopher Morrow Salamirad, Morrow, Timpane & Dunn LLP 17901 Von Karman Avenue, Suite 500 Irvine, California 92614 Re: BID PROTEST AND RELATED PROCEEDINGS RE: BARNES PARK MULTI BENEFIT STORMWATER CAPTURE PROJECT Dear Colleagues: Our office represents the City of Baldwin Park (“City”), and all further communication regarding this matter should be directed to the undersigned. The City is in receipt of the following correspondence regarding the bidding of the above referenced project (the “Project”): Exhibit A – Nov. 20, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #1”) Exhibit C – Dec. 14, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #1”) Exhibit E – Dec. 21, 2023 Letter From Kasa Construction, Inc. (“Kasa Ltr. #2”) Exhibit F - Dec. 22, 2023 Letter from Zusser Company, Inc. (“Zusser Ltr. #2”) Exhibit G – December 29, 2023 Letter from Nationwide Contracting Services, Inc. (“Nationwide”) The City responded to Kasa Ltr #1 as set forth in Exhibit B and to Zusser Ltr. #1 as set forth in Exhibit D. The City is setting a hearing for February 7, 2024 at a time to be set by agenda posted Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024 Page 2 Best Best & Krieger LLP at https://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 or as soon thereafter as the matter may be heard before the City Council of the City of Baldwin Park , at which Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide”) will be afforded an opportunity to demonstrate that they are responsible bidders. If either wishes to submit a written statement as to their responsibility to be considered at such hearing, such statement may be filed with the undersigned by email on or before January 19, 2024. Zusser, Kasa, and Nationwide have all submitted letters from their respective bid bond sureties extending their bid bond through February 13, 2024 and evidencing their commitment to honor their bid through such date so as to accommodate the process described above. Exhibit H. As to Zusser Ltr. #2, the City encourages Zusser to reconsider its invocation of the mediation privilege so as to justify the non-production of material information. The mediation privilege does not apply to documents that are not “prepared for the purpose of, in the course of, or pursuant to a mediation”, (Evidence Code, § 1119), such as claims and responses thereto preceding a mediation conducted pursuant to section 9204 of the Public Contract Code. The invocation of inapplicable evidentiary privileges to obstruct the City’s inquiry is inconsistent with “the attribute of trustworthiness” at the core of a responsibility hearing. (Public Contract Code, § 1103). Further, Zusser has still not addressed the extent to which it misclassified workers in the Operating Engineer and Laborer classifications and underpaid workers classified as Cement Masons in connection with the LADWP Lagoon Refurbishment project (“LADWP Project”), let alone whether such was “a good faith mistake and, if so, the error was promptly and vo luntarily corrected when brought to the attention of the contractor”. (Labor Code section 1775, subdivision (a)(2)(A)(i).) It appears from the papers and record of such proceedings that Zusser conceded that it misclassified workers in the Operating Engineer and Laborer classifications and underpaid workers classified as Cement Masons in connection with the LADWP Project. As to Kasa Ltr. #2 and Nationwide, the City expects Nationwide to address Kasa’s allegations with respect to the “pending lawsuit in the United States District Court for the Central District of Cali fornia, Case No. 8:23-cv-0052l” in the written statement referenced above and at the hearing. Zusser, Nationwide, and Kasa will have an opportunity to address the City Council at the above referenced hearing. The City Council will not take action in connection with this matter until such hearing at the earliest. Any threatened lawsuit about this matter from Kasa , and by implication Zusser or Nationwide, would be premature prior to such action and the City trusts that all persons will permit the process described above to be exhausted prior to any threatened legal action. The City is committed to conducting this process in a matter which protects the due process rights of all bidders as well as the public’s expectation that a contract will not be awarded to a bidder that the City Council, in its legislative judgment, applying subtle judgment, ultimately determines is non-responsible only after affording that bidder due process. (Great West Contractors, Inc. v. Irvine Unified School District (2010) 187 Cal.App.4th 1425, 1452-53; Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (“[T]he letting of contracts by a governmental entity necessarily requires an exerci se of discretion guided by consideration of the public welfare”)). Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024 Page 3 Best Best & Krieger LLP Sincerely, Grant R. Orbach for BEST BEST & KRIEGER LLP GRO:ab Exhibit A Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com November 20, 2023 City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706 Project: Barnes Park Multi Benefit Stormwater Capture Project Subject: BID PROTEST Bid Date: November 14, 2023, at 2:00 PM This letter shall be construed as a Formal Bid Protest against the apparent low bidder, Zusser Company, and the second apparent low bidder, Nationwide Contracting Services, for the following reasons as explained below. 1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser ) 2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser ) 3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide ) 4. Failure to properly execute signatures on Bid Proposal as instructed. ( Nationwide ) 5. Failure to list a Licensed Landscape and Irrigation Subcontractor ( Zusser and Nationwide ) 6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide) 7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide) 8. Non – Responsible Bidder (Zusser and Nationwide) 1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser ) Zusser listed BOTH Creo Electric and Electro Construction as C-10 Electrical subcontractors in their bid. According to California Public Contract Code Sections 4100 through 4113, only one subcontractor may be listed for the same portion of work. If more than one subcontractor is listed, the prime Contractor “shall be qualified to perform that portion itself, and shall perform that portion itself.” Zusser is not licensed with a C-10 nor qualified to perform the electrical scope and therefore cannot perform the electrical on this project. See snip from the Greenbook. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Page A-5 in the specifications clearly state that the prime Contractor is required to perform all aspects of a particular scope if it lists more than one subcontractor for the same portion of work. See below snip from specs: Besides an electrical contractor being required to hold a C-10 license, all employee electricians performing work under the C-10 contractor must also be State Certified in order to work on a prevailing wage project. Therefore, it is impractical to assume that Zusser would: 1) Have the ability and experience to perform in the caliber of a C-10 contractor, and 2) Employ qualified State Certified electricians to successfully complete the project. As a matter of fact, it would be impossible since the state certified workers can only work under a licensed C-10 contractor. Based on the above, Zusser should be deemed non-responive. 2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser ) Zusser’s history of performing public works projects is also problematic. According to the public record, the California Department of Industrial Relations published Case No. 19-0134-PWH against Zusser on 08/18/2022 regarding the Civil Wage and Penalty Assessment issued with respect to the work Zusser performed on the LADWP Lagoon Refurbishment (which was listed as a project reference). According to the DIR, Zusser was assessed $653,177.48 in penalties for a variety of failures including but not limited to the following violations: A) Apprenticeship violations B) Prevailing wage violations, including regular and overtime rates C) Misclassifying workers on the project D) Training fund contribution violations E) Liquidated damages associated with the incorrect wages The snip of the DIR’s Civil Wage and Penalty Assessment is attached and calls into question Zusser’s technical abilities and trustworthiness to successfully perform a project of this size in compliance with all applicable federal, state, or local laws. Based on the above, Zusser should be deemed non-responive. 3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide) Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Per the Specifications section 11 68 13 – Playground equipment, the subcontractor for the installation of the play equipment must have a minimum of 5 years of experience and have completed a minimum of 5 similar projects. Please see snip from specs below. Based on KASA’s experience in building Parks, KASA knows all the certified installer subs including everyone that submitted a quote for installation. Every quote received exceeded half of 1% of the total bid and were required to be listed. Unless Nationwide can prove that they have 5 years of experience self performing playgrounds and certified by the manufacturer, their bid must be deemed non – responsive. 4. Failure to properly execute signatures on Bid Proposal as instructed. (Nationwide) Nationwide failed to follow the City’s instructions regarding Contractor signatures. Page A-5 in the Specifications states that bids submitted by corporations must be signed by the President and Secretary or Assistant Secretary, or they may be signed by other authorized persons as evidenced by a corporate resolution. In this case Nationwide failed to include a Corporate Resolution and / or failed to sign on behalf of Both Officers. This requirement was reiterated in the City’s answer to Question #3 in Addendum #5: “A signature by the President and Secretary are required. Other person(s) may sign on behalf of corporation as specified in Section 5. Signature of Contractor.” Nationwide failed to comply with the bid specs and addendum by signing only its Vice President and, therefore, their bid should be rejected as non-responsive. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com See below snip of signature. 5. Failure to list a LICENSED Landscape and Irrigation Subcontractor in “good standing” ( Zusser and Nationwide ) Page A-4 in the Information to Bidders section of the Specifications states that “to be eligible to perform work, the bidder must be a Licensed California State Contractor in good standing.” This requirement also extends to all subcontractors listed by the Contractor in their bid. Jon Gilmer Construction, CSLB # 582487, has a SUSPENDED CSLB license yet was still the listed subcontractor for Landscape and Irrigation by both Zusser and Nationwide. Please see the attached exhibits which prove the license was suspended both before and after the bid. Zusser listed Jon Gilmer with a subcontract dollar value of $914,000 which equates to approximately 4.7% of their bid and Nationwide listed Jon Gilmer with a subcontract dollar value of $914,133 which equates to approximately 5.4% of their bid. As stated in Section 4.3 of the Contract, “The experience, knowledge, capability and reputation of Contractor, its principles and employees were a substantial inducement for the City to enter into this Agreement.” ……. “It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principles were a substantial inducement for the City to enter into this Agreement.” If either contractor attempts to self-perform the work of such caliber, they would be in direct violation of the contract. The City and its residents deserve quality work performed by an experienced Park builder like KASA Construction Inc. and this error should not be considered by the City as a minor irregularity. The Technical Ability and Experience would be something both contractors would have to prove as it pertains to the self-performing Landscape and Irrigation for a Park project. Please make reference to the snip from the Bid Documents “Technical Ability and Experience” required below. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Lastly, per the specifications, Section 32-93-95 / 1.03 Quality Assurance, the Landscape Contractor should have experience in horticultural and landscape maintenance. Besides KASA having experience for over 20 years in building Parks, KASA’s Landscape Superintendent worked with the world’s largest landscape company Valley Crest for over 20 years before finally joining KASA’s winning Team. See below snip from the specs. Neither Zusser nor Nationwide have a C-27 landscaping license and are not qualified to perform the substantial landscaping responsibilities on this project. At the end of the day, this is a Park project before anything else, and no other bidder is as qualified or experienced than KASA Construction Inc. at building parks. KASA’s reputation speaks for itself. Based on the above, both Zusser and Nationwide shall be deemed non-responsive. 6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide) Per the specifications 02 82 10 / 1.06 Qualifications / B, the specs require that the Fencing Sub / Installer have 5 years of documented experience. Both Zusser and Nationwide listed Ever Fence who has only been in business since February 05, 2020. KASA received a bid from Ever Fence, however, in order to remain compliant with the requirements of the bid, although they were less expensive, KASA was not able to list them. KASA opted to use Gold Coast Fence Inc., who meets the experience and requirements and has been in business since 2010. Allowing Zusser or Nationwide to use Ever Fence would defeat the purpose of maintaining a fair playing field besides the fact that it would materially affect the bid. As a result of this, neither contractor shall be able to utilize Ever Fence and both bids should be considered non-responsive. See snip below from the specifications. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide) Upon reviewing the bid packages of both Zusser and Nationwide, it is without a doubt that both Zusser and Nationwide are unfit to be awarded this project. Both have very little to no experience with the intricacies required in order to build a park of this size. It appears both contractors listed only one Park project on their references. If that’s considered good, then KASA Construction is over 100x better as we have successfully completed over 100 park projects. Not only is KASA one of the most respected Park builders in Southern California, KASA Construction is also an expert when it comes to heavy civil and street improvement projects. We self-perform several trades in house and own and operate our own machinery for total control over the work. KASA currently has 2 street improvement projects and 4 park projects. Our ability to properly manage the work with Procore and spearhead weekly meetings, makes the Owner job a lot easier and more efficient. Besides on time performance and quality, KASA has also earned its reputation from exceptional value engineering to provide alternative approaches and materials which are oftentimes better and at a lower cost to the Owner. This only comes with Experience and Reputation. Owners know us, Suppliers know us, and Architects / Designers know us and this is when relationships really matter. Our influence and expertise with clients and vendors make all the difference for a successful project. KASA Construction Inc. is by far the most experienced, qualified, and the lowest responsible bidder for this project. Our attached Letters of Recommendations speak for themselves. 8. Non – Responsible Bidder (Zusser and Nationwide) Based on the above findings and the overwhelming supporting information attached, it is without a doubt that both bidders, Zusser and Nationwide, are non-responsive on multiple counts. The City reserves the right to reject proposals as non-responsive that do not demonstrate the Contractor’s technical abilities or familiarity with the scope of work. Please see snip blow from the specs KASA Construction respectfully requests that the City of Baldwin Park considers the above findings and make a fair and proper determination to deem the Bids by Zusser and Nationwide, NON- RESPONSIVE and Award the contract to KASA Construction Inc. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com If there is any additional information needed, please do not hesitate to call me on the number below. Respectfully, Hector Zavala Estimator KASA Construction, Inc. CC: Robert Niesley/ Watt Tieder Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com September 28, 2023 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Ln. Chino, CA 91710 Re: Letter of Recommendation PENTA Building Group – Secure Perimeter Fence Project To Whom It May Concern, On behalf of PENTA Building Group, I extend our sincere appreciation to the exceptional team at KASA Construction Inc. for their outstanding performance in successfully completing the Secure Perimeter Fence project. Your unwavering commitment to excellence and your remarkable ability to adapt to challenges have been truly impressive. The Secure Perimeter Fence project was not your typical fence installation; it represented a complex undertaking with specific project components and qualities that demanded the utmost dedication and expertise. Your team executed the project with exceptional professionalism and unwavering attention to detail, ensuring that every aspect of the project met the rigorous standards set by the Owner, San Manuel Band of Mission Indians. Initially a $7.3 million contract with a 12-month duration, this project expanded with the addition of $1.2 million in Extra Work. Furthermore, once under construction and at the Owner's request, the project schedule was accelerated by several months. Through your exceptional adaptability and commitment to excellence, KASA not only completed the project on time but also seamlessly incorporated the additional scope. Speaking to the scale and complexity of the project, it involved the construction of over a mile of custom fence to secure Tribal lands from public access and trespass. This fence spanned a diverse range of landscapes, including culturally and biologically sensitive areas, steep elevations, drainages, and retaining walls, covering both public and Tribal-owned properties. KASA demonstrated exceptional prowess in managing global material sourcing to procure the fence components from South Africa, a considerable distance away. This effort underscored your commitment to meeting project specifications and your willingness to go above and beyond to deliver quality results. Given the nature of the project, which required a construction presence along the entire Tribal perimeter, it was inherently sensitive, involving the security and well-being of residents. This demanded a high level of professionalism and discretion, qualities that your team exhibited commendably and that provided reassurance to our community. ________________________________________________________________________________________________________________________ Throughout the duration of the Secure Perimeter Fence Project, KASA demonstrated unwavering dedication to safety, quality, and timeliness. Any issues that arose were promptly and effectively addressed, ensuring a seamless project execution. Your team's coordination and collaboration with our PENTA team were exemplary, fostering a productive and respectful working relationship. In conclusion, it is with great pleasure that I wholeheartedly recommend KASA Construction Inc. to any organization seeking a proficient, determined contractor that upholds the highest possible standards and executes projects in a timely and organized fashion. Your company's proven track record of excellence and your unwavering commitment to delivering exceptional results truly set you apart in the construction industry. Once again, we extend our deepest appreciation for your outstanding work on the Secure Perimeter Fence Project. We eagerly anticipate the opportunity to collaborate with KASA on future projects and to continue building upon our successful partnership. Sincerely, Amr Elhelbawi – Project Manager PENTA Building Group Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121 Gabriel Reyes Mayor Daniel Ramos Mayor Pro Tem Joy Jeannette Council Member Angelo Meza Council Member Amanda Uptergrove Council Member Jessie Flores City Manager September 21, 2023 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA91710 Subject: KASA Construction, Inc. Work Performance Commendation KASA Construction, Inc. (KASA) has performed the construction of Marconi Park Improvement in the city of Adelanto, California. This was funded through State Grant from the Department of Park and Recreation. Project was successfully completed to the grant requirements and was accepted by the city and State Department of Park and Recreation. KASA has been a true partner throughout the process and the City greatly appreciates the efforts. KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. When issues ever arose, solutions bwere always implemented immediately. KASA incredible adaptability and coordination with the City, helped bring this project to a polished close and great success. City of Adelanto is looking forward to work with KASA in future and would highly recommend the company to other agencirs. Sincerely, Saba Engineer, P.E. City Engineer Landscape Architecture Planning Water Management Graphic Communications 462 Stevens Avenue, Suite 107, Solana Beach, CA 92075-2042 Tel: 619.294.8484 • Fax: 619.574.0626 • Web: www.vdla.us Principals: Mitch Phillippe, ASLA, CA LLA #3781 • Yale Hooper, CID, CLIA Associates: Ling Chan, ASLA, CA LLA #5435, LEED AP • Denise Armijo, ASLA Brett Allen, ASLA, CA LLA #6595, CID, CLIA, RWSS KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Project: Laguna Woods – Water Efficient Median Improvement Project Subject: Letter of Recommendation To Whom It May Concern, Van Dyke Landscape Architects would like to acknowledge KASA Construction Inc for their diligent performance in completing the City of Laguna Woods Water Efficient Median Improvement Project for which VDLA prepared construction documents. The scope of work consisted of the removal of landscaping and concrete, installation and modification of irrigation systems, and installation of landscaping within medians located on El Toro Road, and Moulton Parkway. KASA Construction executed this project with vigor and commitment, maintaining the highest level of professionalism, attention to detail and work ethic. The project field and management staff displayed excellent coordination with our firm and carried out our interests in a compliant and organized fashion. KASA Construction Inc went beyond the firm’s expectations in order to assure that the project was delivered with exceptional standards. Our firm could not be more pleased with the final project result. It has been a pleasure working with KASA Construction Inc and we would not hesitate to recommend their outstanding services. We look forward to working with KASA in the future. Sincerely, Brett Allen, Associate Van Dyke Landscape Architects ASLA SD Chapter President Landscape Architect CA #6595 ballen@vdla.us 980 Montecito Drive, Suite 302, Corona, CA 92879 Phone: (951) 817‐3500 May 4, 2023 KASA Construction, Inc. Attention: Sam Kasbar, Owner / VP 15148 Sierra Bonita Lane Chino, CA 91710 Projects: Highland Park, Shadow Rock Park, Discovery Park, Adventure Park Project Location: Jurupa Valley, CA Owner: Lennar Homes of California Letter of Recommendation Dear Mr. Kasbar, On behalf of Lennar Homes, I would like to thank you and your Team at KASA Construction for your continued partnership in yet another project successfully completed. This project consisted of simultaneously constructing 3 new Parks in the Shadow Rock community at a cost of nearly $7,000,000. The project included but was not limited to grading, earthwork, storm drains, 2 lighted baseball fields, basketball court, 2 large playgrounds with rubber and mulch, a dog park, pre- fabricated restroom building, parking lot walking trails, fencing, several other park furnishings with new irrigation systems and beautiful landscaping. Your Team worked closely with my staff, consultants, JARPD and the City of Jurupa Valley to assist in value-engineering to bring this project to fruition for this wonderful community. KASA’s staff was responsive, honest, and diligent in completing the project on time with quality workmanship. It was a pleasure working with you and your Team and I look forward to more projects in the future. I would not hesitate to recommend KASA Construction Inc. to any other Owner or Agency. Sincerely, Ryan Combe Director of Forward Planning Lennar Homes of California Public Works Department CITY OF NEWPORT BEACH 100 Civic Center Drive, Bay 2D Newport Beach, California 92660 949 644-3330 | 949 644-3308 FAX newportbeachca.gov October 27, 2020 KASA Construction, Inc. Attention: Sam Kasbar, Owner / VP 15148 Sierra Bonita Lane Chino, CA 91710 Project: West Coast Highway Median Landscaping – Phase 2 Subject: Letter of Recommendation Dear Mr. Kasbar, On behalf of the City of Newport Beach, I would like to thank you and your Team at KASA Construction for the exemplary efforts in completing the West Coast Highway Median Landscaping – Phase 2 Project. This project consisted of demolishing the existing stamped concrete in the center median, grading, installing new irrigation systems and landscaping in both the medians and parkways along Pacific Coast Highway, west of Newport Blvd. From inception, you worked closely with the City Staff with respect, professionalism, honesty, and diligence, which resulted in a successful project. KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. When issues ever arose, solutions were always implemented immediately. Even amid a viral pandemic, you, as the committed leader, took the extra steps in establishing safety precautions to secure and protect the welfare of your dedicated staff and the public. KASA’s incredible adaptability and coordination with the City, helped bring this project to a polished close. I’d like to extend my appreciation to you and your devoted team on a job well done. It has been a pleasure working with you and I would not hesitate to recommend KASA Construction Inc. to any Owner or Agency. Sincerely, Michael J. Sinacori Assistant City Engineer July 6, 2020 Kasa Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Re: Letter of Recommendation Kasa Construction Riverbend Community Park, Jurupa Valley, CA To Whom It May Concern: On behalf of the Lennar Homes, we would like to cordially thank KASA Construction Inc for their exemplary efforts in completing the Riverbend Community Park Project for the best interests of the Jurupa Area Recreation (JARPD) and Park District and Lennar Homes. This nearly $4.8 million, 12-acre park project consisted of, but not limited to, grading, underground wet and dry utilities, landscaping, irrigation, electrical, decomposed granite paths, pedestrian and horse trails, parking lots, masonry walls, fencing and pedestrian bridges. Additionally, the project site also included shade shelters, playground equipment, rubber surfacing, disc golf, decorative concrete, walkway and parking lot lights, basketball courts, a complete athletic field, and a prefabricated restroom building by The Public Restroom Company. From the start, KASA took on a very proactive approach, paying close attention to the specifics of construction and completing the required work efficiently and within the completion schedule. KASA’s adaptability and coordination with Lennar and JARPD contributed to bringing this project to a to a successful completion. Construction issues were quickly solved by KASA’s attentive team. We could not be more satisfied with the work completed by KASA. The experience and professionalism guided by Kasa’s founder, Sam Kasbar, was impressive. It has been a sincere pleasure working with Mr. Kasbar and his team and we would not hesitate to recommend their services to anyone seeking a proficient, determined contractor that upholds the highest possible standards and executes in a timely and organized fashion. Sincerely, Brian King Project Manager Lennar Homes – Inland Empire brian.king@lennar.com Office of the Public Works Director/City Engineer 335 West Rialto Avenue Rialto, California 92376 City of Rialto California April 16, 2019 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 SUBJECT: JOE SAMPSON PARK – CITY OF RIALTO PROJECT NO. 150303 To Whom It May Concern: On behalf of the City of Rialto, we would like to thank KASA Construction for their exemplary performance in completing the $5,323,556.56 construction of Joe Sampson Park. KASA completed this project with diligence, maintaining the highest level of professionalism and attention to detail. The project management team consistently kept the City's best interest in mind and cooperated transparently with the City to overcome any challenges which were faced during construction. KASA fulfilled their duties as a general contractor to the satisfaction of all parties. The Project was completed within the schedule set forth in the agreement with the City. We would be pleased to refer KASA Construction Inc. to any other organization seeking a diligent, professional general contractor eager to cooperate with their customer to ensure that the work is completed effectively and with the highest standards. Sincerely, Robert G. Eisenbeisz, P.E. Public Works Director/City Engineer cc: Project File March 25, 2019 Mr. Sam Kasbar, Vice President KASA CONSTRUCTION, INC. 15148 Sierra Bonita Lane Chino, CA 91710 RE: CONSTRUCTION OF JOE SAMPSON PARK CITY OF RIALTO, CALIFORNIA Dear Sam: I wanted to reach out and thank KASA Construction on the outstanding execution of the construction of Joe Sampson Park for the City of Rialto, a new 8 acre with a construction cost of $5,323,557. This project was completed well within the rigorous timeline set forth by the City of Rialto. KASA Construction has brought numerous park projects designed by our firm to life over the past several years. We are consistently pleased with the high level of craftsmanship and professionalism demonstrated by your company. Joe Sampson Park was no exception. Your team was diligent in all communication efforts, attention to detail, and in providing quick, cost effective solutions to unforeseen conditions as they arose. We would be pleased to provide recommendations and positive references about KASA Construction to public agencies and developers for upcoming park, landscape, and similar projects. Sincerely, COMMUNITY WORKS DESIGN GROUP Scott Rice ASLA, LEED AP, CASp Vice President Landscape Architect CA #5111 | NY #2645 Certified Access Specialist CASp-709 scott@cwdg.fun □14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 ujuju ) .cJunofiiMtf. KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 cy Project: Los Serranos Neighborhood Park Owner: City of Chino Hills Subject: Letter of Recommendation Dear Mr. Kasbar, On behalf of the City of Chino Hills, I would like to thank you and your team at KASA Construction Inc., for your noteworthy efforts in completing the Los Serranos Neighborhood Park. The project consisted of a nearly 4 million dollar budget, including a 6-acre park with landscape grading, drainage, irrigation, landscaping, site furnishings, sports courts, restrooms, picnic shelters, lighting, playground and fitness equipment, hardscape, and other amenities. In September of 2018, KASA commenced their work and through the duration of the project, KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. If issues ever arose, solutions were always implemented immediately. KASA’s incredible adaptability, diligence and close-out for the City’s final acceptance and completion, allowed for a successful Grand Opening of the park on November 16, 2019. I have attached our Grand Opening flyer. KASA’s admirable coordination with City Staff, while upholding the utmost respect, professionalism, integrity and diligence, resulted in a favorable project acceptance. In addition, I would like to also thank KASA’s generous contributions of tools, material, and a tool shed which was donated to the adjacent Chaparral Elementary School for their after-school garden club. I’d like to extend my sincere appreciation to you and your devoted team on a job well done and congratulate you on an outstanding project. It was an honor to introduce the 44th park to the City of Chino Hills. I would not hesitate to recommend KASA Construction Inc., to any other owner or agency. Sincerely, Cynthia Moran Council Member Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers ( TEr_: 951 .413.3280 F,tx: 951.413.3719 W\,\ryV.MOVAL.ORC IvtORENO VALLEY WHERE DREAMS SOAR I4075 FREDERICK STREET P.O. Box 88005 MoRENo VALLEY. CA 92552-0805 July 24,2018 Subject Letter of Recom mendation John F. Kennedy Veterans Memorial Park Restroom lmprovements Project Project No. PCS HSG GR - JFK RENO To whom it may concern: It has been a pleasant experience working with Sam Kasbar and his staff with KASA Construction on the JFK Park project. This project included a prefabricated restroom, plumbing, electrical, sewer, picnic shelter, irrigation, turf installation, shrub installation, colored concrete walkways, and site amenities. The final project turned out absolutely beautiful. KASA was proactive throughout the project, notifying me of problem areas of plan elevations to material delays. KASA took these issues in stride and worked on other projects while waiting for plan revisions and materials. KASA kept a clean and safe work site. What was really commendable was that KASA still made the project schedule. lt would be a pleasure to work with Sam and KASA Construction again. Sincerely, Tony Hetherman Parks Projects Coordinator TH Enclosure. Letter of Recommendation c: Project File V:\Development & SpecsUFK restroom\KASA\Recommendation.docx PARKS AN D CO IrZtrTZtU N ITY S I NVI C T S D E PARTM E NT CITY OF SOUTH PASADENA COMMUNITY SERVICES DEPARTMENT 1102 OXLEY STREET, SOUTH PASADENA, CA 91030 TEL: 626.403.7360 • FAX: 626.403.7361 WWW.CI.SOUTH-PASADENA.CA.US October 25, 2016 To Whom It May Concern: KASA Construction was awarded a contract for the construction of the dog park project in the City of South Pasadena, which was completed in Fall 2016. Their dedication to the project was a major factor in the project being completed in a successful and timely manner. Through this process, their staff was cooperative, flexible, and diligently worked with city staff. The project was constructed in a professional and workmanlike manner. Documentation and communication were timely and professional, and they were receptive to our requests. KASA Construction is highly recommended, as their staff would be an excellent asset to any city or agency. Feel free to contact me at Spautsch@southpasadenaca.gov or (626) 403-7362 if you need additional information. leila Pautsch Sincerely. "Sheila Pautsch Community Services Director Exhibit B Romany Basilyous, Engineering Manager December 12, 2023 Larisa Sass ZUSSER COMPANY INC larasass@gmail.com Hector Zavala, Estimator KASA CONSTRUCTION, INC. hectorz@kasaconstruction.com Luicci Nader NATIONWIDE CONTRACTING SERVICES INC luicci@nationwidecontractors.net RE: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project (“Project”) Introduction The City of Baldwin Park (“City”) is in receipt of a bid protest dated November 20, 2023 (“Protest”, a copy of which is enclosed) submitted by KASA Construction, Inc. (“KASA”) regarding the award of bids for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). As we understand the protest, KASA makes numerous allegations against the bids of two bidders who submitted lower bids, Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide”) (Nationwide and Zusser are collectively referred to herein as the “Lower Bidders”): 1. That Zusser listed more than one subcontractor for the same scope of work. 2. That Zusser violated prevailing wage laws. 3. That Nationwide listed a subcontractor that does not in fact have the contractually required experience. 4. That Nationwide improperly had its bid form signed by a person listing the title Vice-President rather than having such form signed by a person a person listing the title President and Secretary. 5. That Lower Bidders listed an unlicensed subcontractor. 6. That Lower Bidders listed a subcontractor that does not in fact have the contractually required experience. 7. That Lower Bidders lack the necessary ability, qualifications and experience. 8. That Lower Bidders are not qualified. The City hereby rejects the Protest. As set forth herein, however, the City further directs Zusser to show cause why its bid should not be rejected as NON-RESPONSIBLE on the basis of the conduct described in the Decision of the Director of the California Department of Industrial Relations in Case No. 19-0134-PWH, and in addition on the basis of the fact that the results of it reference investigation did not give City staff confidence that Zusser “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103). A statement setting forth such cause must be filed with the City on or before December 22, 2023. Absent Zusser setting forth good cause, City Staff intends to recommend that the contract be awarded to Nationwide because its bid is responsive and the next-lowest. Discussion As observed in Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal. App. 2d 377, 383 (“Judson”): It must be remembered that competitive bidding statutes, and those requiring licenses for bidding on public work, are for the benefit of the public and not for the benefit of bidders or licensees. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact, cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy. The City of Baldwin Park (“City”) regrets that it has received a bid protest from KASA, the third lowest bidder for this Project, attempting to leap-frog two (2) lower bidders, Nationwide and the Zusser, by alleging their bids were NON-RESPONSIVE in the hope of being awarded the contract for the Project at greater expense. The City further regrets that Zusser nonetheless appears to be a NON-RESPONSIBLE bidder, not a non- responsive bidder, not only for some of the reasons alluded to in the Protest relating to Zusser’s record before the Department of Industrial Relations, but also because the results of it reference investigation did not give City staff confident that Zusser “has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Public Contract Code section 1103). The City is satisfied that Nationwide’s bid is responsive because the bid promises to do what the contract requires. (Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331.) That KASA alleges that Nationwide will not in fact honor those contractual commitments does not render the bid non-responsive, but rather raises an issue as to responsibility, and as to that based on conclusory statements. That KASA alleges that Nationwide’s bid is non-binding because it the signature is accompanied by a title Vice-President rather than President and Secretary is preposterous, particularly considering that it is possible for a person to hold all such titles at the same time and Nationwide has furnished to the City attesting that that is in fact the case. As explained in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (internal citations and quotation marks omitted): A public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exer-cise of discretion guided by consideration of the public welfare. [T]he mere fact that a pro-ceeding before a deliberative body may possess certain characteristics of the judicial process does not convert legislative action into an adjudication of a private controversy. Thus, both the award of the contracts and the decision to reject the protest should be considered legislative actions. Review of a local entity's legislative determination is through ordinary mandamus un-der section 1085. Such review is limited to an inquiry into whether the action was arbitrary, capricious or entirely lacking in evidentiary support. It is regrettable enough that the City is in the position of anticipating rejecting a low bid because of apparent substantial, repeated, bad-faith violations of prevailing wage law as well as negative references. But to expect, as KASA invites, the City to reject the next-lowest-bid as well, based on an allegation of the wrong title being printed on a page as well as allegations that the contractor does not intend to honor its contractual obligations it is representing it will honor, strains credulity, and the City proceeding in such manner would practically guarantee that the second-low-bidder would itself initiate ligation if the City proceeded as invited, which is to say to delay this major park improvement work substantially. As explained in 10 McQuillin, Municipal Corporations (3d ed.) § 29.29 (underline and italics added), competitive bidding laws are enacted “for the purpose of inviting competition, to guard against favoritism, improvidence, extravagance, fraud and corruption, and to secure the best work or supplies at the lowest price practicable and they are enacted for the benefit of property holders and taxpayers and not for the benefit or enrichment of bidders, and should be so construed and administered as to accomplish such purpose fairly and reasonably with sole reference to the public interest.” Nationwide would presumably cry favoritism, improvidence, extravagance, fraud and corruption itself were the City to proceed to contract with KASA at a higher price, and while Zusser may not be in a position to level such arguments given its particularly unique and extensive apparent prevailing wage violations as well as its substandard references, for KASA to apply the same disqualification to Nationwide applied to Zusser so as to award KASA the contract as invited at greater expense, is simply unreasonable under these facts and reflects a mistaken and wrong construction of public bidding laws as intended for a bidder’s personal benefit rather than the public’s. The reality is, if KASA wished to be awarded this contract, it should have, at a minimum, submitted a lower bid. It is the City’s expectation that if KASA wishes to bring litigation in connection with this matter that it will initiate such action immediately after the contract for the Project is awarded by the City Council so that the City will not be further materially prejudiced by the proceedings being initiated during the prosecution of the Project. Obviously, if KASA were to prosecute such action either prematurely or in an otherwise unnecessarily prejudicial manner the City would consider all of its potential rights, remedies, and defenses. Conclusion The Protest is denied. All irregularities alleged are waived. City staff intends to recommend that City Council take action consistent with the foregoing and award the contract to Nationwide in the absence of Zusser setting forth good cause with respect to the matters pertaining to non-responsibility set forth above. Respectfully, Sam Gutierrez CC: Grant R. Orbach, Best Best & Krieger LLP Encl.: KASA Bid Protest City of Baldwin Park • Public Works • Engineering Division 14403 E. Pacific Ave. • Ph.: (626) 960-4011, Ext. 459 •Email: rbasilyous@baldwinpark.com Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com November 20, 2023 City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706 Project: Barnes Park Multi Benefit Stormwater Capture Project Subject: BID PROTEST Bid Date: November 14, 2023, at 2:00 PM This letter shall be construed as a Formal Bid Protest against the apparent low bidder, Zusser Company, and the second apparent low bidder, Nationwide Contracting Services, for the following reasons as explained below. 1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser ) 2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser ) 3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide ) 4. Failure to properly execute signatures on Bid Proposal as instructed. ( Nationwide ) 5. Failure to list a Licensed Landscape and Irrigation Subcontractor ( Zusser and Nationwide ) 6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide) 7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide) 8. Non – Responsible Bidder (Zusser and Nationwide) 1. Failure to list only one subcontractor for the same Electrical Scope ( Zusser ) Zusser listed BOTH Creo Electric and Electro Construction as C-10 Electrical subcontractors in their bid. According to California Public Contract Code Sections 4100 through 4113, only one subcontractor may be listed for the same portion of work. If more than one subcontractor is listed, the prime Contractor “shall be qualified to perform that portion itself, and shall perform that portion itself.” Zusser is not licensed with a C-10 nor qualified to perform the electrical scope and therefore cannot perform the electrical on this project. See snip from the Greenbook. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Page A-5 in the specifications clearly state that the prime Contractor is required to perform all aspects of a particular scope if it lists more than one subcontractor for the same portion of work. See below snip from specs: Besides an electrical contractor being required to hold a C-10 license, all employee electricians performing work under the C-10 contractor must also be State Certified in order to work on a prevailing wage project. Therefore, it is impractical to assume that Zusser would: 1) Have the ability and experience to perform in the caliber of a C-10 contractor, and 2) Employ qualified State Certified electricians to successfully complete the project. As a matter of fact, it would be impossible since the state certified workers can only work under a licensed C-10 contractor. Based on the above, Zusser should be deemed non-responive. 2. Failure to comply with DIR Prevailing Wage Requirements ( Zusser ) Zusser’s history of performing public works projects is also problematic. According to the public record, the California Department of Industrial Relations published Case No. 19-0134-PWH against Zusser on 08/18/2022 regarding the Civil Wage and Penalty Assessment issued with respect to the work Zusser performed on the LADWP Lagoon Refurbishment (which was listed as a project reference). According to the DIR, Zusser was assessed $653,177.48 in penalties for a variety of failures including but not limited to the following violations: A) Apprenticeship violations B) Prevailing wage violations, including regular and overtime rates C) Misclassifying workers on the project D) Training fund contribution violations E) Liquidated damages associated with the incorrect wages The snip of the DIR’s Civil Wage and Penalty Assessment is attached and calls into question Zusser’s technical abilities and trustworthiness to successfully perform a project of this size in compliance with all applicable federal, state, or local laws. Based on the above, Zusser should be deemed non-responive. 3. Failure to list Playground Equipment Installer / Subcontractor with min. 5 years of experience. (Nationwide) Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Per the Specifications section 11 68 13 – Playground equipment, the subcontractor for the installation of the play equipment must have a minimum of 5 years of experience and have completed a minimum of 5 similar projects. Please see snip from specs below. Based on KASA’s experience in building Parks, KASA knows all the certified installer subs including everyone that submitted a quote for installation. Every quote received exceeded half of 1% of the total bid and were required to be listed. Unless Nationwide can prove that they have 5 years of experience self performing playgrounds and certified by the manufacturer, their bid must be deemed non – responsive. 4. Failure to properly execute signatures on Bid Proposal as instructed. (Nationwide) Nationwide failed to follow the City’s instructions regarding Contractor signatures. Page A-5 in the Specifications states that bids submitted by corporations must be signed by the President and Secretary or Assistant Secretary, or they may be signed by other authorized persons as evidenced by a corporate resolution. In this case Nationwide failed to include a Corporate Resolution and / or failed to sign on behalf of Both Officers. This requirement was reiterated in the City’s answer to Question #3 in Addendum #5: “A signature by the President and Secretary are required. Other person(s) may sign on behalf of corporation as specified in Section 5. Signature of Contractor.” Nationwide failed to comply with the bid specs and addendum by signing only its Vice President and, therefore, their bid should be rejected as non-responsive. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com See below snip of signature. 5. Failure to list a LICENSED Landscape and Irrigation Subcontractor in “good standing” ( Zusser and Nationwide ) Page A-4 in the Information to Bidders section of the Specifications states that “to be eligible to perform work, the bidder must be a Licensed California State Contractor in good standing.” This requirement also extends to all subcontractors listed by the Contractor in their bid. Jon Gilmer Construction, CSLB # 582487, has a SUSPENDED CSLB license yet was still the listed subcontractor for Landscape and Irrigation by both Zusser and Nationwide. Please see the attached exhibits which prove the license was suspended both before and after the bid. Zusser listed Jon Gilmer with a subcontract dollar value of $914,000 which equates to approximately 4.7% of their bid and Nationwide listed Jon Gilmer with a subcontract dollar value of $914,133 which equates to approximately 5.4% of their bid. As stated in Section 4.3 of the Contract, “The experience, knowledge, capability and reputation of Contractor, its principles and employees were a substantial inducement for the City to enter into this Agreement.” ……. “It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principles were a substantial inducement for the City to enter into this Agreement.” If either contractor attempts to self-perform the work of such caliber, they would be in direct violation of the contract. The City and its residents deserve quality work performed by an experienced Park builder like KASA Construction Inc. and this error should not be considered by the City as a minor irregularity. The Technical Ability and Experience would be something both contractors would have to prove as it pertains to the self-performing Landscape and Irrigation for a Park project. Please make reference to the snip from the Bid Documents “Technical Ability and Experience” required below. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Lastly, per the specifications, Section 32-93-95 / 1.03 Quality Assurance, the Landscape Contractor should have experience in horticultural and landscape maintenance. Besides KASA having experience for over 20 years in building Parks, KASA’s Landscape Superintendent worked with the world’s largest landscape company Valley Crest for over 20 years before finally joining KASA’s winning Team. See below snip from the specs. Neither Zusser nor Nationwide have a C-27 landscaping license and are not qualified to perform the substantial landscaping responsibilities on this project. At the end of the day, this is a Park project before anything else, and no other bidder is as qualified or experienced than KASA Construction Inc. at building parks. KASA’s reputation speaks for itself. Based on the above, both Zusser and Nationwide shall be deemed non-responsive. 6. Failure to list a Fence Subcontractor with min. 5 years of experience. (Zusser and Nationwide) Per the specifications 02 82 10 / 1.06 Qualifications / B, the specs require that the Fencing Sub / Installer have 5 years of documented experience. Both Zusser and Nationwide listed Ever Fence who has only been in business since February 05, 2020. KASA received a bid from Ever Fence, however, in order to remain compliant with the requirements of the bid, although they were less expensive, KASA was not able to list them. KASA opted to use Gold Coast Fence Inc., who meets the experience and requirements and has been in business since 2010. Allowing Zusser or Nationwide to use Ever Fence would defeat the purpose of maintaining a fair playing field besides the fact that it would materially affect the bid. As a result of this, neither contractor shall be able to utilize Ever Fence and both bids should be considered non-responsive. See snip below from the specifications. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 7. Failure to have the Technical ability, qualifications and experience in constructing similar park projects (Zusser and Nationwide) Upon reviewing the bid packages of both Zusser and Nationwide, it is without a doubt that both Zusser and Nationwide are unfit to be awarded this project. Both have very little to no experience with the intricacies required in order to build a park of this size. It appears both contractors listed only one Park project on their references. If that’s considered good, then KASA Construction is over 100x better as we have successfully completed over 100 park projects. Not only is KASA one of the most respected Park builders in Southern California, KASA Construction is also an expert when it comes to heavy civil and street improvement projects. We self-perform several trades in house and own and operate our own machinery for total control over the work. KASA currently has 2 street improvement projects and 4 park projects. Our ability to properly manage the work with Procore and spearhead weekly meetings, makes the Owner job a lot easier and more efficient. Besides on time performance and quality, KASA has also earned its reputation from exceptional value engineering to provide alternative approaches and materials which are oftentimes better and at a lower cost to the Owner. This only comes with Experience and Reputation. Owners know us, Suppliers know us, and Architects / Designers know us and this is when relationships really matter. Our influence and expertise with clients and vendors make all the difference for a successful project. KASA Construction Inc. is by far the most experienced, qualified, and the lowest responsible bidder for this project. Our attached Letters of Recommendations speak for themselves. 8. Non – Responsible Bidder (Zusser and Nationwide) Based on the above findings and the overwhelming supporting information attached, it is without a doubt that both bidders, Zusser and Nationwide, are non-responsive on multiple counts. The City reserves the right to reject proposals as non-responsive that do not demonstrate the Contractor’s technical abilities or familiarity with the scope of work. Please see snip blow from the specs KASA Construction respectfully requests that the City of Baldwin Park considers the above findings and make a fair and proper determination to deem the Bids by Zusser and Nationwide, NON- RESPONSIVE and Award the contract to KASA Construction Inc. Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com If there is any additional information needed, please do not hesitate to call me on the number below. Respectfully, Hector Zavala Estimator KASA Construction, Inc. CC: Robert Niesley/ Watt Tieder Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Exhibit C Marion T. Hack D 213.928.9885 marion.hack@troutman.com 166156525v1 Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com December 14, 2023 VIA E-MAIL Sam Gutierrez City of Baldwin Park Public Works, Engineering Division 14403 E. Pacific Ave. Baldwin Park, CA 91706 Grant R. Orbach Best Best & Krieger LLP 500 Capitol Mall Suite 1799 Sacramento, CA 95814 Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project Dear Mr. Gutierrez and Mr. Orbach: This firm represents the interests of Zusser Company, Inc. (“Zusser”). We are in receipt of your letter dated December 12, 2023, requesting a response to the City of Baldwin Park’s (“City”) Order to Show Cause regarding Zusser’s responsibility as a bidder for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). The notice is invalid as it does not follow clear California law regarding non-responsible determinations. While Zusser intends to provide a formal response, we note that, as an initial matter, the City is required to (1) notify Zusser of any evidence reflecting upon its responsibility received from others or adduced as a result of independent investigation, (2) afford Zusser an opportunity to rebut such adverse evidence, and (3) permit Zusser to present evidence that it is qualified to perform the contract. (See City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871; Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) Furthermore, due process compels a hearing take place prior to a rejection of the low monetary bidder as a non-responsible bidder. (City of Inglewood, supra, 7 Cal.3d at 871.) No hearing has been set and the evidence for which the City is basing its decision has not been provided. Sam Gutierrez Grant R. Orbach December 14, 2023 Page 2 166156525v1 The City asserts it is relying on “the results of its reference investigation” but has not provided Zusser with any evidence of such investigation. Accordingly, Zusser demands that the City (1) provide it with all evidence upon which the City is relying, (2) allow Zusser an opportunity to respond to that evidence, and (3) permit Zusser to present evidence at a hearing in order to demonstrate it is qualified to perform the contract for the Project. Furthermore, the City also asserts that it anticipates rejecting Zusser’s low bid because of “apparent, substantial, repeated, bad-faith violations of prevailing wage law.” Yet, the City only refers to a single Decision of the Director of the California Department of Industrial Relations in case No. 19-0134-PWH. This decision did not include any finding of bad faith and instead involved a worker classification issue. Moreover, this decision is currently being appealed in the Los Angeles Superior Court, thus this current decision has yet to be finalized. In any event, this decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) Indeed, the basis of the decision was whether the lagoon was within or outside of the treatment plant and therefore whether certain workers should be classified as storm drain pipelayers versus pipefitters. This has no bearing whatsoever on Zusser’s ability to perform the contract and certainly does not evidence a bad faith violation of prevailing wage law. In fact, in the almost ten years since the project at issue in the DIR’s decision, Zusser has been deemed a responsible contractor on several dozen of public works projects in California and competently performed its work regarding the same, which calls into question the motivation for the City’s determination. Zusser is a public works, prevailing wage contractor employing both union and nonunion employees on its projects. Zusser has performed work for Los Angeles County (including the Sanitation District of Los Angeles), Orange County, Imperial County, State of California Parks, multiple municipalities, cities and water districts. Zusser has also paid millions of dollars in prevailing wages including tens of thousands of man hours, and apprentice training from initial to journeyman. Zusser has also participated and continues to successfully participate in several local hiring and disadvantaged programs designed for workers in Los Angeles County. The City notes, in its letter, that competitive bidding laws are enacted to guard against favoritism. Indeed, the statute requiring a public entity to award a contract to the lowest responsible bidder is aimed at “guarding against Tammany-style favoritism and corruption.” (Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1449.) “To hold otherwise as a broad principle would open the door to possible favoritism, fraud or corruption in the letting of other public construction contracts.” (Ibid.) Yet, the City’s position as to Zusser’s alleged non-responsibility smacks of favoritism. Indeed, the City has already stated it anticipated rejecting Zusser’s bid based on unknown and unsubstantiated “negative references,” and a single decision of the DIR, currently on appeal, on a 10-year-old project which has no bearing whatsoever on Zusser’s ability to perform the Project, nor includes any bad faith violation of prevailing wage law. As you know, responsibility means the fitness, quality, and capacity of the bidder to satisfactorily perform the proposed work. (Taylor Bus Sam Gutierrez Grant R. Orbach December 14, 2023 Page 3 166156525v1 Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341–1343.) Here, the City has not demonstrated any evidence which would call into question Zusser’s fitness, quality and capacity of the bidder to satisfactorily perform the Project. Considering the utter lack of evidence that the City has for rejecting Zusser’ bid, we ask that the non-responsibility be withdrawn immediately. If the City does not withdraw this determination, the City must immediately (1) provide all “negative reference” evidence upon which the City is relying for its determination, (2) allow Zusser an opportunity to respond to that evidence at a hearing, and (3) permit Zusser to present evidence at a hearing in order to demonstrate it is qualified to perform the contract for the Project. Considering the real question here of partiality of the City in this matter, the hearing officer needs to be clearly impartial to the proceedings and have no stake in the outcome. Anything less, would be violation of the due process rights of Zusser. Best regards, Marion T. Hack MTH cc: Misha Fyodorov Exhibit D Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com December 20, 2023 VIA E-MAIL [MARION.HACK@TROUTMAN.COM] Marion T. Hack Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project Dear Ms. Hack: Our office represents the City of Baldwin Park (“City”). Please direct all further communications regarding this matter to the undersigned. The City is in receipt of your correspondence on behalf of your client Zusser Company, Inc. (“Zusser”) dated December 14, 2023 regarding the above referenced matter. Said correspondence takes no issue with the position actually communicated by the City in its correspondence dated December 12, 2023, but instead takes issue with positions not taken by the City in said correspondence. The City declines the invitation to defend actions it has not taken and positions it has not communicated. By way of background, the City received a bid protest from KASA Construction seeking the rejection of Zusser’s bid and another bidder’s bid on the grounds of non-responsiveness. The City correctly treated such protest as a protest grounded on an allegation of non-responsibility, and accordingly offered Zusser notice of matters for which the City was contemplating a non- responsibility finding so that your client had notice and an opportunity to respond. Instead of thanking the City for reco gnizing the mischaracterization in KASA Construction’s protest and affording your client an opportunity to respond to the concerns that have arisen that does not exist in a bona fide non-responsiveness challenge as KASA Construction postured its protest, Zusser apparently sees fit to accuse City staff of “favoritism”, specifically citing as legal authority a case observing that competitive bidding laws are designed to avoid “Tammany-style favoritism and corruption[]”, (Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1449), which is to put it mildly a serious accusation for which Zusser has offered no factual support and which is not appropriately directed. Section 1103 of the Public Contract Code provides in full (emphasis added): ““Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law.” Marion T. Hack December 20, 2023 Page 2 Best Best & Krieger LLP The City observes that it questions whether Zusser has demonstrated such responsibility through the references it provided with its bid. Zusser is invited to demonstrate in its statement of cause why its performance on the following projects demonstrates the attributes described in section 1103 of the Public Contract Code: West Hollywood — Pan Pacific Retention Basin Diversion Gate & Control House Upgrade Point Dume Staircase Replacement John Anson Ford Park Infiltration Cistern LADWP Lagoon Refurbishment Robert B. Diemer Water Treatment Plant Fire & Portable Water Pump Station. Not every reference listed above was contacted, and some of the references contacted above did not respond or did not respond in a manner which suggested a willingness to speak with full candor without fear of retaliation from Zusser. Zusser would be well advised to exercise full candor in its statement of cause as to any disputes that arose during these projects and how they were resolved, enclosing copies of the relevant correspondence relating thereto . As to Zusser’s characterization Decision of the Directo r of the California Department of Industrial Relations in case No. 19-0134-PWH, the City looks forward to Zusser’s formal response. Finally, as to the general thrust of Zusser’s argument that “[t]he notice is invalid as it does not follow clear California law regarding non-responsible determinations”, Zusser’s argument fails because the City has not rejected Zusser’s bid on the grounds of non-responsibility. Zusser will be afforded such a hearing before any such action is taken. As was stated unambiguously in the City’s letter, “City staff intends to recommend that City Council take action consistent with the foregoing and award the contract to Nationwide in the absence of Zusser setting forth good cause with respect to the matters pertaining to non-responsibility set forth above.” (emphasis added). Obviously, such a hearing would take place at or before City Council action on the award of the contract. Contrary to KASA Construction’s invitation, Zusser has been offered notice and an opportunity to be heard. The City would encourage Zusser to avail itself of this opportunity and set forth a factual basis to support why it is a responsible bidder, with full candor. If Zusser has any concerns as to whether the City is engaged in “Tammany-style favoritism and corruption[]”, those concerns are probably more appropriately directed to another authority. For now, the City intends to limit its inquiry to whether Zusser has demonstrated the attributes required under section 1103 of the Public Contract Code. Please notify the undersigned promptly as to whether Zusser and its bid bond surety will commit to hold their bid good through February 13, 2024. Absent such extension being agreed to by the three (3) lowest bidders, the City will likely need to set a special meeting for early Marion T. Hack December 20, 2023 Page 3 Best Best & Krieger LLP January to dispose of the protest and any due process hearing in connection with Zusser’s responsibility if Zusser’s statement of good cause is not sufficient to resolve staff’s concern s. Sincerely, Grant R. Orbach for BEST BEST & KRIEGER LLP GRO:ab Exhibit E r A--- * -Tm-T-dlqw-rrrEDER 2040 Main Street, Suite 300 lrvine, California 92614 Telephone: 949-852-6700 Facsimile: 949-261 -07 7 1 www.watttieder.comWATI TIEDER, HOFFAR & FITZGERALD, L.L.P December 21,2023 VIA EMAIL AND FEDEX OVERNIGHT DELIVERY Sam Gutierrez s gutien ez@b al dwinp ark. co m Romany Basilyous rbasilyous@baldwinpark. com City of Baldwin Park Public Works Engineering Division 14403 E. Pacific Ave City of Baldwin Park, CA91706 Grant R. Orbach Best, Best & Krieger LLP 500 capitol Mall suite 1700 Sacramento, CA 95814 grant. o rb ach @,bbkl aw. c o m City's Response to KASA Construction's Bid Protest on Barnes Park Multi Benefit Stormwater Capture Proj ect ("Proj ect") Dear Sirs This firm represents KASA Construction, Inc. ("KASA") regarding the Barnes Park Multi Benefit Stormwater Capture Project ("Project"). This letter shall constitute KASA's effort to meet and confer with respect to the City of Baldwin Park's ("City's") December 12,2023 response to KASA's bid protest. On November 14,2023, Zusser Company, Inc. ("Zusser"), Nationwide Contracting Services, Inc. ("Nationwide") and KASA Construction ("KASA") submitted their bids to the City, and were revealed to be the 1st, 2nd and 3rd lowest bidders for the Project. On November 20,2023, KASA submitted a bid protest against both Zusser and Nationwide as the first and second apparent low bidders. On December 12,2023, the City rejected KASA's protest, but directed Zusser to show cause as to why its bid should not be rejected as non-responsible. While KASA agrees that Zusser is a non-responsible bidder, the City failed to give adequate consideration for the non-responsiveness of both Zusser and Nationwide's bids. Of KASA's six (6) reasons why Nationwide's bid should be rejected, the City's rejection arbitrarily only addressed one (1) - the executed signature. Mr. Gutierrez writes: "The City is satisfied that Nationwide's bid is responsive because the bid promises to do what the contract requires (Taylor Bus Service, Inc. v. San Diego Bd of Education (1987) 195 Cal.App.3d 133 1 .) That KASA alleges that Nationwide will Re Sam Gutierrez Romany Basilyous Grant R. Orbach December 21,2023 Page2 not in fact honor those contractual commitments does not render the bid non- responsive, but rather raises an issue as to responsibility, and as to that based on conclusory statements." As set forth below, the City's analysis is incorrect. Only KASA's bid promised to do what the contract requires both as set forth by California law (requiring all contractors to be licensed and to have the proper specialty licenses) and as set forth by the Project specifications (requiring minimum years of experience). The City cannot accept Nationwide's bid, which is based on both an unlicensed landscape subcontractor and a fencing subcontractor who cannot meet the defined Specifications for the Project. Nationwide had a clear, unfair advantage in listing these subcontractors. Such an advantage is material, and cannot be waived by the City. Moreover, Nationwide does not have the requiredc-2T license to perform its unlicensed landscape subcontractor's work. Without either Nationwide or its subcontractor having the proper license to perform this work, Nationwide must be considered a non-responsible bidder. Finally, Nationwide has been sued by the Construction Laborers Trust funds for Southem California Administrative Company in a pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-0052l, for monetary damages due to employee benefit plans arising from project labor, collective bargaining and trust agreements. The complaint alleges Nationwide failed to make monthly contributions for its employees. These allegations go to the "trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract." Pub. Cont. Code $ 1103. The City should also consider whether Nationwide is a non-responsible bidder in light of these allegations. MPLY WITH THE BID DOCUMENTS ITS LIST OF S NTRACTORS A.Nationwide's Designated Landscape Subcontractor is Unlicensed in California and Nationwide Does Not Hold the Requisite C-27 License or Experience to Self-Perform this Work Per the Bid requirements, the bidders were required to certify that their bids were based on designated subcontractors who would "be used for the work for which they bid in accordance with the applicable provisions of the Specifications for the Project." See Designation of Sub- Contractors. The Subletting and Subcontracting Fair Practices Act also requires all prime contractors submitting bids on public construction projects in California to provide the subcontractor's CSLB license numbers on their subcontractor designation forms. Nationwide (and Zusser) listed Jon Gilmer Construction (CSLB #582487) as the landscape and irrigation subcontractor. Jon Gilmer Construction had and has a suspended license per the CSLB. Bidders were required to list subcontractors they intended to use. By listing this unlicensed subcontractor, Nationwide's bid was non-responsive. The City rejected KASA's protest "based on conclusory statements." There is nothing conclusory about this subcontractor's non-licensure. A review of its standing on the CSLB website shows its status as unlicensed. I. Sam Gutierrez Romany Basilyous Grant R. Orbach December 21,2023 Page 3 This material defect in Nationwide's bid is not easily waived. Nationwide does not hold the requisite C-27 landscape license to self-perform this work. The Project specifications required that the Contractor "shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid." Neither Nationwide nor its listed subcontractor have the proper licensing for the Project. Nationwide also lacks the technical ability and experience to be a responsible bidder for this scope. The landscaping is a large portion of this park project for which experience is vital. Whereas KASA is a well-known park contractor, Nationwide lacks the resume to show they have sufficient landscaping experience. Nationwide cannot back up that deficiency by listing an unlicensed landscaper. The bid documents made it clear that experience was an important factor to the City, and the City should require that experience on this Project. B.Nationwide's Designated Fencing Subcontractor Did Not Meet the Specifications The Specifications set forth in the Bid required that the company installing chain link fencing have a minimum of five (5) years documented experience. As set forth in KASA's bid protest, Nationwide (and Zusser's) listed subcontractor, EverFence, does not meet this requirement. KASA attested that this subcontractor was less expensive than its listed fencing subcontractor, but KASA did not use Ever Fence's bid because of the specifications. KASA followed the rules and is now being punished for following them. The City should not arbitrarily ignore Nationwide's disregard for the bidding requirements. Respectfully, the City's December 12,2023 rejection letter failed to address either of these clear, material violations in Nationwide's bid. II.NATIONWIDE'S BID DID NOT CO MPI,Y WITH CAI,IF'ORNIA LAW A. The Bid Was Non-Responsive Literal compliance with the bid request is a consideration in determining non-responsiveness. Great W. Contractors. Inc.v. Trvine IInified Sch. Dist.- 187 Cal. App. 4th 1425,1456 (2010), as modified (Sept. 30, 2010), opinion supplemented on denial of reh'g. No. G041688, 2010 WL 3789323 (Cal. Ct. App. Sept. 30, 2010)(citing D.H. Williams Construstion Co. v. Clovis Unified School Dist. ,146 Cal. App. 4th 757 ,69-770 (2007). Nationwide's bid was not responsive because it designated an unlicensed landscape subcontractor at the time of bid opening, and the bid listed a fencing subcontractor who does not have the specified minimum five (5) years' experience required to perform the work. While minor deviations are not sufficient grounds to reject a bid, these are not minor. Nationwide included bids from subcontractors whose work would either be illegal or in violation of the contract. The City should not ignore these deviations and Nationwide's bid must be rejected. Sam Gutierrez Romany Basilyous Grant R. Orbach December 21,2023 Page 4 B. The Bid's Defects are Material and Cannot Be Waived While the City has the discretion to waive minor details of the bid specifications, "[t]he point of discretion is that the agency may properly act in either discretion. It may waive or refuse to waive such deviations." MCM v. City & County of San Francisco, 66 Cal. App. 4th 359, 373 (1998). That discretion also extends only to the extent "such a waiver will not make the bidding process unfair i.e., if the deviation from the specifications is inconsequential." Menefee v. County of Fresno, 163 CaL App.3d 1175, Il80 (1985) (citing 47 Ops.Cal.Atty.Gen. 129 (1966)(allowing missing signature on bid). Whether a defect is inconsequential is clearly set forth in the case law: "the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders" Valley Crest Landscape v. Davis,4l Cal. App. 4th 1432 (1996) (citing Konica Business Machines U.S.A.. Inc. v. Regents of University of California,206 Cal. App. 3d 449, 454 (1988))(emphasis in the original). Here, the defects are not inconsequential because they affected the amount of the bid. KASA received the same pricing as Zusser and Nationwide from EverFence but intentionally declined to list them because of EverFence's lack of experience under the Specifications. Similarly, use of an unlicensed contractor's price in the bid submission is undoubtedly a benefit not allowed other bidders. C. Nationwide Gained an Unfair Advantage Over Other Bidders A bid can be accepted but only if the claimed errors do not affect the amount of the bid or give the bidder an advantage that others bidders do not have. See Ghilotti Construction Co. v. Citv of Richmond, 45 CaL App. 4th 897,904-905 (1996) (qlug 47 Ops.Cal.Atty.Gen. 129,130 (1966)). A proper measure of whether the agency's waiver resulted in an "unfair advarftage" is whether the contractor would have been liable on the bid bond if they had attempted to back out of their bid after it had been accepted by the owner. Menefee v. County of Fresno, 163 Cal. App. 3d 1179, 1181 (1985). If the bidder could use their listed of unlicensed and unqualified subcontractors to later avoid a contract, it had an unfair advantage. On the other hand, if the bidder could not use those listings to avoid its bid, it did not gain any advantage from the defect, and, therefore, waiver should be permitted. Id. at 1 181. Because an unlicensed and unqualified subcontractors cannot perform the work, Nationwide could use these material defects as the basis to: (1) retract its bid (after being accepted by the City as the lowest bidder); and (2) avoid forfeiture of any bid bond. Nationwide had a clear advantage if he is allowed to list unlicensed, or unqualified subcontractors to achieve a lower bid price than the other bidders. ilI. CONCLUSION Based on the foregoing, and the well-established California cases, the City should reject both Zusser and Nationwide's bids and proceed with awarding the contract to KASA. The people of the City of Baldwin Park are entitled to a licensed, qualified team for this Project. Sam Gutierrez Romany Basilyous Grant R. Orbach December 21,2023 Page 5 Thank you for your consideration. This letter is being sent in advance of any litigation. We hope to have a further dialogue with the City concerning the merit of KASA's legal position. Please call me at your earliest opportunity to discuss. Sincerely, Wntr, TteteR, HoRnRn & FrrzcpnAI-D, L.L.P Robert C. Niesley RCN/ALM 20136398.1 l 0443 1.00003 Exhibit F Marion T. Hack D 213.928.9885 marion.hack@troutman.com 166286912v3 Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com December 22, 2023 VIA E-MAIL Grant R. Orbach Best Best & Krieger LLP 500 Capitol Mall Suite 1799 Sacramento, CA 95814 Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project Dear Mr. Orbach: This letter is being submitted in response to the City of Baldwin Park’s (“City”) December 12, 2023 letter requesting a response to the Order to Show Cause regarding Zusser Company, Inc.’s (“Zusser”) responsibility as a bidder for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”), and your December 20, 2023 letter. Also, in response to the request in your December 20, 2023 letter, Zusser agrees to extend its bid bond to February 13, 2024. Zusser hereby reiterates that the City’s notice is invalid as it does not follow clear California law regarding non-responsible determinations. Although you have asserted that the City has not yet made any determination of non-responsibility, the City’s December 12 letter clearly states “Zusser nonetheless appears to be a NON-RESPONSIBLE bidder” and that “the City is in the position of anticipating rejecting a low bid.” Despite Zusser’s request, the City failed to provide Zusser with any evidence upon which the City is relying, and the City failed to provide Zusser with the requisite impartial hearing compelled by due process. (See D.H. Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 763 [In making this determination [of whether a low bidder is responsible], however, the agency is required to afford a significant level of due process to the bidder, including notice and an opportunity to respond].) Zusser therefore renews its objections outlined in its December 14, 2023 letter. With respect to Zusser’s alleged non-responsibility, the following will provide the City with ample evidence that Zusser is the lowest responsible bidder on the Project. As you know, responsibility means the fitness, quality, and capacity of the bidder to satisfactorily perform the proposed work. (Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d Sam Gutierrez Grant R. Orbach December 22, 2023 Page 2 166286912v3 1331, 1341–1343.) Responsibility is defined by statute as “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) A bidder is responsible if it can perform the contract as promised. (Taylor Bus Service, Inc., supra, 195 Cal.App.3d at 1341.) As evidenced by the successfully completed projects by Zusser over the years, there is no doubt Zusser can perform the contract as promised. “Determining whether a certain bidder is ‘responsible’ generally entails an evaluation of the bidder's trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. (Pub. Contract Code, § 1103; City of Inglewood–L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 867.) Determinations of non-responsibility are reserved for extraordinary circumstances where the contractor is truly not able to perform the contract or has committed intentional fraud. For example, in Stacy & Witbeck, Inc. v. City and County of San Francisco (1995) 36 Cal.App.4th 1074, the contractor was deemed to be irresponsible after the public utilities commission determined the contractor knowingly and intentionally submitted a false claim. Zusser has never been found to be in violation of the False Claims Act. In another example, in Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425,1458, the court noted that the school district had rejected the contractor’s bid for dishonesty for not disclosing associated licenses. Similarly, D.H. Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757, 766 states that if an agency had reason to believe a bidder knowingly listed a subcontractor, whether licensed or not, with the intention of substituting a different subcontractor once the prime contract was awarded, the agency would be entitled to reject the prime bidder as not responsible. These are all examples where the contractor committed intentional fraudulent acts or raised concerns about the contractor’s dishonesty. There is no such similar circumstance here related to Zusser’s bid. Your December 20 letter questions whether Zusser has demonstrated responsibility through the references it provided with its bid and invites Zusser to demonstrate why its performance on certain projects demonstrates the attributes described in Section 1103 of the Public Contract. Yet, the City admits it did not call all of Zusser’s references, in fact it appears that the City has not received any negative reference for Zusser. This is inconsistent with the original statements by the City that the City was “anticipating rejecting a low bid because of apparent substantial, repeated, bad-violations of prevailing wage law as well as negative references.” Yet, none of that appears to be true. There is no evidence of “repeated bad- violations of prevailing wage law” and there were no negative references. In fact, the City admits it did not call all of Zusser’s references. We do not take accusation of favoritism lightly but with these facts, it is not hard to come to the conclusion that the City is not treating Zusser fairly and is improperly favoring other bidders. Further, it does not appear that Nationwide has had to prove its responsibility in the same manner as Zusser, even though its qualifications were also questioned. The protesting contractor claimed that both Nationwide and Zusser were not qualified to perform the project. Sam Gutierrez Grant R. Orbach December 22, 2023 Page 3 166286912v3 Yet, only the low bidder, Zusser, has had to go through this exercise of proving its responsibility to perform the contract. In any event, while your letter lacks any specific allegations of a lack of responsibility or trustworthiness for Zusser to specifically respond to, Zusser provides the following information on the projects referenced in your letter. Additionally, Zusser has enclosed supplemental information for the five projects discussed below. The West Hollywood Pan Pacific Retention Basin Diversion Gate & Control House Upgrade Project involved replacement of existing slide gate, upgrading the mechanical, electrical, and control systems for the new slide gate, and construction of a new control house within the Pan Pacific Retention Basin. The initial contract scope has been entirely fulfilled. The outstanding tasks involve miscellaneous additional electrical work initiated by the County. The anticipated completion date for these remaining tasks is currently set for January 2024. This schedule aligns with the overall contractual timeframe as allocated. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. The Point Dume Staircase Replacement Project involved removal of existing the stairway and construction of new stairway with an ADA trail above the staircase in Malibu, CA. This was an extremely technically complicated project involving work on an almost 90-degree slope. Despite the technical challenges, this project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. The John Anson Ford Park Infiltration Cistern Project in Bell Gardens, CA involved construction of a diversion structure and subsurface infiltration basin beneath the park to capture and recharge both dry-weather and storm runoff. The work involved construction of subsurface infiltration cistern, pretreatment unit, reinforced concrete box culverts and vaults, installation of storm drain, sewer, park restoration, monument signs, landscaping, irrigation and flat concrete. This project has achieved substantial completion. Zusser has claims for extra work and owner-caused delays while the City of Bell Gardens has assessed liquidated damages against Zusser. Zusser contends that any delays that were not owner-caused, were the fault of its supplier, Jensen Enterprises, Inc. Jensen had difficulties with the fabrication of its precast concrete boxes which resulted in repair work and delays. Jensen used a dry-cast method which has since been banned for use in cistern systems by several public agencies. The parties are currently in the ADR process with a mediator pursuant to the provisions in the contract and thus are unable to provide you with mediation Sam Gutierrez Grant R. Orbach December 22, 2023 Page 4 166286912v3 protected materials. Zusser believes that the claims between itself and the City will be resolved shortly. No lawsuits, demands for arbitration, or other legal actions have been filed to date. LADWP Lagoon Refurbishment involved construction of a liner basin of over 7,000 linear of PVC, on-site screening of over 6,000 cy of underdrain rock, disposal of hazardous materials, refurbishment of existing valve structures and installation of electrical panes and utility cabinets. This project was completed successfully and on time. There were no disputes on this project with the owner and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. Zusser is currently appealing a decision from the DIR in the Los Angeles Superior Court which involves wage classification, as more fully discussed below. Robert B. Diemer Water Treatment Plant Fire & Portable Water Pump Station involved construction of the treatment plant and pump station including mechanical pipe work, structural concrete, flat concrete, electrical work, piles, shoring and excavation, structural steel, and site work. This project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. There is no doubt that Zusser has the trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. For nineteen (19) years Zusser has been a family run general contractor specializing in public works that serves the greater Los Angeles and Orange County areas. Since 2005, Zusser has held a General Engineering A, Building Construction B, and Hazardous Substances Removal HAZ contractor licenses in good standing with the California State License Board. The City’s RFP required that the bidders possess valid Class A licenses. “The California Contractors' State License Board issues Class “A” licenses for general engineering contractors whose principal business involves fixed works requiring specialized engineering knowledge and skill, including irrigation, drainage, water supply, flood control, pipeline, and related excavating, grading, trenching and concrete work. (Bus. & Prof.Code, § 7056; Cal.Code Regs., tit. 16, § 830.)” (M & B Const. v. Yuba County Water Agency (1999) 68 Cal.App.4th 1353, 1356–1357.) Thus, in order to be granted a Class A license, a contractor must demonstrate its principal business involves the ability to take on Class A work which is defined as follows: 7056. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, Sam Gutierrez Grant R. Orbach December 22, 2023 Page 5 166286912v3 highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, powerplants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above-mentioned fixed works. Zusser is fully insured and bonded as required by the RFP. Zusser’s bonding capacity, as evidence by the letter from its surety in the enclosed supplemental information, is currently at $40,000,000 (single) and $50,000,000 (aggregate). This is important because a bonding company performs underwriting to make sure the contractor has the capacity and competency to perform the work. In fact, in the letter, Zusser’s surety states that based on its investigation, Zusser is a company well versed in the construction industry with a great depth of experienced people, known for their ability to complete contracts on schedule, within budget and with exceptional workmanship. In its almost twenty years in business, Zusser has attained a network of reputable subcontractors, designers, and surveyors that meet its stringent quality and dependability requirements. Moreover, Zusser is a prevailing wage contractor employing both union and nonunion employees on its projects. Zusser has performed work for Los Angeles County (including the Sanitation District of Los Angeles), Orange County, Imperial County, State of California Parks, multiple municipalities, cities and water districts. Zusser has also paid millions of dollars in prevailing wages including tens of thousands of man hours, and apprentice training from initial to journeyman. Zusser has also participated and continues to successfully participate in several local hiring and disadvantaged programs designed for workers in Los Angeles County. As to the City’s request for a formal response related to the Decision of the Director of the California Department of Industrial Relations in case No. 19-0134-PWH, as noted in our December 14, 2023 letter, this decision did not include any finding of bad faith and instead involved a disagreement over a worker classification issue. Moreover, this decision is currently being appealed in the Los Angeles Superior Court, thus this current decision has yet to be finalized. Enclosed herein is Zusser’s Motion for Issuance of Writ of Mandate for your review. As is described in detail in the Motion, the DIR’s decision was based on a determination that Zusser misclassified sewer and storm drain pipelayer workers on the project which alleged misclassification is not supported by the evidence. Indeed, the DIR decided to reclassify the workers as pipefitters because it claimed the lagoons on the project were connected to a plant, yet the evidence demonstrated that when Zusser performed work in the lagoons, there was no connecting pipeline to any facility. The uncontradicted evidence is that Zusser’s work was Sam Gutierrez Grant R. Orbach December 22, 2023 Page 6 166286912v3 performed exclusively in the lagoons. In any event, this decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) In fact, in the almost ten years since the project at issue in the DIR’s decision, Zusser has been deemed a responsible contractor on several dozens of public works projects in California. Of more concern is that a search of contractors that have been awarded contracts by the City show that the City has repeatedly awarded contracts to contractors that had reported DSLE violations, sometimes multiple violations. As an example, All American Asphalt was awarded a contract in June 2022 but there are DSLE claims against them reported in 2020 and June 2022, and it appears the June 2022 claim is still ongoing. (See enclosed record from DSLE.) PCN3 was awarded a contract by the City in 2022 and they also had a wage claim by the DSLE in 2012. (See enclosed record from DSLE.) There are other examples where the City has awarded contracts to contractors who have DSLE violations. Clearly the City did not take into account DSLE violations in other bidding decisions, so it is highly questionable that now, all of a sudden, Zusser’s alleged violation over a worker classification issue is a compelling reason to determine Zusser’s responsibility. The City’s reliance on one DIR decision (which is not yet finalized as it is currently on appeal) regarding wage classification with no finding or determination of bad faith, when it has awarded several contracts to other contractors with multiple DSLE violations, is a clear indicator that the City is illegally favoring another contractor over Zusser. Moreover, this “evidence” is clearly insufficient to classify Zusser as a non-responsible bidder. If every dispute between Contractors and the DLSE over classification issue resulted in debarment then there would be no contractors available to perform work as this is the most common disputes that contractors have with the DSLE. Determinations of responsibility “inherently carry at least some danger of arbitrary or erroneous determinations.” (See Advance Real Estate Services, Inc. v. Superior Court (2011) 196 Cal.App.4th 338, 352.) The arbitrariness of the City’s determination is apparent. The City has provided no evidence of Zusser’s fitness to perform the work and has found other contractors fit to perform work with the same DLSE issues. This is very concerning that a City would be acting in such a manner. Notwithstanding the lack of detail for Zusser to specifically rebut any allegations of non- responsibility, Zusser has been deemed a responsible contractor on countless public works projects in California. With respect to this Project, Zusser no doubt has the requisite trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. Indeed, this Project is a stormwater capture consisting of a subsurface infiltration system designed to capture over 16 acre-feet of runoff for groundwater recharge. The Project also consists of surface improvements to an existing park space including but not limited to additional and expanded parking, new courts and play areas, grass/turf improvements, landscaping, water features and lighting. Zusser has successfully performed similar projects as described above and in the enclosed supplemental information. These projects include a wide variety of underground water storage, stormwater capture, and other water systems. In Sam Gutierrez Grant R. Orbach December 22, 2023 Page 7 166286912v3 addition, the projects include a variety of public parks and various trades including but not limited to electrical, concrete, structural, demolition, grading and excavation, asphalt, masonry, utilities, sewer, drainage, water lines, and design and survey. Accordingly, Zusser is fully capable of satisfactorily performing the contract for the Project and is the lowest responsible bidder on the Project. The City has no competent evidence to the contrary. Considering the utter lack of evidence that the City has for rejecting Zusser’ bid, we ask that the non-responsibility be withdrawn immediately. Under well-established California law, the determination that an otherwise winning bidder is ‘irresponsible’ entitles the bidder, as a matter of due process, to a hearing on that determination.” (Advanced Real Estate Services, Inc., supra, 196 Cal.App.4th at 351-352.) Thus, Zusser renews its request for an impartial hearing to rebut the City’s claims. The failure to provide the evidence for which the City bases its initial decision is quite concerning and required Zusser to respond to unknown allegations in a vacuum. There is a taint to this request that is akin to a setup of Zusser. If the City had evidence of its claims and withheld it from Zusser that would be another piece of evidence pointing to an improper motive of the City. We hope that is not the case. Sincerely, Marion T. Hack MTH cc: Misha Fyodorov Enclosures Page: 1 of 1 2Total Records: 12/14/2023Search Date: Filter Applied: Defendant Name all american asphalt Defendant Name Party Type Case Number NAICS Code NAICS Industry Date Filed Assigned Deputy DIR Office Case Status All American Asphalt, a California Corporation Defendant WC-CM-888710 32732 Ready-Mix Concrete Manufacturing 06/11/2022 Puniloa Chavira San Bernardino WCA Hearing Approved All American Asphalt, a California Corporation Defendant WC-CM-780654 561311 Employment Placement Agencies 03/27/2020 Maria Elena Sandoval San Bernardino WCA Closed Settled – Pre-hearing - 1 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation Thomas W. Kovacich, State Bar No. 94046 TKovacich@aalrr.com 12800 Center Court Drive South, Suite 300 Cerritos, California 90703-9364 Telephone: (562) 653-3200 Fax: (562) 653-3333 Attorneys for Petitioner ZUSSER COMPANY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ZUSSER COMPANY, INC., a California corporation, Petitioner, v. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, KATRINA S. HAGEN, in her capacity as the Director of Industrial Relations for the State of California, and DOES 1 through 20, inclusive, Respondents. Case No. 22STCP03463 [Assigned to Honorable Mitchell L. Beckloff] ZUSSER COMPANY, INC.’S NOTICE OF MOTION AND MOTION FOR ISSUANCE OF WRIT OF MANDATE; AND MEMORANDUM OF POINTS AND AUTHORITIES Petition Filed: September 26, 2022 Hearing on Petition for Writ of Mandate: Date: February 7, 2024 Time: 9:30 A.M. Dept. 86 LILIA GARCIA-BROWER, in her official capacity as LABOR COMMISSIONER, DIVISION OF LABOR STANDARDS ENFORCEMENT, Real Party In Interest. - 2 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on February 7, 2024, at 9:30 a.m., or as soon thereafter as the matter may be heard before the Honorable Mitchell L. Beckloff in Department 86 of the Los Angeles Superior Court, located at 111 N Hill Street, Los Angeles, CA 90012, Petitioner Zusser Company, Inc. (“Zusser”) will and hereby does move for the issuance of a writ of administrative mandate or other appropriate relief reversing and/or vacating the Decision of the Director of Industrial Relations in Department of Industrial Relations (“DIR”) Case No.: 19-0134- PWH (“Decision”) and dismissing the underlying Civil Wage and Penalty Assessment, or alternatively, reversing and remanding the matter for rehearing. This motion for issuance of a writ of administrative mandate is made on grounds that DIR’s Decision constitutes a prejudicial abuse of discretion. Petitioner’s Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities; the Administrative Record in DIR Case No.: 19-0134- PWH; any matters of which the Court may take judicial notice; other documents on file in this action; and any oral argument of counsel. Dated: October 10, 2023 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: Thomas W. Kovacich Attorneys for Petitioner Zusser Company, Inc. TABLE OF CONTENTS Page - 3 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 MEMORANDUM OF POINTS AND AUTHORITIES ................................................................ 6 I. INTRODUCTION .............................................................................................................. 6 II. STATEMENT OF FACTS ................................................................................................. 6 A. The Project .............................................................................................................. 6 B. DLSE Evidence ....................................................................................................... 8 1. Investigation by Industrial Relations Representative Salamero.................. 8 C. Zusser Evidence .................................................................................................... 12 III. STANDARD OF REVIEW .............................................................................................. 14 IV. LEGAL DISCUSSION ..................................................................................................... 15 A. Overview of California Prevailing Wage Law...................................................... 15 B. DLSE Cannot Meet Its Burden of Proof ............................................................... 17 C. Zusser Did Not Misclassify its Pipelayers and Pipe Tradesmen........................... 17 V. CONCLUSION ................................................................................................................. 20 TABLE OF AUTHORITIES Pages - 4 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 STATE CASES Busker v. Wabtec Corporation (2021) 11 Cal.5th 1147 .................................................................................................................. 15,20 City of Long Beach v. Department of Industrial Relations (2004) 34 Cal.4th 942, 22 Cal.Rptr.3d 518, 102 P.3d 904 ................................................................. 15 Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733 ......................................................................................................................... 20 Department of Industrial Relations v. Davis Moreno (2011) 193 Cal.App.4th 560 ............................................................................................................... 16 Independent Roofing Contractors v. Department of Industrial Relations (1994) 23 Cal.App.4th 345 ................................................................................................................. 20 Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 4 Cal.Rptr.2d 837, 824 P.2d 643 ..................................................................... 15 Sheetmetal Workers v. Duncan (2014) 229 Cal.App.4th 192 ............................................................................................................... 15 STATE CODES/STATUTES Code Civ. Proc. § 1094.5 .............................................................................................................. 14 Code Civ. Proc. § 1094.5(b) ......................................................................................................... 14 Labor Code § 1720 ........................................................................................................................ 15 Labor Code § 1742 ................................................................................................................... 15,16 Labor Code § 1742(b) .............................................................................................................. 16,17 Labor Code § 1742(c) .............................................................................................................. 14,15 Labor Code § 1773 .......................................................................................................................... 9 Labor Code § 1775 .............................................................................................................. 10,11,15 Labor Code § 1777.7 ................................................................................................................ 10,11 Labor Code § 1813 ................................................................................................................... 10,11 OTHER AUTHORITIES 8 CCR § 16200 ................................................................................................................................ 9 8 CCR § 16303(a) ......................................................................................................................... 20 8 CCR § 17224(d) ............................................................................................................... 11,16,17 TABLE OF AUTHORITIES (CONTINUED) Pages - 5 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 8 CCR § 17224(d) ......................................................................................................................... 11 8 CCR § 17244(d) ......................................................................................................................... 17 8 CCR § 17250(a) ......................................................................................................................... 16 8 CCR § 17244 (Rule 44).............................................................................................................. 17 8 CCR § 17244 (Rule 44(d)) ......................................................................................................... 17 8 CCR § 17244 (Rule 50(a)) ......................................................................................................... 17 8 CCR § 17244 (Rule 50(b)) ......................................................................................................... 17 - 6 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This writ seeks the reversal of the Decision issued by the Department of Industrial Relations (“DIR”) issued on August 18, 2022. (AR000004.)1 The Decision erroneously determined that Zusser Company, Inc. (“Zusser”) misclassified its sewer and storm drain pipelayer employees on the Project. The Director abused her discretion in that the findings are not supported by the evidence in light of the entire record. The hearing was conducted on November 20, 2019, October 23 and 28, 2020 and June 16, 2021. (AR000004.) The enforcing agency, Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) presented the testimony of its investigator, Reisee Salamero (“Salamero”) and Zusser presented the testimony of its Chief Financial Officer, Misha Fyodorov (“Fyodorov”). II. STATEMENT OF FACTS A. The Project Metropolitan Water District (“MWD”) advertised a notice of inviting bids on October 2, 2014. (AR002835.) The Project was a standalone installation of a sewer and storm drain system on four existing lagoons on a property leased by MWD from the Los Angeles Department of Water and Power (“LADWP”).2 The lagoons were an open bodies of water previously utilized by LADWP. (AR531-532.) The Project specifications are entitled “LADWP Lagoon Refurbishment” (“Project”). (AR000525, 002775.) The Project consisted primarily of the laying of 7,000 feet of 6-to-8-inch perforated PVC pipe, 500 feet of 2-inch PVC pipe in trenches in an underdrain pipe system. The trenches are lined 1 The Administrative Record is identified as DIR000000. For convenience, Petitioner will cite it as “AR” instead of “DIR”. 2 The project description on the notice of inviting bids is described as follows: “N-3 Project description. The work consists of construction of approximately 7,000 feet of 6-inch to 8-inch PVC pipe, 500 feet of 2-inch PVC pipe, 1,700 feet of utility ductbanks, and three maintenance holes; modification of two existing maintenance holes; installation of two standpipes, five submersible pumps and two turbidity meters; on-site screening of approximately 6,l00 cubic yards of underdrain rock; disposal of approximately 2,000 cubic yards of hazardous material; installation of approximately 12,500 cubic yards of crushed rock; refurbishment of existing decant valve structures for four lagoons including asbestos and PCB abatement; installation of local electrical panels and a utility cabinet; and other appurtenant work as specified and shown on the drawings.” (AR002077, 002782.) - 7 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 with fabric material. Perforated pipe is utilized for purposes of draining the water into the water table. (AR000528-000529, 002077-002088.) The Project was in effect an underdrainage pipe system with ancillary maintenance otherwise known as manholes and monitoring devices. As part of the system, Zusser installed 6,100 cubic yards of drain rock consisting of gravel on top of the drainage system. The purpose of the gravel is to remove potential sediments similar to a septic system. Two of the four lagoons had existing drainage systems that needed to be updated. The other two lagoons did not have any drainage systems to start with. Zusser also installed 12,500 cubic yards of crushed rock on the bottom of the lagoons. The intent of the crushed rock is to filtrate sediment that would come from different sources. The water comes to the lagoon from stormwater runoff and other sources and then percolates to the ground through the underdrain pipe system. (AR000530-000537.) The work was performed exclusively on the four lagoons. There was no structure on the site. (AR000537.) The work was sequenced so that the lagoon could be taken out of operation. (AR000747-000748, 002078.) The bid documents and contract did not state the lagoons were part of an existing water filtration system.3 (AR002077-002088, 002781-002783.) The cost of the work was estimated by MWD to be between $2,700,000 and $3,200,000. Zusser was the low bidder at $3,452,582. (AR000809-000810, 002782.) The second bidder was $111,970 higher. MWD made available information to the bidders describing the work to be performed. All the reports related to the site conditions on the four lagoons in which Zusser performed work. In Zusser’s bid it sets forth its plan for the construction process. (AR002811.) A prebid conference was held at the lagoons and at no time was there any conference at the Jensen Plant.4 (AR000784.) There was no construction of piping or otherwise between the lagoons on the Jensen Plant or any other facility. (AR000782.) There was no discussion with respect to the future use of the lagoons. (AR000782-000783, 000778.) 3 DIR’s entire case rests on the argument that the lagoons would eventually be part of the MWD’s water treatment plant. This treatment plant is 1 mile from the lagoons where Zusser performed work. Zusser asserts this possibility is irrelevant. The issue is the work performed. (AR000526.) 4 Joseph Jensen Water Treatment Plant (“Jensen Plant”) is located in Granada Hills and treats water from the state water project and delivers water to service areas in the water distribution system. (AR002782.) - 8 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 Zusser performed work on the Project from July 27, 2015, to August 22, 2017. (AR003404-003493.) A notice of completion was recorded on October 4, 2017. (AR002843.) Zusser’s performance of work is set forth in the specifications providing the sequence and execution of the work and with respect to the piping was limited to laying PVC pipe in trenches.5 (AR002077-002088.) B. DLSE Evidence 1. Investigation by Industrial Relations Representative Salamero The case was assigned to Industrial Relations Representative Salamero whose job duties were to investigate complaints pertaining to prevailing wage and apprenticeship violations. She 5 Ex. L is the summary of work for the Project which provides in relevant part for the execution of the work as follows: 3.01 PREPARATION OF TRENCH A. Trench excavation, cleanup, and foundation preparation shall be in accordance with Section 02200. Trenches for underdrains shall be excavated to the width and depth shown on the drawings. B. Control of water shall be as specified in Section 02200 and Section 02140. 3.02 INSTALLATION OF UNDERDRAIN PIPE A. Perforated underdrain pipe shall be embedded in an envelope of granular material for underdrains as shown on the drawings. Solids underdrain pipe also shall be embedded in an envelope of granular material for underdrain, unless otherwise shown on the drawings. The material below the invert of the pipe shall be placed and compacted prior to placing the pipe. The pipe shall be supported throughout its full length by the underlying material. In no case shall the pipe be installed in such a manner as to be supported by the couplings or other fittings. B. Preparation of Pipe Prior to Installation: Pipe and fittings shall be inspected before they are lowered into the prepared trench to ensure that cracked, broken, or defective pipe or fittings are not being used in the work. Foreign matter and dirt shall be removed from the inside of the pipe prior to placement. C. Lowering Pipe: Pipe shall be lowered into the trench in such a manner as to prevent physical damage to the pipe. Damaged pipe shall be rejected and shall be removed from the jobsite. D. Line and Grade: The underdrain pipe shall be laid to the lines and grades as shown on the drawings. The underdrain shall be sloped uniformly between the grades shown on the drawings. E. Orientation of Perforations: Place perforated piping with water outlet perforations oriented downwards. F. Installation of Pipe and Fittings: Underdrain pipe and fittings shall be installed as shown on the drawings and in accordance with the manufacturer's printed recommendations, including snaking of the pipe as recommended. The Engineer will inspect the pipe installation prior to the commencement of backfilling. Pipe shall be connected to maintenance holes as shown on the drawings. 3.03 BACKFILL AROUND PIPE A. Granular material shall be placed simultaneously on both sides of pipe in lifts not exceeding 6 inches thick before compaction. The material shall be worked around the lower part of the pipe exercising care to achieve complete filling below springline. Each lift shall be compacted to at least 95 percent compaction. Compaction of granular material for Underdrains shall be by a hand-operated vibratory plate compactor. Impact compactors shall not be used. Necessary precautions shall be taken to avoid displacement of or damage to pipe during placement or compaction of backfill around pipe. 3.04 CLEANOUTS A. Cleanouts shall be constructed in accordance with the details shown on the drawings. (AR002080.) - 9 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 testified that she conducted worker interviews and then conducted an audit based on the certified payrolls. (AR000107-000109, 000011-000012.) In addition, as part of her investigation she received a copy of the contract from the awarding body, MWD. She used the contract to determine the scope of work. The scope of work is important because it allowed her to determine the appropriate classification for prevailing wage purposes.6 Based on the scope of work in the wage determination she knew “that this was plumbing - you know, it had a lot of pipework. And so I knew that the plumber classification would be appropriate for this particular project.” She utilized the prevailing wage determination for the plumber classification to reclassify 9 workers from sewer and storm drain pipelayers and pipe tradesmen (“Pipelayer”) to industrial pipefitter (“Pipefitter”). (AR000111-000113.) Consequently, she rejected the classification used by Zusser of the pipelayer and utilized the industrial pipefitter classification.7 (AR000122-000125.) Her rationale for utilizing the pipefitter classification is as follows: So from my understanding of the scope of work of this project the LADWP/Metropolitan lagoons was - is - a filtration plant. And so according to the scope of work from the prevailing wage determination, which is on Exhibit 15, the plumber classification under subs, or industrial pipefitters, scope of work, specifically page 259 under Subsection A.1.36, it says ‘All piping in connection with central distributing filtration treatment stations, boosting stations, waste sewage disposal plant, central chlorination, and chemical treatment work, and all underground supply lines to the cooling wells, suction basins, filtered basins, settling basins, and aeration basins.’ So, based on that subsection, the definition of the subsection, I utilized the industrial pipefitter for this particular project, because from my understanding, it’s a filtration plant. (AR000124-000125.) 6 The Department of Industrial Relations (“DIR”) through the Office of Policy and Research and Legislation (“OPRL”) issues wage determinations which include the general prevailing rate of per diem wages and the general rate for holiday and overtime in the locality where the public work is performed. The wage determinations include an advisory scope of work covered by the wage determination. Labor Code § 1773; 8 CCR § 16200. (AR000112-000113, 000322-000323.) 7 The applicable Wage Determination is LOS-2014-2. (AR112, 002844.) The classification utilized by DLSE was the industrial pipefitter subclassification which includes in relevant part “A.1.36 all piping in connection with central distributing filtration treatment stations, boosting stations, waste sewer disposal plants, central coronation and chemical treatment work and all underground supply lines to cooling wells, suction basins, filter basins, settling basins, and aeration basins.”7 (AR002857.) The applicable scope of work for the sewer and storm drain subclassification utilized by Zusser includes, in relevant part, “D.5.10 all sewer, storm drain, and underground piping inside property lines, but which is outside of the buildings.7” (AR002867.) - 10 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 In a nutshell, the basis for her determination was that the lagoons were connected to the Jensen Plant. The Decision takes her testimony even further. 8Salamero testified the function of the treatment plant is to filter the water, the dirty water. “I mean, if you’re looking at it like I said, it’s a pipeline. Pipeline to me would mean that it’s - there’s a connection, right? Like, so if you – if, if you - if there’s a pipeline, it’s, it’s going from - it begins at one end, and ends in another end.” In her mind the pipeline connects “so from my understanding, the lagoons - maybe dirty water starts off in the lagoons, it goes through the pipeline, gets filtered through at the treatment plant, it cleans the water, and gets distributed to the community.” (AR000136-000137, 000356.) This reflected a complete misunderstanding of the work performed by Zusser who simply installed an underdrain pipe system in trenches. Her conclusion was based on interviews with workers, but she could not recall with whom she spoke with. (AR000356-000357.) The evidence is uncontroverted that when Zusser performed the work in the lagoons there was no connecting pipeline solids transfer or otherwise to any facility. On March 11, 2019, Salamero issued her Civil Wage and Penalty Assessment (“CWPA”). The CWPA totaled $547,189.87 assessing unpaid wages in the amount of $207,714.55, unpaid training funds in the amount of $1,725.32, penalties under Labor Code § 1775 totaling $277,600 and penalties under Labor Code § 1813 totaling $150, and penalties under Labor Code § 1777.7 for apprenticeship violations totaling $60,000. Zusser is challenging only the reclassification of the pipelayers in this proceeding. (AR002614-002624.) Salamero acknowledged that she did not reach out to anyone at MWD or LADWP before issuing the CWPA. She had no communication with MWD other than asking for the contract and had no recollection of speaking to the inspector. (AR000316-000317.) Moreover, she did not reach out to the DIR or OPRL, the agency, that issues the wage determinations to determine the 8 The Director cannot cite to any credible evidence for this finding or that Zusser could have known of the position at the time of its bid. The Decision states “The evidence shows that the four lagoons refurbished by Zusser on the Project were connected to the Jensen Plant by a solids transfer pipeline, and that the purpose of connecting the lagoons was to allow Jensen Plant to increase its capacity to process the solids collected by its sedimentation basins as part of its treatment of water. Accordingly, the piping work on the Project constituted piping work in connection with a central distributing filtration treatment station that falls under the Industrial Pipefitter scope of work. The lagoons are connected to the Jensen Plant, and constitute an integral part of its water treatment function.” The Decision relies on statements unsupported in the record. (AR000028.) - 11 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 appropriate scopes of work. (AR000324.) Furthermore, she never visited the Project except she claimed she could see it from the freeway on her commute. (AR000308-000312.) The only communication she had with any outside source other than the workers and Zusser was with her Senior Deputy when the Senior Deputy signed off the Penalty Review when the CWPA was issued. (AR000324.) She testified the reclassification of the Pipelayer to Pipefitter was because there was “lot’s of pipe work.” “I upgraded them to an industrial pipefitter, or industrial plumber, rather, because the project was for a filtration plant. And according to the scope of work, that would have been appropriate determination to utilize.” (AR000352-000353.) It is uncontroverted that the prevailing wage determination (“PWD”) at issue in this matter is LOS 2014-2. (AR000112, 002844-002860.) The difference in wages between a pipelayer and pipe tradesman classification and pipefitter are significant; $13.10 per hour more than a pipelayer and $38.08 per hour more for the pipe tradesman. Pursuant to the Hearing Officer’s order the parties were to exchange exhibits at least 21 days prior to the hearing. (AR002836-002842.) DLSE produced as part of its exhibits, for the first time, a memorandum dated January 13, 2015. (AR002836-002842.) During the hearing, Salamero testified that she did a Google search and found the document. Over objection under Rule 24(d), 8 CCR § 17224(d), the Hearing Officer admitted the exhibit. Salamero admitted she did not consider the document prior to the issuance of the CWPA on March 11, 2019, and she discovered it a week or two before the exhibits were produced.9 (AR000140-000141, 000148.) The Director determined that $171,476.08 were due in back wages, $1,725.32 in training fund contributions, penalties under Labor Code § 1775 of $248,400, penalties under Labor Code § 1813 of $100, liquidated damages equal to the back wages of $171,476.08, and penalties under Labor Code § 1777.7 for apprenticeship violations of $60,000 for a total of $653,177.48 with 9 She accessed the document one or two months before the hearing date. She believed it was sometime in October 2019. She identified the leasing of the four lagoons to allow MWD to use the lagoons for 50 years as supporting her reclassification. She then erroneously described the lagoons on the grounds of the LADWP Aqueduct Filtration Plant as the basis to assert Zusser was working in a “aqueduct filtration plant.” (AR000151- 000155.) - 12 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 interest accruing on unpaid wages. (AR000039.) Nearly all the back wages and penalties relate to the reclassification of the pipelayer. C. Zusser Evidence Zusser presented the testimony of its Chief Financial Officer/Secretary, Misha Fyodorov. His duties included estimating and project management on this Project. Fyodorov has over 30 years of experience in the construction industry prior this Project. Zusser is a California licensed contractor that performs public works since 2005 primarily related to the construction of infrastructure projects. (AR000520-000521.) Zusser is not signatory to any union collective bargaining agreement. (AR000543.) Zusser’s work was performed exclusively in the four lagoons. There were no buildings or structure. Zusser also constructed a dry drainage area where materials would be dried out, and water drained into the lagoons in order for the soil to be exported offsite. (AR000537.) The bid documents did not state the lagoons were part of any existing water filtration plant. (AR000711- 000712, 000770-000771.) Zusser employed operating engineers, laborers, cement masons, pipelayers and pipe tradesmen. The pipelayers and pipe tradesmen laid the underdrain pipe system in the trenches. (AR000537-000539.) Fyodorov testified as to the installation of the underdrain system consistent with the execution section of the contract. (AR000747-000752, 002080.) Fyodorov met with Salamero prior to the issuance of the CWPA to explain the Project was an underdrain pipe system project and her reclassification of the storm drain pipelayer and pipe tradesman to pipefitter was incorrect. He explained that the Project had nothing to do with the Jensen Plant and is a pure drainage and sewer pipe project. (AR000528-000537.) He followed up the conversation with an email dated April 8, 2019. (AR004272-004274.) He emphasized that the pipefitter classification applied to work inside a treatment plant. Zusser’s work was outside any plant and consisted of the laying of PVC pipe in trenches. There was no existing connection between the lagoons and the Jensen Plant. Fyodorov then testified in detail regarding the execution of the work consistent with the bid specifications. He distinguished the difference between the drainage system installed by Zusser in the lagoons from a sewage disposal plant. (AR000561- - 13 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 000568.) Fyodorov also provided photos reflecting the work involved in the execution of the contract including the trenching for the perforated pipe. The photos clearly established the existing conditions including the lack of any building and confirms Fyodorov’s testimony that the Jensen Plant was at least a mile away from the lagoons. (AR000569-000581.) After providing the evidence, Fyodorov suggested to Salamero that she should talk to the owner representatives. However, Salamero stated that she was done at that point and was not going to reconsider anything. (AR000569.) Fyodorov confirmed that at no time did the owner representatives or anyone else assert that the pipelayers were misclassified. He testified that change orders for extra work that were performed at the Project confirmed the utilization of the pipelayer and pipe tradesman classifications and at no time did the owner object to these classifications. This included the submission of certified payroll reports reflecting this classification. (AR000612-000614.) Fyodorov testified that the scope and sequence of the work confirms the pipelayer classification. The piping is installed as perforated on the top which allows the water to go from the top into the pipe and from there the pipe carries the water with gravity flow to a certain location. At that time most of the water will dissipate through and into the ground and disappear. The solids remain and the purpose of the lagoon is to filtrate those soils through the rock so that the water will leave the soils on top of the lagoon and the water itself will penetrate through the holes in the pipe. It then recharges the bottom underground aqueduct. (AR000746-000751.) Fyodorov further corrected Salamero that what she saw off the I-5 freeway was a body of water and a tall white building which was the Jensen Plant, but not the lagoons. The lagoons are not visible from the interstate 5. (AR000532.) Fyodorov testified that the advisory scope of work clearly establishes that the appropriate classification was pipelayer and pipe tradesman. (AR000253.) He incorporated this scope of work for pipelayer specifically at Section D.5. which describes the pipelayer classification. (AR002108- 002111.) - 14 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 Fyodorov testified the work clearly came within this scope: Fyodorov walked the Hearing Officer through the above section: Section D.5.10 Underground Piping Yes Drainage Pipe Inside Property Line Yes In the Lagoons Outside Building Yes No Buildings in the Lagoons Water Line Inside or Under any buildings. No No Buildings in the Lagoons (AR000557-000560, 004272-4274.) Fyodorov testified that an industrial pipefitter could not install the underdrain pipe. The pipefitter “…install the pressurized system, and obviously perforated pipe is not a pressurized system.” (AR000749.) III. STANDARD OF REVIEW California Labor Code § 1742(c) specifically authorizes a contractor to obtain review of a decision by the Director by filing an administrative writ pursuant to California Code of Civil Procedure § 1094.5. In reviewing the underlying decision, the Court’s inquiry extends to questions of whether the DIR proceeded without, or in excess of, its jurisdiction and whether there was any prejudicial abuse of discretion. (Cal. Code Civ. Proc. § 1094.5(b).) Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. (Id.) When a petitioner claims that the findings are not supported by the evidence, “abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in - 15 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 the light of the whole record.” (Cal. Labor Code § 1742(c).) As set forth below, Decision in the underlying action provide ample grounds for the issuance of a Writ. IV. LEGAL DISCUSSION A. Overview of California Prevailing Wage Law The California Supreme Court in Busker v. Wabtec Corporation (2021) 11 Cal.5th 1147, summarized the California prevailing wage law as follows: “The overall purpose of the prevailing wage law is to protect and benefit employees on public works projects.” (Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 985, 4 Cal.Rptr.2d 837, 824 P.2d 643 (Lusardi).) “This general objective subsumes within it a number of specific goals: to protect employees from substandard wages that might be paid if contractors could recruit labor from distant cheap-labor areas; to permit union contractors to compete with nonunion contractors; to benefit the public through the superior efficiency of well-paid employees; and to compensate nonpublic employees with higher wages for the absence of job security and employment benefits enjoyed by public employees.” (Id. at p. 987, 4 Cal.Rptr.2d 837, 824 P.2d 643.) Courts liberally construe the law to fulfill its purpose. (City of Long Beach v. Department of Industrial Relations (2004) 34 Cal.4th 942, 949–950, 22 Cal.Rptr.3d 518, 102 P.3d 904 (City of Long Beach).) Generally, those employed on public works must be paid at least the prevailing rate of per diem wages paid locally for work of a similar character. (§ 1771.) A contractor or subcontractor that does not pay the prevailing rate is liable for the deficiency and subject to a penalty. (§ 1775.) The obligation to pay prevailing wages has a statutory basis independent of any contractual requirement. (Lusardi, supra, 1 Cal.4th at pp. 981–982, 4 Cal.Rptr.2d 837, 824 P.2d 643.) A contractor must pay prevailing wages when required, even if it has not contractually agreed to do so. (Id. at p. 988, 4 Cal.Rptr.2d 837, 824 P.2d 643.) Busker, supra, at 11 Cal.5th 1150 (2021).10 Labor Code § 1742 is part of the statutory procedure in the prevailing wage statute, Labor Code § 1720 et seq. (“PWS”) to provide the hearing process. 10 The DIR’s authority is not unlimited. As the court explained in Sheetmetal Workers v. Duncan (2014) 229 Cal.App.4th 192, 213, the “parties must be able to predict the public works consequences of their actions under reasonably precise criteria and clear precedent” (citation omitted). In Sheetmetal Workers the court rejected an after the fact claim that offsite fabrication was covered by the PWS. “A nebulous standard or set of factors governing whether offsite work is covered by prevailing wage law would create confusion and uncertainty.” Id. at 213. In other words, a contractor, like Zusser, can only rely on the bid documents and not later discovered documents. - 16 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter, the Labor Commissioner shall with reasonable promptness issue a civil wage and penalty assessment to the contractor or subcontractor or both. The assessment shall be in writing, shall describe the nature of the violation and the amount of wages, penalties, and forfeitures due, and shall include the basis for the assessment. (Section 1741, subd. (a).) Labor Code § 1742 describes the procedures available to a contractor or subcontractor who has been issued a civil wage and penalty assessment by the Labor Commissioner. “In effect a contractor or subcontractor may obtain review of a civil wage and penalty assessment under this chapter by transmitting a written request to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessment.” (Section 1742, subd. (a).) If hearing is requested, it is held before a hearing officer appointed by the Department of Industrial Relations. (Section 1742, subd. (b).) The administrative rules for the enforcement of the PWS requires that the Labor Commissioner has the burden of coming forward with evidence that the contractor “(1) was served with an Assessment in accordance with the rules; (2) was provided a reasonable opportunity to review evidence to be utilized at the hearing; and (3) that evidence provides prima facie support for the Assessment.” (emphasis added.) See 8 CCR § 17250(a). Once the Labor Commissioner meets the above requirements the contractor or subcontractor shall have the burden of proving that the basis for the civil wage and penalty assessment is incorrect. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. (Section 1742 subd., (b).) See Department of Industrial Relations v. Davis Moreno, (2011) 193 Cal.App.4th 560, 569. The Labor Commissioner is obligated to make available for review within 20 days of the receipt of the request for review evidence to be utilized by the Labor Commissioner at the hearing at the request for review. The Labor Commissioner’s failure to make evidence available for review as required by Labor Code § 1742(b) shall preclude the Labor Commissioner from introducing such evidence in proceedings before the Hearing Officer or the Director. See 8 CCR § 17224, - 17 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 subd. (d).11 B. DLSE Cannot Meet Its Burden of Proof The DLSE has the initial burden of presenting evidence at the hearing that “provides prima facie support for the assessment . . .” (Rule 50(a))12 because only when the burden is met then “the Affected Contractor or Subcontractor has the burden of proving that the basis for the Civil Wage and Penalty Assessment . . . is incorrect” (Rule 50(b)); Labor Code § 1742(b). While the Hearing Officer admitted a great deal of hearsay evidence under Rule 44, however, this evidence “. . . shall not be sufficient in itself to support a finding unless it either would be admissible over objection in a civil action . . .” (Rule 44(d)). Such evidence cannot in itself “. . . support a finding because of its hearsay character.” C. Zusser Did Not Misclassify its Pipelayers and Pipe Tradesmen The DLSE has not presented any admissible credible evidence as to the basis for reclassification of workers. There was no testimony by anyone but Salamero. It was painfully evident that Salamero had no understanding of the Project scope of work, and failed to reach out to anyone within her own agency that could give her guidance as to the appropriate classification. Nor did she even reach out to the awarding body to ask what type of work Zusser was performing or whether the lagoons are part of a filtration plant. Salamero’s testimony is not credible. However, in her Penalty Review she sets forth her position: 1. I reclassified all employees classified as pipe layer/pipe tradesman to an Industrial Pipefitter based on the Master Labor Agreement (subsection –A.1.36) and the scope of work provided by the awarding body “All piping in connection with central distributing filtration stations, boosting stations, waste sewage 11 Ex. 12 (AR002836-002842.) was introduced by the Deputy based on her “Google search.” It is hearsay and cannot support a finding by itself, without corroborating admissible evidence. 8 CCR § 17244(d). It was not produced to Zusser until the parties exchanged exhibits 3 weeks before the hearing. The Deputy admitted it was not considered in the issuance of the CWPA (AR000141). She admitted that it was discovered a week or two before the exhibits were produced. The Hearing Officer admitted Ex. 12 into evidence despite objection that it was not part of her investigation that it was hearsay and lacked foundation. The Director relies almost entirely in her Decision that the lagoons were part of the Jensen Plant on this document. The existence of this document does not change Zusser’s scope of work on the drainage project. The future use of the lagoons including possible solids handling by MWD has no impact on the narrow work performed by Zusser in installing a drainage system. It is pure speculation when, if, or how the lagoons would be used. 12 Rules will be cited by the last two numbers of CCR section 17000, et seq. - 18 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 disposal plants, central chlorination and chemical treatment work and all underground supply lines to cooling wells, suction basins, filter basins, settling basins and aeration basins.” (AR002606.) Salamero misled the Hearing Officer and her supervisor that approved the Penalty Review. The above-quoted section is not from the scope of work provided in the contract. The above- quoted section is from the advisory scope of work for an industrial pipefitter.13 As set forth in the testimony of Fyodorov, the following is a breakdown of the reasons why this scope of work is not applicable. Section A.1.36 Yes or No Notes Jensen Plant No There was not treatment performed at the Lagoons. Boosting Station No There was no Boosting Stations in the Lagoons. Waste Sewage Disposal Plans No There was not Sewage Disposal Plans. No sewage involved. Central Chlorination and Chemical Treatments work. No No chlorination or any treatment of water was performed at the Lagoons Underground supply lines to: Cooling Wells No No cooling Wells (part of treatment plant) Suction Basin No No Suction Basins (part of treatment plant) Filter Basin No No Filter Basin (part of treatment plan) Settling Basin No No Settling Basin (part of treatment plan) Aeration Basin No No Aeration Basin (part of treatment plan) (AR000548-000552, 000867.) Fyodorov set forth the elements that fit the description of a pipefitter under A.1.36. This is not work within the scope of what Zusser performed and relates to the operation of the Jensen Plant over a mile from the lagoons. (AR000548-000552.) See diagram below: (AR002081, 004273.) 13 The advisory scope of work in the wage determination for a pipefitter states: - 19 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 There is no credible evidence submitted by DLSE that the Jensen Plant was connected to the lagoons and even if it were it does not change the nature of the work as the installation of an underdrain piping system which is the laying of PVC pipe in trenches. DLSE submitted Exhibit 12, which it obtained after-the-fact that relates to future plans with respect to the lagoons but had nothing to do with the work performed by Zusser. The DLSE points to the language in Exhibits 12 that: In December 2012, Metropolitan’s Board authorized an agreement with LADWP that will enable Metropolitan to use four solids lagoons on the grounds that LADWP Aqueduct Filtration Plant for a period of 50 years. (AR002836.) The word filtration relates to LADWP’s Aqueduct Filtration Plant and has nothing to do with MWD leased lagoons.14 The uncontradicted testimony is that the work was performed exclusively in the lagoons. The bid and contract documents did not provide any notice that the lagoons are connected to the Jensen Plant or any filtration plant. Zusser simply refurbished the lagoons. All cooling wells, suction basins, filter basins, settling basins and aeration basins described in the pipefitter scope of work were located inside the Jensen Plant. Zusser did not have anything to do with these systems. Zusser’s position is bolstered by Fyodorov’s testimony that the pipelayer/pipe tradesman classification relates primarily to digging trenches and laying perforated pipe. (AR000555.) The pipefitter classification is much more complex requiring more training and hence, the higher wage rate. While the advisory scope of work is not a statute, the regulations provides that the authority of the Director to establish the prevailing wage rate for any craft classification or type of 14 The following colloquy illustrates Salamero’s clear misunderstanding: Q. So, did the fact that there were no buildings have any bearing on the classification, in your opinion? A. No. Q. And why not? A. Because even though the lagoons are outside of the treatment plant, which is the actual building itself, in my opinion, they’re connected. So whether there’s a building or not, the piping is underneath the building, or outside of a building. It’s to me has no relevance because I believe, in my interpretation, that the two plants are connected. Q. And so is it that reason why it wouldn’t be considered sewer storm drain underground piping? A. In my opinion, yes. (AR000139.) - 20 - ZUSSER COMPANY, INC.’S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 worker is quasi legislative. 8 CCR § 16303(a). See Independent Roofing Contractors v. Department of Industrial Relations (1994) 23 Cal.App.4th 345, 254. In analyzing the advisory scope of work between the pipefitter and pipelayer the language must be reviewed. “If the language is clear, courts must generally follow its plain meaning unless a literal interpretation would result in absurd consequences the Legislature did not intend. If the statutory language permits more than one reasonable interpretation, courts may consider other aids, such as the statute’s purpose, legislative history, and public policy.” See Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733, cited in Busker v. Wabtech at 1153. “However, words used in a statute are not considered in isolation. They are construed in context, honoring the statutory purpose, and harmonizing statutes relating to the same subject to the extent possible” (citations omitted. Busker, supra, at 1154.). The clear language of the sewer and storm drain scope of work exactly covers the work performed by Zusser. Under Section D.5.10 sewer, storm drain and underground piping work shall include all sewer, storm drain and all sewer, storm drain and underground piping inside property lines but which is outside of the building. Zusser in bidding and performing this work applied the expressed terms of this scope of work to its pipelayers. The language of the advisory scope could not be clearer and less ambiguous. V. CONCLUSION Whether this drainage system was to be connected to any other system was not relevant to Zusser who performed the laying of PVC pipe work exclusively in the lagoons which had no existing piping system to the Jensen Plant. Zusser performed no work within the definition of the Pipefitter classification. Accordingly, the Writ should be issued setting aside the Decision as the reclassification of the pipelayers. Dated: October 10, 2023 ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: Thomas W. Kovacich Attorneys for Petitioner PROOF OF SERVICE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 PROOF OF SERVICE (CODE CIV. PROC. § 1013A(3)) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 12800 Center Court Drive South, Suite 300, Cerritos, California 90703-9364. On October 10, 2023, I served the following document(s) described as ZUSSER COMPANY, INC.’S NOTICE OF MOTION AND MOTION FOR ISSUANCE OF WRIT OF MANDATE; AND MEMORANDUM OF POINTS AND AUTHORITIES on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST ☒ BY MAIL: I placed a true and correct copy of the document(s) in a sealed envelope for collection and mailing following the firm’s ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. ☒ BY EMAIL: My electronic service address is rsao@aalrr.com. Based on a written agreement of the parties pursuant to California Code of Civil Procedure § 1010.6 to accept service by electronic means, I sent such document(s) to the email address(es) listed above or on the attached Service List. Such document(s) was scanned and emailed to such recipient(s) and email confirmation(s) will be maintained with the original document in this office indicating the recipients’ email address(es) and time of receipt pursuant to CCP § 1013(a). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 10, 2023, at Cerritos, California. Rany Sao PROOF OF SERVICE 42518266.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CALIFORNIA 90703-9364 TELEPHONE: (562) 653-3200 FAX: (562) 653-3333 SERVICE LIST Doris NG, Chief Counsel Steven A. McGinty, Asst. Chief Counsel Department of Industrial Relations Office of the Director – Legal Unit 355 S. Grand Ave., Suite 1800 Los Angeles, CA 90071 Tel.: (213) 897-3200 Fax: (213) 897-3260 Email(s): smcginty@dir.ca.gov; juribe@dir.ca.gov Attorneys for the State of California Department of Industrial Relations, and Director of Industrial Relations Division of Labor Standards Enforcement Department of Industrial Relations Lance A. Grucela 7575 Metropolitan Drive, Suite 210 San Diego, CA 92108 Tel.: (619) 767-2023 Fax: (619) 767-2026 Email(s): lgrucela@dir.ca.gov; jrojas@dir.ca.gov Attorney for Real Party In Interest Division of Labor Standards Enforcement Page: 1 of 1 1Total Records: 12/15/2023Search Date: Filter Applied: Defendant Name pcn3 Defendant Name Party Type Case Number NAICS Code NAICS Industry Date Filed Assigned Deputy DIR Office Case Status PCN3, INC., Defendant 05-55056 02/17/2012 Long Beach WCA Closed ZUSSER COMPANY, INC. Project Summary for City of Baldwin Park We would like to introduce Zusser Company, Inc. as a full-size service construction company specializing in public works, heavy-civil and municipal construction in the Greater Southern California area. Zusser’s expertise encompasses construction work such as excavation, grading, demolition, concrete work, rubber dam removal and replacement, infrastructure upgrades, park restoration, stormwater management, and more. Zusser has successfully completed projects for various clients, including government agencies such as the State of California, City of Whittier, County of Los Angeles, Inland Empire Utilities Agency, Los Angeles County Public Works, California Department of Parks and Recreation, and others. The projects involve diverse tasks such as rubber dam installations, staircase replacements, infiltration cistern construction, monument installations, and seismic retrofits. Zusser has demonstrated competence in managing contracts of varying amounts, ranging from smaller projects like the Buena Park Fallen Officer Memorial to larger-scale endeavors such as the San Gabriel River Rubber Dam Removal and Replacement and Bell Gardens Cistern Project. Zusser possesses both General Engineering A, Building Construction B, and Hazardous Substances Removal HAZ licenses. Zusser is fully insured and bonded. Zusser has a network of reputable subcontractors, designers, and surveyors that meet our stringent quality and dependability requirements. Hollywood, CA PROJECT SUMMARY Agency: Los Angeles County –Public Works Contract Amount: $4,040,000 Estimated Completion: 2024 PROJECT SUMMARY •Replace existing slide gate, upgrade mechanical, electrical and control systems •Construct a new control house within the Pan Pacific Retention Basin in LA City Pan Pacific Retention BasinDiversion Gate & Control HouseUpgrade West Hollywood, CA Pan Pacific Retention BasinDiversion Gate & Control HouseUpgrade West Hollywood, CA Pan Pacific Retention BasinDiversion Gate & Control HouseUpgrade Bell Gardens, CA PROJECT SUMMARY Agency: City of Bell Gardens -Public Works Contract Amount: $15,600,000 Architect: CWE, Inc. Completed: 2023 PROJECT SUMMARY •Construction of Subsurface Infiltration Cistern, Pretreatment unit, reinforced concrete box culvert and vaults. •Installation of storm drain, sewer, AC Pavement, Park restoration, monument signs, landscaping, irrigation system, and flat concrete. John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Malibu, CA PROJECT SUMMARY Agency: California Department of Parks and Recreations Contract Amount: $3,600,000 Completed: 2022 PROJECT SUMMARY •Remove existing stairway and construct a new timber & concrete stairway. •Build cast-in-drill concrete and encased timber pole foundation supports with topside landings and beach landings oriented to serve the primary path of travel. •Build ADA trail with native material, supported by timber restaging walls Point Dume Staircase Project Malibu, CAPointDumeStaircase Project Malibu, CAPointDumeStaircase Project Malibu, CAPointDumeStaircase Project Yorba Linda, CA PROJECT SUMMARY Agency: Metropolitan Water District of So. California Contract Amount: $5,000,000 Completed: 2012 PROJECT SCOPE •Construct Robert B.Diemer Water Treatment Plant Fire and Potable Water Pump Station including Mechanical Pipe Work, Structural Concrete, Flat Concrete, Electrical work. •Install 30” & 36” CIDH Piles. Shore and excavate up to 20 feet deep. Bore and Case 54” Steel Pipe. Install Structural Steel and Miscellanies Metals. Painting and Cathodic Protection. Site Work Including Demolition,Dirtwork, New Asphalt, Concrete, Retaining Walls and Landscape. Robert Diemer WaterTreatment Plant Fire &Portable Water Pump Station Yoba Linda, CA Robert Diemer Water TreatmentPlant Fire & Portable WaterPump Station Yoba Linda, CA Robert Diemer Water TreatmentPlant Fire & Portable WaterPump Station Yoba Linda, CA Robert Diemer Water TreatmentPlant Fire & Portable WaterPump Station Yoba Linda, CA Robert Diemer Water TreatmentPlant Fire & Portable WaterPump Station Yoba Linda, CA Robert Diemer Water TreatmentPlant Fire & Portable WaterPump Station Granada Hills, CA PROJECT SUMMARY Agency: Metropolitan Water District of So. California Contract Amount: $3,600,000 Completed: 2017 PROJECT SUMMARY •Construction of liner basin-over 7,000 linear of PVC, utility ductbanks, large maintenance holes, modification of existing maintenance holes, installation of standpipes, submersible pumps and turbidity meters •On-site screening of over 6,000 cy of underdrain rock, disposal of hazardous material, installation of 13,000 cy of crushed rock •Refurbishment of existing decant valve structures for four lagoons including asbestos and PCB abatement, •Installation of electrical panes and utility cabinets. LADWP Lagoon Refurbishment Granada Hills, CALADWP Lagoon Refurbishment Granada Hills, CALADWP Lagoon Refurbishment Granada Hills, CALADWP Lagoon Refurbishment Granada Hills, CALADWP Lagoon Refurbishment Exhibit G Exhibit H Libcr1): Mutual. ----SURETY January 4, 2024 City of Baldwin Park 14403 Pacific Ave. Baldwin Park, CA 91706 RE: KASA Construction, Inc. 790 The City Drive South, Suite 200 Orange, CA 92868 (714) 634-5728 -PHONE (866} 547-9060 -FA CSIMILE Project: BARNES PARK MUL Tl-BENEFIT STORMWATER CAPTURE PROJECT, City Project No. CIP 21 -198 Ladies and Gentlemen: Liberty Mutual Insurance Company issued a bid bond on behalf of KASA Construction, Inc. for the referenced project. The owner and KASA Construction, Inc. have requested that we provide our consent to extend the bid until February 14, 2024. Liberty Mutual Insurance Company hereby consents to this time extension. Nothing contained herein shall alter or change the underlying terms and conditions of said bid. Sincerely, Liberty Mutual Insurance Company , Attorney-In-Fact Seal No. 5700 ~ Libert_r. \P Mutual. SURETY This Power of Attorney limits the acts ol lhole named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209562--024103 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio casualty lnsuranoe Company is a eotp0ration duly org1111ized under the laws of the State of New Hampshire , that liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company iS a corporation duly organized under the laws of the State of Indiana (herein coMectively called the 'Companies'). pU1SUant to and by authority herein set forth , does hereby name, constitute and appoint. ""J""as:..:ce __ _ Hamilton, Jeffrey W. Cavignac, Judith Samuel, Lisa Cruz, Lisa Sayno, Oliver Craig, James P. Schabarum, IJ all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make. execute, seal, acknOll>iedge and deliver, fol' and on its beh~ as S1Kety and as its act and deed, any and all undertakings , bonds, recognizances and other surety obligations. in pursuance of these presents and shall be as bilding upon the Companies as if they h.,.-e been duly signed by the president and attested by the secrelaly of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subsaibed by an autllorlzed officer or official of the Companies and the COIJ)Olllle seals of the Companies have been affixed thereto this ~ day of March • 2023 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company "' · I/ /4 / 111·E $ By : ~ /, 2 :~_§ _ fii ---'-'--..__ --David M. Carey, Assistant Secretary g ~ ~ cv Stateof PENNSYLVANIA ·-:::, ~ :::, County of MONTGOMERY ss S E E ~ On this 13th day of March , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ Q) ~ iii Company. The Ohio Gasualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~ ,g ~ i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ f ~--5 IN WITNESS WHEREOF, I hct."e hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting , Pennsylvania, on the day and year first above written . ~Oen C 'iii _,,,.-~---cc--c-c---,--,.....,,-~ 0 ~Q)-~o... (st:;oNVr,,(, Comm~:-::ast~~laty~I A--... d ~ '- 0 ,s. Montgomery County f// 1 ~ _ _ , t! ~ ✓ I C ~ 0 ~ 0 Myoommlssion e,pires Mardl 28, 2025 By: ~ ~ (5 Cl> CCV ~ ,.. Commissoonoo,bef 1126044 -J-'---,,-----=-------------1= ,.._ CU.:: ,i,: ,,.~ CJ Member, Penn,ytvan,o -ion of Nolane, leresa Pastella, Nolaly PubUc ~ 0 ~u, oO (VQ) '---._"<t .g> i This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty r.\rtual I ~ ~ .5_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: tr_~ ._ ~ ARTICLE IV -OFFICERS: Section 12. Power of Attorney. (5 6 ~ I:!! Any officer or other official of the Corporation authorized for that purpose in writing by the Chainnan or the President and subject to such limitation as the Chainnan or the =a ..- ;g ~ President may prescribe, shall appoint such attom8'jS-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ; ~ ~ ~ any and all undertakings, bonds, recognizanoes and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shafl -o rl -t: h.we full power to bind the Corporalion by their signature and execution of 'Mf/ such instruments and to attach thereto the seal of the COll)Ofation. When so executed, such .8 ~ ~ G instruments shall be as binding as if signed by the President and attested to by the Sectetary. Any power or authority granted to any representative or attorney-in-fact under the ._ cv provisions of this artlcie may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII-Execution of Contracts: Section 5. Surety Bonds and Undeftakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such Hmitations as the chainnan or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys~n-fact subject to the Mmitations set fofth in their respective powers of attorney. shall have full power to bind the Company by lhelr signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting l)IISUant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secrelaly to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and au undertakings, bonds, recognizanoes and other surety obligations . Authorization -By unanimous consent of the Company's Board ex Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, whereyer appearing upon a certified copy of any power of attorney issued by the~ in connection with surety bonds, sha& be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant SecretaJy, The Ohio Casualty Insurance Company, Liberty MJtuaf lnsuranoe Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuff. true and carect copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of sad Corl\,anies this~ day of January , 2024 . a-~·fy. By:_~L.-,,-.::::,,~,.....,..-~....,....-------Renee C. Llewellyn. Assistant Secretary LMS-12873 LMIC OCIC WAIC M\Jlti Co 02f.l1 ~ Liber:tx Mutual. ~ SURETY Liberty Mutua l Surety 1001 4th Ave Ste 3800 Office: 206-473-3533 As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Liberty Mutual Insurance Company ("LMIC") on behalf of itself and the companies listed below has authorized its Attorneys-in-Fact to affix its corporate seal for surety obligations in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney-in-Fact: Liberty Mutual Insurance Company Liberty Mutual Fire Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Safeco Insurance Company of America American States Insurance Company Please note that the digital seal utilized by our authorized agents will also include their agency specific reference number. LMIC agrees and affirms on behalf of itself and the other companies listed herein, that the digital corporate seal referenced above has the same binding effect when affixed to a bond or a Power of Attorney document as if it were a raised corporate seal. Effective this 23rd day of March, 2020. m~ By:.__,~ _ _,::'------------ Renee C. Llewellyn, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this ce rtifi cate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that doc ument. State of California County of San Diego } } On 'JAN '04' 202 4 before me, Judith Samuel, Notary Publ ic -----------{Here insert name and title oi the off,cer) pe rsonally appeared _L_is_a_S_a_,y,_n_o __________________ _ who proved to me on the basis of satisfactory evidence to be the perso n(&) whose name(-s-)@a re subscribed to the within instrument and acknowledged to me that he,@they executed the same in hi~their authorized capacity(ies), and that by his©'their sig nature(-s-) on the instrume nt th e person(-s-), or the entity upon beha lf of which the person(-s-) acted , executed the instrument. I certify under PENAL TY OF PERJURY under t he laws of the State of California that the foregoing paragraph is true and cor rect. le---~~ JUDITH SAMUEL I ~ :· Commission No. 2452311 ~ WITNESS my h nd and official seal. ~ NOTARY Pueuc. CALIFORNIA! { · SAN DIEGO COUNTY ~ J Commu1011 Expqs July 4, 2027 I I NSTRUCTION S FOR COM PLETING T HIS FORM ADD ITIONAL OPTIONAL INFORMATION This/om, complies wi1h current Ca/iforni" sta111Tes reg"rding nolary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT {TIiie or description of attached document) {Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY C LAIMED BY TH E SIG NER □ Individual (s ) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version www NotaryClasses com 800 873-9865 if needed. sho11ld be comple1ed and al/ached 10 the doc11ment. Aclcnowledgments from or her s1a1es may be co111ple1ed for doc11me111s being sen/ 10 1ha1 Stale so long a.i 1he wording does no/ require 1he California nolary /0 violale California nolary law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared which must a lso be the same date the acknowledgment is compl eted. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular o r plural fonns by crossing off incorrec t fonns (i.e. ll;!/she/~ is /ere) or circl ing the correcl fonns. Failu re to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smud ges, re-seal if a sufficient a rea penn its, otherwise comple1e a different acknowledgment form . • Signat ure of the notary public must match the signature on file with the office of the county cleric. ❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or a ttached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacit) is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to t he signed document with a staple. 65431.40014\41989058.1 Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com Best Best & Krieger LLP | 500 Capitol Mall, Suite 1700, Sacramento, California 95814 Phone: (916) 325-4000 | Fax: (916) 325-4010 | bbklaw.com January 30, 2024 VIA E-MAIL [MARION.HACK@TROUTMAN.COM] Marion T. Hack Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 VIA E-MAIL [RNIESLEY@WATTTIEDER.COM] Robert C. Niesley Watt, Tieder, Hoffar & Fitzgerald, LLP 2040 Main Street, Suite 300 Irvine, California 92614 VIA E-MAIL [CM@SMTDLAW.COM ] Christopher Morrow Salamirad, Morrow, Timpane & Dunn LLP 17901 Von Karman Avenue, Suite 500 Irvine, California 92614 Re: BID PROTEST AND RELATED PROCEEDINGS RE: BARNES PARK MULTI BENEFIT STORMWATER CAPTURE PROJECT Dear Colleagues: As you are aware, this office represents the City of Baldwin Park (“City”). The City is in receipt of the enclosed correspondence in connection with the bidding of the above referenced project (the “Project”), which supplements that correspondence that accompanied my letter dated January 11, 2024. City staff intends to recommend that the City Council of the City of Baldwin Park reject the bid of Zusser Company, Inc. (“Zusser”) on non-responsibility grounds and award the contract for the Project Nationwide Contracting Services, Inc. (“Nationwide”) as the lowest responsive responsible bidder. City staff intends to make the first recommendation on two grounds: Zusser conceded before the Department of Industrial Relations that it misclassified workers on the LADWP Lagoon Refurbishment , yet now denies that it in fact misclassified those same workers. Zusser’s failure to take responsibility for violations it previously conceded before the administrative agency charged with its enforcement is inconsistent with Zusser having “demonstrated t he attribute of trustworthiness […] to satisfactorily perform the public works contract ”. (Public Contract Code section 1103). 65431.40014\41989058.1 Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 30, 2024 Page 2 Best Best & Krieger LLP Zusser has not demonstrated candor in connection with the instant proceedings. Zusser conditioned its willingness to provide the City with requested documents material to the City’s inquiry on the City providing the “evidence” which prompted the request , and when such “evidence” was not forthcoming, refused to comply. Such conduct is inconsistent with Zusser having “demonstrated t he attribute of trustworthiness […] to satisfactorily perform the public works contract ”. (Public Contract Code section 1103). For the absolute avoidance of doubt, the City has requested that Zusser provide the City with, by way of illustration and not by limitatio n, any “claim[s]”, any “written statement[s] identifying what portion of the claim is disputed and what portion is undisputed ”, and any “written statement[s] identifying the portion of the claim that remains in dispute and the portion that is undisputed ” as described in section 9204 of the Public Contract Code, or any similar documents, for the J ohn Anson Ford Park Infiltration Cistern Project , and Zusser has refused to comply, first under an assertion of mediation privilege, and later under an assertion of irrelevance in the absence of the City identifying the evidence prompting its inquiry. In the unanticipated event that Zusser now claims that it did not understand that the City was requesting this information, the City’s request is renewed, and Zusser s hall provide such documents to the City immediately. Time is of the essence. As to Nationwide’s bid, City staff is of the opinion it is responsive and that the responsibility accusations against it do not rise to the level of non-responsibility. This is particularly true because those non-responsibility accusations have not been adjudicated and Nationwide, unlike Zusser, has demonstrated candor with respect to the matters it has been permitted to address. To the extent Nationwide has not addressed other matters raised by Zusser, it is because Zusser unconscionably withheld such information from prior correspondence so that it could deprive Nationwide of notice and an opportunity to respond. For Zusser to claim that its due process rights are being violated, and then turn around and egregiously “sandbag” its business competitor with last minute non- responsibility accusations to which it has been deprived an opportunity to respond to, smacks of bad faith. For the avoidance of doubt, t he undersigned would appreciate if counsel going forward limit their communications with the undersigned to writings upon which counsel of record for the other of the three (3) lowest bidders are copied. Sincerely, Grant R. Orbach for BEST BEST & KRIEGER LLP GRO:ab Encl.: Correspondence Since January 11, 2024 1 Grant Orbach From:Grant Orbach Sent:Tuesday, January 30, 2024 4:21 PM To:'Hack, Marion T.'; 'Robert Niesley'; 'cm@smtdlaw.com' Cc:'Rosenberg, Michelle B.'; Amanda Marutzky Subject:FW: Re: Counsel, KASA Construction, Inc.’s ex parte advocacy, albeit apparently confined to positions taken within its papers, could be perceived as an attempt to (a) deprive the lower bidders of their due process rights and (b) instigate a serial meeting in violation of the Brown Act. I am forwarding the email so that if any of the lower bidders take issue with its contents they have an opportunity to be heard in the matter. Thanks, -Grant From: Enrique Vega <enrique@principiagroupllc.com> Date: Tuesday, January 30, 2024 at 12:54 PM To: Daniel "Danny" Damian <DDamian@baldwinpark.com>, Emmanuel J. Estrada <EEstrada@baldwinpark.com>, Alejandra Avila <AAvila@baldwinpark.com>, Monica Garcia <Monica_Garcia@baldwinpark.com>, Jean M. Ayala <JAyala@baldwinpark.com> Cc: Enrique Zaldivar <EZaldivar@baldwinpark.com>, Sam Gutierrez <SGutierrez@baldwinpark.com>, Romany Basilyous <RBasilyous@baldwinpark.com>, Squinonez@baldwinpark.com <Squinonez@baldwinpark.com> Subject: Re: [CAUTION: External Email -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good Afternoon Councilmember Damian, Thank you very much for your prompt response. We appreciate the opportunity to share our concerns with you, your colleagues, and your staff. I am writing on behalf of KASA Construction, which submitted a bid for the Barnes Park Stormwater Capture Project. As you may be aware, KASA also submitted a Formal Bid Protest against the lowest bidder, Zusser Company, and the second lowest bidder, Nationwide Contracting Services. KASA identified several issues of concern in both proposals submitted by Zusser and Nationwide. Fitness, Ability, Capacity, Experience ·At the end of the day, this is a park project, and amongst other things, there was a decent amount of Storm Drain work, which the Zusser and Nationwide are more versed in than KASA, and that is why they bid on the project. The amount of Storm Drain work is a small percentage of the overall bid. · If it was just a park project, neither Zusser nor Nationwide would have even bid on the project because parks are not what they specialize in. If there was a PRE-QUAL, which there typically is and You don't often get email from enrique@principiagroupllc.com. Learn why this is important 2 requires the General Contractor to have built X amount of Parks in a certain period of time, neither would have likely qualified, but KASA would have. Additionally, KASA listed a very experienced and qualified sub to perform the underground storm drain, which is all the company does. Failure to comply with DIR Prevailing Wage Requirements (Zusser) · Zusser's history of performing public works projects is also problematic. According to the public record, the California Department of Industrial Relations published Case No. 19-0134- PWH against Zusser on 08/18/2022 regarding the Civil Wage and Penalty Assessment issued concerning the work Zusser performed on the LADWP Lagoon Refurbishment (which was listed as a project reference). According to the DIR, Zusser was assessed $653,177.48 in penalties for a variety of failures, including but not limited to A) Apprenticeship violations, B) Prevailing wage violations, including regular and overtime rates, C) Misclassifying workers on the project, D) Training fund contribution violations E) Liquidated damages associated with the incorrect wages · The City investigated this claim by KASA and determined that Zusser appears to be a NON- RESPONSIBLE bidder. This determination was not solely based on the reasons alluded to in the Protest relating to Zusser's record before the Department of Industrial Relations but also because the investigation's findings did not instill confidence in staff that Zusser "has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to perform the public works contract satisfactorily." · Unless Zusser can show good cause, City Staff intends to recommend that the contract be awarded to the next lowest responsive bidder, which it believes to be Nationwide. Failure to have the Technical ability, qualifications, and experience in constructing similar park projects (Zusser and Nationwide). · Upon reviewing the bid packages of both Zusser and Nationwide, it is without a doubt that both Zusser and Nationwide are not the most qualified vendors to be awarded this project. Both have very little to no experience with the intricacies required in order to build a park of this size. It appears both contractors listed only one Park project on their references. Proven Track Record and Competitive Pricing · KASA is one of the most respected Park builders in Southern California; KASA Construction is also an expert when it comes to heavy civil and street improvement projects. KASA self- performs several trades in-house and owns and operates its own machinery for total control over the work. KASA currently has 2 street improvement projects and four park projects. · KASA is not merely trying to leapfrog the two lowest bidders. In fact, as a result of Zusser being deemed a non-responsible bidder, the lowest bidders, Nationwide and KASA, are separated by approximately $150,000 on this multi-million-dollar project. · It is KASA's opinion that the City and Residents deserve the most qualified bidder for this project, not just the cheapest. · KASA Construction Inc. is by far the most experienced, qualified bidder for this project. Due to the aforementioned concerns and KASA's extensive experience in parks projects we respectfully request that the council award the contract for the Barnes Park Stormwater Capture Project to KASA Construction Inc. Thank you for your time and consideration of this matter. 3 Respectfully, Enrique Vega Vice President The Principia Group On Thu, Jan 25, 2024 at 5:41 PM Daniel "Danny" Damian <DDamian@baldwinpark.com> wrote: Hi Mr. Vega, Thank you for reaching out with your concerns. I welcome any points you would like to make regarding the project and recommend that you email them to me as well as to staff for the city council to take into consideration at the February 7th council meeting. Please CC the following CEO Enrique Zaldivar - Ezaldivar@baldwinpark.com Public Works Director Sam Gutierrez - Sgutierrez@baldwinpark.com Engineering Manager Romany Basilyous - Rbasilyous@baldwinpark.com Chief Deputy City Clerk Shirley Quinonez - Squinonez@baldwinpark.com Thank you! Daniel "Danny" Damian Councilmember City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 City Hall 626-813-5201 Fax 626-337-2965 Cell 626-634-1860 www.baldwinpark.com ddamian@baldwinpark.com City Hall is Closed on Fridays From: Enrique Vega <enrique@principiagroupllc.com> Sent: Thursday, January 25, 2024 4:31 PM To: Daniel "Danny" Damian <DDamian@baldwinpark.com> Subject: 4 [CAUTION: External Email -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good Afternoon Councilmember Damian, I hope this email finds you doing well. My name is Enrique and I am reaching out on behalf of a vendor that is looking to do work with the City of Baldwin Park. We would like to request a meeting to discuss the Barnes Project Stormwater Capture project bid which the city will be having a hearing for on February the 7th. We would like the opportunity to discuss some concerns that we have with some of the bidders and the project as a whole. We hope that we will be able to shed some light and highlight some issues we find problematic so that the City and the Residents of Baldwin Park get the most qualified vendor to complete the project. Thank you in advance for your time and consideration of this request. We look forward to hearing from you. Sincerely, Enrique Vega Vice President The Principia Group You don't often get email from enrique@principiagroupllc.com. Learn why this is important Marion T. Hack D 213.928.9885 marion.hack@troutman.com 167259427v2 Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com January 16, 2024 VIA E-MAIL Grant R. Orbach Best Best & Krieger LLP 500 Capitol Mall, Suite 1799 Sacramento, CA 95814 Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project THIRD REQUEST FOR EVIDENCE OF NON-RESPONSIBILITY - AMENDED Mr. Orbach: This letter is being submitted in response to the City of Baldwin Park’s (“City”) January 11, 2024 letter setting a hearing date for Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide) to demonstrate they are responsible bidders for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). Please refer to this letter as we have added additional information that was left out of the letter originally sent on January 15, 2024. The City is required to award the contract to the lowest responsible bidder. (See City of Baldwin Park’s Municipal Code §§ 34.27 through 34.38 [all contracts shall be awarded to the lowest responsible bidder pursuant to the public contract code].)1 Zusser’s bid was the lowest and its bid has already been deemed responsive by the City (See City’s letter dated December 12, 2023 at pg. 2). The City has nonetheless claimed Zusser is not responsible and has set a hearing to determine the responsibility of both Zusser and Nationwide, the second low bidder. Because of that determination of non-responsibility, the City must provide any evidence it is relying on in its determination of responsibility to Zusser, prior the January 19 date for briefing that the City has set. See City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871. The California Supreme Court is very clear on this very point: “prior to awarding a public works contract to other than the lowest bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his responsibility 1 . “[W]hen a public entity solicits bids, it represents, consistent with the statutory mandate, that if the contract is awarded, it will be awarded to the lowest responsible bidder.” (Kajima/Ray Wilson v. Los Angeles County Metropolitan Transp. Authority (2000) 23 Cal.4th 305, 315.) Grant R. Orbach January 16, 2024 Page 2 167259427v2 received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract.]; see also Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) To date the only evidence provided by the City is as follows: “The conduct described in the Decision of the Director of the California Department of Industrial Relations in Case No. 19-0134-PWH, and in addition on the basis of the fact that the results of its reference investigation did not give City staff confidence that Zusser ‘has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.’ (Public Code Section 1103).” (See December 12, 2022 letter.) Since this is the only evidence that the City has identified as the basis for questioning of Zusser’s non-responsibility, Zusser will provide additional rebuttal evidence by January 19 as requested by the City. If the City is basing its decision on any evidence “received from others or adduced as a result of independent investigation” regarding the City of Bell Gardens project or any other information, the City must provide that evidence and Zusser will respond accordingly. Zusser is not required to rebut evidence that has not be presented nor can it. Wholesale requests for records that are not the basis for the City’s non-responsibility determination is not appropriate nor relevant. If the City has evidence of specific issues as to the City of Bell Garden’s project, Zusser must be informed of such so it can prepare a response and provide the appropriate documents to rebut said allegations. Of note, the City has not provided to Zusser any evidence of a negative reference obtained by the City. So far, the City has admitted that it did not contact all of Zusser’s references or that some of the references did not respond. (See December 20, 2023 Letter) If there is evidence of a negative reference, it must be provided to allow Zusser to respond. . Please confirm that the above evidence correctly reflects the record or if the City wishes to amend the record. If the City amends the evidentiary record, Zusser may need more time to respond. Sincerely, Marion T. Hack MTH cc: Misha Fyodorov EXHIBIT A Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com List of Parks and Athletic Field Projects Completed by KASA Construction 1. 1013ON –Ontario - Veterans Park 2. 1101RE – Redlands – Terrace Park 3. 1103MU – Murrieta - Torrey Pines Park 4. 1205ON – Ontario – South Bon View Park 5. 1208PE – Perris – Mercado Park 6. 1401RP – RPV – Abalone Cove Shoreline Park 7. 1402NM – NMC Builders – Mill Creek Wetlands Park 8. 1403RP – RPV – Abalone Cove Park - Restroom and Parking Lot 9. 1404ON – Ontario – Celebration Park 10. 1406FO – Fontan – Sierra Crest Park D 11. 1408BE – Bellflower – Flora Vista Dog Park 12. 1501NE – Newport – Back Bay Park 13. 1502OR – Orange – Grijalva Park 14. 1504RC – Rancho Cucamonga – Etiwanda Creek Park 15. 1505BE - Bellflower – Zinn Park 16. 1507MO – Moreno Valley – Palm Middle School Athletic Fields 17. 1511GL – Glendora – Drought Tolerant Landscape and Dog Park 18. 1605SP – South Pasadena – Dog Park Project 19. 1606TU – Tustin – Detention Basin Passive Park 20. 1608HU – Huntington Beach – Worthy Park 21. 1701RO – Rosemead – Jay Imperial Park 22. 1702OR – Orange - Yorba Park 23. 1704ON – Ontario – Celebration Park North 24. 1705RI – Rialto – Joe Sampson Park 25. 1708MV – Moreno Valley – J F Kennedy Park 26. 1804CH – Chino Hills - Los Serranos Park 27. 1805JV – Jurupa Valley – Riverbend Park 28. 1902FO – Fontana - Sierra Crest Park 29. 1905LF – Lake Forest – Portola Park 30. 1908CY – Cypress – Oak Knoll Park 31. 2009YU – County of San Bernardino – Yucaipa Regional Park 32. 2006WE – Westminster – Mendez Tribute Park 33. 2008OR – Orange – Handy Park 34. 2101CH – Chino - Discovery Park 35. 2102FO – Fontana – PA16 – Park Building the Foundation for our Future CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com 36. 2106GG – Garden Grove – West Haven Park 37. 2107JV – Jurupa Valley - Shadow Rock Park 38. 2107JV – Jurupa Valley – Adventure Park 39. 2107JV – Jurupa Valley – Discovery Park 40. 2109AD – Adelanto – Marconi Park 41. 2201MO – Monrovia – Lucinda Garcia Park 42. 2205SF – San Fernando – Layne Park 43. 2303WI – Winchester – KB Willow Glen Park 44. 2304EM – El Monte – Merced Ave Linear Park 45. 2305HO – Homeland – Countryview Park 46. 2307EA – Eastvale – JCSD Mt. View Park EXHIBIT B January 18, 2024 Kasa Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Subject: Letter of Recommendation To Whom it May Concern, I am writing to express my recommendation for KASA Construction, a company I have had the benefit of collaborating with on multiple projects. As Landscape Architect and Project Manager at David Volz Design, I have seen the successful completion of projects in collaboration with KASA Construction in various cities, including Cypress, Fontana, Irvine, Costa Mesa, and Norwalk. KASA Construction consistently demonstrated a high level of professionalism, dedication, and expertise . Their commitment to delivering exceptional results within the stipulated timelines and budget constraints is commendable. Their attention to detail, innovative approach, and adherence to industry standards have made them a valuable partner and team member. Furthermore, their collaborative approach with various agencies and municipalities, including those in Cypress, Fontana, Irvine, Costa Mesa, and Norwalk, reflects their commitment to building positive relationships within the community. KASA Construction has not only met but exceeded our expectations in terms of quality, safety, and overall project management. It is without hesitation that I recommend KASA Construction for any construction project. Their exemplary work ethic, professionalism, and track record of successful project deliveries make them an invaluable asset to any team. If you have any further questions or require additional information, please do not hesitate to contact me. Luis Pedraza Cardozo, Licensed Landscape Architect January 19, 2024 Via Email (grant.orbach@bbklaw.com) Grant Orbach Best Best & Krieger LLP 500 Capitol Mall, Suite 1700 Sacramento, CA 95814 Re: Nationwide Contracting Services, Inc.’s Supplemental Response to Bid Protest on the Barnes Park Multi Benefit Stormwater Capture Project (“Project”) Dear Mr. Orbach: As you know, this firm represents Nationwide Contracting Services, Inc. (“Nationwide”), who is the lowest responsive and responsible bidder on the Project for the City of Baldwin Park (“City”). We provide this letter in response to your letter dated January 11, 2024. Nationwide was the second lowest bidder on the Project. Kasa Construction Inc. (“Kasa”), on November 20, 2023, submitted a bid protest claiming that Nationwide’s bid should be found non-responsive. The City responded to Kasa’s letter and correctly found that Zusser Company, Inc.’s bid should be rejected, and that Nationwide’s bid was responsive. In response to the City’s request, Nationwide responded to Kasa’s bid protest on December 29, 2023.1 In that response, Nationwide provided evidence and explanations showing that Kasa’s bid protest was factually inaccurate and did not provide sufficient grounds for the City to deem Nationwide’s bid non-responsive. Nationwide’s bid is clearly responsive as it promises to do what the contract documents require. (See, MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 368.) Moreover, Nationwide has duly provided information and support refuting Kasa’s bid protest and showing that its bid substantially conforms to the bid documents. This is all that is required under California law. (See Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1198-1199 [bids that substantially conform to a public agency’s request but contain some error or irregularity may be accepted].) As a last-ditch effort, Kasa submitted a second bid protest letter on December 21, 2023. This second protest letter was sent months after the bid date, and for the first time, Kasa requested that the City determine whether Nationwide is a responsible bidder and 1 Nationwide incorporates its December 29, 2023, response and does not intend to restate the arguments and evidence previously provided to the City. Grant Orbach Best Best & Krieger LLP January 19, 2024 Page 2 of 4 raised again arguments that were previously rejected by the City.2 Kasa should not be permitted to submit multiple bid protests asserting new and different arguments, the City should reject Kasa’s protests and the City should award the Project to Nationwide the lowest responsive and responsible bidder. Clearly, Kasa’s actions are not only unnecessarily dragging out the City’s contracting process, but Kasa’s actions exemplify why disgruntled high bidders should not be allowed to scour bids for inconsequential issues hoping to find immaterial errors. (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1189 [“It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal . . . after the fact, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his [or hers], a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.”].) It is well established that a public entity must “notify the low monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract.” (City of Inglewood-Los Angeles County Civic Center Auth. v. Sup. Crt. (1972) 7 Cal.3d 861, 871.) Here, the City has only provided Nationwide with Kasa’s December 21, 2023, letter as “evidence” in support of conducting a non-responsibility hearing. Kasa’s December 21 letter, however, is factually inaccurate and does not provide a good faith basis for deeming Nationwide a non-responsible bidder. Clearly, if Kasa had sufficient grounds to assert that Nationwide was non-responsible, it would have included those grounds in its original protest and provided sufficient notice and information for Nationwide to properly respond. Instead, Kasa has asserted conclusory arguments based upon a misunderstanding of Nationwide’s experience, a misreading of the bid documents, and a misunderstanding of California law. As part of its bid protests, Kasa boldly concluded that Nationwide has “little to no experience with the intricacies required in order to build a park of this size.” Kasa provides no evidence in support of this argument. Rather, Kasa’s sole basis for this argument is that: “It appears both contractors listed only one Park project on their references.” Notably, this project did not require pre-qualification. Furthermore, the City as part of its awarding of the Project is fully capable and able to independently assess a bidder’s 2 In its November 20 bid protest, Kasa appears to argue that Nationwide should be found a non- responsible bidder, but Kasa provides no specific evidence or arguments to support this position. Indeed, in each of the paragraphs addressing Nationwide’s bid, Kasa argued that Nationwide’s bid was “non-responsive”. Although paragraph 8 of Kasa’s November 20 bid protest is titled “Non- Responsible Bidder”, nothing in that paragraph discusses responsibility, and instead, Kasa argues that Nationwide’s bid is non-responsive. Grant Orbach Best Best & Krieger LLP January 19, 2024 Page 3 of 4 experience and call on the bidder’s references to verify the bidder’s abilities.3 Kasa’s attempts to create its own standards in the bid documents is irrelevant and not appropriate under California law. How Kasa views the project requirements or what Kasa deems to be a similar project has no weight on the City’s analysis or decision. If every disgruntled high bidder’s argument regarding a lower bidder’s experience was sufficient grounds to hold a responsibility hearing, then the public works construction industry would be delayed indefinitely. Moreover, as discussed in Nationwide’s December 29 letter, Kasa’s assumptions regarding Nationwide’s experience are factually wrong. Nationwide has provided the City with its relevant experience and is prepared to partner with the City to complete this project. Kasa’s belated attempt to raise a pending litigation involving Nationwide is also irrelevant and not germane to the City’s analysis. Nationwide acknowledges there is a litigation currently pending in United States District Court between Nationwide and the Laborer’s Trust Funds. This is a disputed claim, and the action involves accounting discrepancies concerning contributions made by Nationwide during a specific time period. During that time, Nationwide was performing work on various projects including projects it believes were not subject to Trust Fund contributions. The parties are currently engaged in exchanging information to resolve this matter. The Trust Funds previously reduced their proposed assessment due to Nationwide voluntarily providing information, and Nationwide believes the current calculations are still inaccurate. Nothing in the Laborer Trust Funds claim suggests that Nationwide acted with an intent to deceive or that Nationwide’s actions were untrustworthy. In fact, Kasa offers no evidence or legal argument to support its argument that a pending dispute over trust fund contributions is grounds for finding a bidder non-responsible. Turning to the remaining arguments in Kasa’s December 21, letter, and as previously discussed in Nationwide’s December 29 letter, Kasa incorrectly claims that Nationwide’s bid should be deemed non-responsive because Jon Gilmer Construction was not licensed at the time of bid. It is clear from the printouts from CSLB website provided by Kasa, (see Exhibit B), and the relevant statutes that the basis for Jon Gilmer Construction’s license being suspended was its failure to renew the worker’s compensation insurance. The License Status section of the CSLB license detail explains that Jon Gilmer Contruction’s “[l]icense is under suspension for failure to comply with Workers Comp.” More importantly, it goes on to explain that [a] workers’ compensation certificate or exemption statement may have been received by the Board but not yet processed. Once the certificate or exemption statement is processed the suspension will be lifted retroactively to the effective date of the certificate or exemption statement. Ask the 3 Although not required by the bid documents, Nationwide provides the enclosed additional references to the extent necessary to assist the City’s analysis. (See Exhibit A). Grant Orbach Best Best & Krieger LLP January 19, 2024 Page 4 of 4 contractor for proof of worker's compensation and contact the insurance company to verify coverage. (Exhibit B [emphasis added].) Under California law, Jon Gilmer Construction would have been licensed at the time of bid and able to contract with Nationwide had it timely resolved its worker’s compensation audit. Specifically, under California law, Jon Gilmer Construction had until December 21, 2023, to resolve its worker’s compensation audit and have its license activated retroactively to September 21, 2023.4 (Bus. & Prof. Code, § 7125.1, subd. (a).) Jon Gilmer Construction represented that its worker’s compensation insurance was being resolved prior to bid and Nationwide correctly listed Jon Gilmer Construction in its bid. Under California law, Nationwide is entitled to substitute a subcontractor if the subcontractor’s license is subsequently suspended.5 (Pub. Cont. Code, § 4107, subd. (a)(6).) Finally, Nationwide provided sufficient evidence showing EverFence’s experience and qualifications. Nothing in Kasa’s bid protest or the bid instructions indicate that EverFence’s experience is a basis for rejecting Nationwide’s bid. Based upon the foregoing, Nationwide again requests that the City deny Kasa’s two bid protests, and award the Project contract to Nationwide, the lowest responsive and responsible bidder on the Project. Sincerely, SMTD LAW LLP Christopher Morrow cc: Client 4 As discussed in Nationwide’s December 29 letter, per the CSLB’s website, Jon Gilmer Construction’s worker’s compensation insurance was active through September 21, 2023, and Jon Gilmer had 90 days from that date to resolve any issues with its worker’s compensation carrier. 5 Nor is listing an unlicensed subcontractor the kind of error in arithmetic or clerical mistake in filling out the bid that would have entitled Nationwide to withdraw its bid without penalty. (See Pub. Cont. Code, § 5103; MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 376-377.) Because listing Jon Gilmer Construction would not have allowed Nationwide to withdraw its bid without penalty, Nationwide could not have gained a competitive advantage. Marion T. Hack D 213.928.9885 marion.hack@troutman.com 167244907v2 Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com January 19, 2024 VIA E-MAIL Grant R. Orbach Best Best & Krieger LLP 500 Capitol Mall Suite 1799 Sacramento, CA 95814 Re: BID PROTEST DISPOSITION AND ORDER TO SHOW CAUSE Barnes Park Multi Benefit Stormwater Capture Project Hearing Briefing of Zusser Company Inc. Dear Mr. Orbach: This letter is being submitted in response to the City of Baldwin Park’s (“City”) January 11, 2024 letter setting a hearing date for Zusser Company, Inc. (“Zusser”) and Nationwide Contracting Services, Inc. (“Nationwide) to demonstrate they are responsible bidders for the Barnes Park Multi Benefit Stormwater Capture Project (“Project”). Zusser, as the lowest responsible bidder, disputes that it is a nonresponsible contractor as outlined by California Law and does not waive and hereby reserves any objections to these hearings. I. THE CITY’S MUNICIPAL CODE REQUIRES IT TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, ZUSSER The City is required to award the contract to the lowest responsible bidder. (See City of Baldwin Park’s Municipal Code §§ 34.27 through 34.38 [all contracts shall be awarded to the lowest responsible bidder pursuant to the public contract code].) “[W]hen a public entity solicits bids, it represents, consistent with the statutory mandate, that if the contract is awarded, it will be awarded to the lowest responsible bidder.” (Kajima/Ray Wilson v. Los Angeles County Metropolitan Transp. Authority (2000) 23 Cal.4th 305, 315.) Zusser’s bid was the lowest and its bid has already been deemed responsive by the City (See Exhibit 1, City’s letter dated December 12, 2023 at pg. 2). While the base bids for the three bidders (KASA, Nationwide, and Zusser) were close, the overall Project consists of the base bid plus alternatives. Taking the base bid plus the alternatives into account, the overall bid prices differ significantly. Indeed, KASA’s overall bid is $1,451,847 higher than Zusser’s overall Sam Gutierrez Grant R. Orbach January 19, 2024 Page 2 167244907v2 bid and Nationwide’s overall bid is $685,056 higher than Zusser’s. Thus, if the City does not accept Zusser’s lowest responsive bid, it will be paying significantly more money for this Project.1 This would be waste of public funds and precisely why the City Charter requires the City to award contracts to the lowest bidder. The City has a fiscal responsibility as well as a legal responsibility to accept the lowest responsive bid. Furthermore, a finding of nonresponsibility is a serious accusation which would have a major effect on Zusser, who is a small family-owned company. Zusser would have no choice but to fight such a finding in litigation and appeal if necessary. Thus, the City would not only be paying significantly more for the Project but would also be required to pay hundreds of thousands of dollars in legal fees over unnecessary protracted litigation. Fees incurred to defend such litigation are not recoverable. When looked at as a whole, there is no financial benefit to rejecting Zusser’s lowest bid. II. THE CITY HAS FAILED TO PROVIDE ANY EVIDENCE OF ZUSSER’S INABILITY TO PERFORM THE CONTRACT As a matter of law, Zusser is entitled to all evidence upon which the City is relying in its determination of nonresponsibility. (See Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369; City of Inglewood-L.A. County Civic Center Auth v. Superior Court (1972) 7 Cal.3d 861, 871.) Notwithstanding, the City has not provided such evidence despite four requests from Zusser for said evidence. Disturbingly, the City has also been inconsistent as to the reasons why Zusser is a nonresponsible contractor. On December 12, 2023, Zusser received a letter from the City rejecting KASA’s bid protest in which the City stated that Zusser was not a non-responsive bidder but that it appeared to be a nonresponsible bidder based on Zusser’s “substantial, repeated, bad faith violations of prevailing wage law.” (See Exhibit 1.) Yet no such examples of “repeated, bad faith violations” were ever provided by the City. The City was apparently basing this statement on one decision by the DIR on a project that was 10 years old where there was no finding of bad faith. The City has never provided any evidence of “repeated, bad faith violations.” On December 14, 2023, Zusser wrote a letter to the City requesting the City provide it with “any evidence reflecting upon [Zusser’s] responsibility received by others or adduced as a result of an independent investigation” as required under California law.2 (See Exhibit 2.) The City had claimed that the “results of its reference investigation did not give City staff confident (sic)” that Zusser was a responsible contractor. (See Exhibit 1, pg. 2.) But, shockingly, on 1 We are informed that the funds for the base bid come from a grant but the alternatives must be paid from the City’s own funds. Thus, not awarding the contract to Zusser would deprive the City of a direct savings of between $685,056 and $1,451,847 and would make the alternatives potentially infeasible. 2 (See City of Inglewood-L.A. County Civic Center Auth v. Superior Court (1972) 7 Cal.3d 861, 871; Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) Sam Gutierrez Grant R. Orbach January 19, 2024 Page 3 167244907v2 December 20, 2023, the City’s counsel admitted the City did not contact every reference listed in Zusser’s bid and that some of the references did not respond to the City. (See Exhibit 3.) The City admittedly had no evidence of negative references received for Zusser. Despite this lack of evidence, the City required Zusser to provide further information on five specific projects without any basis for asking for such information. On December 22, 2023, Zusser provided a fulsome response demonstrating that Zusser is the lowest responsibility bidder including descriptions of Zusser’s work on these projects, whether projects were completed timely, and whether any disputes on the project or warranty issues. (See Exhibit 4.) Despite Zusser fully responding to the City’s requests, on January 11, 2024, the City sent a letter to KASA, Nationwide and Zusser, setting the date for a hearing on nonresponsibility and yet again asking for more information on a project that Zusser did for the City of Bell Gardens. (Exhibit 5.) Yet the City has never provided any evidence which would support a conclusion that Zusser was a nonresponsible contractor based on Zusser’s work on the Bell Gardens project. Zusser has already provided the following information on that Project, including new information as highlighted: The John Anson Ford Park Infiltration Cistern Project in Bell Gardens, CA involved construction of a diversion structure and subsurface infiltration basin beneath the park to capture and recharge both dry-weather and storm runoff. The work involved construction of subsurface infiltration cistern, pretreatment unit, reinforced concrete box culverts and vaults, installation of storm drain, sewer, park restoration, monument signs, landscaping, irrigation and flat concrete. This project has achieved substantial completion. Zusser has claims for extra work and owner-caused delays while the City of Bell Gardens has assessed liquidated damages against Zusser. Zusser contends that any delays that were not owner-caused, were the fault of its supplier, Jensen Enterprises, Inc. Jensen had difficulties with the fabrication of its precast concrete boxes which resulted in repair work and delays. Jensen used a dry-cast method which has since been banned for use in cistern systems by several public agencies. In fact, because of bad experience at Bell Garden Project, the same designer, CWE, has specifically prohibited the use of the dry-cast method for stormwater infiltration system in Barnes Park. (See Exhibit 6 page D-51 of project specification paragraph WSI-1 2, “Dry - cast units may not be used.”) The parties are currently in the ADR process with a mediator pursuant to the provisions in the contract and thus are unable to provide you with mediation protected materials. Zusser believes that the claims between itself and the City will be resolved shortly. No lawsuits, demands for arbitration, or other legal actions have been filed to date. Sam Gutierrez Grant R. Orbach January 19, 2024 Page 4 167244907v2 If the City has evidence “received from others or adduced as a result of independent investigation” regarding something specific to the Bell Gardens project, then Zusser will respond to those specific allegations. But providing claim documents without any context would be irrelevant and ultimately useless to the City’s analysis of responsibility. The City has no personal knowledge of the Bell Gardens project or the claims. It is a mystery why the City needs these documents, unless the City is withholding information that it has received on that particular project. We would hope that the City would not violate the law so brazenly. Again, Zusser will provide any document the City needs in order to rebut any evidence that the City has “received from others or adduced as a result of independent investigation” regarding the Bell Gardens project. On January 15 and 16, Zusser asked the City, for the third and fourth time, of any evidence reflecting upon Zusser’s nonresponsibility so that Zusser could properly rebut or respond to this evidence. (See Exhibits 7 and 8.) The City must provide all evidence “received from others or adduced as a result of independent investigation.” (City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871.) To date, the City has provided no such evidence except questions regarding a DIR issue which will be discussed below. III. ZUSSER IS A RESPONSIBLE CONTRACTOR Indeed, while the City has provided no evidence to suggest Zusser’s inability to perform the contract at issue, Zusser has twenty years of successfully performed projects. Zusser is a family run general contractor specializing in public works that serves the greater Los Angeles and Orange County as well as Riverside, Imperial and Ventura Counties. Zusser has successfully performed similar projects to this Project including a wide variety of underground water storage, stormwater capture, and other water systems. In addition, the projects include a variety of public parks and various trades including but not limited to electrical, concrete, structural, demolition, grading and excavation, asphalt, masonry, utilities, sewer, drainage, water lines, and design and survey. Examples of these projects, as requested by the City, include: The West Hollywood Pan Pacific Retention Basin Diversion Gate & Control House Upgrade Project involved replacement of existing slide gate, upgrading the mechanical, electrical, and control systems for the new slide gate, and construction of a new control house within the Pan Pacific Retention Basin. The initial contract scope has been entirely fulfilled. The outstanding tasks involve miscellaneous additional electrical work initiated by the County. The anticipated completion date for these remaining tasks is currently set for January 2024. This schedule aligns with the overall contractual timeframe as allocated. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. Sam Gutierrez Grant R. Orbach January 19, 2024 Page 5 167244907v2 The Point Dume Staircase Replacement Project involved removal of existing the stairway and construction of new stairway with an ADA trail above the staircase in Malibu, CA. This was an extremely technically complicated project involving work on an almost 90-degree slope. Despite the technical challenges, this project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. LADWP Lagoon Refurbishment involved construction of a liner basin of over 7,000 linear of PVC, on-site screening of over 6,000 cy of underdrain rock, disposal of hazardous materials, refurbishment of existing valve structures and installation of electrical panes and utility cabinets. This project was completed successfully and on time. There were no disputes on this project with the owner and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. Zusser is currently appealing a decision from the DIR in the Los Angeles Superior Court which involves wage classification, as more fully discussed below. Robert B. Diemer Water Treatment Plant Fire & Portable Water Pump Station involved construction of the treatment plant and pump station including mechanical pipe work, structural concrete, flat concrete, electrical work, piles, shoring and excavation, structural steel, and site work. This project was completed successfully and on time. There were no disputes on this project and all issues regarding extra work were resolved through mutually agreed change orders. In addition, there were no warranty issues on this project. Further, Zusser already provided a letter from its surety stating that based on its investigation, Zusser is a company well versed in the construction industry with a great depth of experienced people, known for their ability to complete contracts on schedule, within budget and with exceptional workmanship. (See Exhibit 9, Surety Letter.) In its almost twenty years in business, Zusser has attained a network of reputable subcontractors, designers, and surveyors that meet its stringent quality and dependability requirements. Lastly, Zusser has enclosed a number of positive references from public entities herein. (Exhibit 10, References.) Accordingly, Zusser is fully capable of satisfactorily performing the contract for the Project and is the lowest responsible bidder on the Project. The City has no competent evidence to the contrary. Sam Gutierrez Grant R. Orbach January 19, 2024 Page 6 167244907v2 IV. THE DIR DECISION IS NOT RELEVANT TO ZUSSER’S PERFORMANCE ON THE CONTRACT NOR ITS TRUSTWORTHINESS The only piece of evidence Zusser has been provided, and therefore the only evidence which Zusser is required to respond to, is the DIR decision on a 10-year old project. The Decision of the Director of the California Department of Industrial Relations in case No. 19- 0134-PWH did not include any finding of bad faith and instead involved a disagreement over a worker classification issue. Moreover, this decision is currently being appealed in the Los Angeles Superior Court, thus this current decision is not final. The DIR’s decision was based on a determination that Zusser misclassified sewer and storm drain pipelayer workers on the project. Zusser contends that the alleged misclassification is not supported by the evidence. Indeed, the DIR decided to reclassify the workers as pipefitters because it claimed the lagoons on the project were connected to a plant, yet the evidence demonstrated that when Zusser performed work in the lagoons, there was no connecting pipeline to any facility. The uncontradicted evidence is that Zusser’s work was performed exclusively in the lagoons, which would make Zusser’s classification of the workers the correct one. Additionally, the main point of contention is not whether the Plant and Lagoons were connected, but the fact that refurbishment of waste solids lagoons did not involve any water treatment components typically associated with specialized pipefitting trades in the water treatment plans. Therefore, the use of pipelayers for sewer and storm drain, applicable to underground piping including solid waste disposal was totally appropriate for the scope of this project which was refurbishing of refurbishment of lagoons used for solids disposal and includes modifications to the existing piping system. In any event, this decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) This is a simple disagreement on how a small portion of workers were classified on a job. Zusser had a right to contest what it proved was an incorrect classification of workers. There was no finding of bad faith on the part of Zusser nor could it be. The project is 10 years old and Zusser has performed numerous projects with prevailing wage worker since that time. Despite this issue, other public entities had no issue considering Zusser a responsible contractor because this issue had no impact on whether Zusser could competently perform the work on their Projects. Zusser has successfully completed several dozen projects since this issue arose. a. The Operating Engineer and Labor and Cement Misclassification Issue Is Not Relevant The DIR Decision found that Zusser misclassified workers in the Operating Engineer and Laborer classifications and underpaid workers classified as Cement Masons. Zusser made a Sam Gutierrez Grant R. Orbach January 19, 2024 Page 7 167244907v2 financial decision not to fight the DIR decision regarding the reclassification of these workers due to the legal costs of doing so and the fact that two workers involved in the alleged misclassification have since passed away. Notwithstanding, Zusser maintains that these workers were appropriately classified and that if there was any misclassification, it was due to a good faith error. However, Zusser notes that the wages of laborers and cement masons are almost the same and therefore the alleged misclassification did not cause harm to the employees. This issue was also a difficult one to provide evidence for records in the field were not clear as to which classification was appropriate as these trades often overlap. Since that time, Zusser set up a state-of-the-art system to avoid misclassification and claims in the future, which has been very successful. In order to “promptly and voluntarily” prevent any future misclassification, Zusser set up a system to prevent these misclassification issues that are common on projects with prevailing wages. Over the years, in order to eradicate any potential worker misclassification, Zusser has developed one of the most sophisticated four-way classification tracking system in the industry. This consists of (1) a special cell phone (or tablet) application to track daily reporting and tasks of individuals in near real time; (2) full-time solar-powered cameras installed on project locations which allows a timekeeper to double check employee tasks and classifications throughout the day and during payroll preparation; (3) a time sheet which reflects classification, work performed, and hours worked; and (4) check boxes within timecard which allow workers to certify that the classifications listed are correct. (See Exhibit 11, examples of Zusser’s system.) If any data entry mistakes are discovered, they are corrected typically by the next pay period.3 Zusser had gone above and beyond to make sure DIR issues are mitigated. These are not the actions of a contractor that is not responsible, rather it is the height of responsibility. It is doubtful, that Nationwide and/or KASA have developed such a robust system to ensure proper classification of workers. Finally, it should also be noted that the alleged misclassification here had no bearing on Zusser’s timely and quality performance of this project. Indeed, the project was completed on time and to the complete satisfaction of the owner. Again, we reiterate the fact that the DIR decision certainly has no bearing on Zusser’s “trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” (Pub. Contract Code § 1103.) As stated in our prior letters to the City, in the almost ten years since the project at issue in the DIR’s decision, Zusser has been deemed a responsible contractor on several dozens of public works projects in California, involving hundreds of workers under prevailing wages. (See Exhibit 12, portfolio.) 3 It should be noted that pay checks are always released regardless of any claim by the worker that the hours, classifications, work description or rates are wrong, or injuries reported. (Id.) Sam Gutierrez Grant R. Orbach January 19, 2024 Page 8 167244907v2 VI. THE CITY CANNOT EMPLOY FAVORITISM IN ITS AWARD The “purpose of requiring governmental entities to open the contracts process to public bidding is to eliminate favoritism, fraud and corruption; avoid misuse of public funds; and stimulate advantageous marketplace competition.” (Marshall v. Pasadena Unified School Dist. (2004) 119 Cal.App.4th 1241, 1256.) “Although public bodies have discretion to determine which bidders are responsible, they may not, if they determine more than one bidder is responsible, make the award on the basis of relative superiority.” (Boydston, supra, 222 Cal.App.3d 1362, 1369 [emphasis added].) In City of Inglewood-L.A. County Civic Center Auth, supra, 7 Cal.3d 861, after the civic center authority awarded a contract who was not the lowest bidder, it was found that the award was based on a determination that the higher bidder was relatively superior in ability to perform the work. In setting aside the ruling, the Court of Appeal found that the statute had no basis for applying the relative superiority concept and rather the civic center authority was required to award the contract to the lowest bidder, unless that bidder was found not responsible, i.e. not qualified to do the particular work under consideration. Here, the City may not similarly apply the concept of relative superiority where all three low bidders have allegations which might be used to challenge the “trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract.” Instead, the City must award the contract to the lowest bidder—Zusser. Each contractor here has issues which could lead to a subjective determination that the bidder is nonresponsible.4 Nationwide has a pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-00521, filed on March 22, 2023. (Exhibit 13.) This lawsuit involves claims that Nationwide owes the Construction Laborers Trust Funds damages due to Nationwide’s failure to make monthly benefit contributions for its employees. This is a recent serious allegation and far more relevant that Zusser’s DIR dispute. Here, Nationwide is accused of not paying for employee’s retirement funds. Another recent pending lawsuit was filed against Nationwide by the Creditors Adjustment Bureau, Inc. in Orange County Superior Court, Case No. 30-2022-01296113-CU-BC-NJC. (Exhibit 14.) In this lawsuit, the plaintiff, as the assignor of the State Compensation Insurance Fund, claims that Nationwide failed to pay premiums on the workers compensation insurance policy provided by the assignee. Again, this is a serious allegation in which Nationwide is accused of not paying workers comp insurance premiums. In a third lawsuit filed in the Orange County Superior Court, Case No. 30-2023- 01326343-CU-BC-NJC, homeowners sued Nationwide for construction defects. (Exhibit 15.) This pending lawsuit goes directly to Nationwide’s fitness and capacity to perform work on a project. Thus, the second low bidder Nationwide is involved in three court actions, that are more persuasive evidence as to the ‘trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract” than the alleged evidence against 4 However, Zusser is not advocating that any of the bidders be deemed nonresponsible. Each bidder has been in business for many years and through that time run into issues that are normal for any business. The point is that one bidder’s issues cannot be held to a higher standard than similar issues experienced by the other bidders. Sam Gutierrez Grant R. Orbach January 19, 2024 Page 9 167244907v2 Zusser. Thus, any finding that Zusser’s one 10-year violation is an indicator of nonresponsibility over three lawsuits against Nationwide that involve alleged wage theft, construction defects and failure to insure employees, could only be considered favoritism. Moreover, in 2014, KASA was involved in a personal injury lawsuit filed in the San Bernardino Superior Court, Case No. CIVDS1414976. (Exhibit 16.) This case involved an automobile accident wherein the defendant was employed by KASA and driving a KASA vehicle. This lawsuit speaks to worker safety issues, a serious concern. It would be highly arbitrary and capricious for the City to hold Zusser to a higher standard that the other bidding contractors. The allegations against Nationwide and KASA are even worse than those made against Zusser—a single 10-year-old DIR decision that has no bearing on whether Zusser could perform the work on that project. Furthermore, the City has a history of awarding contracts to contractors with DIR issues. As an example, All American Asphalt was awarded a contract in June 2022 but there are DSLE claims against them reported in 2020 and June 2022, and it appears the June 2022 claim is still ongoing. (See Exhibit 17, record from DSLE.) PCN3 was awarded a contract by the City in 2022 and they also had a wage claim by the DSLE in 2012. (Id.) Clearly the City has never used DIR violations or decisions in determining contractors are responsible, so it is highly questionable that now, all of a sudden, Zusser’s alleged violation over a worker classification issue is a compelling reason to determine Zusser’s responsibility. VII. CONCLUSION The City’s “evidence” is clearly insufficient to classify Zusser as a nonresponsible bidder. Moreover, with respect to this Project, Zusser no doubt has the requisite trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. Zusser is fully capable of satisfactorily performing the contract for the Project and is the lowest responsible bidder on the Project. The City has no competent evidence to the contrary. Zusser is confident that it has demonstrate and will demonstrate that it is the lowest responsible bidder on this Project. Moreover, Zusser is fully prepared to pursue all legal remedies should the City decide to deny Zusser the contract on the basis of nonresponsibility. Sincerely, Marion T. Hack MTH cc: Misha Fyodorov Exhibit A R. REX PARRIS RAJ MALHI MAYOR COUNCILMEMBER MARVIN CRIST LAUREN HUGHES-LESLIE VICE MAYOR COUNCILMEMBER KEN MANN JASON CAUDLE COUNCILMEMBER CITY MANAGER 44933 Fern Avenue Lancaster, CA 93534 661.723.6000 cityoflancasterca.gov January 18, 2024 Sent Via Email Nationwide General Construction Services 7660 Liberty Dr., Huntington Beach CA, 92647 Re: LETTER OF RECOMMENDATION The City of Lancaster hereby expresses its commendation to Nationwide General Construction Services for their outstanding performance on the Lancaster Health District (Phase I), LACMTA Project ID# F9131. The team demonstrated expeditious and thorough submission of submittals, as well as timely issuance of Change Orders. Moreover, the team provided prompt and accurate Certified Payroll Records (CPRs) to our Labor Compliance team, fully complying with City regulations regarding payment to employees and subcontractors. The City of Lancaster recognizes and appreciates Nationwide General Construction Services' unwavering commitment to quality, timeliness, and compliance in this project. Sincerely, Araxie Kahramanian Analyst PW City Engineering AK:at Phone: 951-208-4320 Office E-mail: ucelectric1@yahoo.com 24849 Lorna Dr Moreno Valley, CA 92553 License No. #814643 UC ELECTRIC Sincerely, Carlos Urbina Sr. (909) 821-9182 Owner January 17, 2024 The City of Baldwin Park 14403 Pacific Avenue Baldwin Park, Ca 91706 Project: Barnes Park Multi-Benefit Stormwater Capture To whom it may concern, I am writing to express my recommendation for Nationwide General Construction Services, with whom i've had the pleasure of working closely with over the past 15+ of our company's 23.years. As a subcontractor, our professional relationship has been longstanding and positive. Nationwide General Construction Services' leadership has exhibited effective communication, proactive problem-solving abilities, and payment reliability. Their dedication to deliver high-quality results on time and within budget has been instrumental in the successful completion of numerous projects. Should you require further information or wish to discuss Nationwide General Construction Services in more detail, please feel free to contact me directly. Exhibit B D-51 SECTION SWI – STORMWATER INFILTRATION SYSTEM This specification describes a reinforced concrete subsurface storage and infiltration system, produced by a manufacturer that is regularly engaged in the engineering design and production of stormwater infiltration systems for at least five (5) years and which have a history of successful production, acceptable to the Engineer. SWI1 GENERAL SWI1-1 Design Requirements The following design requirements shall apply: 1. Precast concrete modular stormwater detention/infiltration shall comply with ASTM C858. 2. Dry-cast units may not be used. 3. Precast concrete subsurface infiltration system shall be sized in accordance with the following specifications: a. Subsurface infiltration system must have a minimum capacity of 1,346,400 gallons (about 180,000 cubic feet or 4.1 acre-feet) and a minimum footprint of 20,000 square feet. 4. System shall be designed so modules are aligned and have channels that extend to the bottom of the modules, allowing for relatively unrestricted fluid flow in both directions. 5. The invert of the system must be level and continuous to allow for maintenance. 6. Minimum structural design loading (ASTM C857) a. Total cover: as indicated on Plans b. Concrete shall be designed for AASHTO HS-20 wheel loading c. Minimum soil bearing pressure: 3,000 pounds per square foot (psf) d. Vertical and lateral soil pressures shall be determine using: i. Groundwater below invert ii. Lateral soil pressures to be based on active earth pressure 1. Lateral soil pressure (unsaturated) = 35 pounds per cubic foot (pcf) for 120 pcf backfill unit weight iii. Vertical soil pressures 1. Live load = HS-20-44 and Dead load = 120 pcf cover fill unit weight 7. Contractor to verify geotechnical requirements 8. Backfill on the sides of the precast system shall be structure backfill, ¾-inch crushed rock, or as recommended by the manufacturer and approved by the Engineer. Backfill over the top of the structure shall have a maximum unit weight of 120 pcf. December 14, 2023 To whom it may concern, Zusser Company Inc. successfully carried out and completed the “Park to Playa Trail: Stoneview Nature Center to Scenic Overlook” project in Culver City, CA. This project was awarded to Zusser Company Inc. by Los Angeles County Public Works. I worked on the project as the Los Angeles County Public Works Owner's Project Manager. If you have any questions, please call me at (213) 840-7004. Sincerely, Ryan Kristan PROJECT MANAGER Mikhail Fyodorov <zussercompany@gmail.com> RE: Fountain Valley Contractor Follow-up DeCoursey, Chris <ChrisDeCoursey@ocfa.org>Fri, Nov 22, 2019 at 12:47 PM To: Mark Bray <Mark.Bray@fountainvalley.org> Hi Mark, Please see my answers in RED below. Zusser is a good responsive firm! My cell is (714) 720-6066, if you need more and want to talk directly. Have a Happy Thanksgiving and Holidays! Chris DeCoursey, PE Construction Manager Orange County Fire Authority Office: 714-573-6473 | Mobile: 714- 720-6066 We visualize problems and solutions through the eyes of those we serve. From: Mark Bray [mailto:Mark.Bray@fountainvalley.org] Sent: Friday, November 22, 2019 10:47 AM To: DeCoursey, Chris <ChrisDeCoursey@ocfa.org> Subject: Fountain Valley Contractor Follow-up CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Chris, We opened bids for a small construction project yesterday and wanted to follow up with you regarding a contractor that listed you as a reference for Fire Station 42 Retaining Wall and Foundation Remediation. I am looking to get some input on Zusser Company, Inc. and would like to discuss when you have a minute. Things I am looking for are: Their professionalism, I principally dealt with Anton Fyodorov, Misha Fyodorov and Rick Rodriguez of Zusser and found them to be extremely professional, knowledgeable, and responsive. They self-performed most of the work scope on our project with the exception of Foundation/slab foam jacking and v-ditch installation. Their timeliness, They were excellent and very expedient on submittals, RFI’s, change requests, and certified payroll. They also handled agency compliance both State labor and City building department, documentation and test/inspection reports efficiently. They complete on budget. The project was completed nearly a month ahead of schedule. There were minor budget cost increase change orders for unforeseen subsurface conditions and improved value engineering installation which didn’t have a significant cost effect on the anticipated project budget (basically, under budget on the Agency’s anticipated CIP budget for the included work scope). I generally would like to know if you would hire them again. I would definitely work with Zusser again if the opportunity presents itself. In fact, Zusser has also successfully performed projects for OC Parks based on my recommendation and their performance. My cell phone is 949-344-1185. Thank you, Mark Bray PW Project Manager Full Time Cameras (Solar Powered) InstalledOnsite FullTimeCameras (Solar Powered) InstalledOnsite OnlineInterface forSiteCamera Footage Website automaticallyhas permanentarchivingofsitevideo/photosat 15minute intervals(maximum)atseveralcamera anglesduringsiteworkinghours. AllowsZussertore-visitthefullhistoryofprojectincludingthelaborerandequipmentonsiteduringaspecificdate/time. Online TimeCard ReportingSystem- Customdesignedelectronic timecard reportingsystemwhichtransmits informationtoouremail serverforpermanentarchivingofthe dailytimeresources.ThissystemisimplementedforZusserstaff touseonallprojects. Physical(Paper) TimeSheets Filledoutandsignedbyemployeewitheachpaycheck ZUSSER COMPANY, INC. COMPANY PORTFOLIO We would like to introduce Zusser Company, Inc. as a full-size service construction company specializing in public works, heavy-civil and municipal construction in the Greater Southern California area. Zusser’s expertise encompasses construction work such as excavation, grading, demolition, concrete work, rubber dam removal and replacement, infrastructure upgrades, park restoration, stormwater management, and more. Zusser has successfully completed projects for various clients, including government agencies such as the State of California, City of Whittier, County of Los Angeles, Inland Empire Utilities Agency, Los Angeles County Public Works, California Department of Parks and Recreation, and others. The projects involve diverse tasks such as rubber dam installations, staircase replacements, infiltration cistern construction, monument installations, and seismic retrofits. Zusser has demonstrated competence in managing contracts of varying amounts, ranging from smaller projects like the Buena Park Fallen Officer Memorial to larger-scale endeavors such as the San Gabriel River Rubber Dam Removal and Replacement and Bell Gardens Cistern Project. Zusser possesses both General Engineering A, Building Construction B, and Hazardous Substances Removal HAZ licenses. Zusser is fully insured and bonded. Zusser has a network of reputable subcontractors, designers, and surveyors that meet our stringent quality and dependability requirements. Please contact me at your convenience if you are interested in additional information or have any project you want to discuss. We enclosed some major project reference list along with selected photographs. TABLE OF CONTENTS 1.Our Values About Us Why Choose Zusser Values 2.Our Qualifications Relevant Experience 3.Our Team Resumes Zusser Company is uniquely qualified for today’s construction environment. Our successful track record in designing and building urban development and civil projects will enable us to produce an end product that will suit the needs of the client and all end users. Our experienced staff of planners, engineers, and builders approach each project with the future generations in mind. WHO WE ARE Zusser Company Inc. (ZCI) is a general contractor, construction firm that serves the greater Los Angeles and Orange County Area. ZCI is a family run business founded 19 years ago (2005) in a small home office in Orange County, CA. ZCI aims to plan, design, build, and deliver high quality projects with friendly professional, efficient, and sustainable service. We strive to implement a long-term relationship with our clients based on communication, transparency, trust, and an anticipation of their needs. WHY CHOOSE ZUSSER? Selecting Zusser Company for this your construction needs is a clear choice for several reasons-our extensive experience in all construction areas and trades and our commitment to client satisfaction. There is no project too big, too small, or too difficult. The greatest asset our team brings is our widespread success in construction. Our company has experience in everything from Rubber Dam Replacements in the Santa Ana River, to emergency pipe repairs for the Metropolitan Water District. This vast experience allows us to have established relationships with industry consultants and engineers and anticipate issues that are important to you. MISSION STATEMENT •Provide development, infrastructure, planning and environmental services to private and public clients in local, regional markets •Lead as professionals specializing in planning, design and construction •Look forward to the future with a commitment to building opportunities and value for our clients and ourselves •To deliver high quality projects with friendly, professional and efficient service •Build a long term relationship with our clients, based on full transparency, quality, and timely service . OUR VALUES INTEGRITY We value high ethical construction practices based on the values of honest and hard work. TEAMWORK Zusser’s goal is to collaborate with all team members associated with our projects including clients, partners, subcontractors, sub-consultants, and vendors. SAFETY Our goal is zero accidents and zero injuries with work tasks designed to minimize or eliminate hazards to personnel, process, equipment, and the general public. No employee should ever perform tasks that may endanger his/her own safety and health or that of other. When implemented, these requirements will help protect site personnel, visitors, and the public from exposure to potential safety and health hazards. QUALITY Zusser’s goal is the ensure we meet the target qualities and the owner’s expectations. This will be accomplished by monitoring and controlling the level of quality produced by the project, utilizing a Construction Quality Control Plan (CQCP) 1.New Building construction. 2.Electrical work. 3.Concrete works including Pavers and decorative concrete. 4.Structural work. 5.Demolition work. 6.Grading and excavation of the small and large scale project. 7.Asphalt paving and repairs. 8.Masonry and Block work. 9.Utilities: Sewer and Drainage. Manholes. 10.Water lines and water supply. 11.Design and Survey. 12.Emergency repairs. 13.Project management, estimating, and construction procurement. CONSTRUCTION EXPERIENCE Zusser specialized in the following Heavy Civil Construction: Highways and Roads: •Construction of roadways •Traffic control, temporary and permanent •Pedestrian bridge construction Dams and Reservoirs: •Installation of rubber dams for water storage and flood control •Constructing reservoirs and associated infrastructure •Installation of temporary water storage tanks Water and Wastewater Treatment Plants: •Building water treatment and pump stations plants for clean water supply •Constructing wastewater treatment facilities •Removal of sediment for aeration and desilting ponds Stormwater Management: •Constructing stormwater drainage systems •Building retention basins and flood control structures CONSTRUCTION EXPERIENCE Rubber Dam #3-County of Los Angeles Rubber Dam #3-County of Los Angeles Conejo Creek Maintenance Project Conejo Creek Maintenance Project Pipeline Construction: •Installing pipelines for potable, non-potable, and sewer distribution Urban Development Projects: •Construction of public spaces and Parks Levees and Flood Protection: •Building and repairing embankments for flood protection •Constructing flood control channels Educational Institutions: •Building schools and educational facilities, on campus Retaining Walls: •Segmented block retaining walls •Construction of slough walls and cast-in-place retaining walls •Re-compaction and repair of slope failures Landscape and Irrigation: •Planting of trees, shrubs, sod, and hydroseeding •Installation of irrigations systems for commercial landscaping •Large tree demolition and removal •Tree protection Fire Damage & Hazardous Material Clean-up: •Permitting and compliance for hazardous waste clean-up •Classification and disposal of RCRA and Non-RCRA hazardous waste •Demolition and removal of fire damaged properties CONSTRUCTION EXPERIENCE City of Pasadena- “Eastside Well Collector” City of Pasadena- “Eastside Well Collector”Woosley Fire Clean-upWoosleyFire Clean-up Zusser has experience in the following Park Construction: Walking Paths and Trails: Paved or natural pathways for walking, jogging, or biking Trail construction with materials like asphalt, concrete, gravel, or mulch Green Spaces and Lawns: Open areas with grass for picnics, sports, or relaxation Irrigation systems for lawn maintenance Sports Facilities: Soccer fields, baseball diamonds, or multi-use sports fields Public Art Installations: Sculptures, statues, and other artistic elements Restrooms and Amenities: Public restroom facilities Drinking fountains and waste disposal stations Lighting: Pathway lighting for safety and nighttime use Decorative lighting for accentuating features Informational Signage: Wayfinding signs and maps Parking Facilities: Parking lots or designated parking areas Bicycle racks for cyclists Security and Safety Features: Surveillance cameras systems Accessibility features, such as ramps and ADA-compliant pathways CONSTRUCTION EXPERIENCE City of Malibu-Malibu Bluffs Park City of Malibu-Malibu Bluffs Park City of Malibu-Legacy Park City of Malibu-Legacy Park County of Los Angeles- Pan Pacific Park County of Los Angeles- Pan Pacific Park Bell Gardens, CA PROJECT SUMMARY Agency: City of Bell Gardens -Public Works Contract Amount: $15,600,000 Architect: CWE, Inc. Completed: 2023 PROJECT SUMMARY •Construction of Subsurface Infiltration Cistern, Pretreatment unit, reinforced concrete box culvert and vaults. •Installation of storm drain, sewer, AC Pavement, Park restoration, monument signs, landscaping, irrigation system, and flat concrete. John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Bell Gardens, CA John Anson Ford Park InfiltrationCistern Malibu, CA PROJECT SUMMARY Agency: California Department of Parks and Recreations Contract Amount: $3,600,000 Completed: 2022 PROJECT SUMMARY •Remove existing stairway and construct a new timber & concrete stairway. •Build cast-in-drill concrete and encased timber pole foundation supports with topside landings and beach landings oriented to serve the primary path of travel. •Build ADA trail with native material, supported by timber restaging walls Point Dume Staircase Project Malibu, CAPointDumeStaircase Project Malibu, CAPointDumeStaircase Project Malibu, CAPointDumeStaircase Project Bell Gardens, CA PROJECT SUMMARY Agency: City of Bell Gardens -Public Works Contract Amount: $205,000 Completed: 2023 PROJECT SUMMARY •Construction of water, sewer, electrical utilities for the pre-fabricated restroom including preparation of the foundation Installation for a PrefabricatedRestroom at ABC Field Redondo Beach, CA PROJECT SUMMARY Agency: City of Redondo Beach Contract Amount: $900,000 Completed: 2012 PROJECT SCOPE Renovation of the Pier Deck Surface including Demolition, PCC Pavement, Interlocking Pavers, Decorative Concrete Banding, Site Furnishing, Channel Drains and Piping, Electrical Work, SWPPP Redondo Beach PierImprovements, Phase I Yorba Linda, CA PROJECT SUMMARY Agency: Metropolitan Water District of So. California Contract Amount: $5,000,000 Completed: 2012 PROJECT SCOPE •Construct Robert B.Diemer Water Treatment Plant Fire and Potable Water Pump Station including Mechanical Pipe Work, Structural Concrete, Flat Concrete, Electrical work. •Install 30” & 36” CIDH Piles. Shore and excavate up to 20 feet deep. Bore and Case 54” Steel Pipe. Install Structural Steel and Miscellanies Metals. Painting and Cathodic Protection. Site Work Including Demolition,Dirtwork, New Asphalt, Concrete, Retaining Walls and Landscape. Robert Diemer WaterTreatment Plant Fire &Portable Water Pump Station Savage Canyon Landfill,Whittier , CA PROJECT SUMMARY Agency: Whittier Utility Authority Contract Amount: $1,800,000 Completed: 2013 PROJECT SCOPE •Construction of a Lined Landfill Cell for Phase 2C at the Savage Canyon Landfill located in Whittier. •The work consist of Mass Excavation,Subgrade Preparation, Earthwork, Installation of High Density Polyethylene (HDPE)Geomembrane, Geosynthetic Clay Liner (GCL),Geocomposite, Geotextiles, HDPE and PVC Piping, Surface Water Control Structures. Phase 2C Liner Construction Colton, CA PROJECT SUMMARY Agency: City of Colton Contract Amount: $1,300,000 Completed: 2013 PROJECT SUMMARY •Construction of new Well Pumping Plant which includes Site Grading, Aggregate Base and Paving. Construct Well head Improvement including Pump Pedestal, Gravel Access and Construction of Well Pump Foundation. •Construction of Well Blow off Drain and Discharge Piping and Fittings, Concrete Structure, Chlorination System including 1,000 gal Containment Storage Tank, Pumps and Appurtenances. •Electrical Work including Building and Site work. Painting and Coating. Well Pumping Plant 30 at FoggStreet Ontario, CA PROJECT SUMMARY Agency: City of Ontario Contract Amount: $3,400,000 Completed: 2015 PROJECT SUMMARY •Water System Improvements including installation of 1,300 lf of CML&C water transmission pipeline, installation of RCP, connection to existing at various street intersection, traffic control, pavement repairs, street restoration, demolition. •Relocation of the existing Well No. 41 Chlorine Generation and Injection system, construction of CMU building, installation of a Single Pass Ion Exchange Perforate Wellhead Treatment System for Well No. 41. •Electrical and system integration work. Well No. 41 WellheadTreatment System Granda Hills, CA PROJECT SUMMARY Agency: Metropolitan Water District of So. California Contract Amount: $3,600,000 Completed: 2017 PROJECT SUMMARY •Construction of liner basin-over 7,000 linear of PVC, utility ductbanks, large maintenance holes, modification of existing maintenance holes, installation of standpipes, submersible pumps and turbidity meters •On-site screening of over 6,000 cy of underdrain rock, disposal of hazardous material, installation of 13,000 cy of crushed rock •Refurbishment of existing decant valve structures for four lagoons including asbestos and PCB abatement, •Installation of electrical panes and utility cabinets. LADWP Lagoon Refurbishment El Centro, CA PROJECT SUMMARY Agency: Imperial County Contract Amount: $8,100,000 Completed: 2019 PROJECT SUMMARY •Remove waste and impacted soil from site and re- grade to a uniform surface. •Removal & disposal of Cal-Haz waste and non- hazardous waste. •Onsite processing of existing concrete and placement of reclaimed concrete. Clean Closure of the CruickshankRoad Illegal Disposal Site Culver City, CA PROJECT SUMMARY Agency: County of Los Angeles Contract Amount: $1,800,000 Completed: 2018 PROJECT SUMMARY •Stone Nature Center to Overlook Segment: New decomposed granite trails, soldier pile retaining walls at slope hillsides, shoring, sire demolition, grading, excavation, interceptor drain, bench cuts at sloped hillsides, post and cable rails, fencing, landscape and irrigation Park to Playa Trail: Stone Centerto Overlook Segment Culver City, CAPark to Playa Trail: Stone Centerto Overlook Segment Culver City, CAPark to Playa Trail: Stone Centerto Overlook Segment Culver City, CA PROJECT SUMMARY Agency: County of Los Angeles Contract Amount: $110,000 Completed: 2018 PROJECT SUMMARY •Construction of the Martin Luther King memorial grove portion of the Park to Playa project-including manufacturing and installation of the obelisk •Site amenities including the seating, boulders, and engraving of boulders MLK Memorial Project Culver City, CAMLK Memorial Project Culver City, CAMLK Memorial Project Temecula, CA PROJECT SUMMARY Agency: Rancho California Water District Contract Amount: $3,000,000 Completed: 2019 PROJECT SUMMARY •Demolition and disposal of existing surface debris, polypropylene, geotextile liners, reinforced concrete. •Pond surface preparation, grading, excavation. •Install reinforced geomembrane and geotextile along the slopes and bottom of Pond. •Construct reinforced concrete dewatering sump, fiberglass grating, liner anchorage and related work. Recycled Water Storage PondRelining, Pond No. 1/2 Hollywood, CA PROJECT SUMMARY Agency: Los Angeles County –Public Works Contract Amount: $3,654,000 Completed: 2023 PROJECT SUMMARY •Replace existing slide gate, upgrade mechanical, electrical and control systems •Construct a new control house within the Pan Pacific Retention Basin in LA City Pan Pacific Retention BasinDiversion Gate & Control HouseUpgrade West Hollywood, CA Pan Pacific Retention BasinDiversion Gate & Control HouseUpgrade El Monte, CA PROJECT SUMMARY Agency: County of Los Angeles Contract Amount: $2,716,00 Completed: 2023 PROJECT SUMMARY •Removal of an existing Valley Rubber Dam#3 measuring 8’ in dia by 450’ in length, •Supplying and installation of a new rubber dam and materials •Concrete foundation preparation, construction joint repairs, cleaning and testing of dam Removal & Replacement ValleyRubber Dam #3 Duarte, CA PROJECT SUMMARY Agency: County of Los Angeles, Dept of Public Works Contract Amount: $1,400,000 Completed: 2014 PROJECT SUMMARY •Demolition of existing concrete channel, reconstruct reinforced concrete channel •Construct rubber dam and control house •Modified diversion structure, slides gates, operational platform, structural steel catwalk, RCP pipes and fittings, structural and site concrete, asphalt, concrete outlets, riprap, electrical. Live Oak Spreading GroundsImprovements Huntington Beach, CA PROJECT SUMMARY Agency: Orange County Transportation Authority (OCTA) Contract Amount: $1,980,000 Completed: 2015 PROJECT SUMMARY •Construct additional parking at the Golden West Transportation Center. •Construct 57’x97’ Storm Water underground concrete vault, excavate to 20’ deep, shoring, sump pumps, mechanical. •Site grading, flat concrete, asphalt, landscape, site demolition, electrical Construction of AdditionalParking at Golden westTransportation Center Huntington Beach, CA Construction of AdditionalParking at Golden westTransportation Center Carson, CA PROJECT SUMMARY Agency: County Sanitation District of Los Angeles Contract Amount: $3,700,000 Completed: 2019 PROJECT SUMMARY •Demo existing Digestion Tank KLM, ancillary facilities, residuals within tanks, mechanical piping, equipment, reinforced concrete structures. •Relocation of existing yard piping and electrical equipment. •Backfill to match existing grade. Joint Water Pollution ControlPlant Demolition of DigestionTanks MLK Carson, CA Joint Water Pollution ControlPlant Demolition of DigestionTanks MLK Buena Park, CA PROJECT SUMMARY Agency: City of Buena Park -Public Works Contract Amount: $163,630 Completed: 2020 PROJECT SUMMARY •The memorial was created and dedicated to honor Buena Park’s Fallen officers. •It includes excavation, concrete work, memorial monument installation with lights and landscape PD Fallen Officer MemorialProject Calabasas, CA PROJECT SUMMARY Agency: Las Virgenes Metropolitan Water District Contract Amount: $1,500,000 Completed: 2019 PROJECT SUMMARY •New glass-lined centrate storage tank with volume of 480,000 gallons, tank mixing equipment, valves, instrumentation, and associated tank accessories. •New access road and tank site, excavation, grading, paving. •New pipes, fittings to tie-in to existing centrate lines for filling and draining the storage tank. •New electrical panels, PLC, equipment. •New dry weather diversion structure. •Site drainage system including concrete swale, gutters and storm drains. Rancho Las Virgenes CentrateStorage Tank Construction Calabasas, CARancho Las Virgenes CentrateStorage Tank Construction Calabasas, CARancho Las Virgenes CentrateStorage Tank Construction Calabasas, CARancho Las Virgenes CentrateStorage Tank Construction Ventura, CA PROJECT SUMMARY Agency: County of Ventura Contract Amount: $625,000 Completed: 2017 PROJECT SUMMARY •Repair of damaged levee slope of Conejo Creek. •Removal undermined riprap revetment and place new revetment material. •Remove and replace deficient bank lining, excavation, rock riprap, compacted backfill, water pollution & diversion control, removal water, shoring Conejo Creek Maintenance Ventura, CAConejoCreek Maintenance Lara Sass, President Ms. Sass has 40 years of heavy-civil and marine construction experience. Ms. Sass is responsible for estimating, scheduling, project control, and administration for environmental, mass- excavation/grading, marine public, and private work projects. She is experienced in estimating, negotiation, and performance of large and small contracts and subcontracts, including hard-dollar, and design-build contracts for government agencies and private clients. Misha Fyodorov, CEO & General Manager Mr. Misha Fyodorov has 40 years of heavy-civil construction experience encompassing all aspects of construction project execution. Mr. Fyodorov is responsible for overall company performance including estimating, construction management, procurement and contract administration, safety program, equipment management, hiring and employee training. Mr. Fyodorov supervises multiple, complex, medium and large- scale projects involving hundreds of craft labor, several project managers, project engineers and field superintendents. As a Project Manager,Mr. Fyodorov has a proven record in managing complex government, municipal and private work including construction of bridges, highways, airport, marine, landfills, flood control, mass excavation, pipe-line, mechanical, and remediation projects in the Western United States. OUR TEAM LEADERS Antonio Zori, Senior Project Manager Mr. Antonio Zori is a results-oriented professional with over 25 years of experience in construction management and direction of different types of complex projects (public and private contracts). Specialist in increasing profits, reducing expenses and execution time using different construction methods and value engineering, maintaining the quality and scope of project. Highly qualified in analyzing production and deviation costs, scheduling optimization, team management and successful negotiation with clients and subcontractors. Anton Fyodorov, General Project Manager With 18 years of heavy-civil construction experience,Mr.Anton Fyodorov oversees company performance,managing various aspects such as estimating, construction,procurement,safety,equipment,hiring,and training.He leads multiple large-scale projects,demonstrating expertise in government,municipal, and private construction,covering bridges,highways,airports,marine structures, landfills,flood control,mass excavation,pipelines,mechanical,and remediation projects in the Western United States. OUR TEAM LEADERS CONSTUCTION ENGINEERING Zusser has construction-focused engineering, providing seamless solutions that smoothly translate blueprints into completed projects. DIGITIAL DESIGN DRAWINGS (2D & 3D) Zusser utilizes a range of advanced heavy-civil design software to produce both 2D and 3D designs and drawings specifically tailored for construction applications. This enables us to employ sophisticated tools and technologies to enhance the precision and effectiveness of our design processes. Zusser forwards its finalized designs to field crews for seamless implementation and to material suppliers and fabricators to ensure precise construction and manufacturing processes. This streamlined communication and distribution of design information facilitate accurate and efficient execution in both construction and fabrication phases. EARTH WORK CALCULATIONS & OPTIMIZATION Zusser employs specialized software to accurately calculate earthwork quantities, focusing on efficiently managing the import and export of soil and determining the optimal haul routes on construction sites. This dedicated software ensures precise earthwork planning and enhances overall project efficiency. CONSTURUCTION SURVEYING Zusser is equipped with cutting-edge, in-house construction survey equipment that plays a pivotal role in ensuring accuracy and efficiency throughout the construction process. This advanced equipment serves various purposes: Site Investigation:Prior to commencing a construction project, Zusser can examine the site to gather crucial information about topography, soil conditions, drainage patterns, and existing structures. Staking and Layout: Zusser is able establish and mark critical reference points on the site, including property boundaries, building corners, and utility locations. Monitoring and Verification:Throughout the construction process, Zusser continuously checks on the position, elevation, and alignment of structures are conducted to promptly identify and rectify any deviations. As-Built Surveying:Upon project completion, Zusser can conduct a final survey to document the finished works, creating an as-built record. By leveraging state-of-the-art survey equipment such as Drone Mapping and our Trimble GPS/ GNSS system, Zusser ensures that precise measurements and spatial data guide decision-making, minimize errors, and uphold quality control from project initiation to completion. 474847.3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALEXANDER B. CVITAN (SBN 81746) E-mail: alc@rac-law.com MARSHA M. HAMASAKI (SBN 102720) E-mail: marshah@rac-law.com PETER A. HUTCHINSON (SBN 225399) E-mail: peterh@rac-law.com REICH, ADELL & CVITAN, A Professional Law Corporation 3550 Wilshire Blvd., Suite 2000 Los Angeles, California 90010-2421 Telephone: (213) 386-3860; Facsimile: (213) 386-5583 Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company, Plaintiff, v. NATIONWIDE CONTRACTING SERVICES, INC, a California corporation doing business as NATIONWIDE GENERAL CONSTRUCTION SERVICES, Defendant. CASE NO.: COMPLAINT FOR: 1. MONETARY DAMAGES DUE TO EMPLOYEE BENEFIT PLANS 2. SPECIFIC PERFORMANCE OF OBLIGATION TO PRODUCE RECORDS FOR AUDIT [29 U.S.C. §§ 185, 1132(a)(3), 1132(g)(2) and 1145] Plaintiff, Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company, alleges: JURISDICTION AND VENUE 1. This action is brought by a fiduciary administrator on behalf of employee benefit plans against an employer. It is brought to enforce of the terms of Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 1 of 13 Page ID #:1 474847.3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 collective bargaining agreements and plan trust agreements to : (a) recover fringe benefit contributions and related damages due by the employer on behalf of its employees (Claim 1); and (b) compel the employer to fully produce its records for audit to determine if additional amounts are due (Claim 2). This Court has jurisdiction pursuant to: sections 502(g)(2) and 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1132(g)(2) and 1145; section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3); and section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Pursuant to ERISA section 502(e)(2), 29 U.S.C. § 1132(e)(2), venue is proper in this district for each of the following reasons: the plans are administered in this district; the employer's performance and breach took place in this district; and the employer resides or may be found in this district. PARTIES 2. Plaintiff ("CLTF") is an administrator of, agent for collection for, a fiduciary to, and brings this action on behalf of the following employee benefit plans: Laborers Health and Welfare Trust Fund for Southern California; Construction Laborers Pension Trust for Southern California; Laborers Annuity Plan for Southern California; Construction Laborers Vacation Trust for Southern California; Laborers Training and Re-Training Trust Fund for Southern California; Fund for Construction Industry Advancement; Center for Contract Compliance; Laborers Contract Administration Trust Fund for Southern California; Laborers' Trusts Administrative Trust Fund for Southern California; and Southern California Partnership for Jobs Trust Fund (collectively "Trust Funds"). The Trust Funds are express trusts created by written agreements; employee benefit plans within the meaning of ERISA section 3(3), 29 U.S.C. § 1002(3); and multi-employer plans within the meaning of ERISA section 3(37)(A), 29 U.S.C. § 1002(37)(A). The Trust Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 2 of 13 Page ID #:2 474847.3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Funds exist pursuant to ERISA and LMRA section 302, 29 U.S.C. § 186. CLTF and the Trust Funds' principal places of business are in the County of Los Angeles, State of California. 3. CLTF is a fiduciary as to the Trust Funds in that it: a. Exercises discretionary authority or discretionary control with respect to the collection of delinquent (or possibly delinquent) fringe benefit contributions due to the Trust Funds, including but not limited to discretion in auditing employers, deciding what claims to assert, acting as agent of the Trust Funds in asserting claims, waiving liquidated damages, settling claims, and releasing claims; and b. Exercises authority or control with respect to management or disposition of assets of the Trust Funds, including but not limited to receiving delinquent contributions collected and holding them in a bank account in its own name over which it has check-writing authority, and then exercising discretion in allocating those assets among the different Trust Funds, different participants, different time-periods and different jobs. 4. CLTF is informed and believes, and on that basis alleges, that defendant Nationwide Contracting Services, Inc (“Employer”) is a corporation organized and existing under the laws of the State of California that does business as Nationwide General Construction Services; has a principal place of business in the City of Fountain Valley, County of Orange, State of California; and does, or at all relevant times did, business in the State of California as a construction contractor in an industry affecting interstate commerce. Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 3 of 13 Page ID #:3 474847.3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENTS 5. Various public entities in Southern California have entered into project labor agreements (also known a project stabilization agreements, continuity of work agreements, and community workforce agreements) with unions and employer associations establishing terms and conditions of work on public works projects. In each case, by, and as a condition of, performing work on such a project, contractors must abide by the terms of the applicable project labor agreement, including terms related to the payment of employee wages and fringe benefits. The Employer has performed work on such public works projects, including at least those of the Los Angeles Unified School District (governed by the Los Angeles Unified School District Project Stabilization Agreement) and the City of Santa Ana (governed by the City of Santa Ana Community Workforce Agreement). Many project labor agreements, including the two listed above in this paragraph (referenced herein together as “Project Labor Agreements”), are signed by the Laborers Union and other labor unions (as parties to the agreement) and incorporate the unions’ respective collective bargaining agreements by reference. The Laborers Union collective bargaining agreements, which are among those incorporated by reference into the Project Labor Agreements, are known as the Construction Master Labor Agreements, including one known as the Southern California Master Labor Agreement. In addition to working under project labor agreements, the Employer executed a collective bargaining agreement with the Laborers Union binding it directly to the Construction Master Labor Agreements for work on one or more specific projects, including one for work on a project of the City of Santa Barbara known as the Central Library Renovation project (“Santa Barbara Public Works Project Agreement”). The Los Angeles Unified School District Project Stabilization Agreement, City of Santa Ana Community Workforce Agreement, Santa Barbara Public Works Project Agreement, and any other agreement binding the Employer to Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 4 of 13 Page ID #:4 474847.3 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Construction Master Labor Agreements, as well as the Construction Master Labor Agreements themselves, are identified as the “Collective Bargaining Agreements” where referenced collectively hereinafter. 6. Pursuant to the Collective Bargaining Agreements, employers become – and the Employer became and is – bound to the terms and conditions of the various trust agreements that created each of the Trust Funds ("Trust Agreements"). When referenced collectively hereinafter, the Collective Bargaining Agreements and Trust Agreements are referred to as "the Agreements." 7. Under the terms of the Agreements, employers, including the Employer, are required to submit monthly fringe benefit contributions ("Monthly Contributions") to the Trust Funds for all hours worked by (or paid for) their employees who perform work covered by the Agreements ("Covered Work"). 8. Under the terms of the Agreements, employers, including the Employer, are required to submit to the Trust Funds, with their Monthly Contributions, monthly reports, itemized by project, listing the names of their employees who performed Covered Work, their Social Security numbers, the hours of work performed by (or paid for) each, and the resulting Monthly Contributions due for them ("Monthly Reports"). The Trust Funds rely on Monthly Reports – and the accuracy of those reports – to determine the amount of Monthly Contributions due to the Trust Funds by employers and the credit toward fringe benefits to be allocated to their employees. 9. The Agreements provide for the payment of interest on delinquent Monthly Contributions from the date due at a rate set by the trustees of the Trust Funds. The trustees have set that rate at five percent (5%) above the prime rate set Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 5 of 13 Page ID #:5 474847.3 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the Federal Reserve Board of San Francisco, California. The Agreements also provide for the payment of liquidated damages for each month of delinquent Monthly Contributions or Monthly Reports, for each Trust Fund separately, in the amount of twenty percent (20%) of the delinquent Monthly Contributions due to the Trust Fund or $25, whichever is greater (except with respect to the Laborers Contract Administration Trust Fund for Southern California, which assesses liquidated damages at the greater of $20 or ten percent (10%)). In addition, employers are required to pay fees for the submission of dishonored checks. 10. The failure of employers to pay Monthly Contributions when due causes damages to the Trust Funds and its participants beyond the value of the unpaid Monthly Contributions, which are difficult to quantify. Apart from the fees and costs incurred in litigation, the harm caused includes, but is not limited to, the administrative costs of processing and collecting delinquencies, the costs of adjusting benefit credits and notifying participants, the additional burden placed on contractors who faithfully pay their contributions, and the burden upon participants and beneficiaries who may be unable to qualify for benefits they may have otherwise been entitled to had it not been for the delinquency of their employer. The liquidated damages provision of the Agreements was meant to compensate for the loss to the Trust Funds, which is incurred even if the Monthly Contribution s for a given month are later paid. It is based on the Trust Funds' ratio of collection costs over amounts collected, which are regularly reported to the Trust Funds' trustees. 11. Under the terms of the Agreements, employers, including the Employer, agree to subcontract Covered Work only to entities that are signatory to a Construction Master Labor Agreement applicable to the work performed. If an employer subcontracts Covered Work to a non-signatory entity, the employer becomes liable to the Trust Funds in an amount equal to the Monthly Contribution s Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 6 of 13 Page ID #:6 474847.3 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that would have been due if the entity had been signatory (plus interest, liquidated damages and audit fees thereon). 12. Under the terms of the Agreements, employers, including the Employer, agree not to subcontract Covered Work to entities that are delinquent to the Trust Funds. If an employer subcontracts Covered Work to such an entity the employer becomes under the terms of the Agreements liable to the Trust Funds for the Monthly Contributions due by the subcontractor and any lower-tier subcontractors. 13. The Agreements provide the Trust Funds with specific authority to examine the payroll and business records of employers, including the Employer, to determine whether they have reported all hours worked by (or paid for) their employees who perform Covered Work, and whether they have paid the appropriate Monthly Contributions and other amounts due by them to the Trust Funds. The Agreements further provide that employers, including the Employer, must maintain records sufficient for the Trust Funds to verify proper Monthly Reporting, and, where there has been inaccurate Monthly Reporting, to determine the additional amounts due, and that the employer must pay the Trust Funds' audit fees if it is delinquent to the Trust Funds. The Trust Funds have delegated the authority to perform such audits to CLTF. 14. The Agreements require employers to pay the Trust Funds' attorneys’ fees and costs of litigation to enforce the Agreements' foregoing terms, including the Monthly Contribution, Monthly Reporting, subcontracting and audit provisions. /// /// /// /// Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 7 of 13 Page ID #:7 474847.3 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST CLAIM FOR RELIEF For Monetary Damages Due to Employee Benefit Plans [29 U.S.C. §§ 185, 1132(g)(2) and 1145] 15. CLTF repeats, realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 14 above as if fully set forth here. 16. The Employer has failed to timely submit Monthly Contributions due by it to the Trust Funds. Pursuant to the Agreements and ERISA sections 502(g)(2) and 515, 29 U.S.C. §§ 1132(g)(2) and 1145, the Employer owes the Trust Funds a known amount of $76,908.33 for unpaid or late-paid Monthly Contributions and related damages (and/or late-submitted Monthly Reports) for some or all of the months of December 2018 through September 2021 (“Known Delinquency”). The Known Delinquency consists of: $53,798.66 in unpaid Monthly Contributions; $9,122.50 in interest through March 6, 2023; $13,667.17 in liquidated damages; and $320.00 in audit fees. 17. CLTF will establish by proof at the time of trial or through dispositive motion the Known Delinquency and any additional amounts determined to be due to the Trust Funds by the Employer, including any additional Monthly Contributions, interest, liquidated damages, audit fees, fees for the submission of checks not honored by the bank upon which they were drawn, attorneys’ fees and costs, and amounts owed as a result of work performed by subcontractors of the Employer (or lower-tier subcontractors). If deemed necessary by the Court, CLTF will amend its complaint to add any additional amounts determined to be due. Any and all conditions to the Employer’s obligations under the Agreements to pay the Known Delinquency and any additional amounts due under the Agreements to the Trust Funds have been met. Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 8 of 13 Page ID #:8 474847.3 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. A portion of the Known Delinquency, including all of the amounts due for months during the period December 2018 through November 2019 (and a portion of amounts due for subsequent months), was discovered to be due a review of Employer records produced in response to a request by CLTF for it to submit to an audit, the first of which were received by CLTF in January 2021. Sufficient records were not produced for the audit to be completed. A partial audit was completed in April 2022. SECOND CLAIM FOR RELIEF For Specific Performance of Obligation to Produce Records for Audit [29 U.S.C. §§ 1132(a)(3) and 1132(g)(2)(E)] 19. CLTF repeats, realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 18 above as if fully set forth here. 20. CLTF has requested that the Employer produce its records for audit. The Employer has failed to fully produce its records for audit. CLTF requests that the Court exercise its authority under ERISA sections 502(a)(3) and (g)(2)(E), 29 U.S.C. §§ 1132(a)(3) and (g)(2)(E), to order the Employer to comply with its obligation under the Agreements and ERISA to fully produce its books and records in order for CLTF to complete an audit to determine if additional amounts are due. 21. An award of attorneys’ fees and costs is provided for by Agreements and under ERISA sections 502(g)(1) and/or (g)(2), 29 U.S.C. § 1132(g)(1) and/or (g)(2). /// /// /// /// Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 9 of 13 Page ID #:9 474847.3 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, CLTF prays for judgment as follows: ON CLTF'S FIRST CLAIM FOR RELIEF [For Monetary Damages Due to Employee Benefit Plans] A. For $53,798.66 in unpaid Monthly Contributions, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(A). B. For $9,122.50 in interest through March 6, 2023 on unpaid or late paid Monthly Contributions at the rate of five percent above the variable prime rate set by the Federal Reserve Board of San Francisco, California, plus such additional interest that has or does hereafter accrue from March 6, 2023, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(B). C. For $13,667.17 in liquidated damages for unpaid and late-paid Monthly Contributions at, for each of the Trust Funds separately, the greater of 20% or $25 (except with respect to the Laborers Contract Administration Trust Fund for Southern California, for which liquidated damages are sought at the greater 10% or $20), as required by the Agreements and 29 U.S.C. § 1132(g)(2)(C). D. For $320.00 in audit fees, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(E). E. For, according to proof, any additional Monthly Contributions, interest, liquidated damages, audit fees, insufficient funds check fees, and amounts owed as a result work performed by any subcontractors of the Employer (or lower-tier subcontractors) determined to be due, pursuant to the Agreements and 29 U.S.C. §§ 1132(g)(2) and 1145. Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 10 of 13 Page ID #:10 474847.3 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. For reasonable attorneys’ fees and costs of suit, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(D). G. For such other relief that this Court deems appropriate, pursuant to any authority of the Court, including but not limited to the authority established by 29 U.S.C. §§ 1132(g)(2)(E) and 1132(a)(3). ON CLTF'S SECOND CLAIM FOR RELIEF [For Specific Performance of Obligation to Produce Records for Audit] A. For the issuance of injunctive relief pursuant to the Agreements and 29 U.S.C. §§ 1132(g)(2)(E) and/or 1132(a)(3) ordering the Employer and its managing officers, managing employees, agents and successors, as well as all those in active concert or participation with any one or more of them, to submit to an audit of the Employer’s records from at least December 1, 2018 forward, to fully cooperate with CLTF with respect to the audit in order for CLTF to determine the total amount due to the Trust Funds by the Employer, and, specifically, to produce to CLTF the following payroll and business records – and any other records determined by CLTF to be necessary to conduct a full audit – for inspection, examination and copying: A.1. All of the Employer’s payroll and employee records, as well as any other records that might be relevant to a determination of the work performed by the Employer, its employees, its subcontractors, its lower-tier subcontractors and the employees of the Employer’s subcontractors and lower-tier subcontractors, including but not limited to payroll journals, employee earnings records, certified payroll records, payroll check books and stubs, cancelled payroll checks, payroll time cards and state and federal tax returns (and all other state and federal tax records), as well Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 11 of 13 Page ID #:11 474847.3 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as labor distribution journals and any other records that might be relevant to an identification of the employees who performed work for the Employer, its subcontractors or lower-tier subcontractors, or which might be relevant to a determination of the projects on which the Employer, its employees, its subcontractors, lower-tier subcontractors or the employees of its subcontractors or lower-tier subcontractors performed work, including any records that provide the names, addresses, Social Security numbers, job classification or the number of hours worked by any one or more employee; A.2. All of the Employer’s job files for each contract, project or job on which the Employer, its employees, its subcontractors, its lower-tier subcontractors or the employees of its subcontractors or lower-tier subcontractors worked, including but not limited to all correspondence, agreements and contracts between the Employer and any general contractor, subcontractor, owner, builder or developer, as well as all field records, job records, notices, project logs, supervisors' diaries and notes, employees' diaries and notes, memoranda, releases and any other records that relate to the supervision of the Employer’s employees, its subcontractors, its lower- tier subcontractors or the employees of its subcontractors and lower-tier subcontractors, or the projects on which the Employer, its employees, its subcontractors, its lower-tier subcontractors or the employees of its subcontractors or lower-tier subcontractors performed work; A.3. All of the Employer’s records related to cash receipts, including but not limited to the Employer’s cash receipts journals, accounts receivable journals, accounts receivable subsidiary ledgers and billing invoices for all contracts, projects and jobs on which the Employer, its employees, its subcontractors, its lower-tier subcontractors or the employees of its subcontractors or lower -tier subcontractors performed work; Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 12 of 13 Page ID #:12 474847.3 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.4. All of the Employer’s bank statements, including but not limited to those for all checking, savings and investment accounts; A.5. All of the Employer’s records related to disbursements, including but not limited to vendors' invoices, cash disbursement journals, accounts payable journals, check registers and all other records which indicate disbursements; A.6. All collective bargaining agreements between the Employer and any trade union, and all records of contributions by the Employer to any trade union trust fund; and A.7. All records related to the formation, licensing, renewal or operation of the Employer. B. For reasonable attorneys’ fees and costs of suit, as required by the Agreements and provided for under 29 U.S.C. § 1132(g)(1) and/or (g)(2). C. For such other relief that this Court deems appropriate, pursuant to any authority of the Court, including but not limited to the authority established by 29 U.S.C. §§ 1132(g)(2)(E) and 1132 (a)(3). DATED: March 21, 2023 REICH, ADELL & CVITAN A Professional Law Corporation By: /s/ Peter A. Hutchinson PETER A. HUTCHINSON Attorneys for Plaintiff Case 8:23-cv-00521 Document 1 Filed 03/22/23 Page 13 of 13 Page ID #:13 - 1 - COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF KENNETH J. FREED KENNETH J. FREED, ESQ. [SBN. 125349] JOSEPH JYOO, ESQ. [SBN. 321286] 4340 Fulton Ave., Third Floor Sherman Oaks, California 91423 (818) 990-0888 (818) 990-1047 Facsimile KFREED@KJFESQ.COM JJYOO@KJFESQ.COM Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. Our File No. 6085481 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER, UNLIMITED CIVIL CREDITORS ADJUSTMENT BUREAU, INC., Plaintiff(s), vs. NATIONWIDE CONTRACTING SERVICES, INC AKA NATIONWIDE CONTRACTING SERVICES INC AKA NATIONWIDE CONTRACTING SERVICES, INC. DBA NATIONWIDE GENERAL CONSTRUCTION SERVICES; and DOES 1 through 10, Inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: COMPLAINT FOR MONEY (Insurance Premiums) 1. BREACH OF CONTRACT 2. OPEN BOOK ACCOUNT 3. ACCOUNT STATED 4. REASONABLE VALUE AMOUNT OF DEMAND $140,714.83 Plaintiff, on information and belief, alleges as follows: DEFINITIONS AND PRELIMINARY ALLEGATIONS 1. As used herein, the term "Plaintiff's Assignor" refers to STATE COMPENSATION INSURANCE FUND. 2. As used herein, the term "Debt" refers to the sum of $140,714.83 for Policy No. 9240973- 20. 3. As used herein, the term "Due Date" refers to May 27, 2022. 4. Plaintiff's Assignor is a corporation and an insurance issuer and underwriter, licensed under the laws of the State of California. Prior to the commencement of this action, the claims herein sued upon Electronically Filed by Superior Court of California, County of Orange, 12/09/2022 12:32:38 PM. 30-2022-01296113-CU-BC-NJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By Y. Ramirez, Deputy Clerk. - 2 - COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 were assigned to Plaintiff by Plaintiff's Assignor for collection purposes only and Plaintiff, as assignee, has not accepted any of the obligations, debts or liabilities of Plaintiff’s Assignor. 5. Plaintiff is a corporation organized and existing under the laws of the State of California and is a collection agency. 6. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants herein designated DOES 1 through 10, inclusive, are unknown to Plaintiff. Plaintiff will ask leave of the Court to amend this Complaint to show their true names and capacities when ascertained. 7. The obligation and claims sued upon herein were made and entered into and are due and payable in the above-mentioned Judicial District and County, State of California, and are not subject to the provisions of Sections 1812.10 and 2984.4 of the California Civil Code and Section 395(b) of the California Civil Code of Procedure. 8. At all times herein mentioned, the Defendants were agents and employees of the other Defendants and were acting within the course and scope of such agency and employment. 9. Plaintiff is informed and believes and thereon alleges that each Defendant is and at all times herein mentioned was, an alter ego and/or successor in interest of each other Defendant, in order to perpetrate a fraud and to accomplish other wrongful and inequitable purposes, such that the Court must disregard the separate entities and treat each entities’ acts as set forth herein as if they were done by each of these named Defendants. FIRST CAUSE OF ACTION (BREACH OF CONTRACT) (Against All Defendants; and DOES 1 through 10, Inclusive) 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 11. Plaintiff’s Assignor and Defendants entered into a written agreement wherein Plaintiff’s Assignor agreed to provide a policy of workers compensation insurance to the Defendants, bearing Policy No. 9240973-20 (covering the period of November 3, 2020 through November 3, 2021) and Defendants agreed to pay premiums in accordance with the terms and conditions of said policy which provided for payment of premiums. 12. Said Defendants accepted said workers compensation insurance policy bearing Policy No. - 3 - COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9240973-20, and, in consideration thereof, agreed to the terms and conditions set forth therein which provided payment of premiums. 13. Plaintiff’s Assignor has performed everything on its part to be performed under said insurance policy. 14. Defendants breached that part of Policy No. 9240973-20 requiring the payment of the premium assessed by Plaintiff’s Assignor at the conclusion of Policy No. 9240973-20 in the amount of $140,714.83. Said balance has not been paid although payment has been demanded, and there is now due, owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein. SECOND CAUSE OF ACTION (OPEN BOOK ACCOUNT) (Against All Defendants; and DOES 1 through 10, Inclusive) 15. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 16. Within four years preceding the commencement of this action, Defendants, and each of them, became indebted to Plaintiff’s Assignor in the amount of the Debt for a balance due on an open book account for goods sold and delivered and/or services rendered by Plaintiff’s Assignor to Defendants at Defendants’ request. Said Debt has not been paid although payment has been demanded, and said Debt is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum since demanded on the Due Date. 17. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded attorney’s fees pursuant to said section. THIRD CAUSE OF ACTION (ACCOUNT STATED) (Against All Defendants; and DOES 1 through 10, Inclusive) 18. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 19. Within four years preceding the commencement of this action, an account was stated by and between Plaintiff’s Assignor and Defendants, andeach of them, wherein it was ascertained and agreed - 4 - COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that said Defendants owed said Debt to Plaintiff’s Assignor together with interest thereon at the rate of ten percent (10%) per annum from the Due Date. 20. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded attorney’s fees pursuant to said section. FOURTH CAUSE OF ACTION (REASONABLE VALUE) (Against All Defendants; and DOES 1 through 10, Inclusive) 21. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 22. Within two years preceding the commencement of this action Defendants, and each of them, became indebted to Plaintiff’s Assignor for the reasonable value of goods sold and delivered and/or services rendered by Plaintiff’s Assignor to said Defendants’ request, the Debt was and is the reasonable value of said goods, and/or services. No part of said Debt has been paid although payment has been demanded, and said Debt is now due, owing and unpaid, together with interest at the rate of ten percent (10%) per annum since demanded on the Due Date. 23. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded attorney’s fees pursuant to said section. WHEREFORE, Plaintiff prays for judgment against the Defendants and each of them, as follows: AS TO THE FIRST CAUSE OF ACTION 1. As to Policy No. 9240973-20, for a sum of $140,714.83 together with interest thereon at the rate of ten percent (10%) per annum from May 27, 2022; 2. For costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. AS TO THE SECOND, THIRD AND FOURTH CAUSES OF ACTION 1. As to Policy No. 9240973-20, for a sum of $140,714.83 together with interest thereon at the rate of ten percent (10%) per annum from May 27, 2022; 2. For costs of suit incurred herein; - 5 - COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. For attorney’s fees pursuant to California Civil Code Section 1717.5; and 4. For such other and further relief as the Court may deem just and proper. DATED: December , 2022 LAW OFFICES OF KENNETH J. FREED BY: ______________________________________ JOSEPH JYOO, ESQ. Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. [Electronic Signature per C.R.C. 2.257(a)] 8 - 1 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 Christopher M. Engels, Esq (Bar No. 304855) Sean B. Janzen, Esq. (Bar No. 293246) ENGELS LAW APC 555 Anton Blvd, Suite 150 Costa Mesa CA 92626 (949) 269-7709chris@engelslaw.comsean@engelslaw.com Attorneys for Plaintiffs Alex Song and Traci Doan, individually and as Trustees of Song Doan Nevada Trust SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, NORTH JUSTICE CENTER ALEX SONG, an individual, TRACI DOAN, an individual; ALEX SONG and TRACI DOAN as Trustees of SONG DOAN NEVADA TRUST, Plaintiffs, vs. NATIONWIDE CONTRACTING SERVICES, INC., D.B.A. NATIONWIDE GENERAL CONSTRUCTION SERVICES, a California Corporation; ELIE NADER, an individual; HUDSON INSURANCE COMPANY, a Delaware Corporation; CHARLIE PLUMBING, an unknown business entity; MD CUSTOM WOOD WORK, an unknown business entity; SPECIALIZED FIRE PROTECTION, INC., a California Corporation; THOMAS STEWART dba TBS CONSTRUCTION, a Sole Proprietorship; NAVIGATORS INSURANCE COMPANY, a New York Corporation; CAL PRIME STRUCTURES, INC., a California Corporation dba CAL PRIME GLASS AND MIRROR; BUSINESS ALLIANCE INSURANCE COMPANY, a California Corporation; ARCE ELECTRIC, a California Corporation; AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation; REGAL INTERIOR, INC., a California Corporation dba REGAL PLASTERING; RG DECK COATING, INC., Lead Case No: 30-2023-01326343-CU-BC-NJC Consolidated with Case No:30-2023-01335746-CU-BC-CJC FIRST AMENDED COMPLAINT FOR DAMAGES 1.Violation of Building StandardsCivil Code §§ 896 and 8972.Negligence3.Breach of Implied Warranty4.Breach of Express Warranty5.Breach of Contract6.Intentional Misrepresentation -Fraud7. Conversion8. Violation of Business andProfessionals Code §71649. Violation of Business andProfessionals Code §703110.Action on Surety Bond Business &Professions Code § 7071.511.Action to Expunge Mechanic’s LienCivil Code § 3118 Electronically Filed by Superior Court of California, County of Orange, 08/22/2023 05:23:00 PM. 30-2023-01326343-CU-BC-NJC - ROA # 47 - DAVID H. YAMASAKI, Clerk of the Court By R. Baker, Deputy Clerk. - 2 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 a California Corporation; DON R. WEILER, an individual; MICROBIAL SOLUTIONS, INC., a California Corporation dba OC DECKS; CALIFORNIA CUSTOM LIFT, INC., a California Corporation; THE OHIO CASUALTY INSURANCE COMPANY, a New Hampshire Corporation; SO CAL ROLLING SHUTTER, LLC, a California Limited Liability Company; SURETEC INSURANCE COMPANY, a Texas Corporation; ANDREW SMITH, an individual; and DOES 1-100, inclusive, Defendants. ______________________________________ AND ALL RELATED CROSS-ACTIONS. PLAINTIFF ALEX SONG demands a jury trial and complains of Defendants and each of them, as follows: GENERAL ALLEGATIONS 1. Plaintiff ALEX SONG (“SONG”) is an individual residing in the County of Orange, California. 2. Plaintiff TRACI DOAN (“DOAN”) an individual residing in the County of Orange, California 3. Plaintiff ALEX SONG and TRACI DOAN are Trustees of SONG DOAN NEVADA TRUST (“SONG DOAN TRUST”), and the owners of real property located at 204 2nd St., Huntington Beach, CA. 4. Plaintiffs hired NATIONWIDE CONTRACTING SERVICES, INC. D.B.A. NATIONWIDE GENERAL CONSTRUCTION SERVICES (“NATIONWIDE”), a California Corporation doing business in the City of Huntington Beach doing business under California Contractors State License Board License No. 1031246, to build new residential construction at 204 2nd St., Huntington Beach, CA, County of Orange, State of California (referred to herein as “PROJECT”). 5. Plaintiffs are informed, believe, and based on such information and belief allege that Defendant ELIE NADER (“NADER”), an individual, is and at all times - 3 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 mentioned in this Complaint was the Responsible Managing Officer, CEO, and President of NATIONWIDE. 6. Plaintiffs are informed, believe, and based on such information and belief allege that at all times relevant, NADER was the alter ego of NATIONWIDE due to the fact that NADER failed to observe corporate formalities, disregarded the distinction between himself and the corporate defendant, and the corporate defendant was a mere shell and conduit for NADER’s affairs. Upon information and belief, at all times relevant, there was such a unity of interest and ownership between NADER and NATIONWIDE that the separate personalities of NATIONWIDE and NADER no longer exist. Further, it would sanction a fraud or promote injustice to uphold the corporate fiction of NATIONWIDE and not hold NADER personally liable for the misconduct he performed through the corporate entity defendant. 7. Defendant HUDSON INSURANCE COMPANY (“HUDSON”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30026732 in the amount of $15,000.00 on the California State Contractor’s License of Defendant NATIONWIDE and/or NADER, License Number 1031246, and as such, assumed the liability of NATIONWIDE and/or NADER to the extent of the penal sum of the bond. 8. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CHARLIE PLUMBING (“CHARLIE PLUMBING”) was an unknown business entity doing business in the County of Orange, California, who furnished work and/or materials on the PROJECT. 9. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant MD CUSTOM WOOD WORK (“MD”) was an unknown business entity doing business in the County of Orange, California, who furnished work and/or materials on the PROJECT. 10. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant SPECIALIZED FIRE PROTECTION, INC. - 4 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 (“SPECIALIZED”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1005885, who furnished work and/or materials on the PROJECT. 11. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30006906 in the amount of $15,000.00 on the California State Contractor’s License of Defendant SPECIALIZED, License Number 1005885, and as such, assumed the liability of SPECIALIZED to the extent of the penal sum of the bond. 12. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant THOMAS STEWART dba TBS CONSTRUCTION (“TBS”) was a Sole Proprietor doing business in the County of Orange, California, under California Contractors State License Board License No. 1012469, who furnished work and/or materials on the PROJECT. 13. Defendant NAVIGATORS INSURANCE COMPANY (“NAVIGATORS”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number NAV00020338 in the amount of $15,000.00 on the California State Contractor’s License of Defendant TBS, License Number 1012469, and as such, assumed the liability of TBS to the extent of the penal sum of the bond. 14. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CAL PRIME STRUCTURES, INC., dba CAL PRIME GLASS AND MIRROR (“CAL PRIME”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1075613, who furnished work and/or materials on the PROJECT. 15. Defendant BUSINESS ALLIANCE INSURANCE COMPANY (“BUSINESS ALLIANCE”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number G110413096471in the amount of $15,000.00 on the California State Contractor’s License of Defendant CAL PRIME, License Number - 5 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 1075613, and as such, assumed the liability of CAL PRIME to the extent of the penal sum of the bond. 16. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant ARCE ELECTRIC (“ARCE”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 977091, who furnished work and/or materials on the PROJECT. 17. Defendant AMERICAN CONTRACTORS INDEMNITY COMPANY (“AMERICAN”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 100531324 in the amount of $15,000.00 on the California State Contractor’s License of Defendant ARCE, License Number 977091, and as such, assumed the liability of ARCE to the extent of the penal sum of the bond. 18. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant REGAL INTERIOR, INC., dba REGAL PLASTERING (“REGAL”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1000371, who furnished work and/or materials on the PROJECT. 19. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number G100513078379 the amount of $15,000.00 on the California State Contractor’s License of Defendant REGAL, License Number 1000371, and as such, assumed the liability of REGAL to the extent of the penal sum of the bond. 20. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant RG DECK COATING, INC. (“RG”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 975675, who furnished work and/or materials on the PROJECT. - 6 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 21. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number NAV00015704 in the amount of $15,000.00 on the California State Contractor’s License of Defendant RG, License Number 975675, and as such, assumed the liability of RG to the extent of the penal sum of the bond. 22. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DON R. WEILER (“WEILER”) was an individual doing business in the County of Orange, California, under California Contractors State License Board License No. 586459, who furnished work and/or materials on the PROJECT. 23. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30050713 in the amount of $15,000.00 on the California State Contractor’s License of Defendant WEILER, License Number 586459, and as such, assumed the liability of WEILER to the extent of the penal sum of the bond. 24. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant MICROBIAL SOLUTIONS, INC., a California Corporation dba OC DECKS (“OC DECKS”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 857286, who furnished work and/or materials on the PROJECT. 25. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number SC1039338 in the amount of $25,000.00 on the California State Contractor’s License of Defendant OC DECKS, License Number 857286, and as such, assumed the liability of OC DECKS to the extent of the penal sum of the bond. 26. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CALIFORNIA CUSTOM LIFT, INC. - 7 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 (“CUSTOM LIFT”) was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 417741, who furnished work and/or materials on the PROJECT. 27. Defendant THE OHIO CASUALTY INSURANCE COMPANY (“OHIO CASUALTY”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 661161C in the amount of $15,000.00 on the California State Contractor’s License of Defendant CUSTOM LIFT, License Number 417741, and as such, assumed the liability of CUSTOM LIFT to the extent of the penal sum of the bond. 28. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant SO CAL ROLLING SHUTTER, LLC (“ROLLING SHUTTER”) was a California Limited Liability Company doing business in the County of Orange, California, under California Contractors State License Board License No. 9900221, who furnished work and/or materials on the PROJECT. 29. Defendant SURETEC INSURANCE COMPANY (“SURETEC”) has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 143600 in the amount of $25,000.00 on the California State Contractor’s License of Defendant ROLLING SHUTTER, License Number 9900221, and as such, assumed the liability of ROLLING SHUTTER to the extent of the penal sum of the bond. 30. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant ANDREW SMITH (“SMITH”) was an individual who furnished insulation work and/or materials on the PROJECT. 31. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 1 (“DOE 1”) was an unknown business entity doing business in the County of Orange, California, who furnished HVAC work and/or materials on the PROJECT by and through an individual named “Moe.” 32. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 2 (“DOE 2”) was an unknown business - 8 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 entity doing business in the County of Orange, California, who furnished stucco and/or lath work and/or materials on the PROJECT. 33. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 3 (“DOE 3”) was an unknown business entity doing business in the County of Orange, California, who furnished concrete work and/or materials on the PROJECT. 34. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 4 (“DOE 4”) was an unknown business entity doing business in the County of Orange, California, who furnished bathroom tile work and/or materials on the PROJECT. 35. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 5 (“DOE 5”) was an unknown business entity doing business in the County of Orange, California, who furnished flooring tile work and/or materials on the PROJECT. 36. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 6 (“DOE 6”) was an unknown business entity doing business in the County of Orange, California, who furnished countertop work and/or materials on the PROJECT. 37. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 7 (“DOE 7”) was an unknown business entity doing business in the County of Orange, California, who furnished outside tiling work and/or materials on the PROJECT. 38. Plaintiffs are informed, believe, and based on such information and belief allege, that Defendants DOES 51 through 100 are surety companies who have underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number on the California State Contractor’s License of Defendant DOES 1 through 25 and as such, assumed the liability of DOES 1 through 50 to the extent of the penal sum of the bond. - 9 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 39. The true names and capacities, whether individual, corporate, associate, representative, or otherwise of DOES 1 through 100, inclusive, are presently unknown to this Plaintiff, who therefore sues said Defendant by such fictions names, and Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will seek leave of Court to amend this Complaint to insert the true names and capacities when they are ascertained. 40. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times pled in this Complaint, Defendants and their agents and/or employees, and in doing the things alleged herein, Defendants were acting within the course and scope of their agency and/or employment. 41. Plaintiffs are informed, believe, and based on such information and belief allege, that each of the Defendants, NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50 are legally responsible in some manner for the events and happenings herein referred to, and caused damage proximately thereby to the Plaintiff as alleged herein. 42. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50 were contractors, sub-contractors, suppliers, architects, designers, engineers, surveyors, construction managers and other professional service providers for the PROJECT which is the subject of Plaintiffs’ Complaint. 43. Plaintiffs are informed, believe, and based on such information and belief allege, that from the inception of the PROJECT’s construction, through the present date, Defendants maintained control and supervisory duties of all persons, entities, subcontractors or any other devise of installation. 44. Plaintiffs are informed, believe, and based on such information and belief allege, that from the start date of the PROJECT through the present date, Defendants - 10 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 made inspections, investigations, concealed by temporary repairs, and did not reveal, disclose, or inform Plaintiffs of various building deficiencies and defective conditions of the PROJECT that were observed and/or discovered during inspections, investigations, and temporary repairs conducted by the Defendants and did not disclose budgetary deficiencies in the SONG budget and/or contract, and Plaintiffs reasonably relied on the implied and express representations by Defendants that the PROJECT was adequately reserved and free from building standard deficiencies, defective conditions, construction or design defects, premature and unreasonable deterioration of the improvements at the PROJECT and was constructed in accordance with applicable building standard. 45. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50 willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code § 7109. 46. Plaintiffs are informed, believe, and based on such information and belief allege that each of the violations of residential building standards for the original construction alleged herein were timely alleged in compliance with the limitation periods prescribed in Civil Code §896 and 897. 47. During the construction of the PROJECT, Defendants promised, agreed to, and did make some repairs to the PROJECT, but failed to provide Plaintiffs with accurate and complete information about the repairs, assuring Plaintiffs that any and all building standard violations were incidental anomalies and not systematic and widespread, and concealing, either intentionally or negligently, the true conditions. In so doing, Plaintiffs reasonably relied on said promises, agreements and repairs and thereby deferred the filing of this action. 48. Pursuant to Civil Code § 896 and 897, SONG brings this action individually and on his own behalf for the damage to the PROJECT. Pursuant to said action, SONG - 11 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 has standing to institute the instant action for the damages alleged herein in his own name as the real party in interest. 49. Plaintiffs are informed, believe, and based on such information and belief allege that Plaintiffs have sustained and suffered consequential damages resulting from Defendants’ acts and/or omissions, including, without limitation, loss of private property, improperly installed finishes, potential physical injury, unsatisfactory workmanship, code violations and fraud. Plaintiffs have or will incur expenses in connection with the repair and remediation of such defects and damages. 50. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE and/or NADER are a BUILDER Defendant within the meaning of Civil Code §911(a) as NATIONWIDE and/or NADER was a builder, developer, general contractor, contractor, or original seller who at the time of sale was also in the business of remodeling or constructing residential units. As a result, NATIONWIDE and/or NADER is liable to SONG for violation of the building standards of residential construction enumerated in Civil Code §§896 and 897, et seq. 51. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE (1) may not have had the RMO or RME in direct supervision of work as defined by Business and Professional codes §§ 7065-7077; (2) may not have been duly licensed as defined by Business and Professional codes §§ 7025-7034; and (3) may not have fulfilled the requirement of Business and Professional Code §7159. /// /// /// - 12 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 FIRST CAUSE OF ACTION VIOLATIONS OF THE RESIDENTIAL BUILDING STANDARDS CIVIL CODE §§ 896 AND 897 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 52. Plaintiffs incorporate and re-alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 51 of this Complaint. 53. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH provided services to the PROJECT as builder, general contractor, subcontractor, designer, consultant, and/or material suppliers, improved, supplied materials for, constructed, and/or remodeled the PROJECT. 54. The PROJECT was constructed in violation of the residential building standards set for in Civil Code §§ 896 and 897, including but not limited to the violations identified in “Exhibit A” to this complaint and incorporated herein by reference (the “building Standard Violations”). Plaintiffs’ investigation is continuing, and additional Building Standard Violations may be discovered as this action proceeds. 55. The Building Standard Violations existed at the time that Defendants demanded payment for said work performed in violation of Civil Code §§ 896 and 897. 56. As a direct and proximate result of the Building Standard Violations, Plaintiffs have sustained and will continue to sustain damages, for the value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet requisite standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation - 13 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 and storage expense, lost business income if the home was used as a principal place of business licensed to be operated from the home, reasonable investigative costs for each established violation and all other costs or fees recoverable by contract or statue, all as set forth in Civil Code § 944. Such damages far exceed the minimum jurisdictional amount of the Court according to the proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below prayer. SECOND CAUSE OF ACTION NEGLIGENCE (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 57. Plaintiffs incorporate and re-alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 56 of this Complaint. 58. NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH negligently planned, designed, improved, constructed, inspected, installed, repaired, investigated and/or replaced the PROJECT’S structural, electrical, mechanical elements, including, but not limited to, those identified in Exhibit “A” to this complaint and incorporated herein by reference, and other elements of the PROJECT presently unknown (hereinafter referred to collectively as “Project Defects”). NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code § 7109; failed to use adequate materials, products, goods, devices and procedures, design plans or specifications, resulting in these elements of the PROJECT not functioning or performing properly; being defective so as - 14 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 to create unsafe and unhealthy conditions; and having caused consequential damages to the building, improvements, personal property at the PROJECT, and loss of use of property. 59. NATIONWIDE and/or NADER as BUILDER, failed to supervise the work of those under their control, failed to ensure that reported and known defects were repaired, failed to maintain proper permits or license, and failed to notify SONG of the Project defects. 60. Specifically, NATIONWIDE and/or NADER BUILDER (1) failed to properly inspect, repair and maintain the elements of the PROJECT; (2) negligently advised Plaintiffs that the PROJECT was in a condition suitable for acceptance and habitation, free from defects and/or that all Project Defects had been repaired or did not require repair; (3) performed inspections and repairs using methods and materials which were and are below applicable industry standards; and (4) negligently failed to adequately investigate Project Defects, and advise Plaintiffs of any repairs or investigations undertaken. 61. NATIONWIDE and/or NADER as BUILDER, failed to complete the PROJECT in a timely fashion. 62. NATIONWIDE and/or NADER as BUILDER failed to properly construct, improve, repair, supervise and inspect construction on the Project, so as to eliminate or mitigate the damages alleged herein. 63. NATIONWIDE and/or NADER BUILDER, so negligently planned and designed the building elements of the PROJECT that the details, plans, and specifications provided, and inspections performed, were insufficient, and the actions of said BUILDER fell below the standard of care, failed to warn of potential defects, and failed to observe and report PROJECT defects to the Plaintiffs. 64. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE and/or NADER violated Business and Professionals Code - 15 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 §7109 in that they willfully departed in a material respect from accepted trade standards for good and workmanlike construction. 65. As a direct and proximate result of said defects in the PROJECT, Plaintiffs have been damaged and will continue to be damaged by the expenditure of certain monies for repair and/or replacement of the Project Defects, as well as damages to other property caused as a result of the defects alleged herein, all in excess of the minimum jurisdictional amount of the Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. THIRD CAUSE OF ACTION BREACH OF IMPLIED WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 66. Plaintiffs incorporate and re-alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 65 of this Complaint. 67. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH impliedly warranted that the PROJECT would be free from defects and fit for ordinary residential use, and that the complete structure was designed and constructed in a reasonably workman like manner. 68. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH had a part in designing, building, financing, supplying, distributing products and goods used in or for the construction of the PROJECT and that - 16 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 they were in a better position than Plaintiffs, to know of defects in the construction of the PROJECT and/or defects in materials, products, and goods for the PROJECT; that Plaintiffs relied on the skill and judgment of said Defendants, and each of them, to select and provide products, materials and goods and to perform work suitable to improve and construct the PROJECT free from defects and fit for reasonable residential use, and the implied warranty that the improvements at the complete structure were designed and constructed in a reasonably workmanlike manner. 69. After Plaintiffs discovered said injuries to the PROJECT and/or defects, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the breach of said implied warranties. As a direct and proximate result of the breach of said warranties, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said project defects. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. FOURTH CAUSE OF ACTION BREACH OF EXPRESS WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 70. Plaintiffs incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 69 of this Complaint. 71. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING - 17 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 SHUTTER, and SMITH expressly warranted that the PROJECT would be free from defects and fit for ordinary residential use, and that the complete structure was designed and constructed in a reasonably workman like manner. 72. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH had a part in designing, building, financing, supplying, distributing products and goods used in or for the construction of the PROJECT and that they were in a better position than Plaintiffs to know of defects in the construction of the PROJECT and/or defects in materials, products, and goods for the PROJECT; that Plaintiffs relied on the skill and judgment of said Defendants, and each of them, to select and provide products, materials and goods and to perform work suitable to improve and construct the PROJECT free from defects and fit for reasonable residential use, and the express warranty that the improvements at the complete structure were designed and constructed in a reasonably workmanlike manner. 73. After Plaintiffs discovered said injuries to the PROJECT and/or defects, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the breach of said express warranties. As a direct and proximate result of the breach of said warranties, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said project defects. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. /// /// /// - 18 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 FIFTH CAUSE OF ACTION BREACH OF CONTRACT (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 74. SONG incorporates and re-alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 73 of this Complaint. 75. SONG and NATIONWIDE and/or NADER entered into a contract for New Construction on or about August 15, 2020 whereby NATIONWIDE and/or NADER was to perform all necessary work to build a new home located at 202 2nd St., Huntington Beach, CA (“AGREEMENT”) in exchange for $1,050,300.00. The AGREEMENT is attached hereto as Exhibit “B” to this complaint and incorporated herein by reference. 76. SONG did all, or substantially all, of the significant things the AGREEMENT required him to do by providing payment to NATIONWIDE and/or NADER for the construction. 77. NATIONWIDE and/or NADER breached the AGREEMENT by failing to complete the agreed upon work, and providing work that is incomplete, defective, and constructed in an unworkmanlike manner. 78. After SONG discovered said breaches of contract, as hereinbefore described, notice was given to NATIONWIDE and/or NADER, orally and/or in writing of the breach of said AGREEMENT. 79. SONG is informed, believes, and thereon alleges, that NADER is the alter ego of NATIONWIDE such that he is liable for SONG’s damages. 80. As a direct and proximate result of the breach of said contract, SONG has been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said contract breach. SONG is informed and believes and thereon alleges that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. - 19 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 WHEREFORE, SONG prays for judgment as hereinafter set forth in the below Prayer. SIXTH CAUSE OF ACTION INTENTIONAL MISREPRESENTATION - FRAUD (By SONG and DOAN) (Against NATIONWIDE, NADER, and DOES 8 through 50) 81. SONG and DOAN incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 80 of this Complaint. 82. NADER represented to SONG and DOAN, both individually and as the owner of NATIONWIDE, that Defendants possessed the requisite skill and craftsmanship to perform the work outlined in the AGREEMENT and that Defendants would complete the work on time and for the contract price in order to fraudulently induce SONG into a construction contract with NATIONWIDE and/or NADER for the property he owned with DOAN. 83. Defendants’ representations were false as Defendants did not possess the requisite skill and craftsmanship to perform the work outlined in the AGREEMENT and did not complete the contract despite collecting money from SONG and DOAN. 84. Defendants knew the representations were false when made. 85. SONG and DOAN are informed, believe and thereon allege that Defendants intended SONG and DOAN rely on these representations and SONG and DOAN did in fact reasonably rely on false or fraudulent representations or false statements Defendants knowingly made. 86. After SONG and DOAN discovered said misrepresentation/fraud, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the misrepresentation/fraud. In reliance of the above and as direct and proximate result of the misrepresentation/fraud, SONG and DOAN have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said fraud. SONG and - 20 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 DOAN are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, SONG and DOAN pray for judgment as hereinafter set forth in the below Prayer. SEVENTH CAUSE OF ACTION CONVERSION (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 87. Plaintiffs incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 86 of this Complaint. 88. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER wrongfully exercised control over their personal property by failing to account for $100,000.00 paid by Plaintiffs in cash that was to be applied to SONG’s contract. 89. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER intentionally and substantially interfered with Plaintiff’s property by preventing Plaintiffs from having access to it and failing to account for it. 90. Plaintiffs are informed, believe and thereon allege that they did not consent to this intentional and substantial interference. 91. Plaintiffs are informed, believe and thereon allege that they were harmed by the loss of their personal property. 92. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER’s conduct was a substantial factor in causing their harm. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. /// /// /// - 21 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 EIGHTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7164 (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 93. SONG incorporates and re-alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 92 of this Complaint. 94. SONG is informed, believes and thereon alleges that the AGREEMENT is a “contract between owner and contractor for construction of single-family home” as described by §7164(a) and therefore must contain the general and special requirements outlined in §7164 (b). 95. The AGREEMENT failed to contain the approximate dates when the work will begin and be substantially completed in accordance with §7164(b)(2). 96. The AGREEMENT failed to contain a legal description of the location where the work will be done in accordance with §7164(b)(3). 97. The AGREEMENT failed to contain a statement with the heading “Mechanics Lien Warning” with the language required by §7164(b)(4). 98. The AGREEMENT failed to contain a statement prepared by the board through regulation that emphasizes the value of commercial general liability insurance and encourages the owner to verify the contractor's insurance coverage and status and a check box indicating whether or not the contractor carries commercial general liability insurance in accordance with §7164(b)(5). 99. The AGREEMENT failed to contain a notice stating that the owner has the right to require the contractor to have a performance and payment bond in close proximity to the signatures of the owner and contractor in accordance with §7164(d). 100. As a direct and proximate result of the code violation, SONG has been damaged, and will be damaged, by the expenditure of certain monies caused by or as a result of said violation. SONG is informed and believes and thereon alleges that such - 22 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, SONG prays for judgment as hereinafter set forth in the below Prayer. NINTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7031 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 101. Plaintiffs incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 100 of this Complaint. 102. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not been duly licensed as required by the code. 103. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not been duly bonded as required by the code. 104. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not carried proper workman’s compensation insurance as required by the code. 105. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have violated the code in another manner not yet ascertained. Plaintiffs reserve the right to amend this complaint after further discovery is made. 106. As a direct and proximate result of the code violation, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies caused by or as a result of said violation. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. /// - 23 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 TENTH CAUSE OF ACTION ACTION ON SURETY BOND BUSINESS AND PROFESSIONS CODE § 7071.5 (By SONG, DOAN, and SONG DOAN TRUST) (Against HUDSON, NAVIGATORS, BUSINESS ALLIANCE, AMERICAN, OHIO, SURETEC and DOES 51 through 100) 107. Plaintiffs incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 106 of this Complaint. 108. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30026732 in the amount of $15,000.00 on the California State Contractor’s License of Defendant NATIONWIDE and/or NADER, License Number 1031246, and as such, assumed the liability of NATIONWIDE and/or NADER to the extent of the penal sum of the bond. 109. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30006906 in the amount of $15,000.00 on the California State Contractor’s License of Defendant SPECIALIZED, License Number 1005885, and as such, assumed the liability of SPECIALIZED to the extent of the penal sum of the bond. 110. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 30050713 in the amount of $15,000.00 on the California State Contractor’s License of Defendant WEILER, License Number 586459, and as such, assumed the liability of WEILER to the extent of the penal sum of the bond. 111. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number NAV00020338 in the amount of $15,000.00 on the California State Contractor’s License of Defendant TBS, License Number 1012469, and as such, assumed the liability of TBS to the extent of the penal sum of the bond. - 24 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 112. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number NAV00015704 in the amount of $15,000.00 on the California State Contractor’s License of Defendant RG, License Number 975675, and as such, assumed the liability of RG to the extent of the penal sum of the bond. 113. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number G110413096471 in the amount of $15,000.00 on the California State Contractor’s License of Defendant CAL PRIME, License Number 1075613, and as such, assumed the liability of CAL PRIME to the extent of the penal sum of the bond. 114. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number G100513078379 in the amount of $15,000.00 on the California State Contractor’s License of Defendant REGAL, License Number 1000371, and as such, assumed the liability of REGAL to the extent of the penal sum of the bond. 115. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 100531324the amount of $15,000.00 on the California State Contractor’s License of Defendant CAL ARCE, License Number 977091, and as such, assumed the liability of ARCE to the extent of the penal sum of the bond. 116. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number SC1039338 in the amount of $25,000.00 on the California State Contractor’s License of Defendant OC DECKS, License Number 857286, and as such, assumed the liability of OC DECKS to the extent of the penal sum of the bond. 117. Defendant OHIO has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 661161C in the amount of $15,000.00 on the California State Contractor’s License of Defendant CUSTOM LIFT, License Number - 25 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 417741, and as such, assumed the liability of CUSTOM LIFT to the extent of the penal sum of the bond. 118. Defendant SURETEC has underwritten and provided in their capacity as a Surety, a Contractor’s License Bond Number 143600 in the amount of $25,000.00 on the California State Contractor’s License of Defendant ROLLING SHUTTER, License Number 9900221, and as such, assumed the liability of ROLLING SHUTTER to the extent of the penal sum of the bond. 119. Plaintiffs have been damaged as a result of Defendants’ violations of the Business and Professions Code § 7000 et seq., California State Contractor’s License Law, in the contracting for new construction and as such, hereby claims right to the bonds underwritten or provided as set forth above in the amount of $15,000.00. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. ELEVENTH CAUSE OF ACTION ACTION TO EXPUNGE MECHANIC’S LIEN CIVIL CODE § 3118 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 1 through 50) 120. Plaintiffs incorporate and re-allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 119 of this Complaint. 121. Defendants NATIONWIDE and/or NADER have caused a Mechanic’s Lien to be recorded on Plaintiffs’ real property located at 204 2nd St., Huntington Beach, CA in the amount of $359,282.96 together with interest at the rate of 10% per annum from April 1, 2023. 122. Defendants have claimed an amount owed to them that is larger than any sum actually owed to them. The actual amount owed to Defendants is $0.00. 123. As a result, Defendants have forfeited any right to a lien on Plaintiffs’ property. - 26 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 124. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. PRAYER WHEREFORE, Plaintiffs pray for judgment against DEFENDANTS, as follows: FIRST CAUSE OF ACTION VIOLATIONS OF THE RESIDENTIAL BUILDING STANDARDS CIVIL CODE §§ 896 AND 897 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 1. For damages in an amount to be determined and according to proof at the trial of this action; 2. For interest thereon, at the maximum legal rate; 3. For prejudgment interest on all sums awarded, at the maximum legal rate; 4. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 5. For the reasonable cost of repairing any damages caused by the repair efforts; 6. For the reasonable cost of removing and replacing any improper repair by the builder; 7. Attorney fees in an amount the court determines to be reasonable; 8. For reasonable relocation and storage expenses; 9. For loss of income; 10. For reasonable investigative costs for each established violations; 11. For costs of suit incurred herein; - 27 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 12. For consequential damages according to proof at the time of trial and as provided by law; 13. For expert fees and costs; 14. For loss of use of the property; and 15. For such and further relief as the Court deems just and proper. SECOND CAUSE OF ACTION NEGLIGENCE (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 16. For damages in an amount to be determined and according to proof at the trial of this action; 17. For interest thereon, at the maximum legal rate; 18. For prejudgment interest on all sums awarded, at the maximum legal rate; 19. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 20. For the reasonable cost of repairing any damages caused by the repair efforts; 21. For the reasonable cost of removing and replacing any improper repair by the builder; 22. Attorney fees in an amount the court determines to be reasonable; 23. For reasonable relocation and storage expenses; 24. For loss of income; 25. For reasonable investigative costs for each established violations; 26. For costs of suit incurred herein; - 28 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 27. For consequential damages according to proof at the time of trial and as provided by law; 28. For expert fees and costs; 29. For loss of use of the property; and 30. For such and further relief as the Court deems just and proper. THIRD CAUSE OF ACTION BREACH OF IMPLIED WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 31. For damages in an amount to be determined and according to proof at the trial of this action; 32. For interest thereon, at the maximum legal rate; 33. For prejudgment interest on all sums awarded, at the maximum legal rate; 34. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 35. For the reasonable cost of repairing any damages caused by the repair efforts; 36. For the reasonable cost of removing and replacing any improper repair by the builder; 37. Attorney fees in an amount the court determines to be reasonable; 38. For reasonable relocation and storage expenses; 39. For loss of income; 40. For reasonable investigative costs for each established violations; 41. For costs of suit incurred herein; - 29 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 42. For consequential damages according to proof at the time of trial and as provided by law; 43. For expert fees and costs; 44. For loss of use of the property; and 45. For such and further relief as the Court deems just and proper. FOURTH CAUSE OF ACTION BREACH OF EXPRESS WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 46. For damages in an amount to be determined and according to proof at the trial of this action; 47. For interest thereon, at the maximum legal rate; 48. For prejudgment interest on all sums awarded, at the maximum legal rate; 49. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 50. For the reasonable cost of repairing any damages caused by the repair efforts; 51. For the reasonable cost of removing and replacing any improper repair by the builder; 52. Attorney fees in an amount the court determines to be reasonable; 53. For reasonable relocation and storage expenses; 54. For loss of income; 55. For reasonable investigative costs for each established violations; 56. For costs of suit incurred herein; - 30 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 57. For consequential damages according to proof at the time of trial and as provided by law; 58. For expert fees and costs; 59. For loss of use of the property; and 60. For such and further relief as the Court deems just and proper. FIFTH CAUSE OF ACTION BREACH OF CONTRACT (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 61. For damages in an amount to be determined and according to proof at the trial of this action; 62. For interest thereon, at the maximum legal rate; 63. For prejudgment interest on all sums awarded, at the maximum legal rate; 64. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 65. For the reasonable cost of repairing any damages caused by the repair efforts; 66. For the reasonable cost of removing and replacing any improper repair by the builder; 67. Attorney fees in an amount the court determines to be reasonable; 68. For reasonable relocation and storage expenses; 69. For loss of income; 70. For reasonable investigative costs for each established violations; 71. For costs of suit incurred herein; 72. For consequential damages according to proof at the time of trial and as provided by law; 73. For expert fees and costs; - 31 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 74. For loss of use of the property; and 75. For such and further relief as the Court deems just and proper. SIXTH CAUSE OF ACTION INTENTIONAL MISREPRESENTATION - FRAUD (By SONG and DOAN) (Against NATIONWIDE, NADER, and DOES 8 through 50) 76. For damages in an amount to be determined and according to proof at the trial of this action; 77. For interest thereon, at the maximum legal rate; 78. For prejudgment interest on all sums awarded, at the maximum legal rate; 79. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 80. For the reasonable cost of repairing any damages caused by the repair efforts; 81. For the reasonable cost of removing and replacing any improper repair by the builder; 82. Attorney fees per Business and Professionals Code §7160 in an amount the court determines to be reasonable; 83. $500 Penalty per Business and Professionals Code §7160. 84. For reasonable relocation and storage expenses; 85. For loss of income; 86. For reasonable investigative costs for each established violations; 87. For costs of suit incurred herein; 88. For consequential damages according to proof at the time of trial and as provided by law; 89. For expert fees and costs; 90. For putative damages; - 32 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 91. For loss of use of the property; and 92. For such and further relief as the Court deems just and proper. SEVENTH CAUSE OF ACTION CONVERSION (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 93. For damages in an amount to be determined and according to proof at the trial of this action; 94. For interest thereon, at the maximum legal rate; 95. For prejudgment interest on all sums awarded, at the maximum legal rate; 96. Attorney fees in an amount the court determines to be reasonable; 97. For reasonable investigative costs for each established violations; 98. For costs of suit incurred herein; 99. For consequential damages according to proof at the time of trial and as provided by law; 100. For expert fees and costs; 101. For loss of use of the property; and 102. For such and further relief as the Court deems just and proper. EIGHTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7164 (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 103. For damages in an amount to be determined and according to proof at the trial of this action; 104. For interest thereon, at the maximum legal rate; 105. For prejudgment interest on all sums awarded, at the maximum legal rate; - 33 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 106. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 107. For the reasonable cost of repairing any damages caused by the repair efforts; 108. For the reasonable cost of removing and replacing any improper repair by the builder; 109. Attorney fees in an amount the court determines to be reasonable; 110. For reasonable relocation and storage expenses; 111. For loss of income; 112. For reasonable investigative costs for each established violations; 113. For costs of suit incurred herein; 114. For consequential damages according to proof at the time of trial and as provided by law; 115. For expert fees and costs; 116. For loss of use of the property; and 117. For such and further relief as the Court deems just and proper. NINTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7031 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 118. For damages in an amount to be determined and according to proof at the trial of this action; 119. For interest thereon, at the maximum legal rate; 120. For prejudgment interest on all sums awarded, at the maximum legal rate; 121. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; - 34 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 122. For the reasonable cost of repairing any damages caused by the repair efforts; 123. For the reasonable cost of removing and replacing any improper repair by the builder; 124. Attorney fees in an amount the court determines to be reasonable; 125. For reasonable relocation and storage expenses; 126. For loss of income; 127. For reasonable investigative costs for each established violations; 128. For costs of suit incurred herein; 129. For consequential damages according to proof at the time of trial and as provided by law; 130. For expert fees and costs; 131. For loss of use of the property; and 132. For such and further relief as the Court deems just and proper. TENTH CAUSE OF ACTION ACTION ON SURETY BOND BUSINESS AND PROFESSIONS CODE § 7071.5 (By SONG, DOAN, and SONG DOAN TRUST) (Against HUDSON, NAVIGATORS, BUSINESS ALLIANCE, AMERICAN, OHIO, SURETEC and DOES 51 through 100) 133. For damages in the amount of the penal sum of the bond in the amount of $15,000.00; and 134. For such and further relief as the Court deems just and proper. ELEVENTH CAUSE OF ACTION ACTION TO EXPUNGE MECHANIC’S LIEN CIVIL CODE § 3118 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 1 through 50) 135. For an order expunging the mechanic’s lien; 136. Attorney fees in an amount the court determines to be reasonable; - 35 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 137. For costs of suit incurred herein; and 138. For such and further relief as the Court deems just and proper. Dated: August 22, 2023 ENGELS LAW ___________________________________ Christopher Engels, Esq. Attorneys for Alex Song and Traci Doan, individually and as Trustees of The Song Doan Nevada Trust - 36 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 Exhibit A PRELIMINARY LIST OF VIOLATIONS OF CONSTRUCTION STANDARDS ACTIONABLE VIOLATIONS UNDER CALIFORNIA CIVIL CODE §896-§897 Cal Civ Code §896 (a) With respect to water issues:(1) A door shall not allow unintended water to pass beyond, around, or through the dooror its designed or actual moisture barriers, if any.(2) Windows, patio doors, deck doors, and their systems shall not allow water to passbeyond, around, or through the window, patio door, or deck door or its designed or actualmoisture barriers, including, without limitation, internal barriers within the systemsthemselves. For purposes of this paragraph, “systems” include, without limitation,windows, window assemblies, framing, substrate, flashings, and trim, if any.(3) Windows, patio doors, deck doors, and their systems shall not allow excessivecondensation to enter the structure and cause damage to another component. For purposesof this paragraph, “systems” include, without limitation, windows, window assemblies,framing, substrate, flashings, and trim, if any.(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allowwater to enter the structure or to pass beyond, around, or through the designed or actualmoisture barriers, including, without limitation, internal barriers located within thesystems themselves. For purposes of this paragraph, “systems” include, withoutlimitation, framing, substrate, and sheathing, if any.(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systemsshall not allow water to pass into the adjacent structure. For purposes of this paragraph,“systems” include, without limitation, framing, substrate, flashing, and sheathing, if any.(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systemsshall not allow unintended water to pass within the systems themselves and cause damageto the systems. For purposes of this paragraph, “systems” include, without limitation,framing, substrate, flashing, and sheathing, if any.(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, anddrainage systems, that are installed as part of the original construction, shall not beinstalled in such a way as to cause water or soil erosion to enter into or come in contactwith the structure so as to cause damage to another building component.(10) Stucco, exterior siding, exterior walls, including, without limitation, exteriorframing, and other exterior wall finishes and fixtures and the systems of thosecomponents and fixtures, including, but not limited to, pot shelves, horizontal surfaces,columns, and plant-ons, shall be installed in such a way so as not to allow unintendedwater to pass into the structure or to pass beyond, around, or through the designed oractual moisture barriers of the system, including any internal barriers located within thesystem itself. For purposes of this paragraph, “systems” include, without limitation,framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation toenter the structure and cause damage to another component. For purposes of thisparagraph, “systems” include, without limitation, framing, substrate, flashings, trim, wallassemblies, and internal wall cavities, if any.(18) The waterproofing system behind or under ceramic tile and tile countertops shall notallow water into the interior of walls, flooring systems, or other components so as tocause damage. Ceramic tile systems shall be designed and installed so as to deflectintended water to the waterproofing system. (d) With respect to fire protection issues:(1) A structure shall be constructed so as to materially comply with the design criteria ofthe applicable government building codes, regulations, and ordinances for fire protection - 37 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 of the occupants in effect at the time of the original construction. (g) With respect to issues regarding other areas of construction: (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. (B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. (C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. (D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. (13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. (15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. Cal Civ Code §897 The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage. - 38 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENGELS LAW APC 555 ANTON BLVD., SUITE 150 COSTA MESA CA 92626 TELEPHONE: (949) 269-7709 Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- PROOF OF SERVICE PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 555 Anton Blvd. Suite 150 Costa Mesa, California. I served the within document(s) described as: FIRST AMENDED COMPLAINT FOR DAMAGES; and FIRST AMENDED SUMMONS WITH ATTACHMENT FOR ADDITIONAL PARTIES on the interested parties in this action as stated on the attached mailing list. [] (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Firm’s practices for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Ladera Ranch, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by overnight service, an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document(s) in a sealed envelope or package designated by the express service carrier, addressed as set forth on the attached mailing list, with fees for overnight delivery paid or provided for. [ x] (BY FACSIMILE OR EMAIL) Based upon an agreement of the parties to accept serviceby facsimile transmission or email, I caused the foregoing document(s) to be transmittedto a facsimile machine telephone number or email address as last given by counsel or partyin pro per as set forth on the attached mailing list. [ ] (BY PERSONAL DELIVERY) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list and causing such envelope(s) to be delivered to the office of the addressee(s). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 22, 2023, at Costa Mesa, California. _______________________________Leilani Kaihewalu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PROOF OF SERVICE SERVICE LIST CASE NO. 30-2023-01326343 Christopher MorrowTeresa L. Polk SMTD LAW LLP 17901 Von Karman Avenue, Suite 500 Irvine, California 92614 T: (949) 537-3800 E: cm@smtdlaw.com ; tpolk@smtdlaw.com Attorneys for Elie Nader and Nationwide Contracting Services Inc., dba Nationwide General Construction Services i D 1 RAQUEL CRUZ State Bar No 256399 SPACE BELOW FOR COURT USE ONLY THE L 4W OFFICES OF LARRY H PAf KER INC 2 350 San Antonio Drive Long Beach California 90807 0948 F I L E D35624272044Fax5624909855SUPERIORCOURTOFCALIFORNIA COUNTY OF SAN P3ERNARDINO4SANBERNARDINOC V L DIVISION 5 Attorneys for Plaintiff Rufina Loeras OCT 0 2 2014 s 6 p L DEPUTY 1 v7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN BERNARDINO 10 11 RUFINA LOERAS j CASE NO l yE 12 Plaintiff COMPLAINT FOR PERSONAL INJURIES 13 v 14 SATIEL HERNANDEZ PEREZ KASA CONSTRUCTION INC 15 and DOES 1 through 100 Inclusive 16 Defendants 17 18 19 Plaintiff Rufina Loeras alleges 20 21 1 At all times herein mentioned plaintiff Rufina Loeras was and is a 22 competent adult residing in the City of Fontana County of San Bernardino California 23 2 At all times herein mentioned defendant Satiel Hernandez Perez 24 was and is a natural person residing in the City of San Bernardino County of San 25 Bernardino California 26 27 28 COMPLAINT FOR PERSONAL INJURIES 1 3 Plaintiff Rufina Loeras is unsure of the legal capacities of 2 defendant Kasa Contruction Inc whether corporate dba partnership joint venture or 3 otherwise and will seek leave to amend this complaint at such time as same is 4 discovered or will disclose same through discovery 5 4 The true names and capacities of the defendants sued herein as 6 Does 1 through 100 inclusive are unknown to plaintiff who therefore sues said 7 defendants by such fictitious names Plaintiff Rufina Loeras is informed and believes 8 and thereon alleges that each of the defendants herein designated as a Doe is legally 9 responsible in some manner for the events and happenings herein referred to and 10 caused injury and damages to plaintiff as herein alleged 11 5 At all times alleged herein each defendant was the agent and 12 employee of each of his codefendants and in doing the things herein described was 13 acting within the scope of his authority as such agent and employee 14 6 At all times material herein Valley Boulevard was and is a public 15 highway in the City of Fontana County of San Bernardino State of California 16 7 On or about March 25 2014 plaintiff Rufina Loeras was the driver 17 of a vehicle on Valley Boulevard at or near its intersection with Juniper Avenue and at 18 the same time and place defendants and each of them so negligently owned 19 controlled repaired entrusted maintained and operated an automobile as to cause it 20 to and it did become involved in an accident or collision injuring and damaging plaintiff 21 as hereinafter described 22 8 At all times set forth herein defendants and each of them were the 23 owners of their aforementioned automobile and at all times herein referred to said 24 vehicle was being used and operated with the knowledge and consent of said owners 25 26 27 28 2 COMPLAINT FOR PERSONAL INJURIES 1 9 As a cause of said conduct of defendants and each of them 2 plaintiff sustained personal injuries which caused and will continue to cause pain 3 discomfort and physical disability to plaintiff general damage in an amount according to 4 proof which in good faith is believed to be an amount within the jurisdictional limits of 5 this court 6 10 As a further cause of said conduct of defendants and each of 7 them plaintiff employed and will employ in the future physicians surgeons and others 8 for examination treatment and care and thereby incurred and will incur medical and 9 incidental expense the exact amount of which is unknown at this time and plaintiff will 10 offer proof thereof at the time of trial 11 11 As a further cause of the above described conduct of defendants 12 and each of them the aforementioned automobile of plaintiff was damaged and 13 depreciated so that repairs were necessary the reasonable costs of repairs or the 14 amount of depreciation being unknown at this time and plaintiff will offer proof thereof 15 at the time of trial 16 12 As a further cause of said conduct of defendants and each of 17 them plaintiff lost the use of said automobile for a period of time that the reasonable 18 value of said loss of use of said automobile is unknown to plaintiff at this time and plain 19 tiff will offer proof thereof at the time of trial 20 13 At the time of the described improper conduct of defendants and 21 each of them plaintiff Rufina Loeras was gainfully employed for compensation and as 22 a further cause of defendants conduct and each of them plaintiff has been and in the 23 future wifl be deprived of earnings the exact amount of which is unknown at this time 24 and plaintiff will offer proof thereof at the time of trial 25 26 27 28 3 COMPLAINT FOR PERSONAL INJURIES e 1 WHEREFORE judgment is prayed for against defendants and each of 2 them as follows 3 1 General damages according to proof 4 2 Medical and related expenses past and future according to proof 5 3 Loss of earnings past and future in a sum according to proof 6 4 Loss of income from impaired earning capacity past and future 7 according to proof 8 5 Property damage in a sum according to proof 9 6 Loss of use of automobile in a sum according to proof 10 7 For prejudgment interest pursuant to Civil Code 3291 11 8 Costs of suit incurred herein and 12 9 For such other relief as may be appropriate 13 14 15 Dated September 2014 16 RAQUE CRUZ Member of 17 THE LAW OF ES LARRY H PAR E INC Attorneys for lainti fina Loeras 18 19 20 21 22 23 24 25 26 27 28 a COMPLAINT FOR PERSONAL INJURIES Page: 1 of 1 2Total Records: 12/14/2023Search Date: Filter Applied: Defendant Name all american asphalt Defendant Name Party Type Case Number NAICS Code NAICS Industry Date Filed Assigned Deputy DIR Office Case Status All American Asphalt, a California Corporation Defendant WC-CM-888710 32732 Ready-Mix Concrete Manufacturing 06/11/2022 Puniloa Chavira San Bernardino WCA Hearing Approved All American Asphalt, a California Corporation Defendant WC-CM-780654 561311 Employment Placement Agencies 03/27/2020 Maria Elena Sandoval San Bernardino WCA Closed Settled – Pre-hearing Page: 1 of 1 1Total Records: 12/15/2023Search Date: Filter Applied: Defendant Name pcn3 Defendant Name Party Type Case Number NAICS Code NAICS Industry Date Filed Assigned Deputy DIR Office Case Status PCN3, INC., Defendant 05-55056 02/17/2012 Long Beach WCA Closed STAFF REPORT S.A. ITEM NO. __1__ TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: February 07, 2024 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $6,540.19. BACKGROUND The attached Claims and Demands the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The December 12, 2023 to January 24, 2024 Successor Agency Warrant with check number 13628 through 13632 in the total amount of $6,540.19 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Check Register City of Baldwin Park, CA By (None) Payment Dates 12/12/2023 - 1/24/2024 Payment Number Payment Date Vendor Name Description (Item)Account Number Amount 13628 12/14/2023 RSG INC HOUSING SUCCESSOR EXPENDITURE CATCH-UP 890-40-405-51100-00000 556.25$ 13629 01/04/2024 RSG INC HOUSING SUCCESSOR EXPENDITURE CATCH-UP 890-40-405-51100-00000 1,406.25$ 13630 01/11/2024 CHRISTENSEN & SPATH LLP LEGAL SERVICE-HOUSING PROGAM IN OCT& DEC 2023 890-40-131-51102-54000 3,600.00$ 13631 01/11/2024 HDL, COREN & CONE PROPERTY TAX-JULY-SEP 2023 838-00-000-51100-14900 940.19$ 13632 01/18/2024 RSG INC HOUSING SUCCESSOR EXPENDITURE CATCH-UP 890-40-405-51100-00000 37.50$ Grand Total:6,540.19$