TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: P.J. Mellana, Director of Parks and Recreation
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 690.5, in a form approved by the City Attorney, with Daniella Carter, dba Pretty Smart, for various design professional projects as determined by individual task order.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Agreement File 690.5 with Daniella Carter, dba Pretty Smart, for various design professional projects as determined by task order.
The various projects will primarily include a concept design and a construction cost estimate for the potential adaptive reuse of the gymnasium at Simms Park into a Public Safety Substation. Additionally, the City is seeking services related to the furniture plan design and specifications for the City’s Youth and Senior Center which is in the construction planning phase now, and is set to break ground in late 2023 and open in the summer of 2025.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 690.5, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The maximum task order amount for Agreement File No. 690.5 will be $150,000 annually. The hourly rates for design services will vary depending on the desired project, scope of work, format, and services.
Services will be paid out of varying accounts in different departments and will be specific to allocated approved budget limits and for specific task orders and projects. The initial priority projects identified in the above Executive Summary would be paid out of the established Public Safety Center (011-47253-9000) and Youth & Senior Center (011 & 070-47604-9000) approved budgets.
12-D
Staff Report – Agreement File No. 690.5 with Daniella Carter, dba Pretty Smart January 23, 2023
DISCUSSION
With many projects in motion and several more in the pipeline the City’s demand for design related services for capital improvements is growing and is anticipated to remain consistent for the next several years. In an effort to provide flexibility to multiple City departments and streamline the contracting process for design professional projects, staff is recommending the implementation of a four year, on-call contract with Pretty Smart.
Pretty Smart has extensive design service experience and has worked with City staff on various projects, including the Public Works Yard Office renovation design, the Simms Park Community Center renovation design, and the Youth and Senior Center design; services have been provided in a cost-effective and timely manner.
ATTACHMENT
Agreement File No. 690.5 …………………………………………..………….……………………3
AGREEMENT FILE NO. 690.5
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF BELLFLOWER AND
DANIELLA CARTER, dba PRETTY SMART
FOR ON-CALL DESIGN SERVICES FOR VARIOUS PROFESSIONAL PROJECTS
THIS AGREEMENT is entered into this 23rd day of January 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”) and Daniella Carter, dba Pretty Smart, an S Corporation (“CONSULTANT”).
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT for CONSULTANT’s services a sum not to exceed sum(s) as set forth in duly executed Task Order(s).
2. SCOPE OF SERVICES.
A. CONSULTANT will perform general design services listed in the attached Exhibit “A” which is incorporated by reference.
B. The specific services required of CONSULTANT under this Agreement will consist of the tasks and obligations defined in a Task Order approved by CITY and CONSULTANT, in response to specific project scopes of work and services requested by CITY. Any duly executed and approved Task Order will become a part of this Agreement. The standard form for the Task Order is set forth in Exhibit B.
C. Consulting services required by CITY will be provided on an as-needed basis with CITY determining and advising CONSULTANT as to when specific services are required to be performed or completed by CONSULTANT.
D. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have 15 days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS.
A. For CITY to pay CONSULTANT as specified by this Agreement and as set forth in each approved Task Order, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs, the tasks performed, the percentage of the task completed during the billing period, and/or the cumulative percentage completed for each task.
B. For services involving the preparation of plans and specifications, payment to CONSULTANT, as provided herein, will not exceed ninety percent (90%) of the total amount for the specific Task Order before completing the plans and specifications. The final 10% will be paid within 45 days after CITY accepts the plans and specifications, as determined by the City Manager.
C. Except as otherwise authorized by CITY’s City Council, the maximum not- to-exceed amount for any individual Task Order will be limited to $60,000.
D. CITY’s City Manager may make payments up to $60,000 for special items of work not included in the project scope of work and services as set forth in the Task Order. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement.
E. CITY will not reimburse CONSULTANT for the following: staff time or overtime for performing secretarial, clerical, or word processing functions; charges for time spent to provide necessary information for CITY audits, billing or budget inquiries; and computer on line charges.
F. CITY will reimburse CONSULTANT for actual and necessary ordinary out-of-pocket expenses reasonably incurred by CONSULTANT in performance of the service provided by CONSULTANT. Such reimbursement will be at cost, i.e., without mark-up. Examples are as follows: deposition fees; postage; messenger/process service; and document reproduction.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s City Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $60,000 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
8. TERM. The term of this Agreement will be from January 30, 2023 to December 31, 2026. The Manager, at CITY’s option, may extend the term twice for not more than a total of five years. Unless otherwise determined by written amendment between the parties, this Agreement will terminate at the end of the Term or as set forth in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Scope of Work; and
B. Exhibit B: Task Order.
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least 30 days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION. This Agreement contemplates that CONSULTANT will act both as a design professional (as defined by Civil Code § 2782.8) and for other management services. Accordingly, CONSULTANT agrees to provide indemnification as follows:
A. For design professional services (per Civil Code § 2782.8):
i. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, or
representatives.
B. For all other services:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
C. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT 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.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the CITY Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Daniella Carter Attention: P.J. Mellana, Director of Parks and Recreation
Pretty Smart City of Bellflower
4117 E. 4th Street 16600 Civic Center Drive
Long Beach, CA 90814 Bellflower, CA 90706
562-343-2491 562-804-1424
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
27. ☐ This Section applies only if box is checked. POLITICAL REFORM ACT.
CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Code of Regulations, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
City of Bellflower
Agreement File No. 690.5
Daniella Carter, dba Pretty Smart
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER PRETTY SMART
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Daniella Carter, Principal
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 26-2945184
ATTACHMENTS:
Exhibit A – Scope of Work
Exhibit B – Task Order Standard Form
AGREEMENT FILE NO. 690.5
EXHIBIT A – SCOPE OF WORK
Design services may include:
Service Estimated Cost
Simms Park Community Center Adaptive Re-use and
Addition for Reception area and Public Safety
substation. Develop concept design and preparation of
construction cost estimate, and connect the concept
design with previously completed Simms Park
Community Center renovation design.
$58,000
Youth and Senior Center Furniture Design and
Specification. Develop complete furniture program for
all spaces at the youth and senior center. Develop
furniture look books, refine options, provide timeline
and cost estimate for selected furniture options.
Assistance coordinating procurement and installation
with the City and vendors. The furnishing scope
consists private and open office areas, break room, (2) youth rooms, (2) senior rooms, (20) multipurpose
rooms, (2) common areas, (1) exterior courtyard, (1)
entry foyer/waiting room, (1) reception area.
$26,000
AGREEMENT FILE NO. 690.5
EXHIBIT B – TASK ORDER STANDARD FORM
CITY OF BELLFLOWER
AGREEMENT FILE NO. XXX
TASK ORDER NO. X
______________________________________________________________________
Date Prepared:
Consultant/Contractor Name: Daniella Carter dba Pretty Smart Project Name: On-Call Design Services for Various Professional Projects Account Number:
Total Cost:
Description of services to be performed under this Task Order:
Recommended/Approved by:
P.J. Mellana, Director of Parks and Recreation Date
Jeffrey L. Stewart, City Manager Date
12-E
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development SUBJECT: Consideration and possible action to receive and file Lease Agreement File No. 982 with Millennial Threadz LLC for lease of property at 16552 Bellflower Boulevard, identified as Kiosk B.
DATE: January 23, 2023
EXECUTIVE SUMMARY
On January 23, 2023, the City entered into the above referenced Lease Agreement File No. 982 with Noe Preciado. The purpose of this agreement is to allow Noe Preciado to enter the City-owned property located at 16552 Bellflower Blvd. Kiosk B for purpose of operating Millennial Threadz LLC, a retail clothing store.
RECOMMENDATION TO THE CITY COUNCIL
1) Receive and file Lease Agreement File No. 982; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
For the first six full-calendar months of the Lease, Millennial Threadz LLC is required to pay a monthly lease fee of $150. Starting with month seven through month 12, the lessee is not required to pay a monthly lease fee for use of the kiosk. Resuming at month 13, the lessee will pay $150 for the remaining 12 months of the Lease.
DISCUSSION
On April 25, 2016, City Council approved the guidelines and incentives for the Kiosk Small Business Program to encourage entrepreneurs to submit an application and business proposal. During the 2022 submission period, a total of 11 proposals were received for the Kiosk B vacancy. Economic Development Department staff independently reviewed and scored each proposal. After scores were tallied, Millennial Threadz LLC scored the 3rd highest of the proposals submitted (the highest scoring individual declined to move forward, and the runner -up recently terminated his Snow Shoppe lease). Millennial Threadz LLC will sell screen printed and custom embroidery items from Kiosk C. He plans to expand his business by offering design services and promote on social media to attract a variety of customers.
ATTACHMENT
Agreement File No. 982 .................................................................................................. 2 - Page 1 of 9 -
AGREEMENT FILE NO. 982
LEASE AGREEMENT BETWEEN THE
CITY OF BELLFLOWER AND
MILLENNIAL THREADZ LLC
THIS LEASE is made and executed this 23 day of January, 2023, between CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”), and MILLENNIAL THREADZ LLC (“LESSEE”).
1. RECITALS. This Lease is made with reference to the following facts and objectives:
A. CITY is the owner of commercial real property identified below. CITY desires to lease the real property to LESSEE as part of the CITY’s kiosk promotion.
B. LESSEE is a corporation that desires to lease the commercial real property from CITY pursuant to the terms and conditions outlined in this Lease.
2. LEASE; DESCRIPTION OF PROPERTY. CITY leases to LESSEE to use, on the terms and conditions of this Lease, portions of real property identified as Kiosk B (“Property”), which is incorporated by reference.
3. RENT. LESSEE agrees to pay to CITY as rental for the Property the sum of one hundred fifty dollars ($150.00) each month, payable in advance on the first day of each month during the term. The rent must be paid according to the following schedule:
A. For the first month of the term of this Lease, and for each of the five months that follow, LESSEE must pay the CITY the full amount of rent as described above.
B. Commencing on the seventh month of the term of this Lease, and for each of the five months that follow, LESSEE need not pay any rent to the CITY.
C. Commencing on the thirteenth month of the term of this Lease (i.e., the first month of the second year of the term of the Lease), and for each month that follows until the Lease is terminated, LESSEE must pay the CITY the full amount of rent as described above.
4. TERM. The initial term of this Lease is for two (2) years, commencing on the date of this Lease (“Initial Lease Term”). Provided that LESSEE is not in default in the performance of this Lease, upon the expiration of the Initial Lease Term, the term will continue as a month-to-month tenancy. The LESSEE may only terminate their Lease on the last day of any month and the CITY must receive a written notification of non- renewal at least 30 days prior to the last day of that month. If the LESSEE plans to leave on or after the first day of any month, they are responsible for that month’s full rent.
5. USE OF PROPERTY. Subject to the limitations listed below, LESSEE may use the Property for the commercial purpose of selling clothing, hats, and printed accessories.
The Property may not be used for any other purpose. Operating hours are Tuesday, Wednesday, Thursday, and Friday, from 10:00 a.m. – 6:00 p.m., Saturday from 11:00 a.m. – 7:00 p.m., and Sunday from noon – 7:00 p.m. and various operating hours for City sponsored events days (as noted in application).
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
6. UTILITIES; BELMONT COURT RESTROOM KEYS.
A. LESSEE is responsible directly to the serving entities for all utilities required for its use of the Property. “Utilities” means electricity, gas, telephone services, trash, water, internet, and cable television.
B. CITY will provide annual, routine maintenance to the air conditioning (A/C) unit at the Property; however, any additional maintenance required for the unit will be paid by the LESSEE.
C. Except as stated in subsection B, LESSEE agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of the Property.
D. The LESSEE agrees to pay CITY a deposit of $50 for Belmont Court Restroom keys. This amount is refundable upon termination of the Lease.
7. TRASH AND GARBAGE. LESSEE will provide and pay all costs for the complete and proper disposal and timely removal of all refuse resulting from its operations.
LESSEE will provide and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or other similar items in view of a public area will not be permitted. LESSEE is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.
8. MAINTENANCE QUALITY. CITY’s designees may, at any reasonable time and without notice, enter the Property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to LESSEE which includes the specific nature of the complaint. Should LESSEE fail to improve and sustain quality maintenance within thirty (30) days of CITY’s notice, CITY may enter upon the Property and perform such maintenance. LESSEE will promptly reimburse CITY for the cost of maintenance, plus ten percent (10%) for CITY’s administrative overhead.
9. HAZARDOUS WASTE. CITY has not, nor, to CITY’s knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within the Property in violation of any law or regulation. LESSEE agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by LESSEE of any warranty or agreement contained in this section. As used in this section, “hazardous material” means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
10. POSSESSORY INTEREST TAXES. LESSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that LESSEE may be subject to the payment of property taxes levied on its interest. LESSEE may not deduct such amount from payments to CITY.
11. QUIET ENJOYMENT. CITY agrees that LESSEE, upon making payments to be paid by LESSEE under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy the Property during the term of this Lease.
12. CITY’S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein.
13. TERMINATION. This Lease may be terminated as follows:
A. At the expiration of the term;
B. Upon mutual written agreement between the parties;
C. If either party gives thirty (30) days’ written notice to the other of its intent to terminate this Lease;
D. Upon the Property being condemned; or
E. Should LESSEE materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY’s reasonable satisfaction.
14. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, LESSEE will vacate the Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted.
15. SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Property to any transferee other than LESSEE, then such transfer will be under and subject to this Lease and all of LESSEE’s rights hereunder.
16. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LESSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LESSEE’s improvements.
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
17. RELOCATION BENEFITS. LESSEE acknowledges that it was informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose. LESSEE further acknowledges that any rights acquired under this Lease arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY. LESSEE acknowledges that at the time of any termination of this Lease, LESSEE will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.
18. NO PUBLIC PROJECT. All rights given to LESSEE pursuant to this Lease are for LESSEE’s use of the public property identified herein. Any trespass, use, or other utilization of private property by LESSEE is done at its own risk; LESSEE is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project.
19. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then it will immediately terminate without obligation of either party to the other.
20. NO FIXTURES. Improvements and facilities that currently exist, or may be constructed during the term of this Lease, will not constitute fixtures attached to the Property. Any such facilities may be removed by LESSEE upon termination of the Lease.
21. ALTERATIONS, MECHANICS’ LIENS. Except as provided by this Lease, LESSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY’s prior written consent. LESSEE will keep the property free from any liens arising out of any work performed, material furnished, or obligations incurred by LESSEE.
22. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by LESSEE, court order, or through any other means. Any such purported transfer will be null and void.
23. HOLDOVER. If LESSEE holds possession of the Property after the Initial Lease Term, or any option, expires, LESSEE will become a tenant from month-to-month at the rent described in Section 3. Such tenancy will be subject to all of the terms and conditions of this Lease.
24. INDEMNIFICATION.
A. LESSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Lease, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim - Page 5 of 9 -
City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, LESSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and volunteers.
C. LESSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease.
E. The requirements as to the types and limits of insurance coverage to be maintained by LESSEE as required by Section 25 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LESSEE pursuant to this Lease, including but not limited to the provisions concerning indemnification.
25. INSURANCE. LESSEE must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow:
A. LESSEE will provide Commercial General Liability, Broad Form General Liability and Business Automobile Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LESSEE’s performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage.
B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as “additional insureds” under said insurance coverage, to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
C. LESSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
26. COMPLIANCE WITH LAW. LESSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction that LESSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LESSEE.
27. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease.
28. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, or a general assignment by LESSEE for the benefit of creditors, or any action taken or offered by LESSEE under any insolvency or bankruptcy action, will constitute a breach of this Lease by LESSEE, and in such event this Lease will automatically cease and terminate.
29. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to:
LESSEE at: Millennial Threadz LLC
Attn: Noe Preciado
651 Williamson Ave.
Los Angeles, CA 90022
Email: [email protected]
Phone: (323)350-3825
CITY at: City of Bellflower
Attn: Economic Development Department
16600 Civic Center Drive
Bellflower, CA 90706
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
30. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Lease and related documents to be entered into in connection with this Lease will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
31. GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County.
32. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding.
33. INTEGRATION. This instrument constitutes the sole agreement between CITY and LESSEE respecting the Property, the use of the Property by LESSEE, and the specified term, and correctly sets forth the obligations of CITY and LESSEE. Any Lease or representations respecting the Property or its licensing by CITY to LESSEE not expressly set forth in this instrument are void.
34. CONSTRUCTION. The language of each part of this Lease will be construed simply and according to its fair meaning, and this Lease will never be construed either for or against either party.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
36. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[Signatures on next page]
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City of Bellflower
Agreement File No. 982
Millennial Threadz LLC
IN WITNESS WHEREOF the parties hereto have executed this Lease the day and year first hereinabove written.
CITY OF BELLFLOWER MILLENNIAL THREADZ LLC
____________________________ ____________________________ Jeffrey L. Stewart, Noe Preciado City Manager, City of Bellflower Owner, Millennial Threadz LLC
ATTEST:
_____________________________
Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger,
City Attorney
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12-D 12-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/ Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Agreement File No. 39.2 with Southern California Edison Company (SCE), in a form approved by the City Attorney, for the use of SCE right-of-way for park and public recreation purposes as Constitution Park.
DATE: January 23, 2023
EXECUTIVE SUMMARY
The action would authorize the City Manager to execute a license agreement (Agreement File No. 39.2) with SCE for the continued use of SCE right-of-way as Constitution Park for a term of 5 years.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 39.2, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will pay SCE a lump sum amount of $3,030.57. Sufficient funds are available in Account No. 010-43410-3900 (Facility Maintenance-Rent).
BACKGROUND
Since 1968, the City has entered into subsequent 5-year license agreements with SCE for the use of SCE right-of-way at APNs 7162-020-800 and 7162-020-801 as Constitution Park. The attached Agreement File No. 39.2 would allow the City to continue the use of the SCE right of-way as Constitution Park through February 28, 2028.
ATTACHMENT
Agreement File No. 39.2………...…………………………………………………......................2
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SCE Doc. 56069 Att. Contract No. 9.5239
(Formerly Contract No. L4008)
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CITY OF BELLFLOWER
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSOR’S USE OF THE PROPERTY
6. LICENSEE’S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS WASTE
15. SIGNS
16. FENCING AND EXISTING FIXTURES
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAW
26. GOVERNING LAW
27. INDEMNIFICATION
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION
32. LIMITATION OF LIABILITY
33. NON-POSSESSORY INTEREST
34. WAIVER
35. AUTHORITY
36. ELECTRIC AND MAGNETIC FIELDS
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37. INDUCED VOLTAGES
38. NOTICES
39. RECORDING
40. COMPLETE AGREEMENT
41. SIGNATURE AUTHORITY
42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUM(S)
PARK USE
TREES/LANDSCAPING
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LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and , CITY OF BELLFLOWER called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor’s Parcel Numbers 7162-020-800 and 7162-020-801, situated in the City of Bellflower, County of Los Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.
Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:
● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels.
● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License.
● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.
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1. Use: Licensee will use the Property for park and recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of March, 2023 and ending on the last day of February, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of Three Thousand Thirty and 57/100 Dollars ($3,030.57) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.
All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.
Initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.
4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) contain separation of insureds or cross-liability clause, and (iii) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (c) Commercial Automobile Liability insurance with a combined single limit of $2,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Park and recreation -5-
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use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements.
The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.
To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.
Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.
At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.
7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this -6-
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Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.
(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.
Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party’s personal property.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below:
Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee’s expense, any tree and/or other planting.
9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required by Licensor for structures. -7-
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10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.
Licensee will not permit dogs on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.
14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.
Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.
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17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval.
20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.
22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.
23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.
All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.
24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.
25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and -9-
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employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.
26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.
27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.
28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement
29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement.
(e) Any attempt to exclude Licensor from the licensed premises.
(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.
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(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.
30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.
31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.
If Licensee fails or refuses to remove any of Licensee’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.
Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.
Licensee agrees to pay such expenses to Licensor upon demand.
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32. Limitation of Liability:
IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,
WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,
BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF
THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.
FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,
LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.
33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.
34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.
35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.
Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.
36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, -12-
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potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.
37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.
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38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Metro Region
2 Innovation Way
Pomona, CA 91768
To Licensee: City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Business Telephone No. (562) 804-1424 ext. 2233
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.
39. Recording: Licensee will not record this Agreement.
40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties.
41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.
42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
LICENSOR:
SOUTHERN CALIFORNIA EDISON COMPANY
By___________________________________________
FRANK ORTIZ
Real Estate Specialist
Land Management – Metro Region
Vegetation & Land Managment
_____________________
Date
LICENSEE:
CITY OF BELLFLOWER
By___________________________________________
JEFFREY STEWART, City Manager
_____________________
Date
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APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.
Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.
The plan must show the locations of all “Licensor” towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.
SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles
3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials. -16-
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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS / WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipe must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
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c. 100-foot radius around dead-end tower legs, H-Frames and poles
4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor “drip lines” -18-
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3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5. Electrical lines must be installed by a licensed -general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded by a licensed -general contractor
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.
MATERIAL STORAGE
1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor’s prior written approval.
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A D D E N D U M
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor.
B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.
C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements.
D. At Licensee’s expense, Licensee will post signs at all access points to the Property that read: “No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV’s or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead.”
E. At Licensee’s expense, Licensee will post signs at all access points of the Property that read: “No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted.” F. At Licensee’s expense, Licensee will post signs at all access points of the Property that read:
“Dogs are required to be on leash at all times.”
G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor’s facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property.
H. At Licensee’s expense, Licensee will install removable post-type barriers designed to accommodate Licensor’s locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and “all-terrain” vehicles.
I. Trespass discouragers shall be installed on Licensor’s towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor’s direct and indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground.
J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
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SCE Doc. 56069 Att. Contract No. 9.5239
(Formerly Contract No. L4008)
Initial (_______)/(_____/______)
Licensor/Licensee
- 6 -
2014.12.01_V11-GS-JC
A D D E N D U M
TREES/LANDSCAPING
A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever.
B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without any compensation from Licensor.
C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.
D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor’s contractor performing the work, Licensee will be billed by Licensor for the contractor’s expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License.
E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height.
F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee’s expense.
G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor’s land and no cactus or thorny shrubs/plants will be permitted.
H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.
I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor.
J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee.
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1.Grounded gate with SCE key transmitted for access.
2.6’ concrete driveway
3.½ and full head sprinklers.
Grounded metal
fence with
SCE electronic
key transmittal for access 24’ Access Gate24’ Access GateGrounded metal fence with
SCE electronic
key transmittal for access
Bernie Iniguez-Public Works Manager
(562)804-1424, ext 2233
SITE PLAN
Name: City of Bellflower =licensed area Date: 10/17/2022
License: 9.5239
Location: Cedar St and Lakewood Blvd.
Use: Park and Public Recreation
Agent: Frank Ortiz
54’
63’
Lakewood Blvd. - - - - - - - - - - - -- - - - - - - - - - - -←178’→←186’→←516’→←7’→←258’→←258’→ 25’25’25’
25’
3’10’
15’
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12-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 5 to Agreement File No. 311.2 with KJServices Environmental Consulting, LLC, in a form approved by the City Attorney, to extend the term and modify the compensation for the Administration and Coordination of the Used Oil Recycling Program and Beverage Container Recycling Program.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Amendment No. 5 to Agreement File No. 311.2 (Amendment No. 5) with KJServices Environmental Consulting, LLC (KJServices). The purpose of Amendment No. 5 is to modify the compensation for the performance of said services and extend the term of the Agreement.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 5 to Agreement File No. 311.2, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total amount of compensation to be paid to KJServices is $8,200. Sufficient funds have been budgeted in Account Nos. 010-42346-3000, 010-42348-3000, 010-42346-3105, and 010-42348-3105. This Agreement will be fully funded by grants from the California Department of Resources Recycling and Recovery (CalRecycle).
BACKGROUND
CalRecycle provides annual Used Oil Recycling and Beverage Container Recycling grants to local governments for the establishment of used oil and beverage container recycling programs. Each year, the City receives approximately $10,000 through the Used Oil Payment Program for the Used Oil Recycling Program and approximately $20,000 through the City/County Payment Program for the Beverage Container Recycling Program.
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Staff Report – Amendment No. 5 to AFN 311.2
January 23, 2023
BACKGROUND – Continued
On December 11, 2017, the City entered into Agreement File No. 311.2 with KJServices for a 1-year term through December 31, 2018; on February 11, 2019, the City approved Amendment No. 1 to modify the compensation and extend the term for an additional year; on January 13, 2020, the City approved Amendment No. 2 to modify the compensation and extend the term for an additional year; on January 25, 2021, the City approved Amendment No. 3 to modify the compensation and extend the term for an additional year; and on December 13, 2021, the City approved Amendment No. 4 to modify the compensation and extend the term for an additional year.
ANALYSIS
The proposed Amendment No. 5 would modify the Agreement by extending the term for an additional 6-month term and modify the compensation to perform the following Scope of Services:
Used Oil Recycling Program. KJServices will conduct site visits at certified used oil collection centers and conduct one used oil collection and used oil filter exchange event.
Used Beverage Container Recycling Program. KJServices will continue to promote the recycling of used beverage containers at appropriate community events. KJServices staff will distribute educational materials on both the beverage container recycling program and used oil recycling program at the same booth during special events.
ATTACHMENT
Amendment No. 5 to Agreement File No. 311.2 .............................................................. 3
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AMENDMENT NO. 5 TO
AGREEMENT FILE NO. 311.2 BETWEEN
THE CITY OF BELLFLOWER AND
KJSERVICES ENVIRONMENTAL CONSULTING, LLC
FOR ADMINISTRATION AND COORDINATION OF THE USED OIL RECYCLING
PROGRAM AND BEVERAGE CONTAINER RECYCLING PROGRAM
THIS AMENDMENT No. 5 (“Amendment”) is made and entered into this 23rd day of January 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and KJServices Environmental Consulting, LLC, a Caliofrnia limited liability company (“CONSULTANT”).
SECTION 1. Pursuant to Section 1 (Consideration) of Agreement File No. 311.2 (“Agreement”), Section 1(C) is amended to read as follows:
“As additional consideration, CITY agrees to pay consultant a sum not to exceed $8,200 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this agreement, CITY will pay this sum as specified in the attached Exhibit “A,” which is incorporated by refrence.”
SECTION 2. Pursuant to Section 8 (Term) of the Agreement, the term is amended to read as follows:
“The term of this agreement will be from December 11, 2017 to June 30, 2023.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.”
SECTION 3. Exhibit A (Scope of Services) is replaced in its entirety with the attached Exhibit A.
SECTION 4. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission.
Such electronic signature will be treated in all respects as having the same effect as an original signature.
SECTION 5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 311.2 remain the same.
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City of Bellflower
Agreement File No. 311.2 - Amendment No. 5
KJServices Environmental Consulting
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER KJSERVICES ENVIRONMENTAL
CONSULTING, LLC
_________________________________ ____________________________ Jeffrey L. Stewart, City Manager Kevin Sales, Principal
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
Taxpayer ID No. 20-2946603
ATTACHMENT:
Exhibit A – Scope of Services
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CITY OF BELLFLOWER
AGREEMENT FILE NO. 311.2- EXHIBIT A
SCOPE OF SERVICES
USED OIL RECYCLING PROGRAM
TASK #1 –USED OIL COLLECTION CENTERS
KJServices staff will continue to perpetuate the used oil collection center network by completing the following tasks:
• Site Visits: Verify the continuing participation of the existing Bellflower businesses registered as Certified Used Oil Collection Centers (CCCs). This verification will include one (1) yearly on-site visit to each Center to check on their participation and adherence to all the Used Oil program regulations (signs posted, accepting oil from the public, offering the $.40 per gallon rebate, etc).
During these visits staff will also answer any questions the operators have and help them with any program-related problems they may be experiencing. In addition, KJS staff will contact the Centers on a regular basis to gather statistical information about the number of customers bringing in used oil and the total amount of oil collected. CalRecycle allows cities to use grant funds for up to two Certified Center site visits per year. KJServices staff will use the second visit each year to complete the CalRecycle required Site Visit Report for inclusion with the City’s annual report.
• EARTH911: Staff will maintain an accurate listing of the City’s used oil collection centers in the nation-wide Earth911.com environmental database. The Earth911 database will allow Bellflower residents to quickly and easily find their nearest used oil collection center. The Earth911 toll-free phone number, 1-800- CLEANUP, will appear on all program advertising and educational and promotional materials.
• Prospective CCCs: Identify and solicit other appropriate businesses in the City to join the network of Used Oil Collection Centers. KJServices staff will review the location of the existing Used Oil Collection Centers in the City. Based upon their location, KJS will identify under-served areas of the City. KJS staff will then identify auto-related businesses in those areas to contact to participate as a Used Oil Collection Center. The goal will be to locate a Used Oil Collection Center within one half (1/2) mile of each resident in the City of Bellflower.
• Once possible new collection centers are identified, staff will contact the business with a letter explaining the used oil recycling program and its benefits. A follow-up phone call will be made to each business and an on-site visit scheduled to discuss the program with the business owner or manager.
If a business meets the requirements of the program and if the owner expresses a willingness to join the City’s network of collection centers, KJS staff will assist the business in registering with the State to become a Certified Used Oil Collection Center.
COST - $1,000
KJServices Staff -- 10hrs @ $80/hr = $800
CCC Equipment / Support as needed - $200
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TASK #2 –COMMUNITY FILTER EXCHANGE EVENT
KJServices staff will advertise and conduct one (1) Used Oil Collection and Filter Exchange events in order to expand public awareness of the benefits of recycling used oil filters. At these events, Bellflower residents who bring in an old oil filter to recycle will receive a voucher for a free, new filter to exchange in-store that day. Residents are limited to two (2) new filters when they bring in two (2) or more old filters. Filters have a maximum cost of $15 each. Residents who bring in oil or filters to recycle are eligible to receive a free oil change kit. The oil change kit includes a 6-quart oil drain pan, shop towel, funnel, and/or other oil change supplies allowable under the OPP grant.
KJServices staff will coordinate the event with a local Certified Collection Center (CCC), making sure to get corporate and property management approval, along with City approval. KJS staff will arrange for all outreach materials to be approved by CalRecycle before advertising the event.
KJServices will also create a voucher coupon, customized for the event, to use on the day of the event. Staff will set up the event booth with appropriate signage and educational materials to give to all participants. Staff will work with the host business to assure that foot traffic in and out of the store is not hindered.
At the end of the event, KJServices staff will take down the booth, tally the number of visitors and how many filters were brought in for exchange, and make sure the area is devoid of any oil spills or litter. KJServices will provide the City with a report of the event.
KJServices will arrange for newspaper advertisement the week prior to the event via the Retail Me Not mailer sent to every home in Bellflower. All ads will be submitted to the City for approval before going to print. In addition to newspaper advertising, KJS staff will coordinate with the City to place a press release and flyer in the Bellflower E-Citizen newsletter, and the City’s events calendar. KJS staff will print and distribute flyers and filter exchange posters to the CCC, as well as other community hubs. KJS staff will create an online EventBrite page for the filter exchange and use this link when sharing the event on social media (Facebook, Twitter, Instagram), and online community calendars. KJServices will also create a Facebook ad promoting both filter exchange events.
COST - $4,400
KJServices Staff – 15 hrs @ $80/hr = $1,200
Ad and flyer development and editing -- $200
Retail Me Not mailer flyer – $1,700
Facebook advertising - $100
Filter purchase from CCC – $1,200
COST PROPOSAL FOR USED OIL RECYCLING PROGRAM
Task #1 – Used Oil Collection Centers
$1,000
Task #2 – Community Filter Exchange Events & Advertising $4,400
Total Program Expense $5,400
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BEVERAGE CONTAINER RECYCLING PROGRAM
TASK #1 –COMMUNITY EDUCATION AND OUTREACH
KJServices staff will continue to promote the recycling of used beverage containers at appropriate community events. At events that overlap with used oil recycling booths, KJS staff will provide both beverage container recycling program information and used oil recycling materials at the same table.
KJServices staff will provide all event supplies include a City-logo canopy, tables, chairs and program supplies and materials. Staff will setup and take-down the booth and clean up after each event.
Additionally, KJServices will attend the 2023 Recycling Calendar student winner recognition at City Hall.
COST - $2,800
KJServices Staff – 35 hrs @ $80/hr
COST PROPOSAL FOR BEVERAGE CONTAINER RECYCLING PROGRAM
Task #1 – Community Education and Outreach
$2,800
Total Program Expense $2,800
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 23-04 – A Resolution awarding a contract for purchase and installation of catch basin connector pipe screens (City Project No. 22/23-03) pursuant to Government Code § 830.6 and authorizing the City Manager to execute Agreement File No. 983, in a form approved by the City Attorney, with G2 Construction, Inc. without the need for California Public Contract Code bidding as otherwise required by the Bellflower Municipal Code.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to enter into an agreement with G2 Construction, Inc. (G2), for the purchase and installation of catch basin connector pipe screens (catch basin inserts), which are trash and debris capture devices. This procurement will be under a County of Orange Master Agreement with G2 for trash and debris capture devices.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-04; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total compensation to G2 for purchase and installation of 279 catch basin inserts will be an amount not to exceed $462,874. Sufficient funds for this agreement are budgeted in Account Nos. 320-47000-9000 (Structural Improvements) and 320-47010- 9000 (Stormwater Management Project). This agreement will be fully funded by Safe, Clean Water Program (Measure W) funds.
12-H
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Staff Report – Awarding a Contract to G2 Construction, Inc., for Purchase and Installation of Catch Basin Connector Pipe Screens
January 23, 2023
BACKGROUND
On April 7, 2015, the State Water Resources Control Board adopted an amendment to the Water Quality Control Plan for Ocean Waters of California intended to provide statewide consistency in regulating trash to protect aquatic life and public health, provide other beneficial uses, and to reduce environmental issues associated with trash in State waters (known as the “Trash Amendments").
Owners and operators of municipal storm drain systems have 10 years to demonstrate full compliance with the Trash Amendments by installing, operating, and maintaining full capture systems for storm drains that capture runoff from priority land uses in their respective jurisdictions. Priority land uses include high-density residential, industrial, commercial, and public transportation centers. Full capture systems are defined as treatment controls that trap all particles five millimeters or greater in size and allow water to flow at a certain rate. The National Pollutant Discharge Elimination System (NPDES) Permit for municipal storm drain system discharges in Los Angeles County requires compliance with the Trash Amendments. Since the City of Bellflower (City) is a permittee under the NPDES Permit, the City is required to comply with the Trash Amendments. In order to facilitate compliance with the NPDES Permit requirements, the City joined Watershed Management Programs (WMPs) in the Los Cerritos Channel Watershed and the Lower San Gabriel River Watershed. Under the respective WMPs, the City made a commitment to install full capture systems in catch basins within priority land uses in the City.
On September 26, 2016, the City entered into a contract with G2 for the installation of up to 192 full capture catch basin inserts in City-owned catch basins, using a County of Orange Master Agreement (Contract MA-080-15011198). G2 completed the installations on December 13, 2016. In order to comply with the Trash Amendments, the City must now install full capture catch basin inserts in County-owned catch basins in priority land use areas within the City.
DISCUSSION
In January 2020, the County of Orange solicited bids for trash and debris capture devices. The County of Orange received pre-qualified contractors that submitted bid prices for various size catch basin trash and debris capture devices. One of the pre-qualified contractors is G2, which entered into a Master Agreement with the County of Orange for trash and debris capture devices (Contract MA-080-20011478). The Master Agreement includes a clause for cooperative agreements, extending the provisions and pricing to other local government agencies wishing to procure and install trash and debris capture devices.
Since the City was satisfied with G2’s installation of catch basin inserts in City-owned catch basins, Public Works requested a proposal from G2 for the purchase and installation of catch basin inserts in County-owned catch basins utilizing pricing from Contract MA-080-20011478.
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Staff Report – Awarding a Contract to G2 Construction, Inc., for Purchase and Installation of Catch Basin Connector Pipe Screens
January 23, 2023
DISCUSSION – Continued
G2 provided the requested proposal, which Public Works reviewed for conformance with the County of Orange Master Agreement. The proposed scope of work consists of the purchase and installation of 279 full capture catch basins inserts in County-owned catch basins. G2 would provide all of the services and materials necessary for the installation of the catch basin inserts in all locations, including any necessary traffic control and L.A. County Flood Control District permitting costs. Installation is anticipated to be completed within 120 working days after the issuance of a notice to proceed.
Ordinarily, the Public Contracts Code (“PCC”) requires formal bidding for all public works projects. As set forth in the draft resolution, however, it appears that the County of Orange already met the PCC requirements for competitive bidding. Under such circumstances, the City Council may determine that bid solicitation is not required and authorize award of contract to a particular contractor.
Public Works staff recommends that the City Council authorize the City Manager to execute the proposed agreement with G2, utilizing pricing from the County of Orange Master Agreement.
ENVIRONMENTAL REVIEW
The proposed agreement with G2 consists of the purchase and installation of catch basin inserts, which involves negligible or no expansion of an existing use. Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the installation of catch basin inserts in County-owned catch basins is categorically exempt from CEQA based upon a Class 1 exemption.
ATTACHMENTS
Resolution No. 23-04....................................................................................................... 4 Agreement File No. 983 (Public Works Contract for City Project No. 22/23-03) .............. 7 -3-
CITY OF BELLFLOWER
RESOLUTION NO. 23-04
A RESOLUTION AWARDING A CONTRACT FOR
PURCHASE AND INSTALLATION OF CATCH BASIN
CONNECTOR PIPE SCREENS (CITY PROJECT
NO. 22/23-03) PURSUANT TO GOVERNMENT CODE §
830.6 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENT FILE NO. 983, IN A FORM
APPROVED BY THE CITY ATTORNEY, WITH G2
CONSTRUCTION, INC. WITHOUT THE NEED FOR
CALIFORNIA PUBLIC CONTRACT CODE BIDDING AS
OTHERWISE REQUIRED BY THE BELLFLOWER
MUNICIPAL CODE
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. On December 22, 2022, the City received a proposal from G2 Construction, Inc. (the “Company”) for the full capture catch basin insert project (the “Project”);
B. Ordinarily, the City would need to comply with the competitive bidding requirements set forth in the California Public Contract Code for this type of project;
C. The purpose of such bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption, to prevent waste of public funds, and to obtain the best economic result for the public;
D. The facts and circumstances of this Project, however, demonstrate that the Public Contract Code bidding requirements would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons:
1. The County of Orange conducted a competitive bidding process and awarded a contract to the Company. It is improbable that any other contractor can provide these services for a lesser amount.
2. The County of Orange contract with the Company (Contract No.
MA-080-20011478) includes a clause for cooperative agreements, extending the provisions and pricing to other local government agencies.
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City of Bellflower
Resolution No. 23-04
E. In waiving the competitive bid requirements otherwise required by the Bellflower Municipal Code and Public Contract Code, the City Council takes note of the analysis and decisions set forth in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
F. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project; and
G. Company’s proposal is based on providing prevailing wages to its employees in performing this work.
SECTION 2. Authorizations.
A. The Director of Public Works, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the work approved by this Resolution; and
B. The City Manager is authorized to execute Agreement File No. 983 with Company for construction of the Project in a form approved by the City Attorney.
SECTION 3. Design Immunity.
A. The design and plans for the Project are determined to be consistent with the City’s standards and are approved.
B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City’s General Plan.
D. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.
SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
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City of Bellflower
Resolution No. 23-04
SECTION 5. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 6. To the extent that any other resolution pertaining to the award of contract for purchase and installation of catch basin connector pipe screens is incorporated into this Resolution, it is superseded in its entirety.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 9. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 23RD DAY OF JANUARY 2023.
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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C-1
AGREEMENT FILE NO. 983
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF BELLFLOWER AND
G2 CONSTRUCTION, INC.
This CONTRACT is entered into this 23rd day of January, 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“the City”) and G2 Construction, Inc., a California corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents.
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Proposal; County of Orange, OC Public Works Contract MA-080-20011478; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed four hundred sixty-two thousand eight hundred seventy-four dollars ($462,874) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within ten (120) working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. -7-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-2
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
-8-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-3
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Len Gorecki, Director of Public Works John R. Alvarado, President 16600 Civic Center Drive 1352 E. Bochard Ave.
Bellflower, CA 90706 Santa Ana, CA 92705
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
-9-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-4
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
[SIGNATURES ON NEXT PAGE]
-10-
City of Bellflower
Agreement File No. 983; City Project No. 22/23-03
C-5
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER G2 CONSTRUCTION, INC.
____________________________ ____________________________ Jeffrey L. Stewart, John R. Alvarado,
City Manager President
ATTEST:
_____________________________ Taxpayer ID No. 01-0862732 Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger,
City Attorney
ATTACHMENTS:
Exhibit “A” – Scope of Work
Exhibit “B” – Proposal
-11-
Faithful Performance Bond
Agreement File No. 983; City Project No. 22/23-03
FPB-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
(“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, the Contract Documents, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in the Contract Documents, a copy of which is on file with CITY’s Public Works Department (“Public Project”).
Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s work on the Public Project will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).
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Faithful Performance Bond
Agreement File No. 983; City Project No. 22/23-03
FPB-2
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. -13-
Labor and Materials Bond
Agreement File No. 983; City Project No. 22/23-03
L&MB-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
, as principal (“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will demolish the improvements identified in the Contract Documents, and the public works contract executed for such Specifications, copies of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”).
-14-
Labor and Materials Bond
Agreement File No. 983; City Project No. 22/23-03
L&MB-2
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public.
-15-
Worker’s Compensation
Agreement File No. 983; City Project No. 22/23-03
WC-1
WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY LABOR CODE § 1861)
I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
Contractor
By
Title
-16-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-1
DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)
I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:
1. The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).
2. The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).
3. The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested.
Attach addition sheets, if needed):
Vehicle Vehicle ID No.
Vehicle
Liability Insurance Policy No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance Carrier
(issuing Policy covering vehicle)
-17-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-2
4. The following is the address of any real property that will be used to house workers in connection with the performance of the W ork that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________.
5. The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):
Total Number of Workers Total Amount of Wages Dates for Payment of Wages
6. Check only one of the following boxes, as applicable:
The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or
The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.
7. The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):
List of Independent Contractors Current, Local, State and Federal Contractor License Identification Number
-18-
Declaration of Sufficiency of Funds
Agreement File No. 983; City Project No. 22/23-03
DSF-3
8. Check only one of the following boxes, as applicable:
The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.
I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.
_____________________________________
_____________________________________
Print Name
-19-
Guaranty
Agreement File No. 983; City Project No. 22/23-03
G-1
CITY OF BELLFLOWER
PURCHASE AND INSTALLATION OF CATCH BASIN CONNECTOR PIPE SCREENS
GUARANTY
In accordance with the terms of the contract for Purchase and Installation of Catch Basin Connector Pipe Screens in the City of Bellflower (the “Contract”) approved January 23, 2023 between the City of Bellflower (the “Agency”) and the undersigned (the “Contractor”), under which the Contractor shall complete work as described in the Contract Documents (as defined in the Contract), the following guarantee of said work is hereby made.
If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.
Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.
Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period.
_____________________________ ________________________________ Date (Print Name of Contractor, Company or Corporation)
________________________________
Signature
-20-
CITY OF BELLFLOWER
AGREEMENT FILE NO. 983 - EXHIBIT A
SCOPE OF WORK
The following Scope of Work is for the purchase and installation of catch basin connector pipe screens.
Contractor agrees to and will furnish all necessary labor, tools, materials, appliances, and equipment needed for and to do all work for the completion of the purchase and installation of catch basin connector pipe screens in accordance with the terms and conditions set forth in Orange County Agreement MA-080-20011478 (hereinafter referred to as "County Agreement"), attached as Exhibit “A1,” and incorporated by reference. The terms of the County Agreement, together with all exhibits, attachments, and amendments thereto, are incorporated by reference herein, excepting only any paragraph, section, or provision that is in conflict with any provision of this Agreement, or where the subject matter in any paragraph, section, or provision is also addressed in this Agreement, whereupon the terms of this Agreement will govern. Reference to the County Agreement, to the "County," or "County of Orange," or the "Board," or "Board of Supervisors," mean and refer, respectively, to the City and City's City Council, to the extent the context permits or requires.
The locations and prices per installation of each catch basin connector pipe screen for the City of Bellflower will be as set forth in Contractor’s proposal, attached hereto as Exhibit “B,” and incorporated by reference. City agrees to pay Contractor monthly, in accordance with the unit prices contained in Exhibit “B” based upon actual services completed. This amount may not exceed $462,874 for the total term of the Agreement.
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12-I
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the January 12, 2023, Adjourned Regular City Council Meeting.
DATE: January 23, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the January 12, 2023, Adjourned Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the January 12, 2023, Adjourned Regular Meeting… ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
ADJOURNED REGULAR MEETING OF THE
BELLFLOWER CITY COUNCIL
THURSDAY, JANUARY 12, 2023
BELLFLOWER CITY HALL - COUNCIL CHAMBERS
4:00 P.M. CLOSED SESSION / 4:30 P.M. OPEN SESSION
PUBLIC PARTICIPATION
The City Council Chambers was open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it was recommended, but not required, to wear a face covering when inside Bellflower City Hall.
4:00 P.M. – CLOSED SESSION
1 Call to Order
None
2 Roll Call
None
3 Recess to Closed Session
None
4 Reconvene for Open Session
None
4:30 P.M. – OPEN SESSION
5 Call to Order
Mayor Santa Ines called the Adjourned Regular Meeting to order at 4:30 p.m.
2 Bellflower City Council Minutes Item No. 6 January 12, 2023 Page 2 of 6
6 Roll Call
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Mayor Pro Tem Raymond Y. Hamada
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Tim Campen, Assistant City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Elizabeth C. Oba, Director of Planning and Building Services Jennifer Poole-Eidd, Management Assistant
7 Invocation
Mayor Sonny R. Santa Ines offered the Invocation.
8 Pledge of Allegiance
Len Gorecki, Assistant City Manager/Director of Public Works, led the assembly in the Pledge of Allegiance.
9 City Council Announcements
None
10 Public Comments
James Cody Birkey, Resident, 9636 Maple Street, 1) expressed concern over an uptick in criminal activity in the area of Ardmore Avenue and Flower Street, which seemed to be centered around the convenience store on Flower Street; and 2) stated that he did not feel there was a particular issue with the convenience store, but requested that the City Council use his comments as an opportunity for public safety improvement in the area.
3 Bellflower City Council Minutes Item No. 11-A
January 12, 2023 Page 3 of 6
11 Public Hearings
A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-02 – A Resolution denying Artesia Enterprises, LLC’s appeal of the Planning Commission’s denial of a Notice of Nonconformity Abatement appeal for automobile sales and automobile repair center on property located at 9103-9115 Artesia Boulevard.
CEQA: The proposed actions are exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; “CEQA Guidelines”) pursuant to CEQA Guidelines §§ 15061(b)(3), 15321(a), and 15378(b)(4-5) because they: do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment, and it can be seen with certainty that there is no possibility that such action may have a significant effect on the environment; involve an enforcement action of a specific use on the Property; and do not constitute a “project” requiring environmental review.
For the record, supplemental material was provided to the City Council and made available to the public prior to the start of the meeting.
City Manager Stewart introduced the item.
Director of Planning & Building Services Oba and Assistant City Attorney Campen 1) provided a PowerPoint presentation of the Staff Report; and 2) along with City Manager Stewart and City Attorney Berger, responded to Council Members’ questions.
For the record, City Attorney Berger stated that Assistant City Attorney Campen was serving in the role of advocate and he was serving as general counsel for this matter, noting that they had not compared notes and this was the first time he was seeing the presentation on the issue as well.
Following discussion, it was moved by Council Member Dunton, seconded by Council Member Koops, and carried without objection, to open the public hearing.
City Clerk Ochiqui administered the oath to the following individual wishing to present public testimony regarding this matter. For the record, the following speaker responded to the oath in the affirmative and spoke in favor of granting the appeal.
• Eitan Sharaf, Appellant, Owner of Artesia Enterprises, LLC
For the record, Douglas Macleith, Appellant’s Legal Counsel, did not take the oath and stated for the record that he was present to advocate for the Appellant only and not to testify.
4 Bellflower City Council Minutes Item No. 11-A
January 12, 2023 Page 4 of 6
11 Public Hearings – Continued
A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-02 – Continued
At the request of Mayor Santa Ines, Assistant City Attorney Campen responded to comments provided by Appellant Sharaf and Mr. Macleith by 1) confirming that the current requirement for any business operating within the City could be found in the Bellflower Municipal Code Section 5.16.020 which states that all businesses operating within the City must have a City License, failure to obtain one is a violation of the Bellflower Municipal Code, and is by definition not operating lawfully; and 2) a business must also (if required by the State) have State Licensing in order to operate lawfully.
At the request of Council Member Dunton, Assistant City Attorney Campen confirmed that Artesia Enterprise, LLC holds a business license, but that it does not list either auto repair or auto sales.
For the record, City Attorney Berger stated that comments made regarding a recycling center and trucking yard at that location are outside of the scope of the current appeal hearing and not relevant to the matter before the City Council.
At the request of Mayor Santa Ines, Director Oba clarified that the potential impact to the property would be that one continuous use automotive shop may still continue to operate on the site as an allowable use, as long as they do not become vacant, discontinued or cease operation for a period of 180 days. Mayor Santa Ines further clarified that the automotive shop may continue to operate on the site so long as anything to the contrary didn’t surface in the City’s search for information relative to the matter.
For the record, following comments made by Mr. Macleith, City Attorney Berger pointed out that Mr. Macleith was now testifying and suggested that the City Council receive additional testimony from the person that is under oath or conclude the public hearing.
There being no one else in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Mayor Pro Tem Hamada, and carried without objection, to close the public hearing.
At the request of Mayor Santa Ines, City Attorney Berger confirmed that Resolution No. 23-02 was thorough, reflected the evidence presented to the Planning Commission and to the City Council at the present hearing, and contained the legal citations necessary to move forward.
It was moved by Mayor Pro Tem Hamada, seconded by Mayor Santa Ines, and unanimously carried by the following roll call vote, to adopt Resolution No. 23-02 denying the appeal:
AYES: Council Members - Sanchez, Hamada, Dunton, Koops, and Mayor Santa Ines
5 Bellflower City Council Minutes Item No. 12
January 12, 2023 Page 5 of 6
12 Ordinances and Resolutions for Consideration
None
13 Consideration Items
None
14 Consent Calendar
It was moved by Council Member Koops, seconded by Mayor Pro Tem Hamada, and unanimously carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Sanchez, Hamada, Dunton, Koops, and Mayor Santa Ines
A Consideration and possible action to receive and file City Council Warrant Register No. 23-071, dated January 12, 2023.
Action: Received and filed Warrant Register No. 23-071.
B Consideration and possible action to receive and file Treasurer’s Report for the Month of November 2022.
Action: Received and filed the Treasurer’s Report.
C Consideration and possible action to approve the Minutes of the November 28, 2022, Regular Meeting of the City Council.
Action: Approved the November 28, 2022, Regular Meeting Minutes.
D Consideration and possible action to approve the Minutes of the December 12, 2022, Regular Meeting of the City Council.
Action: Approved the December 12, 2022, Regular Meeting Minutes.
E Consideration and possible action to approve the Minutes of the December 15, 2022, Adjourned Regular Meeting of the City Council.
Action: Approved the December 15, 2022, Adjourned Regular Meeting Minutes.
F Consideration and possible action to approve the Minutes of the December 15, 2022, Special Meeting of the City Council.
Action: Approved the December 15, 2022, Special Meeting Minutes.
G Consideration and possible action to adopt Resolution No. 23-01 – A Resolution adopting the Investment Policy.
Action: Adopted Resolution No. 23-01.
6 Bellflower City Council Minutes Item No. 14
January 12, 2023 Page 6 of 6
14 Consent Calendar – Continued
H Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 386.6, in a form approved by the City Attorney, with Duane Morita Planning & Environmental (“DMPE”), to extend the term for three years and provide compensation for general and on-call planning and environmental consulting services.
Action: Authorized the City Manager to execute Amendment No. 1 to Agreement File No. 386.6, in a form approved by the City Attorney.
I Consideration and possible action to ratify the 2023 Mayor’s Appointments to the various City-associated organizations.
Action: Ratified Mayor Santa Ines’ 2023 appointments to the various City-associated organizations.
15 Council Reports
Council Member Sanchez, Mayor Pro Tem Hamada, Council Member Koops, and Mayor Santa Ines made various comments and reports.
For the record, Mayor Santa Ines announced that he recently attended the Sacramento Legislative Tour with Council Member Sanchez, Mayor Pro Tem Hamada, City Manager Stewart, and Assistant to the City Manager Sais and that a full report would be made at the next Council Meeting.
16 Adjournment
Without objection, Mayor Santa Ines adjourned at 5:55 p.m. to the next Regular Meeting of the Bellflower City Council at 5:00 p.m. on Monday, January 23, 2023, in the Green Room for the Outgoing Mayor’s Ceremony.
Sonny R. Santa Ines, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: January 23, 2023
7
12-J
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Addendum No. 2 to Transfer Agreement No. 2020RPLSGR02 (Agreement File No. 887), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean W ater Program – Regional Program Funds.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Addendum No. 2 to the fund transfer agreement (Agreement File No. 887) with the Los Angeles County Flood Control District (the District) for the Safe, Clean Water Program (SCWP) Regional Program funds. The City of Bellflower applied for SCWP Regional Program funds and was approved for five years of operations, maintenance, and monitoring of the Caruthers Park Stormwater and Urban Runoff Capture Project (the “Project”). Addendum No. 2 provides funds for year three.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Addendum No. 2 to Agreement File No. 887, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There will be no impact to the City’s General Fund. The City will receive $177,000 in SCWP Regional Program funds for FY 2022/2023 for the operations, maintenance, and monitoring of the Project.
DISCUSSION
On November 6, 2018, Measure W was successfully passed by Los Angeles County voters, which created the SCWP. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.
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Staff Report – Addendum No. 2 to Agreement File No. 887 January 23, 2023
DISCUSSION – Continued
The City of Bellflower is in the Lower San Gabriel River Watershed Area (LSGRWA) under the SCWP. The LSGRWA is estimated to receive up to $16.7 million annually to fund regional projects and programs. Regional Program funds for the LSGRWA are programmed by the LSGRWA Steering Committee comprised of local stakeholders from agencies, municipalities, and community members from within the LSGRWA. The Steering Committee meets regularly to develop funding plans and recommendations to provide water quality, water supply, and community enhancement benefits to the region.
The City applied for SCWP Regional Program funds for the operations, maintenance, and monitoring of the Project and was approved for five years of regional funding.
On January 11, 2021, the City approved Agreement File No. 887 between the City and the District, which allows for the transfer of Regional Program funds to the City. The FY 2020/2021 allocation was received after execution of Agreement File No. 887 and the four subsequent fiscal year allocations will be received after execution of Addendums to Agreement File No. 887. The City is anticipating the following allocations:
FY 2020/2021: $147,000 (received)
FY 2021/2022: $177,000 (received)
FY 2022/2023: $177,000
FY 2023/2024: $177,000
FY 2024/2025: $177,000
Following receipt of the signed Addendum No. 2 by the District, the District will disburse the FY 2022/2023 allocation to the City within 45 days.
ATTACHMENT
Addendum No. 2 to Agreement File No. 887 ........................................................................ 3
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
ADDENDUM NO. 2 TO
TRANSFER AGREEMENT NO. 2020RPLSGR02 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF BELLFLOWER
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. 2 to Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as “Addendum No. 2”, is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Bellflower for Caruthers Park, hereinafter referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on April 6, 2021;
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 2022-23 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Sto rmwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 2022-23;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 2.
2. The District shall disburse the SCW Program Contribution for the 2022-23 Fiscal Year as described in the Budget Plan within forty-five (45) days of the execution of this Addendum by the last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA):
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronica lly, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknow ledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. -4-
Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
IN WITNESS WHEREOF, this Addendum No. 2 has been executed by the parties hereto.
Lower San Gabriel River:
City of Bellflower
Caruthers Park
By: ____________________________________
Name:
Title:
Date: __________________________________
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
IN WITNESS WHEREOF, this Addendum No. 2 has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
For: Mark Pestrella
Date: __________________________________
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12-K
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the Mayor to execute Transfer Agreement No. 2022RPLSGR01 (Agreement File No. 916.1), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Regional Program Funds for the construction of the Simms Park Stormwater Capture Project.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the Mayor to execute a fund transfer agreement (Agreement File No. 916.1) with the Los Angeles County Flood Control District (the District) for the Safe, Clean Water Program (SCWP) Regional Program funds. The SCWP provides regional funding for projects and programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District. The City of Bellflower (Bellflower) applied for SCWP Regional Program funds and was approved for the construction of the Simms Park Stormwater Capture Project (the “Project”).
RECOMMENDATION TO CITY COUNCIL
1) Authorize the Mayor to execute Agreement File No. 916.1, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will receive SCWP Regional Program (Measure W) funds for the construction of the Project in the following installments: $2,635,561 in FY 22/23; $5,515,570 in FY 23/24; and $5,515,570 in FY 24/25. For FY 22/23, the City will provide $2,900,000 in previously budgeted matching funds consisting of $2,000,000 from Account No. 012-47242-9000 (Public Project Fund); $500,000 from Account No. 070-47242-9000 (Measure A); and $400,000 from Account No. 320-47010-9000 (Municipal Program Measure W).
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Staff Report – Transfer Agreement for Simms Park Stormwater Capture Project January 23, 2023
BACKGROUND
On November 6, 2018, Measure W was successfully passed by Los Angeles County voters, which created the SCWP. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.
SCWP revenues are allocated as follows:
• 10 percent to the District;
• 40 percent to the municipalities within the District; and • 50 percent to 9 Watershed Areas to fund regional watershed-based multi-benefit projects, provide technical resources, and conduct scientific studies.
Bellflower is in the Lower San Gabriel River Watershed Area (LSGRWA) under the SCWP.
The LSGRWA receives up to $16.7 million annually to fund regional projects and programs. Regional Program funds for the LSGRWA are programmed by the LSGRWA Steering Committee comprised of local stakeholders from agencies, municipalities, and community members from within the LSGRWA. The Steering Committee meets regularly to develop funding plans and recommendations to provide water quality, water supply, and community enhancement benefits to the region.
The City applied for SCWP Regional Program funds for the design and construction of the Project in December 2019, but was unsuccessful. The City reapplied in December 2020 and was awarded funding for design of the Project by the Steering Committee in May 2021. On November 22, 2021, the City entered into Agreement File No. 916 with the District which transferred $2,141,987 in Regional Program Measure W funds to the City for the design of the Project. On February 14, 2022, the City entered into Agreement File No. 923 with Craftwater Engineering, Inc. for the design of the Project.
DISCUSSION
The City applied for SCWP Regional Program funds for the construction of the Project in December 2021 and was awarded the requested construction funds by the Steering Committee in May 2022. The cost for construction is estimated at approximately $16.6 million, with the SCWP Regional Program providing approximately $13.7 million of the construction funds. Annual operations and maintenance costs are estimated at $140,000. Craftwater is currently at a 60% level of design for the Project. The design is estimated to be completed by May 2023 and construction is estimated to be completed by February 2025.
The Project will include the following components: a diversion system; a filtration facility; an underground concrete storage facility of at least 8.9 acre-feet; treatment and release of the captured water; replacement of the existing ballfield turf, impacted trees, and landscaping with a new artificial turf ballfield, new trees and landscaping; and replacement of the existing parking lot with a new permeable pavement parking lot.
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Staff Report – Transfer Agreement for Simms Park Stormwater Capture Project January 23, 2023
DISCUSSION – Continued
On October 4, 2022, the Los Angeles County Board of Supervisors approved the SCWP transfer agreement for the Regional Program, which will need to be executed by the City and the District. The District will disburse the first funding allocation of $2,635,561 to the City within 45 days.
ATTACHMENT
Agreement File No. 916.1 ..................................................................................................... 4
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Regional Program
Agreement No. 2022RPLSGR01
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of Bellflower, Public Works Department
AGREEMENT NO. 2022RPLSGR01
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of December 15, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Bellflower, Public Works Department for Bellflower Simms Park Stormwater Capture Project (Construction), hereinafter referred to as "Recipient."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. -4-
Regional Program
Agreement No. 2022RPLSGR01
“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.
“Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Recipient:
Name:
Melanie Morita Name: Bernardo Iniguez
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address: 16600 Civic Center Drive,
Bellflower, CA 90706
Phone: (626) 300-2380 Phone: 562.804.1424
Email: [email protected] Email: [email protected]
Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) -5-
Regional Program
Agreement No. 2022RPLSGR01
EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.
C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.
V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 2022-2023 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.
B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2022 -23 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be ma de in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
E. The Recipient shall submit the scope of work described in Exhibit A 45 -days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement. -6-
Regional Program
Agreement No. 2022RPLSGR01
VI. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. -7-
Regional Program
Agreement No. 2022RPLSGR01
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Lower San Gabriel River
City of Bellflower, Public Works Department
Bellflower Simms Park Stormwater Capture Project
(Construction)
By: ____________________________________
Name:
Title:
Date: __________________________________
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Regional Program
Agreement No. 2022RPLSGR01
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
Date: __________________________________
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Safe, Clean Water Program | Regional Program
Agreement No. 2022RPLSGR01
1 EXHIBIT A SCOPE OF WORK
LOS CERRITOS CHANNEL WATERSHED MANAGEMENT PROGRAM
BELLFLOWER SIMMS PARK STORMWATER CAPTURE PROJECT (CONSTRUCTION)
Project Description
Simms Park was identified as a priority regional project for the Los Cerritos Channel Watershed Management area.
The Simms Park site is owned and operated by the City of Bellflower. The site has the potential to provide significant water quality benefits for multiple jurisdictions due to its location in the upper portion in the watershed, location of the adjacent storm drains, and available development space. The drainage area for the project (758 acres) is entirely within the City of Bellflower. This project is a regional stormwater capture facility and has the potential to offer runoff storage and water quality benefits for the City that can address the additional needs for stormwater management identified to achieve compliance in the WMP.
The Design Phase of the proposed project was funded separately under Agreement No. 2021RPLSGR01. The Design Phase consisted of the development of final design documents (plans, specifications, and engineer’s estimate) as well as the preparation and processing of the Environmental Documentation and permits.
The Scope of Work for this agreement is for the Construction Phase and will consist of the implementation of the following major components at Simms Park.
1. Diversion Structure. A new diversion manhole is proposed to divert stormwater during low-flow and storm events to the pretreatment device and eventually the subsurface storage.
2. Pre-Treatment, Treatment and Discharge. The system will include a pretreatment unit to treat the dry- weather and stormwater flows conveyed from the storm drain. The system will also employ a filtration unit to provide additional water quality benefit. Infiltration from the storage reservoir will provide some passive treatment while a pump and filter system will provide final pollutant removal prior to discharge back into the storm drain channel.
3. Subsurface Storage Structure. The proposed subsurface storage structure is proposed to be constructed of a precast concrete storage system made from durable, reinforced high-strength concrete.
4. Surface Improvements. The surface enhancements will consist of parking lot LID features, native landscaping, bioswales, and permeable pavement parking stalls.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
2 November 30, 2022
A-1. Budget Plan
The following is the detailed Budget Plan for all eligible expenditures for all phases and tasks in the work schedule for the Funded Activity. The Budget Plan provided in Table A-1 below is consistent with the approved Stormwater Investment Plan allocations for this project.
Table A-1. Budget Plan by Fiscal Year
Fiscal
Year
Phase Description SCW
Funding
City of
Bellflower
Local Match
Total
2022-23 Construction Advertise, Bid & Award
Construction Contract,
Mobilization &
Construction Year 1
$2,635,561 $2,900,000 $ 5,535,561
2023-24 Construction Construction Year 2 $5,515,570 $ 5,515,570 2024-25 Construction Construction Year 3,
including final field
approval
$5,515,570 $ 5,515,570
Total $13,666,700 $2,900,000 $16,566,701
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
3 November 30, 2022
A-2. Consistent with SCW Program Goals
The City acknowledges that the Budget Plan is consistent with the Safe, Clean Water Program Goals as described in Chapter 18.04 of the Code. The following is a summary of the goals, projected targets, and metrics for reporting performance.
Table A-2. Program Goals and Anticipated Performance Metrics No. Goal Summary Target
(See Note below)
Unit
1 Improve water quality and
attainment of water-quality
requirements
The stormwater capture and
treatment facility will provide water
quality improvements to address
water quality requirements described
in the Los Cerritos Watershed
Management Program
Runoff Treated
(average
annual)
Approx.
192
Acre-
Feet
Zinc Reduction
(%)
80%+ Lbs.
2 Increase drought
preparedness by capturing
more stormwater and/or
urban runoff to store, clean,
reuse, and/or recharge
groundwater basins
The facility will provide annual water
supply benefits from the use of dry-
weather flow for irrigation and
reduction in irrigation use with an
artificial turf field.
Average annual
water supply
benefit (average
annual)
Approx.
45 Acre-
Feet
5 Invest in infrastructure that
provides multiple benefits
This project is a multi-benefit project
that improves water quality and
integrates native habitat
LID Parking Lot 1.0 Each
6 Prioritize Nature-Based
Solutions
Landscape plans to include
additional native trees, shrubs, and
grasses to be installed at select spots
impacted by the construction
throughout the project area. The
swales will be sized to convey all
flows from the surface drainage.
LID Parking Lot
with native
landscaping
1.0 Each
• Note: The target quantities above are preliminary based on the preliminary design study and may be subject to change based on the actual runoff/rainfall and performance of the facility.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
4 November 30, 2022
A-3. Estimated Reasonable Total Activity Cost
The following table provides a detailed estimate of total Activity Cost for all phases and tasks included in the work schedule.
Table A-3. Activity Cost
Phase Activity Cost
Construction Construction Administration and Design Support $ 1,485,153 Construction Construction Cost $ 14,851,547
Construction Agency Project Management $ 210,000
Construction Construction Survey $ 20,000
TOTAL ACTIVITY COSTS $ 16,566,682
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
5 November 30, 2022
A-4. Funded Activity Description and Scope of Work
The City will implement the following activities and provide the detailed scope of work below.
Task 1. Construction Administration and Design Support
The City will provide technical services (construction management and inspection services) to administer the construction of the facility in accordance with the design documents.
Task 2. Agency Project Management
The City will provide project coordination, oversight, and administrative services as needed for project completion; monitor, report, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations.
Task 3. Construction and Implementation
The City will advertise the project for construction bids, award the construction contract, and manage the construction of the proposed project.
1. Advertise, Bid, and Award the construction contract for the Project.
2. Construct the Project in accordance with the City-approved design plans and specifications.
3. Prepare as-built drawings
4. Prepare an Operations and Maintenance Plan that addresses operation and maintenance of the Project for its useful life.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
6 November 30, 2022
A-5. Operations and Maintenance (O&M) Plan
The City will update the draft Operation and Maintenance (O&M) Plan that was developed as a part of the 100% final design. The maintenance plan will include details on equipment needed and standard practices and procedures. The final O&M Plan will be updated at the end of construction when actual manufacturer brands and part information is delivered and installed.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
7 November 30, 2022
A-6. Post-Construction Monitoring
The Post-Construction Monitoring Plan that was developed by the City as a part of the 100% final design documentation will be finalized based on As-Built documentation. The preliminary identified constituents of concern are metals (copper, lead, and zinc), bacteria, nutrients, and trash. Flow, pH, and temperature should also be monitored.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
8 November 30, 2022
A-7. Sustainability Rating
The project is an Infrastructure Program Project; however, the City will not apply for Institute for Sustainable Infrastructure (ISI) verification.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
9 November 30, 2022
A-8. Stakeholder and Community Outreach/Engagement Plan The City conducted a Stakeholder and Community Outreach/Engagement Plan for this project and included a discussion of how local NGOs or CBOs could be involved. The City will conduct pre-construction outreach prior to construction, provide project updates via the City’s web page, as well as provide construction signage for the local community.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
10 November 30, 2022
A-9. Tracking Infrastructure Program Project Benefits
The City will provide an overview of the anticipated benefits achieved upon completion of the project design report.
The Operation and Maintenance Plan will identify the quantitative targets and corresponding metrics for subsequent reporting.
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Safe, Clean Water Program | Regional Program
Bellflower Simms Park Stormwater Capture Project (Construction) Agreement No. 2022RPLSGR01
11 November 30, 2022
A-10. Work Schedule and Completion Date
The City will submit a detailed project schedule within 60 days of execution of this agreement. The following is the Milestone Schedule for this project.
Table A-4. Milestone Activity Schedule
Fiscal Year Phase Activity Start Date Finish Date
FY 2022-23
through
FY 2025-26
Construction Agency Project Management June 2023 December 2025 FY 2022-23
through
FY 2025-26
Construction Construction Administration August 2023 December 2025 FY 2023-24
through
FY 2025-26
Construction Construction Contract August 2023 June 2026
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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds.
Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.
3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.
B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreeme nt a provision that incorporates the requirements stated within this paragraph.
When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph .
B-3. Acquisition of Real Property – Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar -Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property w ithout the -21-
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prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Recipient will not assign this Agreement without the prior consent of the District.
B-6. Audit and Recordkeeping
1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include 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 to substantiate charges related to SCW Program Contributions and expenditures.
2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.
3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.
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End-of-Activity Every Third Fiscal Year
Projected
End Date
Audit Report
Due to District
SIP
Fiscal
Year
Audit Period Audit Report
Due to District
1/15/2024 No later than
10/31/2024
2022-24 7/1/2022 to
6/30/2025
No later than
3/31/2026
4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity.
The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided fo r herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement.
This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.
1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.
2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
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B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Recipient is limited to the rights, rem edies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Completion of Funded Activity by the Recipient
The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.
B-11. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.
B-12. Competitive Bidding and Procurements
The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting#@ViewBag.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on -24-
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said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.
B-14. Default Provisions
The Recipient will be in default under this Agreement under any of the following circumstances:
1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;
2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure.
e. The Recipient fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g. Inappropriate use of SCW Program Contributions, as deemed by the District Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:
1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.
2. Terminate any obligation to make future payments to the Recipient.
3. Terminate the Agreement.
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The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.
B-15. Disputes
Should a dispute arise between the parties, the party asser ting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process se t forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certificatio n by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-17. Force Majeure.
In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be excused for the period of the delay, and the period for the performance of a ny such act shall be extended for a period equivalent to the period of such delay. -26-
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B-18. Funded Activity Access
When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.
B-19. Funding Considerations and Exclusions
1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
Recipient certifies that: (a) the Funded Activity is not b eing implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-20. Indemnification
The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.
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B-21. Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-23. Lapsed Funds
1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.
2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply.
Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.
7. Example:
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Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2022–23 6/30/2028 No later than
3/31/2028
No later than
6/30/2029
B-24. Modification
This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.
B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity.
B-26. No Obligation of the District
The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to tra nsfer the funds, with respect to the Funded Activity itself.
B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or und ertaking established herein
B-28. Notice
1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Recipient shall notify the District promptly of the following:
a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under -29-
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no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval.
b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;
d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District;
e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District;
f. Activity completion.
B-29. Public Records
The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.
B-30. Recipient’s Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts f or work on the Project.
The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.
B-31. Related Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of -30-
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whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.
B-32. Remaining Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District.
B-33. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.
1. Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty-five (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
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j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient’s insurance; and
n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.
2. Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:
Quarter End of Quarter Report Due
First Quarter September 15 November
Second Quarter December 15 February
Third Quarter March 15 May
Fourth Quarter June 15 August
3. Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter.
The summary report shall include:
a. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
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b. When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.
c. Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up -to-date information on the actual and budgeted use of the SCW Program Contribution.
4. As Needed Information or Reports. The Recipient agrees to pr omptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-34. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its te rms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first pa ge hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due.
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5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.
6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanagement.lacounty.gov/wp- content/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-36. Requirements Related to Recipient's Contractors
1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.
2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.
3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, -34-
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entitlement, or permit shall constitute a breach of a material provision of this Agreement.
4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty - five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Pro ject be bound by the provisions of: (1) a County-wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.
5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.
6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.
7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recip ient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)
8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is 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, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this -35-
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Agreement and will make it contractors and subcontractors aware of this provision .
9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.
B-37. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx . Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Cont rol District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
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EXHIBIT C – SPECIAL CONDITIONS
[If the Recipient is a public agency]
C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation ne cessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.
C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.
C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.
C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District.
With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.
C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Progra m Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the -37-
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terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.
C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.
C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).
C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated.
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EXHIBIT D – ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. ___ TO
TRANSFER AGREEMENT NO. _______________ BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND (INSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________;
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the ________ Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.
2. Exhibit A to the Agreement is superseded and replaced by Exhibit A-1, attached hereto and incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A shall hereafter be deemed to refer to Exhibit A-1.
3. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.
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3. All terms and conditions of the Agreement shall remain in full force and effect including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA).
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IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto.
________(Recipient)_________:
By: ____________________________________
Name:
Title:
Date: __________________________________
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name:
Title:
Date: __________________________________
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EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT
PRACTICES
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. Please refer to the table below.
For the most up to date guidance related to Nature Based Solutions, please refer to the Safe, Clean Water Program website ( https://safecleanwaterla.org/)
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METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by
new climate-appropriate
vegetation
Use of native, climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
16%-35% covered by
new native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs,
and trees) / green space
that is both native and
climate-appropriate
More than 35% covered
by new native
vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces
(e.g. permeable
pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil
health (e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-
connected and self-
sustained natural
landscapes with healthy
soils, permeable
surfaces, and
appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
● Preservation of native
vegetation
● Minimal negative
impact to existing
drainage system
● Preservation of native
vegetation
● Installation of new
feature(s) to improve
existing drainage
system
● Creation of open green
space
● Installation of features
to improve natural
hydrology
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands
Planting of climate
appropriate vegetation -
between 5 and 15
different climate-
appropriate or native
plant species newly
planted
No potable water used
to sustain the wetland
● Full restoration of
existing riparian habitat
and wetlands
● Planting of native
vegetation - between
16 and 30 different
native plant species
newly planted
● No potable water used
to sustain the wetland
● Full restoration and
expansion of existing
riparian habitat and
wetlands
● Planting of plant
communities with a
diversity of native
vegetation – greater
than 31 native plant
species newly planted
● No potable water used
to sustain the wetland
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New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff
and filter pollution (e.g.
bioswales and parkway
basins), capturing the
85th percentile 24-hour
storm event from the
entire parcel
Large sized elements
that capture and treat
runoff to supplement or
replace existing water
systems (e.g. wetlands,
daylighting streams,
groundwater infiltration,
floodplain reclamation),
capturing the 90th
percentile 24-hour storm
event from the entire
parcel and/or capturing
off-site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain
moisture in the soil and
prevent erosion
Planting of new climate-
appropriate vegetation
to enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil,
prevent erosion, and
support locally based
composting and other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance
soil organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially
use of next-generation
design with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the
soil, prevent erosion,
and support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance
soil organic matter
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EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Control
• Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regularly inspection and maintenance of pet waste stations • Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs)
o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance
o Inspect for dead or diseased plants regularly
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
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o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed
3. Wildlife Management
• Exotic species control
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes
• Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
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o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging.
Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation
• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment
• Tracking and reporting inspection and maintenance records
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors
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12-L
TO: Honorable Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Sonny R. Santa Ines, Mayor
SUBJECT: Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association ,
2023 Sacramento Legislative Tour, January 9 – 11, 2023 (Pursuan t to AB 1234)
DATE: January 23, 2023
EXECUTIVE SUMMARY
See attached Official Travel Report.
RECOMMENDATION TO CITY COUNCIL
1) Receive and file Official Travel Report for the California Contract Cities Association, 2023 Sacramento Legislative Tour; or
2) Alternatively, discuss and take other action related to this item.
ATTACHMENT
Official Travel Report ..................................................................................................... 2 -1-
TO: Honorable Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Sonny R. Santa Ines, Mayor
SUBJECT: Official Travel Report – California Contract Cities Association, 2023 Sacramento Legislative Tour, January 9 – 11, 2023 (Pursuant to AB 1234)
DATE: January 23, 2023
State law requires that local government officials report on their official travel activities when public funds are expended. Therefore, pursuant to California Government Code Sections 53232.2 and 53232.3 and Bellflower City Council Resolution No. 06-02, the following Travel Report is submitted to the City Council.
Mayor Pro Tem Raymond Hamada, Council Member Victor Sanchez and I traveled to Sacramento, CA, for the California Contract Cities Association, 2023 Sacramento Legislative Tour.
Dates of the conference were January 9-11, 2023. Council Member Victor Sanchez traveled to Sacramento on Sunday, January 8, 2023. Mayor Pro Tem Raymond Hamada and I traveled to Sacramento on Monday, January 9, 2023.
We returned to Bellflower on Tuesday, January 10, 2023.
Attachment: Conference Program
C: City Clerk
Director of Finance
T RAVEL R EPORT
-2-
The time has come and we are headed to Sacramento!
We have an exciting and informative program scheduled for you and we can't wait to see you.
Here are a few things to keep in mind:
-3-
City Council Meeting
January 23, 2023
Agenda Item 9-A
DR-5-22-13065, TT 83812, ZC 22-02, and SDR 22-01
10343 & 10351 Mapledale Street
Presented By:
Jason P. Clarke
Planning Department
1 Good Evening Mayor, Council Members, staff and the public. Before you tonight is Agenda Item 9A, which includes DR-5-22-13065, TT 83812, ZC 22-02, and SDR 22-01 located on 10343 & 10351 Mapledale Street
1 2
Aerial Photo
N
The subject site is bounded by Mapledale Street to the south, McNab Avenue to the east, Woodruff Avenue to the west an existing elementary school to the north. 2 REQUEST
DR-5-22-13065 – Development Review to allow the construction of eight, 2-story, single-family residences with attached garages;
TT 83812 – Tentative Tract Map to allow the subdivision of a 41,174-square foot lot into 8 lots;
ZC 22-02 – Change the zone from R-1 (Low Density Residential Zone) to R-1 PD (Low Density Residential Planned Development Overlay District); and
SDR 22-01 – Site Design Review to allow flexibility of the R-1 zone development standards. 3 Read screen
3 PROPOSED SITE PLAN
4 N
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lots range in size from 5,078 SF to 5,351 SF; Lots 3-6 do not have a street frontages; hence the applicant is requesting the zone change to a planned development overlay district.
A total of 30 parking spaces are proposed, which includes two, attached 2-car garages, 6, attached 3-car garages, and 8 visitor spaces parallel the driveway.
A 20-foot wide driveway with fire truck hammer head is located on the site, and landscaping with 15, 24 inch box trees is located throughout.
All units propose 15-foot rear yard setbacks/ private yard areas.
Based on the proposed site layout, the following development standard flexibilities are being requested by the applicant:
No Street Frontage (Lots 3 - 8)
Exceed Maximum Allowable Concrete Within Front Yard Setback (All Lots); and Less Landscaped within Front Yard Setbacks (All Lots)
4 FLOOR PLAN – LOTS 1 & 2
5 First Floor
Second Floor
Lots 1 & 2 are 2,175 SF in size, with 2 bedrooms and 2.5 bathrooms, 430 square foot 2-car garages, and 119 SF front porches. 5 FLOOR PLAN – LOTS 3-6
6 First Floor
Second Floor
Lots 3 - 6 are 2,278 SF in size, with 3 bedrooms and 3 bathrooms, 683 square foot 3-car garages (1 tandem space), 44 SF front porches and 140 SF balconies. 6 FLOOR PLAN – LOTS 7 & 8
7 First Floor
Second Floor
Lots 7 & 8 are 2,278 SF in size, 3 bedrooms and 2 bathrooms, 683 SF 3-car garages (1 tandem space), 21 SF front porches and 140 SF balconies. 7 PLANNING COMMISSION
December 5, 2022 – The Planning Commission recommended the City Council approve the Project with the following two modified conditions and one added/new condition:
Modified Condition:
20. Trash service must be provided in an appropriate manner subject to the review and approval by the Director of Planning and Building Services, and the City’s franchise trash collector (e.g., CR&R). The Developer must coordinate with the trash collector to provide onsite pick-up service only; curb side pick-up service is not permitted. Each dwelling unit must provide the following carts for their disposal need:
One (1) black cart for trash,
One (1) cart for food waste,
One (1) green cart for green waste, and
One (1) blue cart for recyclable waste.
8 Read screen
8 PLANNING COMMISSION
Modified Condition:
33. Each of the subject properties are limited to future additions. No additional bedrooms may be added or converted to any of the dwelling units. All lofts, dens/office are prohibited from being converted to bedrooms. Other additions including enlarging bedrooms or other areas of the dwelling unit may be processed for a Planning approval and Construction Permit through the City’s Development Review process. In the event the proposed addition is substantially changing a dwelling unit, the Director of Planning and Building Services may require the City Council to review the Project through a public hearing. This condition must be included in the CC&R’s.
New Condition:
43. The Applicant must install and maintain mature landscaping throughout the subject property, as depicted on the Project’s fly-through video. 9 Read screen
9 ANALYSIS
Development Review: Pursuant to BMC § 17.80.040, the project meets all findings, as outlined in Resolution No. PC 23-03
Tentative Tract Map (TT): Pursuant to BMC § 16.08.070, the project meets all findings, as outlined in Resolution No. PC 23-03;
Zone Change (ZC): Pursuant to BMC Chapter 17.60, the project meets all findings, as outlined in Resolution No. PC 23-03; and
Site Design Review (SDR): Pursuant to BMC § 17.60.060, the project meets all findings, as outlined in Resolution No. PC 23-03. 10 The project meets all of the findings outlined in Resolution No. PC 23-03. In addition, the project conforms with the Zoning provisions and the City’s General Plan. 10 RECOMMENDATION
It is recommended that the City Council:
Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 23-03 and read by title only, waive further reading, and introduce Ordinance No. 1423; or
Alternatively, discuss and take other action related to this item.
11 11
City Council Meeting
January 23, 2023
Agenda Item 9-A
DR-5-22-13065, TT 83812, ZC 22-02, and SDR 22-01
10343 & 10351 Mapledale Street
Presented By:
Jason P. Clarke
Planning Department
12 Good Evening Mayor, Council Members, staff and the public. Before you tonight is Agenda Item 9A, which includes DR-5-22-13065, TT 83812, ZC 22-02, and SDR 22-01 located on 10343 & 10351 Mapledale Street
12 ELEVATIONS – LOTS 1 & 2
Facing the shared driveway
Side yard
Facing Mapledale Street
Rear yard
The building features
four-sided architecture
13 ELEVATIONS – LOTS 3 & 6
Side yard
Facing the shared driveway
Side yard
Rear yard
14 ELEVATIONS – LOTS 7 & 8
Facing the shared driveway
Rear yard
Side yard
Side yard
15 N
16 LIGHTING
17 EXISTING PLAN
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