Cities Index.
Agenda packet

Carson City Council
January 21, 2025

Document
Agenda packet
Meeting
January 21, 2025
Body
Carson City Council
Pages
16
Original file
72.9 MB
Text extracted from the city's file for reading and search. Open the original on firebasestorage.googleapis.com. That file is the official record.

CITY OF CARSONHOUSING AUTHORITY/SUCCESSOR AGENCY/PUBLIC FINANCING AUTHORITY/CITY COUNCIL AGENDA Lula Davis-Holmes, Mayor
Jawane Hilton, Mayor Pro Tem and District 1 Councilmember Cedric L. Hicks, Sr., District 3 Councilmember Jim Dear, District 2 Councilmember Arleen Bocatija Rojas, District 4 Councilmember Dr. Khaleah Bradshaw, City Clerk Monica Cooper, City Treasurer “In accordance with the Americans with Disabilities Act of 1990, if you require a disability related modificationor accommodation to attend or participate in this meeting, including auxiliary aids or services, please call theCity Clerk’s office at 310-952-1720 at least 48 hours prior to the meeting.” (Government Code Section 54954.2) RULES OF DECORUM:

1. No person attending a Public Meeting shall engage in disorderly or boisterous conduct, including but not limited toapplause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal,impertinent, or slanderous utterance-that disturbs, disrupts, or otherwise impedes the orderly conduct of themeeting.2. All remarks by members of the public shall be addressed to the Mayor or the Chair and not to any other memberof the public or to any single Council, Board or Commission Member unless in response to a question from thatMember.3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting ifthe presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.4. All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body atthe podium or entering or leaving the meeting.5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.

Treat everyone courteouslyListen to others respectfullyExercise self-controlGive open-minded consideration to all viewpointsFocus on the issues and avoid personalizing debateEmbrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusivepublic process and tools for forging sound decisions

PUBLIC INFORMATION
The public may address the members of the City Council on any matters within the jurisdiction of the CityCouncil or on any items on the agenda of the City Council during the designated public comment periods.There will be two Oral Communication sessions: one for Agendized Items (comment about items ON theagenda) and the other for non-Agendized items (comment about items NOT on the Agenda). The OralCommunications portion of the agenda is limited to a duration of one hour unless otherwise approved by theCity Council. Comment time is normally 3 minutes depending on the number of speakers.

PUBLIC VIEWING AVAILABLE BY:

Livestream on the City’s website: The meeting will be streamed live over the i n t e r n e t v i a : w w w. c a r s o n c a . g o v o r o n Y o u t u b e : www.youtube.com/c/CityofCarsonCaliforniaOfficialYouTubePage Cable TV: Spectrum (Channel 35) and ATT (Channel 99)
TUESDAY, JANUARY 21, 2025701 East Carson StreetCity Hall 5:00 PM
IF YOU ARE NOT ABLE TO ATTEND THE MEETING IN-PERSON, PUBLIC COMMENTS CAN BE SUBMITTEDBEFORE THE MEETING AT/VIA:

Email: Public comments can be emailed to [email protected]. The cut-off time to submit any emailcommunications is 3:00 p.m. on the day of the meeting.

Written: Written comments can be dropped off at the City Clerk’s Office. The cut-off time to submit anywritten communications is 3:00 p.m. on the day of the meeting. Written comments dropped off at the CityClerk’s Office or any email received will not be read aloud at Council Meeting but will be circulated to theCity Council and incorporated into the record.

CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY (5:00 pm)

ROLL CALL (CITY CLERK)

FLAG SALUTE
INVOCATION (Item 1)

1. PASTOR REGINALD SAYLOR FROM NEW HOLY TEMPLE CHURCH OF GOD OF CHRIST CLOSED SESSION (Items 2 - 4)

REPORT ON ANY PUBLIC COMMENTS ON CLOSED SESSION ITEMS (CITY CLERK)

ANNOUNCEMENT OF CLOSED SESSION ITEMS (CITY ATTORNEY)
RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. OR UNTIL THE END OF CLOSED SESSION,

WHICHEVER OCCURS FIRST

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(2) or (d)(3) and (e)(1), because there is a significant exposure to litigation in 2 case(s)

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The title of such litigation is as follows: CAM-Carson, LLC v. Carson Reclamation Authority, City of Carson and Successor Agency to the Carson Redevelopment Agency, Los Angeles Superior Court Case No. 20STCV16461.

4. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)
— A closed session will be held, pursuant to Government Code 54957.6, with City Manager, Assistant City Manager, and Human Resources Officer, its negotiators(s), regarding labor negotiations with AME, CPSA, and, AFSCME Local 809 and 1017 as well as Unclassified Management.

RECONVENE TO OPEN SESSION AT 6:00 P.M. OR AT THE END OF CLOSED SESSION, WHICHEVER

OCCURS FIRST

REPORT ON CLOSED SESSION ACTIONS (CITY ATTORNEY)
INTRODUCTIONS (MAYOR) (Item 5)

5. REPORT FROM CAPTAIN NORMAN OF CARSON SHERIFF'S STATION PRESENTATIONS (Items 6 - 10)

6. PROCLAMATION RECOGNIZING MARTIN LUTHER KING JR. DAY (1/20/25)

7. INTRODUCTION OF NEW CAL STATE DOMINGUEZ HILLS INTERNS

8. KEY TO THE CITY PRESENTATION TO JOHN SINGSON IN RECOGNITION OF HIS DISTINGUISHED

COMMUNITY SERVICE, ENTREPRENEURSHIP, AND LEADERSHIP IN THE CITY OF CARSON

9. PROCLAMATION AND CERTIFICATE OF RECOGNITION TO ANSCHUTZ ENTERTAINMENT GROUP

AND THE LOS ANGELES GALAXY CELEBRATING THEIR WESTERN CONFERENCE CHAMPIONSHIP AND MAJOR LEAGUE SOCCER CUP CHAMPIONSHIP FOR THE 2024 SEASON

10. PRESENTATION FROM Z&K CONSULTANTS, INC. ON PROPOSED CIVIC CENTER REDEVELOPMENT

SPECIFIC PLAN PROCESS

ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) (LIMITED

TO ONE HOUR)
The public may address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency or on any items on the agenda of the City Council/Housing Authority/Successor Agency, other than closed session matters, prior to any action taken on the agenda. Speakers are limited to no morethan three minutes, speaking once. Oral communications will be limited to one (1) hour unless extended by order of the Mayor with approval of the City Council.

APPROVAL OF MINUTES (Item 11)

11. APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL-SUCCESSOR AGENCY-HOUSING AUTHORITY MINUTES: JANUARY 7, 2025 (CITY COUNCIL)

RECOMMENDED ACTION
— APPROVE the minutes as listed.

CONSENT (Items 12 - 27)

ANY ITEM OR ITEMS MAY BE REMOVED FOR DISCUSSION
These items are considered to be routine items of business and have, therefore, been placed on the CONSENT CALENDAR. For items remaining on the CONSENT CALENDAR, a single motion to ADOPT the recommended action is in order.

12. CONSIDER APPROVAL OF RESOLUTION 25-014 TO AUTHORIZE A LEGISLATIVE SUBPOENA FROM THE CITY OF CARSON TO PHILLIPS 66 COMPANY (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE Resolution 25-014 and the related Legislative Subpoena.

13. CONSIDER AWARDING A CONTRACT SERVICES AGREEMENT TO Z&K CONSULTANTS, INC. TO DEVELOP A SPECIFIC PLAN FOR THE CARSON CIVIC CENTER AND ADOPT RESOLUTION NO. 25-007 AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS, AND AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM TO INCORPORATE PROJECT NO. PW1796 - CARSON CIVIC CENTER REDEVELOPMENT (CITY COUNCIL)

RECOMMENDED ACTION
— 1. AWARD and APPROVE a Contract Services Agreement to Z&K Consultants, Inc. for the development of a Carson Civic Center Specific Plan, at a not-to-exceed sum of $550,000 for the contract term; and
— 2. AUTHORIZE the Mayor to execute the Z&K Consultants, Inc. Contract Services Agreement, following approval as to form by the City Attorney; and — 3. ADOPT Resolution No. 25-007 “A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS, AND AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM TO INCORPORATE PROJECT NO. PW1796 - CARSON CIVIC CENTER REDEVELOPMENT”

14. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF

CARSON AND CBJ, LP DBA LOS ANGELES BUSINESS JOURNAL (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE the proposed Amendment No. 1 between the City of Carson and CBJ, LP DBA Los Angeles Business Journal.
— 2. AUTHORIZE the Mayor to execute the Amendment following approval as to form by the City Attorney.

15. CONSIDER ADOPTING RESOLUTION NO. 25-01-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $43,476.98, DEMAND CHECK NUMBERS HA-002022 THROUGH HA-002028 (CITY COUNCIL)

RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-01-CHA, "A RESOLUTION OF THE

CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $43,476.98, DEMAND CHECK NUMBERS HA-002022 THROUGH HA-002028".

16. CONSIDER ADOPTING RESOLUTION NO. 25-008, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,379,449.46, DEMAND CHECK NUMBERS 177061 THROUGH 177123 FOR GENERAL DEMAND (CITY COUNCIL)

RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-008, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,379,449.46, DEMAND CHECK NUMBERS 177061 THROUGH 177123 FOR GENERAL DEMAND".

17. CONSIDER ADOPTING RESOLUTION NO. 25-01-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $34,871.88, DEMAND CHECK NUMBERS SA-001939 THROUGH SA-001940 (CITY COUNCIL)

RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution NO. 25-01-CSA, "A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $34,871.88, DEMAND CHECK NUMBERS SA-001939 THROUGH SA-001940".

18. CONSIDER APPROVAL OF RESOLUTION NO. 25-003 TO INCREASE THE AVAILABLE FUNDS OF THE

REVOLVING FUND FOR TRAVEL/CONFERENCES (CITY COUNCIL)

RECOMMENDED ACTION
— WAIVE further reading and ADOPT Resolution No. 25-003, " A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CARSON, CALIFORNIA, INCREASING THE AMOUNT OF THE REVOLVING FUND

19. CONSIDER A REPORT ON ALL INTRADEPARTMENTAL BUDGET TRANSFERS APPROVED UNDER

THE CITY MANAGER OR DESIGNEE AUTHORITY FOR THE MONTH OF NOVEMBER AND DECEMBER 2024 PER ORDINANCE 24-2401 (CITY COUNCIL)

RECOMMENDED ACTION
— RECEIVE and FILE this information.

20. CONSIDER APPROVAL OF AMENDMENT NO.1 TO THE PURCHASING AND MAINTENANCE SERVICES AGREEMENT WITH MISSION CRITICAL INFORMATION SYSTEMS INC. (MCIS) (C22-045) FOR

INTEROPERABLE PUBLIC SAFETY RADIO SYSTEM AND MAINTENANCE SERVICE (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE Amendment No. 1 to add products and services to the Scope of Services for an additional amount of $113,740.31 thereby increasing the total not to exceed contract sum to $333,674.85.
— 2. AUTHORIZE the Mayor to execute the agreement, following approval as to form by the City Attorney.

21. CONSIDER APPROVING AN INCREASE TO THE LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL (LADACC) CONTRACT (C19-104) AND ADOPTION OF RESOLUTION NO. 25-002, APPROVING THE BUDGET TRANSFER IN FISCAL YEAR 2024-2025 IN THE PUBLIC SAFETY BUDGET TO

INCREASE THE ANIMAL CONTROL CONTRACT BUDGET (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE an increase to the Animal Care and Control (LADACC) contract. — 2. ADOPT Resolution No. 25-002, A RESOLUTION OF THE CARSON CITY COUNCIL APPROVING THE FISCAL YEAR 2024-2025 BUDGET TRANSFER FOR PUBLIC SAFETY TO INCREASE CONTRACT BUDGET FOR THE ANIMAL CONTROL CONTRACT (C-19-104) BY $270,000.

22. CONSIDER (1) ADOPTING RESOLUTION NO. 25-001 AMENDING THE FISCAL YEAR 2024/25 BUDGET AND (2) APPROVING A CONTRACT WITH R3 PAINTING, FOR REPAIRS TO THE DEL AMO

PARK MAIN BUILDING FLOORS FUNDED BY A LOS ANGELES COUNTY PROPOSITION A MAINTENANCE & SERVICING ALLOCATIONS GRANT ON A REIMBURSEMENT BASIS (CITY COUNCIL)

RECOMMENDED ACTION
— 1. ADOPT Resolution No. 25-001, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 GENERAL FUND AND SPECIAL REVENUE BUDGET";
— 2. APPROVE the attached Public Works Agreement between the City of Carson and R3 Painting (Exhibit No. 2; “Agreement”);
— 3. AUTHORIZE the Mayor and/or City Manager to execute the Agreement following approval as to form by City Attorney; and
— 4. AUTHORIZE the City Manager, or designee, to submit and execute all documents necessary to ensure and obtain RPOSD reimbursement to the City for the Agreement work out of the Proposition A Maintenance & Servicing grant funding.

23. CONSIDER (1) APPROVING AN AGREEMENT WITH HERK EDWARDS INC. FOR REMOVING AND INSTALLING BLEACHERS AT VETERANS SPORTCOMPLEX AND (2) APPROVING A PURCHASE AGREEMENT WITH HERK EDWARDS INC. FOR PURCHASE OF NEW BLEACHERS, FUNDED BY A LOS

ANGELES COUNTY MEASURE A ANNUAL ALLOCATION FUNDING GRANT ON A REIMBURSEMENT BASIS; AND (3) ADOPTING RESOLUTION NO. 25-009 AMENDING THE FISCAL YEAR 2024/2025

BUDGET (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE the attached Public Works Agreement between the City of Carson and Herk Edwards Inc. (Exhibit No. 2; "Public Works Agreement"); — 2. AUTHORIZE the Mayor and/or City Manager to execute the Public Works Agreement following approval as to form by City Attorney;
— 3. APPROVE the attached Purchase Agreement between the City of Carson and Herk Edwards, Inc., pursuant to CMC Section 2611(g) (Cooperative Purchasing bidding exemption) and Sourcewell Contract #081523-HSC  (Exhibit No. 3; "Purchase Agreement"); and — 4. AUTHORIZE the Mayor and/or City Manager to execute the Purchase Agreement following approval as to form by City Attorney; and
— 5. AUTHORIZE the City Manager or designee to submit and execute all documents necessary to ensure and obtain RPOSD reimbursement to the City for the Public Works Agreement and Purchase Agreement out of the Proposition A Annual Allocation Grant funding. — 6. ADOPT Resolution No. 25-009, "A RESOLUTION OF THE CITY COUCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/2025 BUDGET IN THE SPECIAL REVENUE FUNDS";

24. CONSIDER AWARDING A CONTRACT TO SOCAL SURFACES, INC. FOR THE RESURFACING OF

VARIOUS OUTDOOR COURTS ALONG WITH THE CONVERSION OF TENNIS COURTS TO PICKLEBALL

COURTS (CITY COUNCIL)

RECOMMENDED ACTION
— 1. AWARD and APPROVE the Public Works Agreement with SoCal Sports Surfaces Inc. to provide resurfacing of various outdoor courts and conversion to pickleball courts in a not-to- exceed amount of $383,875.00 (Exhibit No. 1; "Agreement"). — 2. AUTHORIZE the Mayor to execute the Agreement following approval as to form by the City Attorney.

25. CONSIDER ADOPTION OF RESOLUTION NO. 25-010, A RESOLUTION OF THE CARSON CITY COUNCIL APPROVING A BUDGET TRANSFER IN FISCAL YEAR 2024-25 FROM THE GENERAL FUND TO INCREASE THE TRANSTECH ENGINEERS, INC. CONTRACT BUDGET FOR THE FISCAL YEAR AND APPROVAL OF PROPOSED AMENDMENT NO. 2 TO THE AGREEMENT WITH TRANSTECH ENGINEERS, INC. TO PROVIDE BUILDING AND SAFETY SERVICES FOR THE CITY OF CARSON (CITY COUNCIL)

RECOMMENDED ACTION
— ADOPT Resolution No. 25-010, “A RESOLUTION OF THE CARSON CITY COUNCIL APPROVING A BUDGET TRANSFER IN THE FISCAL YEAR 2024-25 BUDGET FROM THE GENERAL FUND TO INCREASE THE TRANSTECH ENGINEERS, INC. CONTRACT BUDGET FOR THE FISCAL YEAR”; — APPROVE Amendment No. 2 to the agreement with Transtech Engineers, Inc., to provide building and safety services for the City of Carson increasing the not-to-exceed amount from $8,000,000 to $25,000,000 for a 5-year term expiring in June 20, 2028; AND — AUTHORIZE the Mayor to execute the amendment, following approval as to form by the City Attorney.

26. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO TOTUM CORP AND FCG CONSULTANTS

AGREEMENTS TO PROVIDE ON-CALL PROFESSIONAL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES TO THE PUBLIC WORKS DEPARTMENT (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE Amendment No. 1 with Totum Corp. for Construction Management Construction Inspection services increasing the contract sum by $400,000 for a total contract sum of $882,635.00.
— 2. APPROVE Amendment No. 1 with FCG Consultants Corp. for Construction Management Construction Inspection services increasing the contract sum by $400,000 for a total contract sum of $882,635.00.
— 3. AUTHORIZE the Mayor to execute contract Amendment No. 1 with Totum Corp. following approval as to form by the City Attorney.
— 4. AUTHORIZE the Mayor to execute contract Amendment No. 1 with FCG Consultants Corp. following approval as to form by the City Attorney.

27. CONSIDER THE APPROVAL AND RATIFICATION OF AGREEMENT FOR SALE OF CREDITS FOR THE REQUIRED MITIGATION MEASURE FOR PROJECT 675 - SEPULVEDA BRIDGE WIDENING PROJECT (CITY

COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE and RATIFY the Agreement for Sale or Credits between Land Veritas Corp. and the City of Carson for the purchase of credit for $50,000. — 2. AUTHORIZE and RATIFY execution of the Agreement with Land Veritas Corp. by the Public Works Director following approval as to form by the City Attorney.

SPECIAL ORDERS OF THE DAY
Public testimony is restricted to three minutes per speaker, speaking once (excepting applicants who are afforded a right of rebuttal, if desired), unless extended by order of the Mayor with the approval of the City Council.

DISCUSSION (Item 28 - 32)

28. CONSIDER INTRODUCING ORDINANCE NO. 25-2501, AN ORDINANCE ADDING SECTION 3251.11 (ELECTRIC VEHICLE PARKING SPACES AND RESTRICTIONS) TO PART 6 (PARKING REGULATIONS) OF CHAPTER 2 (TRAFFIC REGULATIONS) OF THE CARSON MUNICIPAL CODE TO AUTHORIZE THE PUBLIC

WORKS DIRECTOR TO DESIGNATE ELECTRIC VEHICLE PARKING SPACES IN OFFSTREET PARKING

FACILITIES OWNED AND OPERATED BY THE CITY, AND TO ESTABLISH PARKING RESTRICTIONS

APPLICABLE TO SUCH DESIGNATED SPACES (CITY COUNCIL)

RECOMMENDED ACTION
— INTRODUCE for first reading, by title only and with full reading waived, Ordinance No. 25- 2501, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING SECTION 3251.11 (ELECTRIC VEHICLE PARKING SPACES AND RESTRICTIONS) TO PART 6 (PARKING REGULATIONS) OF CHAPTER 2 (TRAFFIC REGULATIONS) OF THE CARSON

MUNICIPAL CODE TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO DESIGNATE ELECTRIC VEHICLE PARKING SPACES IN OFFSTREET PARKING FACILITIES OWNED AND OPERATED BY THE CITY, AND TO ESTABLISH PARKING RESTRICTIONS APPLICABLE TO SUCH DESIGNATED SPACES."

29. CONSIDER INTRODUCTION AND FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 25-2502, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING SECTION 63134 (MASSAGE PARLORS), SECTION 63134.4 (SAME – EXCEPTION) AND SECTION 63135 (MASSAGE TECHNICIANS) OF PART 5 (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS REQUIRING A PERMIT) OF CHAPTER 3 (BUSINESS, PROFESSIONS AND TRADES) OF THE CARSON MUNICIPAL CODE TO EXPRESSLY EXCLUDE BODY SCULPTING FROM DEFINITION OF MASSAGE" (CITY

COUNCIL)

RECOMMENDED ACTION
— 1. WAIVE further reading and introduce for first reading Ordinance No. 25-2502

30. CONSIDER A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, COUNTY SANITATION DISTRICT NO. 2 OF LOS

ANGELES COUNTY, WEST BASIN MUNICIPAL WATER DISTRICT, THE SOUTH BAY WORKFORCE

INVESTMENT BOARD, AND THE CITY OF CARSON TO OUTLINE HOW THE PARTIES WILL

COLLABORATE TO PROVIDE WORKFORCE DEVELOPMENT OUTREACH THROUGH EQUITABLE ACCESS

TO JOB OPPORTUNITIES AND CAREER PATHWAYS TO COMMUNITY MEMBERS OF CARSON, INCLUDING K-12 PATHWAY OUTREACH, INFORMATION SESSIONS, AND INTERNSHIP OPPORTUNITIES

THAT PROVIDE INDUSTRY AWARENESS AND WORK READINESS SKILLS (CITY COUNCIL)

RECOMMENDED ACTION
— 1. APPROVE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, COUNTY SANITATION DISTRICT NO. 2 OF LOS

ANGELES COUNTY, WEST BASIN MUNICIPAL WATER DISTRICT, THE SOUTH BAY WORKFORCE

INVESTMENT BOARD, AND THE CITY OF CARSON TO OUTLINE HOW THE PARTIES WILL

COLLABORATE TO PROVIDE WORKFORCE DEVELOPMENT OUTREACH THROUGH EQUITABLE

ACCESS TO JOB OPPORTUNITIES AND CAREER PATHWAYS TO COMMUNITY MEMBERS OF CARSON, INCLUDING K-12 PATHWAY OUTREACH, INFORMATION SESSIONS, AND INTERNSHIP

OPPORTUNITIES THAT PROVIDE INDUSTRY AWARENESS AND WORK READINESS SKILLS — 2. AUTHORIZE the Mayor to execute the Agreement electronically in a form acceptable to the City Attorney

31. CONSIDER ADOPTING URGENCY ORDINANCE 25-2503U AND CONSIDER APPROVING RESOLUTION 25-011 TO SUPPORT THE RELIEF AND RECOVERY EFFORT IN RESPONSE TO THE JANUARY 2025 FIRES IN THE LOS ANGELES AREA (CITY COUNCIL)

RECOMMENDED ACTION
— 1. ADOPT, by a two-thirds affirmative vote of the City Council, Ordinance 25-2503U, "AN

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, STATE OF CALIFORNIA, SUSPENDING MUNICIPAL CODE SECTION 93162.3 FOR THE DURATION OF THIS ORDINANCE" — 2. APPROVE Resolution 25-011

32. CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’S COMMISSIONS,

COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY MAYOR AND CITY COUNCIL

AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALL COMMISSIONS (CITY COUNCIL)

RECOMMENDED ACTION
— 1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
— 2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission; — 3. CONSIDER and APPOINT members to City Affiliated Organizations; — 4. DIRECT the City Clerk to notify all affected appointments of this action in writing; — 5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act

ORDINANCE SECOND READING

MEMORIAL ADJOURNMENTS

ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) The public may at this time address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency. No action may be taken on non-agendized items except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each, speaking once.

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS

ORAL COMMUNICATIONS (COUNCIL MEMBERS)

ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY)

RECESS TO CLOSED SESSION

RECONVENE TO OPEN SESSION

REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS

ADJOURNMENT
Date Posted: January 16, 2025

CITY OF CARSON

File #: Version:

Report to City Council, Successor Agency, andHousing Authority Tuesday, January 21, 2025, 5:00 PM
APPROVAL OF MINUTES 11. To: City Council, Successor Agency, and Housing Authority From: Joy Simarago, Deputy City Clerk CCO Administration Subject: APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL-SUCCESSOR AGENCY-HOUSINGAUTHORITY MINUTES: JANUARY 7, 2025 (CITY COUNCIL) I. SUMMARY
The City Clerk’s Office is seeking approval of the following minutes:

Tuesday, January 7, 2025 (Regular)
II. RECOMMENDATION
APPROVE the minutes as listed.

III. ALTERNATIVES
None.

IV. BACKGROUND
None.

V. FISCAL IMPACT
None.

VI. EXHIBITS

1.    Minutes, January 7, 2025 (Regular)
Prepared by: Dr. Khaleah K. Bradshaw, City Clerk and Joy Simarago, Deputy City Clerk

701 East Carson Street

Attachments
Minutes - CC Reg Mtg 01-07-25.pdf

CITY OF CARSON

MINUTES

CARSON CITY COUNCIL/

SUCCESSOR AGENCY/HOUSING AUTHORITY

REGULAR MEETING
JANUARY 7, 2025
5:00 P.M.

CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY (5:00 pm) The meeting was called to order at 5:04 P.M. by Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Jawane Hilton in the Helen Kawagoe Council Chambers, Carson City Hall, located at 701 E. Carson Street, Carson, California 90745.

ROLL CALL (CITY CLERK)
City Clerk/Agency Secretary/Authority Secretary, Dr. Khaleah K. Bradshaw noted the roll:

Council Members/Agency Members/Authority Board Members Present:

Mayor/Agency Chairman/Authority Chairman Lula Davis-Holmes, Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Jawane Hilton, Council Member/Agency Member/Authority Board Member Jim Dear, and Council Member/Agency Member/Authority Board Member Cedric Hicks, Sr.

Council Members/Agency Members/Authority Board Members Absent:

Council Member/Agency Member/Authority Board Member Arleen Rojas (Entered at 5:07 P.M.) Also Present:

Monica Cooper, City/Agency/Authority Treasurer; Sunny Soltani, City/Agency/Authority Attorney; David C. Roberts, Jr., City Manager; Dr. Robert Lennox, Assistant City Manager; John Raymond, Assistant City Manager; Saied Naaseh, Director of Community Development; Michael Whittiker, Jr., Director of Community Services; Dr. Arlington Rodgers, Jr., Director of Public Works; Gary Carter, Director of Information Technology and Security; William Jefferson, Director of Finance; Josh Boudreaux, Director of Human Resources

FLAG SALUTE
Council Member/Agency Member/Authority Board Member Dear led the Pledge of Allegiance.

INVOCATION (Item 1)

1. PASTOR VADA HEDGEMAN FROM REACH THE CITY CHURCH-
Pastor K. W. Tulloss gave the invocation.

CLOSED SESSION (Items 2 - 4)

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The title of such litigation is as follows: CAM-Carson, LLC v. Carson Reclamation Authority, City of Carson and Successor Agency to the Carson Redevelopment Agency, Los Angeles Superior Court Case No. 20STCV16461.

ACTION: No reportable action was taken.

3. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)
— A closed session will be held, pursuant to Government Code Section 54957.6, with City Manager, Assistant City Manager, and Human Resources Officer, its negotiators, regarding labor negotiations with AME, CPSA, and, AFSCME Local 809 and 1017 as well as Unclassified Management.

ACTION: No reportable action was taken.

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(2) or (d)(3) and (e)(1), because there is a significant exposure to litigation in five cases.

ACTION: No reportable action was taken.

REPORT ON ANY PUBLIC COMMENTS ON CLOSED SESSION ITEMS (CITY CLERK) None.

ANNOUNCEMENT OF CLOSED SESSION ITEMS (CITY ATTORNEY)
City/Agency/Authority Attorney Soltani announced the Closed Session items.

RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. OR UNTIL THE END OF CLOSED SESSION,

WHICHEVER OCCURS FIRST
The meeting was recessed at 5:10 P.M. by Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton to Closed Session.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL)- 6:07 PM

3. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)-

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL)- 6:02 PM RECONVENE TO OPEN SESSION AT 6:00 P.M. OR AT THE END OF CLOSED SESSION,

WHICHEVER OCCURS FIRST
The meeting was reconvened at 6:46 P.M. by Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton with all members previously noted present except Rojas absent.

REPORT ON CLOSED SESSION ACTIONS (CITY ATTORNEY)
City Manager Roberts, Jr. gave the Closed Session Report.

INTRODUCTIONS (MAYOR) (Items 5 - 6)

5. REPORT FROM CAPTAIN NORMAN OF CARSON SHERIFF'S STATION- 6:48 PM Captain Norman wished everyone a Happy New Year.

She thanked Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton for meeting with her and looks forward to meeting with Council Member Rojas and Council Member Dear.

She summarized the recent law enforcement activities and crime statistics.

Mayor and City Council wished Captain Norman a Happy New Year.

6. REPORT FROM ASSISTANT CHIEF KANE OF LOS ANGELES COUNTY FIRE - 6:51 PM Acting Assistant Chief Kane summarized the Public Safety Report for the month of December and Year-End Report for 2024.

Council Member/Agency Member/Authority Board Member Dear asked that Acting Assistant Chief Kane express his thanks to the firehouse.

PRESENTATIONS (Items 7 - 9)
(Council Member/Agency Member/Authority Board Member Rojas reentered the meeting.)

7. CERTIFICATE OF APPRECIATION TO SUNNY SOLTANI AND ALESHIRE & WYNDER, LLP ON BEING RECOGNIZED BY THE DAILY JOURNAL AS A TOP BOUTIQUE LAW FIRM- 6:53 PM Mayor/Agency Chairman/Authority Chairman Davis-Holmes thanked City/Agency/Authority Attorney Sunny Soltani for her tireless work for the City. City/Agency/Authority Attorney Soltani was recognized by The Daily Journal as a Top Boutique Law Firm.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes read the Certificate of Appreciation and presented the certificate and a Proclamation to City Attorney Soltani. She congratulated Aleshire & Wynder and City Attorney Sunny Soltani on this acknowledgment.

City/Agency/Authority Attorney Soltani shared that it has been her greatest honor to represent and serve the City of Carson. Carson is like a boot camp for all of our attorneys and the firm has had an opportunity to grow.

8. PRESENTATION ON THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PROFESSIONAL

AWARD TO ADMINISTRATIVE ANALYST, KANESHA POMPEY, IN THE PUBLIC WORKS DEPARTMENT- 7:00 PM
City Manager Roberts, Jr. introduced Melissa Damersi, Principal at Transtech and APWA Awards Program Chair, and Pamela Manning from Transtech, who both presented the award to Kanesha Pompey. Melissa Damersi spoke about the APWA Program. Kanesha Pompey was chosen out of four counties in Southern California to receive the award. Pamela Manning elaborated on the APWA Program, acknowledged, and thanked Director, Dr. Arlington Rodgers, Jr. for championing women in the workplace.

Kanesha Pompey offered words of gratitude.

City Manager Roberts, Jr. offered comments.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes congratulated Kanesha Pompey and shared the times she grew up in the park and reflected on her times as a child.

Council Member/Agency Member/Authority Board Member Hicks, Sr. congratulated Kanesha Pompey on the award. He also congratulated Director, Dr. Rodgers, Jr. on his award that he is receiving in the City of San Bernadino.

Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton congratulated Kanesha Pompey on the award. He also shared that Carson can take a page from the Silver Tsunami to ensure that Carson remains great by grooming young people to take over certain roles in the city. He also thanked Director, Dr. Rodgers, Jr. for his support.

Council Member/Agency Member/Authority Board Member Dear congratulated Kanesha Pompey and her twin sister. He met them both when they were eleven years old and how impressed he is with her dedication and commitment to people and that the entire community is proud of them both.

Council Member/Agency Member/Authority Board Member Rojas congratulated Kanesha Pompey on the award and thanked Transtech for their energy.

Photos were taken.

9. PRESENTATION ON PUBLIC WORKS PAVEMENT PROJECT- 7:22 PM (Council Member/Agency Member/Authority Board Member Rojas exited the meeting at 7:22 P.M and reentered the meeting at 7:23 P.M.)
(Council Member/Agency Member/Authority Board Member Dear exited the meeting at 7:22 P.M. and reentered the meeting at 7:23 P.M.)
Director, Dr. Arlington Rodgers, Jr. introduced two interns to present the Public Works Pavement Project. Gregory McFarland introduced himself as the Public Works Administrative Intern III from California State University Northridge and his major is Business Administration Management.

McKenzie Smith introduced herself as the Administrative Intern III and is attending Long Beach City College for Architectural Design. They gave a presentation on the update of city projects for the Public Works Department.

The presentation detailed Capital Improvement Projects, road completions, budget summary of the projects, and Traffic Signal Projects.

Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton first thanked the fact that there was someone from CSUN here tonight. He thanked Dr. Rodgers, Jr. for highlighting young people and giving them face time in a Council Meeting. Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton shared that during the presentation he received a text from a resident asking about Avalon Boulevard and the streets near Scottsdale. Dr. Rodgers, Jr. shared that the first phase has been completed but the commitment is that all streets in the city will be repaired and that the project will continue once additional funds are allocated and the rainy season is over.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes thanked the interns for their presentation and Director, Dr. Rodgers, Jr. for what he has done thus far. She encouraged him to put together the budget and come back with recommendations. Director, Dr. Rodgers, Jr. shared that they are at about 30% completion. She would like Del Amo Boulevard/Santa Fe Avenue/Main Street moved up the list. Director, Dr. Rodgers, Jr. shared that the city team is working on the list and will be done in-house. He also shared they are going out to bid for the area in front of Scottsdale.

Council Member/Agency Member/Authority Board Member Dear asked Director, Dr. Rodgers, Jr. if he was able to re-repair some of the streets that were repaired such as streets that were driven on too soon, disproportionate amount of slurry, etc. Director, Dr. Rodgers, Jr. stated when the weather is appropriate for slurry, those streets are on the punch list of the slurry seal project and will be taken care of. Council Member/Agency Member/Authority Board Member Dear also asked about Wilmington Avenue which have potholes and rough roads between 223rd Street and Sepulveda Boulevard. Director, Dr. Rodgers, Jr. stated the major arterials are on the list and those will be coming forward as a separate funding request since it is more of an engineering concept.

Council Member/Agency Member/Authority Board Member Hicks, Sr. thanked the interns on an outstanding presentation. He thanked Director, Dr. Rodgers, Jr. for overseeing this project and asked about repaving of University Drive between Avalon Boulevard and Wilmington Avenue. He also asked about the timeline for the medians. Director, Dr. Rodgers, Jr. responded to his question.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested that the contracts include maintaining the sprinkler heads and plants.

ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE

PUBLIC) (LIMITED TO ONE HOUR)
William Koons - Item No. 27
Referred to the Environmental Commission which he is a member and noted two election dates - March 5, 2024 and November 5, 2024 both on the first Tuesday of the month; the City Council moved their meetings to Wednesday; therefore, did not have the Environmental Commission meetings in March and November. The Environmental Commission did not have a quorum in December due to six members on the commission which should be nine with three alternates which was ongoing for six months; requested the Mayor and City Council to appoint more commission members; suggested if there is a holiday to postpone the meeting to later in the month APPROVAL OF MINUTES (Item 10)

10. APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL-SUCCESSOR AGENCY-HOUSING AUTHORITY MINUTES: DECEMBER 17, 2024 (REGULAR MEETING) AND DECEMBER 18, 2024 (SPECIAL MEETING) (CITY COUNCIL)- 7:55 PM
This item was heard after Oral Communications for Matters Not Listed on the Agenda (Members of the Public).

RECOMMENDED ACTION
— APPROVE the minutes as listed.

Motion to Approve submitted by Jim Dear seconded by Dr. Jawane Hilton resulting in 5-0-0-0-0 CONSENT (Items 11 - 25)
(Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton exited the meeting.) Motion to Approve the Consent Items submitted by Jim Dear seconded by Cedric Hicks, Sr. resulting in 4-0 with Dr. Jawane Hilton absent.

During discussion of the motion, Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested a list of Commissions, Committees, and Boards that will be making their presentation at future City Council meetings. City Manager Roberts, Jr. responded in the affirmative. (Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton reentered the meeting.)

11. CONSIDER ADOPTING RESOLUTION NO. 25-005, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $8,491,113.70, DEMAND CHECK NUMBERS 176526 THROUGH 177060 FOR GENERAL DEMAND AND THE AMOUNT OF $2,537.50, CHECK NUMBERS 1290 THROUGH 1290 FOR CO-OP AGREEMENT DEMANDS (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 25-005, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $8,491,113.70, DEMAND CHECK NUMBERS 176526 THROUGH 177060 FOR GENERAL DEMAND AND THE AMOUNT OF $2,537.50, CHECK NUMBERS 1290 THROUGH 1290 FOR CO-OP AGREEMENT DEMANDS".

ACTION: Item No. 11 was approved on Consent.

12. CONSIDER A REPORT OF ALL CITY CONTRACTS APPROVED UNDER CITY MANAGER OR DESIGNEE AUTHORITY FOR THE PERIOD NOVEMBER 1, 2024 THROUGH DECEMBER 30, 2024 PURSUANT TO CMC SECTION 2607 (CITY COUNCIL)- 7:55 PM
ACTION: Item No. 12 was approved on Consent.

13. CONSIDER AN UPDATE ON CITY COMMISSIONS (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— RECEIVE and FILE this report.

ACTION: Item No. 13 was approved on Consent.

14. CONSIDER AN UPDATE ON CITY PROJECTS (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— RECEIVE and FILE this report.

ACTION: Item No. 14 was approved on Consent.

15. CONSIDER THE CITY OF CARSON COMMUNITY FACILITIES DISTRICT NO. 2018-01 (MAINTENANCE AND SERVICES) ANNUAL REPORT AS REQUIRED BY STATE SENATE BILL 165 (CITY COUNCIL) - 7:55 PM

RECOMMENDED ACTION
— RECEIVE and FILE the Annual Report filed by the chief fiscal officer of the City as the levying local agency for the CFD (Exhibit No. 1)
ACTION: Item No. 15 was approved on Consent.

16. CONSIDER APPROVAL OF THE SUCCESSOR AGENCY RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS FY 25-26) FOR THE PERIOD OF JULY 1, 2025 TO JUNE 30, 2026 (SUCCESSOR AGENCY)- 7:55 PM

RECOMMENDED ACTION
— APPROVE the ROPS FY 25-26 and DIRECT staff to submit the ROPS FY 25-26 with any necessary amendments to the Second District Consolidated Oversight Board and required agencies for approval.

ACTION: Item No. 16 was approved on Consent.

17. CONSIDER THE INTERIM DEVELOPMENT IMPACT FEE ANNUAL AND FIVE-YEAR REPORT FOR FISCAL YEAR 2023-2024, PURSUANT TO GOVERNMENT CODE SECTION 66006 (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— RECEIVE and FILE.

ACTION: Item No. 17 was approved on Consent.

18. CONSIDER APPROVAL OF AMENDMENT NO 2. TO THE AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND MRS ENVIRONMENTAL, INC. FOR ADDITIONAL NEW SCOPE OF WORK FOR THE AUDIT OF PIPELINE FRANCHISES (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1.   WAIVE the bidding requirements of the Carson Municipal Code pursuant to Carson Municipal Code Section 2611(e) (sole source purchasing); — 2.   APPROVE Amendment No. 2 to the Agreement for Contract Services with MRS Environmental, Inc. (Exhibit No. 1); and
— 3.   AUTHORIZE the Mayor to execute Amendment No. 2, following approval as to form by the City Attorney.

ACTION: Item No. 18 was approved on Consent.

19. CONSIDER APPROVAL OF CONTRACT SERVICES AGREEMENT WITH CALIFORNIA STATE

UNIVERSITY DOMINGUEZ HILLS FOUNDATION TO IMPLEMENT BROWNFIELD GRANT COMMUNITY ENGAGEMENT ACTIVITIES (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— RATIFY and APPROVE the CSUDH Foundation Contract (Brownfields), dated January 1, 2025, and the City Manager’s execution of the Agreement
ACTION: Item No. 19 was approved on Consent.

20. CONSIDERATION OF APPROVAL OF CONTRACT AMENDMENT FOR DATA EXTRACTION AND MIGRATION AND PROJECT MANAGMENT SERVICES. (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. APPROVE Amendment No. 1 to contract with Nth Generation Computing, Inc. for Data Extraction and Migration Services, for an increased amount not to exceed $42,630.00, increasing the total contract sum to $108,390.00; and
— 2. AUTHORIZE the Mayor to execute the amendment after approval as to form by the City Attorney.

ACTION: Item No. 20 was approved on Consent.

21. CONSIDER REJECTION OF ALL PROPOSALS RECEIVED FOR REQUEST FOR PROPOSALS ("RFP") 25-002 FOR PURCHASE OF ON-CALL YOUTH SPORTS PROGRAM- PROFESSIONAL PHOTOGRAPHY SERVICES (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. REJECT all proposals received in response to RFP No. 25-002.

ACTION: Item No. 21 was approved on Consent.

22. CONSIDER APPROVAL OF VETERANS SPORTSCOMPLEX FITNESS EQUIPMENT DONATION AGREEMENT (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. APPROVE the proposed Donation Agreement.
— 2. AUTHORIZE the Mayor to execute Donation Agreement following approval as to form by the City Attorney.

ACTION: Item No. 22 was approved on Consent.

23. CONSIDER ADOPTION OF RESOLUTION 24-110, APPROVING AMENDMENT NO. 2 TO

MEASURE M FUNDING AGREEMENT BETWEEN LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) AND THE CITY OF CARSON FOR PROJECT NO. 1687:

CARSON STREET INTELLIGENT TRANSPORTATION SYSTEM COMMUNICATIONS PROJECT FROM FIGUEROA STREET TO I-405 NORTHBOUND RAMPS AND ADOPTION OF RESOLUTION 24-114 AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. ADOPT Resolution 24-110 and APPROVE Amendment No. 2 to Measure M Funding Agreement with Los Angeles County Metropolitan Transportation Authority extending the project completion date to June 30, 2025.
— 2. AUTHORIZE the Mayor to execute Funding Agreement Amendment No. 2 following approval as to form by the City Attorney.
— 3. ADOPT Resolution 24-114, “A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS”.

ACTION: Item No. 23 was approved on Consent.

24. CONSIDER ADOPTION OF RESOLUTION 24-068, APPROVING FUNDING AGREEMENT

BETWEEN CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CARSON ACCEPTING STATE GRANT FUNDS IN THE AMOUNT OF $2,000,000.00 FOR PROJECT 1702:

LOMITA BOULEVARD PAVEMENT REHABILITATION PROJECT BETWEEN WILMINGTON AVENUE AND ALAMEDA STREET (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. ACCEPT grant funds in the amount of $2,000,000.00. — 2. WAIVE further reading and ADOPT Resolution 24-068, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION

OF ADMINISTERING AGENCY-STATE FUNDS TRANSFER AGREEMENT FOR STATE AND FEDERAL- AID FUNDED PROJECTS FOR LOMITA BOULEVARD PROJECT"
ACTION: Item No. 24 was approved on Consent.

25. CONSIDER APPROVAL OF TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF CARSON, AGREEMENT NO. 2024MP14, SAFE, CLEAN WATER PRGORAM - MUNICIPAL PROGRAM (CITY COUNCIL)- 7:55 PM

RECOMMENDED ACTION
— 1. APPROVE the “Transfer Agreement between the Los Angeles County Flood Control District and Carson, Agreement No. 2024MP14, Safe, Clean Water Program – Municipal Program”(Exhibit No. 1); and
— 2. AUTHORIZE the Mayor to execute the Transfer Agreement, following approval as to form by the City Attorney
ACTION: Item No. 25 was approved on Consent.

SPECIAL ORDERS OF THE DAY
None.

DISCUSSION (Item 26 - 27)

26. CONSIDER DEVELOPING PLANS AND ESTABLISHING FUNDS TO FORMALLY RECOGNIZE GILBERT D. "GIL" SMITH, ONE OF THE FOUNDING FOREFATHERS AND ONE OF THE FIRST MAYORS OF THE CITY OF CARSON (CITY COUNCIL)- 7:57 PM

RECOMMENDED ACTION
— 1. AUTHORIZE the development of plans to formally recognize Gil Smith; and — 2. ESTABLISH funds for same.

City Manager Roberts, Jr. gave a report.

City/Agency/Authority Attorney Soltani and Director Whittiker, Jr. elaborated on the report.

ACTION: It was moved to 1) Authorize the development of plans to formally recognize Gil Smith; and 2) Establish funds for same under the City Manager's spending authority on motion of Dear, seconded by Dr. Hilton.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes offered a friendly amendment to the motion to establish the Gil Smith Memorial Ad Hoc Committee consisting of herself and Mayor Pro Tempore, Dr. Hilton which was accepted by the maker and seconder of the motion.

Motion to Approve, as amended, resulting in 5-0-0-0-0.

27. CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’S

COMMISSIONS, COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY

MAYOR AND CITY COUNCIL AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALL COMMISSIONS (CITY COUNCIL)- 8:06 PM

RECOMMENDED ACTION
— 1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
— 2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission; — 3. CONSIDER and APPOINT members to City Affiliated Organizations; — 4. DIRECT the City Clerk to notify all affected appointments of this action in writing; — 5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act Council Member/Agency Member/Authority Board Member Dear asked if there is language in the bylaws or rules that states about rescheduling meetings due to a holiday. Energy and Sustainability Officer Reata Kulcsar responded that when a regular scheduled meeting of the Environmental Commission falls on a holiday that the meeting will be held the following day as stated in the Carson Municipal Code. The Environmental Commission did not meet on January 1, 2025 due to the New Year's Day holiday.

Council Member/Agency Member/Authority Board Member Dear asked staff to make meetings more flexible. Energy and Sustainability Officer Kulcsar responded she will work on language with the City Attorney.

ACTION: The Mayor and City Council took the following actions:

Environmental Commission
Council Member/Agency Member/Authority Board Member Rojas appointed Maribel Peralta as her uncontested appointment to the Environmental Commission.

Human Relations Commission
Mayor/Agency Chairman/Authority Chairman Davis-Holmes removed Hector Calidonio, Alternate 3, from the Human Relations Commission.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested Director Whittiker, Jr. to provide names for consideration of the Youth Members on the Human Relations Commission.

Director Whittiker, Jr. responded in the affirmative.

Youth Commission
Council Member/Agency Member/Authority Board Member Rojas appointed Kayla Homna to the regular position as her uncontested appointment, thereby, creating a vacancy of Alternate 2 on the Youth Commission.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes appointed Lea Macias to the regular position, thereby, creating a vacancy of Alternate 3 on the Youth Commission.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested Director Whittiker, Jr. to provide names for consideration of Alternate 1, Alternate 2, and Alternate 3 on the Youth Commission.

Public Works Commission
Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton appointed Kellie Todd Griffin as his uncontested appointment to the Public Works Commission.

Mobilehome Park Rental Review Board
Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested Director Naaseh to provide her contact information of the Mobilehome Park Owners. Director Naaseh stated staff is still working on a prospective Park Owner Member Alternate 2.

Relocation Appeals Board
Mayor/Agency Chairman/Authority Chairman Davis-Holmes appointed Murphy Witherspoon to the regular position, thereby, creating a vacancy of Alternate 1 on the Relocation Appeals Board.

Motion
It was moved to ratify the Mayor's appointments on the Youth Commission and Relocation Appeals Board and removal on the Human Relations Commission on motion of Mayor Davis- Holmes, seconded by Jim Dear resulting in 5-0-0-0-0.

ORDINANCE SECOND READING (Item 28)

28. CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 24-2417 APPROVING

ECONOMIC DEVELOPMENT BENEFIT AGREEMENT NUMBER TWO WITH SOUTH BAY CARSON, LLC. (CITY COUNCIL)- 8:16 PM

RECOMMENDED ACTION
— CONDUCT a Second Reading by title only and with further reading waived, and ADOPT Ordinance No. 24-2417, “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARSON,

CALIFORNIA APPROVING AN ECONOMIC DEVELOPMENT BENEFIT AGREEMENT NUMBER TWO WITH SOUTH BAY CARSON, LLC.”
— TAKE any action the City Council deems appropriate that is consistent with the requirements of the law.

Motion To Approve submitted by Mayor Lula Davis-Holmes seconded by Dr. Jawane Hilton resulting in 5-0-0-0-0

MEMORIAL ADJOURNMENTS
City Clerk/Agency Secretary/Authority Secretary, Dr. Bradshaw presented the following Memorial Adjournment Requests:

Michael Anthony Ludgood
Usaffe "Sonny" Costa
Nikki Giovanni
Carmen Antes Ablian
Former President Jimmy Carter
Barbara Romano
Charles H. "Chuck" Smith
City/Agency/Authority Treasurer Cooper requested to add Gwen Moore to the Memorial Adjournment Requests.

Director Whittiker, Jr. requested to add Sylvia Smith to the Memorial Adjournment Requests.

Mayor/Agency Chairman/Authority Chairman Davis-Holmes requested to add her cousin to the Memorial Adjournment Requests.

Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton requested to add in prayer the 35,000 people who were evacuated from Pacific Palisades area due to the fires.

City Clerk/Agency Secretary/Authority Secretary, Dr. Bradshaw added her uncle, Rodney Jackson, to the Memorial Adjournment Requests.

Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton gave a prayer.

ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (MEMBERS OF THE

PUBLIC)
This item was heard after Oral Communications for Matters Listed on the Agenda (Members of the Public).

Luz Padua - Non Agenda Item
Requested creation of a Disability Awareness Commission Brandi Lewin - Non Agenda Item
Wished everyone Happy New Year; thanked the City for supporting individuals with disabilities, special needs and developmental disabilities; thanked Director Whittiker, Jr., Recreation Superintendent Tim Grierson, and Community Services Superintendent Bobby Grove for spearheading the therapeutic services; requested establishment of a Disability Awareness Commission

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
None.

ORAL COMMUNICATIONS (COUNCIL MEMBERS)
Council Member/Agency Member/Authority Board Member Dear wished everyone a Happy New Year and looks forward to working together.

Mayor Pro Tempore/Agency Vice Chairman/Authority Vice Chairman, Dr. Hilton wished everyone a Happy New Year and looks forward to a great year and serving the community.

Council Member/Agency Member/Authority Board Member Hicks, Sr. announced/reported the following:

Council Member/Agency Member/Authority Board Member Rojas announced/reported the following:

Mayor/Agency Chairman/Authority Chairman Davis-Holmes announced/reported the following:

Wished everyone a Happy New Year
Thanked the residents for attending the Toy Drive at Triedstone Missionary Baptist Church Shared he was sad to hear the news about Barbara Romano passing Thanked Council Aide Cac Le for keeping him on track during the holiday season while his father was ill
Hosting District 3 and District 4 along with Council Member Rojas a joint Town Hall Meeting on January 23, 2025, at 6:30 P.M. at the Carson Civic Center Wished everyone a Happy New Year
Thanked staff for a great year and look forward to a better year Thanked Senior Council Aide Myeshia Horton and Council Aide Ravynne Staine on their work with the Swearing-In Ceremony

ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY) None.

RECESS TO CLOSED SESSION
None.

RECONVENE TO OPEN SESSION
None.

REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS None.

ADJOURNMENT
The meeting was adjourned at 8:27 P.M. by Mayor/Agency Chairman/Authority Chairman Davis- Holmes.
___________________________________________________
Lula Davis-Holmes
Mayor/Agency Chairman/Authority Chairman
ATTEST:
___________________________________________________
Dr. Khaleah K. Bradshaw
Thanked Senior Council Aide Myeshia Horton, Council Aide Ravynne Staine, and staff on their work with the Swearing-In Ceremony
Wonderful Toy Giveaway at the Carson Community Center and thanked Senior Council Aide Myeshia Horton, Council Aide Ravynne Staine, Carson Citizens Cultural Arts Foundation, and volunteers for their assistance and donations
Thanked staff for their hard work
City Hall will be closed to memorialize former President Jimmy Carter - National Day of Mourning on January 9, 2025
Tribute to Martin Luther King, Jr. Program on Friday, January 10, 2025, at 6:00 P.M. at the Carson Civic Center
City Clerk/Agency Secretary/Authority Secretary
_________________________
Signature

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 12. To: Honorable Mayor and City Council From: Sunny Soltani, City Attorney, Aleshire & Wynder, LLP  Subject: CONSIDER APPROVAL OF RESOLUTION 25-014 TO AUTHORIZE A LEGISLATIVE SUBPOENAFROM THE CITY OF CARSON TO PHILLIPS 66 COMPANY (CITY COUNCIL) I. SUMMARY
This item transmits a request for the City Council to approve Resolution 25-014 to authorize and direct theissuance of a subpoena compelling the production of documents and other information from Phillips 66 Company("Phillips").  Phillips is currently indicted on multiple counts covering various environmental and contamination issues. Approvalof this item would issue a legislative subpoena to Phillips compelling it to produce documents and evidence to aidthe City Council in its independent investigation of the various contamination related matters as detailed in theproposed Resolution and Subpoena.

II. RECOMMENDATION

1. APPROVE the proposed Resolution 25-014 and the associated Legislative Subpoena.

III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.

IV. BACKGROUND
See attached Resolution and Legislative Subpoena.

V. FISCAL IMPACT
None, as this item involves only the approval of the Resolution and Legislative Subpoena.

VI. EXHIBITS

1. Resolution 25-0142. Legislative Subpoena

701 East Carson Street
Attachments
Resolution 25-014
Legislative Subpoena

01007.0609/1041467.3
RESOLUTION 25-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CARSON AUTHORIZING AND DIRECTING THE

ISSUANCE OF A SUBPOENA COMPELLING THE

PRODUCTION OF DOCUMENTS AND OTHER
INFORMATION FROM PHILLIPS 66 COMPANY AND

AUTHORIZING THE MAYOR TO EXECUTE THE SAME

WHEREAS, Government Code §§ 37104 et seq. authorize the City Council to authorize the issuance legislative subpoenas "requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it";

WHEREAS, the City Charter specifies that the City Council may authorize a subpoena to be issued by the Mayor in the City’s name and attested to by the City Clerk (Charter Sec. 311);

WHEREAS, Phillips 66 Company (Phillips) is the owner and operator of a refinery located within City limits that is commonly known as the Los Angeles Refinery Carson Plant (Refinery) located at 1520 E. Sepulveda Boulevard, Carson, California;

WHEREAS, the Refinery is currently subject to environmental supervision by the California Department of Toxic Substances (DTSC) as to certain surface features such as a former Process Water Pond and by the Regional Water Quality Control Board-Los Angeles Region as to certain below surface groundwater features;

WHEREAS, despite this existing regulatory supervision, the U.S. Attorney for the Central District of California announced on November 21, 2024 that a federal grand jury returned a six - count indictment charging Phillips with violating the Clean Water Act by illicitly discharging hundreds of thousands of gallons of industrial wastewater from the Refinery into the Los Angeles County sewer system and failing to report the violations to authorities. The U.S. Attorney filed the case of U.S. v. Phillips 66 Company that same day, with Case No. 2:24-CR-00699-JFW. That case is pending in the U.S. District Court for the Central District of California;

WHEREAS, Phillips is charged with two misdemeanor counts for negligently violating the Clean Water Act and four felony counts for knowingly violating the Clean Water Act;

WHEREAS, the indictment alleges that on November 24, 2020, Phillips discharged approximately 310,000 gallons of non-compliant industrial wastewater, which contained roughly 64,000 lbs. of oil and grease, from the Refinery into the Los Angeles County Sanitation District’s sewer system;

WHEREAS, the indictment further alleges that on February 8, 2021, Phillips discharged approximately 480,000 gallons of non-compliant industrial wastewater, which contained roughly 33,700 lbs. of oil and grease from the Refinery into the Los Angeles County Sanitation District’s sewer system;

WHEREAS, Phillips has separately reported to the Regional Water Quality Control Board for the Los Angeles Region that Phillips has detected the presence of highly toxic and persistent contaminants known as PFAS and PFOS compounds on the Refinery and has, as of April 30, 2024 reported that sampling of surface waters at the Refinery demonstrate the presence of PFAS and PFOA compounds in its surface water at the Refinery;

RESOLUTION NO.

PAGE 2 OF 4

01007.0609/1041467.3

WHEREAS, Phillips in its April 30, 2024 report to the Regional Board on PFAS and PFOA compounds at its Refinery attached its consultant’s Figure 3 showing that the one-mile radius of “sensitive recepto rs” includes part of the Dominguez Channel which runs through a portion of the City and ultimately empties into navigable waters of the United States as reprinted below;

RESOLUTION NO.

PAGE 3 OF 4

01007.0609/1041467.3
WHEREAS, the City of Carson holds the environmental health and safety of its citizens as among its highest continuing priorities;

WHEREAS, the City of Carson desires to assure its citizens that it is conducting an independent investigation and protecting the health and welfare of City residents;

WHEREAS, the issuance of a legislative subpoena pursuant to Government Code § 37104 is proper where (i) it is authorized by ordinance, resolution, or similar enactment, (ii) it serves a valid legislative purpose, and (iii) the witness or material subpoenaed is pertinent to the subject matter pending before the City; and

WHEREAS, pursuant to Government Code § 37105 and the City Charter Section 311 , legislative subpoenas must be signed by the Mayor and attested to by the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY:

SECTION 1. Find and determine that the foregoing recitals are true and correct and adopt the recitals as findings in support of the actions taken herein.

SECTION 2. Issue a legislative subpoena to Phillips compelling it to produce documents and evidence to aid the City Council in its independent investigation.

SECTION 3. Order that the legislative subpoenas issued by this Resolution shall be signed by the Mayor, certified by the City Clerk and shall be in the form provided by the City Attorney that is substantially similar to the proposed form that is attached to this Resolution as Exhibit “A.” The subpoena shall be served upon the subpoenaed part y in the same manner as subpoenas are served in a civil action.

SECTION 4. Declare that failure to comply with the subpoenas issued pursuant to this Resolution shall subject the subpoenaed parties to the remedies set forth in Government Code §§ 37104 et seq., make the person who fails to respond liable for a misdemeanor pursuant to City Charter Section 311, or such other remedies as is provided by law.

SECTION 5. Authorize the Mayor, City Manager, City Clerk and the City Attorney to take all actions necessary to issue, serve and enforce subpoenas authorized pursuant to this Resolution. Said authority includes the issuance of further subpoenas to the subpoenaed pa rties and their officers, employees and agents in furtherance of obtaining appearances for deposition, documents, testimony and/or information that will assist the City, its staff, and attorneys in their efforts to investigate and enforce the Agre ements. Should a witness fail to appear for deposition and/or produce the subpoenaed documents and/or evidence, the Mayor is authorized to report the witnesses' failure to abide by the subpoena to the Superior Court and seek any and all lawful remedies including a ruling holding the subpoenaed witness in contempt.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.

RESOLUTION NO.

PAGE 4 OF 4

01007.0609/1041467.3
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 21st day of January.

__________________________________
ATTEST: Mayor Lula Davis-Holmes

________________________________
City Clerk Dr. Khaleah K. Bradshaw

APPROVED AS TO FORM:

________________________________
City Attorney Sunny K. Soltani

LEGISLATIVE SUBPOENA
(California Government Code §§ 37104 et
seq) and City Charter Section 311
Production Date
Date:

Time:

Place: City of Carson City Hall
701 E. Carson Street, Carson, California
90745
TO: Phillips 66 Company , 2331 CityWest Blvd., Houston, TX 77042 FROM: CITY OF CARSON, CALIFORNIA

1. On January 7, 2025, the Carson City Council adopted Resolution No. _____ authorizing the issuance of this subpoena. A copy of Resolution ______ is attached hereto and incorporated by this reference.

2. YOU ARE ORDERED by the City Council of the City of Carson to appear in person and produce Documents described in Exhibit "1" hereto at the Regular City Council Meeting of the City of Carson ("City") at 701 E. Carson Street, Carson, California 90745, on _____________ 2025, at 6:00 p.m. or at any continued Hearing.

3. You are not required to appear in person and produce the requested Documents IF, by 1:00 p.m. on February 10, 2025, you deliver true, complete, legible, and durable copies of the requested Documents described in Exhibit "1" to:

David C. Roberts, Jr.

City Manager
City of Carson
701 E. Carson Street
Carson, California 90745
with a corresponding electronic copy to:

Sunny K. Soltani,
City Attorney
City of Carson
via email to: [email protected]

4. All Documents produced to the City shall be accompanied by a declaration or affidavit warranting to their authenticity and completeness sufficient to meet the requirements of California Code of Civil Procedure § 2020.430. The City will pay all reasonable documented costs associated IN RE:

CITY OF CARSON

SUBPOENA FOR

PRODUCTION OF BUSINESS RECORDS

with photocopying the requested documents . If the documents currently exist in the form of Electronically Stored Information, then you should produce those documents in either Native format or in PDF format. If costs exceed $1,000.00, please contact City Attorney Sunny K. Soltani at (949) 223-1170 before copying.

5. This subpoena is issued pursuant to California Government Code § 37104 et seq. and City Charter Section 311 and was authorized, at a regularly noticed meeting of the City of Carson City Council.

6. Disobedience of this subpoena will be referred to the Superior Court for enforcement and is punishable as contempt pursuant to California Government Code §§ 37104 et seq and as otherwise provided by law. Should you have any questions regarding this subpoena please contact:

Sunny K. Soltani (SBN 209774)
City Attorney for the City of Carson
Aleshire & Wynder, LLP
1 Park Plaza Unit 1000
Irvine, CA 92614
([email protected])
Date issued: January __, 2025
City Council, City of Carson
BY:

ATTEST:

BY:

Lula Davis-Holmes Dr. Khaleah Bradshaw
Mayor, City of Carson City Clerk, City of Carson

APPROVE AS TO FORM

BY:_________________
Sunny K. Soltani
City Attorney

EXHIBIT "1"

DEFINITIONS
"DOCUMENT" or "DOCUMENTS" as used herein means any writing as that term is defined in California Evidence Code § 250, including, but not limited to, correspondence, communications, recordings, tapes, computer printouts, records, slides, photographs, notes, working papers, analyses, books, agreements, contracts, memoranda, maps, charts, plans, diagrams, shop drawings, specifications, telegrams, telexes and transcriptions, notes of memoranda made by any telephone communications and other communications (which include but are not limited to any letters, electronic mail (“e-mails”), interoffice communications or telegrams). It refers to writings of which you have knowledge, and writings which are in your possession or that of your agents, including your attorneys, or otherwise under your control. "DOCUMENT(S)" also includes each copy of each item produced which is not identical in all respects with, or which contains any notation not appearing on, the item which is required to be produced for inspection and copying pursuant to this request; “YOU” and YOUR” shall mean and include Phillips 66 Company, including your agents, your associates, your employees, and anyone else acting on your behalf. “RELATING TO” shall mean and refer to constituting, concerning, containing, embodying, reflecting, identifying, stating, referencing to, evidencing in any way or being relevant to the subject referenced therein.

REQUESTED DOCUMENTS

1. All DOCUMENTS RELATING TO the announcement made by YOU on October 16, 2024 that YOU intended to close the Los Angeles Refinery located at Carson by fall of 2025.

2. All DOCUMENTS RELATING TO YOUR reports to the South Coast Air Quality Management District (AQMD) concerning 2024 levels of air pollutants emitted by the Los Angeles Refinery at Carson.

3. All DOCUMENTS RELATING TO YOUR reports to the Regional Water Quality Control Board for the Los Angeles Region RELATING TO the Refinery since April 2024.

4. All DOCUMENTS RELATING TO YOUR reports to the LA County Sanitation District relating to discharges from the Refinery to the sewer system operated by the LA County Sanitation District for 2024.

5. All DOCUMENTS RELATING TO YOUR reports to either the Regional Water Quality Control Board -Los Angeles Region or the City of Carson of stormwater discharges from the Refinery to the Municipal Separate Stormwater System (MS4).

6. All DOCUMENTS RELATING TO YOUR reports to the City of Carson of non - stormwater discharges from the Refinery to the MS4.

7. All DOCUMENTS RELATING TO the Land Use Covenant that was recorded in 2013 with respect to certain wastewater ponds and any amendments or modifications to that Land Use Covenant.

8. All DOCUMENTS RELATING TO the current legal title on the Property, including any limitations or exceptions to the legal title.

9. All DOCUMENTS RELATING TO any calculations or air modeling work of the effect of the Refinery closure forecasted in late 2025 upon air emissions after plant closure.

10. ALL DOCUMENTS RELATING TO a current manual or guidance document by YOU RELATED TO environmental, health and safety (EHS) issues at the Refinery.

11. All DOCUMENTS RELATING TO the Notices of Violation issued to YOU by the Los Angeles County Sanitation Districts on or about December 10, 2020.

12. ALL DOCUMENTS RELATING TO the Notices of Violation issued to YOU by the Los Angeles County Sanitation Districts on or about March 2, 2021.

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 13. To: Honorable Mayor and City Council From: Dr. Robert Lennox, Assistant City Manager  Subject: CONSIDER AWARDING A CONTRACT SERVICES AGREEMENT TO Z&K CONSULTANTS, INC.TO DEVELOP A SPECIFIC PLAN FOR THE CARSON CIVIC CENTER AND ADOPT RESOLUTION NO. 25-007AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS,AND AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM TO INCORPORATEPROJECT NO. PW1796 - CARSON CIVIC CENTER REDEVELOPMENT (CITY COUNCIL) I. SUMMARY
The City Civic Center Redevelopment Plan envisions modifying the layout, design, and programming of nearly 20 acres of City owned property.  The current uses include the existing city hall building, adjacent events center, and supporting parking areas.  Initial concepts have included a five-star resort, performing arts theater, potential multi- family housing, interactive museum, teen/innovation center, remodeling of the existing events center, and new City Hall structure with retail opportunities.

A "Notice of Professional Services Procurement Opportunity" for the development of the Carson Civic Center Specific Plan was solicited and closed on November 21, 2024. Carson Municipal Code 2611(c)(3) requires the City send “Notice to a number of potential offerors adequate to permit reasonable competition consistent with the nature and requirements of the procurement.” This notice was sent out to 5 prospective bidders. Z&K Consultants, Inc. was able to meet the project timeline included within the advertised scope of services. No other bidders submitted a proposal.

As such, staff is recommending City Council award and approve a Contract Services Agreement to Z&K Consultants, Inc. for the development of a Carson Civic Center Specific Plan, at a not-to-exceed sum of $550,000.

II. RECOMMENDATION
TAKE the following actions:

1. AWARD and APPROVE a Contract Services Agreement to Z&K Consultants, Inc. for the development of a Carson Civic Center Specific Plan, at a not-to-exceed sum of $550,000 for the contract term; and

2. AUTHORIZE the Mayor to execute the Z&K Consultants, Inc. Contract Services Agreement, following approval as to form by the City Attorney; and

3. ADOPT Resolution No. 25-007 “A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS, AND AMENDING THE 701 East Carson Street
FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM TO INCORPORATE PROJECT NO. PW1796 - CARSON CIVIC CENTER REDEVELOPMENT”
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, subject to compliance with applicable law.

IV. BACKGROUND
City staff has been conceptualizing a revitalization of the Carson Civic Center in efforts to stimulate economic activity, improve regional access, and implement place making that will assist with better branding of the City's central place of business. Staff undertook this planning effort in order to prepare for upcoming major international events including the 2026 FIFA World Cup and the 2028 Olympic and Paralympic Games.  The City of Carson will serve as a venue city for both large scale events that are estimated to bring millions of visitors to the City.

The City Civic Center Redevelopment Plan envisions modifying the layout, design, and programming of nearly 20 acres of City owned property.  The current uses include the existing city hall building, adjacent events center, and supporting parking areas.  Initial concepts have included a five-star resort, performing arts theater, potential multi- family housing, interactive museum, teen/innovation center, remodeling of the existing events center, and new City Hall structure with retail opportunities.

Specifically, the Carson Civic Center Redevelopment Project aims to re-imagine and invigorate the Civic Center as a thriving, inclusive hub that captures the essence of Carson’s unique cultural heritage and vibrant community. This trans-formative initiative envisions a harmonious blend of residential, commercial, and cultural spaces designed to create a dynamic downtown atmosphere, drawing people in at all times of the day and night. Through thoughtful urban design, sustainable planning, and a commitment to accessibility, the project will create a welcoming environment that celebrates Carson’s past while looking toward its future. This revitalized Civic Center will serve as the "heart" of Carson, fostering connections, supporting public events, and establishing a legacy of value and beauty for the community and region.

Create a Vibrant Civic Heart: Reinforce the Civic Center’s identity as the "heart" of Carson by celebrating its history and cultural heritage through thoughtful urban design and engaging programming.

Foster a Dynamic Downtown: Cultivate an energetic downtown environment that attracts both daytime and nighttime visitors. Develop a phased plan that optimally integrates a diverse mix of uses to promote a balanced, vibrant community space.

Utilize Complete Streets Approach: Enhance accessibility and connectivity by designing Carson Boulevard and surrounding streets with a complete streets approach, balancing pedestrian, cyclist, and vehicle needs.

Integrate ample parking to support all Civic Center facilities.

Establish a Regional Hub for Events and the Arts: Position downtown Carson as a magnet for large-scale public events, with a regional arts and recreation center that complements the Carson Civic Center and attracts both locals and visitors.

Build a Landmark Resort Hotel: Develop a high-rise resort hotel on a prominent 4.3-acre site visible from the I-405 Freeway, establishing it as a key destination within the new Civic Center area.

Expand Residential and Cultural Facilities: Construct a multi-story mixed-use residential building, a performing arts center, and an interactive museum to enrich the civic and cultural offerings of the community.

Revitalize City Hall: Transform City Hall with a multi-story mixed-use building to enhance its functionality and integrate seamlessly with the surrounding urban landscape.

Enhance the Community/Event Center: Modernize the Carson Community and Event Center, including the addition of an amphitheater to support a range of public performances and gatherings.

It is staff's recommendation to fully entitle the civic center campus to ensure that future development is completed to city standards and aligns with the goals and objectives of the General Plan and City Council.  To that end, staff suggests developing the Civic Center Specific Plan to include all necessary preliminary elements of entitlement:

Civic Center Specific Plan
Architecture & Planning
Landscape Design
Traffic Study
Civil Engineering
Environmental Study
Economic/Finance Review
Programming of Civic Facilities
Concept Architectural Design of Civic Facilities
Cost Estimation for Civic Facilities
Preparation of CEQA Documentation
A "Notice of Professional Services Procurement Opportunity" for the development of the Carson Civic Center Specific Plan was solicited and closed on November 21, 2024. Carson Municipal Code 2611(c)(3) requires the City send “Notice to a number of potential offerors adequate to permit reasonable competition consistent with the nature and requirements of the procurement.” This notice was sent out to 5 prospective bidders. Z&K Consultants, Inc. was able to meet the project timeline included within the advertised scope of services. No other bidders submitted a proposal.

As such, staff is recommending City Council award and approve a Contract Services Agreement to Z&K Consultants, Inc. for the development of a Carson Civic Center Specific Plan, at a not-to-exceed sum of $550,000.

V. FISCAL IMPACT
On May 21, 2019, the City of Carson and Marathon Petroleum entered into a Beautification Agreement that required Marathon to implement aesthetic enhancements around the refinery perimeter. City Management had determined that Marathon had provided sufficient improvements to the surrounding areas of the property and on December 18, 2024, City Council approved a Mutual Termination Agreement that authorized Marathon to provide an “in-lieu” fee in the amount of One Million Seven Hundred and Fifty Thousand Dollars ($1,750,000.00) to complete its obligations to implement the beautification. Staff is requesting an allocation of $550,000.00 from the recent in-lieu payment (a budget amendment from the General Fund Reserve) to fund the proposed design and planning phase of Capital Improvement Project No. PW1796 - Civic Center Redevelopment, as outlined in Resolution No. 25-007 (Exhibit 2).

VI. EXHIBITS

1. Z&K Consultants, Inc. Contract Services Agreement

2. Resolution No. 25-007 - Budget Amendment

3. Amended FY24/25 CIP

Attachments
Exh 1 - Contract with Z_K Consultants (Civic Center SP)(1037800.1).pdf Exh 2 - Resolution No. 25-007.pdf
Exh 3 - 5-Year CIP Update 1-6-2025.pdf

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF CARSON
and
Z & K CONSULTANTS, INC.

01007.0001/644685.1 -1-

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF CARSON AND
Z & K CONSULTANTS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ____________________, 2025 by and between the CITY OF CARSON, a California municipal corporation (“City”) and Z & K CONSULTANTS, INC., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids seeking proposals for Professional Services – City of Carson Civic Center Specific Plan, dated November 7, 2024, for the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services 01007.0001/644685.1 -2-
described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such 01007.0001/644685.1 -3-
damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Fifty Thousand Dollars and Zero Cents ($550,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 01007.0001/644685.1 -4-

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts . Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
01007.0001/644685.1 -5-
ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Crystal Fraire, PE President
(Name) (Title)
01007.0001/644685.1 -6-
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Robert Lennox, Ed.D., Assistant City Manager, or as otherwise designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, Zack Faqih, PE Vice President
Brittany Duhn, PE Project Manager

01007.0001/644685.1 -7-
compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement, with Employer’s Liability insurance coverage limits of at least $1,000,000.00. (c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability 01007.0001/644685.1 -8-
insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits . Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certi ficates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply 01007.0001/644685.1 -9-
with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond gua ranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which t he Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, CF
01007.0001/644685.1 -10-
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or e ntity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreemen t, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk 01007.0001/644685.1 -11-
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of 01007.0001/644685.1 -12-
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions 01007.0001/644685.1 -13-
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01007.0001/644685.1 -14-

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) day s’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pur suant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 01007.0001/644685.1 -15-

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be grante d, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financi al interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 01007.0001/644685.1 -16-

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
01007.0001/644685.1 -17-

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
CF
01007.0001/644685.1 -18-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[rjl]
CONSULTANT:

Z & K CONSULTANTS, INC.
a California corporation
By:

Name:

Title:

By:

Name:

Title:

Address: 17130 Van Buren Blvd., Suite 122
Riverside, California 92504
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RU LES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Crystal Fraire, PE
President
Zack Faqih, PE
Vice President

01007.0001/644685.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES
___________________________________ DATE OF DOCUMENT
___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0001/644685.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES
___________________________________ DATE OF DOCUMENT
___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01007.0001/644685.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

The Carson Civic Center Redevelopment Project aims to reimagine and invigorate the Civic Center as a thriving, inclusive hub that captures the essence of Carson’s unique cultural heritage and vibrant community. This transformative initiative envisions a harmonious blend of residential, commercial, and cultural spaces designed to create a dynamic downtown atmosphere, drawing people in at all times of the day and night.

Through thoughtful urban design, sustainable planning, and a commitment to accessibility, the project will create a welcoming environment that celebrates Carson’s past while looking toward its future. This revitalized Civic Center will serve as the "heart" of Carson, fostering connections, supporting public events, and establishing a legacy of value and beauty for the community and region.

A. Create a Vibrant Civic Heart: Reinforce the Civic Center’s identity as the "heart" of Carson by celebrating its history and cultural heritage through thoughtful urban design and engaging programming.

B. Foster a Dynamic Downtown: Cultivate an energetic downtown environment that attracts both daytime and nighttime visitors. Develop a phased plan that optimally integrates a diverse mix of uses to promote a balanced, vibrant community space.

C. Utilize Complete Streets Approach: Enhance accessibility and connectivity by designing Carson Boulevard and surrounding streets with a complete streets approach, balancing pedestrian, cyclist, and vehicle needs. Integrate ample parking to support all Civic Center facilities.

D. Establish a Regional Hub for Events and the Arts: Position downtown Carson as a magnet for large-scale public events, with a regional arts and recreation center that complements the Carson Civic Center and attracts both locals and visitors.

E. Build a Landmark Resort Hotel: Develop a high -rise resort hotel on a prominent

4.3-acre site visible from the I-405 Freeway, establishing it as a key destination within the new Civic Center area.

F. Expand Residential and Cultural Facilities: Construct a multi-story mixed-use residential building, a performing arts center, and an interactive museum to enrich the civic and cultural offerings of the community.

G. Revitalize City Hall: Transform City Hall with a multi-story mixed-use building to enhance its functionality and integrate seamlessly with the surrounding urban landscape.

H. Enhance the Community/Event Center: Modernize the Carson Community and Event Center, including the addition of an amphitheater to support a range of public performances and gatherings.

01007.0001/644685.1 A-2

01007.0001/644685.1 A-3

01007.0001/644685.1 A-4

01007.0001/644685.1 A-5

01007.0001/644685.1 A-6
City Responsibilities
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Draft Specific Plan

01007.0001/644685.1 A-7
B. Final Specific Plan
C. Civic facilities program
D. Concept architectural designs of civic facilities
E. Construction estimated cost report
F. CEQA documents
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

As requested by the City’s Contract Officer.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Amer Jakher, PE, Senior Project Manager
B. Brittany Duhn, PE, Project Manager
C. Gruen Associates, architecture and planning, landscape architecture, and renderings (subconsultant)
D. Iteris, Inc., traffic services (subconsultant)
E. KPFF Consulting Engineers, civil engineering services (subconsultant) F. Terry A. Hayes Associates Inc., environmental services (subconsultant) G. Land Econ Group, economic/finance services (subconsultant) H. Theatre DNA Creative, performing arts consultant services (subconsultant) I. Leland Saylor Associates, cost estimator services (subconsultant)

01007.0001/644685.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(additions shown in bold italics, deletions shown in strikethrough font) I. Section 1.2 (Consultant’s Proposal) is hereby amended to read in its entirety as follows:
“1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s proposal titled “City of Carson Proposal for Carson Civic Center Specific Plan” dated November 21, 2024, scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein (the “Proposal”). In the event of any inconsistency between the terms of the such Pproposal and this Agreement, the terms of this Agreement shall govern.”
II. Section 4.5 (Prohibition Against Subcontracting or Assignment) is hereby amended to read in its entirety as follows:
“4.5 Prohibition Against Subcontracting or Assignment
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, with the exception of the subcontractors identified in the immediately following sentence, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. The subcontractors City has consented to are as follows:
i. Gruen Associates, which will provide services for architecture and planning, landscape architecture, and renderings;
ii. Iteris, Inc. for traffic services;
iii. KPFF Consulting Engineers for civil engineering services; iv. Terry A. Hayes Associates Inc. for environmental services; v. Land Econ Group for economic/finance services;
vi. Theatre DNA Creative for performing arts consultant services; and vii. Leland Saylor Associates for cost estimator services.

In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty

01007.0001/644685.1 B-2
five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.”

01007.0001/644685.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

The fees will be invoiced monthly based on the percentage of work completed for each task. The fee is not inclusive of reimbursable expenses such as document reproduction, millage, delivery services and other expenses incurred for the benefit of the project.

Reimbursable expenses will be invoiced at their cost to Consultant plus 10%.

Reimbursable expenses are not to exceed $24,199.65.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services and reimbursable expenses shall not exceed $550,000.00 as provided in Section 2.1 of this Agreement.

01007.0001/644685.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Resolution No. 25-007

Page 1 of 2 ends

RESOLUTION NO. 25-007

A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING
THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND

AND SPECIAL REVENUE FUNDS, AND AMENDING THE
FISCAL YEAR 2024 -25 CAPITAL IMPROVEMENT PROGRAM
TO INCORPORATE PROJECT NO. PW1796 - CARSON CIVIC

CENTER REDEVELOPMENT

WHEREAS, the City Council adopted the City’s Fiscal Year (FY) 2024-25 budget on June 18, 2024 via Resolution No. 24-056; and

WHEREAS, the City Council has determined it necessary to amend the FY2024- 25 General Fund budget and Special Revenue Funds budget to allocate the “In-Lieu” funding paid by Marathon (Tesoro) for the Mutual Termination of the Community Beautification Agreement; and

WHEREAS, the City Council has determined it necessary to amend the FY2024- 25 Capital Improvement Program to incorporate a new project identified to be funded by the “ In- Lieu” fees payment; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The following amendment(s) will be made to the City’s FY2024-25 budget:

Account Division/Object Description Increase/(Decrease) Fund 3601 General Fund Reserve ($550,000.00)
101-99-999-904-6004 -PW1796 Professional Services – PW1796 $550,000.00

Section 2. The following amendment(s) will be made to the City’s FY2024-25 Capital Improvement Program:

Add Project No. PW1796 – Carson Civic Center Redevelopment

Resolution No. 25-007

Page 2 of 2 ends

Section 3. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY 2024- 25 budget on file, and effective as of January 21, 2025, the same shall be in force and effect.

PASSED, APPROVED, and ADOPTED this 21st day of January 2025.

APPROVED AS TO FORM:

_______________________
Sunny K. Soltani, City Attorney
CITY OF CARSON:

__________________________
Lula Davis-Holmes, Mayor

ATTEST:

__________________________
Dr. Khaleah K. Bradshaw, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF CARSON )

I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-007 adopted by the City of Carson City Council at its meeting held on January 21, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_____________________________
Dr. Khaleah K. Bradshaw, City Clerk

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,500,000 -$ -$ -$ -$ 2, 4 COOP - Fund 284 $4,696 2, 4 Measure M PS&E - Fund 283
$0 3,500,000$ -$ -$ -$ 2, 4 DIF Traffic (4941) $0 -$ -$ -$ -$ 4 Gas Tax - Fund 212 $0 Measure R
$12,460,709 -$ -$ -$ -$ 2 OGALS - Fund 268 $10,436,995 -$ -$ -$ -$ 2 General Fund $872,283 -$ -$ -$ -$ 2 DIF $190,000 $ - $ - $ - $ - 1, 2, 3, 4 Measure R - Fund 254 $0 $ - $ - $ - $ - 1, 2, 3, 5 Measure M - Fund 281 1 Construction PW1411-4 Roadways Main Street Concrete Improvement from Carson St to Victoria
Annual concrete program - Main Street: Carson to Victoria. Concrete reconstruction, tree removal and replacement, repair of damagesidewalk, driveway approaches, curbs and gutter, access ramps to meet the requirements of ADA.

CC Previously Approved
Projects $ 500,000 $0 $ - $ - $ - $ - 0 Measure M - Fund 281 1 Construction PW1515 Stormwater Carson Stormwater Capture Facility at Carriage Crest Park
Compliance Project - Stormwater chambers under baseball field to divert stormwater into LA County Sanitation District's Regional & Water Pollution Control Plant
CC Previously Approved
Projects 22,110,713$ $500,000 -$ -$ -$ -$ 2 Measure W **Carriage Crest Park Expansion
and Improvement Project
Refurbish main building facility and develop the additional 10 acres leased from Sanitation District. The project will include extending existing parking lot, adding new parking lot, Dog park, and remote restroom on South East end of property. New
playground, outdoor fitness equipment area, new athletic ball fields with Security lights, upgrades to existing basketball courts, and general site improvements including walking/jogging loop (Prop 68-$13M) +($3.3M General Fund) 1
CC Previously Approved
Projects 23,468,092$
Main Street Improvement from Carson
St to Victoria
Citywide Annual Overlay Program - Main Street - Carson to Victoria. The project includes grinding existing asphalt pavement and overlay with ARHM to extend life of the pavement. 1
CC Previously Approved
Projects $ 3,600,000
Sepulveda Blvd -Widening
The project involves widening and improvement of the roadway and bridge along Sepulveda Blvd to provide three lanes of traffic in both directions, construction of new sidewalk, relocation of existing electrical poles, and modification of existing traffic signal. 1
CC Previously Approved
Projects 14,500,000$
Roadways Wilmington /I-405 Fwy Interchange
Installation of improvements needed to provide easy access to the existing pull boxes located under the existing bridge necessary to maintain the traffic signall at the intersection of 223rd and Wilmington. 1
CC Previously Approved
Projects 300,000$
PW0675 Roadways1 Construction
1 Construction PW0919
1 Construction PW1368 Parks
Roadways1 Construction PW1393-4
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 1

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $4,250,000 -$ -$ -$ -$ 4 OGALS $800,000 -$ -$ -$ -$ 4 DIF $7,750,000 -$ -$ -$ -$ 4 General Fund 1 Construction PW1614 Traffic Traffic Signal Installation - Del Amo Bl at Stamps Dr
Traffic signal installation at intersection of Del Amo and Stamps - The project includes the installation of complete traffic signal system on all three legs of intersection. The project will improve safety for pedestrians and vehicles coming in and out of the residential community located on the northside of Del Amo. It will also serve the patrons of the future commercial development located on the south side of Del Amo.

CC Previously Approved
Projects 1,200,000$ $20,000 1,180,000$ -$ -$ -$ 1 DIF Traffic (4941) 1 Construction PW1630 Parks **Anderson Park Electrical Panel- Design and Construction
Replace and upgrade main electrical switch gear and lighting control panel. (Combined PW1630 & PW1671)
CC Previously Approved
Projects $ 75,000 $75,000 $ - $ - $ - $ - 3 Park Development (Quimby Fund 216) 1 Construction PW1632 Buildings Community Center Coiling Wall & Seismic Analysis
Repair coiling wall at Community Center Main Hall - Seismic Analysis
CC Previously Approved
Projects $ 1,484,000 $1,484,000 $ - $ - $ - $ - 4 General Fund $145,000 -$ -$ -$ -$ 3 RMRA (SB1) - Fund 288 $161,000 General Fund
1,707,575$ $1,707,575 -$ -$ -$ -$ 1, 2, 3, 4 Load Shed - Fund 246 1,680,494$ $0 -$ -$ -$ -$ 1, 2, 3, 5 Park Development (Quimby) - Fund 216 $1,680,494 -$ -$ -$ -$ 1, 2, 3, 6 DIF: Park & Related Facilities (4942) $322,350 1,200,000$ -$ -$ -$ 1, 2, 4 HSIP - Fund ? $0 -$ -$ -$ -$ 1, 2, 5 DIF Transportation (4945) $877,650 -$ -$ -$ -$ 1, 2, 6 DIF MBK Traffic - Fund 291 $1,865,000 1,865,000$ -$ -$ -$ 1, 2, 3, 4 Measure R, MTA Award in July 21'
2,400,000$
1 Construction PW1657 Traffic
*Traffic Signal Upgrades (M312.41 and
M312.46) - Figueroa St at 234th St,
Figueroa St at 223rd St, Figueroa St at
Victoria St/190th St, Main St at 220th
St, Main St at Albertoni St, and Main St
at Victoria St
Traffic Signal Upgrades at 6 Intersections - Figueroa St at 234th St, Figueroa St at 223rd St, Figueroa St at Victoria St/190th St, Main St at 220th St, Main St at Albertoni St, and Main St at Victoria St
Pending MTA's fuding agreement for construction
CC Previously Approved
Projects 3,730,000$
*Athletic Field and walking path
replacement Lighting -LED
Upgrade athletic field lights to central control lighting system and convert the existing lights to LED - All Parks (Construction to began at Calas Park 3/23) CC Previously Approved
Projects
PW16491 Construction Traffic
Traffic Signal Intersection Upgrades -
Avalon Blvd at Victoria, Main St at
Sepulveda, Main St at 223rd St, and
Figueroa St at Torrance Blvd
Traffic Signal Upgrades at 4 Intersections - Avalon Blvd at Victoria, Main St at Sepulveda,Main St and 223rd St, Figueroa St at Torrance Blvd) CC Previously Approved
Projects
1 Construction PW1648 Parks
**Foisia Park Design and
Construction
Design - Various upgrades to park facility. Competitave Grant and the award of funding will be available withing the next 3-4 months. Prop 68 1
CC Previously Approved
Projects 12,757,062$
Del Amo Blvd Rehabilitation - Central
to Wilmington
Del Amo Blvd rehabilitation - Central to Wilmington. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps. CC Previously Approved
Projects 3,500,000$ Roadways
Parks1 Construction PW1610
1 Construction PW1642
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 2

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 Measure M
1 Construction PW1662 Buildings City Hall Renovation (HVAC & Roof) Upgrade hvac & roof at city hall and community center CC Previously Approved Projects 6,612,971$ $350,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 $150,000 -$ -$ -$ -$ 1 DIF Traffic (4941) $350,000 Measure M Grant
$1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 General Fund $0 -$ -$ -$ -$ 1, 2, 3, 5 1 Construction PW1676 Stormwater
City of Carson Stormwater Green
Street Engineering, Design &
Implementation (Gardena & Main
Street)
Compliance to the RWQCB stormwater - Includes engineered systems, permeable pavements & nature-based systems. The goal is to comply with regulations.

CC Previously Approved
Projects $ 3,000,000 $500,000 $ 2,500,000 $ - $ - -$ 1, 2, 3, 4 Measure W - Fund 295 $0 $ - $ - $ - -$ 1, 2 Local: Quimby $0 $ - $ - $ - -$ 1, 2 DIF Utilities & Sustainability (4946) 1 Construction PW1687 Roadways Carson Street Intelligent Transportation System (ITS) Project
Installation of new fiber cables, the installation of 100' conduit gap across Main Street, CCTV cameras, hardware, software, and other elements that improve traffic flow on Carson Street from the 405 Fwy to Figueroa CC Previously Approved
Projects 700,000$ $700,000 -$ -$ -$ -$ 2 Measure M Grant $500,000 500,000$ -$ -$ -$ 1, 4 Measure R - Fund 254 $0 Measure M - Fund 281
1 Construction PW1691 Roadways Avalon Street Rehabilitation Avalon Blvd. Street Rehabilitation from Carson St. to 223rd Street. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

CC Previously Approved
Projects 4,500,000$ $0 4,500,000$ -$ -$ -$ 1, 2, 3, 4 UNFUNDED $1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 SCE Charge Ready $0 -$ -$ -$ -$ 1, 2, 3, 5 DIF Utilities & Sustainability (4946) 1 Construction PW1694 Roadways *Bridge Maint Repair - Various Locations
Maintenance repair on vehicular bridges (20) per recommendation on the inspection report completed by Caltrans and LA County.

CC Previously Approved
Projects 1,778,705$ $1,778,705 -$ -$ -$ -$ 1, 2, 3, 4 General Fund $550,000 -$ -$ -$ -$ 3 DIF: Park & Related Facilities (4942) $1,307,000 -$ -$ -$ -$ 3 General Fund 1,500,000$ 1 Construction PW1693 Buildings ****Electric Vehicle Charging Infrastructure
Install 128 EV Chargers in City Parks. At City Hall install EV Charger infrastructure and charging equipment. SCE Charge Ready Program - Assume SCE will cover all infrastructure.

CC Previously Approved
Projects
1 Construction PW1718 Parks **Anderson Park Concrete
Repair
Limited accessibility upgrades compliance. Concrete
reconstruction, asphalt concrete pavement reconstruction, new curbs, steps, and added walkways.

CC Previously Approved
Projects 1,857,000$
$ 20,000
1 Construction PW1688 Roadways
Traffic Signal Synchronization Project
(TSSP) - Avalon Bl from 126th St to
Sepulveda Bl
Traffic signal synchronization at intersection (Total of 21 TSSP) along Avalon Bl from 126th St to Sepulveda Bl
CC Previously Approved
Projects 1,000,000$
1 Construction PW1683 Buildings Park Gym Lighting - Stevenson & Vets Replace gym and office lighting to led fixtures at both gyms (2 at Vets and Stevenson)
CC Previously Approved
Projects
500,000$
1 Construction PW1674 Parks **Security Cameras Install tamper proof security cameras at parks. Work on broadband requirements. (Johnson Contols)
CC Previously Approved
Projects 7,351,975$
1 Construction PW1667 Traffic *Upgrade existing traffic signal - Avalon Bl at Gardena Bl
Traffic Signal Upgrade to include addition of left turn phase on north and south bound direction of Avalon Blvd.

CC Previously Approved
Projects
1 Construction PW1657 Traffic
*Traffic Signal Upgrades (M312.41 and
M312.46) - Figueroa St at 234th St,
Figueroa St at 223rd St, Figueroa St at
Victoria St/190th St, Main St at 220th
St, Main St at Albertoni St, and Main St
at Victoria St
Traffic Signal Upgrades at 6 Intersections - Figueroa St at 234th St, Figueroa St at 223rd St, Figueroa St at Victoria St/190th St, Main St at 220th St, Main St at Albertoni St, and Main St at Victoria St
Pending MTA's fuding agreement for construction
CC Previously Approved
Projects 3,730,000$
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 3

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $65,093 -$ -$ -$ -$ 1, 2 DIF Traffic (4941) $1,086,368 Measure R
$2,348,539 Measure M
$9,000,000 -$ -$ -$ -$ 4 General Fund $1,000,000 DIF: Park & Related Facilities (4942)
1 Construction PW1729 Buildings City Hall Interior Lights Upgrade Remove and Replace existing interior lights and replace with LED.

CC Previously Approved
Projects 150,000$ $150,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 1 Construction PW1730 Buildings EV Chargers at Community Center West Wing
Install EV Charger Level 3 infrastructure and charging equipment at Community Center West Wing
New Project 288,341$ $44,000 -$ -$ -$ -$ 4 DIF Utilities & Sustainability (4946) 1 Construction PW1731 Buildings EOC/Basement Renovations Modify CY facility to accommodate for all upgrades required CC Previously Approved Projects 6,506,000$ $6,506,000 4 Geneal Fund
1 Construction PW1763 Roadways Citywide Slurry Seal
Citywide Slurry Seal Project CC Previously Approved
Projects 3,500,000$ $418,155 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 1 Construction PW1773 Roadways CATCP

CARSON ACTIVE TRANSPORTATION AND COMMUNITY CONNECTIVITY PLAN (CATCP) Transportation studies and planning work to develop the CAT-CP to bring safety and connectivity to the disadvantaged communities of Carson.

New Project
405,000$ $301,344 -$ -$ -$ -$
1, 2, 3, 4 Grant SB-1
10,000,000$ 1 Construction PW1726 Buildings Community Center Courtyard (West) & Community Center East Parking Lot
Redesign/Upgrade Courtyard area. Outdoor entertainment - Although used occasionally by the public, the West courtyard and garden area of the Community Center it is not optimized for reservations in private events. The project proposes redesigning to include a raised Amphitheatre stage, large shade sales , open grass and concrete seating areas , and enclosed fenced perimeter to accommodate private rentals. Additional lighting , sound , and landscape amenities will also be included. Redesign Parking lot island in front of East entrance - With the addition of a mobile stage for large scale citywide special events come on the east parking lot of the Community Center is in need of modification to allow for easy set up and orientation of the stage to accommodate better visibility and access by the community.

Parking lot adjustments will include the full or partial elimination of a single parking lot planter and associated landscape adjustments. The resulting design will allow for the stage to be erected at the east entrance of the Community Center with the stage facing toward the east.

New Project
1 Construction PW1722 Roadways 213th St Street Improvement (Avalon to Main)
213th St. Improvement from Avalon to Main. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

Maintenance 3,500,000$
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 4

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source 1 Construction PW1784 Roadways Traffic Signal Modification Traffic Signal modification at Central Avenue and University Drive: Install left turn arrows on all approaches at the intersection of Central Avenue and University Drive.

New Project - Unapproved
600,000$ $600,000 -$ -$ -$ -$ DIF Transportation (4945) 1 Construction PW1786 Buildings City Hall Bathroom and
Kitchenette Renovations
Renovating all City Hall restrooms and upgrading to current Americans with Disabilities Act standards and applicable California Building Codes.

CC Previously Approved
Projects 1,697,000$ $1,697,000 -$ -$ -$ -$
4 General Fund
1 Construction PW1787 Buildings CH Lobby Carpet Replacement Replacing the carpet and base of the 2nd floor of city hall, 1st floor lobby, and stair access corridor adjacent to the City Clerks office. The project also includes resurfacing the concrete bands throughout the 1st floor.

New Project - Unapproved
150,000$ $150,000 -$
-$
4 DIF Gov Facilities (4944)
1 Construction PW1790 Buildings
Community Center Lighting and AV
Equipmeny Upgrade
Upgrade existing lighting and AV equipment at Community Center Main Hall. New Project - Unapproved 1,200,000$ $0 1,200,000$ 4 UNFUNDED- HIGH Priorty 1 Construction PW1794 Buildings Council Chambers AV & Lighting Upgrade AV & Ligting equipment in the Council Chambers New Project 600,000$ $600,000 PEG $183,859 OGALS
$2,189,854 General Fund
$552,333 $ 4,704,667 $ - $ - -$ 1, 2, 3, 4 Metro $403,000 $ 806,000 HSIP
$134,400 $ 644,500 $ - $ - -$ 1, 2, 3, 4 DIF Transportation (4945) $0 $ 510,100 DIF Traffic (4941) $0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $148,800 $594,667 $ 4,789,333 $ - $ - -$ 1, 2, 3, 4 Metro $376,333 $ 752,667 HSIP
$125,600 $ 631,900 $ - $ - -$ 1, 2, 3, 4 DIF Traffic (4941) $0 $ 507,500 DIF Transportation (4945) $0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $139,100; $939,464 $ - $ - $ - -$ 3, 4 MTA Grant $0 $ - $ - $ - -$ 3, 4 TDA Article 3;) $0 $ - $ - $ - -$ 3, 4 DIF Transportation (4945) $0 $ 8,060,536 $ - $ - -$ 3, 4 General Fund 2 Design PW1534 Bikeways Active Transporation Program - Santa Fe Bike Lane
Design and construction 1.5 mile bike lane along Santa Fe Ave between Del Amo Bl and Warnock Wy (Metro Funded) Upgrade of curb ramps citywide.

CC Previously Approved
Projects 3,451,000$ $300,000 3,151,000$ -$ -$ -$ 3 ATP Cycle 6 $ 7,778,000
2 Design PW1490 Bikeways Dominguez Channel Bike Path I
Bike path installation along Dominguez Channel from Main St to Avalon Blvd.

Its construction also includes the bridge over the ravine to continue the alignment to Avalon Boulevard
CC Previously Approved
Projects $ 9,000,000
2 Design PW1452 Bikeways
Bike Lane Installation - 223rd St,
Avalon Bl, Central Ave, Del Amo Bl,
and University Dr
Design and construction of bike lanes on 223rd St, Avalon Bl, Central Ave, Del Amo Bl, and University Dr including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects
2 Design PW1451B Bikeways Bike Lane Installation - Carson St, Figueroa, Main St, and Victoria St
Design and construction of 14.6 mile bike lanes on Carson St, Figueroa, Main St, and Victoria St, including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects $ 7,755,000
1 Construction PW1795
Parks
Mills Park Rec Center
Renovation
Upgrades and Improvements to the Recreation Center at Mills Park New Project
3,000,000$
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 5

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $334,527 -$ -$ -$ -$ 1 MTA Call for Projects, PROP A, Measure
M, Net Toll Revenue; ; DIF MBK Traffic or
Shuttle
$189,791 DIF Traffic (4941)
$1,069,486 $ - $ - $ - -$ 1, 4 MTA Grant $0 $ - $ - $ - -$ 1, 5 TDA Article 3 $0 $ - $ - $ - -$ 1, 6 DIF Transportation (4945) $0 $ 4,430,514 $ - $ - -$ 1, 7 General Fund 2 Design PW1608 Roadways MLK Blvd Improvements
Reconstruction of Martin Luther King Blvd. The project includes removal and replacement of existing native soil and aggregate base to reconstruct roadway section per current City Standard.

CC Previously Approved
Projects 10,000,000$ $0 10,000,000$ -$ -$ -$ 1 UNFUNDED $100,000 500,000$ -$ -$ -$ 1 Measure R Grant $0 -$ -$ -$ -$ 1 DIF Transportation (4945) 2 Design PW1613 Traffic Traffic Signal Installation - Main St at Lenardo Dr
Traffic signal installation at intersection - Main St and Lenardo Dr CC Previously Approved Projects $ 400,000 $400,000 $ - $ - $ - -$ 1, 2 Measure MR-MM Bonds - Fund 256 2 Design PW1615 Traffic Traffic Signal Installation - Lenardo Dr at Stamps Dr
Traffic signal installation at intersection - Lenardo Dr and Stamps Dr CC Previously Approved Projects $ 600,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds - Fund 256 2 Design PW1616 Traffic Traffic Signal Installation-3 Driveways - Lenardo Dr at FOLA Driveways
Traffic signal installation at intersection - Lenardo Dr and FOLA Driveways CC Previously Approved Projects $ 1,500,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds and/or DIF Transportation (4945)
2 Design PW1617 Roadways Lenardo Drive Construction of new roadway to serve the 157 acre site development CC Previously Approved Projects 19,000,000$ $5,000,000 14,000,000$ -$ -$ -$ 1 Measure MR-MM Bonds - Fund 256 $0 $ 2,200,000 $ - $ - -$ 2, 4 Measure R $0 $ - $ - $ - -$ 2, 4 Measure M 2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5)
CC Previously Approved
Projects $0 $ - $ - $ - -$ 2, 4 DIF Traffic (4941) 2 Design PW1624 Roadways Figueroa Street Improvement -
Torrance to 223rd
Figueroa Street Improvement - Torrance to 223rd. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

CC Previously Approved
Projects 2,000,000$ $0 2,000,000$ -$ -$ -$ 2 Measure M and/or R $4,020,400 -$ -$ -$ -$ 3 County Park Open Space/Measure A
$0 DIF: Park & Related Facilities
(4942)
$0 Park Development (Quimby Fund
216)
3,445,254$ 2 Design PW1636 Parks **Mills Park Renovations Install new shade structure over picnic shelters and outdoor exercise equipment, Construct Unisex restrooms (pre-fabrication) for public use, monument sign, wading pool demo - Per Capita Grant
CC Previously Approved
Projects
600,000$
2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5) CC Previously Approved
Projects $ 2,200,000
2 Design PW1612 Traffic *Traffic Signal Installation- Broadway and Griffith
Traffic signal installation at Broadway and Griffith
CC Previously Approved
Projects
524,318$
2 Design PW1600 Bikeways Dominguez Channel Bike Path II Bike path installation along Dominguez Channel from Avalon to Carson St CC Previously Approved
Projects $ 5,500,000
2 Design PW1536 Roadways Rapid Bus Priority System
Purchase and installation of bus shelters to improve the bus stops at 10 locations along Avalon Blvd and along Victoria Street within the vicinity of the Dignity Health Sports Park and CSUDH campus. The improvement involves covered bus shelters that are illuminated by solar powered batteries, installation of bike racks, repairs of adjacent sidewalks, and wayfinding signage. CC Previously Approved
Projects
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 6

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 1,019,181$ -$ -$ -$ 1, 2, Measure R - Fund 254 $0 740,819$ DIF Transportation (4945) $0 1,760,000$ Metro Expresslane NetToll Revenue Grant 2 Design PW1671 Parks **Dolphin Park Electrical Panel
Upgrade - design and Construction
Replace and upgrade electrical panels and lighting control for field lights. (Combined PW1671 & PW1630)
CC Previously Approved
Projects $ 100,000 $0 $ - $ - $ - -$ 3 Park Development (Quimby) - Fund 216 2 Design PW1681 Parks Pool Building Shelter Cover Provide covering over open slots in the locker rooms to prevent debries and water from entering (Carson & Foisia pool)
CC Previously Approved
Projects 50,000$ $0 50,000$ -$ -$ -$ 1, 4 Local: Quimby 2 Design PW1682 Stormwater Stormwater Master and
Implementation Plan
Create a comprehensive Stormwater Implementation Plan to inform strategic stormwater capital planning, maintenance, operations, and program management in the City. The plan must consolidate municipal stormwater quality compliance; targeted drainage and flood improvements; operations, maintenance, and non-structural program management; and financial strategy (government grants, regional programs and partnerships, City funds if required, General Fund and Safe, Clean Water Program) into one guiding program.

CC Previously Approved
Projects 1,364,143$ $165,000 -$ -$ -$ -$ 0 Measure W - Fund 295 2 Design PW1684 Parks Wading Pool Demo Demolition of wading pools at Anderson, Calas, Veterans CC Previously Approved Projects 100,000$ $100,000 -$ -$ -$ -$ 2, 3 Local: Quimby, County Pk, DIF $0 $ - $ - $ - -$ 1 DIF: Park & Related Facilities (4942) Park Development (Quimby Fund 216)
$0 DIF: Park & Related Facilities (4942)
$0 $ 1,000,000 $ - $ - -$ 1 Park Development (Quimby Fund 216) 2 Design PW1710 Roadways Walnut St rehabilitation (Avalon to Central)
Walnut St rehabilitation from Avalon to Central. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

CC Previously Approved
Projects 3,900,000$ $0 3,900,000$ -$ -$ -$ 1 RMRA (SB1) - Fund 288 2 Design PW1715 Roadways Medians Plan: Construct &
Relandscape Center Medians
Replace and install all new landscape at the center medians located through out the city with drought tolerant plants.

CC Previously Approved
Projects, Grants-Eligible $ 1,500,000 $400,000 $ 1,000,000 $ - $ - -$ 1, 2, 3, 4 DIF Administration (4940) 2 Design PW1723 Buildings International Scuplture Garden City Council request, the existing statue of Jose Rizal is the first of potentially several historical leaders to be memorialized in the international sculpture garden. Staff recommendation is to congregate all sculptures in an accessible area adjacent to the Community Center and outside of the footprint of the proposed Teen/Innovation Center.

New Project 200,000$ $0 -$ -$ -$ -$ 4 UNFUNDED 2 Design PW1732 Parks Solar @ Vets Park Microgrid-Solar panels and Battery Storage Systems at SportsComplex Parking Lot and some areas of roofing. New Project 2,000,000$ $2,000,000 2,000,000$ -$ -$ -$ 2 Fed Gov't Appropriation from HUD
Grant# B-23-CP-0CA-0076
2 Design PW1738 Technology WiFi in Parks Expand WiFi throughout the parks to have accessibility on fields, parking lots, courts, etc.

CC Previously Approved
Projects 350,000$ $350,000 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 $ 1,000,000 2 Design PW1707 Parks Stevenson Park Picnic Shelters Installation of New Picnic Shelters (Combine PW1707 & PW1706) CC Previously Approved Projects
2 Design PW1706 Parks Stevenson Park Bungalow Removal Removal of bungalow "North End" (Combine PW1706 & PW1707) CC Previously Approved Projects
2 Design PW1647 Roadways
I-110 Freeway Arterial Improvements -
Figueroa St at Del Amo Blvd, Figueroa
St at I-110 NB Ramps, Figueroa St at I-
110 SB Ramps, Main St at I-405 SB On
Ramp, Main St at I-405 SB Off Ramp,
and Hamilton Ave at Del Amo Blvd
Traffic signal system improvement on the arterial roadways along the east and west side of the i-110 corridor at 6 Intersections - Figueroa St at Del Amo Blvd, Figueroa St at I-110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd
Pending MTA's approval for scope change and time extension CC Previously Approved
Projects 3,520,000$
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 7

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $300,000 3,700,000$ -$ -$ -$ 1 DIF Gov Facilities (4944) $0 DIF Gov Facilities (4944)
2 Design PW1749 Buildings EV Bus Chargers Installation of EV bus chargers with electrical conduits and potential transformer
CC Previously Approved
Projects 250,000$ $250,000 -$ -$ -$ -$ 1 Maybe loadshed or Prop C; DIF Utilities & Sustainability (4946)
$1,000,000 1,559,000$ -$ -$ -$ 1, 3 Surface Transporation Program Local (STPL) $2.7M from STPL
$1,816,000 -$ DIF Traffic (4941) $0 Measure R
$0 Measure M
2 Design PW1758 Roadways Main Street - 228th St to Carson Street Main St. (0.9 miles) Grind and overlay from 228th St. to Carson St. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

New Project 4,000,000$ $0 -$ 1,350,000$ -$ -$ 2, 4 RMRA (SB1) - Fund 288 $800,000 -$ -$ -$ -$ 3 Measure R Measure M
2 Design PW1776
Stormwater
Calas Park Stormwater Infiltration and
Water Quality Improvements
Supplemental Environment Project (SEP)
New Project
6,000,000$ $500,000 5,500,000$ -$ -$ -$
3 LA County Sanitation Districts
2 Design PW1780 Roadways Victoria Street Transit Center Construction of a new transit center adjacent to CSUDH New Project - Unapproved 3,250,000$ $0 3,250,000$ -$ -$ -$ 1 Metro Grant 2 Design PW1783 Stormwater Delford Culvert Replacement Reconstruct the culvert between Delford Avenue and 226th Place. New Project - Unapproved 294,470$ $0 -$ -$ -$ -$ General Fund 2 Design PW1785 Bikeways Carson Bicycle Master Plan
Carson's Master Bicycle Plan will serve as an informative guide when developing a framework that improves the city's physical bicycle system and reduces transportation inequities. With 18.7 sq miles of grid street networks (including California State University, Dominguez Hills), connecting Carson’s communities can enable widespread mode shifts to bicycling.

New Project - Unapproved
897,000$ $897,000
-$ ATP Cycle 6
2 Design PW1788 Stormwater Del Amo Park Drainage Evaluate draining for northern portion of del amo park. And prepare PS&E for basketball courts and problematic areas. 3,000,000$ $150,000 3,000,000$ -$ Gen-Fun On-call 2 Design PW1796 Buildings Carson Civic Center
Redevelopment
Carson Civic Center Redevelopment New Project
4,375,000$
2 Design PW1775 Roadways 213th St. Street Lights Chico to Wilmington New Project 800,000$ 2 Design PW1753 Roadways University Drive Rehabilitation - Avalon Blvd to Wilmington Ave
University Dr. Rehabilitation (1.8 miles) from Avalon to Wilmington Ave. The project includes removal and replacement of asphalt pavement section and base, grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

New Project
2 Design PW1748 Buildings
Corporate Yard Energy Efficient &
Other Improvements - Evaluate and
construct, if viable
•Optimize equipment layout and parking space
•Wall and roof repair and insulation at main corporate yard building •Driveway at 18601 S. Main St for alternate Corporate Yard exit •Wash station and compliance requirements
•Covered parking, Fire Suppression system at Warehouse and Community Services
CC Previously Approved
Projects 4,000,000$
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 8

CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source 3 Maintenance PW1396 Roadways Dominguez Street Roadway
Reconstruction
Dominguez Street from Wilmington to Alameda. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

CC Previously Approved
Projects $ 3,120,000 $0 $ - $ - $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1413-5 Roadways Annual Slurry Seal & Crack Seal Program (Preventative Maintenance)
Annual preventative maintenace using a rubberized slurry seal on city streets - New Project $ 900,000 $0 $ - $ - $ 900,000 -$ 1, 2, 3, 4

UNFUNDED
3 Maintenance PW1426 Roadways *Citywide Park Slurry Seal Parking Lot, Green Streets & Sustainability
Preventative maintenance for parking lot at all City Parks (12 @$85k) New Project /Funded Const. $ 1,020,000 $0 $ - $ 1,020,000 $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1484 Parks Dugout Cover Installation at 9 Parks Repair and or replace dugout roof material (Calas, Carriage Crest, Del Amo, Dolphin, Dominguez, Foisia, Hemingway, Stevenson, Veterans) 26 total CC Previously Approved
Projects 75,000$ $0 75,000$ -$ -$ -$ 1, 2, 3, 4
Local: Quimby
3 Maintenance PW1639 Parks Veterans Park Office & Meeting Room & Kitchen Refurbishment
Replace counters, counter tops, cabinets and plumbing fixtures, flooring in Activity rooms and office and remodel Kitchen with new
floor/cabinets/appliances
CC Previously Approved
Projects 200,000$ $0 200,000$ -$ -$ -$ 2 Local: Quimby, County Pk 3 Maintenance PW1673 Parks **Pool Slides Replacement at Dominguez Park and Hemingway Park
Replace and install new pool slides for Dominguez Pool and Hemingway Pool CC Previously Approved Projects 900,000$ $0 450,000$ 450,000$ -$ -$ 1, 3 Local: Quimby, County Pk DIF: Park &
Related Facilities (4942), Park
Development (Quimby Fund 216)
$207,500 $207,500 $207,500 $207,500 -$ 2 Safe Clean Water $207,500 , General Fund 1:1 Match $207,500
$207,500 $207,500 $207,500 $207,500 General Fund 1:1 Match $207,500 3 Maintenance PW1699 Buildings Community Center Upgrades - Dominguez Halls and Kitchen
Upgrades to facility kitchen and halls (Dominguez Halls) at community center (Later to avoid construction conflicts w/ coiling wall) CC Previously Approved
Projects 1,870,000$ $0 1,870,000$ -$ -$ -$ 4 UNFUNDED 3 Maintenance PW1712 Buildings Park Facility HVAC Installation Design and Construct - $750k per Gymnasium and Facility Maintenance 7,500,000$ $0 2,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1754 Roadways Figueroa Street - Torrance to Victoria Figueroa St. (2.3 miles) Grind and overlay from Torrance to Victoria. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.

New Project 6,540,000$ $0 650,000$ 5,890,000$ -$ -$ 1, 2 UNFUNDED 3 Maintenance PW1791 Roadways Street Repair Citywide Street Repair Maintenance 32,000,000$ $15,000,000 -$ FUNDED -CIP-GENFUN $121,311,670 $108,272,717 $11,125,000 $3,315,000 $1,500,000 $ 1,037,500 3 Maintenance PW1692 Stormwater *Carson Stormwater & Runoff Project (O&M Carriage Crest Park)
Operation & Maintenance of stormwater capture facility at Carriage Crest Park. Safe clean water program requirements CC Previously Approved Projects
* PW Priority
** CS Priority
**** Front Loaded Project 1/6/2025 9:04 AM Page 9

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 14. To: Honorable Mayor and City Council From: Michael George, Assistant to the City Manager  Subject: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OFCARSON AND CBJ, LP DBA LOS ANGELES BUSINESS JOURNAL (CITY COUNCIL) I. SUMMARY
This item transmits a recommendation for the City Council to approve Amendment No. 1 with CBJ, LP DBA Los Angeles Business Journal to increase the contract amount by $9,465 to cover additional expenses that were incurred earlier during the contract term, and which were not included in the original contract amount.

At its meeting on January 9, 2024, the City Council approved a contract with Los Angeles Business Journal under the Innovation, Sustainability, and Performance Management Department ("ISPM") for an initial one-year term for a not to exceed contract sum of $88,650 for promotion of the City. The contract included set monthly terms, however, additional services were authorized by the previous Director of ISPM for the August 19-25 issue of the Los Angeles Business Journal for an additional $9,465, however the contract was not amended at that time to absorb the additional cost.

Approval of this item would add $9,465 to the contract consideration amount and allow staff to pay the final invoice for the Los Angeles Business Journal Contract and close out the contract.

Because the contract expired January 8, 2025, the amendment would be made effective retroactive to January 8, 2025, and extended by two months to provide staff ample time to process final invoice(s).

II. RECOMMENDATION

1. APPROVE the proposed Amendment No. 1 between the City of Carson and CBJ, LP DBA Los Angeles Business Journal; and

2. AUTHORIZE the Mayor to execute the Amendment following approval as to form by the City Attorney.

III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.

IV. BACKGROUND
At its meeting on January 9, 2024, the City Council approved a contract with Los Angeles Business Journal for aninitial one-year term for a not to exceed contract sum of $88,650. 701 East Carson Street
Approval of this item will enable staff to process the invoice and pay the Los Angeles Business Journal for theadditional expenses that were incurred under this contract.

V. FISCAL IMPACT
Funding to cover this expense of $9,465 would be absorbed within the existing Fiscal Year 2024-2025 Councilapproved budget of the Innovation, Sustainability, and Performance Management Department (ISPM) account forProfessional Services (101-52-510-101-6004). No new funding is being sought.

VI. EXHIBITS

1. Proposed Amendment No. 1

Attachments
LABJ Amendment 1.pdf

- 1 -
01007.0001/1044087.1
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 1”) by and between the CITY OF CARSON, a California municipal corporation (“City”) and CBJ, LP, a Kansas limited partnership authorized to conduct business in California doing business as LOS ANGELES BUSINESS JOURNAL (“Consultant”), is effective retroactive to January 8, 2025. City and Consultant are sometimes herein individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an Agreement for Contract Services dated January 9, 2024 (the “Agreement”), whereby Consultant agreed to provide certain marketing services for a not-to-exceed Contract Sum of $88,650.

B. In August 2024, the City exercised the Cover Wrap option from the Agreement at a cost of $14,000, which was not accounted for in the original Contract Sum of $88,650. Because the City exercised this option, and to facilitate the completion of Services under the Agreement, the Consultant agreed to reduce the cost of the outstanding Services so that the total additional amount owed by City is only $9,465.

C. City and Consultant now desire to amend the Agreement to increase the Contract Sum by $9,465 resulting in an adjusted not-to-exceed Contract Sum of $98,115 to account for the Services provided, including the Cover Wrap option, and to extend the Term by two months to provide City ample time to process final invoice(s).

TERMS

1. Contract Changes. The Agreement is amended as provided herein (added text shown in bold italics, deleted text in strikethrough font).

A. Section 2.1 (Contract Sum) of the Agreement is amended to read in its entirety as follows:
“2.1 Contract Sum. Subject to any limitations set forth in the Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation including reimbursement for action expenses, shall not exceed Eighty Ninety-Eight Thousand Six One Hundred Fifty Fifteen Dollars and Zero Cents ($88,650 $98,115) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.8.”
B. Section 3.4 (Term) of the Agreement is amended to read in its entirety as follows:

- 2 -
01007.0001/1044087.1
“3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding fourteen (14) months one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

6. Counterparts. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles, or digital. All such counterparts shall together constitute but one and the same Amendment No. 1.

[SIGNATURES ON FOLLOWING PAGE]

- 3 -
01007.0001/1044087.1

- 4 -
01007.0001/1044087.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date(s) and year set forth below, with express intent that this Amendment No. 1 shall be effective retroactive to January 8, 2025.

CITY:

CITY OF CARSON, a municipal corporation

David C. Roberts, Jr., City Manager

Date: __________________________, 2025
ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Sunny K. Soltani, City Attorney
[pks; rjl]
CONSULTANT:

CBJ, LP, a Kansas limited partnership doing
business as LOS ANGELES BUSINESS JOURNAL

By: CBJ Associates, Inc.

Its: General Partner

By:

Name:

Title:

Address: 11150 Santa Monica Blvd. Suite 350
Los Angeles, CA 90025
Date: __________________________, 2025

01007.0001/1044087.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0001/1044087.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 12. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-01-CHA, A RESOLUTION OF THE CARSONHOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $43,476.98, DEMANDCHECK NUMBERS HA-002022 THROUGH HA-002028 (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 25-01-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS ANDDEMANDS IN THE AMOUNT OF $43,476.98, DEMAND CHECK NUMBERS HA-002022 THROUGH HA-002028.

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-01-CHA, "A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $43,476.98, DEMAND CHECK NUMBERS HA- 002022 THROUGH HA-002028".

III. ALTERNATIVES
NONE.

IV. BACKGROUND
THE CARSON HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On January 21, 2025, the Carson Housing Authority ratified the above demand numbers HA-002022through HA-002028. The City Treasurer is hereby directed to pay out the funds named hereon, to each of theclaimants listed above, the amount of warrant appearing opposite their respective names, for the purpose statedon the respective demands, making a total of $43,476.98.  SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions.   PASSED, APPROVED, and ADOPTED this 21ST DAY OF JANUARY, 2025.  CARSON HOUSING AUTHORITY, acting as the successor housing agency of the CARSON REDEVELOPMENTAGENCY, a public body by:
701 East Carson Street
APPROVED AS TO FORM: ________________________________________Sunny K. Soltani, Agency Counsel    CITY OF CARSON:  _________________________________________Lula Davis-Holmes, Chairman   ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, Secretary V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct.   EXECUTED THE ______ DAY OF __________________ AT CARSON, CALIFORNIA:    _________________________________________ David C. Roberts, Jr., Executive Director STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Housing Authority, California, hereby attest to and certify thatthe foregoing resolution, being Resolution No. 25-01-CHA, adopted by the City of Carson City Council at its meetingheld on January 21, 2025 by the following vote: AYES: AUTHORITY BOARD MEMBERS:NOES: AUTHORITY BOARD MEMBERS: ABSTAIN: AUTHORITY BOARD MEMBERS: ABSENT: AUTHORITY BOARD MEMBERS:   _____________________________________Dr. Khaleah K. Bradshaw, Secretary VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-01-CHA

Attachments
Exhibit 1 CHA Demand Reso# 25-01-CHA.pdf
City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:10
User: jmanalo
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 255-99-999-999-1012- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022 12/05/2024 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 2023 12/12/2024 PRINTED 000685 AMERINATIONAL COMMUNITY S 2,666.68 2024 12/12/2024 PRINTED 006884 LYFT, INC. 312.65 2025 12/19/2024 PRINTED 003585 RSG INC 32,266.25 2026 12/19/2024 PRINTED 000211 SMART AND FINAL IRIS 88.96 2027 12/26/2024 PRINTED 001001 AT&T PHONE 32.44 2028 12/26/2024 PRINTED 001924 THE BANK OF NEW YORK MELL 2,000.00 7 CHECKS CASH ACCOUNT TOTAL 43,476.98 .00 City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:10
User: jmanalo
Program ID: apchkrcn

Page 2 ends

UNCLEARED CLEARED
7 CHECKS FINAL TOTAL 43,476.98 .00 ** END OF REPORT - Generated by Jane Manalo **

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 16. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-008, A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,379,449.46, DEMANDCHECK NUMBERS 177061 THROUGH 177123 FOR GENERAL DEMAND (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 25-008, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMSAND DEMANDS AS FOLLOWS:  TOTAL OF $1,379,449.46 FOR GENERAL DEMANDS CHECK NUMBERS 177061 THROUGH 177123.

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-008, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $1,379,449.46, DEMAND CHECK NUMBERS 177061 THROUGH 177123 FOR GENERAL DEMAND".

III. ALTERNATIVES
NONE.

IV. BACKGROUND
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On January 21, 2025, the City Council ratified the above demand numbers 177061 through 177123 forGeneral Demand. The City Treasurer is hereby directed to pay out the funds named hereon, to each of the claimantslisted above, the amount of warrant appearing opposite their respective names, for the purpose stated on therespective demands, making a total of $1,379,449.46.  SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions.   PASSED, APPROVED, and ADOPTED this 21ST DAY OF JANUARY, 2025. 701 East Carson Street
APPROVED AS TO FORM: ________________________________________Sunny K. Soltani, City Attorney    CITY OF CARSON:  _________________________________________Lula Davis-Holmes, Mayor   ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, City Clerk V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct.   EXECUTED THE ______ DAY OF __________________ AT CARSON, CALIFORNIA:    ____________________________________ David C. Roberts, Jr., City Manager STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoingresolution, being Resolution No. 25-008, adopted by the City of Carson City Council at its meeting held on January21, 2025 by the following vote: AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:   _____________________________________Dr. Khaleah K. Bradshaw, City Clerk VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-008

Attachments
Exhibit 1 Demand Register Reso# 25-008.pdf
City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:07
User: jmanalo
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 177061 12/30/2024 PRINTED 002516 MICHAEL WHITTIKER 820.89 177062 01/02/2025 PRINTED 006506 ALL IN ONE PARTIES 1,160.00 177063 01/02/2025 PRINTED 004388 AIS TRUST ACCOUNT NEWPORT 165.96 177064 01/02/2025 PRINTED 007864 ALTA PLANNING + DESIGN, I 29,031.94 177065 01/02/2025 PRINTED 008425 AMERICAN GLOBAL SECURITY 77,104.91 177066 01/02/2025 PRINTED 000495 AMERICAN SOCCER CO INC 112.36 177067 01/02/2025 PRINTED 000543 AQUA FLO SUPPLY 12,321.41 177068 01/02/2025 PRINTED 003927 ARAMSCO INC 5,918.90 177069 01/02/2025 PRINTED 004410 B D WHITE TOP SOIL CO INC 1,631.70 177070 01/02/2025 PRINTED 000697 BIG ANDYS TROPHIES AND PL 436.59 177071 01/02/2025 PRINTED 000348 BLUEPRINT SERVICE 808.22 177072 01/02/2025 PRINTED 001762 ROGER BRANCH JR 50.00 177073 01/02/2025 PRINTED 001627 BSN SPORTS LLC 14,207.50 177074 01/02/2025 PRINTED 001489 CHOURA VENUE SERVICES 1,183.14 177075 01/02/2025 PRINTED 001416 CITIZENS BUSINESS BANK 43,364.00 177076 01/02/2025 PRINTED 007718 CLIVABETH PHOTOGRAPHY LLC 3,262.88 177077 01/02/2025 PRINTED 004824 MANUEL DASILVA 50.00 177078 01/02/2025 PRINTED 000658 DELL 50,460.89 177079 01/02/2025 PRINTED 006876 DONS AUDIO VISUAL 3,067.00 177080 01/02/2025 PRINTED 006907 ECO LAB 737.08 177081 01/02/2025 PRINTED 000039 EWING IRRIGATION PRODUCTS 326.96 177082 01/02/2025 PRINTED 005044 ROMEO GALEON 50.00 177083 01/02/2025 PRINTED 000941 GOLDEN STATE WATER COMPAN 43.26 177084 01/02/2025 PRINTED 008491 GREEN EQUITY PROPERTIES I 10,000.00 177085 01/02/2025 PRINTED 008136 HARRELL'S, LLC 15,082.20 177086 01/02/2025 PRINTED 000234 THE HOME DEPOT INC 88.11 177087 01/02/2025 PRINTED 008485 IRENE Q. CASTILLO 25,000.00 177088 01/02/2025 PRINTED 007829 JOHNSON CONTROLS 755,480.66 177089 01/02/2025 PRINTED 008490 JOSE BUCAD 20,000.00 177090 01/02/2025 PRINTED 007093 KILEY & ASSOCIATES LLC 5,000.00 177091 01/02/2025 PRINTED 005040 SALOMON LOPEZ 68.60 177092 01/02/2025 PRINTED 006668 LOS ANGELES CONSERVATION 23,335.90 177093 01/02/2025 PRINTED 000178 LOS ANGELES COUNTY 12.00 177094 01/02/2025 PRINTED 000074 LOS ANGELES COUNTY SHERIF 6,553.27 177095 01/02/2025 PRINTED 001732 MANHATTAN STITCHING CO IN 4,966.76 177096 01/02/2025 PRINTED 007964 MOUR GROUP ENGINEERING + 43,625.00 177097 01/02/2025 PRINTED 000385 NATIONWIDE ENVIRONMENTAL 98,131.60 177098 01/02/2025 PRINTED 007851 NAVIN SAMI 13,760.00 177099 01/02/2025 PRINTED 006214 NBS GOVERNMENT FINANCE GR 1,187.88 177100 01/02/2025 PRINTED 007779 NEMIE P. MOSEQUERA 50.00 177101 01/02/2025 PRINTED 000528 PARTY PRONTO 2,921.00 177102 01/02/2025 PRINTED 001081 BRIAN RABER 50.00 177103 01/02/2025 PRINTED 010000 MID FIRST BANK 45.00 177104 01/02/2025 PRINTED 010000 MID FIRST BANK 45.00 177105 01/02/2025 PRINTED 010000 BY FAITH MINISTRIES 250.00 177106 01/02/2025 PRINTED 010000 GUARDIAN ASSET MANAGEMENT 45.00 177107 01/02/2025 PRINTED 010000 NORTHSIGHT MANAGEMENT, LL 45.00 177108 01/02/2025 PRINTED 010000 WELL CHURCH WEST 444.90 177109 01/02/2025 PRINTED 000057 ROBERT MCELROY LLC 104.93 177110 01/02/2025 PRINTED 000419 RYDIN DECAL 781.23 177111 01/02/2025 PRINTED 000791 EMMANUEL A SALOMON 50.00 177112 01/02/2025 PRINTED 000427 SAM'S CLUB DIRECT 302.48 City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:07
User: jmanalo
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 177113 01/02/2025 PRINTED 000158 LIWAYWAY N SANTOS 278.40 177114 01/02/2025 PRINTED 007632 SEAY, AL CARNEL 50.00 177115 01/02/2025 PRINTED 003159 SITEONE LANDSCAPE SUPPLY 454.50 177116 01/02/2025 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 21,287.78 177117 01/02/2025 PRINTED 004417 SOCALGAS 11,738.54 177118 01/02/2025 PRINTED 007090 T-MOBILE USA INC. 3,687.97 177119 01/02/2025 PRINTED 007956 THOMAS WOODS 50.00 177120 01/02/2025 PRINTED 007705 TRANSTECH ENGINEERS, INC. 19,608.46 177121 01/02/2025 PRINTED 004186 THE UPS STORE 6721 529.20 177122 01/02/2025 PRINTED 004222 RICHARD WOODS JR 50.00 177123 12/31/2024 PRINTED 000797 ALESHIRE AND WYNDER LLP 47,972.50 63 CHECKS CASH ACCOUNT TOTAL 1,379,449.46 .00 City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:07
User: jmanalo
Program ID: apchkrcn

Page 3 ends

UNCLEARED CLEARED
63 CHECKS FINAL TOTAL 1,379,449.46 .00 ** END OF REPORT - Generated by Jane Manalo **

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 14. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 25-01-CSA, A RESOLUTION OF THE CARSONSUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $34,871.88, DEMAND CHECKNUMBERS SA-001939 THROUGH SA-001940 (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 25-01-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS INTHE AMOUNT OF $34,871.88, DEMAND CHECK NUMBERS SA-001939 THROUGH SA-001940.

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution NO. 25-01-CSA, "A RESOLUTION OF THE CARSON SUCCESSOR AGENCY CLAIMS AND DEMANDS IN THE AMOUNT OF $34,871.88, DEMAND CHECK NUMBERS SA-001939 THROUGH SA-001940".

III. ALTERNATIVES
NONE.

IV. BACKGROUND
THE CARSON SUCCESSOR AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On January 21, 2025, the Carson Successor Agency ratified the above demand numbers SA-001939through SA-001940. The City Treasurer is hereby directed to pay out the funds named hereon, to each of theclaimants listed above, the amount of warrant appearing opposite their respective names, for the purpose statedon the respective demands, making a total of $34,871.88.  SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions.   PASSED, APPROVED, and ADOPTED this 21ST DAY OF JANUARY, 2025.  CARSON SUCCESSOR AGENCY, to the dissolved CARSON REDEVELOPMENT AGENCY, a public body 701 East Carson Street
APPROVED AS TO FORM: ________________________________________Sunny K. Soltani, Agency Counsel    CITY OF CARSON:  _________________________________________Lula Davis-Holmes, Chairman   ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, Secretary V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct.   EXECUTED THE _____ DAY OF _____________________ AT CARSON, CALIFORNIA:    _________________________________________ David C. Roberts, Jr., Executive Director STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Successor Agency, California, hereby attest to and certify thatthe foregoing resolution, being Resolution No. 25-01-CSA, adopted by the City of Carson City Council at its meetingheld on January 21, 2025 by the following vote: AYES: AUTHORITY BOARD MEMBERS:NOES: AUTHORITY BOARD MEMBERS: ABSTAIN: AUTHORITY BOARD MEMBERS: ABSENT: AUTHORITY BOARD MEMBERS:   _____________________________________Dr. Khaleah K. Bradshaw, Secretary VI. EXHIBITS
EXHIBIT NO. 1: DEMAND RESOLUTION #25-01-CSA

Attachments
Exhibit 1 CSA Demand Reso #25-01-CSA.pdf
City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:11
User: jmanalo
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 782-99-999-999-1030- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1939 12/19/2024 PRINTED 003585 RSG INC 34,807.00 1940 12/26/2024 PRINTED 001001 AT&T PHONE 64.88 2 CHECKS CASH ACCOUNT TOTAL 34,871.88 .00 City of Carson

AP CHECK RECONCILIATION REGISTER
Report generated: 01/06/2025 13:11
User: jmanalo
Program ID: apchkrcn

Page 2 ends

UNCLEARED CLEARED
2 CHECKS FINAL TOTAL 34,871.88 .00 ** END OF REPORT - Generated by Jane Manalo **

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 18. To: Honorable Mayor and City Council From: Monica Cooper, City Treasurer TREASURER Administration Subject: CONSIDER APPROVAL OF RESOLUTION NO. 25-003 TO INCREASE THE AVAILABLE FUNDSOF THE REVOLVING FUND FOR TRAVEL/CONFERENCES (CITY COUNCIL) I. SUMMARY
Staff recommends increasing the revolving travel and conference fund from $5,000 to $10,000 to address the risingcosts of travel, lodging registration fees associated with professional development opportunities. Since the lastadjustment in 1978, inflation and increased costs have significantly limited the ability of employees to attendvaluable conferences and training sessions within the current budget. By increasing the fund, the City will enableemployees to enhance their skills, gain access to new practices, and build professional networks, all of whichcontribute to improved performance and enhancing the communities' experience. This investment in employeedevelopment will not only benefit staff but also strengthen the City’s ability to effectively serve the community.

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-003, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, INCREASING THE AMOUNT OF THE REVOLVING FUND."

III. ALTERNATIVES
TAKE another action that City Council deems appropriate.

IV. BACKGROUND
On April 17, 1978, the City Council adopted Resolution No. 78-069, which increased the available funds in therevolving travel and conference fund from $2,000 to $5,000. Staff recommends that the City Council approve anadditional increase to support rising travel costs and expand opportunities for employee conference and travelattendance. Specifically, staff proposes increasing the fund from $5000 to $10,000 to better accommodate theseneeds.

V. FISCAL IMPACT
There is no fiscal impact, as these expenses have already been budgeted within the respective departmental allocations.
701 East Carson Street
VI. EXHIBITS

1. Exhibit No. 1: Resolution No. 78-0692. Exhibit No. 2: Paid Invoices Report November-December 20243. Exhibit No. 3: Resolution No. 25-003

Attachments
EXHIBIT NO.1- Resolution 78-069.pdf
EXHIBIT NO. 2-Paid Invoices Report November-December 2024_.pdf EXHIBIT NO. 3-Resolution No 25-003.pdf
RESOLUTION NO. 78- 069
A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF

CARSON INCREASING THE AMOUNT OF THE REVOLVING
FUND
WHEREAS, the City Council did adopt Ordinance No. 75- 350, transferring custody of the " Revolving Fund" to the Treasurer and amending the Carson Municipal Code;
and
WHEREAS, the Revolving Fund was established in such amount to be established by the City Council by resolution from time to time.

NOW, THEREFORE, BE IT RESOLVED:

Section 1. That it would be in the best interests of the City to increase the amount of the Revolving Fund from $ 2, 000 to 5, 000.

PASSED, APPROVED and ADOPTED this 17th day of April, 1978.

ATTEST:

P Ag_

CITY L K

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.

CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson,
California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 78- 069, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly held on the 17th day of April, 1978, and that the same was so passed and adopted by the following roll call vote:

AYES: COUNCILMEN: Bridgers, Marbut, Smith, Colas & Yamamoto NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
y cterx, LIry of yarson, Latitornia
City of Carson

PAID INVOICES REPORT
CHECK RUN:RF
9999 ONE TIME REVOLVING FUND
80715
08/21/24
5248
P
12/03/24
10100330
6056
HR
Mgt&Contrl
Training
324.00
INVOICE:
wiisonl52024
83768
10/30/24
5229
P
11/07/24
10525030
6014
Conference
and
Travel

46.00 INVOICE:
kuicsarri02024
83902
11/04/24
5224
P
11/07/24
10100000
6014
Mgt&Contrl
ConfTravel
315.00
INVOICE:
rojasal12024
83903
11/04/24
5232
P
11/07/24
10100380
6014
CD
Mgt&Contrl
ConfTravel
107.00
INVOICE:
toryfreeman112024
83904
11/04/24
5225
P
11/07/24
10100280
6014
Mgt&Contrl
ConfTravel
149.00
INVOICE:
garrettroberts112024
;
83905
11/04/24
5227
P
11/07/24
10100540
6014
Pw
Mgt&Contr]
ConftTravel
149.00
INVOICE:
kaneshapompey112024
83906
11/04/24
5228
P
11/07/24
10100540
6014
Pw
Mgt&Contr]
ConfTravel
149.00
INVOICE:
1sandoval112024
83907
11/04/24
5230
P
11/07/24
10100720
6014
conference
and
Travel
149.00
INVOICE:
robinwilson112024
83909
11/04/24
5231
P
11/07/24
10100540
6014
PW
Mgt&Contr]
ConfTravel
149.00
INVOICE:
theresfoisiali2024
83911
11/04/24
5226
P
11/07/24
10100330
6014
HR
Mgt&Contr?
Conftravel
190.00
INVOICE:
jboudreaux112024
84299
11/13/24
5236
P
11/21/24
10525030
6014
Conference
and
Travel
149.00
INVOICE:
kulcsarr112024
84573
11/18/24
5238
P
11/21/24
10100420
6014
CD
Business
ConfTravel

24.00 INVOICE:
snaaseh112024
84575
11/18/24
5233
P
11/21/24
10100770
6056
Pw
Sidewalk
M
Training
154.96
INVOICE:
holtc012025
84577
11/18/24
5234
P
11/21/24
10100060
6014
CM
Mgt&Contrl
ConfTravel

30.00 INVOICE:
georgem102024
84579
11/18/24
5237
P
11/21/24
10100060
6014
CM
Mgt&Contrl
ConfTravel

16.00 INVOICE:

JTennoxrl102024
84580
11/18/24
5239
P
11/21/24
10100790
6014
CS
Operations
ConfTravel
249.00
INVOICE:
fernandezv112024
84581
11/18/24
5235
P
11/21/24
10100790
6014
CS
Operations
ConfTravel
249.00
INVOICE:
listerr112024
84833
11/25/24
5242
Pp
11/27/24
10100060
6014
CM
Mgt&Contrl
ConfTravel
147.53
INVOICE:
simaragoj202410
84835
11/25/24
5240
P
11/27/24
10100420
6014
CD
Business
ConfTravel

24.00 INVOICE:
palmercl112024
84836
11/25/24
5243
P
11/27/24
26200000
6014
PS
ParkingEnf
ConfTravel
132.98
INVOICE:
munozr112024
84838
11/25/24
5241
P
11/27/24
10100280
6014
Mgt&Contr]
ConfTravel
866.96
INVOICE:
robertsg202411
84840
11/25/24
5249
P
12/03/24
10100540
6014
Pw
mgt&Contr!
ConfTravel
867.62
INVOICE:
sandoval?112024
85039
11/27/24
5246
P
11/27/24
10909130
6014
Conference
and
Travel
1,016.62
INVOICE:
costanzot112024
85040
11/27/24
5244
P
11/27/24
10909130
6014
Conference
and
Travel
1,016.62
INVOICE:
cookd112024
85042
11/27/24
5245
P
11/27/24
10909130
6014
Conference
and
Travel
1,016.62
INVOICE:
jojason1i2024
Report
generated:
12/16/2024
16:17
Page
1 user:

SFuentes
Program
ID:
appdwarr
City
of
Carson
PAID

INVOICES
REPORT
CHECK
RUN:

RF
85043
11/27/24
5250
P
12/03/24
10100790
6014
CS
Operations
ConftTravel
796.97
INVOICE:

Tisterr202411
85044
11/27/24
5253
P
12/03/24
10100790
6014
CS
Operations
ConfTravel
829.49
INVOICE:
fernandezv202411
85152
12/02/24
5247
P
12/03/24
10100030
6014
Mgt&Contr?
ConfTravel
300.00
INVOICE:
bradshawk112024
85157
12/02/24
5251
P
12/03/24
10100320
6014
Operations
ConfTravel
139.17
INVOICE:
semanat112024
85158
12/02/24
5257
P
12/05/24
10100540
6014
Pw
Mgt&Contrl ConfTravel
867.62
INVOICE:
pompeyk112024
85160
12/02/24
5252
P
12/03/24
10100380
6014
cD
Mgt&Contrl?
ConftTravel
843.50
INVOICE:
freemant202411
85167
12/02/24
5256
P
12/05/24
10100370
6014
HR
Talent
Mngmt
ConfTrave

30.00 INVOICE:
bourdreauxj112024
85170
12/02/24
5255
P
12/05/24
10100370
6014
HR
Talent
Mngmt
ConfTrave
454.40
INVOICE:
middenwayd102024
85371
12/04/24
5260
P
12/05/24
10101270
6014
CS
Sr
AsstLiv
ConftTravel
1,386.07
INVOICE:
carterm112024
85372
12/04/24
5254
P
12/05/24
10101270
6014
cS
Sr
AsstLiv
ConfTravel
1,378.22
INVOICE:
valorosial12024
85373
12/04/24
5258
P
12/05/24
10100030
6014
Mgt&Contri
ConftTravel
165.00
INVOICE:
bradshawk202412
85374
12/04/24
5259
P
12/05/24
10100030
6014
Mgt&Contrl?
ConfTravel
165.00
INVOICE:
kcullorsi22024
85702
12/11/24
5261
P
12/12/24
10808040
6014
Conference
and
Travel

30.00 INVOICE:
lozafi112024
VENDOR
TOTALS
28,908.17
YTD

INVOICED
15,073.35
YTD
PAID
15,073.35
REPORT
TOTALS
15,073.35
COUNT
AMOUNT
TOTAL

PRINTED
CHECKS
9%
5 073-35)
**
END
OF
REPORT
-
Generated
by
Shanette
Fuentes
**
User:

SFuentes
Page
2 Program
ID:
appdwarr

EXHIBIT NO. 3

RESOLUTION NO. 25-003

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,

CALIFORNIA, INCREASING THE AMOUNT OF THE REVOLVING FUND

WHEREAS, the City Council did adopt Ordinance No. 75 -350, transferring custody of the “Revolving Fund” to the Treasurer and amending the Carson Municipal Code; and WHEREAS, the Revolving Fund was established in such amount to be established by the City Council by resolution from time to time.

CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That it would be in the best interest of the City to increase the amount of the Revolving Fund from $5,000.00 to $10,000.00.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and deem it effective as of January 21st, of 2025 the same shall be in force and effect.

PASSED, APPROVED AND ADOPTED this 21st day of January 2025.

Lula Davis-Holmes, Mayor
APPROVED AS TO FORM:

Sunny K. Soltani, City Attorney
ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk

STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS:

CITY OF CARSON)

I, Khaleah Bradshaw, City Clerk of the City of Carson, do hereby certify that the foregoing Resolution, being Resolution No. 2 5-003, was passed and approved by the City Council of the City of Carson at its meeting held on January 21, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

By:

Dr. Khaleah K. Bradshaw, City Clerk

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 19. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance  Subject: CONSIDER A REPORT ON ALL INTRADEPARTMENTAL BUDGET TRANSFERS APPROVEDUNDER THE CITY MANAGER OR DESIGNEE AUTHORITY FOR THE MONTH OF NOVEMBER ANDDECEMBER 2024 PER ORDINANCE 24-2401 (CITY COUNCIL) I. SUMMARY
On February 20, 2024 (Item No. 27), Council adopted Ordinance 24 -2401 amending Section 2955.1 (Budget Transfers) of Chapter 9.5 (Fiscal Administration) of Article II (Administration) of the Carson Municipal Code (CMC).

CMC Section 2955.1 now requires that once per month during a regular City Council meeting, a list of all intradepartmental budget transfers approved under City Manager authority, including any Departmental Director- approved transfers, shall be presented to the City Council.  Per CMC Section 2955.1, staff are presenting to Council a report of intradepartmental budget transfers authorized by the City Manager or designee for the period of November and December 2024 (Exhibit No. 1).

This report outlines intradepartmental budget transfers for review by the City Council. It provides a comprehensive overview of the transfers and the impact on departmental operations. The report aims to ensure transparency and fiscal responsibility in managing the City's budget.

II. RECOMMENDATION
RECEIVE and FILE the report (Exhibit No. 1).

III. ALTERNATIVES
TAKE another action the City Council deems appropriate and consistent with the requirements of the law.

IV. BACKGROUND
The City's budget is a critical tool for allocating resources to various departments and initiatives, ensuring the efficient delivery of services to residents. Throughout the fiscal year, departments may encounter unforeseen circumstances or evolving priorities that necessitate adjustments to their budgets. These adjustments often involve transferring funds between line items to address emerging needs or to capitalize on new opportunities. 701 East Carson Street
In  compliance  with  CMC 2955.1, the City Manager may approve any budget transfer within the same City department, except for transfers involving personnel-related funds or expenditures, such as salaries or benefits.

Department  Directors  may  also  approve intradepartmental budget transfers within their respective Departments on terms prescribed by the City Manager (subject to compliance with CMC 2955.1 and applicable law), except that:
(i) Department Directors shall not be permitted to approve any intradepartmental budget transfers involving personnel-related funds or expenditures, such as salaries or benefits; and (ii) the City Manager shall have authority to restrict (including by removing) the intradepartmental budget transfer authority of one or more Department Directors as deemed necessary in the City Manager’s sole discretion.

These requests undergo careful review to assess the justification, necessity, and potential impact of the proposed transfers. The City Manager's office then presents these monthly reports to the City Council.

Attached as Exhibit 1 is the Intradepartmental Budget Transfers Report for City Manager or designee authority executed in November and December of 2024.

V. FISCAL IMPACT
None.

VI. EXHIBITS

1. Intradepartmental Budget Transfers - November and December 2024

Attachments
EXHIBIT NO. 1-Intradepartmental Budget Transfers - November and December 2024.pdf ian
ifyler erp solution
City
of
Carson
==
a
munis

JOURNAL

INQUIRY
YEAR
PER

JOURNAL
SRC
EFF
DATE
ENT
DATE
JNL
DESC
CLERK
ENTITY

AUTO-REV
STATUS
BUD
YEAR
JNL
TYPE
2025
05 111
BUA
11/13/2024
11/13/2024
Budget
TxFWwjefferson
1 N
Hist
2025
OBJECT
PROJ
REFL
LINE

DESCRIPTION
CREDIT
OB

ACCOUNT

ACCOUNT

DESCRIPTION
1 10909160
8004
.
.
31,000.00
101-90-970-105-8004-
CS
Landscape
Maint.

Equipment
2 10909160
6004
31,000.00
101-90-970-105-6004-
Professional
Services

JOURNAL TOTAL

YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 05 119 BUA 11/14/2024 11/14/2024 BUDGET TxFWwJefferson 1 N Hist 2025

OBJECT PROJ) REFIT LINE DESCRIPTION GREDIT OB

ACCOUNT ACCOUNT DESCRIPTION
1 10100010 6055 Process Outstanding Invoic 1,000,000.00 101-20-100-111-6055- General Legal Services
2 10100020 6055 __, Process Outstanding Invoic 1,000, 000.00 101-20-100-112-6055- Litigation Legal

JOURNAL TOTAL

YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 06 75 BUA 12/05/2024 12/05/2024 Budget TxFwJefferson 1 N Hist 2025

OBJECT PROJ) -REFL LINE DESCRIPTION CREDIT OB

ACCOUNT ACCOUNT DESCRIPTION
1 10100580 6003 T walking Man PW 725.00
101-80-820-285-6003- Printing/Binding/Duplication
2 10100560 6003 T walking Man PW 725.00
101-80-820-100-6003- Pw Mgt&Contrl Printing

JOURNAL TOTAL

YEAR PER JOURNAL SRC EFF DATE ENT DATE JNL DESC CLERK ENTITY AUTO-REV STATUS BUD YEAR JNL TYPE 2025 06 76 BUA 12/05/2024 12/05/2024 Budget TxFwjefferson 1 N Hist 2025

OBJECT PROD REFL LINE DESCRIPTION GREDIT, OB

ACCOUNT ACCOUNT DESCRIPTION
R t ted: 01/07/2025 13:32
Users metered pet terson Rage a
Program ID: glcjeing
EXHIBIT NO. 1
*
Munis
City
of
Carson
re
solution

JOURNAL

INQUIRY
YEAR
PER

JOURNAL
SRC
EFF
DATE
ENT
DATE
JNL
DESC
CLERK
ENTITY

AUTO-REV
STATUS
BUD
YEAR
JNL
TYPE
2025
06 76
BUA
12/05/2024
12/05/2024
Budget
TxFwjefferson
1 N
Hist
2025
OBJECT
PROJ
REFL
REF2
LINE

DESCRIPTION
CREDIT
OB

ACCOUNT

ACCOUNT

DESCRIPTION
1 22507020
6004
T
Covering
Adm
Services.
26,599.25
221-50-790-711-6004-
PLHA
Rehab
Hsng
Prof.

Services
2 22507040
6004
T
Covering
Adm
Services
26,599.25
221-50-790-999-6004-
PLHA
Professional
Services

JOURNAL TOTAL

GRAND TOTAL
4 Journals printed
** END OF REPORT - Generated by william Jefferson **
Report
generated:
01/07/2025
13:32
User:
wiefferson
Page
2 Program
ID:
glcjeing

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 20. To: Honorable Mayor and City Council From: Nora Garcia , Director of Public Safety & Emergency Services PS Emergency Management Subject: CONSIDER APPROVAL OF AMENDMENT NO.1 TO THE PURCHASING AND MAINTENANCESERVICES AGREEMENT WITH MISSION CRITICAL INFORMATION SYSTEMS INC. (MCIS) (C22-045) FORINTEROPERABLE PUBLIC SAFETY RADIO SYSTEM AND MAINTENANCE SERVICE (CITY COUNCIL) I. SUMMARY
On October 5, 2021, the City Council awarded a five-year (5) service contract to Mission Critical Information Systems Inc. (MCIS) for the programming, installation, and maintenance of the Public Safety Radio System. The total compensation for this contract was set at an amount not to exceed $219,934.54.

The COVID-19 pandemic caused significant disruptions in supply chains, leading to computer chip shortages and resulting in delays of up to 20 months in receiving essential radios and other components under the MCIS-City of Carson contract. These delays have impacted various operational processes, necessitating a request for the first-year service contract payment to be processed much later than originally anticipated. Additionally, these shortages have affected the timely delivery of city vehicles for Public Safety and other departments.

Now Staff is recommending for City Council to approve an amendment to the Agreement to add products and services to the Scope of Services for an additional amount of $113,740.31 thereby increasing the total not to exceed contract sum to $333,674.85.

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE Amendment No. 1 to add products and services to the Scope of Services for an additional amount of $113,740.31 thereby increasing the total not to exceed contract sum to $333,674.85.

2. AUTHORIZE the Mayor to execute the amendment, following approval as to form by the City Attorney.

III. ALTERNATIVES

1. TAKE any other action the City Council deems appropriate that is consistent with the requirements of law.

IV. BACKGROUND
701 East Carson Street
In 2012, the federal government passed the Middle-Class Tax Relief and Job Creation Act of 2012, which included a section related to public safety radio communications and mandated that by 2023, public safety agencies would have to abandon the UHF frequency spectrum currently used and move to a different spectrum.

The City of Carson UHF radio system that supports public safety and public works began transitioning to the Los Angeles Regional Interoperability Communication System (LA-RICS) in 2021-2022. Once this transition process is completed, it will provide communication compatibility between city partners such as the Sheriff’s Department, Fire Department and CSU Dominguez Hills.

City Council funded the purchase of 10 NX 5800K and 110 NX 5300K2 radios on June 1, 2021. This project funds the remaining phase of radio programming and additional equipment to enable the transition to LA-RICS as well as a five-year maintenance contract.

In July 2021, the City issued a Request for Proposals (RFP) for a Safety Interoperability Radio Solution, Carson City Hall Bi-Directional Amplifier Project and a 5-year maintenance services agreement for associated radio equipment. The Safety Interoperability Radio Solution included radio equipment for Carson’s primary Emergency Operations Center (EOC) at City Hall and the alternate EOC at the Corporate Yard as well as programming and installation services for radios purchased during Phase 1.

The Bi-Directional Amplifier Project includes equipment and installation to ensure radio coverage throughout City Hall especially in basement locations for Public Safety personnel. The 5-year maintenance services agreements cover all equipment being utilized for the Carson Public Safety Radio System.

The proposals were evaluated based on four factors: compliance with proposal requirements, qualification and experience, cost and client reference list/past performance.

The City received one proposal from MCIS Inc. that received an average rating of 87.7 from the RFP evaluation panel. The vendor indicated experience with the LA-RICS and a client reference list which includes the County of Los Angeles, the Los Angeles Dodgers and Tustin Unified School District.

On October 5, 2021, the City Council awarded a five-year (5) service contract to Mission Critical Information Systems Inc. (MCIS) for the programming, installation, and maintenance of the Public Safety Radio System. The total compensation for this contract was set at an amount not to exceed $219,934.54.

The COVID-19 pandemic caused significant disruptions in supply chains, leading to computer chip shortages and resulting in delays of up to 20 months in receiving essential radios and other components under the MCIS-City of Carson contract. These delays have impacted various operational processes, necessitating a request for the first-year service contract payment to be processed much later than originally anticipated. Additionally, these shortages have affected the timely delivery of city vehicles for Public Safety and other departments.

Due to these unforeseen circumstances, Staff is recommending for Council to approve an amendment to the agreement to add products and services to the Scope of Services for an additional amount of $113,740.31 thereby increasing the total not to exceed contract sum to $333,674.85.

V. FISCAL IMPACT
If the City Council approves staff’s recommendations, there will be no fiscal impact for FY 2024-25 as the requisite funding was included in the current adopted budget.

VI. EXHIBITS

1. Proposed Amendment No. 1 to contract with Mission Critical Information Systems

Attachments

1. Exhibit No.1_MCIS Amendment No. 1.pdf

01007.0001/992805.1
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO AGREEMENT FOR CONTRACT SERVICES
(“Amendment No. 1”) by and between the City of Carson, a California municipal corporation (“City”) and Mission Critical Information Systems Inc., a California corporation (“Consultant”), is effective as of the _____ day of _____________, 2024. City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated April 18, 2022 ("Agreement"), whereby Consultant agreed to provide City with primary and backup Emergency Operations Center services and install mobile radios in connection with those services.

B. The Contract Sum under the Agreement is $219,934.54 and the Agreement Term is set to expire April 17, 2027, five (5) years from the date of the Agreement.

C. The force majeure clause in Section 3.3 of the Agreement allows the Schedule of Performance to be extended to the extent appropriate in the event of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency.

D. Due to the COVID-19 pandemic and associated supply chain crisis and computer chip shortages, there were delays of up to 20 months in receiving radios and other components required to be furnished by Consultant under the Agreement, which caused unexpected delays in various processes including delivery of City vehicles, and led to the request for the first year's payment to be made much later than one year after commencement of the Agreement Term.

E. City and Consultant now seek to amend the Agreement to add products and services to the Scope of Services for an additional amount of $113,740.31 thereby increasing the total not to exceed contract sum to $333,674.85.

TERMS

1. Recitals. The Recitals set forth above are hereby incorporated into this Amendment No. 1 by this reference, as though fully set forth herein.

2. Defined Terms. All words, terms and phrases used or referenced in this Amendment No. 1, not expressly defined in this Amendment No. 1, shall have the same meaning ascribed to them in the Agreement.

01007.0001/992805.1

3. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through).

A. Section 2.1 (Contract Sum) of the Agreement is amended to read in its entirety as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses shall not exceed Three Hundred Thirty Three Thousand Six Hundred Seventy Four Dollars and Eighty Five Cents ($333,674.85) Two Hundred Nineteen Thousand Nine Hundred Thirty Four Dollars and Fifty Four Cents ($219,934.54) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. The amount of the Contract Sum attributable to the public works component of this Agreement (Tasks 1 and 2) shall not exceed Thirty Four Thousand Two Dollars and Twenty Nine Cents ($34,002.29) (“Public Works Contract Sum”).

B. Exhibit “A” (Scope of Services) of the Agreement is hereby amended to read in its entirety as follows:

See attached.

C. Exhibit “C” (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows:

See attached.

D. Exhibit “D” (Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows:

See attached.

4. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, shall remain unchanged and in full force and effect. From and after the date of this Agreement, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1.

5. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

01007.0001/992805.1
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

6. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

7. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

8. Counterparts. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 1. [Signatures on the following page]

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

CITY OF CARSON, a municipal corporation

Lula Davis-Holmes, Mayor
ATTEST:

01007.0001/992805.1
Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Sunny K. Soltani, City Attorney
[jo:rjl]
CONSULTANT:

MISSION CRITICAL INFORMATION
SYSTEMS, a California limited liability company

By: MCIS INC.

Name: Behzad Bamdad
Title: President/Secretary

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01007.0001/992805.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0001/992805.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0001/992805.1
EXHIBIT “A”

SCOPE OF SERVICES

I. Consultant will perform the following Services:

TASK 1 – PUBLIC SAFETY FULL INTEROPERABLE RADIO SOLUTION

REQUIREMENTS
A. Consultant shall develop and provide a primary and backup Emergency Operations Center full interoperable public safety radio solution for the City of Carson with patching/ access channel capabilities for nearly any desired private or public sector partner (pending their cooperation), including audio recording and dispatching. Project must include interoperability for DMR on VHF, UHF, and 8/ 900, and P25 Phase I and 11 interoperability on UHF2 and 8/ 900 and will be specifically tailored to City of Carson's unique current and future needs and industrial assets.

B. Contractor will include the installation of thirty eight (38)ten (10) Kenwood NX-5800K mobile radios (10 already in possession) in thirty eight (38)ten (10) vehicles along with antennas and needed parts. Solution will also include the radio template design, implementation, and programming services including portable batteries for two hundred two (202)one hundred and ten (110) Kenwood NX-5300K2 and thirty eight (38)ten (10) Kenwood NX-5800K radios (10 already in possession).

DESCRIPTION OF ITEMS AND SERVICES PROVIDED

1. PRIMARY AND BACKUP EOC FULL INTEROPERABILITY SYSTEM
No. Qty Description
1 4 Rohn BRM42510
2 1 Rohn Freight
3 4 Rohn BRM4PAD
4 4 Strut standoffs and misc HW
5 4 Ballast
6 4 Ballast Freight
7 1,200 LMIZ400 (incl extra line for future expansion)

01007.0001/992805.1
8 24 Feedline Terminations
9 4 Unity 8/ 900mhz + mounting kit
10 4 Unity UHF + mounting kit
11 2 Unity VHF + mounting kit
12 2 XPR5550e VHF capable
13 2 XPR5550 UHF capable
14 2 XPR5580e 8/ 900 capable
15 2 Dell 7424 Latitude Rugged Extreme Software Licensing 16 6 Rack Trays
17 6 Rack mount radio brackets
18 2 Rack mount master power supply
19 2 Enterprise Grade Network Switch
20 2 Carpeted rugged road rack
21 2 UPS 1500
22 2 SmartPTT Plus Core
23 6 SmartPTT RG 1000e gateway SPTTRG 1000
24 4 SmartPTT APX gateway licenses DSSMRTPTTAPX
25 6 SmartPTT Control Station connection DSSMRTPTTCS
26 6 SmartPTT RG 1000e XPR cables
27 4 SmartPTT RG 1000e APX cables
28 1 SmartPTT shipping
29 6 Savi W745 long range wireless headset incl spares for sanitary purposes
30 2 iLoud Micro production grade computer speakers (pair) + professional

USB DAC
31 4 Custom USB rugged foot switch for Console PTT incl spares

01007.0001/992805.1
32 60 EOC solution design. staging, configuration, testing, onsite implementation (engineering)
33 50 EOC solution installation, two locations (2 techs) 34 40 Radio template design, EOC base heavy customization and working w/ outside agency(s) as needed (engineering)
35 24 EOC solution training, on- site, and dedicated follow LIP support (hours)

2. MOBILE RADIO (KENWOOD NX-5800K) INSTALLATION FOR 38 10

VEHICLES
No. Qty Description
1 38 10 Mobile vehicle antennas
2 38 10 Mobile radio misc parts
3 114 30 Labor (hours)
4 5 Trip Fee (per vehicle install)

3. IMPLEMENTATION SERVICES FOR MOBILE PORTABLE RADIOS
No. Qty Description
1 16 Radio Template Design, including a detailed assessment of any currently used primary and miscellaneous conventional channels in use, and several revisions as requested by City (hours)

2 16 Radio Programming (tech time) for 202 110 Kenwood NX- 5300K2 38 10 Kenwood NX-5800K radios (hours)

TASK 2 - CARSON CITY HALL BI-DIRECTIONAL AMPLIFIER PROJECT

REQUIREMENTS

CITY HALL BI-DIRECTIONAL AMPLIFIER PROJECT
Contractor shall design, install, perform field adjustments, and fully test a BDA and DAS solution for the Carson City Hall basement. The BDA and DAS solution shall include 24-hour battery backup and provide the highest possible performance and interference rejection for both the current Disp 9 and LTAC 5 channels, and the entire LA- RICS South UHF Simulcast portion of the LA- RIGS radio system.

01007.0001/992805.1

DESCRIPTION OF ITEMS AND SERVICES PROVIDED
No. Qty Description
1 1 Bird Signal Booster 11 + NFPA compliant BDA with 24- hour battery backup, custom designed I. 5MHz U/L and D/L filter bandwidth fo entire LA -RIGS South UHF Simulcast frequency range and existing Dispatch 9 and LTAC 5 analog conventional frequencies
2 1 Bird Freight
3 1 Dedicated Rooftop antenna for BDA specifically tuned for LA-RICS South UHF Simulcast UHF frequency range for best performance, and support for existing Disp 9 and LTAC 5
4 1 Rohn BRM425 10
5 1 Rohn BRM4PAD
6 1 Ballast
7 1 Ballast Freight
8 1 Rohn Freight
9 2 2 antenna dedicated DAS system specifically tuned for LA- RICS South UHF Simulcast UHF frequency range for best performance 10 2 Carson Additional mounting and installation hardware 11 1 Auxiliary Backup Power Unit
12 1 DAS and rooftop antenna lines and terminations
13 24 Installation (hours)
14 8 Design. field tuning/ calibration, final testing and inspection including measurements and full testing of backup power failover / AC failure conditions (hours)

TASK 3 - MAINTENANCE REQUIREMENTS:

A. PREVENTATIVE MAINTENANCE
Consultant to periodically inspect and test mobile radios including battery replacement, EOC systems and BDA systems and equipment covered under the contract, The test inspections shall be made every six ( 6) months. In cases of equipment malfunction, or suspected malfunction, test inspections shall then run from the date of check out or repair and retest. Consultant further agrees

01007.0001/992805.1
to schedule all preventative maintenance and routine work by contacting the Contract Officer/ Emergency Services Manager of the City of Carson 48-hours in advance.

B. DESCRIPTION OF ITEMS FOR MAINTENANCE AND THE NO. OF UNITS No. Qty Description
1 2 Motorola XPR5550e VHF ( EOCs)
2 2 Motorola XPR5550e UHF ( EOCs)
3 2 Motorola XPR5580e 900MHz ( EOCs)
4 2 Motorola APX4500 900MHz ( EOCs)
5 2 Motorola APX8500 Mid Power (EOCs)
6 6 RG 1000e Rol P gateways ( EOCs)
7 38 10 Kenwood NX-5800K (Vehicles)
8 202 110 Kenwood NX-5300K2 (Portables)
9 1 Bird Custom 1, 5MHz Filter BW BDA system in Carson City Hall Basement
10 2 Dell Latitude Rugged Extreme 7424 and associated peripherals in both EOCs ( batteries excluded)
11 1 Full annual test of Bird UHF BDA performance and backup power battery health in Carson City Hall building
12 1 Full annual test of Primary EOC system,
13 1 Full annual test of Backup EOC system
14 202 110 1 X 2600 or greater mAh Li ion Battery replacement for NX - 5300K2 portable radios Power Products or Kenwood Brand
15 1 lx Full BDA backup battery replacement in Carson City Hall basement for Bird UHF BDA
16 4 1 x Del I Latitude 7424 Rugged Extreme Battery Replacement (each laptop requires two batteries)
Limitations: 5 entire housing / LCD replacements per year. Other part level repairs unlimited.

C. REPLACEMENT PARTS AND COMPONENTS
Consultant understands the emergency nature of the systems and related equipment and therefore agrees to maintain in stock all necessary supplies and parts, or shall have access to an immediate

01007.0001/992805.1
area supply source, so that prompt replacement and repairs may be made to provide continuity of service, and shall have sufficient test and maintenance equipment to make all tuning and adjustments necessary for the effective and efficient operation of the listed systems and equipment.

Only parts or components of the original manufacturer, or direct replacement parts containing not less than original identical characteristics, shall be used.

D. HOURS OF WORK

Consultant agrees to provide service both during City working hours ( 7:00 A.M. to 6:00 P.M., Monday through Thursday) and at such other times as required by the Contract Officer.

Consultant's technician shall coordinate with the Contract Officer to schedule work at least 48 hours before actual day of maintenance service.

The following shall apply to all work schedules:

1. 24 -Hour on call service - The EOC communication base stations and the Bi-Directional Amplifier (BDA) system will require " 24 -hr. on- call service." They shall be repaired and restored to their acceptable operation standards on an on- call basis 24 hours per day, 7-days per week, with a maximum response time by a qualified contractor technician of within two (2) hours of notification of equipment failure or service degradation.

2. 8 -Hour maintenance service - The inspection adjustments, repairs or restoration of the portable and mobile radio equipment will require " 8 -Hour maintenance service," with such services to commence no later than the beginning of normal working hours on the next work day following notification by the City.

3. Time and Material (T/M) maintenance - Adjustments, repairs, and restoration of the equipment and components that require " TIM Maintenance" shall be performed during normal work hours as requested by Consultant and approved by the City' s Contract Officer at the hourly labor rate bid.

E. PLACE OF MAINTENANCE AND REPAIR
Unless specific authorization is granted by the City for repair at other locations, Consultant agrees that maintenance and repair of EOC system, BDA system, related equipment and portable communication equipment and other installed equipment shall be done at the location of the equipment installation site. The City agrees to provide access, heat, light, and electrical power at all equipment locations. With respect to equipment located at remote sites, Consultant technicians shall first obtain keys to the appropriate site from the City' s Contract Officer at Carson City Hall, 701 E. Carson Street, Carson CA 90745, Upon completion of such work, Consultant shall lock the premises and immediately return keys to the City' s Contract Officer.

Any equipment that cannot feasibly be repaired in the installed equipment site (or at the installation site) shall be signed out and signed back in by the Contract Officer. Additionally, Consultant agrees to provide the City a receipt for all equipment to be moved to Consultant's shop. The said receipt shall indicate the date equipment is removed, description and serial number of the equipment, and

01007.0001/992805.1
signature of Consultant’s representative removing the equipment. The return and/ or reinstallation of all equipment shall be scheduled with the Contract Officer, 24 hours before actual return, who will sign the equipment back at City' s location.

Consultant agrees as part of the regular service, to temporarily replace the defective equipment with a City -owned spare, if available. Consultant shop repairs shall be made within a reasonable time in accordance with normal trade practices. The City may deduct from the monthly bill, the fixed rate fee for any equipment that has been removed from service and not repaired and returned within 30 days. Upon repair and return of the original equipment Consultant agrees to remove and return the spare unit to its normal storage.

F. CARE AND CUSTODY OF EQUIPMENT

Consultant agrees to the following:

a. Accept full responsibility for the security against loss or damage to any and all City equipment while in Consultant' s possession. All lost and damaged equipment shall be replaced by the Consultant with comparable and new equipment at the Consultant’s expense.

b. Report such damage or loss promptly to the City.

c. Reimburse the City for any such loss or damaged equipment.

d. The City shall not be held responsible for any of the Consultant' s equipment left onCity premises.

G. SERVICE TICKETS

At the time any equipment is serviced, the Consultant agrees to provide the Contract Officer with a service ticket for signature and copy retention. The ticket shall indicate the date, description and serial number of the equipment serviced, and the material, parts, and supplies furnished. If the City is to be charged for labor, material, parts and supplies outside the terms of this Agreement, all charges including labor to the nearest 1 hour and materials provided are to be clearly shown on the service ticket.

H. MAINTENANCE OF SERVICE RECORDS

Consultant agrees to maintain all records pertinent to service and maintenance performed on all equipment as may be required to comply with Federal Communications Commission Rules and Regulations.

01007.0001/992805.1
I. CONTRACTOR’S CERTIFICATION

On a semi- annual basis, Consultant will provide the, City with a written certification that all equipment has been regularly maintained in accordance with the standards of equipment manufacturer and FCC rules and regulations as required.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Handheld and mobile radio operations manual/ guide

B. BDA operations manual/ guide

C. EOC station operations manual/ guide

D. Written certification that all equipment has been regularly maintained in accordance with the standards of equipment manufacturer and FCC rules and regulations (semi- annual)

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Equipment maintenance report - semi-annual

B. Testing and maintenance schedule - annual

C. Any oral reports as requested by Contract Officer

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Behzad Bamdad

B. John Carr

C. Yoram Israel

01007.0001/992805.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 SUBTOTAL
Task 1 – Public
Safety
Interoperability
Radio Solution
$101,997.43
X

X
$103,542.29

X
$10,974.57
X X $114,516.86
Task 2 – Carson
City Hall Bi-
Directional
Amplifier Project
$31,527.75
$39,638.62

X

X X X

$39,638.62

Task 3 –
Maintenance
services
$15,910.00
X
$15,910.00

$15,910.00
$34,395.60

$15,910.00
$36,115.38

$15,910.00
$37,921.15

$124,342.13
SUBTOTAL $149,435.18 $15,910.00 $15,910.00 $15,910.00 $15,910.00 $213,075.18 $278,497.61

Task 1, Year 1 sales tax: $5,675.98$4,384.82

Task 2, Year 1 sales tax: $3,501.26$2,474.54

Task 3, Years 1-3 sales tax: $0.00

SUBTOTAL: $9,177.24

Installation for remaining vehicles which number 23 as of date of Amendment 1 $46,000.00*

*Cost is an amount not to exceed $2,000 per vehicle

GRAND TOTAL: $219,934.54
$333,674.85

01007.0001/992805.1

A more detailed breakdown follows where the annual service amount is $34,395.60:

QTY RATE AMOUNT

01007.0001/992805.1

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed $333,674.85$219,934.54 as provided in Section 2.1 of this Agreement.

01007.0001/992805.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Performance Period
A. Task 1 Years 2-31
B. Task 2 Year 12
C. Task 3 Years 2-51-5
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Handheld and mobile radio operations manual/guide
B. BDA operations manual/guide
C. EOC station operations manual/guide
D. Written certification that all equipment has been regularly maintained in accordance with the standards of equipment manufacturer and FCC rules and regulations (semi-annual)
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 21. To: Honorable Mayor and City Council From: Nora A. Garcia , Director of Public Safety & Emergency Management PS  Subject: CONSIDER APPROVING AN INCREASE TO THE LOS ANGELES COUNTY DEPARTMENT OFANIMAL CARE AND CONTROL (LADACC) CONTRACT (C19-104) AND ADOPTION OF RESOLUTION NO. 25-002, APPROVING THE BUDGET TRANSFER IN FISCAL YEAR 2024-2025 IN THE PUBLIC SAFETY BUDGETTO INCREASE THE ANIMAL CONTROL CONTRACT BUDGET (CITY COUNCIL) I. SUMMARY

Since 1968, the Los Angeles County Department of Animal Care and Control (LADACC) has been providing animal control services to the City of Carson. On June 18, 2024, the City Council approved the latest five-year service agreement and authorized the City Manager to execute the FY 2024/25 Service Level Agreement for full-time services until an in-house Animal Control Officer (ACO) is hired and trained.

Although a new ACO was successfully hired in June 2024, their employment was terminated in September 2024 due to unforeseen circumstances, which has made it necessary to continue the full-time service agreement.

Consequently, staff is requesting the City Council's approval for an increase to the LADACC contract and the adoption of Resolution No. 25-002. This resolution would allow the transfer of funds from Public Safety salary accounts within the FY 2024-2025 budget to the animal control account (Exhibit No. 1). These adjustments are crucial due to unexpected challenges affecting the animal control contract, such as recruitment delays and operational requirements. If approved, the city will be able to meet its financial obligations for animal control services through February 2025. At that time, staff will reassess the contract and may propose a mid-year funding request.

It is important to note that several factors—such as changes in the County billing method, the acquisition of a new vehicle, staff transitions, and the shift to full-service support—are directly impacting the cost of the animal care and control contract. The current projection represents the best estimate that staff can provide at this time, and they will continue to monitor the contract costs as needed.

II. RECOMMENDATION

1. APPROVE an increase to the Animal Care and Control (LADACC) contract.

2. ADOPT Resolution No. 25-002, A RESOLUTION OF THE CARSON CITY COUNCIL APPROVING THE FISCAL YEAR 2024-2025 BUDGET TRANSFER FOR PUBLIC SAFETY TO INCREASE CONTRACT BUDGET FOR THE ANIMAL CONTROL CONTRACT (C-19-104) BY $270,000
701 East Carson Street
III. ALTERNATIVES
TAKE any other action the City Council deems appropriate that is consistent with the requirement of law.

IV. BACKGROUND
Since 1968, the Los Angeles County Department of Animal Care and Control (LADACC) has been delivering animal control services to the City of Carson. During a meeting on June 18, 2024, the City Council approved the latest five- year service agreement and authorized the City Manager to execute the FY 2024/25 Service Level Agreement for full-time services until an in-house Animal Control Officer (ACO) is hired and trained (Exhibit No. 1).

A new ACO was successfully hired in June 2024; however, unforeseen circumstances led to the termination of their employment in September 2024, necessitating the continuation of the full-time service level agreement.

In light of this, staff is requesting that the City Council approve an increase to the LADACC contract and adopt Resolution No. 25-002. This resolution would facilitate the transfer of funds from Public Safety salary accounts within the FY 2024-2025 budget to the animal control account (Exhibit No. 1). These adjustments are crucial due to unexpected challenges affecting the animal control contract, such as recruitment delays and operational requirements. If approved, the city will be able to meet its financial obligations for animal control services through February 2025. At that point, staff will reassess the contract and may propose a mid-year funding request.

It is important to recognize that various factors—including changes in County billing methods, the purchase of a new vehicle, staffing changes, and the shift to full-service animal control—have impacted the projected costs associated with the animal care and control contract. As a result, staff finds it challenging to provide a precise cost projection for animal control services. The City Council should be aware that these projections reflect the best estimates currently available, and staff will continue to monitor and adjust the contract costs as necessary throughout the fiscal year and as long as the city remains contracted with LADACC.

Staff recommends that the City Council approve the proposed budget transfers by adopting Resolution No. 25-002, thereby amending the current budget to ensure sufficient funding for the animal control account for the remainder of FY 2024/25.

Account Descripon Increase/(Decrease)
101-55-592-100-5002PS Mgt&Contrl FT Sal ($74,292.00)
101-55-592-250-5002PS Code Enf FT Sal ($38,380.80)
101-55-593-138-5002PS Emerg Mgt FT Sal ($20,515.20)
101-55-593-157-5002PS ParkingEnf FT Sal ($28,268.80)
101-55-593-101-5002PS Operaons FT Sal ($105,423.26)
101-55-593-138-6004Professional Services ($3,119.94) 101-55-592-158-6004PS AnimalCont Pro Svcs $270,000.00

V. FISCAL IMPACT
If Council approves staff recommendation, funds in the amount of $270,000 need to be appropriated by processingthe budget transfer in Resolution No. 25-002 with no impact to the general fund as funds are being transferred fromsalary cost savings within the existing Public Safety accounts in the current Fiscal Year.

VI. EXHIBITS

1. Resolution No. 25-002

2. Cost Savings Analysis

Attachments
Exhibit No. 1 - Reso 25-002.pdf
Exhibit No. 2 Cost Savings Analysis.pdf

RESOLUTION NO. 25-002

A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL APPROVING BUDGET TRANSFER IN THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND WHEREAS, the City Council adopted the Fiscal Year 2024-25 (FY24-25) budget on June 18, 2024 for the General Fund and Special Revenue Funds of the City via Resolution No. 24-056; and

WHEREAS, the City Council desires to approve a budget transfer; and

WHEREAS, the City Council has determined it necessary to approve a budget transfer in the FY2024-25 General Fund budget to increase the Animal Control contract budget for the fiscal year.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The following budget transfer(s) will be made to the City’s FY2024-25 budget.

Account Description Increase/(Decrease)
101-55-592-100-5002 PS Mgt&Contrl FT Sal ($94,824.00)
101-55-592-250-5002 PS Code Enf FT Sal ($38,380.80)
101-55-593-157-5002 PS ParkingEnf FT Sal ($28,224.00)
101-55-593-101-5002 PS Operations FT Sal ($105,423.26)
101-55-593-138-6004 Professional Services ($3,147.94) 101-55-592-158-6004 PS AnimalCont Pro Svcs $270,000.00

Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY2024-25 budget on file, and effective as of January 21, 2025 the same shall be in force and effect.

PASSED, APPROVED, AND ADOPTED this 21st day of January 2025.

APPROVED

_________________________ ________________________
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor

ATTEST:

_______________________________
Dr. Khaleah K. Bradshaw, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-002 adopted by the City of Carson City Council at its meeting held on January 21, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMEBES:

ABSENT: COUNCIL MEMBERS:

_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
Position Desc Long Account Account Desc Hourly Rate Annual Salary Bi-Weekly Cost Savings Remaining Available Budget PUB SAFETY SVCS MGR 101-55-592-100-5002- PS Mgt&Contrl FT Sal 61.91$ 128,772.80$ 4,952.80 $ 74,292.00$ 54,480.80$ CODE ENFORCE OFFICER 101-55-592-250-5002- PS Code Enf FT Sal 37.47$ 77,937.60$ 2,997.60$ 23,980.80$ 53,956.80$ ANIMAL CNTRL OFFICER 101-55-592-250-5002- PS Code Enf FT Sal 30.00$ 62,400.00$ 2,400.00$ 14,400.00$ 26,400.00$ ADMIN. SPECIALIST 101-55-593-138-5002- PS Emerg Mgt FT Sal 42.74$ 88,899.20$ 3,419.20$ 20,515.20$ 68,384.00$ PARKING CNTRL OFC 101-55-593-157-5002- PS ParkingEnf FT Sal 25.24$ 52,499.20$ 2,019.20$ 28,268.80$ 24,230.40$ 101-55-593-101-5002PS Operations FT Sal 108,777.00$ 3,353.74 $ 105,423.26$ - $ 101-55-593-138-6004 Professional Services 3,119.94 $ 270,000.00$

COST SAVINGS ANALYSIS
Total Cost Savings

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 22. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director CS Parks & Recreation Subject: CONSIDER (1) ADOPTING RESOLUTION NO. 25-001 AMENDING THE FISCAL YEAR 2024/25BUDGET AND (2) APPROVING A CONTRACT WITH R3 PAINTING, FOR REPAIRS TO THE DEL AMO PARKMAIN BUILDING FLOORS FUNDED BY A LOS ANGELES COUNTY PROPOSITION A MAINTENANCE &SERVICING ALLOCATIONS GRANT ON A REIMBURSEMENT BASIS (CITY COUNCIL) I. SUMMARY
In 2014, the City of Carson was awarded a Proposition A grant by the Los Angeles County Regional Park and Open Space District (RPOSD) to make improvements at Del Amo Park. Areas renovated included the snack bar, roof, ball field, community recreation room, tennis court, and the playground.

There is a current Proposition A Maintenance & Servicing Allocations grant earmarked for the City of Carson by the RPOSD to support maintenance of previously-awarded grant projects. Staff submitted an application for use of these funds, and was subsequently approved by RPOSD for work to repair the meeting room, kitchen and office floors at Del Amo Park in the amount of $58,000 (Exhibit No. 1).

Staff is requesting that the City Council award and approve a Public Works Agreement with R3 Painting, a California corporation, to repair the floors at the facility (Exhibit No. 2). Specifically, the scope of work under the proposed contract includes removing flooring and providing epoxy flooring in all rooms of the main building of Del Amo Park. The not-to-exceed Contract Sum is $58,000, except that Change Orders in the amount of up to 10% of the Contract Sum ($5,800) may be approved by the City Manager or designee as provided in Section 1.12 of the contract. Additionally, staff is recommending that the City Council adopt Resolution No. 25-001 to amend the FY 2024/25 budget to allocate the grant funding for this work (Exhibit No. 3).

II. RECOMMENDATION
TAKE the following actions:

1. ADOPT Resolution No. 25-001, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 GENERAL FUND AND SPECIAL REVENUE BUDGET”;

2. APPROVE the attached Public Works Agreement between the City of Carson and R3 Painting (Exhibit No. 2; “Agreement”);
701 East Carson Street

3. AUTHORIZE the Mayor and/or City Manager to execute the Agreement following approval as to form by City Attorney; and

4. AUTHORIZE the City Manager or designee to submit and execute all documents necessary to ensure and obtain RPOSD reimbursement to the City for the Agreement work out of the Proposition A Maintenance & Servicing grant funding.

III. ALTERNATIVES
TAKE any other action the City Council deems appropriate, and consistent with the requirements of applicable law.

IV. BACKGROUND
The City of Carson was awarded a $253,000 Proposition A Grant from the Los Angeles County Regional Park and Open Space District (RPOSD) for the Del Amo Park Improvement Project in 2014.

The City of Carson also receives Proposition A Maintenance & Servicing funds from the RPOSD to support repairs from previously awarded grants (Exhibit 4).

The meeting room, kitchen and office floors at Del Amo Park need replacement. Staff submitted an application to RPOSD to request funds to support this project. The application was subsequently approved (Exhibit 1), and is now being brought to the City Council to utilize the award.

The proposed vendor, R3 Painting, was tentatively selected by staff to perform the repair work, which includes removal of 2,500 sq. ft. of existing vinyl composition tile (VCT) flooring, and replacement with an epoxy coating. The total not-to-exceed Contract Sum for this project, as provided in the proposed Agreement, is $58,000. As a public works contract under $60,000, the procurement is not subject to competitive bidding.

V. FISCAL IMPACT
Should the City Council approve the staff’s recommendation, the following accounts will record the expenditure and the grant reimbursement, per the proposed Resolution No. 25- 001. The total maximum amount RPOSD will reimburse Grantee for this Project is $58,000.00 including related reimbursable expenses.

General Ledger Account No. 222-80-840-102-7001, Maintenance & Repairs $58,000.00 VI. EXHIBITS

1. Approval from LA County Grant MSPROPA-CAR-0042. R3 Painting Public Works Agreement3. Resolution No. 25-0014. LA County Maintenance & Supplies Allocation Balance Prepared by: Mikala Mulitauaopele, Division Secretary, Tim Grierson, Recreation Superintendent, and Michael Whittiker, Jr., Director of Community Services/Recreation/Park Maintenance

Attachments
Approval from LA County Grant MSPROPA-CAR-004.pdf
R3 Painting Public Works Agreement
Resolution No. 25-001.pdf
LA County Maintenance & Supplies Allocation Balance
Outlook
Fw: WebGrants - Grant - MSPROPA-CAR-004 - Grant Status Change FromMartha Lopez <[email protected]>
Date Fri 11/22/2024 4:49 PM
To Christina Lutu <[email protected]>
Cc Tim Grierson <[email protected]>
1 attachment (6 KB)
Outlook-1490276776;
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good Aernoon Chrisna-
The applicaon for the M&S funds for flooring at Del Amo Community Center was approved.

The Grant No. assigned is MSPROPA-CAR-004.

Let me know if there are any quesons. Enjoy your weekend! Martha
Martha Lopez
LAC/Regional Park and Open Space District
Grants Unit
1000 S Fremont Avenue, Unit #40, Bldg A-9 East, Ground Floor Alhambra, CA 91803
(626) 588-5041 | [email protected]
NOTE: OFFICE CLOSED ON FRIDAYS

RPOSD.LACounty.gov | ParksProjects.LACounty.gov
Facebook.com/RPOSD | Twitter.com/RPOSD

From: [email protected] <[email protected]> Sent: Friday, November 22, 2024 4:40 PM
To: Martha Lopez <[email protected]>
Cc: Peter Liang <[email protected]>; Tracy Yu <[email protected]> Subject: WebGrants - Grant - MSPROPA-CAR-004 - Grant Status Change

CAUTION: External Email. Proceed Responsibly.
**** Do Not Respond to This Email ****
The status of the following Grant has changed:

Number: MSPROPA-CAR-004
Name: Various Carson Parks Grant #00326 - Flooring Repairs to Del Amo Park Program Area: Measure A
Grantee Organization: null
The status of the Grant has changed:

FROM: Awarded
TO: Underway
If this change requires your attention, you may log into the WebGrants grants management system at the following location:
https://grantfunding.rposd.lacounty.gov

01007.0006/1038686.3 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
R3 PAINTING

THIS PUBLIC WORKS AGREEMENT (“ Agreement”) is made and entered into this ____ day of ________, 2025, by and between the City of Carson, a California charter city (“City”) and R3 PAINTING, a California corporation (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. T he City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of th e services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Del Amo Park Epoxy Flooring (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations .

As used herein, “ Bid Documents” refers to Contractor’s Bid attached hereto as Exhibit A , all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof . In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern. -2-
01007.0006/1038686.3

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook” ) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) R
egistration with DIR . Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) P revailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) P enalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) P
ayroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) A
pprentices . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor -3-
01007.0006/1038686.3
shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) P enalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Wo
rkers ’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
-4-
01007.0006/1038686.3

1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement , which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, i ts officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the condit ions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a C lass I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made availab le to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
-5-
01007.0006/1038686.3
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system l ess effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own -6-
01007.0006/1038686.3
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City ’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the work ) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) d ays after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair , remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work .

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of s ubcontractors, suppliers and manufacturers with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enfo rce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the C ity, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change -7-
01007.0006/1038686.3
Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid . If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) M
aterials and Equipment : The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. -8-
01007.0006/1038686.3

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Fifty-Eight Thousand Dollars ($58,000.00) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. The Contract Sum shall be made in the form of progress payments subject to retention pursuant to Section 2.4.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor ’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made b y City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed -9-
01007.0006/1038686.3
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

-10-
01007.0006/1038686.3
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities sha ll be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within ten (10) business days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents , and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of se rvices performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination -11-
01007.0006/1038686.3
shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor ( “Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Tom Rivera ______________ President ________________
(Name) (Title)
Alberto Cervantes _________ Operations Manager _______
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’ s officers, employees or agents, shall -12-
01007.0006/1038686.3
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Freddy Loza, Public Works Superintendent Facilities & Fleet Maintenance, or any other person as may be designated by the City’s Director of Public Works or City Engineer. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City a nd shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
-13-
01007.0006/1038686.3
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) A
utomobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Wo rkers ’ compensation insurance . Contractor shall maintain Workers ’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) B uilder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or s pecifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub- limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery -14-
01007.0006/1038686.3
or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site. (e) Pollution Liability Insurance . Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) P
roof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers ’ compensation. Insurance certificates and endorsements must be approved by City’ s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certifie d copies of all required insurance policies, at any time.
(c) D
uration of C overage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) P
rimary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - -15-
01007.0006/1038686.3
contributory basis for the benefit of City before the City’ s own insurance or self -insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Wai
ver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers a nd insurance clauses from each of its subcontractors.
(g) E
nforcement of C ontract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R
equirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) N
otice of C ancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) A
dditional Insured S tatus. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of Undisclosed C overage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S
eparation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured -16-
01007.0006/1038686.3
against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A
gency ’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor’s compensation.
(o) S
elf -Insured Retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T
imely Notice of C laims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional I nsurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the resu lt of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are -17-
01007.0006/1038686.3
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.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third- party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement , Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager. -18-
01007.0006/1038686.3

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents r elating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. -19-
01007.0006/1038686.3

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “ documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -20-
01007.0006/1038686.3
Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT ; DEFAULT , SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.
-21-
01007.0006/1038686.3

7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal co nferences, non -binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim ” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contract ual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) S
upporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -22-
01007.0006/1038686.3
(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) M
ediation . Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -23-
01007.0006/1038686.3
(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) G
overnment Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) C
ivil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
-24-
01007.0006/1038686.3
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -25-
01007.0006/1038686.3
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. -26-
01007.0006/1038686.3
ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
-27-
01007.0006/1038686.3

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

-28-
01007.0006/1038686.3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a California charter
city
______________________________
David C. Roberts, Jr., City Manager

ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[ad; brj]
CONTRACTOR:

R3 PAINTING, a California corporation
*By: _______________________________
Name: Tom Rivera
Title: President

*By: _______________________________
Name: Alberto Cervantes
Title: Operations Manager

Address: 217 N Euclid Avenue
Ontario, California 91762

*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR ’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

01007.0006/1038686.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006/1038686.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006/1038686.3 A-1

EXHIBIT A
CONTRACTOR’S BID
Contractor’s bid is as follows, which includes application of prevailing wage rates:

The work will be performed in the City’s Del Amo Park Community building.

01007.0006/1038686.3

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

I. The first paragraph of Section 2.2 (Invoices) is amended as follows:
“City shall make an initial deposit in the amount of fifty percent (50%) of the Contract Sum upon issuance of the Notice to Proceed, which deposit shall be subject to refund if the Project is not completed as required by this Agreement. Upon completion of the project, Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.”
II. Subsection (a) (General Liability Insurance) of Section 5.1 (Insurance Coverage s) is amended as follows:
“(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $1,000,000 $5,000,000 per occurrence, $2,000,000 $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.”
III. Subsection (b) (Automobile Liability Insurance) of Section 5.1 (Insurance Coverages) is amended as follow:
“(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 $2,000,000 combined single limit for each accident.” IV. Subsection (d) (Builder’s Risk Insurance) of Section 5.1 (Insurance Coverages) is hereby deleted.

V. Subsection (e) (Pollution Liability Insurance) of Section 5.1 (Insurance Coverages) is hereby deleted.

01007.0006/1038686.3

EXHIBIT C

PERFORMANCE BOND
We, R3 Painting, a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Fifty-Eight Thousand U.S.

Dollars and Zero Cents ($58,000.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds i tself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably es timate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wis e affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

01007.0006/1038686.3
Executed this day of _________, ____.

Seal of Corporation _____________

By:____________________________________
Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]

_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006/1038686.3

EXHIBIT D

PAYMENT BOND

We, R3 Painting, a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Fifty-Eight Thousand U.S. Dollars and Zero Cents ($58,000.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq . of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

01007.0006/1038686.3
Executed this _____________ day of ___________, ______.

Seal of Corporation ______________

By:______________________________
Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number

_________________________ _____________________________ Street Number City and State

_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006/1038686.3

EXHIBIT E

INVOICE FORM

RESOLUTION NO. 25-001

Page 1 of 2 ends
← All documents from this meeting