Agenda packet — Carson City Council, March 18, 2025 (part 2 of 5)

RESOLUTION NO. 25-030

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

CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION(S) AND DECLARING THE CITY’S INTENTION TO APPLY FOR SOCIAL AND
ENVIRONMENTAL ENTREPRENEUR'S (SEE), INC’S REGION 9 EJ

THRIVING COMMUNITIES SUBGRANT (CITY COUNCIL)

WHEREAS, the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k), which provides federal financial assistance for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds; and

WHEREAS, the Brownfields Utilization, Investment, and Local Development (BUILD) Act (Public Law 115 -141) enacted in 2018 reauthorized the Brownfields Program of the Environmental Protection Agency (“EPA”) and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions; and

WHEREAS, the Federal Inflation Reduction Act of 2022 authorized the creation of the EPA’s Environmental Justice Thriving Communities Grantmaking Program, through which the EPA granted 600 million dollars to 11 selected Grantmakers to distribute via subgrants to pro vide environmental justice funding to local communities; and

WHEREAS, In December 2023, EPA selected Social and Environmental Entrepreneurs (“SEE”), Inc., to serve as the Grantmaker for California’s EPA Region 9; and

WHEREAS, the City of Carson (“City”) is an eligible local government for Region 9 EJ Thriving Communities Grant program funds; and

WHEREAS, on April 19, 2022, the City adopted Resolution No. 22 -068 formally declaring the City’s policy of prioritizing: 1) the remediation and development of environmentally challenged properties within the City, 2) Economic Development Programs facilitating suc h remediation and development, and 3) City cooperation with the property owners of environmentally challenged sites; and

WHEREAS, on September 19, 202 3, the City adopted its first Economic Development Strategic Plan which under Strategy 6.E calls for the development of partnerships with property owners to assess, investigate, and clean up contaminated sites, establishing Carson as a "national best-practices leader" in brownfield remediation and redevelopment; and

WHEREAS, to further the City’s policies of prioritizing remediation and development of environmentally challenged properties within the City, the City intends on submitting one or more applications for funding under the Region 9 EJ Thriving Communities Grant; and

RESOLUTION NO. 25-030

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WHEREAS, SEE may approve Region 9 EJ Thriving Communities Grant funding for the City, subject to the terms and conditions of the Program Guidelines, Grant Agreements , and other program related contracts between EPA, SEE, and the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.

2. Approval. The City Council hereby authorizes the City Manager, or his/her designee, to apply for the Region 9 EJ Thriving Communities Grant Program and execute an application or applications as well as any other documents necessary to secure funding from the Region 9 EJ Thriving Communities Grant Program, and otherwise take all actions and do all things which the City Manager or designee may deem necessary or desirable to accomplish the purposes of this Resolution that are not inconsistent with the provisions hereof.

3. Compliance with Laws . If City receives funds from SEE under the Region 9 EJ Thriving Communities Grant Program, it certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the Region 9 EJ Thriving Communities Grant Program, as well as any and all related Region 9 EJ Thriving Communities Grant Program related contracts City may have with SEE or the EPA.

4. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

5. Certification. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

6. Effective Date. This Resolution shall take effect immediately upon its adoption.

RESOLUTION NO. 25-030

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carson at a regular meeting held on the 18th day of March, 2025.

CITY OF CARSON:

____________________________
Lula Davis-Holmes, Mayor
ATTEST:

Dr. Khaleah Bradshaw, City Clerk

APPROVED AS TO FORM:

____________________________
Sunny K. Soltani, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF CARSON )

I, Dr. Khaleah Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-030, adopted by the City of Carson City Council at its meeting held on March 18, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_______________________________
Dr. Khaleah Bradshaw, City Clerk
CITY OF CARSON 701 East Carson Street
Report to Housing Authority
Tuesday, March 18, 2025, 5:00 PM
CONSENT 19. To: Housing Authority From: James Nguyen, Special Projects Manager HOUSING AUTHORITY Administration Subject: CONSIDER THE CARSON HOUSING AUTHORITY'S ANNUAL REPORT AS REQUIRED BY STATESENATE BILL 341 (HOUSING AUTHORITY) I. SUMMARY
The Carson Housing Authority (Authority) Annual Report (Report) provides information regarding the Authority’s activities with respect to its Low- and Moderate-Income Housing Assets Funds for Fiscal Year 2023-2024. The Report includes information on housing fund expenditures, real property held by the Authority and expenditure targeting by income level.

The Report has been prepared pursuant to California Health and Safety Code Section 34176.1(f), also referred to as Senate Bill 341 (SB 341).

II. RECOMMENDATION
TAKE the following actions:

1. RECEIVE and FILE.

III. ALTERNATIVES
TAKE another action the Authority Board deems appropriate.

IV. BACKGROUND
The City of Carson formed the Carson Housing Authority as a separate and legal entity by adoption of Resolution No. 11-035 on March 8, 2011, to provide safe, sanitary, and affordable housing opportunities for its residents. To ﬁnance the operations of the Authority, the Carson Redevelopment Agency adopted Resolution No. 11-017 to transfer its housing set-aside funds to the Authority. Since then, the Authority has been the responsible entity for housing monitoring, administration, and certain housing production requirements.

Upon the dissolution of redevelopment agencies throughout California on February 1, 2012, the Authority became the entity to oversee City’s housing programs that were part of the former RDA. Unlike successor agencies that are charged with winding down the affairs of the former redevelopment agencies, the Authority is charged with monitoring and maintaining existing low- and moderate-income housing assets and meeting outstanding requirements for former redevelopment agencies.

The dissolution ceased the set-aside of 20 percent of tax increment revenues to fund housing projects. As such, the primary sources of funding for the Authority are income received from assets held; principal and interest payments on any funds the Agency/Authority has loaned; land sale proceeds; and interest income.

These funds are also collectively referred to as the Low and Moderate Income Housing Asset Funds (LMIHAF).

Since its effective date of January 1, 2014, SB 341 imposed new housing expenditure and reporting requirements on the Authority. Subsequently SB 107, enacted in September 2015, provided additional changes to the reporting requirements of SB 341. The Authority is responsible for providing the SB 341 (and SB 107) Annual Report to the Authority Board for subsequent posting on the City’s website and submittal to the State of California Department of Housing and Community Development (HCD).

FY 23-24 Annual Report Overview
The Authority’s Report provides information regarding the Authority’s activities in Fiscal Year 23-24 and includes both the requirements of SB 341 and SB 107. A summary of key sections in the Authority’s Report (“Exhibit No. 1”) is provided below. Additionally, Appendix 2 of the Report provides the overview of the separate items the Authority must report.

Housing Fund Deposits: Amounts deposited by the Authority into the housing asset fund for the entire Fiscal Year 23-24 was $2,123,254.

Housing Fund Balance: The Fund Balance in the housing asset fund as of June 30, 2024, is $9,752,711.

Land Held for Resale: The statutory value of land held for resale by the Authority in Fiscal Year 23-24 was $571,938 for the contiguous properties at 526 W. Carson Street and 21704 S. Figueroa Street, across from the Veteran’s Village Project. The Authority purchased the properties from the Successor Agency on June 26, 2018, for future housing development.

Home-ownership Unit Inventory: As of June 30, 2024, there were 100 restricted for sale units in the City of Carson that contain deed restrictions and had received assistance from the Authority or Former Agency: 11 units at Magnolia Walk; 19 units within the VEO Project and 70 First Time Homebuyer Program units.

As required by SB 341, the numbers included in this Report were taken from the Authority’s latest audited ﬁnancial statements, which are included in the City’s Annual Comprehensive Financial Report (ACFR) for FY 23-24.

Notable SB 341 Expenditure Requirements
Expenditure Requirements Required by 34176.1(a):

The Authority’s expenditure of its LMIHAF must be in accordance with the requirements of SB 341 and SB 107, which establishes a priority order of how funds must be spent by categories summarized below:

1. Recognized Obligation Payment Schedule (ROPS). Funds received from the Successor Agency for items listed on the ROPS (Item 72 & 73) are expended to meet those obligations. The remaining Housing Authority obligation funded through the ROPS process is the annual rental subsidy tied to the Avalon Courtyard and the Carson Terrace affordable housing projects, completed in 1995 and 2000, respectively. In FY 23-24, the Authority spent $219,091 on these projects.

2. Administration and Monitoring. LMIHAF can be used for purposes of monitoring and preserving the long- term affordability of units subject to affordability restrictions or covenants entered into by the former redevelopment agency or the Authority. The Authority spent $430,087 in FY 23-24 in this category. The maximum allowable administrative expenditure is $3,506,935 for FY 23-24, which is capped at 5.0% of statutory value of real property based $70,138,694 valuation.

3. Homeless Prevention and Rapid Rehousing Services. After administration and monitoring, LMIHAF can be used for homeless prevention and rapid rehousing services for individuals and families who are homeless or at risk for becoming homeless. The Authority spent $11,458 in this category for FY 23-24. The maximum allowable expenditure amount is $250,000 per ﬁscal year.

4. Affordable Housing Development. All remaining funds must be used towards the development of affordable housing. Speciﬁcally, this means deed restricted multifamily housing projects as deﬁned in Government Code Section 33413. Key requirements include:

A. No funds can be spent on moderate income households, deﬁned as incomes between 81% and 120% of area median income, adjusted for family size.

B. No more than 20% of funds in this category can be spent on housing for low-income households with income between 60% and 80% of area median income, adjusted for family size.

C. A minimum of 30% of funds in this category must be spent on rental housing for extremely low-income households deﬁned as incomes at or below 30% of area median income, adjusted for family size.

D. In addition to the minimum 30% described above, the remaining 50% of funds must be spent on certain low income, very low-income, and extremely low-income households with incomes below 60% of area median income, adjusted for family size.

The Authority is required to demonstrate compliance of this section 34176.1(a) every ﬁve years. If the Authority fails to comply with the extremely low-income requirement (previously described under 4c.) in any ﬁve-year report, then the Authority must spend at least 50 percent of these remaining funds each ﬁscal year towards the development of rental housing affordable to household earning 30 percent or less of the area median income until the Authority demonstrates compliance with the extremely low-income requirement in an annual report.

The FY 18-19 Annual Report includes a section on compliance with the income targeting requirements for the Authority’s ﬁve-year period from January 1, 2014, to June 30, 2019. The Authority demonstrated compliance under the ﬁrst ﬁve-year period. This Report includes the next compliance period starting from July 1, 2019, to June 30, 2024. Given that no expenditures were made during this second ﬁve-year period for affordable housing development, the Authority remains compliant.
10-Year Period for Test Required by 34176.1(b):

There is also a requirement for complying with age restrictions. If the number of assisted units that are restricted to seniors exceeds 50 percent of the units assisted within a 10-year rolling period, the Authority cannot assist any additional senior housing projects until the number of family (non-senior) units is at least 50 percent of the total units assisted. For the 10-year rolling period ending in 2024, 35 percent of the units assisted by the Authority were senior units. Therefore, the Authority met the 10-Year Period test requirement.

Table 6 of the Report provides the detailed view of the 10-Year Period Test.

V. FISCAL IMPACT
None.

VI. EXHIBITS

1. FY 24-25 Annual Report, prepared by RSG, Inc.

Attachments
Exhibit No. 1 - SB 341 Report FY 23-24.pdf
HOUSING SUCCESSOR ANNUAL REPORT Carson Housing Authority as Housing Successor Fiscal Year 2023-24

Carson Housing Authority Housing Successor Annual Report 2023-24 2 TABLE OF CONTENTS
TABLE OF CONTENTS ................................ ................................ ................................ .................... 2 INTRODUCTION ................................ ................................ ................................ ............................. 3 HOUSING SUCCESSOR ................................ ................................ ................................ .................. 3 SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT ................................ .......................... 3 ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR ................................ ............................. 3 BACKGROUND ................................ ................................ ................................ ............................... 4 LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS ................................ .............. 4 PERMITTED USES OF HOUSING ASSET FUNDS ................................ ................................ ............ 5 LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS) ................................ 7 HOUSING ASSET FUND ACTIVITY ................................ ................................ ................................ .. 8 DEPOSITS ................................ ................................ ................................ ................................ ...... 8 ENDING CASH AND FUND BALANCE ................................ ................................ .............................. 9 PROJECTS FUNDED BY ROPS ................................ ................................ ................................ ....... 9 HOUSING SUCCESSOR PORTFOLIO ................................ ................................ ............................ 10 COMPLIANCE WITH EXPENDITURES & PRODUCTION LIMITS ................................ ..................... 12 PROPORTIONALITY REQUIREMENTS ................................ ................................ .......................... 12 SENIOR RENTAL HOUSING LIMIT COMPLIANCE ................................ ................................ ........ 14 EXCESS SURPLUS ................................ ................................ ................................ ....................... 15 OTHER INFORMATION ................................ ................................ ................................ ................. 16 TRANSFERS TO OTHER HOUSING SUCCESSORS ................................ ................................ ....... 16 HOUSING PRODUCTION AND HOUSING REPLACEMENT ................................ ............................. 16 HOMEOWNERSHIP UNIT INVENTORY ................................ ................................ .......................... 16 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ................................ ................................ ..... 18 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS ................................ . 19 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS ................................ .... 20 Carson Housing Successor Annual Report 2023-24 3

INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) represents information on Fiscal Year (“FY”) 2023-24 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure activities over the year as well as a five- and ten-year planning period.

HOUSING SUCCESSOR
The Carson Housing Authority (“Housing Authority”) is the Housing Successor Agency (“Housing Successor”) to the former Carson Redevelopment Agency (“Agency”), which was dissolved with all other agencies statewide by the Legislature in 2012. At the time of dissolution, a housing successor was to be selected for transfer of, and to be responsible for , the remaining assets and liabilities of a former redevelopment agency. The Housing Successor is responsible for maintaining housing assets transferred from the former Agency. Its main goal is to provide affordable housing for the City of Caron (“ City”) residents.

SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the Housing Authority’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five -year, and ten-year housing expenditure and production requirements. The Housing Successor is subject to income proportionality in a five-year compliance period (FYs 2019- 20 through 2023 -24). The Annual Report details progress meeting requirements through FY 2023-24.

The Housing Authority’s audited financial statements will be posted on the City website when available.

This report is an addendum to the Housing Element Annual Progress Report required by Government Code Section 65400, which is submitted to HCD by April 1 annually.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepa red a Housing Asset Transfer (“H AT”) form that provided an inventory of all housing assets transferred from the Agency to the Housing Successor.

Carson Housing Successor Annual Report 2023-24 4
This included:

1. Real properties;

2. Low and Moderate Income Housing Fund (“LMIHF”) encumbrances;

3. Rents and Operations; and

4. Loans/Grants receivables.

All items on the HAT were approved by the California Department of Finance (“DOF”) on March 2, 2013.

It is important to distinguish that Housing Successor assets that were not transferred from the former Agency or generated by or purchased with assets from the former Agency, are not subject to HSC Section 34176.1. A copy of the HAT is provided as Appendix 1.

BACKGROUND
This section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report.

LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS
In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high unencumbered Housing Asset Fund balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of the DO F
approving the HAT.

Appendix 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

Carson Housing Successor Annual Report 2023-24 5
PERMITTED USES OF HOUSING ASSET FUNDS Pursuant to HSC Section 34176.1, former Agency assets and the revenues generated by those assets, are maintained in a Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”).1 The Housing Asset fund replaced the former Agency’s Low and Moderate Income Housing Fund. Housing Asset Funds may be spent on: • Administrative costs for the operation of the housing successor agency. The law allows a housing successor to spend the greater of: o $200,000 per year adjusted annually for inflation, or o 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater. The $200,000 per year adjusted for inflation in FY 2023-24 is $263,100. The Housing Successor’s FY 2023-24 Portfolio value was $70,138,694 of which 5% is $3,506,935. The FY 2023-24 administrative cost limit is the higher figure of $3,506,935. • Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. The Housing Authority is eligible for this expense because the former Agency had met its inclusionary housing and replacement housing production requirements upon dissolution. • Affordable housing development assisting households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period. Five-Year Income Proportionality on Development Expenditures: Any Housing Asset Funds may be spent on development of affordable housing projects affordable to low, very low, and extremely low income households. “Development” is defined as “new construction”, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the 1 The Housing Asset Fund replaced the former Agency’s Low and Moderate Income Housing Fund.

Carson Housing Successor Annual Report 2023-24 6
preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years. Over each five-year compliance period, the current one beginning July 1, 2019, at least 30 percent of such development expenditures must assist extremely low income households (30% of AMI), while no more than 20 percent may assist low income households (between 60-80% of AMI). The balance of the funds may be used on very low income households (defined as households earning between 30% and 60% of AMI). The Housing Successor was in compliance with the first five-year compliance period which was January 1, 2014 through June 30, 2019. The second, and current, five-year compliance period is July 1, 2019 to June 30, 2024. Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% of AMI, as long as it was 20 percent or less of the total expenditures during the five-year compliance period. Should a housing successor not spend at least 30% of its development expenditures for extremely low income households, or exceeds the amount spent on low income households, future expenditures are subject to greater restriction until these proportionality targets are met. Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low income units cannot spend any further funds on low income developments until it is at or below the 20% threshold. As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report. Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing. It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes:

Carson Housing Successor Annual Report 2023-24 7
• One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance evaluated annually and resets every year.
• Five-Year Limit: Expenditures by Income Level. Compliance evaluated over a fixed five -year period set by law, the current period is July 1, 2019, to June 30, 2024. • Ten-Year Limit: Number of Senior Deed -Restricted Units Assisted. Compliance evaluated based on a rolling ten-year period that is different every year.

Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category.

LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS

SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds to be transferred to HCD for use on State housing programs.

HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
• $1,000,000, or
• The total amount of deposits made into the Housing Asset Fund over the preceding four years.

Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.

As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

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HOUSING ASSET FUND ACTIVITY This section summarizes the Housing Asset Fund activities of the Housing Successor for FY 2023-24. In 2022, the City in partnership with the County of Los Angeles formed the Carson Enhanced Infrastructure Financing District (“EIFD”). The Carson EIFD aims to support needed public infrastructure, low and moderate income and workforce housing, rehabilitation, and environmental mitigation and remediation of brownfields of properties. With regards to housing, the Carson EIFD implements a 20% affordable housing set-aside for the acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income, as defined in Sections 50105 and 50093 of the Health and Safety Code, for rent or purchase as further described in the adopted Infrastructure Financing Plan (IFP). The Carson EIFD governing board, the Public Financing Authority (PFA), would coordinate with the Carson Housing Authority for the implementation and administration of these funds and projects. This action may provide the Housing Authority with an ongoing source of revenue for housing related projects in the future. DEPOSITS The total cash deposited by the Housing Authority into the Housing Asset Fund for FY 2023-24 was $2,065,960 (as seen in Table 1), a small portion of which was for ROPS related expenditures.

Balance Type Amount
Interest Income 1,833,250
Rehab Loan Payoffs 13,349
FTHB Loan Payments 57,565
Miscellaneous -
Operating Transfer in 219,091
Total 2,123,254$
Table 1: Housing Asset Fund Deposits, 2023-24
1: The amount differs from the Financial Report because it reflects total cash that was received for the fiscal year and does not include certain offsetting accounting entries that reduce the amount of revenue recognized (Source City of Carson).

Carson Housing Successor Annual Report 2023-24 9

ENDING CASH AND FUND BALANCE
As shown in Table 2, as of June 30, 2024, the Housing Asset Fund balance was approximately $9.8 million. Of this amount, approximately $7.6 million in cash is available to the Housing Authority.

PROJECTS FUNDED BY ROPS
There are two obligations of the Housing Authority that are funded through the Recognized Obligation Payment Schedule (“ROPS”) ROPS process. Those obligations are annual rental subsidies tied to the Avalon Courtyard and the Carson Terraces affordable housi ng projects, completed in 1995 and 2000, respectively. The Avalon Courtyard affordable housing project has an affordability period of 55 years per the Second Amendment to the Disposition and Development Agreement and thus the obligation expires in 2050. The Carson Terraces project has an affordability period of 40 years per the Amendment to the Regulatory Agreement and thus the obligation expires in 2040. The rental subsidies are ongoing with annual expenditure requirements in each year that are fairly consistent. In FY 23-24, the ROPS schedule reported the Housing Authority received $233,844 for rental subsidies . The Housing Authority spent $219,091 in FY 23-24 on rental subsidies. In FY 2013-14, there were three housing related enforceable obligations that were funded through the ROPS process, however starting in FY 2014-15, one of those obligations (housing bond debt service) is being accounted for as an obligation of the Agency and not the Housing Authority, leaving only the remaining rental subsidy obligations.

Balance Type Amount
Cash 7,599,760
Claim Cash (5,300)
Investments -
Accounts Receivable 7,914
Loans and Interest Receivable 69,566,756
Land Held for Resale 571,938
Due From Other Funds 50,897
Liabilities (68,039,254)
Ending Balance1 9,752,711$
Table 2: Housing Asset Fund - Ending Balance as of June 30, 2024 1: Does not include $3,774,178.67 in funds of restricted investment with fiscal agent related to tax allocation bonds.

Source: City of Carson
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HOUSING SUCCESSOR PORTFOLIO The Housing Successor Portfolio as of FY 2023-24 includes two properties at 21704 S. Figueroa Street and 526 W. Carson Street valued at $412,781 and $159,157 respectively. It also includes several loans receivable transferred from the former Agency. The Portfolio had a value of $70,138,694 as of FY 2023-24, as detailed in Table 3 below.

REAL PROPERTIES AND DISPOSITION STATUS A listing of the properties Housing Authority held as of June 30, 2024, is included in Table 4. All land held by the Former Redevelopment Agency for housing purposes has been previously sold by the Authority. All of the property currently owned by the Housing Authority was purchased during FY 2017-18. HSC Section 34176.1(e) requires all real properties acquired by a redevelopment agency prior to February 1, 2012, and transferred to the housing successor to be developed pursuant to the requirements detailed in HSC Section 33334.16. All property that falls within these parameters must be developed for affordable housing purposes or sold by March 2, 2018. All the Housing Authority’s properties purchased before redevelopment dissolution were sold by December 2016. As such, the Housing Authority complies with these requirements. Properties purchased by the Housing Authority since redevelopment dissolution and continued to be owned are not subject to the time limitations described above. The March 2, 2018, disposition deadline does not apply to the property currently owned because it was purchased by the Housing Authority after February 1, 2012.

Asset Amount
Real Properties
Value of Real Properties 571,938
Subtotal 571,938
Loans Receivable
Value of Loans Receivable and Interest 69,566,756
Subtotal 69,566,756
Total Portfolio Value 70,138,694$
Source: City of Carson
Table 3: Housing Successor Real Property and Loans Receivable Portfolio Carson Housing Successor Annual Report 2023-24 11
LOANS RECEIVABLE A listing of the loans receivable held by the Housing Authority as of June 30, 2024 is included in Table 5. Table 5 does not include the interest for the loans receivable. The Housing Authority currently holds thirteen loans with a total principal balance of $61.1 million. Two of the First Time Homebuyer loans were paid off fully in 2023-24.

HAT Item
No. Address Statutory
Value Status / Desired Action
3 21704 S. Figueroa Street 1 412,781$ For Affordable Housing 4 526 W. Carson Street 1 159,157$ For Affordable Housing

REMAINING PROPERTIES
Table 4: Properties Transferred from the Former Redevelopment Agency 1 These properties were originally acquired by the Former Redevelopment Agency for non-housing purposes in 2001, then were transferred to the Successor Agency in 2011 and then sold to the Housing Authority in 2018.

Date of
Loan Original AmountInterest
Rate
Maturity
Date Balance at June 30, 2024
1Thomas L Safran/Senior Housing 1/27/09 13,900,000 0% 12/31/67 13,900,000 2Carson/Terrace 1/8/20 4,115,366 2.09% 12/31/77 4,033,454 3Carson Housing (Villaggio II) 9/1/99 2,611,587 3% 1/1/39 3,361,587 4Grace Housing 7/1/99 4,123,756 3% 1/1/39 4,123,756 5East Carson Housing Partners 6/15/10 8,794,500 0.50% 7/1/67 7,737,386 6East Carson Housing Partners
(phase II) 11/21/13 4,885,446 0.50% 11/20/68 4,814,220 7Avalon Courtyard 8/1/95 2,681,000 5% 12/31/36 2,681,000 8Qualified Buyers - Olson Urban
Hsng LLC 7/12/12 2,630,495 0% 7/12/57 420,000 9Affirmed Housing Group, Inc 12/12/12 4,200,000 0.50% 3/5/69 4,200,000 10AHGI Sepulveda Senior Housing 12/2/16 2,765,000 3% 7/1/74 2,765,000 1121205 Carson Arts LP 2/21/17 4,200,000 3% 4/1/55 4,200,000 12Carson Figueroa Affordable
Housing LP 12/1/17 6,128,000 3% 12/1/72 6,128,600 13First Time Homebuyer Loans Variable Variable 0% Variable 2,764,183 Total Loans Receivable $ 61,129,186
Table 5: Loans Receivable
Name
Carson Housing Successor Annual Report 2023-24 12
COMPLIANCE WITH EXPENDITURES & PRODUCTION LIMITS The Housing Authority expended a total of $430,087 for administrative costs and a total of $11,458 on homeless prevention during FY 2023-24. The Housing Successor was in compliance with all annual and five- to ten-year planning period requirements as described in this section. PROPORTIONALITY REQUIREMENTS The Housing Successor fully complied with the Housing Asset Fund spending restrictions during the previous five-year compliance period of January 1, 2014 through June 30, 2019. As summarized in Figure 1 below, the Housing Successor has also fully complied with all the Housing Asset Fund spending restrictions for the current reporting period: • The Housing Successor expended $430,087 on allowable administrative costs and was below the maximum limit amount of $3,506,935. The annual limit is the greater of $200,000 plus inflation ($263,100 in 2023-24) or 5% of the Housing Successor Portfolio balance. As shown in Table 3 earlier, the Portfolio balance is $70,138,694, of which 5% is $3,506,935. • The Housing Successor expended $11,458 on homeless prevention in FY 2023-24. The Housing Successor was in compliance with the $250,000 spending restriction. • For FY 2023-24 the Housing Successor did not spend any funds on affordable housing development costs, so it complies with the five-year income proportionality targets.

Carson Housing Successor Annual Report 2023-24 13
The Housing Successor will ensure it meets all expenditure requirements going forward. The next five-year compliance period is July 1, 2024 through June 30, 2029. Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Successor having to ensure that 50 percent of remaining funds be spent on extremely low-income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in the Housing Successor not being able to expend any funds on this income category until in compliance.

Admin/ Homeless < 30% 31-59% 60-80% Total
Monitoring PreventionAMI Rental AMI AMI
Prior Year's Compliance
FY 2019-20 $415,048 $0 $0 $0 $0 $0
FY 2020-21 $286,328 $0 $0 $0 $0 $0
FY 2021-22 $355,686 $80,300 $0 $0 $0 $0
FY 2022-23 $334,166 $5,179 $0 $0 $0 $0
FY 2023-24 $430,087 $11,458 $0 $0 $0 $0
Totals $1,821,315 $96,937 $0 $0 $0 $0
Compliance Period
FY 2023-24 $430,087 $11,458 $0 $0 $0 $0
Compliance Period Total
Expenditures $1,821,315 $96,937 $0 $0 $0 $0
SB 341 Limitation $3,506,935 $250,000 >30% N/A <20% N/A Compliant (Yes/No) Yes Yes Yes N/A Yes N/A
Source: City of Carson, Fund 221 Expenditure Report
Figure 1: Fiscal Year 2023-24 Housing Asset Fund Expenditures Annual Limits
FY 2023-24
Five-Year Limits
July 1, 2019 - June 30, 2024
January 1, 2014 - June 30, 2019
Carson Housing Successor Annual Report 2023-24 14
SENIOR RENTAL HOUSING LIMIT COMPLIANCE The Housing Successor is compliant with the limit allowing no more than 50 percent of the total aggregate number of rental units produced within the preceding ten years to be restricted to seniors. The Housing Successor, Authority, and former Agency assisted 184 deed-restricted rental units in the last ten years, 64 of which are restricted to seniors, less than 50 percent. Table 6 details the four projects assisted in the last ten years and reports that 35% of the deed restricted units are senior units.

Property Year Assisted Senior Units%Non-Senior
Units % Total Units
Via 425 - Phase II 401 E. Carson Street2013 0 0% 40 100% 40 Veteran's Village 600 W. Carson Street2017 0 0% 40 100% 40 Carson Arts Colony 21205 Main Street2017 0 0% 40 100% 40 Affirmed Housing 401 Sepulveda Blvd.2015 64 100% 0 0% 64 Total 64 35% 120 65% 184
Total Deed-Restricted Senior Units: 35%
Source: City of Carson
Table 6: Deed Restricted Units Assisted in Last 10 years Carson Housing Successor Annual Report 2023-24 15
EXCESS SURPLUS As shown in Table 7, the Housing Authority does not have an excess surplus. For the purpose of calculating the excess surplus, the fund balance as reported in Table 1 has been adjusted to deduct the amount of funds for 2023-24 that the Housing Authority received after the end of the FY. In addition, the amount of other obligations and bond proceeds held by the Housing Authority are also deducted as they should not be a part of the excess surplus calculation.

Step 1: Determine Unencumbered Cash Balance From Financials FY 23-24 Beginning Cash Balance 5,598,413$
Less: Encumbered Funds
Unencumbered Amount 5,598,413$
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or 1,000,000$
Last 4 Years' Deposits 5,634,435$
2022-23 971,618$
2021-22 1,371,832$
2020-21 1,401,287$
2019-20 1,889,698$
Result: Larger Number 5,634,435$
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount 5,598,413$
(2) Less: Larger Number from Step 2 5,634,435$
Excess Surplus None
Source: City of Carson
Table 7: Excess Surplus Calculation
Carson Housing Successor Annual Report 2023-24 16

OTHER INFORMATION

TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project pursuant to HSC Section 34176.1(c)(2).

HOUSING PRODUCTION AND HOUSING REPLACEMENT
SB 341 requires the annual reporting by the housing successor to contain a description of any progress that has been made on meeting any of the outstanding replacement housing obligations and/or housing production requirements (pursuant to Health and Safet y Code Section 33413) that were outstanding at the time of transfer to the housing successor on February 1, 2012. The housing projects assisted by the Former Agency more than met both of these obligations. Specifics on compliance with these obligations were included in the Annual Report prepared for the 2013-14 fisc al year (dated August 21, 2015) and
is available on the Housing Authority's website. As Housing production and replacement requirements ceased when the Former Agency was dissolved, the Authority does not need to demonstrate its compliance with these requirements on an annual basis.

HOMEOWNERSHIP UNIT INVENTORY
SB 341 requires that the Authority report on the number of for-sale housing units the Former Agency or the Authority has assisted that are subject to covenants and restrictions. The annual reporting is to include the number, reason and dollars received by the Authority as a result of the loss of any units that has occurred over the year. The Housing Authority received a loan payoff of $175,564.26 for the First Time Homebuyers program in November of 2023. Prior to redevelopment dissolution, the only homeownership units assisted by the Former Agency or the Authority were units assisted by the First Time Homebuyers Program. The First Time Homebuyers program currently reports 70 affordable units, Magnolia Walk, which reports 1 1 affordable units, and the VEO Project , reports 19 affordable units based on the compliance monitoring completed in 2024.

Carson Housing Successor Annual Report 2023-24 17
Name Deed
Restrictions1
No. of
Affordable
Units at
6/30/24
Revenue
Received by
the Authority 2
Reason for
Sale
Magnolia Walk 45 Years 11 N/A N/A
VEO Condominiums 45 Years 19 N/A N/A
First Time Homebuyers 30 or 45 Years 70 N/A N/A
Total Homeownership Units 100
Table 8: Homeownership Unit Inventory
(1) The units are restricted as to resale unless the funds loaned by the Former Agency/Successor Agency are repaid in full.
(2) Includes principal and interest the Authority received in the fiscal year for the units that sold. The interest amounts would likely have been received even if the units had not been refinanced.

Carson Housing Successor Annual Report 2023-24 18
APPENDIX 1 – HOUSING ASSET TRANSFER FORM
The HAT form is attached.

Former Redevelopment Agency: Carson Redevelopment Agency Successor Agency to the Former
Redevelopment Agency: Carson Successor Agency
Entity Assuming the Housing Functions
of the former Redevelopment Agency: Carson Housing Authority Entity Assuming the Housing Functions
Contact Name: Jeff F. Westbrook Title Manager Phone 310.233.4821 [email protected] Entity Assuming the Housing Functions
Contact Name: Amelia Soto Title Project Manager Phone 310.233.4823 [email protected] The following Exhibits noted with an X in the box are included as part of this inventory of housing assets:

Exhibit A - Real Property X
Exhibit B- Personal Property
Exhibit C - Low-Mod Encumbrances X
Exhibit D - Loans/Grants Receivables X
Exhibit E - Rents/Operations X
Exhibit F- Rents
Exhibit G - Deferrals
Prepared By: Trinidad H. Catbagan
Date Prepared: 7/30/12
E-Mail Address
E-Mail Address
All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list.

DEPARTMENT OF FINANCE

HOUSING ASSETS LIST
ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484
(Health and Safety Code Section 34176)
Exhibit A - Real Property
Item # Carrying Value of Asset
Total square footage
Is the property encumbered by a low-mod housing covenant? Source of low-mod housing covenant b/
Date of transfer to Housing Successor Agency
Construction or acquisition cost funded with Low-Mod Housing Fund monies Construction or acquisition costs funded with other RDA funds Construction or acquisition costs funded with non-RDA funds Date of construction or acquisition by the former RDA
Interest in real property (option to purchase, easement, etc.) 1 $1,783,47295,832 NO N/A 1/19/12 $0 $1,783,472$0 11/16/2001(acquisition)FEE 2 $4,905,94050,965 NO N/A 1/19/12$2,452,970 Acquisition$2,452,970 Acquisition$0 10/16/2008(acquisition)FEE 3 $336,29911,761 NO N/A 1/19/12 $0 $336,299 $0 7/9/2001(acquisition)FEE 4 $129,6674,356 NO N/A 5/10/12 $0 $129,667 Acquisition$0 1/10/2002(acquisition)FEE 5 $503,76016,988 NO N/A 1/19/12 $0 $503,760 Acquistion$0 11/20/2001(acquisition)FEE 6 $51,2252,178 NO N/A 1/19/12 $0 $51,225 Acquisition$0 10/2/2003(acquisition)FEE 7 $8,208,777352,836 YES CRL 1/19/12$3,100,000 Acquisition$5,108,777 Acquisition$0 12/1/2003(acquisition)FEE/DDA 8 $561,2007,405 YES CRL 1/19/12 $0 $561,200 Acquisition$0 6/20/2006(acquisition)FEE/DDA 9 $1,348,35914,810 YES CRL 1/19/12 $0 $1,348,359 Acquisition$0 11/29/2007(acquisition)FEE/DDA 10 $1,269,04540,075 YES CRL 1/19/12$2,630,495Acqus/Const$0 $0 7/20/2012(construction began)COVENANT 11 $2,712,34943,560 YES CRL & TAX CREDITS5/10/12$6,912,349Acqus/Const$0 $0 5/17/2006(acquisition)FEE/DDA 12 $529,02410,454 NO N/A 1/19/12$529,024 $0 $0 9/12/2005(acquisition)FEE 13 $398,9055,227 NO N/A 1/19/12$398,905 $0 $0 3/4/2008(acquisition)FEE 14 $462,6284,791 NO N/A 1/19/12$462,628 $0 $0 10/15/2008(acquisition)FEE 15 $343,6773,684 NO N/A 1/19/12$343,677Acquisition$0 $0 3/18/2011(acquisition)FEE 16 $0 76,230 YES CRL & TAX CREDITSN/A $8,974,500Construction$0 $0 6/1/2012(constructioncomplete)COVENANT 17181920
Vacant Real Property for Low-Mod Housing
Vacant Real Property for Low-Mod Housing
Vacant Real Property for Low-Mod Housing
Vacant Real Property for Low-Mod Housing
Low-Mod Housing
Vacant Real Property for Mixed Income HousingVacant Real Property for Mixed Income Vacant Real Property for Mixed Income Housing Low-Mod Housing
Low-Mod Housing
Vacant Real Property for Low-Mod Housing
Vacant Real Property for Low-Mod Housing
Vacant Real Property for Low-Mod HousingVacant Real Property for Low-Mod HousingVacant Real Property for Low-Mod Housing 4,356
16,988
2,178
22,509
see #7
see #7
40,075
43,560
10,454
2671 E. Tyler St.
542 E. Carson St.City View Project
526 W. Carson St.
76,230
21704 Figueroa St.
2535 E. Carson St.Olson Project
21227 S. Figueroa St.Affirmed Project
21009 S. Prospect Ave.
2673 E. Tyler St.
2677 E. Tyler St.
600 & 610 W. Carson St.600 Block - West Carson St.
616 E. Carson St.City View Project
550 E. Carson St.City View Project
415 - 437 E. Carson St.
b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.

City of CarsonInventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Type of Asset a/
Vacant Real Property for Low-Mod Housing
a/ Asset types may include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. 5,227
4,791
3,684
Square footage reserved for low-mod housingLegal Title and Description 95,832
50,965
11,761
615 E. Carson St.
21521 Avalon Blvd.

Exhibit B - Personal Property
Item #
Carrying Value
of Asset
Date of
transfer to
Housing
Successor
Agency
Acquisition
cost funded
with Low-Mod
Housing Fund
monies
Acquisition
costs funded
with other RDA
funds
Acquisition
costs funded
with non-
RDA funds
Date of
acquisition by
the former
RDA
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
a/ Asset types any personal property provided in residences, including furniture and appliances, all housing-related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds.

City or County of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Type of Asset a/ Description
Exhibit C - Low-Mod Encumbrances
Item #
Contractual
counterparty
Total amount
currently
owed for the
Enforceable
Obligation
Is the property
encumbered
by a low-mod
housing
covenant?
Source of
low-mod
housing
covenant b/
Current owner
of the
property
Construction
or acquisition
cost funded
with Low-Mod
Housing Fund
monies
Construction or
acquisition
costs funded
with other RDA
funds
Construction
or acquisition
costs funded
with non-RDA
funds
Date of
construction or
acquisition of
the property
1 In-Town
Communities,
LLC (Olson)
$1,328,495 YES CRL
In-Town
Communities,
LLC (Olson)
$2,630,495
(Acq/constru) $0 $0 7/20/2012
(start Date)
2 East Carson
Housing
Partners, LP
$498,921 YES CRL & Tax
Credit
East Carson
Housing
Partners, LP
$8,974,500 $0 $0 06/01/12
(completed)
3 Affirmed
Housing Group,
Inc.
$6,912,349 YES CRL & Tax
Credit
Carson
Housing
Authority
$6,912,349
(Acq/Constru) $0 $0 10/01/2012
(start date)
4 Cityview 616
East Carson,
LLC
$3,250,000 YES CRL & HOME
Carson
Housing
Authority
See Note No. 1See Note No. 1 $0 03/01/12
(start date)
5 LNR 9,200,000 YES CRL LNR $9,200,000 $0 $0 12/15/14
6 7
8 9
10 11
12 13
14 15
17 18
19 20
NOTE
Low-Moderate
Housing
Low-Moderate
Housing
Mixed-Income
Housing with
Commercial Space
Low-Moderate
Housing
City of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Date contract for
Enforceable
Obligation was
executed
Type of housing
built or acquired
with enforceably
obligated funds a/
Low-Moderate
Housing 6/7/11
1/11/10
3/1/11
2/16/11
7/25/06
a/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.
1) Refer to Exhibit 'A', rows 7, 8 & 9
Item #
Amount of the loan
or grant
Date the loan or
grant was
issued
Purpose for
which the funds
were loaned or
granted
Are there
contractual
requirements
specifying the
purposes for which
the funds may be
used?
Repayment date,
if the funds are
for a loan
Interest rate
of loan
Current
outstanding
loan balance
1 $13,900,000 06/02/10 Thomas L Safran Low Mod Housing YES 12/31/67 0% 13,900,000$ 2 $2,243,588 10/01/98 Carson Terrace Low Mod Housing YES 12/26/30 3% 2,243,588$ 3 $3,361,587 09/01/97 Carson Housing Limited Partnership Low Mod Housing YES 1/1/39 3% 3,361,587$ 4 $4,123,756 07/01/99 Grace Housing Limited Partnership Low Mod Housing YES 1/1/39 3% 4,123,756$ 5 $8,295,579 03/09/11 East Carson Housing Partners, LLC Low Mod Housing YES 3/8/66 1% 8,295,579$ 6 $2,681,000 09/01/95 Thomas Safran and Associates Low Mod Housing YES 12/31/36 5% 2,681,000$ 7 8
9 10
11 12
13 14
15 16
17 18
19 20
LOAN
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Exhibit D.1 - Loans/Grants Receivables
City of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Person or entity to whom the loan
or grant was issued
Was the Low-Mod
Housing Fund
amount issued for a
loan or a grant?
Exhibit D.2 - Loans/Grants Receivables
Item #
Amount of the
loan or grant
Date the loan
or grant was
issued
Purpose for
which the
funds were
loaned or
granted
Are there
contractual
requirements
specifying the
purposes for
which the funds
may be used?
Repayment
date, if the
funds are for a
loan
Interest
rate of
loan
Current
outstanding
loan balance
1 $23,998 12/24/96 Refer to Note No. 1 below. EQUITY YES 30 3% $23,998.00 2 $23,998 01/27/97 Refer to Note No. 1 below. EQUITY YES 30 3% $23,998.00 3 $15,780 02/12/97 Refer to Note No. 1 below. EQUITY YES 30 3% $15,780.00 4 $15,780 02/27/97 Refer to Note No. 1 below. EQUITY YES 30 3% $15,780.00 5 $11,250 03/06/97 Refer to Note No. 1 below. EQUITY YES 30 3% $11,250.00 6 $23,700 03/05/98 Refer to Note No. 1 below. EQUITY YES 30 3% $23,700.00 7 $21,735 06/29/98 Refer to Note No. 1 below. EQUITY YES 30 3% $21,735.00 8 $30,000 03/04/99 Refer to Note No. 1 below. EQUITY YES 30 3% $30,000.00 9 $8,300 10/29/99 Refer to Note No. 1 below. EQUITY YES 30 3% $8,300.00 10 $25,850 05/02/01 Refer to Note No. 1 below. EQUITY YES 30 5% $23,461.60 11 $25,850 08/02/01 Refer to Note No. 1 below. EQUITY YES 30 5% 24,381.63 12 $25,580 10/04/01 Refer to Note No. 1 below. EQUITY YES 30 5% $25,442.90 13 $25,100 10/30/01 Refer to Note No. 1 below. EQUITY YES 30 5% $24,530.35 14 $25,850 08/23/02 Refer to Note No. 1 below. EQUITY YES 30 5% $25,850.00 15 $25,800 04/01/03 Refer to Note No. 1 below. EQUITY YES 30 5% $25,800.00 16 $25,850 08/08/03 Refer to Note No. 1 below. EQUITY YES 30 5% $25,850.00 17 $50,000 12/01/04 Refer to Note No. 1 below. EQUITY YES 30 5% $50,000.00 18 $50,000 05/13/05 Refer to Note No. 1 below. EQUITY YES 30 5% $50,000.00 19 $50,000 07/15/05 Refer to Note No. 1 below. EQUITY YES 30 5% $50,000.00 20 $50,000 07/21/05 Refer to Note No. 1 below. EQUITY YES 30 5% $50,000.00 21 $100,000 04/26/06 Refer to Note No. 1 below. EQUITY YES 30 5% $100,000.00 22 $100,000 05/03/07 Refer to Note No. 1 below. EQUITY YES 30 5% $100,000.00 23 $100,000 05/31/07 Refer to Note No. 1 below. EQUITY YES 30 0% $100,000.00 24 $100,000 06/18/07 Refer to Note No. 1 below. EQUITY YES 30 5% $100,000.00 25 $100,000 05/16/08 Refer to Note No. 1 below. EQUITY YES 45 5% $100,000.00 26 $67,000 05/20/08 Refer to Note No. 1 below. EQUITY YES 30 5% $67,000.00 27 $150,000 06/13/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 28 $150,000 06/26/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 29 $150,000 08/01/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 30 $115,000 08/27/08 Refer to Note No. 1 below. EQUITY YES 45 5% $115,000.00 31 $100,000 09/08/08 Refer to Note No. 1 below. EQUITY YES 45 5% $100,000.00 32 $150,000 09/11/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00LOAN LOAN
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Person or entity to whom the
loan or grant was issued
City of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Was the Low-Mod
Housing Fund
amount issued for
a loan or a grant?
LOAN
33 $140,000 09/11/08 Refer to Note No. 1 below. EQUITY YES 45 5% $140,000.00 34 $150,000 09/15/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 35 $140,000 09/25/08 Refer to Note No. 1 below. EQUITY YES 30 5% $140,000.00 36 $145,000 09/29/08 Refer to Note No. 1 below. EQUITY YES 45 5% $145,000.00 37 $147,000 10/06/08 Refer to Note No. 1 below. EQUITY YES 45 5% $147,000.00 38 $150,000 10/27/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 39 $135,000 10/27/08 Refer to Note No. 1 below. EQUITY YES 45 5% $135,000.00 40 $147,000 10/30/08 Refer to Note No. 1 below. EQUITY YES 45 5% $147,000.00 41 $150,000 10/31/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 42 $150,000 11/04/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 43 $150,000 11/06/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 44 $90,000 11/07/08 Refer to Note No. 1 below. EQUITY YES 45 5% $90,000.00 45 $150,000 11/14/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 46 $150,000 11/17/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 47 $102,200 11/20/08 Refer to Note No. 1 below. EQUITY YES 45 5% $148,350.00 48 $81,000 11/20/08 Refer to Note No. 1 below. EQUITY YES 45 5% $81,000.00 49 $131,000 11/20/08 Refer to Note No. 1 below. EQUITY YES 45 5% $131,000.00 50 $150,000 11/21/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 51 $150,000 11/24/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 52 $150,000 12/08/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 53 $150,000 12/08/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 54 $150,000 12/09/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 55 $109,000 12/15/08 Refer to Note No. 1 below. EQUITY YES 45 5% $109,000.00 56 $150,000 12/16/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 57 $150,000 12/19/08 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 58 $128,000 12/26/08 Refer to Note No. 1 below. EQUITY YES 45 5% $128,000.00 59 $150,000 01/12/09 Refer to Note No. 1 below. EQUITY YES 45 5% $150,000.00 60 $100,000 01/25/09 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 61 $100,000 01/27/09 Refer to Note No. 1 below. EQUITY YES 45 5% $100,000.00 62 $121,000 02/18/09 Refer to Note No. 1 below. EQUITY YES 45 5% $121,000.00 63 $100,000 03/01/09 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 64 $100,000 11/02/09 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 65 $82,801 03/12/10 Refer to Note No. 1 below. EQUITY YES 45 0% $82,801.00 66 $81,155 05/07/10 Refer to Note No. 1 below. EQUITY YES 45 0% $81,155.00 67 $100,000 05/07/10 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 68 $100,000 05/26/10 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 69 $100,000 05/27/10 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 70 $100,000 06/15/10 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 71 $55,678 06/28/10 Refer to Note No. 1 below. EQUITY YES 45 0% $55,678.00 72 $80,150 07/02/10 Refer to Note No. 1 below. EQUITY YES 45 0% $80,150.00 73 $100,000 08/20/10 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 74 $75,000 10/05/10 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 LOAN
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LOAN
LOAN
75 $75,000 10/21/10 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 76 $75,000 04/01/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 77 $44,415 04/01/11 Refer to Note No. 1 below. EQUITY YES 45 0% $44,415.00 78 $75,000 04/01/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 79 $75,000 04/01/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 80 $75,000 05/10/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 81 $75,000 08/30/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 82 $75,000 09/02/11 Refer to Note No. 1 below. EQUITY YES 45 0% $75,000.00 83 $100,000 04/15/12 Refer to Note No. 1 below. EQUITY YES 45 0% $100,000.00 NOTE
for review by the DOF.

LOAN
LOAN
1) Names of these private parties are on record with the Carson Housing Authority and are available LOAN
LOAN
LOAN
LOAN
LOAN
LOAN
LOAN
Exhibit E - Rents/Operations
Item #
Type of
property with
which they
payments are
associated b/
Property
owner
Entity that
collects the
payments
Entity to which
the collected
payments are
ultimately
remitted
Purpose for
which the
payments
are used
Is the
property
encumbered
by a low-mod
housing
covenant?
Source of low-
mod housing
covenant c/
Item # from
Exhibit A the
rent/operation
is associated
with (if
applicable)
1 Low-Mod
Housing
Grace
Housing
LTD
Carson
Housing
Authority
Carson Housing
Authority Operations YES CRL
2 Low-Mod
Housing
Carson
Terrace, LP
Carson
Housing
Carson Housing
Authority Operations YES CRL
3 Low-Mod
Housing
Carson
Housing
LTD
Carson
Housing
Authority
Carson Housing
Authority Operations YES CRL
4 Low-Mod
Housing
Carson City
Center
Senior
Housing LP
Carson
Housing
Authority
Carson Housing
Authority Operations YES CRL
5 Low-Mod
Housing
East Carson
Housing
Partners
Carson
Housing
Authority
Carson Housing
Authority Operations YES CRL
6 Low-Mod
Housing
In-Town
Communities
, LLC
Carson
Housing
Authority
Carson Housing
Authority Operations YES CRL
7 8
9 10
11 12
13 14
15 16
17 18
19 20
Residual Receipts
Residual Receipts
Conditional Loan
Repayment
Residual Receipts
City or County of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Type of payment a/
Residual Receipts
Residual Receipts
b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.
a/ May include revenues from rents, operation of properties, residual receipt payments from developers, conditional grant repayments, costs savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits.

Exhibit F - Rents
Item #
Type of
property with
which the
payments are
associated b/
Property
owner
Entity that
collects the
payments
Entity to which
the collected
payments are
ultimately
remitted
Purpose for
which the
payments
are used
Is the
property
encumbered
by a low-mod
housing
covenant?
Source of low-
mod housing
covenant c/
Item # from
Exhibit A the
rent is
associated with
(if applicable)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
City or County of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.

Type of payment a/
a/ May include rents or home loan payments.

Exhibit G - Deferrals
Item #
Fiscal year in
which funds
were deferred
Amount
deferred
Interest
rate at
which
funds were
to be
repaid
Current
amount owed
Date upon which
funds were to be
repaid
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
City or County of Carson
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Purpose for which
funds were deferred
Carson Housing Successor Annual Report 2023-24 19
APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS Health and Safety Code Section 34176.1(f) Housing Asset Fund Revenues & Expenditures Total amount deposited in the Housing Asset Fund for the fiscal year. Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”). Statement of balance at the close of the fiscal year. Description of Expenditures for the fiscal year, broken out as follows: • Homeless prevention and rapid rehousing • Administrative and monitoring • Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project. Other Assets and Active Projects Description of any project(s) funded through the ROPS. Update on property disposition efforts (note that housing successors may only hold property for up to five years, unless it is already developed with affordable housing). Other “portfolio” balances, including: • Statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund • Value of loans and grants receivable Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low and Moderate Income Housing Fund. Obligations & Proportionality Description of any outstanding production obligations of the former Agency that were inherited by the Housing Successor. Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle. Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Successor, or the City within the past ten years compared to the total number of units assisted by any of those three agencies. Amount of any excess surplus, and, if any, the plan for eliminating it.

Carson Housing Successor Annual Report 2023-24 20
APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE

REQUIREMENTS
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and Compliance
Monitoring
Annual Limit
$3,506,935
maximum for FY
2023-24 (limit varies
each year)
Administrative activities such as:
• Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration
• Compliance monitoring to ensure compliance with affordable housing and loan agreements
• Property maintenance at Housing Successor -owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

Homeless
Prevention
and
Rapid
Rehousing
Solutions
Annual Limit
$250,000
maximum per fiscal
year
• Services for individuals and families who are homeless or would be homeless but for this assistance, including:
• Contributions toward the construction of local or regional homeless shelters
• Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance
• Security or utility deposits
• Utility payments
• Moving cost assistance
• Credit repair
• Case management
• Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become
homeless.

Affordable
Housing
Development
No spending limit, but
must comply with
income and
age targets
“Development” includes:
• New construction
• Acquisition and rehabilitation
• Substantial rehabilitation
• Acquisition of long -term affordability covenants on
multifamily units
• Preservation of at -risk units whose affordable rent
restrictions would otherwise expire over the next five years

Carson Housing Successor Annual Report 2023-24 21
Health and Safety Code Section 34176.1 Expense Category Limits Allowable Uses Income Targets Fixed Five-Year Compliance Period (FY 2019-20 to 2023-24) Every five years (currently FYs 2020-2024), Housing Asset Funds must meet income targets: • At least 30% on extremely low income rental households (up to 30% AMI or “Area Median Income”) • No more than 20% on low income households (60-80% AMI) Moderate and above moderate income households may not be assisted (above 80% AMI). Failure to comply with the extremely low income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance. Age Targets Rolling Ten-Year Period For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors. If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 18, 2025, 5:00 PM
CONSENT 20. To: Honorable Mayor and City Council From: Joshua Boudreaux, Director of Human Resources HR Administration Subject: CONSIDER RESOLUTION NO. 25-037 APPROVING THE SUCCESSOR MEMORANDUM OFUNDERSTANDING BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE,COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) FULL-TIME UNION, LOCAL 809 (CITY COUNCIL) I. SUMMARY
The City Council previously approved the Memorandums of Understanding (MOUs) between the City of Carson and the American Federation of State, County, and Municipal Employees (AFSCME) Union, Council 36, Local 809, through Resolution No. 22-224 on November 1, 2022.

Following the City Council's direction, the City's negotiating team has engaged in good-faith discussions, as required by state law, with representatives of the AFSCME Local 809 Full-Time unit to draft and present a successor MOU for the 2024-2028 period. The attached resolution is submitted for City Council's approval of the proposed MOUs covering the period from July 1, 2024, to June 30, 2027.

Additionally, the City's negotiating team is in the ﬁnal stages of completing MOUs with AFSCME Local 809 Part- Time and AFSCME Local 1017; as well as SEIU represented bargaining groups in the city (CPSA and AME).

II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 25-037, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARSON, CALIFORNIA, APPROVING THE UPDATED SUCCESSOR MEMORANDUM OF UNDERSTANDING (WITH

UPDATED SALARY TABLE) BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES UNION (AFSCME), LOCAL 809 FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027."
III. ALTERNATIVES
TAKE another action that City Council deems appropriate.

IV. BACKGROUND
The previous Memorandum of Understanding between the City of Carson and AFSCME Local 809 full time employees expired June 30, 2024. The parties began negotiating the successor MOUs. The labor relation representatives of the City and AFSCME Local 809 bargaining unit's have prepared successor MOU's by attached resolutions for approval, adopting and implementation.

The City's negotiation team appreciates the time and effort that AFSCME Local 809 bargaining unit representatives have devoted in achieving these successor collective bargaining agreements. Staff also thanks bargaining units memberships for their patience during this lengthy process to obtain an approved successor MOU. Through the meet and confer process, management staff were able to negotiate various terms and deal points. Namely, the most signiﬁcant concession included the following cost of living adjustments:

Cost of Living Increases-Compensation:

FY 2024/2025 6% COLA retro to July 1, 2024
FY 2025/2026 4% COLA effective July 1, 2025
FY 2026/2027 4% COLA effective July 1, 2026

Additional provisions and concessions where tentatively agreed to with the bargaining unit and are included in Resolution No. 25-037 and the attached MOU (exhibit 1).

V. FISCAL IMPACT
There is no ﬁscal impact related to adoption of this resolution and execution of the MOU as all related costs have already been incorporated in the Fiscal Year 2024-2025 adopted budget. This has been incorporated in the 2024- 2025 budget.

VI. EXHIBITS

1. Resolution No. 25-037-MOU AFSCME Local 809 Full-Time

2. AFSCME Local 809 Full-Time Salary Tables

Attachments
Exhibit No. 1- Resolution No. 25-037-MOU AFSCME Local 809 Full Time Exhibit No. 2-AFSCME Local 809 Full-Time Salary Tables
01007.0004/899540.1
RESOLUTION NO. 25-037

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARSON, CALIFORNIA, APPROVING THE UPDATED

SUCCESSOR MEMORANDUM OF UNDERSTANDING (WITH

UPDATED SALARY TABLE) BETWE EN THE CITY OF

CARSON AND THE AMERICAN FEDERATION OF STATE,

COUNTY, AND MUNICIPAL EMPLOYEES UNION (AFSCME),
LOCAL 809 FOR THE PERIOD OF JULY 1, 2024 THROUGH
JUNE 30, 2027
WHEREAS, the City of Carson (“City”) has and continues to recognize the American Federation of State, County and Municipal Employees Union (“AFSCME”), Council 36, Local 809 as the sole exclusive bargaining agent for those City employees designated as being in the Clerical and Technical Unit, the Crafts and Trades Unit, and the Professional/Middle Management Unit for all matters concerning wages, hours and working conditions; and WHEREAS, the most current Memorandum of Understanding (“MOU”) between the City and AFSCME expired on June 30, 2024; and
WHEREAS, the City’ s labor relations representatives and AFSCME representatives successfully met and conferred to negotiate a successor MOU between the parties pursuant to both the Meyers-Milias-Brown Act, Government Code Sections 3500 et seq., and the City’s Employer- Employee Relations Resolution No. 85-107 (“EERR”), and jointly prepared and executed a Tentative Agreement dated March 11, 2025 for a successor memorandum of understanding (Tentative Agreement), which was approved by City Council’s adoption of Resolution No. 22-216 on October 18, 2022; and
WHEREAS, on November 1, 2022 the City Council adopted Resolution No. 22-224, approving the successor memorandum of understanding between the City and AFSCME 809 for the period July 1, 2021 through June 30, 2024 (“AFSCME 809 MOU”); and WHEREAS, the City has recently updated the salary table for the AFSCME 809 MOU and has also updated a few sections of the AFSCME 809 MOU (collectively, “Updated AFSCME 809 MOU”), such that the salary tables will be effective r etroactively from the effective date of the CPSA MOU from July 1, 2024; and
WHEREAS, AFSCME 809 ratified the Updated AFSCME 809 MOU by a vote of its membership, and the AFSCME 809 representatives have executed the same, such that the Updated AFSCME 809 MOU can be considered by the City Council; and W
HEREAS, the City Council now desires to approve the Updated AFSCME 809 MOU.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

R
esolution 25-037

Page 2 ends

01007.0004/899540.1
S
ection 1. The foregoing recitals are true and correct and are incorporated by reference herein.

Section 2. The City Council approves the Updated AFSCME 809 MOU, a copy of which is attached hereto as Attachment 1 and authorizes the City Manager to execute the same.

Section 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 4. This Resolution shall be effective immediately upon its passage and adoption.

PASSED, APPROVED and ADOPTED this 18th day of March, 2025. ____________________________________

Lula Davis-Holmes, Mayor
AP
PROVED AS TO FORM:
______________________________

Sunny K. Soltani, City Attorney
A
TTEST:
______________________________

Dr. Khaleah K. Bradshaw, City Clerk
R
esolution 25-037

Page 3 ends

01007.0004/899540.1
S

TATE 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. 25-037, was passed and approved by the City Council of the City of Carson at its meeting held on March 18, 2025, by the following vote:

AYE
S:

NOES:

ABSENT:

ABSTAIN:
____________________________________

Dr. Khaleah K. Bradshaw, City Clerk
R
esolution 25-037

Page 4 ends

01007.0004/899540.1
A
TTACHMENT 1
U
pdated AFSCME 809 MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF CARSON
AND

THE AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES UNION (AFSCME),
COUNCIL 36, LOCAL 809

JULY 1, 2024 THROUGH JUNE 30, 2027

ADOPTED BY RESOLUTION NO. 25-037

(RESCINDS AND REPLACES RESOLUTION NO. 22-224)

APPROVED MARCH 18, 2025

AFSCME 809 (FT) MOU 2024-2027

01007.0004/830517.1
Table of Contents
ARTICLE I RECOGNITION ......................................................................................................... 1 ARTICLE II DEFINITION OF TERMS ........................................................................................ 1 SECTION 1 - ACTING DUTY: ......................................................................................... 1 SECTION 2 - CLASSIFICATION: .................................................................................... 1 SECTION 3 - DAY: ............................................................................................................ 1 SECTION 4 - DEPARTMENT: .......................................................................................... 1 SECTION 5 - DEPARTMENT DIRECTOR: ..................................................................... 2 SECTION 6 - DOMESTIC PARTNERSHIP: .................................................................... 2 SECTION 7 - FULL-TIME: ............................................................................................... 2 SECTION 8 - IMMEDIATE FAMILY: ............................................................................. 2 SECTION 9 - LEAVE: ....................................................................................................... 2 SECTION 10 - MANAGEMENT: ...................................................................................... 2 SECTION 11 – PAY PERIOD: .......................................................................................... 3 SECTION 12 - POSITION: ................................................................................................ 3 SECTION 13 - PREVAILING PAY RATE: ...................................................................... 3 SECTION 14 - SENIORITY: ............................................................................................. 3 SECTION 15 - TENURE: ................................................................................................... 3 SECTION 16 - UNIT MEMBER: ....................................................................................... 3 SECTION 17 - WORKDAY: .............................................................................................. 3 SECTION 18 - WORKWEEK: ........................................................................................... 3 SECTION 19 - WORK SCHEDULE: ................................................................................ 3 ARTICLE III COMPENSATION ................................................................................................... 4 SECTION 1 - SALARY: ..................................................................................................... 4 a. FY 2024/2025 6% Cost -of-living-adjustment (COLA) (Retro to July 1, 2024) ........................................................................................................................ 4 b. FY 2025/2026 4% Salary increase .......................................................................... 4 c. FY 2027/2028 4% Salary Increase .......................................................................... 4 SECTION 2 - CLASS A/B LICENSE PAY: ...................................................................... 4 SECTION 4 - JOB SERIES: ............................................................................................... 4 SECTION 5 - DIFFERENTIAL PAY FOR CERTAIN “SENIOR”
CLASSIFICATIONS: ............................................................................................. 8 SECTION 6 - SHIFT DIFFERENTIAL PAY: ................................................................... 8 SECTION 7 - ACTING DUTY PAY: ................................................................................ 8 SECTION 8 - SALARY ADVANCEMENT: ................................................................... 10 SECTION 9 - ALLOWANCE FOR MILEAGE: ............................................................. 11 SECTION 10 - BILINGUAL USAGE PAY: ................................................................... 11 SECTION 11 - UNIFORM DISTRIBUTION: ................................................................. 11 SECTION 12 - COURT SERVICE COMPENSATION: ................................................. 12 SECTION 13 - PAY AND PAYCHECK DISTRIBUTION: ........................................... 12 SECTION 14 - OVERPAYMENT REMEDY: ................................................................ 12 SECTION 15 - OVERTIME POLICY: ............................................................................ 13 SECTION 16 - WORKDAY: ............................................................................................ 13 SECTION 17 - OVERTIME COMPENSATION: ............................................................ 13 SECTION 18 - OPPORTUNITY TO WORK OVERTIME: ............................................ 14 SECTION 19 - HOLIDAY COMPENSATION: .............................................................. 14 SECTION 20 - ADDITIONAL COMPENSATION FOR
AFSCME 809 (FT) MOU 2024-2027

01007.0004/830517.1
CERTIFICATES/LICENSES: .............................................................................. 14 SECTION 21 –home telephone calls: ............................................................................... 15 ARTICLE IV BENEFITS ............................................................................................................. 15 SECTION 1 - HEALTH INSURANCE BENEFITS: ....................................................... 15 SECTION 2 - DENTAL INSURANCE BENEFITS: ....................................................... 16 SECTION 3 - LONG TERM DISABILITY INSURANCE: ............................................ 17 SECTION 4 - LIFE INSURANCE COVERAGE: ........................................................... 20 SECTION 5 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS): .......................................................................................................... 20 SECTION 6 - DEFERRED COMPENSATION PROGRAMS: ....................................... 21 SECTION 7 - VISION CARE PROGRAM: ..................................................................... 21 SECTION 8 - SECTION 125 PLAN: ............................................................................... 21 SECTION 9 - COMPUTER LOAN PROGRAM: ............................................................ 22 SECTION 10 – EDUCATION/TUITION REIMBURSEMENT: .................................... 22 ARTICLE V LEAVES .................................................................................................................. 23 SECTION 1 - ANNUAL LEAVE: .................................................................................... 23 SECTION 2 - SICK LEAVE: ........................................................................................... 24 SECTION 3 - SICK LEAVE INCENTIVE PLAN: .......................................................... 25 SECTION 4 - SICK LEAVE BANK: ............................................................................... 25 SECTION 5 - COMPENSATORY LEAVE: .................................................................... 25 SECTION 6 - BEREAVEMENT LEAVE: ....................................................................... 26 SECTION 7 - REDEMPTION OF ACCUMULATED LEAVE: ..................................... 26 SECTION 8 - HOLIDAY LEAVE: .................................................................................. 26 SECTION 9 - WORKERS’ COMPENSATION LEAVE: ............................................... 28 SECTION 10 - MILITARY LEAVE: ............................................................................... 28 SECTION 11 - LEAVE OF ABSENCE WITHOUT PAY: ............................................. 29 SECTION 12 - FLEX SCHEDULES: .............................................................................. 29 SECTION 13 - TIME OFF FOR VOTING: ..................................................................... 29 SECTION 14 - LUNCH PERIOD: ................................................................................... 30 SECTION 15 - REST PERIOD: ....................................................................................... 30 ARTICLE VI LAYOFF ............................................................................................................... 30 SECTION 1 - PREREQUISITE FOR LAYOFF: ............................................................. 30 SECTION 2 - ORDER OF LAYOFF: .............................................................................. 31 SECTION 3 - VOLUNTARY DEMOTION: ................................................................... 31 SECTION 4 - RECALL: ................................................................................................... 31 SECTION 5 - LAYOFF FROM OTHER REPRESENTATIONAL UNITS: .................. 31 ARTICLE VII NON-DISCRIMINATION ................................................................................... 32 ARTICLE VIII HEALTH AND SAFETY .................................................................................. 32 SECTION 1 - SAFETY RESPONSIBILITIES: ............................................................... 32 SECTION 2 - SAFETY COMMITTEE: ........................................................................... 33 SECTION 3 - SAFETY DEVICES AND SAFEGUARDS: ............................................. 33 SECTION 4 - PESTICIDE SAFETY: .............................................................................. 33 SECTION 5 - USE OF VETERANS SPORTS COMPLEX: ........................................... 33 SECTION 6 - CLASS “A” AND “B” DRIVERS LICENSE REQUIREMENT: ............. 34 SECTION 7 - FIRST AID AND CPR: ............................................................................. 34 AFSCME 809 (FT) MOU 2024-2027

01007.0004/830517.1
ARTICLE IX DISCIPLINE AND DISCHARGE ........................................................................ 34 SECTION 1 - JUST CAUSE: ........................................................................................... 34 SECTION 2 - REPRESENTATION: ................................................................................ 34 ARTICLE X GRIEVANCE PROCEDURE ................................................................................. 35 SECTION 1 - GRIEVANCE DEFINED: ......................................................................... 35 SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE: ....................................... 35 SECTION 3 - FORMAL GRIEVANCE PROCEDURE: ................................................. 35 SECTION 4 - NON-DEPARTMENTAL GRIEVANCES: .............................................. 36 SECTION 5 - REPRISALS: ............................................................................................. 38 ARTICLE XI APPEAL PROCEDURES ...................................................................................... 38 SECTION 1 - REQUEST FOR DISCIPLINARY HEARING: ........................................ 38 SECTION 2 - SCHEDULING OF DISCIPLINARY HEARING: ................................... 38 SECTION 3 - HEARING OFFICER: ............................................................................... 38 SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING: .......................... 39 SECTION 5 - BURDEN OF PROOF AND EVIDENCE: ............................................... 39 SECTION 6 - CONDUCT OF DISCIPLINARY HEARING: ......................................... 39 SECTION 7 - HEARING OFFICER’S DECISION: ........................................................ 39 ARTICLE XII CITY RIGHTS ...................................................................................................... 39 SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY: ................................. 39 SECTION 2 - CONCERTED REFUSAL TO WORK: .................................................... 40 ARTICLE XIII UNION RIGHTS ................................................................................................ 41 SECTION 1 - EXCLUSIVE REPRESENTATION: ........................................................ 41 SECTION 2 - BULLETIN BOARD: ................................................................................ 41 SECTION 3 - E-MAIL ACCESS: .................................................................................... 41 SECTION 4 - UNION OFFICERS: .................................................................................. 41 SECTION 5 - POLITICAL ACTION FUND: .................................................................. 42 SECTION 6 - RELEASE TIME: ...................................................................................... 42 SECTION 7 - BIDDING ON IN-HOUSE SERVICES: ................................................... 43 SECTION 8 - PERSONNEL FILES: ................................................................................ 43 SECTION 9 - Union meetings: ......................................................................................... 43 ARTICLE XIV UNION SECURITY ........................................................................................... 44 SECTION 1 - UNION MEMBERSHIP AND DUES DEDUCTION: ............................. 44 SECTION 2 - MAINTENANCE OF MEMBERSHIP: .................................................... 44 SECTION 3 - union access to new employee orientations and information: ................... 44 ARTICLE XV OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION ............. 45 SECTION 1 - STATUS OF GRANT-FUNDED UNIT MEMBERS: .............................. 45 SECTION 2 - UNION MANAGEMENT MEETINGS: ................................................... 45 SECTION 3 - PROMOTIONAL OPPORTUNITIES: ...................................................... 45 SECTION 4 - LATERAL TRANSFERS: ......................................................................... 45 SECTION 5 - TYPING CERTIFICATES: ....................................................................... 46 SECTION 6 - PERSONNEL SUBCOMMITTEE: ........................................................... 46 ARTICLE XVI MODIFICATION AND DURATION ............................................................... 46 SECTION 1 - SEVERABILITY: ...................................................................................... 46 AFSCME 809 (FT) MOU 2024-2027

01007.0004/830517.1
SECTION 2 - DURATION: .............................................................................................. 46 section 3 – Reopeners/me too clause: ............................................................................... 46 SECTION 4 – SUCCESSOR MOU LANGUAGE UPDATES: ...................................... 47 SECTION 5 – CIVIL SERVICE COMMISSION ............................................................ 47

APPENDIX A DESIGNATED APPROPRIATE UNITS CLERICAL AND TECHNICAL UNIT ................................................................................................................................. 49 APPENDIX B OCCUPATIONAL GROUPINGS ....................................................................... 52 APPENDIX D DIFFERENTIAL PAY FOR CERTAIN ‘SENIOR’ CLASSIFICATIONS ....... 58

AFSCME 809 (FT) MOU 2024-2027

ARTICLE I

RECOGNITION
The City of Carson (hereinafter the “ City”) recognizes the American Federation of State, County and Municipal Employees Union, Council 36, Local 809 (hereinafter the “Union” or “AFSCME”) as the sole exclusive employee organization and bargaining agent for employees in the Clerical and Technical Unit, the Crafts and Trades Unit, and the Professional/Middle Management Unit (hereinafter the “Unit members”) in all matters concerning wages, hours and working conditions. The designated appropriate units and their represented classifications are attached hereto as Appendix A. The list of Occupational Groupings for use with this Memorandum of Understanding (hereinafter the “ MOU”) is attached hereto as Appendix B. Any reference hereinafter to “ Unit member(s)” means those Unit member s represented by AFSCME and thereby covered under this MOU.

It is agreed that this MOU was negotiated pursuant to Chapter 10 (Section 3500 et. seq.) of Division 4, Title 1 of the Government Code and pursuant to Resolution No. 85- 107, the Employer -Employee Relations Resolution of the City of Carson. The Union recognizes the City Manager, his/her designee and/or the City’s Employee Relations Officer, as the exclusive representatives of the City for purposes of entering into this MOU. The City and the Union agree to make a good faith effort to ensure that all rules, policies and procedures are uniformly and consistently applied throughout the City service.

ARTICLE II

DEFINITION OF TERMS
The following terms, whenever used in this MOU, shall have the meanings set forth in this Article.

SECTION 1 - ACTING DUTY:

On a temporary basis, the performance by a Unit member of the duties of a higher classification with a higher pay range than the pay range of the Unit member’s assigned classification.

SECTION 2 - CLASSIFICATION:

A position or group of positions sufficiently similar in respect to authority, duties and responsibilities such that the same descriptive title is assigned.

SECTION 3 - DAY:

A calendar day.

SECTION 4 - DEPARTMENT:

Any one of the five organizational departments of the City’s organizational structure managed by a Department Director or the City Manager.

AFSCME 809 (FT) MOU 2024-2027

DEFINITION OF TERMS Page 2
SECTION 5 - DEPARTMENT DIRECTOR:

An individual assigned to any of the following classifications: Director of Public Works, D irector of Finance, Director of Human Resource s, Director of Community Development , Director of Community Services Parks & Recreation , Director of Information Technology & Security, or any other Director position created during the term of this MOU.

SECTION 6 - DOMESTIC PARTNERSHIP:

As defined in the California Family Code Section 297, two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring and that meet the conditions and/or requirements of Section 297 and related statutes defining such relationships.

SECTION 7 - FULL-TIME:

A period of forty (40) hours of work time per workweek in increments of eight (8), nine (9) or ten (10) hours per shift.

SECTION 8 - IMMEDIATE FAMILY:

A Unit member’s spouse, domestic partner, child, grandchild, son- in-law, daughter -in-law, parent, grandparent, parent-in-law, brother, sister, brother -in-law and sister-in-law. “Child” shall also include a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis (which means to assume the duties and responsibilities of a parent; in the place of a parent). “Parent” shall include a biological, foster, or adoptive parent, a stepparent, or a legal guardian.

SECTION 9 - LEAVE:

An absence from work.

SECTION 10 - MANAGEMENT:

An employee assigned to any of the following classifications:

City Manager, Assistant City Manager, Deputy City Manager, Director of Public Works , Director of Community Development, Director of Community Services /Park & Recreation , Director of Finance, Director of Human Resources , Accounting Manager, Chief Deputy City Clerk, Chief Deputy City Treasurer, GIS Administrator, Director of Information Technology & Security, Information Technology Manager, Landscape & Building Maintenance Superintendent, Principal Civil Engineer/City Engineer, Public Information Manager, Public Safety Services Manager, Purchasing Manager, Recreation Superintendent, Community Services Superintendent, Revenue Manager, Sustainability & Innovation Manager, Traffic Engineer, Right of Way OPS Superintendent, Emergency Services Manager, or any City employee appointed to a classification designated by the City Manager as managerial..

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SECTION 11 – PAY PERIOD:

A pay period consists of two (2) consecutive workweeks established to provide twenty- six (26) pay periods each calendar year.

SECTION 12 - POSITION:

Authority, duties and responsibilities assigned by the City, which constitute the services to be performed by a City employee.

SECTION 13 - PREVAILING PAY RATE:

The basic pay rate within a pay range paid to a Unit member for the performance of the duties and responsibilities of a classification.

SECTION 14 - SENIORITY:

A status acquired by an employee based upon the employee’s period of total actual service in a specific job classification.

SECTION 15 - TENURE:

A status acquired by an employee based upon the employee’s period of total actual service with the City.

SECTION 16 - UNIT MEMBER:

An individual compensated through the city payroll, appointed to one of the classifications listed in Appendix A.

SECTION 17 - WORKDAY:

A workday is an individual 24-hour period within a seven consecutive day (168-hour) workweek.

SECTION 18 - WORKWEEK:

A workweek is a fixed and regularly recurring period of 168 hours - seven consecutive 24-hour periods (workdays) - which begins at 12:01 a.m. on Saturday and end at 12:00 a.m. on Friday.

SECTION 19 - WORK SCHEDULE:

A full-time work schedule is a forty (40) hour per workweek schedule consisting of:
• Eight (8) hours in a workday for five (5) consecutive workdays within a workweek; or • Ten (10) hours in a workday for four (4) consecutive workdays within a workweek.

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ARTICLE III

COMPENSATION
SECTION 1 - SALARY:

A. FY 2024/2025 6% COST-OF-LIVING-ADJUSTMENT (COLA) (RETRO TO JULY 1, 2024)
B. FY 2025/2026 4% SALARY INCREASE
C. FY 2027/2028 4% SALARY INCREASE
SECTION 2 - CLASS A/B LICENSE PAY:

The City agrees to pay Unit members who are required to possess and use during the course of work a Class A or B California Driver’s License, an additional 5% per month. To qualify for such compensation, the Class A or B Driver’s License must be required to perform the duties of the Unit member’s assigned classification.

SECTION 3 - LONGEVITY PAY:

3.1 The City agrees to pay Unit members two and one-half percent (2.5 %) of their prevailing pay rate as longevity pay, commencing after they have attained fifteen (15) years of service credit.

3.2 In addition to the longevity pay in Section 3.1 above, the City agrees to pay Unit member s an additional two and one -half percent ( 2.5%) of their prevailing pay rate as longevity pay, commencing after they have attained twenty (20) years of service credit.

3.3 In addition to the longevity pay in Sections 3.1 and 3.2 above, the City agrees to pay Unit members an additional two and one-half percent (2.5%) of their prevailing pay rate as longevity pay,

3.4 In addition to the longevity pay in Sections 3.1, 3.2 and 3.3 above, the City agrees to pay Unit members an additional two and one -half percent (2.5%) of their prevailing pay rate as longevity pay, commencing after they have obtained thirty (30) years of service credit.

SECTION 4 - JOB SERIES:

4.1 The City has established a Job Series Program to include selected AFSCME classifications. The purpose of the Job Series is to provide upward mobility for classifications which achieve increased skill and knowledge after specific time in grade. In order for Unit members to promote through job series classifications, they must pass the required test and have a current performance evaluation on file with a “meets job requirements” or higher overall performance rating (issued within the last twelve months).

4.2 Job Series promotions shall be effective after meeting the guidelines above in the following order:

Required Test:

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a. The City shall develop the test material for job series promotions within the next 12 months after adoption of this MOU.
b. After a Unit member meets the required time in grade within a job series classification, the job series test to promote to the next level of the job series shall be administered upon the Unit member’s written request as follows:
1) If a test is currently available, it shall be administered within 30-days from the Unit member’s written request to be tested. The effective date of the job series promotion will be the date the test is passed.
2) If a test is not currently available, it shall be developed and administered within 90 days from the date of the Unit member ’s written request to take it. Once the job series test has been successfully passed and a current qualifying performance evaluation is on file, the Unit member shall receive the job series promotion and pay retroactive to the date of the written request.
3) In the unfortunate situation that a test is still not available after 90 days, the Unit member can be promoted to the next level of the job series if the Unit member’s immediate supervisor and the department director certify in writing that the Unit member is qualified to be promoted to the next level. If the job series promotion is effectuated as a result of departmental certification, the effective date of the job series promotion shall be the date of the Unit member’s written request, provided that a current qualifying performance evaluation is on file.

Current Performance Evaluation:
a. After a Unit member meets the required time in grade within a job series classification, and has made a written request to take the job series test, the requirement to have a current performance evaluation on file with a “meets job requirements” or higher overall performance rating (issued within the last twelve months) will be handled as follows:
1) If there is no current performance evaluation on file at the time Human Resources receives a written request to be tested for a job series promotion, Human Resources will notify the Unit member’s supervisor that a performance evaluation needs to be completed for such Unit member.
2) If the performance evaluation is not completed within 60 days from the date of the Unit member’s written request to test for a job series promotion, the Unit member shall automatically promote to the next level of the job series, provided the Unit member has successfully passed the job series test. The effective date of the job series promotion will be the date the test is passed.

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3) If a Unit member does not successfully pass the test given for a job series promotion, the Unit member will be eligible to be re -tested in 30 days. If a Unit member does not successfully pass the second test, the Unit member will not be eligible to be re-tested until six months from the date of the second test.

4.3 The following positions are included in the job series:

LEVEL 1 LEVEL 2 LEVEL 3
Accounts Payable Specialist I
Salary Range 334
Accounts Payable Specialist II
Salary Range 336

Adult Sports Coordinator I
Salary Range 341

Adult Sports Coordinator II
Salary Range 343

Assistant Events Coordinator
Salary Range 331

Events Coordinator
Salary Range 337

Assistant Fac. Maint. Tech.

Salary Range 327

Assistant Groundsworker
Salary Range 325

Facilities Maint. Tech. I
Salary Range 329

Groundsworker I
Salary Range 327

Facilities Maint. Tech. II
Salary Range 335

Groundsworker II
Salary Range 331

Assistant Maintenance Worker
Salary Range 324

Maintenance Worker I
Salary Range 326

Maintenance Worker II
Salary Range 331

Assistant Tree Trimmer
Salary Range 325

Tree Trimmer I
Salary Range 327

Tree Trimmer II
Salary Range 333

Business License Specialist I
Salary Range 334

Business License Specialist II
Salary Range 336

Code Enforcement Aide
Salary Range 333

Code Enforcement Officer
Salary Range 342

Community Services Coord. I
Salary Range 341

Equipment Service Worker
Salary Range 331
Community Services Coord. II
Salary Range 343

Equipment Mechanic I
Salary Range 335

Equipment Mechanic II
Salary Range 338

Event Services Coordinator I
Salary Range 341

Event Services Worker I
Salary Range 324

Event Services Coordinator II
Salary Range 343

Event Services Worker II
Salary Range 326

Event Services Worker III
Salary Range 331
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Graphic Designer I
Salary Range 335
Graphic Designer II
Salary Range 337

Kids Club Coordinator I
Salary Range 341

Office Clerk
Salary Range 322

Kids Club Coordinator II
Salary Range 343

Typist Clerk I
Salary Range 324

Typist Clerk II
Salary Range 326

Planning Technician I
Salary Range 339

Planning Technician II
Salary Range 341

Purchasing Specialist I
Salary Range 334

Purchasing Specialist II
Salary Range 336

Recreation Center Supv. I
Salary Range 343

Recreation Center Supv. II
Salary Range 346

Recreation Permits Coord. I
Salary Range 341

Recreation Permits Coord. II
Salary Range 343

Senior Account Clerk I
Salary Range 334

Senior Account Clerk II
Salary Range 336

Seniors Assisted Living
Coordinator I
Salary Range 341

Seniors Assisted Living
Coordinator II
Salary Range 343

Seniors Recreation Program
Coordinator I
Salary Range 341

Seniors Recreation Program
Coordinator II
Salary Range 343

Seniors Services Coord. I
Salary Range 341

Seniors Services Coord. II
Salary Range 343

Special Needs Recreation
Coordinator I
Salary Range 341

Special Needs Recreation
Coordinator II
Salary Range 343

Transportation Coordinator I
Salary Range 341

Transportation Coordinator II
Salary Range 343

Youth Sports Coordinator I
Salary Range 341

Youth Sports Coordinator II
Salary Range 343

4.4 Within 120 days after approval of this MOU by the City Council, the parties agree to meet and AFSCME 809 (FT) MOU 2024-2027

COMPENSATION Page 8
confer regarding the job series advancement and promotions herein.

SECTION 5 - DIFFERENTIAL PAY FOR CERTAIN “SENIOR” CLASSIFICATIONS:

The following classifications will be assigned a salary range that is at least 7.5% higher at step F than step F of the salary range of their highest paid subordinate classification (see Appendix D) –

1. Electrician

2. HVAC Technician

3. Irrigation Technician

4. Lead Facilities Maintenance Technician

5. Locksmith

6. Painter
7 Plumber

8. Senior Custodian

9. Senior Groundsworker

10. Senior Maintenance Worker I

11. Senior Maintenance Worker II
12 Senior Tree Trimmer
SECTION 6 - SHIFT DIFFERENTIAL PAY:

6.1 Unit members scheduled to work during the first shift, from 6:30 a.m. to 6:30 p.m., shall not be paid shift differential pay for any hours worked.

6.2 Unit member s scheduled to work during the second shift shall receive shift differential pay calculated as a five percent (5%) increase in the Unit member’s prevailing pay rate for any hours worked from 2:00 p.m. to 11:00 p.m.

6.3 Unit members scheduled to work during the third shift shall receive shift differential pay calculated as a 10% increase in the Unit member’s prevailing pay rate for any hours worked from 11:00 p.m. to 8:00 a.m.

6.4 Unit members scheduled to work a split -shift between the first and second shifts will receive the 5% differential for those hours worked in the second shift, provided that more than half the Unit member’s scheduled hours are in the second shift.

6.5 Management shall be able to establish schedules for the first, second and third shifts in accordance with the City’s operational requirements.

6.6 Shift differential shall continue to be received when the Unit member is on vacation, sick, holidays, jury duty or other paid leave, excluding workers’ compensation and long-term disability.

SECTION 7 - ACTING DUTY PAY:

7.1 The Department Director may request, through the City Manager or his/her designee, to appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant or has been recently created.

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7.2 A Unit member may serve in acting duty status only until such time as the City makes a regular appointment to the classification or until such time that the incumbent Unit member returns to work

7.3 An acting duty appointment may be effective for a period of up to thirty (30) days except for special circumstances as defined by the City Manager or his/her designee. The City Manager, or his/her designee, may extend an acting duty appointment.

7.4 A Unit member appointed to acting duty status shall be paid a pay rate not less than the minimum pay rate in the pay range for the acting duty classification, and such acting duty pay rate shall be at least ten percent (10%) more than the Unit member’s prevailing pay rate immediately prior to acquiring acting duty status.

7.5 A Unit member shall not be paid more than the maximum pay rate in the pay range for the acting duty classification.

7.6 While serving in acting duty status, the Unit member shall continue to be eligible to receive any pay adjustments or advancements granted to the Unit member’s permanent classification.

7.7 A Unit member appointed to acting duty status shall receive acting duty pay immediately upon assuming the acting duty position, provided the assignment is for at least a scheduled work shift.

7.8 A Unit member has the right to refuse any acting duty assignment, in writing, with justification.

7.9 A Unit member appointed to acting duty status can discontinue the acting duty assignment by notifying the immediate supervisor in writing one (1) week in advance of the Unit member ’s intention to return to regular status.

7.10 A Unit member may be removed from acting duty status after serving in the acting assignment for one (1) work week, at any time, at the discretion of the Department Director. Before removing the Unit member from acting duty appointment, the reasons for the removal shall be discussed with the Unit member and documented in writing. If the Unit member is not available to discuss the reasons for removal, they shall be discussed after removal or upon the Unit member s return to work.

7.11 If a Unit member in a subordinate classification is appointed to acting duty status in a higher classification while a Unit member in a superior classification is bypassed, the Unit member in the superior classification may submit a statement of exception to the appointing authority through the Director of Human Resources. This subsection shall not apply if an eligibility list under subsection

7.13 of this article was properly utilized.

7.12 If a Union-represented Unit member is temporarily appointed to acting duty status to a position not represented by AFSCME, the Unit member shall continue to receive the same fringe benefits at the same levels and rates as that Unit member received prior to the temporary assignment.

7.13 The City sha ll continue a citywide policy of rotating acting duty appointments based on the following order:

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1) From the current employment eligibility list.
2) From a list of employees , within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure.
3) From a list of employees, within the respective department, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure.
4) From a list of employees , from outside the respective department, in the immediate subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure. An acting appointment from outside the department can only be made upon the approval of the department directors of the two affected departments.

The rotation of acting appointments should be used for all periods exceeding 30 calendar days, unless extended by the City Manager or his/her designee. If a Unit member is placed into acting for a period of less than 30 days, the Unit member will not be moved down on the rotation list until the Unit member has completed 30 days of acting duty (even if not consecutive). Upon completion of 30 days of acting duty, the Unit member shall be placed at the bottom of the acting rotation list.

For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order , and if there is a tie in seniority, then by tenure.

Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection 7.13 is not followed.

A rotation list for acting duty will be established and posted within each specific division for each vacant position and copies of acting duty rotation lists should be provided to both Human Resources and Payroll.

7.14 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if that Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

7.15 The City will not employ temporary Unit member s in any vacant budgeted position where an acting appointment may be offered to a full-time Unit member.

7.16 A Unit member in an acting duty appointment for sixty (60) days or longer, shall receive leave and holiday pay, at the acting rate for all such subsequent approved leaves and holidays that fall after the sixtieth (60th) day, provided that the position is not backfilled with another acting appointment.

SECTION 8 - SALARY ADVANCEMENT:

8.1 Salary advancement shall mean a pay rate increase given to a Unit member contingent upon a satisfactory or better performance evaluation within the pay range established for the Unit member’s classification. A Unit member’ s pay rate increase shall be effective on the Unit AFSCME 809 (FT) MOU 2024-2027

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member’s merit date. If a work group has not turned in a performance evaluation by the Unit members’ merit date, any pay increase shall be automatically processed by Human Resources.

8.2 The City shall retain the flexibility to hire Unit member s with exceptional skills, experience or qualifications at a pay rate above the A-step.

8.3 The City’s full time pay ranges consist of six (6) merit pay steps (A-F). The first two (2) pay steps (A-B) shall require at least six (6) months before eligibility for a merit increase to the next step.

The last four (4) pay steps (C -F) shall require at least twel ve (12) months before eligibility for a merit increase to the next step through the final step (F).

SECTION 9 - ALLOWANCE FOR MILEAGE:

9.1 The City shall reimburse Unit member s for use of their personal automobile for official City business at the current IRS rate, as adjusted from time to time, in accordance with Standard Management Procedures.

9.2 Reimbursement for mileage and related fees shall be made through submission of a petty cash reimbursement form and mileage reimbursement form to the City Treasurer ’s office. Such reimbursements may not exceed seventy -five dollars ($75.00). Reimbursements exceeding seventy-five dollars ($75.00) must be reimbursed through the City’s demand register process.

SECTION 10 - BILINGUAL USAGE PAY:

10.1 The City Manager or Director of Human Resources shall grant compensation to a Unit member for using bilingual skills in the course of work. A Unit member shall not receive bilingual pay unless such Unit member is required by his/her supervisor or the nature of his/her job and job duties to use his/her bilingual skills in assisting members of the public in obtaining City services or information.

10.2 Unit members required to use bilingual skills while working may petition for bilingual usage pay by submitting written justification, approved by the Unit member ’s Department Director, to the City Manager or Director of Human Resources & Risk Management.

10.3 Bilingual usage pay shall be one hundred dollars ($100.00) per month.

10.4 The City may, at its discretion, test Unit member s for proficiency in a second language in order for such Unit members to receive bilingual pay.

SECTION 11 - UNIFORM DISTRIBUTION:

11.1 The City shall pay, to an approved vendor, the full cost to provide, maintain and clean eight (8) shirts, eight (8) pants or six (6) and two (2) Bermuda shorts and one (1) jacket for Unit members occupying classifications in the crafts and trades unit required by management to wear uniforms and for the Central Services Technician and Senior Central Services Technician . Seven (7) shirts and seven (7) pants or five (5) pants and two (two) Bermuda shorts for Unit members in the classification of Sr. Storekeeper and Storekeeper. Seven (7) shirts, five (5) pants or skirts, two (2) Bermuda shorts, one (1) jacket and ties, if required, to Unit members in the classification of Code AFSCME 809 (FT) MOU 2024-2027

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Enforcement Officer, Animal Control Officer, Parking Enforcement Officer, and Public Safety Engagement Officer. The City shall replace uniforms as required if such replacement is necessary due to normal wear as determined by management.

11.2 The City shall furnish and fund the cost of uniforms for Community Services Department employees who are required to engage the public in the course of daily work, including but not limited to: Recreation/Community Services Supervisors, Coordinators, Assis tant Coordinators, Bus Drivers, Early Childhood Education Instructors, etc. Uniform Provision shall include four (4) polo shirts, three (3) t-shirts, and one (1) jacket/sweater. All Unit members must comply with the City personnel rules and adopted uniform policy. Selection of specific uniform attire to be worn by Unit members is contingent upon work task, event, or occasion and is to be assigned and designated by the Department Director.

SECTION 12 - COURT SERVICE COMPENSATION:

12.1 Unit members summoned to a court to (a) to provide testimony when called on behalf of the City or (b) as directed by a Department Director or the City Manager, shall be paid their prevailing pay rate during such court service. The City shall reimburse Unit members for any reasonable costs associated with having to attend court and provide testimony on behalf of City, including mileage, transportation and/or parking fees.

12.2 Pay for jury duty shall be limited to ten (10) working days in any one calendar year. Unit members shall receive shift differential pay if it is regularly received during their normal work shift.

12.3 Unit members summoned to court on their normal day off pursuant to 12.1 above shall be entitled to overtime compensation at one and one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek. The employee may also elect to receive compensatory time in lieu of pay. In calculating actual court time, travel to and from the courthouse is not included, but time allowed for rest or meal breaks shall be included as long as employee is required to report back to court after the break.

SECTION 13 - PAY AND PAYCHECK DISTRIBUTION:

13.1 Payday shall be bi-weekly on Thursday.

13.2 Paychecks shall be dated and distributed bi-weekly on the Thursday payday.

13.3 If any pay date falls on a holiday, the pay date shall be the preceding Wednesday.

13.4 The City does not permit payroll check advances.

SECTION 14 - OVERPAYMENT REMEDY:

Permanent Unit member s covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected Unit member in writing. Reimbursement may be accomplished by lump-sum deduction made on the next subsequent Unit member payroll warrant following overpayment notification, or by other reasonable re -payment method acceptable to the Unit member and the City, except that the lump- sum deduction shall be required if the AFSCME 809 (FT) MOU 2024-2027

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next subsequent Unit member payroll warrant is the final or termination warrant issued to the affected Unit member . Human Resources shall not unreasonably withhold approval of payroll deductions to recover the overpayment.

SECTION 15 - OVERTIME POLICY:

Unit members are eligible to receive overtime pay or compensatory time, but they shall not work overtime unless authorized in advance to do so by the Department Director . No overtime pay may be authorized unless funds are allocated and available in the work group’ s current fiscal budget for overtime work.

Department Directors shall be responsible for keeping accurate records for all overtime worked by their Unit members. The City absolutely shall not permit any overtime off the books.

SECTION 16 - WORKDAY:

For purposes of determining overtime, a workday is the twenty- four (24) hour period consisting of the eight (8) hours prior to the start of the work shift and the sixteen (16) hours after the start of the work shift.

For example, if a scheduled work shift is 8 a.m. to 5 p.m. the workday is midnight to midnight of the next day. Overtime shall not be paid for hours worked during the scheduled work shift.

SECTION 17 - OVERTIME COMPENSATION:

The City shall provide Unit members with overtime compensation subject to the following conditions:

17.1 Unit members shall receive either pay, calculated at one and one- half (1.5) times their prevailing pay rate, or compensatory leave, credited at one and one half (1.5) hours for each hour of overtime work performed. The one and one -half (1.5) time overtime pay rate shall apply to hours worked after the Unit members’ end of regular work shift through/until 12:00 a.m. on the same day. a. Work performed in excess of eight (8) hours in a workday in a five (5) day work week or work performed in excess of ten (10) hours in a four (4) day work week. b. Work performed in excess of forty (40) hours in a workweek; c. Work performed on the first, second or third scheduled days of rest. d. For purposes of this section, hours paid shall count as work performed.

17.2 For purposes of determining a Unit member ’s eligibility for overtime compensation only, authorized paid leave shall be considered as hours of work.

17.3 When the City Manager or a Department Director decides that an emergency exists and requires that Unit members not on a scheduled shift work more than four (4) hours between midnight and 8 a.m., such Unit member s shall receive, at the discretion of the City Manager or Department Director, either pay, calculated at two and one -half ( 2½) times their prevailing pay rate, or compensatory leave, credited at two and one -half (2½) hours, for each hour of emergency work.

When the City Manager or Department Director requires that Unit members work more than eight (8) hours during an emergency, such Unit member s shall not return to work for at least eight (8) AFSCME 809 (FT) MOU 2024-2027

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hours following completion of their emergency work. The City will comply with the Fair Labor Standards Act for FLSA-covered Unit members.

17.4 When a Unit member is called back to work after leaving work or is called to work on a day when the Unit member would normally be off-duty, the City shall pay the Unit member for a minimum of three (3) hours of work (at the appropriate rate) even though the Unit member works less than three (3) hours. This provision shall not apply if the extra work is scheduled at least twenty -four (24) hours in advance, or if the Unit member is merely extending his/her workday.

17.5 Supervisors shall not be called out to work in place of the Unit members covered by this agreement.

17.6 If the City, State, or Federal government declares an emergency, the City shall provide meals for Unit members working said emergency. (Per FEMA guidelines for reimbursement.)

17.7 The City absolutely shall not permit any overtime “off the books”.

SECTION 18 - OPPORTUNITY TO WORK OVERTIME:

The opportunity to work overtime shall be rotated according to direct order of seniority within the classifications and crews, within the department, which usually perform the work during the normal work shift. If a Unit member does perform the overtime work , then he or she shall go to the bottom of the list as if he or she had worked the overtime in the normal rotation. If a Unit member is not accessible, he or she retains the previous position on the list.

Overtime lists shall be updated on a daily basis and posted in a highly accessible area.

SECTION 19 - HOLIDAY COMPENSATION:

19.1 Full time Unit member s shall be allowed time off with pay at the Unit member ’s straight time hourly rate for any holiday provided in this MOU unless required by the Department Director to work in order to maintain City services. Unit member s required to work shall also be paid according to section 19.2 below.

19.2 Unit members required to work on a holiday shall receive, at the discretion of the Department Director, either pay, calculated at two and one -half ( 2½) times their regular rate of pay or compensatory leave, credited at two and one-half (2½) hours for each hour worked on the holiday.

SECTION 20 - ADDITIONAL COMPENSATION FOR CERTIFICATES/LICENSES:

20.1 At the discretion of the Department Director and Human Resources Director, the City may authorize five percent (5%) additional compensation to Unit members who possess/secure the specialized licenses or certifications that are not already required of their classification but are recognized and used in the course of their duties by the City to provide needed services.

20.2 In order for the Unit member to qualify for the additional compensation, the Department Director will provide to the Human Resources Director, written justification for the use of a Unit members licenses or certifications in providing City services.

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20.3 Unit members receiving additional compensation shall submit copies of current valid licenses or certifications to Human Resources for verification and inclusion in their personnel files.

20.4 The City will reimburse Unit members for any administrative or clerical out of pocket costs incurred for the renewal of their specialized certificates or licenses which are recognized by the City.

SECTION 21 –HOME TELEPHONE CALLS:

Employees shall receive compensation for telephone calls received off duty for time actually worked receiving and responding to such calls. Employees shall log the time spent on each call and submit the signed log with their timesheets/payroll records. The parties understand and acknowledge that there is expected to be a more accurate time reporting system in place once the new Tyler Munis system goes into effect.

ARTICLE IV

BENEFITS
SECTION 1 - HEALTH INSURANCE BENEFITS:

1.1 Effective January 1, 2023, the City will pay the full family HMO premium from Kaiser Permanente in the Los Angeles Region for each Unit member and eligible dependents with a cafeteria cap on the use of excess monies of two hundred ($200) dollars per month.

1.2 Full-time Unit member s covered by this section shall have their choice of plans provided by CalPERS and available in this service area.

1.3 Spouse and dependent coverage shall continue to be available as provided through CalPERS. A Unit member’s spouse and dependent children under age twenty-six (26), as well as children over age twenty -six (26) who are incapable of supporting themselves due to physical or mental disabilities existing prior to obtaining age twenty -six (26) are currently eligible to be enrolled in CalPERS health plans. This section will be in effect for the duration of this MOU, subject to any contract changes imposed by Cal PERS. To the extent that California law requires that domestic partners are entitled to health insurance coverage, the term “ dependent” shall include domestic partners. The term “ domestic partner” shall have the meaning set forth in Division 2.5, Parts 1 through 5, of the California Family Code, commencing with Division Family Code Section 597.

1.4 Retired Unit members shall be covered by the health insurance premium provided by the City according to the rules established by CalPERS. For Unit members hired prior to January 1, 2014, the effective date of the Cal PERS contract amendment providing for a two- tiered retiree health insurance program, the City shall pay the monthly health insurance premium up to the maximum afforded in Section 1.1 above for retired Unit members’ health insurance for the term of this MOU.

For Unit members hired on or after January 1, 2014, the effective date of the Cal PERS contract amendment providing for a two- tiered retiree health insurance program, the City shall pay a monthly health insurance premium for retired Unit members’ health insurance in accordance with the following schedule:

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Full-Time service with Carson
at time of retirement
0 - 4.99 years
5 years
6 years
7 years
8 years
9 years
10 years
% of difference between the
required minimum contribution
and the amount the City pays
for active Unit members
0%
50%
60%
70%
80%
90%
100%

1.5 Unit members shall have the right to use monies remaining from the sums provided for health insurance to apply towards premiums for any other insurance options available for employees to purchase.

1.6 Unit members may elect to discontinue or not elect health insurance coverage provided that they submit written proof of equivalent health insurance coverage. Unit members electing to discontinue or not electing health insurance coverage shall receive seventy -five percent (75%) of the lowest 2-party premium to be put into a City- sponsored deferred compensation plan credited to the Unit member. Unit members currently receiving a higher amount than seventy-five percent (75%) of the lowest 2-party premium shall continue to receive the same amount to be placed into a City sponsored deferred compensation plan credited to the Unit member. Unit members may elect to resume health coverage during any open enrollment period, as a result of any change in status, or any other period of time authorized by the policies and requirements of the City- sponsored health coverage plans.

SECTION 2 - DENTAL INSURANCE BENEFITS:

2.1 During the length of this contract, the City shall pay the total sum of eighty-seven dollars ($87.00) per month for dental insurance provided by the City for each Full-Time Unit member and his/her eligible dependents.

2.2 Two dental plans are available to Unit members:
a. Under the Indemnity Plan: A Unit member may select any dentist; there is an annual deductible; claim forms must be submitted to the insurance company for payment; preventive maintenance is covered in full; eighty percent (80%) of basic maintenance is covered; and fifty percent (50%) of major maintenance is covered. b. Under the Maintenance Plan: Unit member s must select a Maintenance Plan dental provider; there are no claim forms; there are no deductibles; however , there are co - payments for some services provided.

2.3 The City shall continue to self-fund the dental plan and shall:
a. Set up an account for this program within the General Fund.

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b. Post all dental insurance benefits monies for AFSCME Unit member s on a monthly basis to designated account.

2.4 The City shall provide AFSCME with quarterly reports of actual costs for AFSCME represented Unit members enrolled in the City’s self-insured dental plan.

2.5 Each year AFSCME will be provided with the City’s master dental policy and plan which includes rates paid.

2.6 Without cost to the City, the City shall provide to retirees the opportunity to purchase the same dental insurance current Unit members receive at the same cost to the retiree as the City pays for Unit members. This section applies only to retirees who retire after the adoption of Resolution No. 94-043.

2.7 Usual and customary fees shall be based upon dentist fees paid within a twenty- five (25) mile radius of City Hall. The maximum annual per person coverage shall be fifteen hundred dollars ($1,500.00). First and/or secondary fees shall be paid when two dental plans are available to Unit member.

2.8 Unit members may elect to discontinue or not enroll in the dental insurance program provided that they submit written proof of equivalent coverage. Unit members electing to discontinue or not enroll in the dental insurance program shall receive seventy-five percent (75%) or sixty-five dollars and twenty-five cents ($65.25) to be placed into a City -sponsored deferred compensation plan credited to the Unit member. Unit members may elect to resume dental coverage during any open enrollment period, as a result of any change in status, or any other period of time authorized by the policies and requirements of the City-sponsored dental coverage plans.

SECTION 3 - LONG TERM DISABILITY INSURANCE:

3.1 The City shall provide long-term disability insurance (or “LTD”) benefits for each full time Unit member (“covered Unit member”) as follows:
a. The City shall provide a LTD insurance plan for each covered Unit member under the terms, requirements and conditions set forth in the policy underwritten by a licensed insurance company contracted by the City.
b. The City’s existing Self -Funded Disability Plan dated September 1988 (“ Self-Funded Plan”) shall cease for all covered Unit members effective May 1, 2003, and thereafter all covered Unit members shall be covered by a LTD plan provided by a licensed insurance company contracted by the City, except for Unit members with approved claims under the Self-Funded Plan existing prior to that date (“existing LTD claimants”). As to such existing LTD claimants, the City has contracted with a licensed insurance company to provide claims administration services. The administration of the LTD claims for existing LTD claimants shall thereupon be handled by the licensed insurance company under the same terms as those in effect on the date the existing LTD claimant became disabled, and the City’s role shall be limited to payment of LTD benefits as and when directed by the licensed insurance company.

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3.2 The City shall provide short-term disability insurance (or “STD”) benefits for each Full Time Unit member (“covered Unit member”) as follows:
a. Solely in order to provide a maximum 60- day waiting period, the City shall provide an STD insuranc e plan for each covered Unit member under the terms, requirements and conditions set forth in the policy underwritten by a licensed insurance company contracted by the City. Nothing herein shall bind the City to provide STD insurance coverage if an alternate LTD policy is available at a cost that is acceptable to the City with a 60- day waiting period.

3.3 The parties acknowledge that AFSCME’s acceptance of the combined STD Plan and LTD Plan is conditioned upon inclusion of the following benefits to be provided by a licensed insurance company contracted by the City:

After a maximum of a 60-day waiting period
(1) A Unit member who has been employed with the City for five (5) or more years, and who is disabled from his or her own occupation, shall be entitled to 66 2/3% of his or her prevailing pay rate, plus Longevity Pay, A/B License Pay, Certification Pay, uniform costs, Bilingual Pay and Shift Differential Pay, to a maximum pay rate of $7,500.00 per month at the commencement of disability leave up to age 65; and (2) A Unit member who has been employed with the City for fewer than five (5) years and who is disabled from his or her own occupation shall be entitled to 66 2/3% of his or her prevailing pay rate, plus Longevity Pay, A/B License Pay, Certification Pay, uniform costs, Bilingual Pay and Shift Differential Pay, to a maximum pay rate of $7,500.00 per month at the commencement of disabi lity leave for 24 months. A Unit member who has been employed with the City for fewer than five (5) years and who is disabled from all occupations shall be entitled to 66 2/3% of his or her prevailing pay rate, plus Longevity Pay, A/B License Pay, Certification Pay, uniform costs, Bilingual Pay and Shift Differential Pay, to a maximum pay rate of $7,500.00 per month at the commencement of disability leave up to age 65.
(3) Except as required by applicable law, there shall be no reduction of LTD or STD benefits for a workers’ compensation award.
(4) There shall be no exclusion for “soft tissue injuries”, including but not limited to musculoskeletal and connective tissue disorders, strains and sprains of the cervical, thoracic and lumbosacral spine.
(5) The only allowable offsets are those listed in the LTD and STD Insurance policies.

3.4 The parties acknowledge that the City’s acceptance of the combined STD and LTD Insurance Plans, including the additional benefits that were not previously provided under the City’s Self - Funded Plan and/or prior MOUs, has been entered into in order to settle a lawsuit and is conditioned upon the following:

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(1) The City shall not self -fund LTD or STD benefits, including but not limited to, if any of the events set forth in 3.5, below, were to occur;
(2) The continued availability of insurance coverage for LTD and/or STD at a comparable cost as set in the LTD and STD policies, subject only to increases in premium not to exceed applicable increases in the Consumer Price Index for each year for the LTD and STD Plans underwritten by the licensed insurance company contracted by the City. (3) Eligibility for and administration of benef its under the STD Plan and the LTD Plan and eligibility and administration of benefits for existing LTD claimants, including but not limited to the determination whether a Unit member is disabled from his or her own occupation, shall be determined by the licensed insurance company contracted by the City, not by the City.

3.5 In the event the existing insurance carrier were to (1) cease doing business in the State of California, (2) cancel or cease to offer the STD Plan and/or the LTD Plan to the City, or (3) increase the premiums for LTD and/or STD coverage beyond the guaranteed rates set forth in the current LTD and STD policies, or a minor increase not to exceed applicable increases in the Consumer Price Index, whichever is greater, and if the City cannot find a different insurance carrier that provides the same terms, requirements and conditions at a comparable cost, the City shall provide AFSCME with the information it requires to seek alternate proposals for such coverage.

Thereafter, the City shall meet and confer with AFSCME to reach agreement on benefits under a replacement LTD and/or STD insurance policy with a different insurance carrier. Except as to the existing LTD claimants discussed in 3.1-b, above, the City is not required to provide LTD and/or STD coverage or benefits on a self-funded basis, now or in the future.

3.6 For injuries and other disabilities covered under California workers ’ compensation laws, Unit members shall be paid their regular pay rate for up to seventeen (17) weeks from the date of such disability (“workers ’ compensation leave”) or until the City’s workers’ compensation administrator terminates workers ’ compensation leave either due to payment of a “compromise and release” settlement, a disability and/or service retirement, the Unit member returns to work, or a refusal by the Unit member to return to work following a determination by a physician that the Unit member is no longer temporarily disabled, whichever comes first. In the event of a dispute between the treating physician and another physician as to the Unit member’s temporary disability status, such dispute shall be resolved in accordance with applicable California Workers’ Compensation laws. If a Unit member is approved for workers ’ compensation leave, the Unit member shall not be eligible for STD or LTD benefits during the period of such workers ’ compensation leave. LTD eligibility for Unit members who are still disabled after seventeen (17) weeks shall be determined by the terms of the LTD insurance plan described in section 3.1, above.

3.7 Unit members may use annual leave, sick leave and compensatory leave, for the additional one - third (1/3) of his/her salary, such leave to be paid through the payroll system biweekly, using twenty-six and three quarters (26¾ ) hours for such pay. There shall be no offset of LTD benefits for using this benefit.

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SECTION 4 - LIFE INSURANCE COVERAGE:

The City agrees to provide each Full-Time Unit member with term life insurance coverage of one hundred thousand dollars ($100,000.00) subject to the requirements of the insurance carrier. A Unit member shall have the right to purchase supplemental term life insurance, using monies remaining from the sum originally provided by the City for the Unit member’s health insurance with any balance to be paid at the Unit member ’s expense, up to whatever amount the insurance company provides, subject to any requirements of the insurance carrier. The City shall continue to offer additional life insurance programs already offered for Unit member purchase.

SECTION 5 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS):

5.1 For those Unit members hired before the effective date of the Cal PERS contract amendment providing for a tiered retirement benefit, the City shall include such Unit members in the CalPERS “3% at 60” Plan with the following optional public agency contract provisions:
a. The optional contract provisions relating to one (1) year final compensation; b. The optional contract provision relating to military service credit as public service; c. The optional contract provision relating to the 1959 Survivors Program at the level four benefits;
d. The optional contract provision relating to two years additional service credit; e. The optional contract provision relating to the ability to purchase part -time service credit, but solely at the Unit member’s own cost;
f. The optional contract provision relating to the Pre-Retirement Option 2W Death Benefit.

5.2 Unit members shall pay the full percentage of the member contributions on a pre-tax basis.

5.3 For those Unit members hired on or after the effective date of the Cal PERS contract amendment providing for a tiered retirement benefit, the City shall include such Unit members in the CalPERS “2% @ 55” Plan with the following optional public agency contract provisions. a. The optional contract provisions relating to one (1) year final compensation; b. The optional contract provision relating to military service credit as public service; c. The optional contract provision relating to the 1959 Survivors Program at the level four benefits;
d. The optional contract provision relating to two years additional service credit; e. The optional contract provision relating to the ability to purchase part -time service credit, but solely at the Unit member’s own cost;
f. The optional contract provision relating to the Pre-Retirement Option 2W Death Benefit.

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5.4 Unit Members shall pay the full percentage of the member contributions on a pre-tax basis.

5.5 In conjunction with the implementation of this two-tiered retirement system, the City will agree to create a secure account where the City will deposit fifty percent (50%) of the savings resulting from the two tiered retirement system. This secure account will not be accessible to the City for anything other than post -retirement medical benefits and will not be co -mingled with the City ’s general bank account.

5.6 For those Unit members hired on or after January 1, 2013, defined by Assembly Bill 340 – Pension Reform, as “New Members”, the City shall include such Unit members in the CalPERS “2% at 62” Plan with a three year final compensation period, and with the following optional contract provisions:
a. The optional contract provision relating to military service credit as public service; b. The optional contract provision relating to the 1959 Survivors Program at the level four benefits;
c. The optional contract provision relating to two years additional service credit; d. The optional contract provision relating to the ability to purchase part -time service credit, but solely at the Unit member’s own cost;
e. The optional contract provision relating to the Pre-Retirement Option 2W Death Benefit.

5.7 “New Members” shall pay the full percentage of the member contributions on a pre-tax basis.

SECTION 6 - DEFERRED COMPENSATION PROGRAMS:
a. The City shall continue deferred compensation programs already offered by the City and any others’ agreed to by the parties.
b. The City agrees to match the amount, dollar for dollar, up to seven - hundred dollars ($700.00)contributed to the Unit member’s deferred compensation account.

SECTION 7 - VISION CARE PROGRAM:

The City shall continue to sponsor a vision care program . Eligible Unit members may purchase vision care through payroll deduction from wages and/or with monies remaining from the sum provided for health insurance.

SECTION 8 - SECTION 125 PLAN:

The City shall provide a Section 125 Tax Code plan in order to allow Unit member s to deduct excess insurance premiums, unreimbursed medical expenses, and childcare payments before taxes.

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SECTION 9 - COMPUTER LOAN PROGRAM:

The City has established a citywide Computer Loan Program, the implementation of which shall be governed by SMP No. 3.46, with the exception that the City shall allow AFSCME, Local 809, to have access to the City’s “Computer Loan Program” to purchase one computer for official union use, provided that the loan is repaid within thirty -six (36) months. The loan shall carry no interest and shall be repaid from union dues within thirty-six (36) months. The City shall receive repayment of this loan by subtracting thirty-six (36) equal payments from the union dues prior to sending the dues to AFSCME.

SECTION 10 – EDUCATION/TUITION REIMBURSEMENT:

City will reimburse a Unit member up to the California State University in-state rate (per semester, quarter, or academic year: https://www.calstate.edu/attend/paying -for-college/tuition-by-year) for continuing education through an accredited program that either offers growth in an area related to the Unit member’s current position or that may lead to promotional opportunities, as determined by the Human Resources Director. This education may include college courses, continuing education units, adult education classes, certification examination fees, and job- related workshops/seminars/conferences not already paid for by the City on behalf of the employee.

The Unit member must take the course on the member’s own time. City time may not be used to attend educational opportunities covered by this program. If a course is only offered during regularly scheduled work hours, the Unit member’s supervisor and Department Director may make reasonable efforts to adjust work schedules to accommodate the scheduling conflict.

A Unit member must secure a passing grade of "C" or its equivalent or obtain a certification to receive any reimbursement. Expenses must be validated by receipts and a copy of the final grade or certification received. Full-time, regular Unit members who have completed six- months of employment are eligible.

The deadline for submitting Education Reimbursement Forms for any expenses of the prior Fiscal Year is the end of the second full pay period of July.

California State University Dominguez Hills Incentive
Unit members who are students enrolled in course work at California State University Dominguez Hills shall be eligible for additional reimbursement of parking permits (excluding violation fees and citations) and required reading materials/textbooks, to be confirm ed by instructor/school issued course syllabi or other official university documentation.

The Education Tuition Reimbursement program may be revoked or suspended by the City Council at anytime and at the City Council’s discretion, without requirement for meet and confer. Should the City Council decide to revoke or suspend the program, U nit members currently enrolled in course work will be permitted to complete and submit reimbursement requests for the current active term (quarter or semester).

SECTION 11 – ACCESS TO CITY PROGRAMS AND ACTIVITIES:

Where the City offers special residential rates or special access to programs for Carson residents, non- resident employees shall be able to sign up for any city activities or access city programs at the Carson residential rate.

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ARTICLE V
LEAVES
SECTION 1 - ANNUAL LEAVE:

The City shall provide Unit members with annual leave subject to the following conditions:

1.1 Annual leave is a period of approved absence with pay from regularly scheduled work which is not properly chargeable to some other category of leave. Annual leave is the combination of the previous leaves of vacation leave, the three days of floating holiday and sixteen (16) hours of the forty (40) hours of personal leave.

1.2 Unless the Unit member ’s use of annual leave interferes with work group operations, the Department Director shall permit Unit member s to use annual leave at the Unit member ’s discretion.

1.3 Unit members shall be credited with annual leave at the following rates:
a. Eleven and thirty-three hundredth (11.33) hours for each month of service or major portion thereof from the date of appointment;
b. Thirteen and thirty- three hundredth (13.33) hours for each month of service or major portion thereof upon the fifth anniversary date; and
c. Sixteen and sixty-six hundredth (16.66) hours for each month of service or major portion thereof upon the tenth anniversary date.
d. Upon the twentieth anniversary date Unit members will be credited with ten (10) hours of annual leave in additional to the credit under Section 1.3c. e. Upon the twenty-first anniversary date Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under Sections 1.3c and 1.3d. f. Upon the twenty- second anniversary date Unit member s will be credited with ten (10) hours of annual leave, in addition to the credit under Sections 1.3c, 1.3d and 1.3e. g. Upon the twenty-third anniversary date and each anniversary date thereafter, Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under Sections

1.3c, 1.3d, 1.3e, and 1.3f.

1.4 Unit members shall not be credited with annual leave for leave of absence without pay exceeding eighty (80) working hours in any calendar month.

1.5 Unit members may use annual leave only after completing their initial six (6) months of service.

Unit members shall not use less than one (1) hour of annual leave at any one time.

1.6 Unit members may not accrue more than six hundred (600) hours of annual leave.

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1.7 When employment terminates, the Unit member shall be compensated for any annual leave. The value of accrued annual leave shall be calculated using the Unit member’s prevailing pay rate, plus longevity pay on the date of the Unit member’s separation from City service.

SECTION 2 - SICK LEAVE:

The City shall provide Unit members with sick leave subject to the following conditions:

2.1 Unit members shall be credited with sick leave at the rate of ten (10) hours of sick leave for each month of service or major portion thereof. Sick leave shall not be credited for leaves of absence without pay exceeding eighty (80) working hours in any calendar month.

2.2 Unit members may accrue a maximum of one thousand two hundred (1,200) hours of sick leave.

The maximum amount of sick leave shall remain seven hundred sixty (760) hours for cash -out upon separation from the City pursuant to Section 2.6 listed below. Unit members may use accrued sick leave only after completing their initial one (1) month of service.

2.3 Unit members may not use sick leave at their discretion, but only in cases of actual illness, sickness, and/or quarantine, of the Unit member , or of the Unit member’s immediate family, and (to the extent required by California law) to the domestic partner and/or children of the Unit member ’s domestic partner where the Unit member must provide care to the immediate family member, domestic partner, and/or children of the domestic partner, or for bereavement. Sick leave may also be used for personal medica l, dental, and optical appointments and pregnancy, and for any other appointments for the purpose of obtaining professional diagnosis or examinations for a medical or mental health condition, of the Unit member, his/her immediate family, and (to the extent required by California law) of the domestic partner and/or children of his/her domestic partner. Unit members may also use any accrued sick leave for any leave necessitated as a result of pregnancy disability under California Government Code Section 12945, family medical leave under California Government Code Sections 12945.2 and 12945.3 (the Moore -Brown-Roberti Family Rights Act), 42 U.S.C. Section 2601, et seq. (the federal Family Medical Leave Act), or leave under the Americans with Disabilities Act or California Fair Employment and Housing Act.

2.4 When a Unit member uses sick leave in excess of three (3) consecutive working days , the Department Director may require the Unit member to present upon return to work a personal certification (not a doctor’s slip) stating the reason for the sick leave. In administering this section, the City will at all times, respect to the maximum extent possible, the privacy of the Unit member.

When a Unit member uses sick leave in excess of thirty (30) consecutive working hours, the Unit member shall present upon return to work a medical certification signed by a physician or licensed medical practitioner verifying the Unit member’s need to be off work.

2.5 When a Unit member wishes to use accrued sick leave, the Unit member shall notify his/her immediate supervisor by phone, either directly or by leaving a time-stamped voice mail message, of the intended absence due to sickness, either before, or within one (1) hour after the time set for beginning the work period, unless the Unit member is incapacitated and physically unable to provide the required notification. Unit member s on sick leave shall regularly inform their immediate supervisor of their physical condition.

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2.6 When employment terminates, the Unit member shall be compensated for one-half (1/2) the value of accrued sick leave up to 760 hours provided the Unit member has 1,825 calendar days (5 years) of service. For purposes of this subsection, “ service” shall mean the length of employment with the City since the most recent date of hire, with no credit for time spent on leaves of absence without pay beyond the initial two (2) weeks of any such leave of absence. The value of accrued sick leave shall be calculated using the Unit member’s prevailing pay rate, plus longevity pay, on the date of the Unit member’s separation from City service.

2.7 Upon retirement or separation, unit members may elect to deposit any cashed out accrued sick leave into a City-sponsored deferred compensation account up to the annual plan maximum.

SECTION 3 - SICK LEAVE INCENTIVE PLAN:

Each eligible Unit member who has used fifty (50) hours or less of sick leave during the preceding calendar year may elect to receive pay for fifty percent (50%) of the sick leave earned (at one hour pay for one hour converted) during the preceding calendar year, less the amount of sick leave used during the same period.

3.1 At the Unit member’s election, the payment for unused sick leave may be converted to equivalent annual leave.

3.2 The Unit member shall indicate election by written request to the Finance Officer on the City leave request form on or before January 15 of the succeeding calendar year. Payment for unused sick leave or the posting of annual leave shall be done on or before February 15 of each succeeding year as indicated above.

3.3 When a Unit member elects to receive payment in cash or annual leave, such Unit member’s sick leave balance shall be reduced by the amount paid off in cash or converted to annual leave credit.

Sick leave not converted as provided herein to cash or annual leave will accumulate as sick leave credit.

3.4 To be eligible for this provision, a Unit member must have been a full-time regular Unit member for two full years prior to the calendar year during which the sick leave to be converted is earned.

The Unit member must have a minimum of two hundred forty (240) hours of sick leave credits on December 31 of each year in order to qualify for the conversion benefit.

SECTION 4 - SICK LEAVE BANK:

The City and AFSCME have agreed to amend the current leave bank policy to include language that will allow an AFSCME member to donate up to 25% of any combination of their accrued sick and/or annual leave hours, provided the donation leaves the Unit member with at least a combined balance of one hundred (100) hours of sick leave, annual leave and/or compensatory time. These donated hours, as approved by the City, shall accrue directly to the sick leave balance of any designated active Full -Time Unit member of the City. The City will continue to amend the leave bank policy to address how unused donated sick leave hours might be returned to donors.

SECTION 5 - COMPENSATORY LEAVE:

The City shall provide Unit members with compensatory leave subject to the following conditions:

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5.1 Reasonable requests for use of compensatory leave shall not be denied. Unit members shall not use less than one-half (.5) hour of compensatory leave at any time.

5.2. Unit members may accrue a maximum of eighty (80) hours of compensatory leave. A Unit member may carry over to the next calendar year up to eighty (80) hours of compensatory leave.

5.3 A Unit member shall request use of compensatory leave in advance by a written notice submitted to their supervisor. Use of compensatory time shall require the prior written approval of the Department Director. The City shall not require a Unit member to use compensatory time within the same pay period in which it was earned. The City shall not mandate flex-time in order to avoid any overtime liability. The Department Director shall permit compensatory leave to be used at the discretion of the Unit membe r, unless the Department Director determines, in his/her sole discretion, that the Unit member’s use of compensatory leave on the date and/or times requested interferes with work group operations. A Unit member may combine the use of compensatory leave with other authorized paid leave if approved by the Department Director.

5.4 When a Unit member separates from the City service for any reason, the Unit member shall be compensated for any accrued compensatory leave. The value of accrued compensatory leave shall be calculated using the Unit member’s prevailing pay rate, plus longevity pay, on the date of the Unit member’s separation from City service. Comp time hours cashed at separation are not eligible for the City’s match under the City’s deferred compensation program.

SECTION 6 - BEREAVEMENT LEAVE:

A Unit member will be allowed to use up to thirty (30) consecutive hours of paid bereavement leave per occurrence in the event of the death of the Unit member’s spouse, domestic partner, child, step child, foster child, parent, step parent, brother, sister, grandparent, grandchild, parent s-in-law, brothers-in-law, sisters-in-law, sons-in-law and daughters-in-law. Bereavement leave does not accrue, nor can it be cashed out if not used by the Unit member.

SECTION 7 - REDEMPTION OF ACCUMULATED LEAVE:

7.1 In addition to the current sick leave incentive program, AFSCME members covered by this MOU may redeem up to one hundred-twenty (120) hours of any accumulated leave, OR equal to amount negotiated by any other bargaining unit(s), per fiscal year. The redemption shall be subject to the following conditions:
a. Sick leave will be paid at a rate of one (1) hour of pay for each two (2) hours of sick leave redeemed.
b. All other types of leave will be paid at the rate of one (1) hour of pay for each hour of leave redeemed.

SECTION 8 - HOLIDAY LEAVE:

The City shall provide Unit members with the following holidays with pay subject to subsections 8.2 through 8.6 below:

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8.1 The following days will be recognized holidays for Union Unit members:

January 1 (New Year’s Day)
The third Monday in January (Dr. Martin Luther King Jr. Day) January 30 (Fred T. Korematsu Day)
The third Monday in February (President’s Day)
March 8 (International Women’s/Rosa Parks Day)
March 31 (Cesar E. Chavez Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July Fourth (Independence Day)
The first Monday in September (Labor Day)
October 25 (Larry D. Itliong Day)
November 11 (Veteran’s Day)
The fourth Thursday in November (Thanksgiving Day)
December 25 (Christmas)
Every day proclaimed by the President, Governor or Mayor of this City as a public holiday.

8.2 When any day granted as a holiday falls on a Friday or Saturday, the ten hours of holiday leave will be converted to annual leave and added to the Unit member s’ annual leave balance. In order to get this leave conversion, the Unit member must work the full scheduled work period immediately before and immediately after the holiday unless the Unit member is absent from any portion or all of the scheduled work period immediately before and after a holiday on authorized paid leave. A Unit member shall not r eceive pay for a holiday if any leave without pay (except furlough leave) was used by the Unit member during his or her work period immediately preceding or following the holiday.

For Unit members that do not work a Monday-Thursday schedule the following will apply:

When any day designated as a holiday falls on the Unit member’s regular day off, the Unit member shall have the option to take the work day prior to or the work day after the holiday off in observance of the holiday, or be provided with 10 hours of annual leave, upon approval of Department Director.

8.3 When any day granted as a holiday falls on a Sunday, the following Monday shall be considered the holiday. In order to be paid for a holiday, the Unit member must work the full scheduled work period immediately before and after the holiday unless the Unit member is absent from any portion or all of the scheduled work period immediately before and after a holiday on authorized paid leave. A Unit member shall not receive pay for a holiday if any leave without pay (except furlough leave) was used by the Unit member during his or her work period immediately preceding or following the holiday.

8.4 In the event that the Mayor or the City Council declares a portion of the day before Christmas (December 24th) or a portion of the day before New Year’s Day (December 31st) to be a holiday, the Unit member must use such additional holiday leave when granted, and such leave cannot be accrued. Unit members absent on other paid leave when such additional holiday leave is granted shall not receive compensatory leave or additional pay because of their absence. A Unit member AFSCME 809 (FT) MOU 2024-2027

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shall not receive holiday pay for this half -day holiday if any leave without pay (except furlough leave) was used by the Unit member during his or her work period immediately preceding or immediately following the half-day holiday.

8.5 All designated holidays shall be compensated in 10- hour increments, for a total of one hundred forty (140) hours annually regardless of a Unit member’s work schedule.

8.6 When a Unit member is assigned to a 5/40 or 9/80 schedule, excess holiday hours may be accumulated up to twenty-six (26) hours for use as other paid leave credits. It is agreed that a Unit member can carry a negative holiday leave balance which may come about as a result of assuring that this agreement does not result in a need to utilize regular hours for the Friday following Thanksgiving.

8.7 Should the City abandon the closure of City Hall on Fridays, the day after Thanksgiving will be reinstated as a holiday, and holiday hours will be renegotiated to ensure that all AFSCME Unit members accrue the same number of holiday hours.

SECTION 9 - WORKERS’ COMPENSATION LEAVE:

The City will provide workers ’ compensation coverage and leave for City Unit member s in accordance with California workers’ compensation law.

9.1 Except as otherwise provided, Unit member s disabled by bodily injury or sickness in the course and scope of employment shall be paid their regular pay rate for up to seventeen (17) weeks from the date of disability or until the City’s workers’ compensation administrator terminates workers’ compensation leave due to payment of a “compromise and release” settlement, a disability and/or service retirement, the Unit member returning to work, or a refusal by the Unit member to return to work following a dete rmination by a physician that the Unit member is no longer temporarily disabled, whichever comes first. In the event of a dispute between the treating physician and another physician as to the Unit member ’s temporary disability status, such dispute shall be resolved in accordance with applicable California Workers’ Compensation laws. During the time the Unit member is disabled, the Unit member shall continue to accrue annual leave, sick leave, and seniority for purposes of pay adjustments or advancements.

9.2 Unit members who are still disabled after seventeen (17) weeks, may apply for long-term disability insurance and long-term disability benefits in accordance with Article IV, Section 3.

9.3 The City shall make all reasonable efforts to provide Unit member s with light duty assignments when the Unit member is still disabled after seventeen (17) weeks from the date of disability.

9.4 As used in this Section 9, the term “disabled” or “disability” shall have that meaning set forth in California Workers’ Compensation law.

SECTION 10 - MILITARY LEAVE:

The City shall grant military leave to Unit member s as provided in the California Military and Veterans Code Sections 389 through 395.4. Unit member s on ordered military leave shall be paid their prevailing AFSCME 809 (FT) MOU 2024-2027

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pay rate in addition to their military pay for periods not to exceed a total of thirty (30) days each fiscal year as provided by State Codes.

SECTION 11 - LEAVE OF ABSENCE WITHOUT PAY:

11.1 The City has the authority to grant or deny a Unit member ’s request for leave of absence from work without pay, except that the City shall not unreasonably deny a request for unpaid leave due to the medical disability of the Unit member or a member of his/her immediate family.

11.2 The City shall not grant an unpaid leave in excess of one (1) year for Unit member s with five (5) years or less seniority, in excess of two (2) years for Unit member s with more than five (5) years seniority, or in excess of three (3) years for Unit members with more than ten (10) years seniority.

11.3 A Unit member on an unpaid leave for 61 days or more shall not accrue seniority for that portion of the leave over 60 days.

11.4 After the expiration of the unpaid leave, the Unit member shall be assigned to his/her former classification. Probationary Unit members are not eligible for unpaid leaves of absence, except as required by law.

11.5 The Unit member requesting the leave shall state in writing the reasons for the request.

11.6 The continuation of City paid benefits for Unit members on leave without pay for medical reasons shall be ninety ( 90) days or longer as applicable with the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL). Those Unit members not covered by FMLA, CFRA, and/or PDL, shall not be eligible for the continuation of City paid benefits, but will be eligible for Cobra benefits at their expense.

SECTION 12 - FLEX SCHEDULES:

The City will work with Unit members to achieve flexibility in work schedules to accommodate special needs in areas such as childcare, eldercare or education. These accommodations can be made whenever they can be done without causing hardship on the work unit. The allowable work schedule flexibility shall be restricted to those that can be made within the workday, such as modifying starti ng or ending time by thirty (30) minutes, and/or reducing the meal period to thirty (30) minutes. Flexibility may also include other modifications which would require the use of leave hours or reductions in pay.

SECTION 13 - TIME OFF FOR VOTING:

The City shall provide Unit members with time off for voting subject to the following conditions:

13.1 When a Unit member claims not to have sufficient time outside of working hours to vote at a statewide election, the Unit member may, without loss of pay, with the approval of the Director of Human Resources, take off enough working hours which when added to the voting hours available outside of working hours will enable the Unit member to vote. The Director of Human Resources may not authorize a Unit member to take off more than two (2) hours from work for voting with pay. The time off authorized for voting shall be only at the beginning or end of the work period, whichever allows the Unit member the most time for voting and the least time off from work.

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13.2 If the Unit member knows or has reason to believe that time off for voting will be necessary on election day, the Unit member shall notify the Director of Human Resources of that fact at least two (2) workdays in advance. At least ten (10) days before every statewide election, the Director of Human Resources shall post the provisions of this section conspicuously at the civic center or elsewhere so that the notice may be seen as Unit members come to their place of work.

SECTION 14 - LUNCH PERIOD:

An uninterrupted, uncompensated lunch period of thirty (30) minutes or one (1) hour will be afforded to Unit members. The lunch period may not be combined with the rest periods or used to compensate for a late arrival or early departure from work unless approved by the Unit member’s supervisor. The time, not the length, of lunch periods may be modified to accommodate childcare pickup and delivery to provider, with the approval of the Department Director.

SECTION 15 - REST PERIOD:

The City shall provide Unit members with a compensated rest period of fifteen (15) minutes for each half work period. Unit members may not use the rest period to compensate for a late arrival to or early departure from work. Rest periods shall have no monetary value and shall be forfeited if not used during the work period.

ARTICLE VI
LAYOFF
SECTION 1 - PREREQUISITE FOR LAYOFF:

When as a result of a cutback in personnel it becomes necessary to initiate a layoff of Unit member s in any representation unit covered by this MOU, the following shall be the prerequisite to such a layoff:

1.1 All non- classified part -timers, temporary, seasonal and/or recurrent and probationary Unit members working in the class have been released from the class.

1.2 Unit members in the class have been given the opportunity to seek lateral transfers to existing vacant positions. Such transfer requests shall not be denied except for just cause.

1.3 Management will meet and consult with the representatives of AFSCME, Local 809 over alternative courses of action to avoid such layoff.

1.4 Notice of actual layoff shall be given no less than forty-five (45) calendar days before the date of implementation. Such notice shall include:
a. Classification where layoff is to occur;
b. Seniority list by total continuous City tenure of Unit members in the affected class; c. List of current permanent vacancies in all classes represented by AFSCME, Local 809; AFSCME 809 (FT) MOU 2024-2027

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d. Separate notice to any Unit member in the class who has two (2) or more below -standard evaluations within the preceding three (3) years.

SECTION 2 - ORDER OF LAYOFF:

2.1 Unit members who have two (2) or more below-standard annual evaluations within the preceding three (3) years shall be laid off first.

2.2 Next layoff shall occur on the basis of City- wide tenure, the least senior Unit member based on total continuous employment shall be laid off first and any subsequent layoff shall proceed to the next least senior.

2.3 Ties in tenure – Where the total and continuous employment of two (2) Unit member s are of the same length, seniority shall be decided by the drawing of lots.

SECTION 3 - VOLUNTARY DEMOTION:

A Unit member so laid off may choose voluntary demotion so as to avoid layoff.

3.1 Such voluntary demotion can be to a lower or equal class of previous standing or to a lower or equal class in the same occupational grouping. Occupational groupings are attached as Exhibit B.

3.2 If the voluntary demotion causes a layoff in the lower or equal class, such layoff shall follow the provisions of this article. However, in no event can a Unit member displace someone with more Citywide seniority except as permitted by Section 2.1 of this article.

SECTION 4 - RECALL:

Unit members who laterally transfer, take a voluntary demotion or are laid off pursuant to the provisions of this article shall have their names entered onto a recall list for the classification of original standing.

4.1 Such a list shall be inverse order of layoff, lateral transfer or demotion.

4.2 The recall list shall be kept by Human Resources and shall be used in order when any vacancy for that class is to be filled.

4.3 The list shall be maintained until all names have been offered an opportunity for recall or at the end of three (3) years, whichever occurs first.

4.4 The appointing authority shall offer appointment to the first name on said list, if the individual accepts, and he or she shall be appointed after sixty (60) days from the date of layoff, the Unit member may be required to take a medical examination so as to ensure the Unit member is medically and mentally capable of performing the duties of the class. The individual shall still be required to meet the minimum standards of the class.

SECTION 5 - LAYOFF FROM OTHER REPRESENTATIONAL UNITS:

In the case of a layoff in a classification not covered by this agreement, a Unit member who had previous employment in a classification covered by this agreement shall have the same rights as listed in Section 3 AFSCME 809 (FT) MOU 2024-2027

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“Voluntary Demotion” provided, however, that such Unit member’s seniority shall be based solely upon total employment in classifications covered by this agreement.

SECTION 6 - SEVERANCE PACKAGE:

The City shall provide laid off Unit members a severance package in exchange for release of all claims as follows:

6.1 Severance pay calculated at thirty (30) hours for each year of service with a minimum benefit of 173.33 hours pay and a maximum benefit of 520 hours pay.

6.2 Medical and dental benefits will be provided through the regular insurance and/or COBRA reimbursement for the time period equivalent to the number of days as the severance pay.

ARTICLE VII

NON-DISCRIMINATION
The City will not discriminate in the treatment of a Unit member on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, pregnancy related conditions, union activity, union membership, or military and veteran status of any person.

ARTICLE VIII

HEALTH AND SAFETY
SECTION 1 - SAFETY RESPONSIBILITIES:

1.1 The City and AFSCME shall make a good faith effort to provide and maintain a safe and healthful place of employment.

1.2 Unit member s shall perform their assigned duties safely using the practices, means, methods, operations, and processes prescribed by any law, occupational safety or health standard, safety order, or safety rule and regulation. Unit members shall report any unsafe practices, equipment or hazardous conditions promptly to their immediate supervisor.

1.3 The City shall not require nor permit any Unit member to go or be in any employment not reasonably safe and healthful.

1.4 The City shall not discipline any Unit member for refusing to perform tasks in the performance of which any law, occupational safety or health standard, or safety order would be violated, and if such violation would create a real hazard to the Unit member.

1.5 The City shall not instruct Unit members to perform tasks in violation of any law, occupational safety and health standard (OSHA/CalOSHA); or any safety order that would be violation; or such violation that would create a hazard or imminent harm to the Unit member. The City shall provide the proper training to ensure a safe working environment including receiving proper certifications and licenses.

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1.6 All certifications and licenses shall be kept in the employee’s personnel file as well as with Risk Management per OSHA/CalOSHA standards.

1.7 If an employee identifies an unsafe working condition, they should report to their chain of command as well as Risk Management. There shall be no retaliation against any employee for reporting unsafe working conditions. The city will be in compliance with Labor Code 232.5.

SECTION 2 - SAFETY COMMITTEE:

The City and AFSCME shall jointly participate in an advisory safety committee. The membership of the safety committee shall consist of two (2) City representatives designated by the City Manager from the union, two (2) Unit member representatives designated from and by each other recognized Unit member organization of the City, and the safety officer. The safety committee shall make a good faith effort in an advisory capacity to provide and maintain a safe and healthful place of employment. The safety committee shall meet on a monthly basis or other agreed schedule.

SECTION 3 - SAFETY DEVICES AND SAFEGUARDS:

The City shall furnish and the Unit member shall use safety devices and safeguards. The City shall adopt and use practices, means, methods, operations, and processes, which are reasonably adequate to render City employment safe and healthful.

3.1 The City shall provide safety shoes to eligible Unit member s based upon the recommendation of the safety committee as to the type best suited to the work performed. The City shall pay the full cost of safety shoes without limitation as to style, brand or number of pairs. a. Management shall have the exclusive authority to determine eligibility standards of replacement safety shoes. A Unit member ’s request for replacement of safety shoes shall not be approved unless the need for such new safety shoes is based on normal wear as determined by management.
b. If deemed necessary by management, the installation of new insoles could be permitted in lieu of purchasing new shoes.

3.2 The City will provide one (1) Class 3 Reflective Safety Jacket for safety related positions, replaced as needed; up to three (3) jackets total per Unit member, per contract term.

SECTION 4 - PESTICIDE SAFETY:

A Unit member shall not use Class I pesticides without proper authorization. The City shall comply with laws, regulations, standards and orders governing the use of pesticides.

SECTION 5 - USE OF VETERANS SPORTS COMPLEX:

All City Unit member s and their families shall be entitled to use all facilities and programs at Veterans Sports Complex at the rates below:

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Unit member - One hundred dollars ($100.00) per year.

Unit member and family - One hundred fifty dollars ($150.00) per year.

Unit members who renew memberships shall receive the same percentage discount on the above prices as the general public receives at time of renewal.

For the purposes of this section, family shall mean those family members eligible for coverage under the Ca1PERS Health Insurance provided by the City.

SECTION 6 - CLASS “A” AND “B” DRIVERS LICENSE REQUIREMENT:

6.1 The City shall pay the license fee for Class A and B Driver’s Licenses.

6.2 The City shall pay for medical examinations required for Class A and B Driver’s Licenses.

SECTION 7 - FIRST AID AND CPR:

Provided that the subject training can be provided by certified in-house staff, on a voluntary basis, the City will provide First Aid training and certification and Cardio -Pulmonary Resuscitation (CPR) training and certification to all unit members within the Crafts and Trades Unit who work out in the field, at no cost to the unit members. Training for new unit members within the Crafts and Trades Unit who work out in the field shall be offered at least annually and re- certification trainings will be offere d in conformance with the required recertification dates of the American Red Cross.

ARTICLE IX

DISCIPLINE AND DISCHARGE
SECTION 1 - JUST CAUSE:

A Unit member covered by this MOU may be suspended without pay, demoted or discharged for just cause. A Unit member ’s suspension without pay may be achieved through a temporary decrease in step without any loss of work by the Unit member ; the step decrease shall not exceed the period of time necessary to achieve the loss of pay equivalent to a stated suspension; and it shall not a ffect the Unit member’s step anniversary date. Unit members, other than probationary, shall have the right of appeal.

SECTION 2 - REPRESENTATION:

2.1 Unit members may be represented by a Union representative or legal counsel at pre -disciplinary conferences and/or post-disciplinary appeal hearings.

2.2 Advocates of the Union who are City Unit member s shall at all times be treated with respect by the City.

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ARTICLE X

GRIEVANCE PROCEDURE
SECTION 1 - GRIEVANCE DEFINED:

A grievance is a complaint that there has been a violation of this MOU. The Unit member and/or the Unit member’s designated representative bringing such a claim shall state how the violation affects their wages, hours, working conditions, or job security as provided for in this MOU.

SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE:

When a Unit member has a complaint, the Unit member and/or the Unit member ’s designated representative shall first informally discuss the matter with the Unit member ’s immediate supervisor within twelve (12) working days from the incident or decision generating the grievance. If after the discussion with the immediate supervisor, the complaint has not been satisfactorily resolved, the Unit member and/or Unit member’s designated representative shall have the right to informally discuss the complaint with the supervisor’s immediate superior. If after such a discussion, the complaint has not been satisfactorily resolved, the Unit member shall have the right to file a formal grievance.

SECTION 3 - FORMAL GRIEVANCE PROCEDURE:

The formal grievance shall be used to resolve a Unit member’s complaint not satisfactorily resolved by informal discussion.

3.1 A Unit member shall have the right to present a formal grievance, in writing, within twelve (12) working days after the discussion of the grievance with the immediate supervisor and the immediate supervisor’s superior. All formal grievances shall state the violation of this MOU and how it affects the Unit member ’s wages, hours, working conditions or job security, and the Unit member’s suggested solution.

3.2 The formal grievance shall be presented to the Division Manager. The Division Manager shall discuss the grievance with the Unit member and/or the Unit member’s designated representative.

Within twelve (12) working days after receipt of the formal grievance, the Division Manager shall render a written decision regarding its merits. If the Division Manager ’s decision does not satisfactorily resolve the complaint, the Unit member and/or Unit member ’s designated representative may present the formal grievance to the Department Director of the work group.

The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this article when the Unit member does not seek further review of the grievance within twelve (12) working days after the receipt of the decision of the Division Manager. Failure of the Division Manager to render a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.

3.3 When the Unit member presents a formal grievance to the Department Director , the Department Director shall discuss the grievance with the Unit member and/or the Unit member’s designated representative. Within twelve (12) working days after receipt of the formal grievance, the Department Director shall render a written decision regarding its merits. If the Department Director’s decision does not satisfactorily resolve the complaint, the Unit member and/or Unit member’s representative may present the formal grievance to the City Manager. The grievance AFSCME 809 (FT) MOU 2024-2027

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shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this article when the Unit member does not seek further review of the grievance within twelve (12) working days after the receipt of the decision of the Department Director .

Failure of the Department Director to render a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.

3.4 When the Unit member presents a formal grievance to the City Manager, the City Manager shall discuss the grievance with the Unit member and/or the Unit member’s designated representative.

Within twelve (12) working days after receipt of the formal grievance, the City Manager shall render a written decision regarding its merits. The decision of the City Manager shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City’s administrative process. Should the City Manager fail to render a written decision within twelve (12) working days, the Unit member may consider the administrative procedures completed and sue for redress of the grievance.

3.5 If the decision of the City Manager does not resolve the grievance to the Unit member ’s satisfaction, the Unit member, and/or the Union, may sue for redress of grievance.

SECTION 4 - NON-DEPARTMENTAL GRIEVANCES:

4.1 Grievances resulting from decisions or actions outside the departmental chain-of-command shall be initiated by the Unit member and/or the Unit member ’s representative with the Department Director of the work group from which a complaint generates. The Unit member and/or the Unit member’s designated representative shall first informally discuss the matter with the Department Director (or Assistant City Manager, if the complaint is the result of decisions or actions generated by the City Manager’s work group) within twelve (12) working days from the incident or decision generating the grievance. If the informal discussion does not satisfactorily resolve the grievance, the Unit member shall have the right to file a fo rmal grievance, in writing, with the Department Director (or Assistant City Manager, if applicable), within twelve (12) working days after the informal discussion of the grievance with the Department Director (or Assistant City Manager, if applicable). The formal grievance shall state the violation of this MOU and how it affects the Unit member’s wages, hours, working conditions or job security, and the Unit member’s suggested solution.

4.2 When the Unit member presents a formal grievance to the Department Director (or Assistant City Manager, if applicable), the Department Director (or Assistant City Manager, if applicable) shall discuss the grievance with the Unit member and/or the Unit member’s designated representative.

Within twelve (12) working days after receipt of the formal grievance, the Department Director (or Assistant City Manager, if applicable) shall render a written decision regarding its merits. If the Department Director ’s (or Assistant City Manager ’s, if applicable) decision does not satisfactorily resolve the complaint, the Unit member and/or Unit member’s representative may present the formal grievance to the City Manager. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this article when the Unit member does not seek further review of the grievance within t welve (12) working days after the receipt of the decision of the Department Director (or Assistant City Manager, if applicable). Failure of the Department Director (or Assistant City Manager, if applicable) to render AFSCME 809 (FT) MOU 2024-2027

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a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.

4.3 When the Unit member presents a formal grievance to the City Manager, the City Manager shall discuss the grievance with the Unit member and/or the Unit member’s designated representative.

4.4 If the decision of the City Manager does not resolve the grievance to the Unit member ’s satisfaction, the Unit member, and/or the Union, may sue for redress of grievance.

4.5 Grievances resulting from decisions or actions of the Director of Human Resources shall be initiated by the Unit member and/or the Unit member’s representative with the Director of Human Resources & Risk Management . The Unit member and/or the Unit member ’s designated representative shall first informally discuss the matter with the Director of Human Resources within twelve (12) working days from the incident or decision generating the grievance. If the informal discussion does not satisfactorily resolve the grievance, the Unit member shall have the right to file a formal grievance, in writing, with the Director of Human Resources , within twelve (12) working days after the informal discussion of the grievance with the Director of Human Resources & Risk Management. The formal grievance shall state the violation of this MOU and how it affects the Unit member ’s wages, hours, working conditions or job security, and the Unit member’s suggested solution.

4.6 When the Unit member presents a formal grievance to the Director of Human Resources , the Director of Human Resources shall discuss the grievance with the Unit member and/or the Unit member’s designated representative. Within twelve (12) working days after receipt of the formal grievance, the Director of Human Resources shall render a written decision regarding its merits. If the Director of Human Resources’ decision does not satisfactorily resolve the complaint, the Unit member and/or Unit member ’s repr esentative may present the formal grievance to the City Manager. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this article when the Unit member does not seek further review of the grievance within t welve (12) working days after the receipt of the decision of the Director of Human Resources & Risk Management . Failure of the Director of Human Resources to render a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.

4.7 When the Unit member presents a formal grievance to the City Manager, the City Manager shall discuss the grievance with the Unit member and/or the Unit member’s designated representative.

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twelve (12) working days, the Unit member may consider the administrative procedures completed and sue for redress of the grievance.

4.8 If the decision of the City Manager does not resolve the grievance to the Unit member ’s satisfaction, the Unit member, and/or the Union, may sue for redress of grievance.

SECTION 5 - REPRISALS:

The City shall not institute any reprisals against any Unit member or designated representative resulting from the use of the grievance procedure.

ARTICLE XI

APPEAL PROCEDURES
SECTION 1 - REQUEST FOR DISCIPLINARY HEARING:

A non-probationary Unit member, or a Unit member who is on a promotional probationary period who is disciplined for other than failure to pass probation, who believes he or she has been suspended, or demoted without alleged just cause shall have the right to appeal the imposition of that disciplinary action. When a Unit member and/or the Unit member’s designated representative or the Unit member’s legal counsel, requests a disciplinary hearing, the request shall be in writing, signed by the Unit member, and presented to the Director of Human Resources within twelve (12) working days after the notification date of the imposition of the disciplinary action. Any such request shall be addressed to the Director of Human Resources and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the Unit member. All disciplinary hearings shall be conducted in private, under no circumstances shall the hearing be open to the public. If the Unit member fails to request a disciplinary hearing within the prescribed time, the Unit member shall have waived the right to a hearing and all rights to further appeal of the disciplinary action.

SECTION 2 - SCHEDULING OF DISCIPLINARY HEARING:

The City shall schedule any disciplinary hearing within a reasonable time after the filing of the Unit member’s request, considering the availability of a hearing officer and the convenience of the Unit member and the witnesses.

SECTION 3 - HEARING OFFICER:

3.1 The City Manager or his/her designee shall be the hearing officer for disciplinary hearings that do not involve suspensions of more than forty (40) hours , demotions or terminations, or where the Union does not participate in the appeal and pay half of all hearing costs.

3.2 The hearing officer shall be a neutral third party for all disciplinary appeals involving suspension of more than forty hours or termination.
a. The hearing officer shall be selected from a list of seven (7) names submitted by an outside source mutually agreed upon by the City and the Union. For the purpose of this section, the outside source shall be the American Arbitration Association, unless otherwise mutually agreed upon in writing between the Union and the City. This provision supersedes AFSCME 809 (FT) MOU 2024-2027

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any and all side letters previously entered into between the City and the Union with respect to the selection of hearing officers for disciplinary appeals. b. The selection process shall consist of the City and Union alternately striking a name from the list until one name remains, which will be the appointed hearing officer. A coin toss will determine which side begins the above-mentioned process. c. The cost for the hearing officer shall be shared equally by the City and the Union.

SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING:

At the disciplinary hearing, the Unit member may appear personally, and shall have the right to be represented by the Union or by legal counsel. The Unit member and the City shall have the right to produce and confront witnesses, and to present any relevant oral or documentary evidence.

SECTION 5 - BURDEN OF PROOF AND EVIDENCE:

The City shall have the burden of proof at the disciplinary hearing and shall be required to prove the charges against the Unit member by a preponderance of the evidence. The disciplinary hearing shall not be conducted according to the technical rules of evidence.

SECTION 6 - CONDUCT OF DISCIPLINARY HEARING:

The conduct of the disciplinary hearing shall be under the control of the hearing officer with due regard for the rights and privileges of the parties. During the examination of a witness, the hearing officer may exclude from the hearing, any and all other witnesses. The hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents. Disciplinary hearings shall be tape-recorded.

SECTION 7 - HEARING OFFICER’S DECISION:

Within thirty (30) calendar days after conclusion of the evidentiary and argument portions of the disciplinary hearing, the hearing officer shall issue a written decision containing findings of the fact and conclusions of law. The hearing officer shall have the authority to affirm, revoke or reduce the disciplinary action imposed against the Unit member . The hearing officer ’s decision constitutes a final and binding resolution of any disciplinary action and no further appeal shall be permitted.

ARTICLE XII

CITY RIGHTS
SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY:

The City retains the exclusive right to manage and direct the performance of City services and the work force performing such services. The following matters shall be within the exclusive authority of the City.

1.1 The consideration of the merits, necessity, or organization of any service or activity conducted by the City shall include but not be limited to the City’s right to:

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1.2 Determine issues of public policy;

1.3 Determine and change the facilities, methods, means, and personnel by which City operations are to be conducted;

1.4 Expand or diminish services;

1.5 Determine and change the number of locations, relocations, and types of operations and the processes and materials to be employed in carrying out all City functions, including but not limited to the right to contract out any work or operation;

1.6 Determine the size and composition of the work force, to assign work to Unit member s in accordance with requirements as determined by the City, and to establish and change work assignments;

1.7 Determine job classifications;

1.8 Appoint, transfer, promote, demote, and lay off Unit members for lack of work or other appropriate reasons;

1.9 Initiate disciplinary action;

1.10 Determine policies, procedures, and standards for selection, training and promotion of Unit members;

1.11 Establish Unit member performance standards, including but not limited to quality and quantity standards;

1.12 Maintain the efficiency of governmental operations;

1.13 Exercise complete control and discretion over its organization, and the technology of performing its work and services;

1.14 Establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services; and

1.15 Determine any and all necessary actions to carry out its mission in emergencies.

1.16 The exclusive decision making authority of the City and the management on matters involving the City rights and authority shall not be in any way, directly or indirectly, subject to the grievance procedure. The Unit member may grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters within the scope of representation.

SECTION 2 - CONCERTED REFUSAL TO WORK:

2.1 If a Unit member participates in any manner in any strike, sympathy strike, work stoppage, slowdown, sick-in or other concerted refusal to work or participates in any manner in picketing or impediment to work in support of any such strike, work stoppage, slowdown, sick- in or other AFSCME 809 (FT) MOU 2024-2027

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concerted refusal to work or induces other Unit member s of the City to engage in such activities, such Unit member shall be subject to discharge by the City.

2.2 In the event the Union calls, engages in, encourages, assists, or condones in any manner, any strike, sympathy strike, work stoppage, slowdown, sick- in, or other concerted refusal to work by Unit members of the City or any picketing or work impediment in support thereof, or any form of interference with or limitation of the peaceful performance of City services, the City, in addition to any other lawful remedies or disciplinary actions available to it, may suspend any and all of the rights and privileges accorded the Union under any ordinance, resolution, rules or procedures of the City, including but not limited to the suspension of recognition of the Union, and the use of the City’s bulletin boards and facilities.

2.3 The City shall not lock out Unit members.

ARTICLE XIII

UNION RIGHTS
SECTION 1 - EXCLUSIVE REPRESENTATION:

It is agreed by and between the Union and the City that AFSCME, Local 809 is the exclusive representative of Unit member s covered by this agreement. As such, the Union shall be the only agent providing representation for grievances and disciplinary hearings and for all terms and conditions of employment. At the disciplinary hearing, the Unit member may appear personally, may be represented by the Union or by legal counsel. If a Unit member requests representation for grievances, it shall be through the Union.

SECTION 2 - BULLETIN BOARD:

The City will provide the Union ample space on five (5) bulletin boards located at City Hall, adjacent to the City Clerk ’s office, and/or at the City’s Corporate Yard. Two bulletin boards for display of Union announcements and notices will be provided in accessible areas at the City’s Corporate Yard and Community Center. Where the City does not have an existing bulletin board, the Union shall supply it.

SECTION 3 - E-MAIL ACCESS:

The City will set up e-mail addresses for all Full-Time AFSCME-represented Unit members in the City’s e-mail system. Additionally, new Unit members shall be added to the “ALL AFSCME” email group.

SECTION 4 - UNION OFFICERS:

4.1 Union officers shall continue to receive release time leave as described in this MOU to perform official Union duties, with the understanding that their Union duties shall not interfere with the effective and efficient performance of their assigned job responsibilities, or interfere with the efficiency, safety and security of City operations.

4.2 The Union will provide the City a current list of all officers, stewards and representatives on a quarterly basis.

AFSCME 809 (FT) MOU 2024-2027

ARTICLE XIII
UNION RIGHTS Page 42
SECTION 5 - POLITICAL ACTION FUND:

The City will provide payroll deduction for political action fund “PEOPLE” and remit same to AFSCME.

SECTION 6 - RELEASE TIME:

The City shall provide Unit members with release time leave subject to the following conditions:

6.1 Upon advance notice and unless the Unit member ’s or designated representative’s use of release time interferes with departmental operations, the immediate supervisor shall permit a Unit member and one designated representative to use release time as time off work with pay in order to prepare a formal grievance or to appeal a disciplinary action.

6.2 The immediate supervisor shall approve release time requests for up to one (1) hour for both the Unit member and one (1) designated representative for each formal grievance. The immediate supervisor shall approve release time requests for up to two (2) hours for both the Unit member and one (1) designated representative for each pre-disciplinary conference or disciplinary hearing unless it interferes with departmental operations. Additional requests for release time to prepare for a formal grievance or to appeal a disciplinary action must be approved in advance by the appointing authority which includes inspection of Unit member s personnel file for disciplinary appeals.

6.3 A Unit member’s designated representative may use release time to be present at the presentation of a grievance, a pre-disciplinary conference, or disciplinary hearing.

6.4 Representatives and officers of recognized employee organizations will be permitted to use release time to attend labor contract negotiations sessions scheduled by the City. The number of the labor contract negotiating committee members for the union shall be no more than two (2) members from each of the three units represented by AFSCME, Local 809 including the president of the local, and an AFSCME union representative. Up to four representatives of the recognized Unit member organization will be permi tted to use release time to attend meet- and-confer sessions scheduled by the City, three representatives may attend labor/ management meetings, and two representatives may attend Personnel Subcommittee meetings.

6.5 AFSCME shall be permitted monthly paid release time for executive board meetings; such meetings shall not exceed two work hours.

6.6 Unit member organizations may request release time from the employer-employee relations officer for a special meeting not covered in this provision. Such requests shall be in writing stating the reasons for such request.

6.7 Unit members who use release time pursuant to the provisions of this section shall record all such hours on their payroll job ticket each payroll period.

6.8 While it is anticipated that the President and Vice President will utilize release time in accordance with this section, the AFSCME, Local 809 Vice President shall have ten (10) hours per month paid release time, approved in advance quarterly by his or her immediate supervisor. The AFSCME, AFSCME 809 (FT) MOU 2024-2027

ARTICLE XIII
UNION RIGHTS Page 43
Local 809 President shall have one day (10) hours per week paid release time, approved in advance quarterly by his or her immediate supervisor.

6.9 Release time is to be used to cover labor relations activities that occur during a Unit member’s normal work hours. It does not add to a Unit member ’s normal work schedule nor create any overtime obligation. Any hours expended outside normal work hours shall not count as release time, shall be uncompensated by the City, and are the personal responsibility of the Unit member and/or the Union. However, the City Manager or the Director of Human Resources may pre - authorize overtime for labor relations related purposes.

6.10 Release time is not available for labor relations related administrative or legal procedures, except that the Union may have one representative at administrative proceedings who shall be entitled to the use of release time and all represented members that may be called as witnesses at any administrative proceeding shall be entitled to use release time to cover any required attendance at such proceeding that occurs during the Unit member ’s normally scheduled work hours. Unit members that are to be called as witnesses at such proceedings shall be placed “ on call” with at least one-hour notice of the need for their attendance and allowed to use release time for any time spent that occurs during the Unit member ’s normally scheduled work hours. Examples of administrative proceedings include, but are not limited to, PERB, E EOC, DFEH, Labor Commissioner, etc.

6.11 AFSCME Unit members shall be permitted one (1) hour of paid release time per month to attend AFSCME membership meetings. AFSCME will keep sign-in sheets and provide same to Human Resources to prove attendance at the membership meetings.

6.12 The City Manager or designee, or the Human Resources Director may grant additional release time on any matters considered not covered in this section.

SECTION 7 - BIDDING ON IN-HOUSE SERVICES:

Prior to the City initiating the official bid process, the Union shall have the opportunity to present to the City a bid to keep services in-house. This opportunity shall be part of the required meet and confer process.

If the request is reasonable, the City will provide the Union with information not normally available to the Union.

SECTION 8 - PERSONNEL FILES:

There shall be one official personnel file for each Unit member, and it shall be kept at City Hall in Human Resources.

SECTION 9 - UNION MEETINGS:

9.1 The City shall provide free of cost to AFSCME, the use of City facilities to conduct Union meetings related to the City of Carson representation, no more than twice per month. This free use of City facilities is restricted to AFSCME Local 809 and shall not be used by any other organization or affiliates.

9.2 AFSCME will be permitted to bring food and refreshments from outside entities to said meetings.

AFSCME 809 (FT) MOU 2024-2027

ARTICLE XIV
UNION SECURITY Page 44

ARTICLE XIV

UNION SECURITY
SECTION 1 - UNION MEMBERSHIP AND DUES DEDUCTION:

1.1 Union may request that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Union, from the wages and salaries of Union members. Union hereby certifies that Union has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Accordingly, Union membership dues shall be deducted each pay period in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Union. Remittance of the aggregat e amount of all such monies shall be made by the City to the Union at the conclusion of each month payroll period in which said dues were deducted. Union shall defend, indemnify, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with this section.

1.2 Changes to the payroll deduction shall commence on the pay period after the authorization or written notification is received by the City.

SECTION 2 - MAINTENANCE OF MEMBERSHIP:

Any represented employees who have authorized Union dues deductions on the effective date of 10/23/18, which is when City Council adopted the provision in the Tentative Agreement which forms the basis for this provision in this MOU, or at any time subsequent to the effective date of such Tentative Agreement, shall continue to have such dues deduction made by the City; provided, however, that any requests to revoke or change Union membership deductions must be referred to the Union. Union shall defend, indemnify and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with this section.

SECTION 3 - UNION ACCESS TO NEW EMPLOYEE ORIENTATIONS AND INFORMATION:

3.1 Pursuant to AB 119, the City agrees to provide, when practical, no less than 10- days’ notice in advance of any new employee orientations and provide the Union access to the orientation(s).

Orientation refers to any onboarding process, whether in person, online or through other means.

Access shall be determined by the Union, which could mean representational attendance or correspondence. The Union shall advise the City reasonably in advance as to the type of access requested. The City agrees to provide such reasonable notice of current employees that have changed position status (i.e. part-time to full time, promotional).

3.2 The City agrees, pursuant to AB 119, to provide the Union with the name, job title, department, work location, and work telephone number of newly hired employees within thirty (30) days of the date of hire. The City also agrees to provide the Union with t he name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses and home address of all bargaining unit employees once a quarter.

AFSCME 809 (FT) MOU 2024-2027

ARTICLE XV
OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION Page 45

3.3 Notwithstanding the foregoing, pursuant to AB 119, the City will not provide the Union with the home address or any phone number on file with the City of any employee performing law enforcement-related functions, and the City will not provide the Union wit h any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information.

Upon receipt of a written request for non-disclosure of employee information, the City will provide the Union with a copy of that request.

ARTICLE XV

OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION
SECTION 1 - STATUS OF GRANT-FUNDED UNIT MEMBERS:

Full-Time grant funded Unit members shall be considered City Unit members and will receive all benefits and rights conferred by this agreement.

SECTION 2 - UNION MANAGEMENT MEETINGS:

The City and the Union agree to meet on at least a quarterly basis for the duration of this agreement to discuss matters of mutual concern and establish a system of communication between Unit member s and management for the purpose of improving even further delivery of services, efficiency of operations and Unit member morale.

SECTION 3 - PROMOTIONAL OPPORTUNITIES:

3.1 The City will make a good faith effort to promote and transfer from within.

3.2 The City will recruit for and establish eligibility lists for all vacant budgeted positions unless formally frozen by Council.

3.3 Employees that promote outside of the Unit shall not be considered as new hires in relation to the transfer of benefits.

SECTION 4 - LATERAL TRANSFERS:

4.1 Unit members who wish to be considered for lateral transfer must complete a lateral transfer form and place it on file with the Human Resources Department. When the Director of Human Resources, or designee, receives an approved requisition for a position where a Unit member has filed a lateral transfer form, the Human Resources Department will notify that Unit member of the recruitment during the promotional recruitment period, and provide the Unit member with a recruitment flyer. Testing requirements w ill be waived if the candidate meets the minimum requirements of the open position.

4.2 Lateral transfer candidates shall advance directly to an interview with the hiring authority, at a time that is to be determined by the hiring authority. The selection decision shall be at the discretion of the hiring authority; lateral transfer candidates shall not have superior rights to the open position over the rights of the promotional candidates.

AFSCME 809 (FT) MOU 2024-2027

ARTICLE XVI
MODIFICATION AND DURATION Page 46
SECTION 5 - TYPING CERTIFICATES:

Typing certificates verifying typing speeds of sixty- five (65) words per minute or greater shall be considered to be valid for thirty-six (36) months from the date of issuance.

SECTION 6 - PERSONNEL SUBCOMMITTEE:

The City agrees to inform the Union of any issues going before the Personnel Subcommittee and City Council concerning the Union and that the Union will be given this information and the right to attend said meetings on release time, limited to one or two members as appropriate.

ARTICLE XVI

MODIFICATION AND DURATION
SECTION 1 - SEVERABILITY:

Notwithstanding any other provisions of this MOU, in the event that any article, section, or subsection of this MOU shall be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this MOU, or impose additional obligations on the City, the City and the Union shall meet and confer on the affected article, section, or subsection. In such event, all other articles, sections or subs ections of this MOU not affected shall continue in full force and effect.

SECTION 2 - DURATION:

2.1 This MOU shall be binding on the City and AFSCME when approved and adopted by the City Council.

2.2 Except as otherwise provided herein, this MOU covers a three (3) year contract term from July 1, 2024 to June 30, 2028 and shall be in full force and effect from the 1st day of July, 2024 and shall remain in full force and effect up to and including the 30th day of June, 2028; provided, however, that the salary levels, benefits and other money items, specified herein shall become effective as indicated.

SECTION 3 – REOPENERS/ME TOO CLAUSE:

The parties do specifically agree to reopen the meet and confer process during the term of this MOU only as regards to the following issues. These reopeners are not contingent upon the execution of any success MOU and no successor MOU is contingent upon agreement of these reopeners:

a. Class A/B License Pay: The parties agree to a reopener during the term of this MOU to discuss the unions percentage update recommendation.
b. Differential Pay for Certain “Senior” Classifications: The parties agree to a reopener during the term of this MOU to discuss the additional of Senior Equipment Mechanic and Senior Events Coordinator

During the term of this Agreement, AFSCME bargaining unit employees shall receive MOU bonuses and/or general salary increase (also known as a cost-of-living adjustment or COLA) equal to the AFSCME 809 (FT) MOU 2024-2027

ARTICLE XVI
MODIFICATION AND DURATION Page 47
highest COLA or general salary increase, and/or bonusses, received by any other City bargaining units.

SECTION 4 – SUCCESSOR MOU LANGUAGE UPDATES:

After City Council adoption of the Tentative Agreement and direction given to the parties to prepare a successor AFSCME MOU, the parties agree that said successor AFSCME MOU shall be reviewed and language updated with any proposed changes not mentioned within the Tentative Agreement requir ing mutual agreement by City and AFSCME.

SECTION 5 – CIVIL SERVICE COMMISSION
Within the first quarter of 2023, the City and Union agree to begin the meet and confer process to establish a Civil Service Commission, per the City Charter.

[SIGNATURES ON NEXT PAGE]
AFSCME 809 (FT) MOU 2024-2027

ARTICLE XVI
MODIFICATION AND DURATION Page 48

A MEMORANDUM OF UNDERSTANDING FOR THE PERIOD
JULY 1, 2024 THROUGH JUNE 30, 2028

BETWEEN THE CITY OF CARSON AND EMPLOYEES ASSIGNED

TO CLASSIFIED POSITIONS REPRESENTED BY THE AMERICAN

FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
UNION (AFSCME), COUNCIL 36, LOCAL 809
PASSED, APPROVED AND ADOPTED THIS ___DAY OF ___________ 20__

AFSCME LOCAL 809 CITY OF CARSON

Tony Rodriguez, President David C. Roberts Jr., City Manager

Bob Adams, Business Representative Pam Lee, Deputy City Attorney

Vacant, Vice President

Mary Rojas, Treasurer

Nancy Rusas, Secretary

Cesar Sicairos, Board Member

Gerardo Moreno, Board Member

Joshua K. Otineru, Board Member

AFSCME 809 (FT) MOU 2024-2027

APPENDIX A

DESIGNATED APPROPRIATE UNITS
CLERICAL AND TECHNICAL UNIT Page 49

APPENDIX A

DESIGNATED APPROPRIATE UNITS

CLERICAL AND TECHNICAL UNIT

Account Clerk
Accounts Payable Specialist I (Job Series)
Accounts Payable Specialist II (Job Series)
Administrative Secretary
Animal Control Officer
Audio Visual Assistant
Business License Specialist I (Job Series)
Business License Specialist II (Job Series)
Central Services Technician
Code Enforcement Aide (Job Series)
Code Enforcement and Collections Officer
Code Enforcement Officer (Job Series)
Construction Inspector
Coordinator, Records Management
Division Secretary
Economic Development Liaison
Employment Specialist
Engineering Technician
Graphic Designer I (Job Series)
Graphic Designer II (Job Series)
Housing & Homeless Coordinator
Information & Technology Systems
Coordinator

Parking Control Officer
Planning Secretary
Planning Technician I (Job Series)
Planning Technician II (Job Series)
Public Safety Engagement Officer
Purchasing Specialist I (Job Series)
Purchasing Specialist II (Job Series)
Resource Center Technician
Revenue Inspector
Sanitation Officer
Sanitation Services Coordinator
Senior Account Clerk I (Job Series)
Senior Account Clerk II (Job Series)
Senior Central Services Technician
Senior Clerk
Senior Construction Inspector
Senior Storekeeper
Storekeeper
Systems Coordinator
Typist Clerk I (Job Series)
Typist Clerk II (Job Series)
Youth Services Officer
Innovation & Business Liaison
Office Clerk (Job Series)

AFSCME 809 (FT) MOU 2024-2027

APPENDIX A

DESIGNATED APPROPRIATE UNITS
CLERICAL AND TECHNICAL UNIT Page 50
APPENDIX A (CONT.)

DESIGNATED APPROPRIATE UNITS

CRAFTS AND TRADES UNIT
Assistant Facilities Maintenance Technician (Job Series) Assistant Groundsworker (Job Series)
Assistant Maintenance Worker (Job Series)
Assistant Tree Trimmer (Job Series)
Bus Driver
Custodian
Electrician
Equipment Mechanic I (Job Series)
Equipment Mechanic II (Job Series)
Equipment Service Worker (Job Series)
Event Services Worker I (Job Series)
Event Services Worker II (Job Series)
Event Services Worker III (Job Series)
Facilities Maintenance Technician I (Job Series)
Facilities Maintenance Technician II (Job Series)
Groundsworker I (Job Series)
Groundsworker II (Job Series)
Heavy Equipment Operator
HVAC Technician
Irrigation Technician
Lead Facilities Maintenance Technician
Locksmith
Maintenance Worker I (Job Series)
Maintenance Worker II (Job Series)
Painter
Plumber
Pool Maintenance Specialist
Senior Bus Driver
Senior Custodian
Senior Equipment Mechanic
Senior Groundsworker
Senior Maintenance Worker I
Senior Maintenance Worker II
Senior Tree Trimmer
Tree Trimmer I (Job Series)
Tree Trimmer II (Job Series)
AFSCME 809 (FT) MOU 2024-2027

APPENDIX A

DESIGNATED APPROPRIATE UNITS
CLERICAL AND TECHNICAL UNIT Page 51
APPENDIX A (CONT.)

DESIGNATED APPROPRIATE UNITS

PROFESSIONAL/MIDDLE MANAGEMENT UNIT

Adult Sports Coordinator I (Job Series)
Adult Sports Coordinator II (Job Series)
Aquatics Program Supervisor
Assistant Events Coordinator (Job Series)
Assistant Recreation Coordinator
Buyer
Community Services Coordinator I (Job Series)
Community Services Coordinator II (Job Series)
Early Childhood Instructor
Early Childhood Program Supervisor
Events Coordinator (Job Series)
Event Services Coordinator I (Job Series)
Event Services Coordinator II (Job Series)
Kids Club Coordinator I (Job Series)
Kids Club Coordinator II (Job Series)
Recreation Center Supervisor I (Job Series)
Recreation Center Supervisor II (Job Series)
Recreation Coordinator
Recreation Permits Coordinator I (Job Series)
Recreation Permits Coordinator II (Job Series)
Recreation Program Supervisor
Senior Code Compliance Specialist
Senior Recreation Center Supervisor
Seniors Assisted Living Coordinator I (Job Series)
Seniors Assisted Living Coordinator II (Job Series)
Seniors Recreation Program Coordinator I (Job Series)
Seniors Recreation Program Coordinator II (Job Series)
Seniors Services Coordinator I (Job Series)
Seniors Services Coordinator II (Job Series)
Special Needs Recreation Coordinator I (Job Series)
Special Needs Recreation Coordinator II (Job Series)
Transportation Coordinator I (Job Series)
Transportation Coordinator II (Job Series)
Youth Sports Coordinator I (Job Series)
Youth Sports Coordinator II (Job Series)
AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 52

APPENDIX B

OCCUPATIONAL GROUPINGS

Salary Range No.
1) Senior Code Compliance Specialist ................................................................................ 346 Code Enforcement and Collection Officer .................................................................... 345 Revenue Inspector ........................................................................................................... 343 Code Enforcement Officer (Job Series) / Sanitation Officer .......................................... 342 Youth Services Officer ................................................................................................... 341 Business License Specialist II* (Job Series) ................................................................... 336 Business License Specialist I* (Job Series) / Sanitation Services Coordinator .............. 334 Code Enforcement Aide (Job Series) .............................................................................. 333 Animal Control Officer ................................................................................................... 727

Parking Control Officer .................................................................................................. 326 Public Safety Engagement Officer .................................................................................. 721

2) Construction Inspector ................................................................................................... 339 Senior Construction Inspector ........................................................................................ 713 3) Senior Central Services Technician................................................................................ 334 Central Services Technician .......................................................................................... 328 4) Graphic Designer II (Job Series) .................................................................................... 337 Graphic Designer I (Job Series) ...................................................................................... 335 5) Employment Specialist ................................................................................................... 341 6) Administrative Secretary ................................................................................................ 338 Planning Secretary .......................................................................................................... 337 Business License Specialist II* (Job Series) ................................................................... 336 Division Secretary/Resource Center Technician ............................................................ 335 Resource Center Technician ........................................................................................... 335 Systems Coordinator ....................................................................................................... 335 Business License Specialist I* (Job Series) .................................................................... 334 Senior Clerk/ Innovation & Business Liaison ................................................................ 330 Typist Clerk II (Job Series) ............................................................................................. 326 Typist Clerk I (Job Series) .............................................................................................. 324 Office Clerk (Job Series) ................................................................................................ 322 Information & Technical Systems Coordinator .............................................................. 721 7) Buyer* ............................................................................................................................ 344 Accounts Payable Specialist II (Job Series)/Purchasing Specialist II (Job Series)/ Payroll Specialist II (Job Series)/Senior Account Clerk II* (Job Series) ....................... 336 Accounts Payable Specialist I (Job Series)/Purchasing Specialist I (Job Series)/ AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 53
Payroll Specialist I (Job Series)/Senior Account Clerk I* (Job Series) .......................... 334 Account Clerk ................................................................................................................. 332 (* Denotes minimum qualifications required.)

Salary Range No.
8) Planning Technician II (Job Series) ............................................................................... 341 Planning Technician I (Job Series) ................................................................................. 339 9) Senior Equipment Mechanic .......................................................................................... 341 Equipment Mechanic II (Job Series)............................................................................... 338 Equipment Mechanic I (Job Series) ................................................................................ 335 Equipment Service Worker (Job Series) ......................................................................... 331 10) HVAC Technician .......................................................................................................... 345 Electrician ....................................................................................................................... 343 Plumber ........................................................................................................................... 340 Pool Maintenance Specialist ........................................................................................... 337 Lead Facilities Maintenance Technician ........................................................................ 338 Painter ............................................................................................................................. 338 Locksmith ....................................................................................................................... 338 Facilities Maintenance Technician II (Job Series) .......................................................... 335 Facilities Maintenance Technician I (Job Series) ........................................................... 329 Senior Custodian ............................................................................................................. 328 Assistant Facilities Maintenance Technician (Job Series) .............................................. 327 Custodian ........................................................................................................................ 325 11) Senior Tree Trimmer ...................................................................................................... 340 Irrigation Technician ....................................................................................................... 335 Senior Groundsworker .................................................................................................... 334 Tree Trimmer II (Job Series) .......................................................................................... 333 Groundsworker II (Job Series) ........................................................................................ 331 Senior Custodian ............................................................................................................. 328 Groundsworker I (Job Series)/Tree Trimmer I (Job Series) ........................................... 327 Assistant Groundsworker (Job Series)/Assistant Tree Trimmer (Job Series) ................ 325 Custodian ........................................................................................................................ 325 12) Senior Maintenance Worker II ....................................................................................... 341 Senior Maintenance Worker I ......................................................................................... 339 Lead Facilities Maintenance Technician ........................................................................ 338 Heavy Equipment Operator ............................................................................................ 337 Facilities Maintenance Technician II (Job Series) .......................................................... 335 Maintenance Worker II (Job Series) ............................................................................... 331 Facilities Maintenance Technician I (Job Series) ........................................................... 329 Senior Custodian ............................................................................................................. 328 AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 54
Maintenance Worker I (Job Series) ............................................................................... 326 Custodian ........................................................................................................................ 325 Assistant Maintenance Worker (Job Series) ................................................................... 324 AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 55
Salary Range No.
13) Senior Recreation Center Supervisor ............................................................................. 349 Aquatics Program Supervisor ......................................................................................... 346 Recreation Center Supervisor II (Job Series)/Recreation Program Supervisor .............. 346 Adult Sports Coordinator II (Job Series)/Community Services Coordinator II (Job Series)/Event Services Coordinator II (Job Series)/Kids Club Coordinator II (Job Series)/Recreation Center Supervisor I (Job Series)/Recreation Permits Coordinator II (Job Series)/Seniors Assisted Living Coordinator II (Job Series)/Seniors Recreation Program Coordinator II (Job Series)/Seniors Services Coordinator II (Job Series)/Special Needs Recreation Coordinator II (Job Series)/Transportation Coordinator II (Job Series)/Youth Sports Coordinator II (Job Series) .......................... 343 Adults Sports Coordinator I (Job Series)/Community Services Coordinator I (Job Series) Coordinator, Recreation/ Event Services Coordinator I (Job Series)/Kids Club Coordinator II (Job Series)/Recreation Permits Coordinator I (Job Series)/ Seniors Assisted Living Coordinator I (Job Series)/Seniors Recreation Program Coordinator I (Job Series)/Seniors Services Coordinator I (Job Series)/Special Needs Recreation Coordinator I (Job Series)/Transportation Coordinator I (Job Series)/Youth Sports Coordinator I (Job Series) ............................................................ 341 Events Coordinator (Job Series) ................................................................................... 337 Assistant Recreation Coordinator ................................................................................... 335 Assistant Events Coordinator (Job Series) ...................................................................... 331 14) Early Childhood Program Supervisor ............................................................................. 346 Early Childhood Instructor ............................................................................................. 330 15) Senior Storekeeper .......................................................................................................... 334 Storekeeper ..................................................................................................................... 330 16) Engineering Technician .................................................................................................. 340 17) Senior Bus Driver/ .......................................................................................................... 332 Bus Driver ....................................................................................................................... 330 18) Coordinator, Records Management ................................................................................ 339

19) Event Services Worker III (Job Series) .......................................................................... 331 Event Services Worker II (Job Series) ........................................................................... 326 Event Services Worker I (Job Series) ............................................................................. 324

20) Housing & Homeless Coordinator .............................................................................................. 714

AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 56

APPENDIX C
JOB SERIES POSITIONS Article III, Section 4
LEVEL 1 LEVEL 2 LEVEL 3
# Classification Salary
Range Classification Salary
Range Classification Salary
Range
1 Accounts Payable
Specialist I 334 Accounts Payable
Specialist II 336 N/A N/A
2 Adult Sports
Coordinator I 341 Adult Sports
Coordinator II 343 N/A N/A
3 Assistant Events
Coordinator 331 Events Coordinator 337 N/A N/A
4 Assistant Facilities
Maintenance
Technician
327 Facilities Maintenance
Technician I 329
Facilities
Maintenance
Technician II
335
5 Assistant
Groundsworker 325 Groundsworker I 327 Groundsworker II 331 6 Assistant Maintenance
Worker 324 Maintenance Worker I 326 Maintenance Worker
II 331
7 Assistant Tree
Trimmer 325 Tree Trimmer I 327 Tree Trimmer II 333
8 Business License
Specialist I 334 Business License
Specialist II 336 N/A N/A
9 Code Enforcement
Aide 333 Code Enforcement
Officer 342 N/A N/A
10 Community Services
Coordinator I 341 Community Services
Coordinator II 343 N/A N/A
11 Equipment Service
Worker 331 Equipment Mechanic I 335 Equipment Mechanic
II 338
12 Event Services
Coordinator I 341 Event Services
Coordinator II 343 N/A N/A
13 Event Services Worker
I 324 Event Services Worker
II 326 Event Services
Worker III 331
14 Graphic Designer I 335 Graphic Designer II 337 N/A N/A 15 Kids Club Coordinator
I 341 Kids Club Coordinator
II 343 N/A N/A
16 Office Clerk 322 Typist Clerk I 324 Typist Clerk II 326 17 Payroll Specialist I 334 Payroll Specialist II 336 N/A N/A 18 Planning Technician I 339 Planning Technician II 341 N/A N/A 19 Purchasing Specialist I 334 Purchasing Specialist
II 336 N/A N/A
20 Recreation Center
Supervisor I 343 Recreation Center
Supervisor II 346 N/A N/A
AFSCME 809 (FT) MOU 2024-2027

APPENDIX B
OCCUPATIONAL GROUPINGS Page 57

21 Recreation Permits
Coordinator I 341 Recreation Permits
Coordinator II 343 N/A N/A
22 Senior Account Clerk I 334 Senior Account Clerk
II 336 N/A N/A
23 Seniors Assisted
Living Coordinator I 341 Seniors Assisted
Living Coordinator II 343 N/A N/A
24 Seniors Recreation
Program Coordinator I 341
Seniors Recreation
Program Coordinator
II
343 N/A N/A
25 Seniors Services
Coordinator I 341 Seniors Services
Coordinator II 343 N/A N/A
26 Special Needs
Recreation
Coordinator I
341
Special Needs
Recreation
Coordinator II
343 N/A N/A
27 Transportation
Coordinator I 341 Transportation
Coordinator II 343 N/A N/A
28 Youth Sports
Coordinator I 341 Youth Sports
Coordinator II 343 N/A N/A
AFSCME 809 (FT) MOU 2024-2027

APPENDIX D
DIFFERENTIAL PAY FOR CERTAIN ‘SENIOR’ CLASSIFICATIONS Page 58

APPENDIX D
DIFFERENTIAL PAY FOR CERTAIN ‘SENIOR’ CLASSIFICATIONS

Article III, Section 6

# Senior Classification Salary
Range Highest Subordinate Salary
Range
1 HVAC Technician 345 Facilities Maintenance
Technician II 335
2 Electrician 343 Facilities Maintenance
Technician II 335
3 Senior Maintenance Worker II 341 Heavy Equipment Operator 337 4 Senior Tree Trimmer 340 Heavy Equipment Operator 337
5 Plumber 340 Pool Maintenance Specialist 337
6 Senior Maintenance Worker I 339 Maintenance Worker II 331 7 Lead Facilities Maintenance
Technician 338 Facilities Maintenance
Technician II 335
8 Locksmith 338 Facilities Maintenance
Technician II 335
9 Painter 338 Facilities Maintenance
Technician II 335
10 Irrigation Technician 335 Groundsworker II 331
11 Senior Groundsworker 334 Groundsworker II 331
12 Senior Custodian 328 Custodian 325

Monthly Hourly
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Account Clerk 701 5,360.75 5,573.99 5,850.03 6,141.04 6,444.29 6,765.21 30.93 32.16 33.75 35.43 37.18 39.03 Accounts Payable Specialist I 702 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Accounts Payable Specialist II 703 5,915.36 6,150.56 6,455.16 6,776.09 7,111.97 7,466.89 34.13 35.48 37.24 39.09 41.03 43.08 Administrative Secretary 704 6,210.51 6,457.88 6,777.45 7,113.33 7,468.25 7,839.48 35.83 37.26 39.10 41.04 43.09 45.23 Aquatics Program Supervisor 705 7,555.84 7,857.16 8,248.79 8,658.11 9,087.82 9,540.64 43.59 45.33 47.59 49.95 52.43 55.04 Animal Control Officer 708 4,748.81 4,936.72 5,179.39 5,435.74 5,705.79 5,988.28 27.40 28.48 29.88 31.36 32.92 34.55 Assistant Events Coordinator 720 5,235.83 5,442.08 5,712.69 5,994.18 6,290.62 6,603.39 30.21 31.40 32.96 34.58 36.29 38.10 Assistant Facilities Maintenance Technician 708 4,748.49 4,936.22 5,179.63 5,435.28 5,705.89 5,988.74 27.40 28.48 29.88 31.36 32.92 34.55 Assistant Groundsworker 706 4,520.60 4,699.61 4,933.50 5,176.91 5,432.56 5,701.81 26.08 27.11 28.46 29.87 31.34 32.90 Assistant Maintenance Worker 707 4,412.15 4,586.74 4,813.84 5,050.45 5,300.66 5,563.11 25.45 26.46 27.77 29.14 30.58 32.09 Assistant Recreation Coordinator 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Assistant Tree Trimmer 706 4,520.60 4,699.61 4,933.50 5,176.91 5,432.56 5,701.81 26.08 27.11 28.46 29.87 31.34 32.90 Bus Driver 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Business License Specialist I 702 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Business License Specialist II 703 5,915.36 6,150.56 6,455.16 6,776.09 7,111.97 7,466.89 34.13 35.48 37.24 39.09 41.03 43.08 Buyer 710 7,197.55 7,483.20 7,854.44 8,243.35 8,654.03 9,083.74 41.52 43.17 45.31 47.56 49.93 52.41 Central Services Clerk 719 4,633.17 4,816.56 5,055.89 5,306.10 5,568.55 5,844.60 26.73 27.79 29.17 30.61 32.13 33.72 Code Enforcement & Collections Officer 713 7,373.26 7,666.78 8,046.18 8,447.33 8,866.16 9,306.75 42.54 44.23 46.42 48.73 51.15 53.69 Code Enforcement Aide 727 5,495.28 5,714.05 5,998.26 6,296.06 6,607.47 6,935.19 31.70 32.97 34.61 36.32 38.12 40.01 Code Enforcement Officer 712 6,851.60 7,122.85 7,477.76 7,847.64 8,237.91 8,647.23 39.53 41.09 43.14 45.27 47.53 49.89 Construction Inspector 715 6,368.38 6,622.42 6,951.51 7,295.55 7,657.26 8,038.02 36.74 38.21 40.10 42.09 44.18 46.37 Coord, Adult Sports I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Adult Sports II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Community Services I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Community Services II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Events 723 6,060.87 6,301.50 6,614.27 6,941.99 7,286.03 7,647.74 34.97 36.35 38.16 40.05 42.03 44.12 Coord, Records Management 714 6,368.38 6,622.42 6,951.51 7,295.55 7,657.26 8,038.02 36.74 38.21 40.10 42.09 44.18 46.37 Coord, Recreation 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Recreation Permits I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Recreation Permits II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Seniors Assisted Living I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Seniors Assisted Living II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Seniors Recreation Program I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Seniors Recreation Program II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Seniors Services I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Seniors Services II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Special Needs Recreation I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Special Needs Recreation II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Transportation I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Transportation II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Youth Sports I 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Coord, Youth Sports II 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Custodian 706 4,520.60 4,699.61 4,933.50 5,176.91 5,432.56 5,701.81 26.08 27.11 28.46 29.87 31.34 32.90 Division Secretary 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Division Secretary (Information Technology) 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Early Childhood Instructor 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Early Childhood Program Supervisor 705 7,555.84 7,857.16 8,248.79 8,658.11 9,087.82 9,540.64 43.59 45.33 47.59 49.95 52.43 55.04 Electrician 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Employment & Business Development Asst. 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Employment Specialist 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Engineering Technician 718 6,524.88 6,784.25 7,121.49 7,475.04 7,846.28 8,236.56 37.64 39.14 41.09 43.13 45.27 47.52 Equipment Mechanic I 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Equipment Mechanic II 704 6,210.51 6,457.88 6,777.45 7,113.33 7,468.25 7,839.48 35.83 37.26 39.10 41.04 43.09 45.23 Equipment Service Worker 720 5,235.83 5,442.08 5,712.69 5,994.18 6,290.62 6,603.39 30.21 31.40 32.96 34.58 36.29 38.10 Event Services Worker I 707 4,412.15 4,586.74 4,813.84 5,050.45 5,300.66 5,563.11 25.45 26.46 27.77 29.14 30.58 32.09 Event Services Worker II 719 4,633.17 4,816.56 5,055.89 5,306.10 5,568.55 5,844.60 26.73 27.79 29.17 30.61 32.13 33.72 Event Services Worker III 720 5,235.83 5,442.08 5,712.69 5,994.18 6,290.62 6,603.39 30.21 31.40 32.96 34.58 36.29 38.10 Facilities Maintenance Technician I 722 4,984.61 5,180.99 5,438.00 5,707.25 5,990.10 6,286.54 28.76 29.89 31.37 32.93 34.56 36.27 Facilities Maintenance Technician II 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Graphic Designer I 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Graphic Designer II 723 6,060.87 6,301.50 6,614.27 6,941.99 7,286.03 7,647.74 34.97 36.35 38.16 40.05 42.03 44.12 Groundsworker I 708 4,748.49 4,936.22 5,179.63 5,435.28 5,705.89 5,988.74 27.40 28.48 29.88 31.36 32.92 34.55 Groundsworker II 720 5,235.83 5,442.08 5,712.69 5,994.18 6,290.62 6,603.39 30.21 31.40 32.96 34.58 36.29 38.10 Heavy Equipment Operator 723 6,060.87 6,301.50 6,614.27 6,941.99 7,286.03 7,647.74 34.97 36.35 38.16 40.05 42.03 44.12 Hvac Technician 713 7,373.26 7,666.78 8,046.18 8,447.33 8,866.16 9,306.75 42.54 44.23 46.42 48.73 51.15 53.69 Irrigation Technician 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Kids Club Site Director 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Lead Facilities Maintenance Technician 704 6,210.51 6,457.88 6,777.45 7,113.33 7,468.25 7,839.48 35.83 37.26 39.10 41.04 43.09 45.23 Locksmith 704 6,210.51 6,457.88 6,777.45 7,113.33 7,468.25 7,839.48 35.83 37.26 39.10 41.04 43.09 45.23 Maintenance Worker I 719 4,633.17 4,816.56 5,055.89 5,306.10 5,568.55 5,844.60 26.73 27.79 29.17 30.61 32.13 33.72 Maintenance Worker II 720 5,235.83 5,442.08 5,712.69 5,994.18 6,290.62 6,603.39 30.21 31.40 32.96 34.58 36.29 38.10 Office Clerk 729 4,200.74 4,366.45 4,582.66 4,808.40 5,046.37 5,296.58 24.24 25.19 26.44 27.74 29.11 30.56 Offset Press Operator 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Painter 704 6,210.51 6,457.88 6,777.45 7,113.33 7,468.25 7,839.48 35.83 37.26 39.10 41.04 43.09 45.23 Payroll Specialist I 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Payroll Specialist II 703 5,915.36 6,150.56 6,455.16 6,776.09 7,111.97 7,466.89 34.13 35.48 37.24 39.09 41.03 43.08 Planning Secretary 723 6,060.87 6,301.50 6,614.27 6,941.99 7,286.03 7,647.74 34.97 36.35 38.16 40.05 42.03 44.12 Planning Technician I 714 6,368.38 6,622.42 6,951.51 7,295.55 7,657.26 8,038.02 36.74 38.21 40.10 42.09 44.18 46.37 Planning Technician II 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Plumber 718 6,524.88 6,784.25 7,121.49 7,475.04 7,846.28 8,236.56 37.64 39.14 41.09 43.13 45.27 47.52 Pool Maintenance Specialist 723 6,060.87 6,301.50 6,614.27 6,941.99 7,286.03 7,647.74 34.97 36.35 38.16 40.05 42.03 44.12 Purchasing Specialist I 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Purchasing Specialist II 703 5,915.36 6,150.56 6,455.16 6,776.09 7,111.97 7,466.89 34.13 35.48 37.24 39.09 41.03 43.08 Recreation Center Supervisor I 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Recreation Center Supervisor II 705 7,555.84 7,857.16 8,248.79 8,658.11 9,087.82 9,540.64 43.59 45.33 47.59 49.95 52.43 55.04 Recreation Program Supervisor 705 7,555.84 7,857.16 8,248.79 8,658.11 9,087.82 9,540.64 43.59 45.33 47.59 49.95 52.43 55.04 City of Carson
Monthly Salary Schedule
AFSCME Local 809
Effective July 1, 2024
6% COLA
Resource Center Technician 709 5,771.22 6,000.98 6,298.78 6,611.55 6,937.91 7,283.31 33.30 34.62 36.34 38.14 40.03 42.02 Revenue Inspector 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Senior Account Clerk I 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Senior Account Clerk II 703 5,915.36 6,150.56 6,455.16 6,776.09 7,111.97 7,466.89 34.13 35.48 37.24 39.09 41.03 43.08 Senior Bus Driver 701 5,360.75 5,573.99 5,850.03 6,141.04 6,444.29 6,765.21 30.93 32.16 33.75 35.43 37.18 39.03 Senior Clerk 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Senior Code Compliance Specialist 705 7,555.84 7,857.16 8,248.79 8,658.11 9,087.82 9,540.64 43.59 45.33 47.59 49.95 52.43 55.04 Senior Construction Inspector 713 7,373.26 7,666.78 8,046.18 8,447.33 8,866.16 9,306.75 42.54 44.23 46.42 48.73 51.15 53.69 Senior Custodian 711 4,861.05 5,054.53 5,303.38 5,565.83 5,843.24 6,132.88 28.04 29.16 30.60 32.11 33.71 35.38 Senior Equipment Mechanic 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Senior Groundsworker 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Senior Maintenance Worker I 714 6,368.38 6,622.42 6,951.51 7,295.55 7,657.26 8,038.02 36.74 38.21 40.10 42.09 44.18 46.37 Senior Maintenance Worker II 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Senior Offset Press Operator 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Senior Rec Center Supervisor 725 8,132.42 8,456.85 8,877.04 9,317.63 9,782.69 10,268.16 46.92 48.79 51.21 53.76 56.44 59.24 Senior Storekeeper 714 5,629.82 5,854.11 6,143.76 6,448.36 6,767.93 7,102.45 32.48 33.77 35.44 37.20 39.05 40.98 Senior Tree Trimmer 718 6,524.88 6,784.25 7,121.49 7,475.04 7,846.28 8,236.56 37.64 39.14 41.09 43.13 45.27 47.52 Storekeeper 717 5,108.16 5,310.18 5,572.63 5,848.67 6,139.68 6,442.93 29.47 30.64 32.15 33.74 35.42 37.17 Tree Trimmer I 708 4,748.49 4,936.22 5,179.63 5,435.28 5,705.89 5,988.74 27.40 28.48 29.88 31.36 32.92 34.55 Tree Trimmer II 727 5,495.28 5,714.05 5,998.26 6,296.06 6,607.47 6,935.19 31.70 32.97 34.61 36.32 38.12 40.01 Typist Clerk I 707 4,412.15 4,586.74 4,813.84 5,050.45 5,300.66 5,563.11 25.45 26.46 27.77 29.14 30.58 32.09 Typist Clerk II 719 4,633.17 4,816.56 5,055.89 5,306.10 5,568.55 5,844.60 26.73 27.79 29.17 30.61 32.13 33.72 Senior Bus Driver (Cpt) 322 5,313.44 5,527.30 5,803.07 6,095.35 6,399.41 6,717.61 30.65 31.89 33.48 35.17 36.92 38.76 Early Childhood Instructor (Cpt) 330 5,061.21 5,263.31 5,524.94 5,803.07 6,092.99 6,397.05 29.20 30.37 31.87 33.48 35.15 36.91 Coord, Events Services 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Assistant Recreation Permits 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Coord, Assistant Recreation Enrichment 715 7,021.83 7,299.62 7,664.06 8,043.46 8,444.61 8,863.44 40.51 42.11 44.22 46.40 48.72 51.14 Innovation & Business Liaison 713 7,373.26 7,666.78 8,046.18 8,447.33 8,866.16 9,306.75 42.54 44.23 46.42 48.73 51.15 53.69 Housing & Homeless Coordinator 714 6,368.38 5,866.40 6,158.57 6,462.86 6,783.68 7,121.05 36.74 33.84 35.53 37.29 39.14 41.08 Public Safety Engagement Officer 721 6,686.87 6,952.87 7,296.91 7,658.62 8,039.38 8,437.81 38.58 40.11 42.10 44.18 46.38 48.68 Monthly Hourly
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Account Clerk 701 5,575.18 5,852.69 6,142.53 6,448.09 6,766.50 7,103.47 32.16 33.77 35.44 37.20 39.04 40.98 Accounts Payable Specialist I 702 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Accounts Payable Specialist II 703 6,151.97 6,458.09 6,777.92 7,114.89 7,467.57 7,840.23 35.49 37.26 39.10 41.05 43.08 45.23 Administrative Secretary 704 6,458.93 6,780.77 7,116.32 7,469.00 7,841.66 8,231.45 37.26 39.12 41.06 43.09 45.24 47.49 Aquatics Program Supervisor 705 7,858.07 8,250.02 8,661.23 9,091.02 9,542.21 10,017.67 45.34 47.60 49.97 52.45 55.05 57.79 Animal Control Officer 708 4,938.76 5,183.56 5,438.36 5,707.53 5,991.08 6,287.69 28.49 29.91 31.38 32.93 34.56 36.28 Assistant Events Coordinator 720 5,445.26 5,714.18 5,998.32 6,293.89 6,605.15 6,933.56 31.41 32.97 34.61 36.31 38.11 40.00 Assistant Facilities Maintenance Technician 708 4,938.43 5,183.03 5,438.61 5,707.04 5,991.18 6,288.18 28.49 29.90 31.38 32.93 34.56 36.28 Assistant Groundsworker 706 4,701.42 4,934.59 5,180.18 5,435.76 5,704.19 5,986.90 27.12 28.47 29.89 31.36 32.91 34.54 Assistant Maintenance Worker 707 4,588.64 4,816.08 5,054.53 5,302.97 5,565.69 5,841.27 26.47 27.79 29.16 30.59 32.11 33.70 Assistant Recreation Coordinator 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Assistant Tree Trimmer 706 4,701.42 4,934.59 5,180.18 5,435.76 5,704.19 5,986.90 27.12 28.47 29.89 31.36 32.91 34.54 Bus Driver 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Business License Specialist I 702 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Business License Specialist II 703 6,151.97 6,458.09 6,777.92 7,114.89 7,467.57 7,840.23 35.49 37.26 39.10 41.05 43.08 45.23 Buyer 710 7,485.45 7,857.36 8,247.16 8,655.52 9,086.73 9,537.93 43.19 45.33 47.58 49.94 52.42 55.03 Central Services Clerk 719 4,818.50 5,057.39 5,308.68 5,571.41 5,846.98 6,136.83 27.80 29.18 30.63 32.14 33.73 35.40 Code Enforcement & Collections Officer 713 7,668.19 8,050.12 8,448.49 8,869.70 9,309.47 9,772.09 44.24 46.44 48.74 51.17 53.71 56.38 Code Enforcement Aide 727 5,715.09 5,999.75 6,298.17 6,610.86 6,937.84 7,281.95 32.97 34.61 36.34 38.14 40.03 42.01 Code Enforcement Officer 712 7,125.66 7,478.99 7,851.65 8,240.02 8,649.81 9,079.59 41.11 43.15 45.30 47.54 49.90 52.38 Construction Inspector 715 6,623.12 6,953.54 7,299.09 7,660.33 8,040.12 8,439.92 38.21 40.12 42.11 44.19 46.39 48.69 Coord, Adult Sports I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Adult Sports II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Community Services I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Community Services II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Events 723 6,303.30 6,616.58 6,944.98 7,289.09 7,650.33 8,030.13 36.37 38.17 40.07 42.05 44.14 46.33 Coord, Records Management 714 6,623.12 6,953.54 7,299.09 7,660.33 8,040.12 8,439.92 38.21 40.12 42.11 44.19 46.39 48.69 Coord, Recreation 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Recreation Permits I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Recreation Permits II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Seniors Assisted Living I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Seniors Assisted Living II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Seniors Recreation Program I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Seniors Recreation Program II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Seniors Services I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Seniors Services II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Special Needs Recreation I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Special Needs Recreation II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Transportation I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Transportation II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Youth Sports I 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Coord, Youth Sports II 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Custodian 706 4,701.42 4,934.59 5,180.18 5,435.76 5,704.19 5,986.90 27.12 28.47 29.89 31.36 32.91 34.54 Division Secretary 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Division Secretary (Information Technology) 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Early Childhood Instructor 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Early Childhood Program Supervisor 705 7,858.07 8,250.02 8,661.23 9,091.02 9,542.21 10,017.67 45.34 47.60 49.97 52.45 55.05 57.79 Electrician 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Employment & Business Development Asst. 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Employment Specialist 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Engineering Technician 718 6,785.88 7,123.46 7,477.56 7,848.79 8,238.59 8,648.39 39.15 41.10 43.14 45.28 47.53 49.89 Equipment Mechanic I 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Equipment Mechanic II 704 6,458.93 6,780.77 7,116.32 7,469.00 7,841.66 8,231.45 37.26 39.12 41.06 43.09 45.24 47.49 Equipment Service Worker 720 5,445.26 5,714.18 5,998.32 6,293.89 6,605.15 6,933.56 31.41 32.97 34.61 36.31 38.11 40.00 Event Services Worker I 707 4,588.64 4,816.08 5,054.53 5,302.97 5,565.69 5,841.27 26.47 27.79 29.16 30.59 32.11 33.70 Event Services Worker II 719 4,818.50 5,057.39 5,308.68 5,571.41 5,846.98 6,136.83 27.80 29.18 30.63 32.14 33.73 35.40 Event Services Worker III 720 5,445.26 5,714.18 5,998.32 6,293.89 6,605.15 6,933.56 31.41 32.97 34.61 36.31 38.11 40.00 Facilities Maintenance Technician I 722 5,183.99 5,440.04 5,709.90 5,992.61 6,289.61 6,600.87 29.91 31.38 32.94 34.57 36.29 38.08 Facilities Maintenance Technician II 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Graphic Designer I 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Graphic Designer II 723 6,303.30 6,616.58 6,944.98 7,289.09 7,650.33 8,030.13 36.37 38.17 40.07 42.05 44.14 46.33 Groundsworker I 708 4,938.43 5,183.03 5,438.61 5,707.04 5,991.18 6,288.18 28.49 29.90 31.38 32.93 34.56 36.28 Groundsworker II 720 5,445.26 5,714.18 5,998.32 6,293.89 6,605.15 6,933.56 31.41 32.97 34.61 36.31 38.11 40.00 Heavy Equipment Operator 723 6,303.30 6,616.58 6,944.98 7,289.09 7,650.33 8,030.13 36.37 38.17 40.07 42.05 44.14 46.33 Hvac Technician 713 7,668.19 8,050.12 8,448.49 8,869.70 9,309.47 9,772.09 44.24 46.44 48.74 51.17 53.71 56.38 Irrigation Technician 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Kids Club Site Director 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Lead Facilities Maintenance Technician 704 6,458.93 6,780.77 7,116.32 7,469.00 7,841.66 8,231.45 37.26 39.12 41.06 43.09 45.24 47.49 Locksmith 704 6,458.93 6,780.77 7,116.32 7,469.00 7,841.66 8,231.45 37.26 39.12 41.06 43.09 45.24 47.49 Maintenance Worker I 719 4,818.50 5,057.39 5,308.68 5,571.41 5,846.98 6,136.83 27.80 29.18 30.63 32.14 33.73 35.40 Maintenance Worker II 720 5,445.26 5,714.18 5,998.32 6,293.89 6,605.15 6,933.56 31.41 32.97 34.61 36.31 38.11 40.00 Office Clerk 729 4,368.77 4,584.77 4,811.79 5,048.82 5,298.69 5,561.41 25.20 26.45 27.76 29.13 30.57 32.09 Offset Press Operator 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Painter 704 6,458.93 6,780.77 7,116.32 7,469.00 7,841.66 8,231.45 37.26 39.12 41.06 43.09 45.24 47.49 Payroll Specialist I 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Payroll Specialist II 703 6,151.97 6,458.09 6,777.92 7,114.89 7,467.57 7,840.23 35.49 37.26 39.10 41.05 43.08 45.23 Planning Secretary 723 6,303.30 6,616.58 6,944.98 7,289.09 7,650.33 8,030.13 36.37 38.17 40.07 42.05 44.14 46.33 Planning Technician I 714 6,623.12 6,953.54 7,299.09 7,660.33 8,040.12 8,439.92 38.21 40.12 42.11 44.19 46.39 48.69 Planning Technician II 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Plumber 718 6,785.88 7,123.46 7,477.56 7,848.79 8,238.59 8,648.39 39.15 41.10 43.14 45.28 47.53 49.89 Pool Maintenance Specialist 723 6,303.30 6,616.58 6,944.98 7,289.09 7,650.33 8,030.13 36.37 38.17 40.07 42.05 44.14 46.33 Purchasing Specialist I 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Purchasing Specialist II 703 6,151.97 6,458.09 6,777.92 7,114.89 7,467.57 7,840.23 35.49 37.26 39.10 41.05 43.08 45.23 Recreation Center Supervisor I 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Recreation Center Supervisor II 705 7,858.07 8,250.02 8,661.23 9,091.02 9,542.21 10,017.67 45.34 47.60 49.97 52.45 55.05 57.79 Recreation Program Supervisor 705 7,858.07 8,250.02 8,661.23 9,091.02 9,542.21 10,017.67 45.34 47.60 49.97 52.45 55.05 57.79 Resource Center Technician 709 6,002.07 6,301.03 6,613.72 6,942.13 7,284.81 7,647.48 34.63 36.35 38.16 40.05 42.03 44.12 Revenue Inspector 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Senior Account Clerk I 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 City of Carson
Monthly Salary Schedule
AFSCME Local 809
Effective July 1, 2025
4% COLA
Senior Account Clerk II 703 6,151.97 6,458.09 6,777.92 7,114.89 7,467.57 7,840.23 35.49 37.26 39.10 41.05 43.08 45.23 Senior Bus Driver 701 5,575.18 5,852.69 6,142.53 6,448.09 6,766.50 7,103.47 32.16 33.77 35.44 37.20 39.04 40.98 Senior Clerk 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Senior Code Compliance Specialist 705 7,858.07 8,250.02 8,661.23 9,091.02 9,542.21 10,017.67 45.34 47.60 49.97 52.45 55.05 57.79 Senior Construction Inspector 713 7,668.19 8,050.12 8,448.49 8,869.70 9,309.47 9,772.09 44.24 46.44 48.74 51.17 53.71 56.38 Senior Custodian 711 5,055.49 5,307.26 5,568.55 5,844.12 6,135.40 6,439.52 29.17 30.62 32.13 33.72 35.40 37.15 Senior Equipment Mechanic 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Senior Groundsworker 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Senior Maintenance Worker I 714 6,623.12 6,953.54 7,299.09 7,660.33 8,040.12 8,439.92 38.21 40.12 42.11 44.19 46.39 48.69 Senior Maintenance Worker II 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Senior Offset Press Operator 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Senior Rec Center Supervisor 725 8,457.72 8,879.69 9,320.89 9,783.51 10,271.82 10,781.57 48.79 51.23 53.77 56.44 59.26 62.20 Senior Storekeeper 714 5,855.01 6,146.82 6,450.95 6,770.78 7,106.33 7,457.57 33.78 35.46 37.22 39.06 41.00 43.02 Senior Tree Trimmer 718 6,785.88 7,123.46 7,477.56 7,848.79 8,238.59 8,648.39 39.15 41.10 43.14 45.28 47.53 49.89 Storekeeper 717 5,312.49 5,575.69 5,851.26 6,141.10 6,446.66 6,765.08 30.65 32.17 33.76 35.43 37.19 39.03 Tree Trimmer I 708 4,938.43 5,183.03 5,438.61 5,707.04 5,991.18 6,288.18 28.49 29.90 31.38 32.93 34.56 36.28 Tree Trimmer II 727 5,715.09 5,999.75 6,298.17 6,610.86 6,937.84 7,281.95 32.97 34.61 36.34 38.14 40.03 42.01 Typist Clerk I 707 4,588.64 4,816.08 5,054.53 5,302.97 5,565.69 5,841.27 26.47 27.79 29.16 30.59 32.11 33.70 Typist Clerk II 719 4,818.50 5,057.39 5,308.68 5,571.41 5,846.98 6,136.83 27.80 29.18 30.63 32.14 33.73 35.40 Senior Bus Driver (Cpt) 322 5,525.98 5,803.67 6,093.22 6,400.12 6,719.38 7,053.49 31.88 33.48 35.15 36.92 38.77 40.69 Early Childhood Instructor (Cpt) 330 5,263.66 5,526.48 5,801.19 6,093.22 6,397.64 6,716.90 30.37 31.88 33.47 35.15 36.91 38.75 Coord, Events Services 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Assistant Recreation Permits 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Coord, Assistant Recreation Enrichment 715 7,302.70 7,664.60 8,047.26 8,445.63 8,866.84 9,306.61 42.13 44.22 46.43 48.72 51.15 53.69 Innovation & Business Liaison 713 7,668.19 8,050.12 8,448.49 8,869.70 9,309.47 9,772.09 44.24 46.44 48.74 51.17 53.71 56.38 Housing & Homeless Coordinator 714 6,623.12 6,159.72 6,466.50 6,786.00 7,122.86 7,477.10 38.21 35.54 37.31 39.15 41.09 43.14 Public Safety Engagement Officer 721 6,954.34 7,300.51 7,661.76 8,041.55 8,441.35 8,859.70 40.12 42.12 44.20 46.39 48.70 51.11 Monthly Hourly
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Account Clerk 701 5,798.19 6,145.32 6,449.66 6,770.49 7,104.83 7,458.64 33.45 35.45 37.21 39.06 40.99 43.03 Accounts Payable Specialist I 702 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Accounts Payable Specialist II 703 6,398.05 6,780.99 7,116.82 7,470.63 7,840.95 8,232.24 36.91 39.12 41.06 43.10 45.24 47.49 Administrative Secretary 704 6,717.29 7,119.81 7,472.14 7,842.45 8,233.74 8,643.02 38.75 41.08 43.11 45.24 47.50 49.86 Aquatics Program Supervisor 705 8,172.39 8,662.52 9,094.29 9,545.57 10,019.32 10,518.55 47.15 49.98 52.47 55.07 57.80 60.68 Animal Control Officer 708 5,136.31 5,442.74 5,710.28 5,992.91 6,290.63 6,602.07 29.63 31.40 32.94 34.57 36.29 38.09 Assistant Events Coordinator 720 5,663.07 5,999.89 6,298.24 6,608.58 6,935.41 7,280.24 32.67 34.61 36.34 38.13 40.01 42.00 Assistant Facilities Maintenance Technician 708 5,135.97 5,442.18 5,710.54 5,992.39 6,290.74 6,602.59 29.63 31.40 32.95 34.57 36.29 38.09 Assistant Groundsworker 706 4,889.48 5,181.32 5,439.19 5,707.55 5,989.40 6,286.25 28.21 29.89 31.38 32.93 34.55 36.27 Assistant Maintenance Worker 707 4,772.19 5,056.88 5,307.26 5,568.12 5,843.97 6,133.33 27.53 29.17 30.62 32.12 33.72 35.38 Assistant Recreation Coordinator 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Assistant Tree Trimmer 706 4,889.48 5,181.32 5,439.19 5,707.55 5,989.40 6,286.25 28.21 29.89 31.38 32.93 34.55 36.27 Bus Driver 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Business License Specialist I 702 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Business License Specialist II 703 6,398.05 6,780.99 7,116.82 7,470.63 7,840.95 8,232.24 36.91 39.12 41.06 43.10 45.24 47.49 Buyer 710 7,784.87 8,250.23 8,659.52 9,088.30 9,541.07 10,014.83 44.91 47.60 49.96 52.43 55.04 57.78 Central Services Clerk 719 5,011.24 5,310.26 5,574.11 5,849.98 6,139.33 6,443.67 28.91 30.64 32.16 33.75 35.42 37.18 Code Enforcement & Collections Officer 713 7,974.92 8,452.63 8,870.91 9,313.19 9,774.94 10,260.69 46.01 48.77 51.18 53.73 56.39 59.20 Code Enforcement Aide 727 5,943.69 6,299.74 6,613.08 6,941.40 7,284.73 7,646.05 34.29 36.34 38.15 40.05 42.03 44.11 Code Enforcement Officer 712 7,410.69 7,852.94 8,244.23 8,652.02 9,082.30 9,533.57 42.75 45.31 47.56 49.92 52.40 55.00 Construction Inspector 715 6,888.04 7,301.22 7,664.04 8,043.35 8,442.13 8,861.92 39.74 42.12 44.22 46.40 48.70 51.13 Coord, Adult Sports I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Adult Sports II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Community Services I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Community Services II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Events 723 6,555.43 6,947.41 7,292.23 7,653.54 8,032.85 8,431.64 37.82 40.08 42.07 44.16 46.34 48.64 Coord, Records Management 714 6,888.04 7,301.22 7,664.04 8,043.35 8,442.13 8,861.92 39.74 42.12 44.22 46.40 48.70 51.13 Coord, Recreation 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Recreation Permits I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Recreation Permits II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Seniors Assisted Living I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Seniors Assisted Living II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Seniors Recreation Program I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Seniors Recreation Program II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Seniors Services I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Seniors Services II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Special Needs Recreation I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Special Needs Recreation II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Transportation I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Transportation II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Youth Sports I 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Coord, Youth Sports II 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Custodian 706 4,889.48 5,181.32 5,439.19 5,707.55 5,989.40 6,286.25 28.21 29.89 31.38 32.93 34.55 36.27 Division Secretary 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Division Secretary (Information Technology) 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Early Childhood Instructor 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Early Childhood Program Supervisor 705 8,172.39 8,662.52 9,094.29 9,545.57 10,019.32 10,518.55 47.15 49.98 52.47 55.07 57.80 60.68 Electrician 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Employment & Business Development Asst. 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Employment Specialist 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Engineering Technician 718 7,057.32 7,479.63 7,851.44 8,241.23 8,650.52 9,080.81 40.72 43.15 45.30 47.55 49.91 52.39 Equipment Mechanic I 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Equipment Mechanic II 704 6,717.29 7,119.81 7,472.14 7,842.45 8,233.74 8,643.02 38.75 41.08 43.11 45.24 47.50 49.86 Equipment Service Worker 720 5,663.07 5,999.89 6,298.24 6,608.58 6,935.41 7,280.24 32.67 34.61 36.34 38.13 40.01 42.00 Event Services Worker I 707 4,772.19 5,056.88 5,307.26 5,568.12 5,843.97 6,133.33 27.53 29.17 30.62 32.12 33.72 35.38 Event Services Worker II 719 5,011.24 5,310.26 5,574.11 5,849.98 6,139.33 6,443.67 28.91 30.64 32.16 33.75 35.42 37.18 Event Services Worker III 720 5,663.07 5,999.89 6,298.24 6,608.58 6,935.41 7,280.24 32.67 34.61 36.34 38.13 40.01 42.00 Facilities Maintenance Technician I 722 5,391.35 5,712.04 5,995.40 6,292.24 6,604.09 6,930.91 31.10 32.95 34.59 36.30 38.10 39.99 Facilities Maintenance Technician II 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Graphic Designer I 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Graphic Designer II 723 6,555.43 6,947.41 7,292.23 7,653.54 8,032.85 8,431.64 37.82 40.08 42.07 44.16 46.34 48.64 Groundsworker I 708 5,135.97 5,442.18 5,710.54 5,992.39 6,290.74 6,602.59 29.63 31.40 32.95 34.57 36.29 38.09 Groundsworker II 720 5,663.07 5,999.89 6,298.24 6,608.58 6,935.41 7,280.24 32.67 34.61 36.34 38.13 40.01 42.00 Heavy Equipment Operator 723 6,555.43 6,947.41 7,292.23 7,653.54 8,032.85 8,431.64 37.82 40.08 42.07 44.16 46.34 48.64 Hvac Technician 713 7,974.92 8,452.63 8,870.91 9,313.19 9,774.94 10,260.69 46.01 48.77 51.18 53.73 56.39 59.20 Irrigation Technician 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Kids Club Site Director 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Lead Facilities Maintenance Technician 704 6,717.29 7,119.81 7,472.14 7,842.45 8,233.74 8,643.02 38.75 41.08 43.11 45.24 47.50 49.86 Locksmith 704 6,717.29 7,119.81 7,472.14 7,842.45 8,233.74 8,643.02 38.75 41.08 43.11 45.24 47.50 49.86 Maintenance Worker I 719 5,011.24 5,310.26 5,574.11 5,849.98 6,139.33 6,443.67 28.91 30.64 32.16 33.75 35.42 37.18 Maintenance Worker II 720 5,663.07 5,999.89 6,298.24 6,608.58 6,935.41 7,280.24 32.67 34.61 36.34 38.13 40.01 42.00 Office Clerk 729 4,543.52 4,814.01 5,052.38 5,301.26 5,563.62 5,839.48 26.21 27.77 29.15 30.58 32.10 33.69 Offset Press Operator 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Painter 704 6,717.29 7,119.81 7,472.14 7,842.45 8,233.74 8,643.02 38.75 41.08 43.11 45.24 47.50 49.86 Payroll Specialist I 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Payroll Specialist II 703 6,398.05 6,780.99 7,116.82 7,470.63 7,840.95 8,232.24 36.91 39.12 41.06 43.10 45.24 47.49 Planning Secretary 723 6,555.43 6,947.41 7,292.23 7,653.54 8,032.85 8,431.64 37.82 40.08 42.07 44.16 46.34 48.64 Planning Technician I 714 6,888.04 7,301.22 7,664.04 8,043.35 8,442.13 8,861.92 39.74 42.12 44.22 46.40 48.70 51.13 Planning Technician II 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Plumber 718 7,057.32 7,479.63 7,851.44 8,241.23 8,650.52 9,080.81 40.72 43.15 45.30 47.55 49.91 52.39 Pool Maintenance Specialist 723 6,555.43 6,947.41 7,292.23 7,653.54 8,032.85 8,431.64 37.82 40.08 42.07 44.16 46.34 48.64 Purchasing Specialist I 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Purchasing Specialist II 703 6,398.05 6,780.99 7,116.82 7,470.63 7,840.95 8,232.24 36.91 39.12 41.06 43.10 45.24 47.49 Recreation Center Supervisor I 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Recreation Center Supervisor II 705 8,172.39 8,662.52 9,094.29 9,545.57 10,019.32 10,518.55 47.15 49.98 52.47 55.07 57.80 60.68 Recreation Program Supervisor 705 8,172.39 8,662.52 9,094.29 9,545.57 10,019.32 10,518.55 47.15 49.98 52.47 55.07 57.80 60.68 Resource Center Technician 709 6,242.15 6,616.08 6,944.41 7,289.24 7,649.05 8,029.85 36.01 38.17 40.06 42.05 44.13 46.33 Revenue Inspector 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Senior Account Clerk I 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Senior Account Clerk II 703 6,398.05 6,780.99 7,116.82 7,470.63 7,840.95 8,232.24 36.91 39.12 41.06 43.10 45.24 47.49 Senior Bus Driver 701 5,798.19 6,145.32 6,449.66 6,770.49 7,104.83 7,458.64 33.45 35.45 37.21 39.06 40.99 43.03 Senior Clerk 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Senior Code Compliance Specialist 705 8,172.39 8,662.52 9,094.29 9,545.57 10,019.32 10,518.55 47.15 49.98 52.47 55.07 57.80 60.68 Senior Construction Inspector 713 7,974.92 8,452.63 8,870.91 9,313.19 9,774.94 10,260.69 46.01 48.77 51.18 53.73 56.39 59.20 Senior Custodian 711 5,257.71 5,572.62 5,846.98 6,136.33 6,442.17 6,761.50 30.33 32.15 33.73 35.40 37.17 39.01 Senior Equipment Mechanic 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Senior Groundsworker 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Senior Maintenance Worker I 714 6,888.04 7,301.22 7,664.04 8,043.35 8,442.13 8,861.92 39.74 42.12 44.22 46.40 48.70 51.13 Senior Maintenance Worker II 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 Senior Offset Press Operator 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Senior Rec Center Supervisor 725 8,796.03 9,323.67 9,786.93 10,272.69 10,785.41 11,320.65 50.75 53.79 56.46 59.27 62.22 65.31 Senior Storekeeper 714 6,089.21 6,454.16 6,773.50 7,109.32 7,461.65 7,830.45 35.13 37.24 39.08 41.02 43.05 45.18 Senior Tree Trimmer 718 7,057.32 7,479.63 7,851.44 8,241.23 8,650.52 9,080.81 40.72 43.15 45.30 47.55 49.91 52.39 Storekeeper 717 5,524.99 5,854.47 6,143.82 6,448.16 6,768.99 7,103.33 31.87 33.78 35.45 37.20 39.05 40.98 Tree Trimmer I 708 5,135.97 5,442.18 5,710.54 5,992.39 6,290.74 6,602.59 29.63 31.40 32.95 34.57 36.29 38.09 Tree Trimmer II 727 5,943.69 6,299.74 6,613.08 6,941.40 7,284.73 7,646.05 34.29 36.34 38.15 40.05 42.03 44.11 Typist Clerk I 707 4,772.19 5,056.88 5,307.26 5,568.12 5,843.97 6,133.33 27.53 29.17 30.62 32.12 33.72 35.38 Typist Clerk II 719 5,011.24 5,310.26 5,574.11 5,849.98 6,139.33 6,443.67 28.91 30.64 32.16 33.75 35.42 37.18 Senior Bus Driver (Cpt) 322 5,747.02 6,093.85 6,397.88 6,720.13 7,055.35 7,406.16 33.16 35.16 36.91 38.77 40.70 42.73 Early Childhood Instructor (Cpt) 330 5,474.21 5,802.80 6,091.25 6,397.88 6,717.52 7,052.75 31.58 33.48 35.14 36.91 38.75 40.69 Coord, Events Services 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Assistant Recreation Permits 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Coord, Assistant Recreation Enrichment 715 7,594.81 8,047.83 8,449.62 8,867.91 9,310.18 9,771.94 43.82 46.43 48.75 51.16 53.71 56.38 Innovation & Business Liaison 713 7,974.92 8,452.63 8,870.91 9,313.19 9,774.94 10,260.69 46.01 48.77 51.18 53.73 56.39 59.20 Housing & Homeless Coordinator 714 6,888.04 6,467.71 6,789.83 7,125.30 7,479.00 7,850.96 39.74 37.31 39.17 41.11 43.15 45.29 Public Safety Engagement Officer 721 7,232.51 7,665.54 8,044.85 8,443.63 8,863.42 9,302.69 41.73 44.22 46.41 48.71 51.14 53.67 City of Carson
Monthly Salary Schedule
AFSCME Local 809
Effective July 1, 2026
4% COLA
CITY OF CARSON 701 East Carson Street
Report to City Council, Successor Agency, andHousing Authority Tuesday, March 18, 2025, 5:00 PM
CONSENT 21. To: City Council, Successor Agency, and Housing Authority From: Monica Cooper, City Treasurer TREASURER Subject: CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON,CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY-MONTH ENDING FEBRUARY 28, 2025(CITY COUNCIL) I. SUMMARY
Submitted to the Mayor and City Council is the monthly Investment and Cash Report for the City of Carson, former Successor Agency and Carson Housing Authority for the month ending February 28, 2025. Following are the total reserves and cash on hand for the City of Carson and each Carson entity:

City of Carson reserves (Invested assets): $222,938,291.59 City of Carson available cash: $26,355,078.77

Restricted funds for the city of Carson include cash on hand and reserves for the Successor Agency, Housing Authority and Co-Op Agreement:

Total City of Carson restricted funds: $23,516,530.81 II. RECOMMENDATION
RECEIVE and FILE.

III. ALTERNATIVES
TAKE another action the Council deems appropriate.

IV. BACKGROUND
The Investment and Cash Report is submitted monthly to the Mayor and City Council to keep them informed about the reserves and available cash for each Carson entity. This report encompasses reserves for the City of Carson, former Successor Agency, and the Housing Authority.

The investment program outlined in the report ensures adequate liquidity to cover six months of estimated expenditures. All investments adhere to California state code 503600, the City of Carson Investment Policy, and any relevant bond indentures.

V. FISCAL IMPACT
None
VI. EXHIBITS

1. Summary of Cash (Pg. 3)

2. City of Carson Investment (Pgs. 4-6)

3. City of Carson Housing Authority (Pg. 7)

4. City of Carson Successor Agency Investments (Pg. 8)

Attachments
Cash rpt FEB 2025.pdf
CITY OF CARSON HOUSING PORTFOLIO RESERVES SUMMARY Feb2025.pdf CITY OF CARSON PORTFOLIO RESERVES SUMMARY Feb2025.pdf
CITY OF CARSON SUCCESOR PORTFOLIO RESERVES SUMMARY Feb2025.pdf

Cash and Investment Report Summary
City of Carson, Carson Successor Agency, Carson Housing Authority February 28, 2025

Available Cash Invested Funds
General Fund $26,355,078.77 $222,938,291.59

Successor Agency (restricted revenue) $6,504,381.32 $7,626,578.82 Housing Authority (restricted revenue) $4,503,926.03 $3,000,000.00 Co-Op Agreement (restricted revenue) $1,881,644.64

CITY OF CARSON HOUSING AUTHORITY PORTFOLIO RESERVES SUMMARY

FOR THE MONTH ENDING
FEBRUARY 28, 2025
Description CUSIP/Ticker YTM @
Cost Face Amount/Shares Cost Value Market Value % of Portfolio Certificate Of Deposit
Preferred Bank 4.42 9/27/2025 3000022368 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Preferred Bank 4.42 9/27/2025 3000022333 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Preferred Bank 4.42 9/27/2025 3000022341 4.420 1,000,000.00 1,000,000.00 1,000,000.00 33.33 Sub Total / Average Certificate Of Deposit 4.420 3,000,000.00 3,000,000.00 3,000,000.00 100.00 Total / Average 4.420 3,000,000.00 3,000,000.00 3,000,000.00 100

CITY OF CARSON PORTFOLIO RESERVES SUMMARY

FOR THE MONTH ENDING
FEBRUARY 28, 2025
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio
Cash
BNY Cash Reserve Cash MM1159A 0.160 9,128,074.38 9,128,074.38 9,128,074.38 4.09 Preferred Premier Cash MM942 3.250 39,520,891.57 39,520,891.57 39,520,891.57 17.73 Sub Total / Average Cash 2.670 48,648,965.95 48,648,965.95 48,648,965.95 21.82 Certificate Of Deposit
American Express Natl BK 1.8 3/3/2025 02589ABM3 1.800 245,000.00 245,000.00 244,947.37 0.11 Eaglemark Saving Bank 2 3/2/2027 27004PCM3 2.000 245,000.00 245,000.00 234,361.56 0.11 East/West Bank 3.55 7/23/2025 178064422B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.97 East/West Bank 3.55 7/23/2025 178944242B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.97 East/West Bank 3.55 7/23/2025 178622841A 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.97 East/West Bank 3.55 7/23/2025 1785024444B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.97 East/West Bank 3.55 7/23/2025 178417994B 3.550 2,164,674.00 2,164,674.00 2,164,674.00 0.97 East/West Bank 3.55 7/31/2025 178011696 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.49 East/West Bank 3.55 7/31/2025 0178225460-L 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.49 East/West Bank 3.55 7/31/2025 0178585526-L 3.550 1,088,513.59 1,088,513.59 1,088,513.59 0.49 East/West Bank 3.55 7/31/2025 0178800198-L 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.49 East/West Bank 3.55 7/31/2025 178002788 3.550 1,090,992.91 1,090,992.91 1,090,992.91 0.49 East/West Bank 4.15 8/8/2025 178659182L 4.150 1,086,498.51 1,086,498.51 1,086,498.51 0.49 East/West Bank 4.15 8/8/2025 178740303L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.49 East/West Bank 4.15 8/8/2025 178254698L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.49 East/West Bank 4.15 8/8/2025 178208467L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.49 East/West Bank 4.15 8/8/2025 178712582L 4.150 1,085,625.43 1,085,625.43 1,085,625.43 0.49 MABUHAY 3.25 8/13/2027 XXXX49 3.250 220,938.64 220,938.64 220,938.64 0.10 Preferred Bank 4.27 4/26/2025 306119-L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 4.27 4/26/2025 3000003703-L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 4.27 4/26/2025 300691-L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 4.27 4/26/2025 300683-L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 4.27 4/27/2025 30000006915-
L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45
Preferred Bank 4.27 9/10/2025 30000007180L 4.270 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 4.42 9/10/2025 300007199L 4.420 1,000,000.00 1,000,000.00 1,000,000.00 0.45

Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio
Preferred Bank 5.14 8/1/2025 6893B 5.140 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Preferred Bank 5.14 8/1/2025 6907B 5.140 1,000,000.00 1,000,000.00 1,000,000.00 0.45 Sallie Mae Bank/ Salt Lake 1 7/14/2026 7954507A7 1.000 250,000.00 250,000.00 239,039.08 0.11 Toyota Finl Svgs BK 1.05 10/21/2026 8923M-LW-9 1.050 245,000.00 245,000.00 232,475.55 0.11 USBS BANK1.05 10/27/2026 90348JV56 1.050 245,000.00 245,000.00 232,237.70 0.11 Sub Total / Average Certificate Of Deposit 3.826 32,155,794.10 32,155,794.10 32,108,855.36 14.42 Corporate
Bank of America 1.4 5/14/2026-22 06048WL99 1.400 300,000.00 300,000.00 288,120.00 0.13 BERKSHIRE HATHAWAY FIN 2.3 3/15/2027 084664CZ2 2.580 300,000.00 296,087.07 289,467.00 0.13 GOOGLE- Alphabet Inc. 1.998 8/15/2026 02079KAC1 2.000 300,000.00 299,972.90 290,841.00 0.13 John Deere Capital Corp 1.05 6/17/2026 24422EVR7-A 1.050 300,000.00 300,000.00 288,219.00 0.13 JPMORGAN CHASE CO 1.2 4/30/2026-23 48128G3G3 1.200 300,000.00 300,000.00 286,236.00 0.13 TARGET CORPORATION 1.95 1/15/2027 87612EBM7 1.990 500,000.00 499,063.55 480,080.00 0.22 Truist Bank 1.5 3/10/2025 89788JAA7 1.850 250,000.00 245,845.97 249,852.50 0.11 Sub Total / Average Corporate 1.745 2,250,000.00 2,240,969.49 2,172,815.50 1.01 Local Government Investment Pool
LAIF LGIP LGIP9143 4.333 25,909,194.67 25,909,194.67 25,909,194.67 11.62 Sub Total / Average Local Government Investment
Pool 4.333 25,909,194.67 25,909,194.67 25,909,194.67 11.62 Money Market
East/West Bank MM 22305 3.250 84,500,267.01 84,500,267.01 84,500,267.01 37.90 Sub Total / Average Money Market 3.250 84,500,267.01 84,500,267.01 84,500,267.01 37.90 US Agency
FAMC 2.3 3/8/2027 31422XVA7 2.300 1,000,000.00 1,000,000.00 964,860.00 0.45 FAMC 3 8/15/2025 31422XD74 3.280 1,000,000.00 992,106.27 993,980.00 0.45 FFCB 0.84 3/2/2026-21 3133EMSK9 0.907 1,000,000.00 996,743.00 967,350.00 0.45 FFCB 1.27 11/2/2026 3133ENCQ1 1.270 1,000,000.00 1,000,000.00 954,110.00 0.45 FFCB 1.43 11/23/2026-22 3133ENEM8 1.430 1,000,000.00 1,000,000.00 955,230.00 0.45 FFCB 1.53 1/26/2026 3133ENLDO 1.530 2,000,000.00 2,000,000.00 1,953,200.00 0.90 FFCB 4 11/1/2027 3133ERZC8 4.000 474,069.86 474,069.86 473,316.09 0.21 FFCB 4 11/1/2029-25 3133ERZD6 4.121 1,000,000.00 994,627.33 996,300.00 0.45 FHLB 1 3/26/2026-21 313ALMV3 1.000 1,000,000.00 1,000,000.00 966,100.00 0.45 FHLB 1 9/30/2026 3130AP6D2 1.000 1,000,000.00 1,000,000.00 952,770.00 0.45 FHLB 1.125 10/14/2026 313OAPBS3 1.125 1,000,000.00 1,000,000.00 953,490.00 0.45 FHLB 1.13 7/20/2026 3130AN3R9 1.130 1,000,000.00 1,000,000.00 958,060.00 0.45 FHLB 1.3 11/24/2026-22 3130APU37 1.326 1,000,000.00 998,750.00 952,830.00 0.45 FHLB 1.31 10/28/2026 3130APLN3 1.310 1,000,000.00 1,000,000.00 955,280.00 0.45 FHLB 1.375 11/16/2026 3130APLP8 1.375 1,000,000.00 1,000,000.00 953,270.00 0.45 Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio
FHLB 1.5 1/27/2027 3130AQHM8 1.500 1,000,000.00 1,000,000.00 951,800.00 0.45 FHLMC 2.05 3/17/2025 3134GXMJO 2.060 1,000,000.00 999,701.62 999,100.00 0.45 FHLMC 4.12 9/29/2025 3134GX2M5 4.145 1,000,000.00 999,273.00 998,780.00 0.45 Sub Total / Average US Agency 1.853 18,474,069.86 18,455,271.08 17,899,826.09 8.29 US Treasury
T-Bond 3.125 8/15/2025 91282CFE6 3.246 1,000,000.00 996,573.44 994,690.00 0.45 T-Bond 4.125 2/15/2027 91282CKA8 4.424 1,000,000.00 991,750.00 1,002,190.00 0.45 T-Note 3 7/15/2025 91282CEY3 4.739 2,000,000.00 1,966,765.62 1,990,540.00 0.90 T-Note 3.375 9/15/2027 91282CLL3 3.475 1,000,000.00 997,215.63 985,270.00 0.45 T-Note 3.5 9/30/2026 91282CLP4 3.586 1,000,000.00 998,351.56 991,800.00 0.45 T-Note 3.875 10/31/2029 91282CFL0 4.070 1,000,000.00 991,456.88 993,320.00 0.45 T-Note 3.875 11/30/2029 91282CFY2 4.056 1,000,000.00 991,936.23 993,010.00 0.45 T-Note 4 1/31/2029 91282CJW2 4.283 1,000,000.00 987,532.55 999,180.00 0.45 T-Note 4 10/31/2029 91282CFT3 4.073 1,000,000.00 996,837.50 998,240.00 0.45 T-Note 4 2/25/2026 91282CGL9 4.469 1,000,000.00 989,003.13 998,480.00 0.45 Sub Total / Average US Treasury 4.106 11,000,000.00 10,907,422.54 10,946,720.00 4.93 Total / Average 3.244 222,938,291.59 222,817,884.84 222,186,644.58 100

CITY OF CARSON SUCCESSOR AGENCY PORTFOLIO RESERVES SUMMARY

FOR THE MONTH ENDING
FEBRUARY 28, 2025

Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Cash
Preferred Bank Cash MM0099 3.250 6,162,630.82 6,162,630.82 6,162,630.82 80.80 Sub Total / Average Cash 3.250 6,162,630.82 6,162,630.82 6,162,630.82 80.80 Local Government Investment Pool
LAIF LGIP LGIP9016 4.333 1,463,948.00 1,463,948.00 1,463,948.00 19.20 Sub Total / Average Local Government Investment Pool 4.333 1,463,948.00 1,463,948.00 1,463,948.00 19.20 Total / Average 3.458 7,626,578.82 7,626,578.82 7,626,578.82 100

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 18, 2025, 5:00 PM
CONSENT 22. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director Community Services Subject: CONSIDER APPROVING THE PURCHASE OF TWENTY-SIX (26) GRIZZLY ADJUSTABLEBASKETBALL COURT SYSTEMS THROUGH A PURCHASE AGREEMENT WITH BSN SPORTS, LLC, AND APUBLIC WORKS CONTRACT WITH BSN SPORTS, LLC TO REMOVE AND DISPOSE OF THE OLD SYSTEMSAND INSTALL THE NEW ADJUSTABLE GRIZZLY COURT SYSTEMS AT CARSON, CALAS, DOLPHIN,DOMINGUEZ, HEMINGWAY, VETERANS AND STEVENSON PARKS (CITY COUNCIL) I. SUMMARY
The Department of Community Services/Recreation/Park Maintenance has determined that the outdoor basketball court systems located at Carson, Calas, Dolphin, Dominguez, Foisia, Hemingway, Stevenson, and Veterans Parks require immediate replacement. All are near or past their life cycle, and need to be repaired, but spare parts are obsolete or hard to ﬁnd. Therefore, staff is requesting City Council approval for the purchase, via a Purchase Agreement, for twenty-six (26) new Grizzly Adjustable Basketball Court Systems from BSN Sports, LLC, an authorized dealer, utilizing the cooperative purchasing bidding exemption pursuant to Carson Municipal Code (CMC) 2611(g) and Omnia Partners cooperative purchasing agreement #R201101 for purposes of compliance with the bidding requirements of the Purchasing Ordinance (Chapter 6 of Article II of the CMC), for a total not to exceed amount of $133,864.49. Staff also recommends approval of a Public Works contract with the same vendor for the removal of the existing basketball court systems and the installation of the new Grizzly adjustable basketball court systems for a not-to-exceed Contract Sum of $74,995.00.

II. RECOMMENDATION
TAKE the following actions:

1. WAIVE the formal bidding procedures as deﬁned by the Carson Municipal Code (CMC) Section 2610, and APPROVE the Purchase Agreement with BSN Sports, LLC, an authorized dealer, for the purchase of twenty-six (26) Grizzly Adjustable Basketball Court Systems and additional accessories for a total not-to-exceed cost of $133,864.49 (Exhibit No. 1; "Purchase Agreement"), utilizing the cooperative purchasing bidding exemption pursuant to CMC 2611(g) and Omnia Partners cooperative purchasing agreement #R201101 for purposes of compliance with the bidding requirements of the purchasing ordinance.

2. APPROVE the proposed Public Works Agreement with BSN Sports, LLC, for the removal of the existing basketball court systems and the installation of the new Grizzly adjustable basketball systems for a total not- to-exceed Contract Sum of $74,995.00 (Exhibit No. 2; "Public Works Agreement").

3. AUTHORIZE Mayor to execute the Purchase Agreement and the Public Works Agreement, following approval as to form by the City Attorney.

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

IV. BACKGROUND
The City owns, operates, and maintains approximately sixteen (16) basketball courts, resulting in more than twenty (20) basketball court systems. With residents' regular use of the parks, and the City’s basketball courts speciﬁcally, there has been signiﬁcant wear and tear to these basketball court systems. This circumstance has negatively impacted the park's aesthetic appeal, and more importantly, the safety and performance of these systems.

Additionally, they are outdated and need of repair, but locating spare parts has proven challenging. Therefore, staff determined that to ensure that residents are provided with a safe and enjoyable experience at these recreation facilities, new basketball court systems are needed.

The proposed Grizzly Adjustable Basketball Court System, recently installed at Anderson Park, has been well- received by residents who appreciate both its functionality and appearance, providing a modern look that aligns with the city's goal of creating a welcoming and safe space. The system is durable and designed to withstand heavy usage, while also allowing for height adjustments that can accommodate players of various heights, ages, and skill levels.

Section 2611(g) of the Carson Municipal Code (“CMC”) allows the City, through its Purchasing Manager, to dispense with competitive bidding processes to purchase materials, supplies, equipment, or services by utilizing a cooperative purchasing program engaged in by any local, county, state, or federal public entity or entities. This policy applies even if the contracts and implementing agreements entered into by the participating entity or association under those cooperative purchasing programs were not entered into under a process that resulted in the contract being awarded to the lowest responsible and responsive bidder under CMC 2610(i). This action is permissible provided the bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association within three years of City’s approval of the City contract entered into with the selected bidder via cooperative purchasing. The City Council has decided that the beneﬁts to the City of utilizing cooperative purchasing outweigh any incremental higher price that may be paid by the City in certain instances as a result of not soliciting directly utilizing the lowest responsible and responsive bidder standard under CMC 2610(i).

Omnia Partners is a cooperative purchasing agency established to allow participating municipal agencies to reduce the cost of procurement by leveraging the beneﬁts of contract purchasing. Through solicitations, Omnia contracts bring considerable value and eﬃciencies to members through nationally leveraged contracted suppliers with access to the highest quality products and brands. Each solicitation and Request for Proposal (RFP) contain language that includes all qualiﬁed customers in all ﬁfty (50) states. It should be noted that the recommended cooperative purchasing procurement includes only purchase and delivery of the equipment, which is exempt from competitive bidding under CMC 2611(g). The City’s Purchasing Manager has waived the formal bidding process for the purchase of the twenty-six (26) basketball court systems as permitted under Section 2611(g) of the CMC, and approved use of Omnia Partners cooperative purchasing agreement # R201101 for bidding compliance purposes.

The pricing for the proposed purchase is the same pricing offered pursuant to Omnia Partners cooperative purchasing agreement #R201101. However, the contract between the City and the vendor, BSN Sports, LLC, for the City’s purchase of the basketball court systems would be the proposed Purchase Agreement.

The cooperative purchasing exemption is not available for public projects under CMC 2612. Installation of the basketball court systems is recommended to be accomplished via approval of the separate Public Works agreement with BSN Sports, LLC. The scope of work under the proposed Agreement includes, but is not limited to, the removal and disposal of the existing basketball court systems at Calas, Carson, Dolphin, Hemingway, Foisia, Veterans, Stevenson, and Dominguez Parks, as well as the installation of the new Grizzly adjustable court systems at these facilities. The work under the proposed Agreement constitutes a public project within the meaning of CMC Section 2612 and Public Contracts Code (PCC) Section 22032. Pursuant to PCC Section 22032, public projects of $75,000 or less may be performed by negotiated contract; there are no formal or informal bidding procedures applicable to public projects of $75,000 or less. The cost of this public project is $74,995.00. Accordingly, there are no applicable bidding procedures, and the City may proceed via negotiated contract with BSN Sports, LLC.

Staff is seeking the approval by the City Council to purchase the basketball systems for the parks, and approve the Public Works contract to remove the old equipment and install the new systems.

V. FISCAL IMPACT
There is no additional funding requested at this time. The total appropriation is available within the Community Services Department General Fund budget in Account Numbers:
101-90-950-680-6009: $50,373.00
101-90-950-680-6027: $80,000
101-90-950-260-6027: $13,220
101-90-950-355-6027: $9,390.00
101-90-950-258-6027: $20,000.00
101-90-950-256-6027: $16,678.00
101-90-950-252-6027: $19,339.00
VI. EXHIBITS

1. Purchase Agreement

2. Public Works Contract

Attachments
(BSN Sports) Purchase Agreement.pdf
(BSN Sports) Public Works Agreement .pdf
01007.0001/1051939.2

PURCHASE AGREEMENT

BY AND BETWEEN

THE CITY OF CARSON AND

BSN SPORTS, LLC

THIS PURCHASE AGREEMENT (“Agreement”) is executed this ______ day of __________________, 2025 (“Effective Date”), by and between the CITY OF CARSON, a California municipal corporation (“City”), and BSN SPORTS, LLC, a Delaware limited liability company (“Seller”). City and Seller may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

1. Purchase and Sale of Goods. On and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell and deliver to City and City agrees to purchase and accept from Seller the Basketball Systems described herein and specified in Exhibit “A” attached hereto and incorporated herein by this reference (“Goods”), for the total purchase price ("Purchase Price") set forth in Section 3.

2. Description of Goods. The Goods being sold by Seller to City consists of 26 Grizzly Adjustable Basketball Systems and #715DAT Cables with Laminated Steel, as described herein and as specified in Exhibit “A.”

3. Purchase Price. The total Purchase Price which City agrees to pay to Seller for purchase and sale of the Goods and their delivery is not to exceed One Hundred Thirty -Three Thousand Eight Hundred Forty-Six Dollars and Forty-Nine Cents ($133,846.49), as provided in further detail in Exhibit “A”.

4. Term. The term of this Agreement shall expire after City’s acceptance of the Goods and City’s payment therefor following Seller’s submission of the requisite invoice, and subject to any applicable warranty of the Goods.

5. Representations and Warranties of Seller. Seller makes the following representations and warranties to City:

5.1. Authority and Consents. Seller has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Seller's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Seller have been duly authorized by all necessary action on the part of Seller and constitute t he legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms.

5.2. Title and Operating Condition. Seller has good and marketable title to the Goods. The Goods are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to the Goods free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. The Goods are in conformity with the manufacturer’s specifications, descriptions, representations and warranties. Seller is aware that City is purchasing 01007.0001/1051939.2
the Goods for use in City’s operations and that City is relying on Seller's warranties that the Goods are fit for this purpose and the ordinary purposes for which the Goods are normally used.

6. Time of Delivery. The date and time of delivery of the Goods shall be no later than 60 days following issuance of a Notice to Proceed by City’s Contract Officer, or if elected by the City’s Contract Officer, as otherwise requested by the City, during City’s business hours which are Monday through Thursday 7:00 am to 3:30 pm. In the latter case, City will provide Seller with a scheduled delivery date for the site listed in Section 7.

7. Place of Delivery. The Goods shall be shipped/delivered to City of Carson, Building B # Receiving Warehouse, 18620 S. Broadway, Gardena, CA 90248, and offloaded there by Seller.

8. Title and Risk of Loss; Payment and Invoicing. Title to and the risk of loss, damage and destruction of the Goods shall remain with the Seller until after inspection and acceptance of the Goods by City, and payment by City of the Purchase Price. Seller shall invoice City in the amount of the Purchase Price for purchase of the Goods, and City shall remit payment by no later than forty-five (45) days after City’s acceptance of the Goods.

9. Inspection. After delivery of the Goods, City shall inspect the Goods within a reasonable time not to exceed thirty (30) days and provide written notice to the Seller specifying any defects or other objections, unless City intends to accept the Goods in whole, in whic h case no notice will be necessary. Acceptance of the Goods, whether in whole or in part, shall not be deemed a waiver of any defects identified by the City, nor any defects later discovered by the City, and specified to the Seller in writing.

10. No Replacements or Cures. This Agreement calls for strict compliance. Seller expressly agrees that both the Goods tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Goods or any part thereof, City may, but is not required to, accept any substitute performance from Seller or engage in subsequent efforts to effect a cure of the original tender by Seller.

11. Insurance Coverages.

11.1 Types of Coverages. Seller 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) Commercial General Liability Insurance. 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 aggre gate 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 Seller against any loss, 01007.0001/1051939.2
claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Seller 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. A policy of comprehensive automobile liability insurance written on a per occurrence basis 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 other automobile.
(d) Subcontractors. Seller 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 be subject to all of the requirements stated herein.
(e) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Seller 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 Seller.

11.2 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 Seller’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. 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, Seller shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Contract Officer. No work or services under this Agreement shall commence until Seller has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates 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 with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisf actory 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 City’s Risk Manager or other designee of the City due to unique circumstances.

12. Indemnification. Seller agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature (including reasonable attorney’s fees) which the City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to 01007.0001/1051939.2
property (i) arising out of or from the Goods or delivery or offloading of the Goods, and (ii) to the extent arising from (a) Seller’s negligent acts, omissions or willful misconduct, (b) Seller's ownership or possession of the Goods during any period ending on or prior to the Effective Date, (c) Seller’s replacement of the Goods or any part thereof pursuant to this Agreement, and (d) Seller's breach of any of its representations, warranties or covenants under this Agreement.

13. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. Without limiting the generality of the foregoing, Seller agrees that if there is any defect in the Goods, as determined in City’s sole and absolute discretion, and upon written notice thereof given to Seller, Seller shall replace the defective Goods without delay or cost to the City. In the event of Seller’s failure to replace the Goods within ten (10) calendar days after being notified of such defects, City is hereby authorized to contract with another party for the purchase of replacement of Goods, and Seller shall reimburse City for all such costs immediately upon demand.

14. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the Parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement.

15. Assignment. This Agreement may not be assigned by Seller without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the Parties and their respective heirs, legal representatives, successors and assigns. All Good s manufacturer’s warranties shall be assigned to and turned over to the City.

16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties.

17. Entire Agreement: Modification: Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings of the Parties, whether oral or written. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

18. Contract Officer. Freddy Loza , Public Works Superintendent, or such person as may be designated by the City Manager is hereby designated as being the representative of the City authorized to act on its behalf with respect to this Agreement and to make all decisions in connection therewith (“Contract Officer”).

19. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the Party to whom notice is to be given, or on the third day after mailing if mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:

01007.0001/1051939.2
To Seller at: BSN Sports, LLC
Attn.: Hamilton Pollard
23848 Hawthorne Blvd., Suite 100
PO Box 841393
Dallas, TX 75284-1393

To City at: City of Carson
701 East Carson Street
Carson, CA 90745
Attn: City Manager
Any Party may change its address for purposes of this paragraph by giving the other Party written notice of the new address in the manner set forth above.

20. Warranty and 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. Seller 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. Seller 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. Seller 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.

Seller’s Authorized Initials _______

21. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions.

22. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile and electronic signatures shall be deemed the same as original signatures.

23. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California.
01007.0001/1051939.2

24. Termination. City may terminate this Agreement for any reason whatsoever, prior to delivery of the Goods and City’s payment of the Purchase Price therefore as set forth herein.

25. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Los Angeles County, California.
[SIGNATURES ON FOLLOWING PAGE]
01007.0001/1051939.2
IN WITNESS WHEREOF, the Parties to this Agreement have duly executed in on the day 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
[pks]
SELLER:

BSN Sports, LLC, a California corporation

Name:

Title:

Name:

Title:

If Seller is a limited liability company, any one of the following options will satisfy City’s signature requirements pursuant to the Corporations Code. Option A: 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. Option B: Signatures required from two managers unless the LLC is managed by one manager per its articles of organization, in which case only one signature from that manager is required. Option C: One signature required from any member unless the LLC is manager-managed per its articles of organization. Option D: One signature required from any manager if the LLC is manager- managed per its articles of organization. . SELLER’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 SELLER’S BUSINESS ENTITY.
01007.0001/1051939.2

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. 01007.0001/1051939.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

___________________________________

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.

01007.0001/1051939.2

EXHIBIT A

DESCRIPTION OF GOODS AND PRICING

Further details of the Goods are as shown in the specification below dated October 16, 2024 and provided with Seller’s Quote issued to the City on October 31, 2024.

However, assembly/installation of the Goods is not within the scope of this Agreement, nor is demolition/removal of any existing basketball systems. The terms and conditions set forth in said Quote, are hereby expressly excluded from this Agreement.

Pricing is per Omnia Partners Contract # R201101 Effective 10/01/2020 – 09/30/2023 with two renewal periods exercised through 09/30/2025.

01007.0006/1051934.2 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND

BSN SPORTS, LLC

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 BSN SPORTS, LLC, a Delaware limited liability company (“ Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contract or, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qu alified 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 Municip al Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the se lection of Contractor for performance of the services and desire that the terms of that performan ce 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 w ith all of the specifications and requirements in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by this reference. Except as otherwise provided in Exhibit A, the Scope of Work shall include the Contractor’s Quote dated December 30, 2024 (“Proposal”) and other Bid Docu ments for the project entitled Basketball Court Systems Installation (“ 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 all of the documents included in the solicitation of bids for the Project, including but not limited to, the Proposal, all applicable permit requiremen ts, any addenda, any applicable Project Labor Agreement, and any other docum ents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof, except as otherwise

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provided in Exhibit A. In the event of any conflic t between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Stan dard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the even t 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) Registration 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) Prevailing 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) Penalty 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 pena lties 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 empl oyed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll 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 re cords available for inspection as provided by Section 1776; and inform the City of the location of the records.

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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 a nd California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor 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 a pplicable 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) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Sect ion 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 Cont ractor 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) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the pa yment 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 Secti on 3700 of the Labor Code which require every employer to be insured against li ability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before comm encing 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 ce rtified 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.

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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, whic h 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 ev ent of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Ag reement 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 e xpense such licenses, permits, registrations, and approvals as may be required by law for th e performance of the services required by this Agreement. Contractor shall have the sole obligat ion 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, its off icers, employees or agents of City, against any such fees, assessments, taxes, penalties or inte rest 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 performe d, and (iii) fully understands th e facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contract or has or will investiga te the site and is or will be fully acquainted with the conditions th ere 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 de fined in Section 25117 of the Health & Safety Code required to be removed to a Class 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 available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual na ture, different from those ordinarily encountered and generally reco gnized 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 wor k, shall issue a change order in accordance with this Agreement.

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(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or i nvolve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, per formance of any part of the work, Contrac tor shall not be excused from any scheduled completion da te set, but shall proceed with all work to be performed under the Agreement. Contractor shal l 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 i ndicate 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 specificati ons. 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 th is 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 work er 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 va ries 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 sy stem less 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 compensa tion 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 Agree ment to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own

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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 whic h 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 shal l within ten (10) days 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 cont ractors) 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 th e date of acceptance of such corrected work.

Contractor shall perform such tests as the City ma y 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. A ll warranties and guarantees of subcontractors, 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 enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perf orm its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and repl ace 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 deduc ting 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 designe es, 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

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Orders must be signed by the Contractor and City’s City Manager or designee 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 Contract or’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 City Manager or designee. 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) Materials 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. Th e daily report must include: list of names of workers, classifications, and hours worked; description a nd 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 Contract or that the provisions of this Section shall not apply to services spec ifically set forth in the Sc ope 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 Cont ractor 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.

1.13 CARB Compliance.

For a project involving the use of in-use off-roa d diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the va lid Certificates of Reported Compliance, as

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described in 13 CCR 2449(n), for the fleet performi ng services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

1.14 Special Requirements.

Additional terms and conditions of this Agreem ent, 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 Ag reement, City agrees to pay Contractor the amounts set forth in Exhibit A attached hereto 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 C ontractor’s expenses, of an amount not to exceed Seventy-Four Thousand Nine Hundred Ninety-Five Dollars ($74,995.00) (“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 Ag reement. 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 Agr eement, 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 applica ble, with Contractor’s first invoice. If these rates change at any time during the term of the Agr eement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

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2.3 Payment.
(a) Payments Made by 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 dispu ted by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and a grees 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 fiftee n (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 w ith 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 Ca lifornia Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

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(b) At the request and expense of C ontractor, Contractor has the option of establishing an escrow account with a state or fe derally chartered bank which shall serve as an escrow agent, for Contractor’s direct depos it of securities as a substitute for reten tion 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 shall 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 ma ke payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Except as otherwise provided in Exhibit A, Contractor shall complete the Project within one hundred eighty (180) calendar 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 pe riod, 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 wo rking 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 services 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 caus ed 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 Schedu le 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 restricti ons, 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 dela y notify the Project Mana ger 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 su ch delay is justified. The P roject Manager’s determination

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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 in spect shall constitute a waiver by City of any defects in the work. From and after acceptance, th e 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 A greement 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:

Hamilton Pollard __________ Project Manager __________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to pe rsonally 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 C ontractor’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.

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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 obtain any rights to retirement, health care or an y 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 Superint endent, 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 otherwis e specified herein, any approval of City required hereunder shall mean the approval of the Projec t 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 and 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 a nd reputation of Contractor, its principals and employees were a substantial inducement for the Ci ty to enter into this Agreement. Therefore, Contractor shall not contract with any other enti ty 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 pers on or group of persons acting in concert of more than twenty five percent (25%) of the present ow nership 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.

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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 shal l 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 le ss 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) Automobile liability insurance. C ontractor 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 equi valent, 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) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’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 co insurance 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 desi gn or specifications; (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 marin e cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficie nt to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

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(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liabilit y 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 contempla ted 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 shal l 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 specifical ly provide for a duty to defend on the part of the insurer.

If Contractor maintains broader c overage 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 insuranc e proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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(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 th e insurance it deems ne cessary and any premium paid by City will be promptly reimbursed by C ontractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver 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. Contract or hereby waives its own right of recovery against City, and shall require similar written express waivers and ins urance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisi ons (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) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not inte nded 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 clarif ication 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 maintain s 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) Notice of Cancellation. 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) Additional Insured Status. 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 polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with th ese requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, exce pt with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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(m) Pass Through Clause. Contra ctor 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 mi nimum 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) Agency’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 wr itten notice of such change. If such change results in substantial additional cost to the C ontractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insure d 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) Timely Notice of Claims. 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) Additional Insurance. 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 Ag reement or its failure to comply with any of its obligations contained in this Agreement, ex cept 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, em ployees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is e xpressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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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 liabilit y 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 re ceipt 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.

5.7 Release of Securities.

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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, stud ies, certified and accurate copies of payroll records in compliance with all applicable laws, 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 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, audi t 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 s ubmit to the Project Manager such reports concerning the performance of the services requi red 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, ci rcumstances, techniques, or events that may or will materially increase or decrease the cost of the work or service s 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.

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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, subcontra ctors 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, C ontractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with re spect 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, ag ents or subcontractors, shall not, without prior written authorization from the Proj ect Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other informati on 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 indemnit y 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 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 obligat ion, 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 rev iew any response to di scovery requests provided by

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Contractor. However, this right to review any su ch 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 inte rpreted, construed and governed bot h as to validity and to performance of the parties in accordance with th e laws of the State of Cali fornia. 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 acti on. In the event of litigati on in a U.S. District Court, venue shall lie exclusively in the Centra l District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provi sions 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. Cont ractor shall have ten ( 10) days after service upon it of said notice in which to cure the defaul t by rendering a satisfactory performance. In the event that Contractor fails to cure its default with in 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 re medy 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 even t Contractor shall be paid for such completed portion.

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7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervi sed 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 extra 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 pursua nt 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 pay ment for extra work, disputed work, and/or changed conditions. Failure to follow such co ntractual requirements sh all bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contract or 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 c laim: (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.

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(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 t hree 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 requested 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 addi tional 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 presc ribed, 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) Mediation. 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 contract or in writing, shall be submitted to nonbinding mediation, with the City and the Contractor shar ing 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 ev aluation 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.

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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section sh all 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 Cont ractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must co mply 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 Go vernment Code claims shall be limited to those matters that remain unresol ved 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 su bmitted. 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) Civil 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 med iation 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 se lection 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 th e 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.

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01007.0006/1051934.2
(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, notwiths tanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commenc ing with Section 2016.010) of Pa rt 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 re asonable hourly rates of pay not to exceed their 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 (com mencing 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 Contra ctor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omis sion 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 e xpressly declared to be exclusive in this Agreement, the rights and remedies of the parties ar e cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code secti on 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City al l 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, (commencing 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.

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01007.0006/1051934.2
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 defa ult 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 off icer or principal of its firm, has or shall acquire any interest, directly or indirectly, whic h would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performan ce of services under this Agreement. Contractor further c ovenants 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 appearan ce of any conflicts of interest w ith the interests of City in the performance of this Agreement.

No officer or employee of the City shall have an y financial interest, di rect or indirect, in this Agreement nor shall any such officer or em ployee participate in any decision relating to the Agreement which affects his financial interest or the financial intere st 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, it s 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 acc ount of race, color, creed, religion, 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.

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01007.0006/1051934.2
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 Ag reement. 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 cons trued 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 counter parts shall together constitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments here to 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 Agreem ent 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 require ment for written modifications cannot be waived and that any attempted waiver shall be void.

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01007.0006/1051934.2

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 declar ed 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 fi nancial interest or the fi nancial interest of any corporation, partnership, or association in which (s)h e is directly or indirectly interested, or in violation of any corporation, partne rship, or association in which (s)he is directly or indirectly interested, or in violation of any State or muni cipal 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 consequen ce 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), om ission(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 ar e duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so ex ecuting this Agreement, such party is formally bound to the provisions of this Agreement, and (i v) 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]

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01007.0006/1051934.2
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. Robert, Jr., City Manager

ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[brj;pks]
CONTRACTOR:

BSN Sports, LLC, a Delaware limited
liability company
*By: _______________________________
Name: ___________________________
Title: _______________________

*By: _______________________________
Name: _______________
Title: ___________________________

Address: P.O. Box 841393
Dallas, TX 75284-1393

*If Contractor is a limited liability company, any on e of the following options will satisfy City’s signature requirements pursuant to the Corporations Code. Option A: 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. Option B: Signatures required from two managers unless the LLC is managed by one manager per its articles of organization, in which case only one signature from that manager is required. Option C: One signature required from any member unless the LLC is manager-managed per its articles of organization. Option D: One signatu re required from any manager if the LLC is manager- managed per its articles of organization. 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.

01007.0006/1051934.2

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 th e within instrument and acknowledged to me that he/sh e/they executed the same in his/her/their authorized ca pacity(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)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

01007.0006/1051934.2

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 th e within instrument and acknowledged to me that he/sh e/they executed the same in his/her/their authorized ca pacity(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)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

01007.0006/1051934.2 A-1

EXHIBIT A

SCOPE OF WORK

The sites listed above are City park sites (e.g., Carson Park, Dolphin Park, Hemingway Park, etc.) Further details of the new grizzly basketball systems to be installed by Contractor are as shown in the specification sheet for the Grizzly adjustable basketball court systems provided by Contractor dated October 16, 2024. However, notwithstandi ng any provision of the Proposal, purchase and shipping/delivery of the new basketball systems /equipment is not within the scope of this Agreement. Notwithstanding any provision of this Ag reement to the contrary, this Agreement is strictly for labor, as described above. The terms and conditions set forth in the Proposal, aside from those relating to the demolition/removal and assembly/installation scope of work and pricing, are hereby expressly excluded from this Agreement.

01007.0006/1051934.2

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. Subsection (a) (General Liability Insuran ce) of Section 5.1 (Insurance Coverages) is hereby 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.”
II. Subsection (b) (Automobile Liability Insu rance) of Section 5.1 (Insurance Coverages) is hereby amended as follows:
“(b) Automobile liability insurance. Contractor shal l maintain automobile insurance at least as broad as Insurance Services Office form IS O CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury a nd property damage for all activities of the Contractor arising out of or in connection with Se rvices 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.” III. Subsection (d) (Builder’s Risk Insurance) of Section 5.1 (Insurance Coverages) is hereby deleted.

IV. Subsection (e) (Pollution Liability Insura nce) of Section 5.1 (Insurance Coverages) is hereby deleted.

01007.0006/1051934.2

EXHIBIT C

PERFORMANCE BOND
We, BSN Sports, LLC 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 exceed Seventy-Four Thousand Nine Hundred Ninety-Five Dollars ($74,995.00). City and Principal have entered into an agreement, or are about to enter into the agreement att ached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in sa id agreement. Surety herein approves of the terms and conditions of said agreem ent 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.

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, Cit y’s engineer, and their consultan ts, and each of their officials, directors, officers, employees and agents, as ther ein 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 reas onably estimate 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 presu med 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 sh all in any wise 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 se rvices 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.

01007.0006/1051934.2
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 th e Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006/1051934.2

EXHIBIT D

PAYMENT BOND

We, BSN Sports, LLC 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 exceed Seventy-Four Thousand Nine Hundred Ninety-Five Dollars ($74,995.00). 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 ther eon 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 spec ified 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 rega rding 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.

01007.0006/1051934.2
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.

01007.0006/1051934.2

EXHIBIT E

INVOICE FORM

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 18, 2025, 5:00 PM
CONSENT 23. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director CS Community Services Subject: CONSIDER APPROVING A CONTRACT WITH ED'S FENCING, INC. TO REPLACE THE TENNISCOURT FENCING AT DOLPHIN PARK (CITY COUNCIL) I. SUMMARY
The Dolphin Park tennis courts are regularly used by residents for both recreational and competitive play. In light oftheir heavy utilization, it is imperative that the courts are aesthetically pleasing and, more importantly, safe for allusers. Staff has determined that the existing fencing is outdated, worn, and deteriorating, thereby posing apotential safety hazard and diminishing the overall appearance of this amenity and the park itself. After carefulevaluation, staff is proposing the full replacement of the fencing. The scope of work includes installation of chainlink fencing, horizontal poles, and necessary hardware to ensure a durable and long-lasting solution. The total costof the Public Works Contract Agreement with the selected vendor, Ed's Fencing, Inc., to complete this project is fora not-to-exceed contract sum of $59,970.00 (Exhibit No. 1).

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE the proposed Public Works Agreement with Ed's Fencing, Inc., for a total not to exceed Contract Sum of $59,970.00 (Exhibit No. 1; "Agreement").

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

III. ALTERNATIVES
TAKE another action the City Council deems appropriate, consistent with the requirement of applicable law.

IV. BACKGROUND
Dolphin Park serves as a vital recreational space for the community, providing residents with access to varioussports and leisure activities. The tennis courts are an especially popular amenity, as shown by their regular use byindividuals of all ages. Over time, the fencing surrounding the courts has signiﬁcantly deteriorated due to exposureto the elements and continuous utilization. The existing structure no longer provides adequate containment for thecourts and has become increasingly susceptible to further damage. Moreover, the current state of the courts hasdiminished the overall appearance of the park and become a safety hazard for the public.

In light of the current condition of the Dolphin tennis courts, staff is proposing the replacement of the fencingaround this amenity. Speciﬁcally, the scope of work for this project includes, but is not limited to, the following:
• Removal and replacement of all chain link fencing
• Replacement of all horizontal poles to ensure structural stability • Installation of new hardware, including tension bands, ties, and fasteners, to reinforce the fencing system The work under the proposed Agreement constitutes a public project within the meaning of CMC Section 2612 andPublic Contracts Code (PCC) Section 22032. Pursuant to PCC Section 22032, public projects of $75,000 or lessmay be performed by negotiated contract. As the cost of this project is $59,970.00, no formal or informal biddingprocedures are required. Therefore, staff is recommending the approval of a Public Works Contract with Ed'sFencing, Inc., to replace the fencing around the tennis courts at Dolphin Park.

V. FISCAL IMPACT
Should the City Council approve staff's recommendation, no additional funds are required. Funds are available in the adopted FY 24 - 25 budget in Account Nos.:
101-90-970-105-6016: $50,000.00
101-90-970-105-7001: $11,100.00
VI. EXHIBITS

1. Public Works Agreement - Ed's Fencing

Attachments
(Dolphin Park - Ed's Fencing) Public Works Contract Agreement- draft(1049380.6) (002).pdf

01007.0006/1049380.6 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
ED’S FENCING, INC.

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 ED’S FENCING, INC., 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.

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 Dolphin Park Tennis Court Fencing (“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 the scope of work and price set forth in Contractor’s Bid as shown in 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.
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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 empl oyed 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-

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) W
orkers’ 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.
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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 conditions 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 available 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.
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(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 less 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 sheet ing, 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 other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own -6-

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) days 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 enforce 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 City, 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 City Manager or designee, 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 Orders must be signed by the Contractor and City’s City Manager or designee, prior to commencing the extra work thereunder. -7-

(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 City Manager or designee . 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 complete d, 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) Mat
erials 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.

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. -8-

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 -Nine Thousand Nine Hundred Seventy Dollars ($59,970.00) (“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.

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 d ays if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

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.

(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 reten tion 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.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within fifteen (15) 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 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. -11-

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:

Ryan Cripps _____________ Project Manager __________
(Name) (Title)
________________________ ________________________
(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 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 , or any other person as may be designated by the City Manager. 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 Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent 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 cont rol 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.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

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) Workers’ 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 specifications; (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 proje ct 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 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.
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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, certified copies of all required insurance policies, at any time.
(c) D
uration of Coverage . 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- 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) C
ity ’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) W
aiver 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 -15-

Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements 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 Coverage 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 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) P ass 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) Se
lf -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, -16-

lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. 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 Insurance. 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 result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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.
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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

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.

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.
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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 c ost 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.

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 -19-

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 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 even t 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.
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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 condition s 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.

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, “c laim” 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:
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(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. (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 -22-

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 co ntractor 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. (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 -23-

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 fil ed 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) Civil 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.
(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.
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7.5 Waiver.

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.

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 -25-

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 a ffects 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.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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 -26-

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.

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 v iolation 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 -27-

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 obta ining 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 t o 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 Agreeme nt, 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]

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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
[brj;pks]
CONTRACTOR:

ED’S FENCING, INC. a California
corporation
*By: _______________________________
Name:

Title:

*By: _______________________________
Name:

Title:

Address: 1521 E. Pacific Coast Hwy
Wilmington, CA 90744

*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.

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 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)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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 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)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT A
CONTRACTOR’S BID
Contractor’s bid is as follows, which includes application of prevailing wage rates:

All language/text contained in Contractor’s bid that is not expressly set forth above is hereby expressly excluded from this Agreement.

The work will be performed in the City’s Dolphin Park at the Tennis Courts.

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

I. The first paragraph of Section 2.2 (Invoices) is amended as follows:
“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 Coverages ) 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 follows:
“(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.

EXHIBIT C

PERFORMANCE BOND
We, Ed’s Fencing, Inc., 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-Nine Thousand Nine Hundred Seventy Dollars and Zero Cents ($59,970.00). 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.

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.

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]

(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.

EXHIBIT D

PAYMENT BOND

We, Ed’s Fencing, Inc., 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-Nine Thousand Nine Hundred Seventy Dollars and Zero Cents ($59,970.00).

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 obligatio n herein and shall be deemed proper payment as between Principal and Surety.

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.

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

(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.

EXHIBIT E

INVOICE FORM

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 18, 2025, 5:00 PM
CONSENT 24. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director CS Community Services Subject: CONSIDER APPROVAL OF AMENDMENT NO. 2 TO EXTEND THE AGREEMENT WITH LYFT,INC. FOR SUBSIDIZED LYFT RIDES BY ONE ADDITIONAL YEAR (CITY COUNCIL) I. SUMMARY
On January 1, 2021, the City entered into a General Services Agreement and associated Program Partnership Formwith Lyft, Inc. ("Lyft") for on-demand, ride-hail services through June 30, 2024 (Exhibit No. 1; "Agreement"). UtilizingProposition C funds, the City subsidizes 50% of all eligible Lyft rides taking place within City limits, up to amaximum subsidy of $10 per ride. As of the start of March 2025, the partnership has provided over 43,000 rides toplaces of work, schools, restaurants, stores, and more, all within Carson. On April 16, 2024, the City Council approved Amendment No. 1 to the Agreement, exercising the City's ﬁrst of twoone-year options to extend the term of the Agreement through June 30, 2025 (Exhibit No. 2; "Amendment No. 1").Staff now requests approval of Amendment No. 2 to the Agreement, to exercise the City's remaining option toextend the term by one additional year (Exhibit No. 3; "Proposed Amendment No. 2"). The annual compensationamount over the initial term was $60,000 per year, and $120,000 for the ﬁrst extension year, but staff would like toincrease the annual amount to $140,000 for the proposed second extension year. This request is due to increasedpublic demand for services. The City Council is asked to approve Amendment No. 2 to the Agreement, which would: (i) extend the term of theAgreement by one additional year, through June 30, 2026; and (ii) increase the not-to-exceed Contract Sum by$140,000, from $330,000 to $470,000, to fund services for the second extension year.

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE Amendment No. 2 to the Agreement with Lyft, Inc. ("Exhibit No. 3; "Amendment"); 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.

IV. BACKGROUND
In connection with Coronavirus Disease 2019 ("COVID-19"), in 2020, the Disaster Council placed a temporarysuspension over the City's local ﬁxed-route bus operations. The decision was made in an effort to protect thehealth of the public, and to slow the potential spread of COVID-19. To provide alternative means of transportation,staff: (i) introduced a modiﬁed form of Dial-A-Ride service for residents of all ages; (ii) provided supplemental taxiand ﬁxed-route bus service for students; and (iii) established a temporary City-subsidized program through Lyft foron-demand, ride-hail services.

On January 1, 2021, the City entered into a General Services Agreement and associated Program Partnership Formwith Lyft, Inc. ("Lyft") for on-demand, ride-hail services through June 30, 2024 (Exhibit No. 1; "Agreement"). UtilizingProposition C funds, the City subsidizes 50% of all eligible Lyft rides taking place within City limits, up to amaximum subsidy of $10 per ride. As of the start of March 2025, the partnership has provided over 43,000 rides toplaces of work, schools, restaurants, stores, and more, all within Carson. On April 16, 2024, the City Council approved Amendment No. 1 to the Agreement, exercising the City's ﬁrst of twoone-year options to extend the term of the Agreement, thereby extending the term through June 30, 2025. (ExhibitNo. 2). Staff now requests approval of Amendment No. 2 to the Agreement, to exercise the City's remaining option toextend the term of the Agreement for one year, through June 30, 2026. The annual compensation amount over theinitial term was $60,000 per year, and $120,000 for the ﬁrst extension year, but staff would like to increase theannual amount to $140,000 for the proposed second extension year. This request is due to increased publicdemand for services. Accordingly, the proposed Amendment No. 2 would increase the not-to-exceed Contract Sumby $140,000. The City Council is asked to approve the proposed Amendment No. 2 to the Agreement, which would: (i) extend theterm of the Agreement by one additional year, through June 30, 2026; and (ii) increase the not-to-exceed ContractSum by $140,000, from $330,000 to $470,000, to fund services for the proposed extension period.

V. FISCAL IMPACT
None. Should the City Council approve Amendment No. 2, funds in the amount of $140,000 will be budgeted in FY2025-26 Proposition C Account No. 219-90-940-185-6004.

VI. EXHIBITS

1. Agreement2. Amendment No. 13. Amendment No. 2

Attachments
Exhibit No. 1 - Agreement.pdf
Exhibit No. 2 - Amendment No. 1.pdf
Exhibit No. 3 - Amendment No. 2.pdf
DocuSign Envelope 1D: 8ABB01 CA-6CEB-4133-827F-CE2F7F03F5B0

CONFIDENTIAL
LYIT, INC.

GENERAL SERVICES AGREEMENT
This General Services Agreement, together with any Partnership Program Form(s) in effect from time to time during the Term (each, a "Partnership Program Form") (collectively, this "Agreement') sets forth the terms of Agency's use of the Services (as defined in Section 1 below) and is entered into as of the date on which this Agreement is fully executed as indicated in the signature blocks below ("Effective Date") between Lyft, Inc., a Delaware corporation located at 185 Berry St., Suite 5000, San Francisco, CA 94107 ("Lyft") and the City of Carson, a municipal corporation, located at 701 East Carson Street, Carson, CA 90745 ("Agency"). This Agreement consists of the following Terms and Conditions, any Partnership Program Form(s) (the form of which is attached hereto as Exhibit !Land incorporated herein by reference), and any other attachments, exhibits, or appendices hereto. Both Lyft and Agency may be referred to herein individually as a "Party," or collectively as the "Parties." NOW, THEREFORE, in consideration of the terms contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

TERMS AND CONDITIONS
I. The Services.
a. Background. Lyft operates a multimodal, transportation-as-a-service ridesharing platform ("Lyft Platform") and mobile application (the "Lyft App") which allows authorized users ("Riders") the opportunity to request a ride from one location to another (each, a "Ride Request"). Independent contractors as authorized users of the Lyft Platform ("Drivers") providing driving services using their own vehicles may accept Ride Requests from Riders in order to provide such Riders with transportation services ("Driving Services''), Once a Ride Request is accepted by a Driver, and a Driver and Rider are matched via the Lyft App, Rider may enter the Driver's vehicle and receive Driving Services from one location to another (each, a ''Ride"). For clarity, a Ride commences once the Rider enters the Driver's vehicle and lasts until the Rider exits the Driver's vehicle. b. Lyft Services. Lyft provides Agency certain enterprise transportation related solutions, products, and services (as further defined below, "Services") to administer, track and manage its transportation spend for its Riders. Agency desires to utilize the Services, and Lyft and Agency agree to launch the Services in accordance with the terms of this Agreement and as specified in Exhibit A. "Services" means the services, products, and programs offered and provided by Lyft to Agency under this Agreement, which may include but are not limited to, Lyft Pass, Lyft Concierge, the Lyft Dashboard, Lyft Ride Programs, or any separately requested software or online access provided to Agency, training, support, programs, products, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by Lyft. c. Provision oflhe Services. Lyft will make the Services available to Agency in accordance with this Agreement. Subject to the tenns and conditions of this Agreement, Lyft grants Agency a non-exclusive, non transferrable, revocable, limited license to use the Lyft Platform and Services during the Term. Lyft reserves all rights not expressly granted to Agency under this Agreement. Riders may use the Lyft Platform to request and take Rides as set forth in the Lyft Terms of Service (https://www.lyfl.com/terms) and Privacy· Policy (https:/lwww.lyft.com/privacy). In the event of any conflict between this Agreement and the Lyft Terms of Service and Privacy Policy as it relates to Agency, this Agreement shall control. 01007 0001/685718 3
Lyll TBS General Services Agreement [hybrid- draft]
Lasl Updated June 2020
DocuSign Envelope ID: 8AB801CA-6CEB-4133-827F-CE2F7F03F5B0

CONFIDENTIAL
d. Agency Account. To access the Services, Agency must have an Agency account ("Agency Account") and provide true, accurate, current, and complete information as requested during the account creation process. Agency must also keep that information true, accurate, current, and complete throughout the Term. Agency is solely responsible for all use (whether or not authorized) of the Services under the Agency Account, and for all acts and omissions of Agency staff that has access to such Agency Account, as well as for all Fees (as defined below) generated under such Agency Account in accordance with this Agreement. Agency agrees to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify Lyft promptly upon the discovery of any known or suspected unauthorized or fraudulent activity occurring under the Agency Account. Lyft will not be liable for any loss or damage arising from unauthorized or fraudulent use of the Agency Account, except to the extent caused by Lyft's gross negligence or willful misconduct. e. Restrictions. Agency shall not, and shall not authorize others to (i) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Lyft Platform and Services; (ii) use the Lyft Platform, Services, and any data received from the Services in violation of applicable law, third party rights, and this Agreement; (iii) sublicense, repackage, lease, rent, sell, give or otherwise transfer or provide the Lyft Platform and Services to any unaffiliated third party except as may be provided in this Agreement; (iv) substantially replicate or modify the Lyft Platform, Services or their elements, except as expressly permitted hereunder; (iv) use incorrect or outdated Agency Rider information in connection with this Agreement; (v) interfere with, modify or disable any features or functionality of the Lyft Platform and Services; (vi) transmit tiles, documents, or any other material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs; and/or (vii) use the Services or Lyft Platform in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS messages, chat, voice mail, or video.
f. Data. All information related to Agency, Riders, and their use of the Lyft Platform or Services as received, collected, compiled, aggregated or produced by Lyft in connection with this Agreement, including but not limited to, the information contained within the Lyft Dashboard and the Agency Account, shall be governed by the terms of Lyft's Privacy Policy (https:1,www.hft.com. privac\ ), and Lyft shall have the right to use such data as set forth in Lyfi's Privacy Policy. For the avoidance of doubt, Lyft may disclose such information to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, without notice to Agency or Riders. Lyft determines the extent to which such data will be provided to Agency through the Dashboard and Agency Account, as described in the Data Reporting Addendum. Lyft reserves the right to add, remove, and update features and functionality related to such data at any time and Lyft will not be responsible for any loss of data or any other damages associated with such changes.

2. Term. This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated as set forth herein (the "Term''). Notwithstanding the foregoing, if there are any Partnership Program Forms in effect, then this Agreement will not terminate until all such Partnership Program Forms have expired or been terminated in accordance with the terms therein. Upon the expiration or termination of all Partnership Program Forms, this Agreement shall terminate.

3. Partnership Program. The Parties will cooperate to launch and maintain the partnership program for Agency to use the Services (as set forth on each Partnership Program Form) (the ''Partnership Program"). Except as expressly agreed to in Section 4 and Exhibit A of this Agreement., each Party shall be responsible for its expenses and costs during its performance under this Agreement.

4. Fees and Payment. Agency agrees to pay Lyft for fees incurred through its use of the Lyft Platform, including Ride fares, service fees, tolls, surcharges, Prime Time fees, taxes, and any other fees, to the extent of the authorized Agency subsidies as set forth in Exhibit A (collectively "Fees"). Fees due are payable in accordance with the payment schedule set forth on each Partnership Program Form, as applicable.

5. Notice and Consents
a. Notices. As applicable, Agency is obligated to notify Agency Riders that Agency will receive information related to certain Rides, including but not limited to, for example, name of Rider, time of ride. 01007 0001/685718 3
Lyft TBS General Services Agreement [hybnd- draft]
Last Updated J�ne 2020
1 DocuSlgn Envelope ID: 8ABB01CA-6CEB-4133-827F-CE2F7F03F5BO

CONFIDENTIAL
and ride cost. Agency agrees that all Riders completing an application to receive Lyft Concierge Services consent to the following language: "By accepting Lyft Concierge Ride services, you consent to Lyft's Rider Terms of Service, which is available at https://www.lyft.com/terms."
b. Automated Text Messaging or Calls. If Agency uses Concierge or Lyft Pass and provides Lyft with the phone numbers of Riders or other individuals via the Services, Agency represents and warrants that it has all rights, permissions, and consents necessary under the Telephone Consumer Protection Act ("TCPA") and any other applicable federal, state and local laws, rules or regulations for Agency and/or Lyft to use an automatic telephone dialing system to call, text or otherwise contact the recipient associated with the phone number provided by Agency (whether a Rider or otherwise) including via SMS message or voice call, in relation to a Ride taken by a Rider, and/or Agency's use of the Services. Agency acknowledges and agrees that by providing an individual's phone number via the Services for any purpose, such individual (whether a Rider or otherwise) shall receive automated communications, including but not limited to SMS messages or phone calls relating to a Ride, and/or Agency's other uses of the Services. Agency further -acknowledges and agrees it will not send personally identifiable information or other sensitive information in relation to the content of SMS messages and calls made by Agency through the Services. c. Emails. If Agency uses Lyft Pass or Business Profiles and provides Lyft with the email addresses of Riders or other individuals, Agency represents and warrants that it has all rights and permissions necessary under the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) and any other applicable federal, state, and local laws, rules or regulations for Lyft to email such persons. d. Data Usage. Agency consents on behalf of itself and each Rider to allow Lyft to use any Rider information provided by Agency to (i) transmit a request via the Lyft Platform to available Drivers; (ii) send automated transactional communications, including but not limited to SMS texts or phone calls, to the Rider relating to the Ride or the provision of the Services; (iii) share the Rider information with the Driver who accepted the Request, provided that the Driver will only receive the first name of the Rider and pick up and drop off location; and (iv) use and store the Rider information for the internal purposes of Lyft, subject to Lyft's Privacy Policy (https://www.lyft.com/privacy). Agency also consents on behalf of itself and each Rider to allow Lyft to share any Agency or Rider information with its authorized vendors, service providers, and subcontractors for purposes of performing its obligations hereunder.

6. Proprietary Rights.
a. License to Use Lyft Marks. Lyft hereby grants to Agency a revocable, time-limited, royalty-free, non-exclusive, non-transferable, non-sublicensable right and license to use all names, marks and logos associated with Lyft (collectively, "Lyft Marks") during the Term, solely in furtherance of Agency's obligations in this Agreement. Agency's use of any of the Lyft Marks shall be subject to Lyft's prior written approval in each instance. Lyft warrants and represents that it has (or has obtained from all appropriate rights holders) all necessary rights and authority to grant the license granted by it hereunder. Agency hereby covenants and agrees that the Lyft Marks shall remain the sole and exclusive property of Lyft and that Agency shall not hold itself out as having any ownership rights with respect thereto. Any and all goodwill associated with the Lyft Marks shall inure directly to the benefit of Lyft. Agency's use of Lyft Marks must conform to Ly-ft's usage guidelines and instructions as Lyft may provide or update from time to time (and in no event shall the color, style, appearance, or relative dimensions of the Lyft Marks be altered or changed in any way).
b, License to Use Agency Marks. Agency hereby grants to Lyft a revocable. time-limited, royalty-free, non-exclusive, non-transferable, non-sublicensable right and license to use all names, marks and logos associated with Agency (collectively, "Agency Marks") during the Term, solely in furtherance of Lyft's obligations in this Agreement. Lyft may additionally use the Agency's marks and logos in confidential presentations about the program, including procurement responses and presentations. Lyft 's use of any of the Agency Marks shall be subject to Agency's prior written approval in each instance. Agency warrants and represents that it has (or has obtained from all appropriate rights holders) all necessary rights and authority to grant the license granted by it hereunder. Lyft hereby covenan� and agrees that the Agency Marks shall remain the sole and exclusive property of Agency and that Lyft shall not hold itself out as having any ownership rights with respect thereto. Any and all goodwill associated with the Agency Marks shall inure directly to the benefit of Agency. Lyft's use of Agency Marks must conform to Agency's 01007 00011685718 3
Lyft TBS General Services Agreement lhybnd- draft)
Last Updated June 2020
3 OocuSign Envelope ID: 8ABB01CA-6CEB-4133-827F-CE2F7F03FSBO

CONFIDENTIAL
usage guidelines and instructions as Agency may provide or update from time to time (and in no event shall the color, style, appearance, or relative dimensions of the Agency Marks be altered or changed in any way). 7, Confidential Information.
a. Either Party (the "Disclosing Party") may disclose or make available to the other Party (the "Receiving Party"), whether orally or in physical form, confidential or proprietary information concerning the Disclosing Party and/or its business, products, services, marketing, promotional or technical information in connection with this Agreement (collectively, the "Confidential Information"). For purposes hereof, Confidential Information will not include information: (a) which was previously known to Receiving Party without an obligation of confidentiality; (b) which was acquired by Receiving Party from a third party which was not, to the Receiving Party's knowledge, under an obligation to not disclose such information; (c) which is or becomes publicly available through no fault of Receiving Party; (d) which Disclosing Party gave written permission to Receiving Party for disclosure, but only with respect to such permitted disclosure; or (e) independently developed without use of the other party's Confidential Information.
b. Requirements. Except as otherwise required by applicable law, each Receiving Party agrees that (a) it will use the Confidential Information of the Disclosing Party solely for the purpose of this Agreement and (b) it will not disclose the Confidential Information of the Disclosing Party to any third party other than the Receiving Party's employees or agents on a need-to-know basis who are bound by obligations of nondisclosure and limited use at least as strict as those contained herein. The Receiving Party will protect the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information and materials of like kind, but in no event less than a reasonable standard of care. The Receiving Party is responsible for any breach of the confidentiality provisions of this Agreement by its employees or agents. In the event the Receiving Party receives a subpoena or other validly issued administrative or judicial process demanding the Confidential Information or is otherwise required by law to disclose Confidential Information, the Receiving Party wi II give the Disclosing Party prompt written notice of such request prior to disclosure and shal I make di I igent efforts to limit disclosure pursuant to any available bases under applicable law. Receiving Party agrees to cooperate fully with the Disclosing Party and to provide the Disclosing Party with the opportunity to review any response to discovery requests by Receiving Party. If the Receiving Party determines that it must disclose such information, then the Receiving Party will provide Disclosing Party a minimum of ten (10) business days prior to the proposed disclosure, so that the Disclosing Party may assert any defenses to disclosure that may be available. If Receiving Party is required to release Disclosing Party's Confidential Information, it nevertheless shall use any available authorities to redact personal or business confidential information from such records to the extent consistent with applicable law and the final judgment. Upon request by the Disclosing Party, the Receiving Party will return all copies of any Confidential Information to the Disclosing Party, if permitted by law or if returning such copies is not commercially infeasible for Receiving Party. Confidential Information disclosed by the Disclosing Party to the Receiving Party will at all times remain the property of the Disclosing Party. No license under any trade secrets, copyrights, or other rights is granted under this Agreement or by any disclosure of Confidential Information under this Agreement. Notwithstanding anything contained herein to the contrary, the parties acknowledge the Rider personally identifiable information ("Rider Pll") will be redacted from any disclosure request in accordance with Lyft's Privacy Policy and applicable privacy laws.
c. Exception. Notwithstanding any other provision of this Section 7, the Parties acknowledge and agree that Agency is subject to the California Public Records Act (Cal. Gov't Code §6250 et seq.), and as such is required by law to produce non-exempt public records in its possession, custody or control pursuant to a request for such records submitted to Agency under said Act. Accordingly, the Parties agree that any Confidential Information provided to Agency pursuant to this Agreement that constitutes a public record may be disclosed by Agency to the extent required by law (as determined by Agency in its sole discretion) without liability under this Agreement, and that such disclosures shall not be subject to subsection (b) of this Section; provided, however, that Agency will notify Lyft if Agency is required to produce non-exempt public records related to this Agreement promptly prior to disclosure, and provided further that Agency makes diligent efforts to limit disclosure pursuant to any available basis set forth in the California Public Records Act or other applicable law. If Agency determines that it must disclose such information, then the Agency will provide Lyft ten ( I 0) business days prior to the proposed disclosure such that Lyft may seek court intervention concerning the potential disclosure of Lyft's Confidential Information. If Agency is required to release Lyft's Confidential Information, it nevertheless shall use any available authorities to redact personal 0!007 00011685718 3
Lyfl TBS General Services Agreement [hybrid- draft)
Last Updated June 2020
4 DocuSign Envelope ID: 8ABB01CA-6CEB-4133-827F-CE2F7F03F5B0

CONFIDENTIAL
or business Confidential Information from such records to the extent consistent with applicable law and the final judgment.

8. No Publicity. Except as may be expressly set forth on the Partnership Program Form, neither Party may issue a press release, post information online (including web sites, social media channels or biogs) or otherwise refer to the other Party in any manner with respect to this Agreement, the Partnership Program or otherwise, without the prior written consent of the other Party.

9. Representations and Warranties; Disclaimer.
a. Each Party hereby represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) it is duly organized, validly existing and in good s1anding under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term will not enter into, any agreement that would prevent it from complying with this Agreement; (d) it will comply with all applicable laws and regulations in connection with its performance of this Agreement; (e) the content, media and other materials used or provided as part of the Partnership Program shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party. Additionally, Agency represents and warrants that it will not use the Lyft Platform or Service in any manner that violates applicable regulations, policies, or guidance, published by the FTA (Federal Transit Administration} at https:/lwww.transit.dot.gov/shared-mobility or https://www.transit.dot.gov/. Prior to any Rides taken under this Agreement, Agency represents and warrants that Agency will notify its Riders that such Riders' personal information may be subject to Agency's compliance with applicable public disclosure laws and subsequently be made public following requests for such information. For clarity, Lyfl redacts Riders' personal information in connection with applicable public disclosure laws. b. The Parties acknowledge and agree that the Services provided pursuant to this Agreement do not constitute "designated public transportation" for purposes of 49 C.F.R. §37.21. Additionally, the Parties acknowledge and agree that Lyft is not performing transportation services for the general public under this Agreement, and therefore this Agreement shall not be subject to 49 C.F.R. §37.23. c. EXCEPT AS SET FORTH HEREfN, EACH PARTY MAKES NO

REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDfNG JTS SERVICES OR PRODUCTS OR ANY PORTION THEREOF, fNCLUDfNG ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARJSfNG FROM COURSE OF DEALfNG OR COURSE OF PERFORMANCE.

SPECIFICALLY, EXCEPT AS OTHERWISE SET FORTH fN THIS AGREEMENT, LYFT MAKES NO WARRANTIES CONCERNfNG THE LYFT APP, LYFT PLATFORM, OR THE SERVICES AND LYFT PROVIDES THE SERVICES ''AS IS" AND WITHOUT WARRANTY. L YFT DOES NOT W ARRANT THA TT HE

SERVICES WILL MEET AGENCY'S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNfNTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, L YFT SPECIFICALLY DISCLA(MS ALL WARRANTIES fN RESPECT TO THE SERVlCES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, fNCLUDTNG WJTHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRfNGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALfNG, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN THE EVENT THAT A LYFT PASS BENEFIT JS NONFUNCTIONAL, AGENCY'S SOLE

REMEDY, AND LYFT'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCHLYFT PASS BENEFIT.

10. Ownership and Feedback. Lyft and its affiliates are and shall remain the owners of all right, title and interest in and to the Services, including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to Agency or any Rider in connection with this Agreement.

Agency acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Feedback") provided by Agency to Lyft are optional, anonymized, and non-confidential and shall become the sole property of Lyft. Lyft grants Agency a nonexclusive, nontransferable limited license to retain, use or disclose such information only as necessary to comply with applicable law. Subject to the foregoing, Lyfl shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and 010070001/685718 3
Lyft TBS General Services Agreement [hybrid- draft]
Last Updated June 2020
5 OocuSign Envelope ID: 8ABB01CA-6CEB-4133-827F-CE2F7F03F5B0

CONFIDENTIAL
dissemination of this Feedback for any purpose, commercial or otheiwise, without acknowledgment or compensation to Agency or any Rider.

I I. Indemnification.
a. Indemnification by Agency. If pennissible under applicable state law, Agency agrees to defend, indemnify and hold harmless Lyft and its directors, officers, employees and agents from and against any and all third party claims, actions, proceedings, judgments, , damages, losses, errors, omissions, penalties, forfeitures, costs, expenses and fees (including reasonable and documented attorneys' fees) arising out of or related to (i) Agency's breach of this Agreement; (ii) Agency's violation of any of its representations and/or warranties in Section 9(a); (iii) any allegation that Lyft's use of Agency's Marks or intellectual property as permitted herein infringes or misappropriates the intellectual property rights of a third party, including without limi1ation patent, copyright. trademark or other proprietary or intellectual property rights of such third party; and (iv) Agency's violation of any applicable law or regulation in connection with the performance of this Agreement. In the event Agency is precluded. by law or regulation, from indemnifying Lyft for any third party claims resulting from Agency's actions in this Section 1 l( a)(ii), Lyft may suspend the Services in accordance with Section 16(e) below. In the event Lyft is subject to third party claims resulting from Agency's violation of privacy laws, including the notices and consents requirements in Section 5 of this Agreement, Lyft may terminate this Agreement upon ten (10) days prior written notice. b. Indemnification by Lyfl. Lyft agrees to defend, indemnify and hold hannless Agency, its elected and appointed officers, employees and agents from and against any and all claims, actions, proceedings, judgments, damages, losses, errors, omissions, penalties, forfeitures, costs, expenses, and fees (including reasonable attorney's fees) with respect to any third party claim arising out of or related to: (i) Lyft's breach of this Agreement; (ii) Lyft's violation of any of its representations and/or warranties in Section 9(a); (iii) any allegation that Agency's use of Lyft's Marks or intellectual property as permitted herein infringes or misappropriates the intellectual property rights of a third party, including without limitation patent, copyright, trademark or other proprietary or intellectual property rights of such third party; and (iv) Lyft's violation of applicable law or regulation in connection with the perfonnance of this Agreement.
c. Indemnification Procedure. A Party's obligation to indemnify the other under this Section is subject to the indemnified party notifying the indemnifying party promptly in writing of any claim as to which indemnification will be sought and providing the indemnifying party reasonable cooperation in the defense and settlement thereof. In each case, the indemnifying party will have the exclusive right to defend any such claim and the indemnifying party may not settle or compromise any such claim without the prior written consent of the indemnified party. An indemnified party may, at its sole cost and expense, participate in the defense of a claim with counsel of its own choosing.

12. LIMITS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR £N NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CLAIM FOR ANY rNDIRECT, PUNITIVE,

INCIDENT AL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF GOODWILL, FOR LOSS OF BUSrNESS PROFITS, OR DAMAGES FOR LOSS OF BUSrNESS, OR LOSS OR rNACCURACY OF DATA OF ANY KIND, OR OTHER rNDIRECT ECONOMIC DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT (rNCLUDrNG STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH

PARTY HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE OTHER FOR ANY CLAIM(S) AR1S£NG FROM OR RELATrNG TO THE AGREEMENT, SHALL BE LIMITED TO DIRECT PROV ABLE DAMAGES AND SHALL NOT EXCEED, £N ANY EVENT, TWO HUNDRED THOUSAND FIFTY DOLLARS ($250,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO OUTSTANDrNG AMOUNTS OWED BY AGENCY FOR FEES rNCURRED BY RIDERS, AND SHALL NOT

LIMIT THE SCOPE OF L YFT'S COMMERCIAL AUTOMOBILE LIABILITY POLICY OR THE OTHER rNSURANCE COVERAGES PROVIDED BY L YFT PURSUANT TO THIS AGREEMENT.

13. Insurance. During the term of this Agreement, Lyft shall maintain in force during the term, at Lyft's own expense, at minimum the following insurance coverages:
01007 0001/685718 3
Lyft TBS General Services Agreement [hybrid- draft]
Last Updated June 1020
6 OocuSign Envelope ID: 8ABB01 CA-6CEB-4133-827F-CE2F7F03F5B0

CONFIDENTIAL
a. Workers' Compensation Insurance in accordance with state statutory laws, including Employers' Liability with minimum limits of$1,000,000 for each accident. b. Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence, $2,000,000 general aggregate .. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, product and completed operations, personal, bodily, property and advertising injury, and contractual liability.
c. Commercial Automobile Liability Insurance with limits of minimum $1,000,000 for each accident for third party bodily injury and property damage, including Uninsured/Underinsured motorist coverage with limits in accordance with local regulations. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. This policy shall not apply to rides originating in New York City where Drivers are professionally licensed and calT)' insurance in amounts mandated by the Taxi and Limousine Commission ("TLC").

14. General Insurance Requirements.

Commercial Automobile Liability Insurance shall include coverage for all vehicles operated by drivers used in the performance of this Agreement. All policies maintained shall be written as primary policies, and shall include the Agency, its elected and appointed officers, employees and agents as additional insureds via blanket endorsement (except with respect to Workers Compensation), and any insurance maintained by Agency or its officers, employees or agents shall apply in excess of, and not contribute with Lyft's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the Agency, 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. The fact that Lyft has obtained the insurance required hereunder shall in no manner lessen or otherwise affect such Lyft's other obligations or liabilities set forth in this Agreement.

Carson City CouncilMarch 18, 2025

Carson City Council
March 18, 2025