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RESOLUTION NO. 25-040
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON, CALIFORNIA,
ESTABLISHING THE SALARY AND BENEFITS
FOR UNCLASSIFIED MANAGEMENT EMPLOYEES
EFFECTIVE July 1, 2024, AND RESCINDING RESOLUTION NO. 23-152
ADOPTED April 1, 2025
RESOLUTION NO. 25-040
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RESOLUTION NO. 25-040
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RESOLUTION NO. 25-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, ESTABLISHING THE SALARY AND BENEFITS FOR
UNCLASSIFIED MANAGEMENT EMPLOYEES EFFECTIVE July 1 , 2024, AND RESCINDING RESOLUTION NO. 23-152
WHEREAS, Section 503 of the City’s Charter provides that the City Council shall determine, by ordinance or resolution, the amount and type of compensation to be paid to all City officers, department heads and employees.
WHEREAS, Section 2304 of the Carson Municipal Code similarly requires that the City Council fix the salaries and compensation of all officers and employees of the City by resolution.
WHEREAS, the California Public Employees Retirement System (“CalPERS”), through California Code of Regulations, Title 2, Division 1, Chapter 2, Subchapter 1, Article 4, Section 570.5, limits payrates to the amount listed on a pay schedule that meets certain requirements for purposes of determining the amount of “compensation earnable” pursuant to Government Code Sections 20630, 20636, and 20636.
WHEREAS, the City Council has historically adopted a resolution establishing the salary and benefits for unrepresented and unclassified management employees (hereinafter, “Unclassified Management Employees”) as distinguished from mid-management, classified, part-time and/or other City employees.
WHEREAS, the City Council adopted: (i) Resolution No. 14 -091 on November 18, 2014, establishing the salary and benefits for Unclassified Management Employees ; (ii) Resolution No. 15-124 on November 17, 2015, fixing the employer’s contribution under the Public Employees' Medical & Hospital Care Act (PEMHCA), effective January 1, 2016 ; (iii) Resolution No. 15-125 on November 17, 2015, establishing the City of Carson’s vesting contribution under section 22893.1 of PEMHCA, effective January 1, 2016; (iv) Resolution No. 16-095 on August 2, 2016, establishing the salary and benefits for Unclassified Management Employees; (v) Resolution No. 18 -170 on December 4, 2018, establishing the salary and benefits for Unclassified Management Employees ; and (vi) Resolution No. 19 -015 on January 8, 2019, establishing the salary and benefits for Unclassified Management Employees.
WHEREAS, on November 1, 2022, the City Council adopted Resolution No. 22-149, amending the salaries and benefits for Unclassified Management Employees . The resolution established the updated salary and benefit terms, inclusive of the adjustments increasing compensation as well as the pre-existing terms that were not adjusted. However, after adoption of the resolution, staff determined that certain non-substantive modifications to the language of the resolution were needed.
WHEREAS, on November 15, 2022, the City Council adopted Resolution No. 22 -235, amending and restating the salary and benefits for Unclassified Management Employees. Resolution No. 22 -235 made the necessary non-substantive modifications and included the adjusted salary tables as Appendices A-D attached thereto. Resolution No. 22-235 also stated that it rescinded all prior resolutions regarding the salary and benefits of Unclassified Management Employees, including but not limited to Resolution No.’s 14 -091, 16- 095, and 18-170, and that to the extent Resolution No. 22 -235 provided benefits in excess of or different from the benefits provided in Resolution No.’s 15-124 and 15-125, the provisions of RESOLUTION NO. 25-040
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Resolution No. 22-235 shall control. Resolution No. 22-235 was made effective as of November 1, 2022 , the date of the Council’s adoption of the underlying substantive changes via Resolution No. 22-149.
WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 23 -037. The intent of the City Council in adopting Resolution No. 23 -037, and of City staff in preparing the resolution for adoption, was simply to amend subsection 1.1 of Section 1 (Salary Range Adjustments of Unclassified Management Employees) of Article II (Compensation) of Section 3 of Resolution No. 22 -235 to add the following language: “Upon hiring or promotion, Unclassified Management Employees may be assigned to any range step within the established salary range for the first 12 months of employment. Section 6, Salary Advancement shall apply to new hires and promotions.” However, due to discrepancies in Resolution No. 23-037 and in the City’s adoption thereof, such as not attaching the salary table appendices, the action actually taken did not clearly reflect the aforementioned intent . Additionally, Resolution No. 23 -037 provided, in Section 2, that it rescinded and superseded Resolution No. 22-235.
WHEREAS, on September 19, 2023, the City Council adopted Resolution No. 23-152 to clearly and comprehensively re -establish and restate the salary and benefits for the Unclassified Management Employees, including subsection 1.1 and the current salary tables, to clarify and correct the foregoing discrepancies, effective November 1, 2022.
WHEREAS, the City Council now desires to clearly and comprehensively re-establish and restate the salary and benefits for the Unclassified Management Employees, including the current salary tables, effective July 1, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct , and are incorporated herein by this reference.
Section 2. Resolution No. 23 -152 is hereby rescinded. In the event of any conflict between this Resolution and any prior City resolution relating to the subject matter hereof, this Resolution shall supersede and prevail over the prior resolution to the extent of the conflict. To the extent this Resolution provides benefits in excess of or different from the benefits provided in Resolution Nos. 15 -124 and 15- 125, the provisions of this Resolution shall control.
Section 3. The City Council hereby approves and adopts the following restated salaries, benefits, and other terms and conditions for the Unclassified Management Employees:
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ARTICLE I
DEFINITION OF TERMS
The following terms shall have the meanings set forth in this Article as applied in this Resolution.
SECTION 1 - ACTING DUTY:
The performance of the duties by an employee of a classification with a higher pay range than the employee's usual classification. This assignment is on a temporary basis.
SECTION 2 - CLASSIFICATION:
A position or positions sufficiently similar in respect to authority, duties and responsibilities such that the same descriptive title is assigned.
SECTION 3 - DAY:
A calendar day, unless otherwise designated.
SECTION 4 - UNCLASSIFIED MANAGEMENT EMPLOYEE:
An individual compensated through the City payroll and appointed to one of the following classifications:
Assistant City Manager
City Manager
Deputy City Manager
Director of Community Development
Director of Community Services/Parks and Recreation
Director of Finance
Director of Human Resources
Director of Information Technology and Security
Director of Public Works
Director of Public Safety and Emergency Management
Energy and Sustainability Officer
SECTION 5 - LEAVE:
An authorized leave of absence from work.
SECTION 6 - POSITION:
The authority, duties, and responsibilities assigned to an employee within a classification.
SECTION 7 - PREVAILING PAY RATE:
The basic pay rate within a pay range paid to an employee for the performance of the duties and RESOLUTION NO. 25-040
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responsibilities of the classification.
SECTION 8 - EMPLOYEE:
An individual performing the duties and responsibilities of the job titles listed in Section 4 of this Article.
SECTION 9 - WORKDAY:
A workday is any 24-hour period within a seven consecutive day (168-hour) workweek.
SECTION 10 - WORKWEEK:
A workweek is a fixed and regularly recurring period of 168 hours - seven consecutive 24 -hour periods (workdays) - which begins at 12:0 0 a.m. (00:00 military time) on Saturday and ends at 1 1:59 p.m. (23:59 military time) on the following Friday.
SECTION 11 - WORK SCHEDULE:
A work schedule is a 40-hour per week schedule consisting of either an:
11.1 Eight (8) hours in a workday for five (5) consecutive workdays within a workweek; or
11.2 Ten (10) hours in a workday for four (4) consecutive workdays within a workweek.
ARTICLE II
COMPENSATION
SECTION 1 - SALARY RANGE ADJUSTMENTS OF UNCLASSIFIED MANAGEMENT EMPLOYEES:
1.1 Directors’ pay ranges shall be assigned and maintained at a range that is at least 10 % higher than the range steps assigned to their highest paid subordinate or manager. The Deputy City Manager pay range shall be assigned and maintained at a range that is at least 5% higher than the range steps assigned to Directors. The Assistant City Manager pay range shall be assigned and maintained at a range that is at least 5% higher than the range steps assigned to Deputy City Manager. Upon hiring or promotion, Unclassified Management Employees may be assigned to any range step within the established salary range for the first 12 months of employment. Section 6, Salary Advancement shall apply to new hires and promotions. The City Manager shall update this resolution for City Council’s consideration any time a salary compaction is created.
1.2 The pay ranges for the Unclassified Management Employees are reflected in the attached Salary Tables with corresponding effective dates:
Appendix A: July 1, 2024 – June 30, 2025 (10% separation from highest paid subordinate/manager) Appendix B: July 1, 2025 - June 30, 2026 (10% separation from highest paid subordinate/manager) Appendix C: July 1, 2026 - June 30, 2027 (10% separation from highest paid subordinate/manager) RESOLUTION NO. 25-040
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SECTION 2 - LONGEVITY PAY:
2.1 The City agrees to pay Unclassified Management Employees two and one-half percent (2.5%) of their prevailing pay rate as longevity pay , commencing on the anniversary of attaining ten (10) years of service credit with the City.
2.2 In addition to the longevity pay in Section 2.1 above, t he City agrees to pay Unclassified Management Employees an additional two and one-half percent (2.5%) of their prevailing pay rate as longevity pay, commencing on the anniversary of attaining fifteen (15) years of service credit with the City.
2.3 In addition to the longevity pay in Sections 2.1 and 2.2 above, t he City agrees to pay Unclassified Management Employees an additional two and one-half percent (2.5%) of their prevailing pay rate as longevity pay, commencing on the anniversary of attaining twenty five (25) years of service credit with the City.
SECTION 3 - CITY MANAGER PROVISIONS:
The City Manager shall receive the benefits provided in this Resolution that are expressly authorized in the City Manager’s employment contract. If any provision of this Resolution related to benefits is inconsistent or in conflict with the City Manager’s employment contract, the provisions of the City Manager’s employment contract shall prevail.
SECTION 4 - ACTING DUTY PAY:
4.1 The City Manager, or his/her designee, may appoint an employee to acting duty status to perform the duties of a higher classification that is vacant, either temporarily, permanently, or newly created, subject to this Section 4.
4.2 An employee may serve in acting duty status only until such time as the City Manager, or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee returns to work. Only employees in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty status.
4.3 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 at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities.
4.4 An employee appointed to acting duty status shall be paid a rate not less than the minimum pay range for the acting classification. Acting duty pay shall be at least 10% more than the employee’s prevailing pay rate.
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4.5 An employee appointed to acting duty status shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. If this provision conflicts with Section 4.4 above, then Section 4.4 above shall prevail.
4.6 While serving in acting duty status an employee shall continue to receive any pay adjustments, advancements and fringe benefit increases granted to the employee's regular classification. These adjustments or advancements may cause an employee’s acting dut y pay rate to increase correspondingly, if still under the maximum acting pay rate noted in Section 4.5 above.
4.7 An employee appointed to acting duty status shall receive acting duty pay immediately upon assuming the acting duty position, provided the assignment is for at least one scheduled work week (40 consecutive work hours).
4.8 An employee may be removed from any acting duty assignment for any reason, as determined by the City Manager, or his/her designee.
4.9 An employee may be appointed to an acting duty assignment while serving in their initial probationary period in the City service, at the discretion of the City Manager, or his/her designee.
4.10 Non-exempt Employees that are appointed to acting duty in positions that are FLSA exempt from overtime, shall be deemed exempt for the period of service provided in the acting duty status on a full week by full week appointment basis and will not receive o vertime compensation during that limited period.
4.11 An employee in an acting duty appointment for ninety (90) days or longer, shall receive leave and holiday pay at the acting rate for all such subsequent leaves and holidays that fall after the ninetieth (90
th) day, provided that the position is not backfilled with another acting appointment.
4.12 When an employee is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated workload in that unit will be sufficient to warrant this ac tion. The City Manager shall approve any such decision.
4.13 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Director of Human Resources and Risk Management prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion.
SECTION 5 - PROFESSIONAL DEVELOPMENT PAY:
Unclassified Management Employees shall be provided, within the first quarter of each fiscal year, the sum of nine hundred dollars ($ 900.00) for reimbursement in anticipation of expenditures for professional development. Such expenditures may include: costs incurred for job -related classes or seminars not paid for by the City; computer equipment and job -related software; books, reference publications or other educational materials; membership or association fees; or any other expenses which promote the professional development of the Unclassified Management Employee and promote the best interests of the City.
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SECTION 6 - SALARY ADVANCEMENT:
6.1 Advancement shall mean a pay rate increase given to an Unclassified Management Employee contingent upon merit and performance, within the pay range established for the Unclassified Management Employee's classification. An Unclassified Management Employee’s pay rate increase shall be effective the first day of the payroll period closest to the date the Unclassified Management Employee is granted the advancement.
6.2 In addition to those conditions provided for in standard management procedures, Unclassified Management Employees shall be eligible for advancement when the Unclassified Management Employee's length of satisfactory service in their classification satisfies at a minimum the following requirements:
Monthly Monthly Monthly Monthly Monthly Monthly Rate Rate Rate Rate Rate Rate
Step A Step B Step C Step D Step E Step F
Date of 6 mos. 12 mos. After at After at After at appoint- after after least 12 least 12 least 12 ment appt. appt. months in months in months in
Step C Step D Step E
6.3 The City Manager has the sole discretion to authorize salary advancements of Unclassified Management Employees.
SECTION 7 - AUTO ALLOWANCE:
The City shall provide an allowance to the Assistant City Manager , Deputy City Manager, and Directors for use of their personal automobiles for official City business at the rate of five hundred dollars ($500.00) per month.
SECTION 8 - ALLOWANCE FOR MILEAGE:
8.1 The City shall reimburse Unclassified Management Employees for use of their personal automobile for official City business at the current IRS rate as adjusted from time to time, plus any parking fees or tolls associated with City business.
8.2 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.
8.3 Reimbursement requests must be filed within the time frame required by SMP No. 3.18 or any SMP which may be subsequently adopted.
SECTION 9 - REDEMPTION OF ACCUMULATED LEAVE:
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9.1 Unclassified Management Employees may redeem any accumulated leave including vacation, administrative Leave and Sick Leave each year of this resolution up to the hours indicated in 9.2, 9.3,
9.4, and 9.5 of this Section. Sick leave shall be redeemed at a rate of one (1) hour of pay for each two (2) hours of sick leave redeemed. All other types of leave shall be redeemed at a rate of one (1) hour of pay for each one (1) hour of leave redeemed.
9.2 The City Manager may redeem up to a combined total of one hundred (100) hours of any accumulated leave in each fiscal year as described in 9.1 above.
9.3 The Assistant City Manager and Deputy City Manager may redeem up to a combined total of ninety (90) hours of any accumulated leave in each fiscal year as described in 9.1 above.
9.4 The Directors may redeem up to a combined total of four hundred (400) hours of any accumulated leave in each fiscal year as described in 9.1 above.
9.5 The City shall cash out any accumulated leave to the employees that are in excess of maximums set for Vacation, Administrative Leave, and Sick Leave every pay period.
SECTION 10 - PAYDAY AND PAYCHECK DISTRIBUTION:
10.1 Payday shall be bi-weekly on Thursday.
10.2 Paychecks shall be dated and distributed bi-weekly on the Thursday payday.
10.3 If any pay date falls on a holiday, the pay date shall be the preceding Wednesday.
SECTION 11 - OVERPAYMENT REMEDY:
Unclassified Management Employees covered herein are required to reimburse the City for any overpayment of wages or benefits. Unclassified Management Employees shall notify the City within the next available working day of any such overpayment. Reimburse ment may be accomplished by lump- sum deduction made on the next subsequent employee payroll warrant following overpayment notification, or by other reasonable repayment method acceptable to the Unclassified Management Employee and the City.
ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
SECTION 1 - HEALTH INSURANCE PREMIUM:
1.1 Effective January 1, 2023, the City will pay the full family HMO premium from Kaiser Permanente of the Los Angeles Region (including Orange, Riverside and San Bernardino counties) for each management employee and eligible dependents.
1.2 The cafeteria cap on the use of excess monies shall be two hundred dollars ($200.00) per month, regardless of the number of dependents.
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1.3 Unclassified Management Employees 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 Uncla ssified Management Employee. (Unclassified Management Employees 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 Unclassified Management Employees.) Unclassified Management Employees 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.
1.4 Unclassified Management employees shall have the right to use monies remaining from the monthly sum originally provided for health insurance to purchase additional term life insurance, vision care and/or long-term care insurance offered by the City.
1.5 Eligible retired Unclassified Management Employees shall be covered by the health insurance provided by the City according to the rules established by CalPERS. For eligible retired Unclassified Management Employees hired prior to January 1, 2014, the City shall pay the monthly health insurance premium in the same monthly amount as provided for active full- time Unclassified Management Employees. For retired Unclassified Management Employees hired on or after January 1, 2014, the City shall pay a monthl y health insurance premium in accordance with the following schedule:
% of difference between the
required minimum contribution
Full-Time service with Carson and the amount the City pays at time of retirement for active employees
0 – 4.99 years 0%
5 years 50%
6 years 60%
7 years 70%
8 years 80%
9 years 90%
10 years 100%
SECTION 2 - DENTAL INSURANCE PREMIUM:
2.1 The City shall pay up to, but not to exceed the amount of eighty -seven dollars ($87.00) per month for dental insurance premium provided by the City for each Unclassified Management Employee and his/her eligible dependents.
2.2 Unclassified Management Employees may elect to discontinue or not enroll for dental insurance provided that they submit written proof of equivalent coverage. Unclassified Management Employees electing to discontinue or not enroll for dental insurance shall receive seventy -five percent (75%), or sixty five dollars and twenty-five cents ($65.25), to be placed into a City-sponsored RESOLUTION NO. 25-040
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deferred compensation plan credited to the Unclassified Management employee.
SECTION 3 - LIFE INSURANCE PREMIUM:
3.1 The City shall provide the City Manager with term life insurance coverage in accordance with the Employment Agreement between the City and the City Manager, subject to any age reduction schedules mandated by the insurance company.
3.2 The City shall provide the Assistant City Manager, Deputy City Manager, and Directors with term life insurance coverage of not less than four hundred thousand dollars ($400,000.00) after an evidence of insurability (EOI) form is submitted and approved by the City’s life insurance carrier; if the EOI form is not submitted, $ 200,000.00 is the maximum coverage and is subject to any age reduction schedules mandated by the insurance company.
3.3 Unclassified Management Employees shall have the right to purchase additional (supplemental) term life insurance through the City-sponsored programs using monies remaining from the monthly sum originally provided by the City for the employee’s health insurance, or, if none, by paying the additional premiums themselves through payroll deduction. The maximum additional (supplemental) term life insurance an Unclassified Management Employee may purchase is up to the basic minimums listed above for each classification, provided the EOI form is submitted and approved by the City’s life insurance carrier. Otherwise, the maximum additional term life insurance (supplemental insurance) an Unclassified Management Employee may purchase is $200,000.00.
SECTION 4 - SHORT TERM AND LONG TERM DISABILITY INSURANCE PROGRAM:
4.1 The City shall provide long term disability insurance (or “LTD”) benefits for the Unclassified Management Employees under the terms, requirements and conditions set forth in the policy underwritten by a licensed insurance company contracted by the City. The City reserves the right to change the LTD carrier and/or LTD benefits provided on such terms as the City determines are in its best interest.
4.2 The City shall provide short term disability insurance (or “STD”) benefits for the Unclassified Management Employees solely in order to provide the benefit during the 90-day LTD benefit waiting period. The City shall provide an STD plan for the Unclass ified Management Employees under the terms, requirements and conditions compatible with the LTD benefit plan. Nothing herein shall bind the City to provide STD insurance coverage if the City chooses to implement a self- insured STD program.
4.3 After a maximum of a 90-day waiting period:
a. An Unclassified Management Employee 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 sixty - six and two-thirds percent (66⅔%) of his or her prevailing pay rate, up to a maximum pay rate of seven thousand five hundred dollars ($7,500.00) per month at the commencement of disability leave, up to age sixty-five (65); and
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b. An Unclassified Management Employee 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 sixty-six and two-thirds percent (66⅔%) of his or her prevailing pay rate, up to a maximum pay rate of seven thousand five hundred dollars ($7,500.00) per month at the commencement of disability leave , for twenty -four (24) months. An Unclassified Management Employee who has been employed with the City for fewer than five (5) years and who is disabled from all occupations shall be entitled to sixty-six and two-thirds percent (66⅔%) of his/her prevailing pay rate, up to a maximum pay rate of seven thousand five hundred dollars ($7,500.00) per month at the commencement of disability leave, up to age sixty-five (65).
c. There shall be no reduction of LTD or STD benefits for a workers’ compensation award for permanent disability. In no case shall an employee on workers’ compensation receive short- term or long -term disability benefits and workers’ compensation salary co ntinuation or temporary disability simultaneously.
d. 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.
e. The only allowable offsets are those listed in the LTD and STD policies.
4.4 The provision of the LTD Plan and the STD Plan is conditioned upon the following:
a. The continued availability of insurance coverage for LTD and/or STD at a comparable cost as set forth 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 existing carrier or other insurance carrier. b. Eligibility for and administration of benefits under the STD Plan and the LTD Plan and including the determination whether an Unclassified Management employee is disabled from his or her own occupation, shall be determined by the existing carrier, not by the City.
4.5 The City is required to provide LTD benefits only through a licensed insurance provider. The City reserves the right to change the LTD carrier and/or LTD benefits provided, on such terms as the City determines are in its best interests.
4.6 For injuries and other disabilities covered under California workers’ compensation laws, Unclassified Management Employees 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 Unclassified Management Employee returns to work, or a refusal by the Unclassified Management Employee to return to work following a determination by a physician that the Unclassified Management Employee is no longer temporarily disabled, whichever comes first. In the event of a dispute between the treating physician and another physician as to the Unclassified Management Employee’s temporary disability status, such dispute shall be resolved in accordance with applicable California Workers’ Compensation laws. If an Unclassified Management Employee is approv ed for workers’ RESOLUTION NO. 25-040
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compensation leave, the Unclassified Management Employee shall not be eligible for STD or LTD benefits during the period of such workers’ compensation leave. LTD eligibility for Unclassified Management Employees who are still disabled after seventeen (17) weeks shall be determined by the terms of the LTD insurance plan.
4.7 While on long term disability, Unclassified Management Employees may use sick leave, annual leave, administrative leave, or floating holiday to bring them to 100% of their prevailing pay rate in conjunction with the disability benefit. The use of accrued leave shall be in the order specified herein.
SECTION 5 - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS):
5.1 For those Unclassified Management Employees hired before the effective date of the CalPERS contract amendment (May, 6, 2011) providing for a tiered retirement benefit, the City shall continue to include those Unclassified Management Employees in the Ca lPERS “3% at 60” Plan with the following optional public agency contract provisions:
a. The optional contract provision 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 participate in the part time service credit purchase program, but solely at their own cost;
f. The optional contract provision relating to the Pre-Retirement Option 2W Death Benefit.
5.2 For those Unclassified Management Employees hired on or after the effective date of the CalPERS contract amendment (May 6, 2011) providing for a tiered retirement benefit, and as defined by CalPERS under the Public Employees’ Pension Reform Act of 2013 (PEPRA) as “Classic Members”, the City shall include those Unclassified Management Employees in the CalPERS “2% at 55” Plan with the following optional public agency contract provisions:
a. The optional contract provision 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 participate in the part time service credit purchase program, but solely at their own cost;
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f. The optional contract provision relating to the Pre-Retirement Option 2W Death Benefit.
5.3 Unclassified Management Employees shall pay the full percentage of the member contributions on a pre-tax basis.
5.4 Unclassified Management Employees hired on or after January 1, 2013, defined by CalPERS under the Public Employees’ Pension Reform Act of 2013 (PEPRA) as “New Members,” the City shall include those Unclassified Management Employees 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.
5.5 “New Members” shall pay the full percentage of the member contributions on a pre-tax basis.
SECTION 6 - DEFERRED COMPENSATION PROGRAMS:
6.1 The City shall sponsor voluntary deferred compensation programs, including 457b and 401a.
6.2 The City agrees to match the amount, dollar for dollar, up to eleven thousand, five hundred dollars ($11,500.00) per calendar year, contributed to the City Manager’s deferred compensation plan (s); 457b and/or 401a.
6.3 The City agrees to match the amount, dollar for dollar, up to eleven thousand, five hundred dollars ($11,500.00) per calendar year, contributed to the Assistant City Manager’s, Deputy City Manager’s, Directors’, and the Officers’ deferred compensation plan(s); 457b and/or 401a.
SECTION 7 - VISION CARE PLAN:
The City shall sponsor a vision care program for Unclassified Management Employees and their eligible dependents as described in detail by the vision plan document. Unclassified Management Employees shall pay the premium for the vision care plan and increases in the premium for the duration of this resolution.
Unclassified Management Employees may use monies remaining from the monthly sum originally provided by the City for health insurance to pay the premium for Vision Care.
ARTICLE IV
LEAVES
SECTION 1 - JURY DUTY/COURT SUMMONS/SUBPOENA:
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Unclassified Management Employees summoned to a court to provide testimony on behalf of the City or as directed by the City Manager, shall not lose any pay or be required to use any paid leave during such court service. Paid leave for jury service shall be limited to ten (10) working days in any one calendar year.
SECTION 2 - VACATION LEAVE:
The City shall provide Unclassified Management Employees with vacation leave subject to the following conditions:
2.1 Unclassified Management Employees shall be credited with vacation leave at the following rates:
i. Ten (10) hours for each month of service or major portion thereof from the date of appointment;
ii. Thirteen and thirty -three hundredths (13.33) hours for each month of service or major portion thereof upon commencement of the Unclassified Management Employee's eleventh year of service;
iii. Upon the twentieth anniversary date, Unclassified Management Employees will be credited with ten (10) hours of vacation leave, in addition to the credit under Section 2.1.ii;
iv. Upon the twenty -first anniversary date, Unclassified Management Employees will be credited with ten (10) hours of vacation leave, in addition to the credit under Sections 2.1.ii and 2.1.iii;
v. Upon the twenty -second anniversary date, Unclassified Management Employees will be credited with ten (10) hours of vacation leave, in addition to the credit under Sections 2.1.ii.,
2.1.iii., and 2.1.iv;
vi. Upon the twenty-third anniversary date, and each anniversary date thereafter, Unclassified Management Employees will be credited with ten (10) hours of vacation leave, in addition to the credit under Sections 2.1.ii, 2.1.iii., 2.1.iv., and 2.1.v.
2.2 Unclassified Management Employees shall not be credited with vacation leave during leaves of absence without pay exceeding eighty (80) working hours in any calendar month.
2.3 Unclassified Management Employees may use vacation leave only after completing their initial six (6) months of service. Unclassified Management Employees shall not use less than one (1) hour of vacation leave at any one time.
2.4 Unclassified Management employees shall not accrue more than a total of eight hundred ( 800) hours of vacation leave, after which accruals shall cease until total accrued vacation leave drops below the 800 hour accrual cap.
SECTION 3 - SICK LEAVE:
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The City shall provide Unclassified Management Employees with sick leave as follows:
3.1 Unclassified Management Employees 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.
3.2 Unclassified Management Employees may accrue a maximum of one thousand forty (1,040) hours of sick leave hours. Unclassified Management Employees may use accrued sick leave only after completing their initial month of service.
3.3 Unclassified Management Employees may not use sick leave at their discretion, but only in cases of actual personal sickness, or the sickness of the Unclassified Management Employee’s immediate family member. Sick leave shall be used for medical and dental appointments and pregnancy.
3.4 When an Unclassified Management Employee uses sick leave, the Unclassified Management Employee will complete and submit a signed leave request form stating the need for such sick leave, including partial day absences. When an Unclassified Management E mployee uses sick leave in excess of three (3) consecutive working days, the City may require an Unclassified Management Employee to present, upon return to work, a medical certification signed by a physician or licensed medical practitioner verifying the need for such sick leave.
3.5 When an Unclassified Management Employee wishes to use accrued sick leave, the Unclassified Management Employee shall notify the City Manager and/or the Assistant City Manager either before or within one (1) hour after the time set for beginning the wo rk period of the intended absence due to sickness, unless the Unclassified Management Employee is incapacitated and physically unable to provide the required notification. Unclassified Management Employees on sick leave shall regularly inform the City Man ager and/or the Assistant City Manager of their physical condition.
3.6 When an Unclassified Management Employee separates from the City service for whatever reason the Unclassified Management Employee shall be compensated for one -half (1/2) the value of accrued sick leave. The value of accrued sick leave shall be calculated using such Unclassified Management Employee's prevailing pay rate on the date of the employee's separation from City service.
3.7 The City shall provide Unclassified Management Employees with thirty (30) days of sick leave at the time of hire. Sick leave advanced to Unclassified Management Employees under this section shall be considered to be loaned to the Unclassified Manageme nt Employee and the Unclassified Management Employee shall not accrue additional sick leave for a thirty (30) month period.
SECTION 4 – PAID PARENTAL LEAVE:
The City shall provide Unclassified Management Employees Parental Leave at one hundred percent (100%) of salary, for the birth, adoption of foster placement of a child, regardless of gender, marital status or sexual orientation of the parent. Paid Leave may be taken at any time during the twelve-month period immediately following the birth, adoption or placement of a child with the employee.
4.1 Paid Parental Leave must be taken in the full workday increments, and within one year of the date RESOLUTION NO. 25-040
01007.0004/919199.1
of birth/placement of the child. This type of absence shall not be charged against the employee’s leave credits or accruals.
4.2 Paid Parental Leave shall be provided for up to one hundred sixty (160) hours (at the employee’s adjusted hourly rate of pay) taken inter mittently or consecutively, at the employee’s discretion , concurrently with FMLA/CFRA/PDL, as applicable, in the twelve-month period following the birth of a child, adoption of a child, or placement of a foster child in their home.
4.3 To be eligible for the Paid Paternal Leave, Unclassified Management Employees must:
a. Be permanent full-time employees eligible for City health benefits; AND b. Have completed six months of full-time City service; AND c. Be a parent of a newborn child; OR
d. Have adopted a child or who have had a foster child placed in their home (in either case, the child must be age 17 or younger).
SECTION 5 - HOLIDAY LEAVE:
The City shall provide Unclassified Management Employees with the following fourteen holidays with pay subject to the following conditions:
5.1 January 1 (New Years Day)
The third Monday in January (Martin Luther King Day)
January 30
th (Fred T. Korematsu Day)
The third Monday in February (President’s Day)
March 8 (International Women’s/Rosa Parks Day)
March 31st (Cesar Chavez Day)
The last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
The first Monday in September (Labor Day)
October 25 (Larry D. Itliong Day).
November 11th (Veteran’s Day)
The fourth Thursday in November (Thanksgiving Day)
December 25th (Christmas) and
Every day proclaimed by the President, Governor, or Mayor of this City as a public holiday.
5.2 When any day designated as a holiday falls on a Friday or Saturday, the ten (10) hours of holiday leave will be converted to annual leave and added to the Unclassified Management Employee’s annual leave balance. When any day designated as a holiday falls on a Sunday, the following Monday shall be observed as the holiday. In order to be paid for a holiday or receive the leave conversion, the Unclassified Management Employee must work his or her full regularly -scheduled workday immediately before and after the holiday unless the Unclassified Managem ent Employee is absent from any portion or all of his or her regularly -scheduled workday immediately before or after the holiday on authorized paid leave. An Unclassified Management Employee shall not receive pay for a holiday, or receive the leave conversion, if any leave without pay was used by the Unclassified Management Employee during his or her regularly-scheduled workday immediately before or after the holiday.
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5.3 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 Unclassified Management Employee must use such additional holiday leave when granted, and such leave cannot be accrued. Unclassified Management Employees absent on other paid leave when such additional holiday leave is granted shall not receive compensatory leave or additional pay because of their absence. An Unclassified Management Employee shall not receive holiday pay for this half-day holiday if any leave without pay was used by the Unclassified Management Employee during his or her regularly-scheduled workday immediately before or after the half-day holiday.
5.4 Three (3) f loating holiday s shall be provided to Unclassified Management Employees annually, subject to the following conditions:
i. The Unclassified Management Employee's immediate supervisor has the exclusive authority to approve floating holiday leave. Unless the Unclassified Management Employee's use of floating holiday leave interferes with departmental operations, the Unclassified Management Employee's immediate supervisor shall permit the Unclassified Management Employee to use floating holiday leave at the Unclassified Management Employee's discretion;
ii. Unclassified Management Employees shall not use less than one (1) hour of floating holiday leave at any one time;
iii. Unclassified Management Employees are encouraged to use floating holiday leave during the fiscal year. However, holiday leave shall be converted to vacation leave if not used by the end of the fiscal year;
iv. When an Unclassified Management Employee separates from the City service for any reason, the City shall compensate the Unclassified Management Employee for any floating holiday leave not taken for floating holidays occurring prior to their separation date;
v. New Unclassified Management Employees will be credited with floating holiday leave for floating holidays which occur subsequent to their date of hire.
SECTION 6 - ADMINISTRATIVE LEAVE:
The City shall provide Unclassified Management Employees with administrative leave as time off from work, instead of pay or compensatory leave credit for overtime work, subject to the following conditions:
6.1 Unclassified Management Employees shall accrue administrative leave hours for each month of service or major portion thereof as follows:
i. City Manager – 10 hours;
ii. Assistant City Manager – 10 hours;
iii. Deputy City Manager – 10 hours;
iv. Directors– 10 hours.
v. Energy and Sustainability Officer – 10 hours
6.2 Unclassified Management Employees shall not accrue more than the following number of hours of RESOLUTION NO. 25-040
01007.0004/919199.1
administrative leave:
i. City Manager – 180 hours;
ii. Assistant City Manager – 180 hours;
iii. Deputy City Manager – 180 hours;
iv. Directors– 180 hours.
v. Energy and Sustainability Officer – 180 hours
6.3 Unclassified Management Employees shall use administrative leave only upon written approval of the immediate supervisor.
6.4 When an Unclassified Management Employee separates from the City service for any reason, the City shall compensate the Unclassified Management Employee for any accrued administrative leave.
The value of accrued administrative leave shall be calculated using the Unclassified Management employee's prevailing pay rate on the date of the employee’s separation from City service.
SECTION 7 - WORKER COMPENSATION LEAVE:
The City shall provide Unclassified Management employees with workers’ compensation leave subject to the following conditions:
7.1 Except as otherwise provided, an Unclassified Management Employee substantially disabled by bodily injury or sickness in the course and scope of employment shall be paid his/her regular pay rate for up to seventeen (17) weeks from the date of disability , or until the City's workers’ compensation insurance carrier terminates temporary disability payments either by means of a lump sum settlement or a retirement with pension, whichever occurs first.
7.2 When an Unclassified Management Employee receives workers’ compensation payments, the City shall pay such Unclassified Management Employee only the difference between such workers’ compensation payments and such Unclassified Management Employee's regula r pay rate. During the time such Unclassified Management Employee is substantially disabled, such Unclassified Management Employee shall continue to accrue vacation leave, sick leave, personal leave, administrative leave, and seniority for purposes of pay adjustments or advancements.
SECTION 8 - MILITARY LEAVE:
The City shall grant military leave to Unclassified Management Employees as provided in California Military and Veterans Code Sections 389 through 395. An Unclassified Management Employee on ordered military leave shall be paid their regular pay rate in addition to their military pay.
SECTION 9 - LEAVE OF ABSENCE WITHOUT PAY:
The City Manager shall have the exclusive authority to approve an Unclassified Management Employee’s request for leave of absence from work without pay. Such leave of absence shall not be approved unless the Unclassified Management Employee provides the City Manager with a written reason for the request. If the City Manager approves such leave of absence for a period of ten (10) working days or less, the Unclassified Management Employee shall not lose any seniority for such leave of absence. After the RESOLUTION NO. 25-040
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expiration of an approved leave of absence without pay, Unclassified Management Employees shall be reassigned to their former classification.
In accordance with Federal and/or State leave laws and as hereby authorized by the City Council, the City Manager may grant an Unclassified Management Employee’s request for up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons under the Family and Medical Leave Act of 1993 (FMLA). The City Manager shall not grant an unpaid leave in excess of one (1) year for Unclassified Management Employees with five (5) years or less seniority or in excess of three (3 ) years for Unclassified Management Employees with more than ten (10) years seniority. An Unclassified Management Employee on an unpaid leave for 61 days or more shall not accrue seniority for that portion of the leave over sixty (60) days. After the expiration of the unpaid leave, the Unclassified Management Employee shall be assigned to his/her former classification. The Unclassified Management Employee requesting the leave shall state in writing the reasons for the request.
SECTION 10 - TIME OFF FOR VOTING:
The City shall provide Unclassified Management Employees with time off for voting subject to the following conditions:
10.1 When an Unclassified Management Employee claims not to have sufficient time outside of working hours to vote at a statewide election, the Unclassified Management Employee may, without loss of pay, with the approval of the City Manager, take off enough working hours which when added to the voting hours available outside of working hours will enable the Unclassified Man agement Employee to vote. The City Manager may not authorize an Unclassified Management Employee 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 a work period, whichever allows the Unclassified Management Employee the most time for voting and the least time off from work.
10.2 If the Unclassified Management Employee knows or has reason to believe that time off for voting shall be necessary on election day, the Unclassified Management Employee shall notify the City Manager of that fact at least two (2) work periods in advance.
SECTION 11 - DISCRETIONARY LEAVE:
All discretionary leave taken by Unclassified Management Employees shall be approved, in advance, by the City Manager or the Assistant City Manager, as applicable.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 1 - ME TOO CLAUSE:
During the term of this resolution , if any other bargaining unit in the City of Carson receives additional increases to the proposed cost of living increases or other compensation, including retroactive payments, or additional improvements to the health insurance benefits, including but no t limited to, additional City contributions to the health insurance premiums or cafeteria caps; or any other financial improvements, the City agrees to provide the same such increases and improvements to the Unclassified M anagement Employees and to meet and confer with the Unclassified Management Employees over such increases and RESOLUTION NO. 25-040
01007.0004/919199.1
improvements. The provision of this paragraph shall expire on and not be effective after June 30, 2027.
SECTION 2 - DISCIPLINARY ACTION:
The authority of the City to institute disciplinary action against Unclassified Management Employees and the rights of those employees with respect to such disciplinary action shall be governed by the provisions of the Carson Municipal Code.
SECTION 3 - LEGAL COUNSEL:
The City shall comply with all of its statutory obligations relative to providing defense and indemnification of public employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.
SECTION 4 - NON-APPLICABILITY OF PERSONNEL RULES:
The City's Personnel Rules do not apply to Unclassified Management Employees covered by this resolution.
Subject to the provisions of the City's Municipal Code, the City and the Unclassified Management Employees covered by this resolution may, upon mutual agreement, meet and discuss any subject or matter covered by this resolution.
SECTION 5 - SEVERABILITY:
In the event that any term, covenant, condition, or provision contained in this resolution is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, or provision of this resolution and the remainder of the resolution shall still be in full force and effect.
SECTION 6 - DURATION:
6.1 This Resolution shall be binding on the City and the Unclassified Management Employees effective July 1, 2024.
6.2 Except as otherwise provided herein, this Resolution shall continue in full force and effect until such time as amended or superseded by City Council ordinance or resolution.
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01007.0004/919199.1
APPENDICES:
COLA: 6.0%
Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Assistant City Manager 301 104.05 109.25 114.71 120.45 126.47 132.80 Deputy City Manager 306 99.09 104.04 109.25 114.71 120.44 126.47 Di rector of Communi ty Devel opment 304 94.37 99.09 104.04 109.25 114.71 120.44 Di rector of Communi ty Servi ces 304 94.37 99.09 104.04 109.25 114.71 120.44 Director of Finance 304 94.37 99.09 104.04 109.25 114.71 120.44 Director of Human Resources and Risk 304 94.37 99.09 104.04 109.25 114.71 120.44 Director of Information Technology & Security 304 94.37 99.09 104.04 109.25 114.71 120.44 Director of Public Works 304 94.37 99.09 104.04 109.25 114.71 120.44 Dire ctor of Public Safe ty 304 94.37 99.09 104.04 109.25 114.71 120.44 Energy and Sustainability Officer 305 76.09 79.89 83.89 88.08 92.48 97.11 City of Carson - Salary Schedule
Unclassified Management Employees
Effective July 1, 2024 - June 30, 2025 - Appendix A
COLA: 4.0%
Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Assistant City Manager 301 108.21 113.62 119.30 125.27 131.53 138.11 Deputy City Manager 306 103.05 108.20 113.62 119.30 125.26 131.52 Di rector of Communi ty Devel opment 304 98.15 103.05 108.21 113.62 119.30 125.26 Di rector of Communi ty Servi ces 304 98.15 103.05 108.21 113.62 119.30 125.26 Director of Finance 304 98.15 103.05 108.21 113.62 119.30 125.26 Director of Human Resources and Risk 304 98.15 103.05 108.21 113.62 119.30 125.26 Director of Information Technology & Security 304 98.15 103.05 108.21 113.62 119.30 125.26 Director of Public Works 304 98.15 103.05 108.21 113.62 119.30 125.26 Dire ctor of Public Safe ty 304 98.15 103.05 108.21 113.62 119.30 125.26 Energy and Sustainability Officer 305 79.13 83.09 87.24 91.60 96.18 100.99 City of Carson - Salary Schedule
Unclassified Management Employees
Effective July 1, 2025 - June 30, 2026 - Appendix B
COLA: 4.0%
Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Assistant City Manager 301 112.54 118.17 124.08 130.28 136.79 143.63 Deputy City Manager 306 107.17 112.53 118.16 124.07 130.27 136.78 Di rector of Communi ty Devel opment 304 102.07 107.18 112.53 118.16 124.07 130.27 Di rector of Communi ty Servi ces 304 102.07 107.18 112.53 118.16 124.07 130.27 Director of Finance 304 102.07 107.18 112.53 118.16 124.07 130.27 Director of Human Resources and Risk 304 102.07 107.18 112.53 118.16 124.07 130.27 Director of Information Technology & Security 304 102.07 107.18 112.53 118.16 124.07 130.27 Director of Public Works 304 102.07 107.18 112.53 118.16 124.07 130.27 Dire ctor of Public Safe ty 304 102.07 107.18 112.53 118.16 124.07 130.27 Energy and Sustainability Officer 305 82.30 86.41 90.73 95.27 100.03 105.03 City of Carson - Salary Schedule
Unclassified Management Employees
Effective July 1, 2026 - June 30, 2027 - Appendix C
RESOLUTION NO. 25-040
01007.0004/919199.1
___________________________________________________________________________
Section 4. This resolution shall be effective retroactively as of July 1, 2024.
Section 5. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 1st day of April 2025.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-040 adopted by the City of Carson City Council at its meeting held on April 1, 2025, by the following vote:
AYES: COUNCIL MEMBERS: Davis-Holmes, Hilton, Dear, Hicks, Rojas NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Dr. Khaleah K. Bradshaw, City Clerk
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, April 1, 2025, 5:00 PM
CONSENT 27. To: Honorable Mayor and City Council From: James Nguyen, Special Projects Manager CD Administration Subject: CONSIDER AWARD AND APPROVAL OF TWO CONTRACT SERVICES AGREEMENTS WITHECONOMIC & PLANNING SYSTEMS, INC. (EPS) FOR DEVELOPMENT IMPACT FEES AND COMMUNITYBENEFITS SERVICES AND RSG, INC. (RSG) FOR INCLUSIONARY HOUSING & IN-LIEU FEES, COMMERCIAL& INDUSTRIAL LINKAGE FEES, AND COMMUNITY FACILITIES DISTRICTS OR ALTERNATIVE FUNDINGMECHANISM SERVICES (CITY COUNCIL) I. SUMMARY
This item includes approval of two contracts, with Economic & Planning Systems, Inc. (EPS) and RSG, Inc.(RSG), to undertake a comprehensive community development fee study, provide related implementationservices, and conduct a feasibility analysis for adoption of the following fees: (1) Development Impact Fees (update current interim program including nexus study as well as ensuringcompliance with applicable law including the Nollan/Dolan Doctrine requirements of an essential nexus andrough proportionality of fees) (2) Community Benefits (create new program applicable to development projects exceeding General Planthresholds) (3) (A) Inclusionary Housing and In-Lieu Fees, and (B) Commercial & Industrial Development Linkage Fee(create new programs) (4) Community Facilities Districts (provide CFD administration and consultation services) and alternativefunding mechanisms for services (create new program) The City solicited the proposals in the summer and fall of 2024 under RFP No. 24-019. The City received fourproposals from four highly qualified firms. Firms had the option to submit proposals for only one (or more) ofthe four scopes. After an extensive review process which included interviews and further rounds of scopenegotiation, the City's evaluation committee is recommending awarding the contract to EPS for Scope 1(Development Impact Fees) and Scope 2 (Community Benefits), and RSG for Scope 3 (Various Housing) andScope 4 (Community Facilities District or Alternative). Given that both firms are reputable industry leadersin this field, staff believes the EPS and RSG team combination will best meet the City goals.
II. RECOMMENDATION
TAKE the following actions:
1. AWARD and APPROVE a Contract Services Agreement with EPS to provide consulting services for Development Impact Fees, Community Benefits, and related implementation at a cost not to exceed $508,725 for a five-year term (Exhibit No. 1; "EPS Contract Services Agreement");
2. AWARD and APPROVE a Contract Services Agreement with RSG to provide consulting services for Inclusionary Housing and In-Lieu Fees, Commercial & Industrial Development Linkage Fee and related implementation at a cost not to exceed $529,086 for a five-year term (Exhibit No. 2; "RSG Contract Services Agreement");
3. AUTHORIZE the Mayor to execute the EPS Contract Services Agreement and the RSG Contract Services Agreement following approval as to form by the City Attorney; AND
4. WAIVE further reading and ADOPT Resolution No. 25-042, "A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET TO ALLOCATE $508,725 OF INTERIM
DEVELOPMENT IMPACT FEES (ADMINISTRATION) FOR PURPOSES OF ESTABLISHING A PERMANENT DEVELOPMENT IMPACT FEE PROGRAM & NEXUS STUDY".
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
EPS Scope of Work EPS will be preparing a series of technical studies and analysis as part of the DIF and Community Benefitseffort including but not limited to land use projection, nexus analysis, maximum allowable fee calculations(feasibility analysis), case studies and best practices, feasibility analysis traffic guidelines and more. A finalDevelopment Impact Fee Nexus Report and Community Benefits Report will also be included. Development Impact Fees In 2019, the City adopted the “Interim” Development Impact Fee Ordinance. EPS will now conduct acomprehensive and “permanent” (i.e., not “Interim,” although it is understood that impact fee nexus studiesmust be updated at least every eight years per Government Code Section 66016.5(a)(8)) development impactfee nexus study that includes reviewing and updating the City’s existing impact fees and/or studying andadopting new fees to replace the existing fees. In general, development impact fees are one-time payments made by developers for the purpose of defrayingthe capital cost of public facilities related to their development projects (see Government Code Section66000(b)).)) The City currently imposes the following six development impact fees (and a separate 7th fee foradministration):
1. General Government Facilities – To finance the expansion, design, and construction of governmentalfacilities such as City Hall and Corporate Yard improvements.2. Transportation Infrastructure and Facilities – To finance the expansion, design, and construction oftransportation infrastructure and facilities such as roads, bridges, public transit, bikeways, andpedestrian walkways.3. Utilities and Sustainability – To finance the expansion, design, and construction of utilities andsustainable facilities such as green streets and renewable energy projects.4. Beautification – To finance the expansion, design, and construction of beautification infrastructure andfacilities including signage and street furniture that assist in reducing congestion and associatedpollution.5. Parks and Related Facilities – To finance the land acquisition and infrastructure costs to meet thedemand for park space attributable to new development. . Traffic Facilities – To finance traffic improvements necessary to accommodate the increase in trafficgenerated by new development.7. Administration – A fee collected by the City to offset the administrative costs related to the InterimDevelopment Impact Fee program. The fee is twelve percent (12%) of the total Interim DevelopmentImpact Fee obligation charged to the developer for all six Interim Development Impact Fee categories.
New fees categories (including combining existing categories) may be recommended as part of this effort. Legal RequirementsThe City’s development impact fee program, and the studies and materials prepared for the City by EPS mustcomply with: (i) the Mitigation Fee Act (Chapters 5, 6, 7, 7.5, 8, and 9 of Division 1 of Title 7 of the CaliforniaGovernment Code [commencing with Section 66000], sometimes referred to as Assembly Bill [AB] 1600); and(ii) relevant constitutional law, including the recent U.S. Supreme Court Case of Sheetz vs. County of ElDorado, California, 601 U.S. 267 (2024). Community Benefits EPS will also assist the City with the adoption of a new Community Benefits Program to implement certainprovisions of the City’s newly adopted General Plan. The Community Benefits Program would establish feesfor development projects to be spent on public amenities in exchange for increased developmentdensity/intensity rights such as floor area ratio or density. This Program is envisioned to be incorporated intothe City’s Zoning Code. Such community benefits are distinguished from the minimum requirements imposed on projects, conditionsimposed as a result of discretionary review, and any other mitigation measures. Examples of CommunityBenefits Program amenities may include but not limited to:
Affordable housing units/housing feesNeighborhood amenitiesStreetscape beautificationUnfunded public improvements and operations and maintenance costsLandscaping, parks and open space enhancementsFacility improvements for the community center, library, etc.Public artComplete streets, pedestrian and bicycle improvementsTransit facilities and servicesTraffic reduction and traffic calmingWorkforce development and job creationSustainability/energy conservation/green building measuresFunding for community programs or services The City endeavors to create an equitable and easy-to-implement Program. ESP will help the City determinewhether a monetary payment-based program (whereby developers make payments to the City and the Citysubsequently provides the amenities or makes the improvements for the community) versus a system wheredevelopers would provide the community benefits directly to the community by making the intendedimprovements or providing the intended amenities in-kind would best achieve City's goals. RSG Scope of Work RSG will prepare various development prototypes, market research, and pro forma analysis for the housingtask. This will also include an inclusionary feasibility analysis and an in-lieu fee and commercial and industrialnexus study. RSG through its subconsultant Webb Municipal Finance (WMF) will assist the City with on-goingadministration of the existing Citywide CFD and will make recommendations on establishing a fundingmechanism for new development to mitigate ongoing fiscal impacts. Inclusionary Housing with in-lieu options, and Commercial & Industrial Development Housing Linkage FeeOverview RSG will assist the City in adopting its first Inclusionary Housing Program ordinance. The InclusionaryHousing Program will help to ensure that housing affordable to lower-income households is ultimately built,by requiring that a certain percentage of housing units in new residential developments be restricted withrespect to the rental rates or sale prices so as to be affordable to lower income households, or that in-lieufees be paid to the City to provide affordable housing, among other potential alternatives available to thedeveloper in-lieu of providing the affordable units in the subject development (“Inclusionary HousingProgram”).
Inclusionary Housing Program would apply, at minimum, to developers of rental housing, and to the extent itdoes, it will need be consistent with Government Code Section 65850(g). The Inclusionary Housing Programmay also apply to developers of for-sale housing, subject to compliance with applicable law.
The Inclusionary Housing Program may include multiple compliance options for developers building for-salehousing to select from as available alternatives to providing the affordable units in the subject development,including paying the in-lieu fees, constructing off-site affordable for-sale units, dedicating land equal in valueto the applicable in-lieu fee, or acquiring and rehabilitating a comparable number of inclusionary units that areaffordable to lower income households. RSG would assist with other tasks relating to the implementation ofthe program ordinance(s) such as assisting the City with creating developer incentives or other mechanismsto facilitate development of new affordable housing sufficient to meet the City’s lower-income RHNA needs;refer to the programs and actions called out in the City’s adopted Housing Element of 2021-2029 foradditional details.
Additionally, new commercial and industrial projects may create an affordable housing need for workers andworker households. Therefore, RSG will also assist the City in adopting its first Commercial & IndustrialDevelopment/Housing Linkage Fee program ordinance to generate local funding for affordable housing fromcommercial and industrial development.
Community Facilities Districts (CFD) | Alternative Funding Mechanisms (In-Lieu of CFDs) for the Mitigation ofOngoing Fiscal Impacts (Overview) Unlike Development Impact Fees that are used to pay for infrastructure costs, CFD taxes are intended to payfor ongoing municipal services provided to new developments. On November 7, 2018, the City adoptedResolution No. 18-119 to form CFD No. 2018-01 ("CFD") for maintenance and services. This CFD alsoincluded a City-wide future voluntary annexation area. New development projects that impose negative fiscalimpacts on recurring City services have the option to annex into the CFD with the approval of their propertyowner. As permitted by the Act, CFD may provide one or more of the following eligible services to newprojects:
Law enforcement services;Street sweeping / Sidewalk cleaning and maintenance;Maintenance of parks, parkways and open space;Maintenance of roadways;Flood and storm protection services; andOther eligible services permitted by the Act.
New developments should pay to mitigate their long-term and ongoing negative fiscal impacts. RSG/WMFwill make recommendations to the City to allow developers to mitigate their long-term and ongoing fiscalimpacts.
V. FISCAL IMPACT
Since the adoption of the Interim Development Impact Fee Ordinance in 2019, the City has collected over $17million in revenue to fund city-wide infrastructure projects. The establishment of a permanent DevelopmentImpact Fee Ordinance will allow the City to continue collecting revenue and comply with growing staterequirements. During the same time period, the City has also collected an additional $1.7 million(approximate) in revenue to fund maintenance and services under the City's Community Facilities District orother related alternative funding arrangements. The Community Benefits Program, Inclusionary housing, and Commercial and Industrial Housing Linkagefees would introduce new funding sources for the City. In addition, they will provide developers with greatercertainty on determining the cost of development in Carson. The total costs of the two contracts are $508,725 for EPS and $529,096 for RSG. RSG's contract is proposedto be paid from the following account: 101-70-701-100-6004. EPS contract would be paid from either AccountNo. 101-70-701-100-6004 or, if applicable, entirely from Account No. 289-70-701-100-6004. Sufficient fundshave been budgeted for Fiscal Year 2024-2025 for account number: 101-70-701-100-6004. Adoption ofResolution No. 25-042 would allocate unassigned IDIF funds to 289-70-701-100-6004. Funding from IDIFAdmin Account has been set aside for the purposes of the EPS scope.
VI. EXHIBITS
1. Contract Services Agreement - Economic & Planning Systems, Inc.2. Contract Services Agreement - RSG, Inc. 3. Budget Resolution No. 25-042
Attachments
Exhibit 1 - Contract Services Agreement - EPS, Inc. v5.pdf Exhibit 2 - Contract Services Agreement - RSG, Inc. v3.pdf Exhibit 3 - Budget Resolution No. 25-042.pdf
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF CARSON
and
ECONOMIC & PLANNING SYSTEMS, INC.
01007.0005/1054509.1 -1-
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
ECONOMIC & PLANNING SYSTEMS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF CARSON, a California municipal corporation (“City”) and Economic & Planning Systems, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agre ement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facil ities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the co nditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until writt en instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifi cally set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Eight Thousand Seven Hundred Twenty-Five Dollars ($508,725) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts . Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government al agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Jason Moody Managing Principal (Name) (Title)
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Julie Cooper Principal (Principal-In Charge / Project Manager) (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be James Nguyen, Special Projects Manager , or as otherwise designated by the City Manager . It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shal l have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent
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contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whe ther for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consult ant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance ( Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injur ies or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement , with Employer’s Liability insuran ce coverage limits of at least $1,000,000.00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less
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than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability . Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits . Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insu rance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certi ficates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply
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with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and a ppointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond gua ranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which t he Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative,
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arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or e ntity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreemen t, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to per form the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, in cluding but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
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Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessar y to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of
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ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s g uarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions
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concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) day s’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pur suant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
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7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be grante d, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performan ce of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financi al interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
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8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial 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 “non -interests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or cons equence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or oth er conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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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 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
CONSULTANT:
ECONOMIC & PLANNING SYSTEMS, INC ., a
California Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTA TIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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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)
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.
01007.0005/1054509.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01007.0005/1054509.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
The Scope of Services from the Request for Proposals (RFP Scope) associated with the services is hereby incorporated herein by this reference. Any conflict between the RFP Scope and the Scope below shall be resolved by the Contract Officer at his/her discretion.
Any additional items required by the RFP Scope and not included below shall be included in the work as part of the scope.
The General Scope of Services described herein is: Comprehensive Community Development Fees Study and Related Implementation Services for the following fees:
(1) Development Impact Fees (update current interim program including nexus study as well as compliance with the recent US Supreme Court Case Sheetz vs. County of El Dorado, CA to ensure the Nollan/Dolan Doctrine requirements of an essential nexus and rough proportionality of fees are met) – Consultant to lead, RSG to coordinate and support as it pertains to RSG’s Scope of Services or Scope of Services on other City contracts. (2) Community Benefits (create new program applicable to development projects exceeding General Plan thresholds) – Consultant to lead, RSG to coordinate and support as it pertains to RSG Scope of Services or Scope of Services on other City contracts or as- needed by the City.
(3) (A) Inclusionary Housing and In -Lieu Fees, and (B) Commercial & Industrial Development Linkage Fee (create new programs) – RSG to lead, Consultant to coordinate and support as it pertains to Consultant’s Scope of Services as needed by the City. (4) Community Facilities Districts (provide CFD consultation services) or Alternative Funding Mechanisms (create new program ) - RSG to lead, Consultant to coordinate and support as it pertains to Consultant’s Scope of Services or as needed by the City.
A. Task 1: Project Initiation and Initial Document Review Consultant will participate in a Project Initiation meeting with the City Team and RSG Team (RSG, Inc. “RSG”), to review City goals and key policy objectives with respect to the General Scope of Services, the primary objectives of the studies, and the methodologies Consultant proposes to use for its analyses. It will also be an opportunity to refine the scope, schedule, and deliverables, as needed; identify key resources and data; establish the study outreach and communication protocol; and identify key technical and policy issues/challenges and to resolve how they will be addressed.
Prior to the Project Initiation meeting, the Consultant will request and review relevant documents and data from the City necessary to facilitate an efficient kick- off meeting, including but not limited to recently completed technical studies, policy documents, and more. The Consultant will discuss issues and questions
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related to these documents with the City Team and identify additional information needs, if any.
B. Task 2: Technical Analysis
Subtask 2.1.1: Land Use Projections
Consultant will review planning documents and work with City staff to establish appropriate land use assumptions and growth projections. Land use projections will be important for allocating the public facility demands of new development on a pro rata basis relative to demand generated by existing uses. Consultant will focus on the land use categories discussed in the Project Initiation meeting and based on its review and extensive experience with appropriate AB 1600 nexus methodologies, will identify any i ssues and potential items for further discussion with the City Team. Consultant will coordinate with the RSG Team to ensure consistent assumptions around land use projections.
Subtask 2.1.2: Project List Development
Consultant will work with relevant City departments to compile a list of the City’s infrastructure and public facility needs and costs. The list will be informed by the departments’ long-term capital goals and priorities, service standards, and other factors relevant to the fee program. As part of this list development, Consultant will discuss with City staff whether there are additional fee categories that may be appropriate to consider given the City’s infrastructure needs.
As part of this task, the Consultant will also work with the City to collect information regarding available impact fee fund balances available to offset infrastructure needs, as well as any outstanding credit and reimbursement obligations that the updated fee program should recognize as an o utstanding funding need.
Consultant assumes that City departments will provide cost estimates associated with the capital improvement needs to be funded in part through the Development Impact Fee program. In the event that the City cannot provide such cost estimates, the Consultant may, with prior written consent from the City, engage additional subconsultants to provide these estimates, subject to an additional budget request.
Subtask 2.1.3: Nexus Analysis and Impact Fee Calculation The Consultant will prepare the nexus-based cost allocation necessary to develop a preliminary fee schedule for the City’s existing fee categories—General Facilities, Utilities and Sustainability, Beautification, Parks, Transportation, and Traffic --as well for a potentia l new fee for Storm Water facilities. The methodology for calculating the public facility-related development impact fee categories requested for this study is detailed below:
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General Facilities, Utilities and Sustainability, Beautification, and Parks: To calculate updated General Facilities, Utilities and Sustainability, Beautification, and Parks fees, Consultant will prepare a cost allocation model to appropriately assign costs to new development. Specifically, Consultant will review each capital project associated with each fee category to determine whether the entire cost or a reasonable portion thereof can be fairly allocated to new growth. The costs for projects that clearl y serve both existing and new development will be allocated based on the proportion of the demand generated, or other appropriate nexus-based approach. The Consultant will ensure that facility needs and costs associated with existing deficiencies in service levels are identified as such and are excluded from the nexus analysis.
Consultant will then allocate the eligible development impact fee improvement program costs to the projected population and employment growth to determine the proportional cost per person needed to mitigate the impacts of growth on infrastructure. This “cost per person” can be used by the City if needed to determine individual project-specific impacts if required by law (although this approach is not currently required). For the purposes of fee calculation, Consultant will apply a standard density of residents or workers per square foot to each land use to calculate the fee per square foot.
Stormwater: Consultant will review the City’s Storm Water Master Plan and work with City staff to determine the directly connected impervious area factors (DCIA Factors) associated with each land use to be charged for storm drainage. Consultant will then use these factors to assign relevant storm drainage improvement costs established in Subtask 2.1.2 to new development by land use category. Consultant will work with City staff to determine if costs and cost allocations should be determined separately for specific basins or development areas.
Transportation and Traffic: Fehr & Peers (Subcontractor to EPS) will work with City staff to develop a definition and up to three performance measures that can be used to identify base line conditions (i.e., existing level of service) and adopted level of service (consistent with the goals and vision in the General Pl an). These measures will be used to identify if increases in vehicular and non-vehicular traffic from new development disproportionately increase the cost of maintaining the level of service at existing public facilities, or there is a need for new infrast ructure projects. These metrics may be related to operational performance, truck volume, percent of truck traffic, demand for pedestrian and bicycle facilities, or expanding multimodal access to transit to advance General Plan goals and policies. The constrained and unconstrained (fully programmed and funded, partially funded, and unfunded) projects in the CIP will be reviewed thoroughly to evaluate if and how they can address the deficiencies that may be caused by new developments. This will help to identify if there is a gap in the project list and need to develop new project concepts.
Fehr & Peers will use the SCAG ABM base year and 2050 traffic model to determine the extent to which roadways/intersections included in the fee program
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are used by existing City land uses, future City land uses, and non -City land uses.
Based on this analysis and the growth projections and improvement costs established in Subtask 2.1.2, Fehr & Peers will develop a fair share calculation that estimates the cost per new trip of development that would be needed to fully fund implementation of the project list and potentially justify an increased fee.
For better understanding of baseline travel patterns, Fehr & Peers may utilize Streetlight Data. SCAG is proving free access to all member agencies to Streetlight Data platform and Fehr & Peers staff are proficient in using various Streetlight data products for traffic impact analysis. For example, if the performance measure is the VMT per residential unit or walk and bike activities per Census Block Group, Streetlight data can be a good source to define the baseline conditions.
Fehr & Peers will further calculate the fair share of the traffic impact fee per dwelling unit and per square-foot for various non-residential land uses (e.g., office, retail, industrial) using the SCAG ABM.
The budget for the study does not include more complex fee program elements such as:
• The use of districting (via model fair share calculations) to establish different impact fees (per DUE) in different parts of the City, • Special consideration for interchanges and atypical traffic generators (such as colleges).
• More nuanced fee calculations that consider trip length, pass-by trips, etc.
Subtask 2.1.4: Maximum Allowable Fee Calculation
Based on the above -described nexus analyses, the Consultant will establish and summarize the maximum allowable fee level, comprising the fees for each facility category by land use for City review. The fees will be calculated on a per square foot basis for all uses, including residential uses, as required by AB 60 2.
Additionally, the Team will calculate fees for ADUs that conform with State regulations. Consultant will additionally review the City’s existing Administration fee and suggest any changes. This component will be incorporated into the overall maximum fee levels.
The resulting calculated fees will represent a maximum justifiable fee for each land use type. Fees may be refined based on other considerations including comparison with peer jurisdictions (described in Task 3) and consideration of other types of fiscal c ontributions from new development, before being incorporated into the Nexus Study Report prepared in Task 4.
Subtask 2.2: Community Benefits
Subtask 2.2.1: Case Studies and Best Practices
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Consultant will identify relevant precedents for voluntary zoning incentive programs that deliver benefits above and beyond statutorily required project contributions. It is anticipated that this task will include an overview of value capture theory, zoning incentive program types and their processes, and highlight a range of zoning incentive program models. This zoning incentive program overview will discuss the economic rationale for voluntary community benefits and will present a range of approaches employed by ci ties to incentivize community benefits contributions. In addition, this task will consider up to six (6) examples of existing zoning incentive programs and document findings in a case-study format.
Subtask 2.2.2: Proposed Amenities and Payment Rate
Consultant will work with City staff to develop a list of amenities that could be funded under the Program, informed by input from the public outreach in Task 5.
Consultant assumes that the City will provide cost estimates for the identified amenities, which will be used to determine what level of benefit is feasible for new projects based on the analysis in Subtask 2.2.3.
Subtask 2.2.3: Feasibility Analysis
Consultant will identify and assemble available data sources to support pro forma financial analysis, including real estate market data (e.g., rents and vacancies) and construction and financing costs and land sales price data. As data allow, the information will be specific to Carson, or to the South Bay Region or LA County as necessary given da ta limitations. Data collected will be verified with key stakeholders as part of the Public Outreach task (Task 5). The data will also be discussed with the RSG Team to ensure consistency in assumptions across feasibility analyses.
Using the data collected, Consultant will develop a set of up to nine (9) development prototypes (in consultation with City staff and the RSG Team) that are representative of the community provisions by land use outlined in the City’s General Plan. The pro totypes will define the achievable height and density of buildings that would be constructed under different scenarios (with and without the zoning increases). In following this analysis, it will be critical that the prototypes accurately reflect the densi ty increase achievable for typical projects over and above “baseline” land use designations and zoning regulations. Consultant will rely on City staff input concerning building formats. With input from City staff and RSG Team, Consultant will finalize the set of prototypes for financial modeling.
Consultant will create a static (i.e., stabilized year) pro forma financial analysis that estimates the market -supported “residual value” created by each building prototype. Up-zoned prototype values will be compared with baseline values for residential and commercial land uses across the focus area geographies. These pro forma financial analyses will reflect the market potential and cost of development, based on analytical inputs identified above. The pro forma analyses will establish expected supportable land values under existing and potential zoning allowances,
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identify increases for each zoning incentive, and specifically address each focus area to the extent data support differentiation. Land value outputs will be reported as a range based on Consultant analysis of key market and economic inputs.
Additional sen sitivity testing, as may be requested by the City, would require authorization and use of budgeted contingency funding.
Consultant will utilize the assessment of the value creation from increased density for each prototype to determine correspondence between the cost of specific benefits sought (as defined in Subtask 2.2.2) and the density bonus offered to incentivize the provision o f that benefit. As the Community Benefits Program is envisioned as a voluntary program, it is Consultant’s understanding that a formal nexus analysis is not required to establish these benefit payments. However, establishing the connection between value capture associated with density and the value of the benefits provided will illustrate the presence of a relationship between the two factors.
C. Task 3: Fee/Program Comparison Analysis
The Consultant, in coordination with the RSG Team, will conduct a comparison of development impact fees and community benefits programs between the proposed updated fees for the City and up to ten (10) peer jurisdictions (selected in dialogue with City sta ff and RSG Team). The goal will ensure that the proposed fees and requirements are in -line with regional trends, taking into account differences in local economies. As relevant, the fee comparison will be based on the fees charged to hypothetical projects, rather than just each cities’ fee per unit or square foot, to allow for a fair comparison across cities.
The Consultant will produce a short technical memorandum, in coordination with the RSG Team, summarizing the fee and program comparison. This analysis may result in modifications to the fee levels and program requirements.
D. Task 4: Reports
Subtask 4.1: Development Impact Fee Nexus Study Report
Once the impact fee schedule is finalized, the Consultant will prepare a nexus study report that documents the assumptions and methodology used to establish the required nexus for creating each fee. The report will include comprehensive background on the impact fee program and each fee category, as well as detai l the technical analysis and clearly describe the nexus findings and rationale for allocating facility cost to new development as required by AB 1600, as well as rationale for any changes to the service and fee levels as required by AB 602.
Specifically, the nexus methodology will satisfy the following Mitigation Fee Act requirements:
• Identify the purpose of the fee.
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• Identify the use of the fees. If the use is financing public facilities, the facilities must be identified.
• Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. • Determine how there is a reasonable relationship between the need for a public facility and the type of development project on which the fee is being imposed.
The report will also include recommendations for updating the process of implementing and administrating the fee program, including those elements that are ultimately part of the enabling Ordinance and Resolutions. These elements will include, but are not limited to, fee collection protocol, options for annual standardized cost escalation, and developing an appeal process for applicants and to determining fees on a case-by-case basis if deemed necessary.
Deliverables under this task will include an Administrative Draft Report for City staff review and comment; a Public Review Draft Report, incorporating one round of staff comments, for review by key stakeholders, elected officials, and the public; and a Fi nal Report incorporating comments arising from the public review draft.
The Consultant will maintain a working database of all documents, interviews, and other resources used in the study. We believe that thorough documentation and transparency is critical to achieving consensus and a successful study outcome.
Accordingly, all assumptions and calculations will be clearly sourced, easily replicable, and prepared as user-friendly deliverables.
Subtask 4.2: Transportation Study Guidelines
Fehr & Peers will support the City of Carson and project team by updating the draft to create a new City’s Transportation Impact Analysis Guidelines. Updates will to include the following:
a. Updating the LOS methodology to Highway Capacity Manual b. Revising acceptable LOS standards to match City’s General Plan requirements and in conformance with other requirements and procedures already stated in the County of Los Angeles guidelines, not withstanding locations approved to operate at E/F in the General Plan c. Clarification and updates regarding the City of Carson’s guidance and practices regarding the collection of vehicle classification counts, application of passenger car equivalent (PCE), and optimization of signal timing in environmental and planning analysis contexts
d. Additional sections briefly addressing City of Carson practices such as fair share calculation and application of the development impact fee in the transportation analysis project
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Subtask 4.3: Community Benefits Report
The Community Benefits report will summarize the findings of Tasks 2 and 3, including background information, case studies and other research, financial analysis technical approach and outputs, and program recommendations, including an implementation plan. The document will include a written narrative and supporting figures and graphics that help to communicate the study process and its outputs to a broad audience.
Deliverables under this task will include an Administrative Draft Report for City staff review and comment; a Public Review Draft Report, incorporating one round of staff comments, for review by key stakeholders, elected officials, and the public; and a Final Report incorporating comments arising from the public review draft.
E. Task 5: Project Management and Public Outreach
Subtask 5.1: Project Management and Public Information
In general, the Consultant’s approach to communication is to maintain open channels of dialogue throughout the study process. As such, the Consultant will respond to inquiries and requests from City staff and stakeholders as they arise, and address and incorporate the information or direction received as appropriate.
During the project initiation meeting detailed in Task 1, the Consultant will establish a schedule for regular check-in calls with the City Team, in coordination with the RSG Team as relevant. Consultant will participate in these calls to report on progress and status of the analysis and to solicit input on potential problems, with staff from Fehr & Peers participating as needed. The provided cost estimate assumes these meetings will occur monthly by phone or videoconferen ce, to provide cost savings to the City, and that the meetings will cover updates on both the Development Impact Fee and Community Benefits studies.
Consultant will also work with the City and RSG Team to develop a webpage dedicated to providing information on the development impact fee and community benefits study processes. Consultant expects that the City will host and maintain the page, while the Consultant will provide relevant content, including FAQs, presentation materials, and report drafts.
Subtask 5.2: Stakeholder Outreach
Consultant will work with City staff to identify key stakeholders, including developers and community organizations to engage in small group and one-on-one meetings to solicit feedback on the programs, with a special focus on community benefits. Consultant envisions conducting up to four (4) such meetings with these stakeholders. The cost estimate for the stakeholder outreach assumes virtual participation by Consultant at two (2) meetings and in -person participation at two (2) meetings.
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Consultant will also work with the City and RSG Team to organize and present at up to two (2) virtual “Town Hall” meetings to provide information to and solicit feedback from the wider community.
Finally, Consultant will participate in up to four (4) virtual meetings with city councilmembers and the Council Subcommittee to discuss policy direction and goal setting.
Subtask 5.3: Public Hearings
Consultant will participate and present in -person at up to five (5) public hearings related to the Development Impact Fee and Community Benefits Programs—to the Planning Commission, Economic Development Commission,
CD/Housing/Logistics & Transit Standing C ommission, Housing Ad Hoc Committee, and City Council. Consultant will create tailored presentations designed to articulate to decisionmakers the key data and analysis conducted by the Consultant Team and will also be prepared to respond to questions and c oncerns that arise within the hearing setting.
Following incorporation of comments into the Final Reports, Consultant will participate in one (1) City Council adoption hearing for both the Development Impact Fee Program and Community Benefits Program.
Consultant will review the Development Impact Fee ordinance and resolution language prepared by the City and provide feedback and will consult with the City’s legal counsel on the nexus between the projects funded through the program and citywide benefits. Consultant will also support City staff in determining the best regulatory approach for adopting the Community Benefits program. In both cases, Consultant will also be available to assist City staff in drafting any staff reports on the findings and recomm endations of the studies. The cost estimate for all public hearing participation assumes in-person attendance by Consultant.
F. Task 6: Ongoing Support / As-Needed Special Projects (Optional) Consultant will be available on an as-needed basis to support in implementation of the development impact fee program, addressing any questions that may arise, and conducting updates. As needed support may include other special projects topic in the boarder field of community and economic development including but not limited to community benefits, land-use economic analysis , fiscal and real estate analysis.
Additionally, Consultant must perform all on-call Services in compliance with the following requirements:
i. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
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ii. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the hourly rates in Exhibit C -1, Personnel Billing Rates, where applicable; an explanation of how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.
iii. Contract Officer shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.
iv. The task shall be performed at a cost not to exceed the Task Budget. v. Consultant shall complete the task and deliver all deliverables to the Contract Officer by the Task Completion Date.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Technical Analysis, including:
1. Land Use Projections
2. Project List Development
3. Nexus Analysis and Impact Fee Calculation
4. Maximum Allowable Fee Calculation
5. Case Studies and Best Practices
6. Proposed Amenities and Payment Rate
7. Feasibility Analysis
8. Traffic Impact Analysis Guidelines
B. Fee/Program Comparison Analysis
C. Reports, including:
1. Development Impact Fee Nexus Study Report
2. Community Benefits Report
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly meeting by phone or videoconference
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IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Julie Cooper, Principal (Principal-in-Charge/Project Manager) B. Jason Moody, Managing Principal (Senior Advisor, Development Impact Fees) C. Benjamin Sigman, Managing Principal (Senior Advisor, Community Benefits) D. Darin Smith, Senior Advisor, Inclusionary Housing/Commercial Linkage Fees E. Russ Powell, Senior Advisor, Community Facilities Districts F. Thomas Gonzales, Deputy Project Manager
G. Chinmay Damle, Senior Associate, Project Analyst
H. Lohita Turlapti, Project Analyst
I. Fehr & Peers (Subcontractor)
1. Miguel Núñez, AICP, Principal (Principal-in-Charge)
2. Fatemeh Ranaiefar, PhD, Senior Associate (Project Manager)
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Section 3.4, “Term,” of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) one (1) years from the date hereof which is March 19April 1, 2030, except as otherwise provided in the Schedule of Performance (Exhibit “D”) (the “Term”).
Section 4.5, “Prohibition, Against Subcontracting or Assignment” is hereby amended to read in its entirety as follows:
“4.5 Prohibition, Against Subcontracting or Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.
No approved transfer shall release the Consult ant or any surety of Consultant of any liability hereunder without the express consent of City.
The City is approving Fehr & Peers as the Subconsultant to perform work as described in the Scope of Services.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at their personnel billing rates under Exhibit C -w and not to exceed the following sub-budget, unless approved by the Contract Officerrates:
TASK SUB-BUDGET
A. Project Initiation $6,590
B. Technical Analysis $171,210
C. Fee Comparison Analysis $21,080
D. Reports $77,490
E. Project Management & Public
Outreach
$82,355
F. Ongoing Support / As-needed Special
Projects
$150,000
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed $ 508,725 as provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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EXHIBIT “C-1”
PERSONNEL BILLING RATES
LABOR CATEGORY HOURLY RATE
Principal (EPS, Consultant) $310
Deputy Project Manager $275
Senior Advisor $345
Technical Analyst $250
Principal (Fehr & Peers, Subconsultant) $300
Project Manager (Fehr & Peers, Subconsultant) $195
Modeling Technical Resource (Fehr & Peers,
Subconsultant)
$270
Project Engineer (Fehr & Peers, Subconsultant) $175
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Description Deadline Date
A. Task A Project Initiation April 2025
B. Task B Technical Analysis August 2025
C. Task C Fee Comparison Analysis September 2025
D. Task D Reports November 2025
E. Task E Project Management & Outreach June 2026
E. Task F As-needed Special Projects TBD
II. Consultant shall deliver the following tangible work products to the City by the following dates.
Work Products Deadline Date
Land Use Projections May 30, 2025
Project List Development May 30, 2025
Nexus Analysis and Impact Fee
Calculation
July 31, 2025
Maximum Allowable Fee Calculation July 31, 2025
Case Studies and Best Practice May 30, 2025
Proposed Amenities and Payment Rate July 31, 2025
Feasibility Analysis September 30, 2025
Fee/Program Comparison Analysis September 30, 2025
Traffic Impact Analysis Guidelines November 30, 2025
Development Impact Fee Nexus November 30, 2025
Community Benefits Report November 30, 2025
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III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF CARSON
and
RSG, INC.
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
RSG, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF CARSON, a California municipal corporation (“City”) and RSG, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agre ement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facil ities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the co nditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until writt en instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or p roperty, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifi cally set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Twenty Nine Thousand and Ninety -Six Dollars ($529,096) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.8. 09999.0001/1054522.1 -4-
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts . Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government al agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Tara Matthews Principal and Vice President (Principal-in-Charge) (Name) (Title)
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Brandon Fender Senior Associate (Project Manager) (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be James Nguyen, Special Projects Manager , or as otherwise designated by the City Manager . It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shal l have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City a nd shall remain at all times as to City a wholly independent
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contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance ( Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injur ies or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement , with Employer’s Liability insuran ce coverage limits of at least $1,000,000.00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less
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than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability . Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits . Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insu rance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certi ficates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply
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with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and a ppointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond gua ranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which t he Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative,
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arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or e ntity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreemen t, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to per form the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, in cluding but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
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Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessar y to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City i n providing access to the books and records if a public records r equest is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of
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ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s g uarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions
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concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) day s’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pur suant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
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7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equi table, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performan ce of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financi al interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
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8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial 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 “non -interests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or cons equence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or oth er conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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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 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
CONSULTANT:
RSG INC., a California corporation
By:
Name: Jim Simon
Title: Principal & President
By:
Name: Tara E. Matthews
Title: Principal, Vice President & Treasurer
Address: 170 Eucalyptus Ave, Suite 200,
Vista CA 92084
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RU LES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
09999.0001/1054522.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
09999.0001/1054522.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
09999.0001/1054522.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
The Scope of Services from the Request for Proposals (RFP Scope) associated with the services is hereby incorporated herein by this reference. Any conflict between the RFP Scope and the Scope below shall be resolved by the Contract Officer at his/her discretion.
Any additional items required by the RFP Scope and not included below shall be included in the work as part of the scope.
The General Scope of Services described herein is: Comprehensive Community Development Fees Study and Related Implementation Services for the following fees:
(1) Development Impact Fees (update current interim program including nexus study as well as compliance with the recent US Supreme Court Case Sheetz vs. County of El Dorado, CA to ensure the Nollan/Dolan Doctrine requirements of an essential nexus and rough proportionality of fees are met) – EPS to lead, Consultant to coordinate and support as it pertains to Consultant’s Scope of Services or Scope of Services on other City contracts.
(2) Community Benefits (create new program applicable to development projects exceeding General Plan thresholds) – EPS to lead, Consultant to coordinate and support as it pertains to Consultant’s Scope of Services or as-needed by the City or on Scope of Services on other City contracts
(3) (A) Inclusionary Housing and In -Lieu Fees, and (B) Commercial & Industrial Development Linkage Fee (create new programs) – Consultant to lead, EPS to coordinate and support as it pertains to EPS’ Scope of Services or as needed by the City. (4) Community Facilities Districts (provide CFD consultation services) or Alternative Funding Mechanisms (create new program) - Consultant to lead, EPS to coordinate and support as it pertains to EPS’ Scope of Services or as needed by the City.
A. Task 1: Project Initiation
In April 2025, Consultant (RSG, Inc. “RSG”), Webb Municipal Finance (“WMF”) (Subcontractor to Consultant) , and Economic & Planning Systems , Inc. (“EPS”) and City staff will hold a combined in-person kickoff meeting to review and revise as necessary the final scope and schedule and to discuss the following:
• Establish protocols for communication between Consultant and City staff, • Review and discuss methodology for the assignment,
• Discuss development prototypes,
• Identify comparable jurisdictions,
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• Identify required information and data needed by the team, • Discuss past staff- and Council-level discussions pertaining to the creation of a new fee program for inclusionary zoning regulations and commercial and industrial linkage fee, and
• Clarify City goals, and project objectives and deliverables.
Consultant will review relevant documents as directed by City staff to gain a thorough understanding of the City’s current affordable housing policies and programs. During this stage, Consultant will also leverage its existing experience with the City and housing policy in Carson.
Consultant’s preliminary estimate of the duration of this project is 12 months.
Throughout this engagement, Consultant with transmit a summary of progress and updates to City staff on a monthly basis. Consultant expects that the duration of the engagement will require up to 14 virtual check ins with City staff. Consultant also expects to coordinate with WMF and EPS on a regular basis throughout the duration of this assignment.
Deliverables: Kickoff agenda, summary of actions and assignments from the kickoff meeting
B. Task 2: Development Prototypes, Market Research, and Pro Forma Analysis Consultant will evaluate historical development patterns, review current development proposals and planning projects in the City’s development pipeline, and review the City’s housing opportunity sites to define residential and commercial and industrial development prototypes. The following resources will be reviewed and evaluated:
• Zoning Code and any other applicable local development requirements such as housing overlays, specific plans, or density bonuses, • City Land Use Element,
• The current development pipeline for housing, commercial and industrial developments,
• The Housing Element, including the Housing Sites Inventory, Historical development trends, including scale, density, and other characteristics, and Existing vacant land and development opportunities.
Based on the above research, Consultant will model, program, and analyze up to 12 different prototypes for financial feasibility. These prototypes will become the foundation for evaluating the feasibility of the inclusionary zoning policy and the nexus between commercial and industrial development and affordable housing demand. Consultant and EPS will coordinate on the development programs for the
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prototypes to ensure that each fee study is considering similar development concepts. Upon completion of this step, Consultant, EPS, and City staff would meet to review and discuss the development prototypes. Consultant may request additional information from the City at this stage, if any of the prototypes need to be refined.
Consultant will research current market construction and development costs, as well as land costs, local rents, operating expenses, and sales prices, and prepare pro forma development feasibility models for each prototype, including the estimated profitability margins for each. Consultant will prepare a brief summary presentation of prototype programs and feasibility for review and discussion with City staff.
Based on staff feedback, Consultant will refine and revise the prototype development programs and feasibility.
Deliverables: Prototype presentation to staff
C. Task 3: Inclusionary Housing Feasibility Analysis, In -Lieu Fee, and Commercial and Industrial Nexus Study
Inclusionary Housing: To analyze the feasibility of the City’s proposed inclusionary requirements, Consultant will first determine the feasibility gap for affordable units at varying income level categories. The feasibility gap compares the value of an affordable unit, based on an affordable sales price or rent, with the estimated development cost per unit.
Consultant will use the residential prototypes and pro formas from Task 2 to evaluate the feasibility of development under the proposed inclusionary policy, and sensitivity analyses by varying both the total inclusionary on -site percentage and target income level allocations (such as the City’s Regional Housing Needs Assessment allocation, or other distribution of income targets).
To determine a fee in-lieu of providing inclusionary units, Consultant will calculate the average cost per inclusionary unit for development projects to be in compliance with the proposed inclusionary policy, or prospective alternative requirements. The calculated cost of meeting the inclusionary unit requirement will vary b ased development prototype, project size, and the number of inclusionary units required by income level. Consultant will present and discuss with staff the impact of establishing a fixed or variable in-lieu fee, and whether to apply it on a per unit or per square foot basis. Consultant can advise on the pros and cons of each approach.
Commercial and Industrial Nexus Study : To determine the nexus between new commercial and industrial development and its impact on affordable housing demand, RSG will first estimate the number of jobs generated by prototypical development. For the commercial and industrial nexus, Consultant will use IMPLAN, which is input -output based economic software. Consultant uses IMPLAN frequently to analyze the impacts of new development.
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Using IMPLAN, we will then evaluate the distribution of jobs by occupation, applying average labor income estimates adjusted to local and regional demographic trends, to determine earnings by household. Based on the range of new households by income category, we will estimate the demand for market rate and affordable housing generated by new development.
Using the feasibility gap per affordable unit by income level, Consultant will calculate a maximum supportable fee amount for new development that could address the affordable housing impact.
Community Benefits: EPS is preparing a community benefits analysis as part of a separate scope of work. While Consultant may not be directly engaged in and leading the community benefits analysis, the Consultant understands that its ongoing efforts in the City on other contracts may be useful to EPS in preparation of the community benefits analysis. Consultant will ensure that information gathered from the public during the recent/ongoing Consolidated Plan public meetings, stakeholder meetings, and communit y survey is available to EPS.
Consultant may be asked by City to provide input or peer review services as part of the on-call as-needed scope.
In-Lieu Fees: For both the inclusionary in-lieu fee and commercial and industrial linkage fee, Consultant will evaluate development feasibility by determining if the additional cost of the fee still allows developers and investors to achieve a minimum required level of profitability, using industry measures such as yield on cost. This analysis will help determine the maximum feasible in -lieu and commercial and industrial linkage fees for the City to consider.
Sensitivity Analyses: Consultant will conduct sensitivity analyses using variable key inputs such as market rents, construction costs, capitalization rates, and policy or program requirements. This will provide further insight on how changes in the market or alternative policies may impact feasibility. Consultant will present for staff review and discussion the financial feasibility analysis for each residential and commercial or industrial prototype, along with preliminary conclusions for the maximum suppo rtable and maximum feasible in -lieu and commercial and industrial linkage fees.
Comparable Jurisdictions: Consultant will also coordinate with City staff to select up to ten (10) comparable jurisdictions (with existing or proposed inclusionary housing policies and/or commercial and industrial linkage fees) to assess and compare their inclusionary housing policies, in -lieu fees, and commercial and industrial linkage fees. This data will be presented to staff in relation to the City’s prospective fees.
D. Task 4: Report
Consultant will prepare a report (or reports) that describes the methodology, findings, and recommendations from the inclusionary zoning feasibility and
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commercial and industrial linkage nexus fee analysis. Consultant’s report(s) will include an introduction, policy context discussion, methodology used, including background analysis and assumptions, a detailed description of cost assumptions and other data points, and analysis of hypothetical development prototype projects with adequate profit margins. The report(s) will include clear findings that describe economic viability of the recommendations, including a review of recommended fee in-lieu of on-site unit production and commercial and industrial linkage fee.
Consultant will incorporate proposed fees into a summary fee matrix in consultation with WMF and EPS.
Consultant’s budget provides for two rounds of staff review of the report and draft ordinance, if necessary. Consultant will prepare an initial inclusionary housing ordinance in coordination with City legal counsel. Generally, Consultant’s inclusionary housing and commercial and industrial nexus report is informational and would not be modified based on feedback from City Council. The ordinance, however, may be changed or modified based on Council direction. Consultant anticipates two rounds of revisions to the ordinance based on City Council feedback.
The contents of final report will be presented to the commissions, committees, and boards beginning in November 2025. Based on conversations with City staff, Consultant expects the Final Report to be distributed to City Council in March 2026.
Deliverables: Draft report, Final report, Draft ordinance E. Task 5: Stakeholder Meetings, Developer Interviews, and City Council Meetings
The meetings outlined below are based on Consultant’s experience with inclusionary housing and commercial and industrial nexus studies and coordination with the City, WMF, and EPS. RSG’s scope includes policymaker meetings with the following commissions, committees, and boards: (1) Economic Development Commission, (2) Planning Commission, (3) Community
Development/Housing/Logistics & Transit Standing Committee, and (4) Housing Ad Hoc Committee. RSG, WMF and EPS will also present at one (1) City Council subcommittee meeting, and up to three (3) policy direction or goal setting meetings in a 2-2-1 format, ensuring that any discussions with the City Council comply with the Brown Act.
Additionally, Consultant expects to coordinate with EPS on two Virtual Town Hall Meetings. Consultant and EPS will coordinate on the preparation of an agenda and PowerPoint slide deck to guide the discussion at each Virtual Town Hall Meeting.
The Virtual Town Hall Meetings will be advertised by the City, and City staff will attend the Virtual Town Hall Me etings to introduce the consulting team, but Consultant and EPS will present the information to the public. Consultant and EPS
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may defer to City staff on some questions received during the Virtual Town Hall Meeting. The local building industry association representatives (“BIA”) and active developers in the City will be notified of these meetings, but in Consultant’s experience the BIA and active developers typically attend and provide more meaningful feedback at separate stakeholder meetings (discussed below).
Consultant, WMF and EPS will coordinate on several stakeholder meetings.
Consultant expects to attend 8 stakeholder meetings. The stakeholder meetings will include local BIA representatives, key property owners (such as Phillips 66), and active developers in the City, and Consultant’s will aim to discuss development prototypes, feasibility, inclusionary housing, commercial and industrial linkage, and in-lieu fees, and gain an understanding of the concerns and perspectives of BIA and developers. Consultant expects these meetings to take place virtually.
Consultant understands that EPS may meet directly with additional stakeholders, including developers or community organizations directly to fulfill the community benefits scope. If the City prefers Consultant to attend these meetings, Consultant estimates $1,1 00 per virtual meeting and $2,300 per in -person meeting, inclusive of travel and preparation time. Consultant understands that there may be additional stakeholder or commission/committee/board meetings that are informative updates provided by City staff.
Consultant will prepare a PowerPoint presentation that summarizes the methodology, findings, and recommendations as presented in the report(s). The PowerPoint slide deck will be reviewed with City staff and refined as needed.
Consultant will attend two (2) City Council meetings (workshops, study sessions, or otherwise as directed by staff) to review and present the study results. Consultant will respond to follow-up questions from City staff and City Council members, as needed. Our objective is to provide a bsolute transparency to the City Council and to support City staff with the expertise and knowledge necessary to respond to inquiries from the public or elected officials.
Deliverables:
• Presentation slide deck, prepared in coordination with EPS, for each Virtual Town Hall Meeting
• Presentation slide deck for BIA, key property owner, and developer discussions
• Presentation slide deck for City commissions, committees, and boards stakeholder meetings
• Presentation slide deck for City Council meetings
F. Task 6: On-Call / As-needed services and special projects
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Consultant will advise and support staff as needed on housing-related questions or issues as they arise. Housing efforts are intricately linked to other fields such as real estate, finance, and economic development. As such, Consultant may assist in other special projects in the broader community development field including planning, economic development, and/or program implementation.
Consultant will assist with general as-needed services for miscellaneous items and studies as requested by staff.
Additionally, Consultant must perform all on-call Services in compliance with the following requirements:
i. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
ii. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the hourly rates in Exhibit C -1, Personnel Billing Rates, where applicable; an explanation of h ow the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”. iii. Contract Officer shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.
iv. The task shall be performed at a cost not to exceed the Task Budget. v. Consultant shall complete the task and deliver all deliverables to the Contract Officer by the Task Completion Date.
G. Task 7: CFD Fiscal Impact Analysis with project goals & objectives and in person meetings (WMF, Subconsultant)
Subtask 7.1 Establish Project Goals and Objectives
1. WMF will establish lines of communication and gain understanding of the specific goals, components, and criteria to meet the City’s needs. We will meet with City Staff, legal counsel, our team of consultants, and project proponents to identify each party’s responsibilities for the project.
2. WMF will outline the process leading toward calculation of the Fiscal Impact to City Services, including the consideration of review and input from the team, the development community, and City Council.
3. In consultation with City staff, WMF will Identify the project area to be included in the analysis (the whole City or part of it).
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4. In consultation with City staff, WMF will identify new developments which should be included in the CFD (all new development or certain land uses).
5. In consultation with City staff, WMF will Identify the City services that will be included in the analysis to be funded by the CFD.
6. WMF will develop a project schedule and milestones to set the final baseline schedule during the initial project kick -off process. The baseline schedule will be monitored and tracked by our team to meet the project milestones and manage critical path items. Adherence to the project schedule will require that information necessary to perform the fiscal impact analysis is readily available and delivered to WMF in a timely manner.
Subtask 7.2 Establish Project Goals and Objectives
1. Data Collection and Research - WMF will collect, and review data provided by the City, the latest assessor’s parcel maps, and equalized tax roll information from the Los Angelas County Assessor’s Office, and Geographic Information System (GIS) shape files using our in -house GIS platform.
2. Parcel Database - WMF will develop a parcel database of properties that can be included in the CFD, based on the decisions made in Task 1. The database will be in a format which can be used by the City. The City GIS Division will provide existing City data relevant to this study.
3. Service Level Analysis (SLA) - WMF will analyze data related to the services and ongoing maintenance activities the City provides, including annual costs. Based on the results of the analysis WMF will estimate the current baseline LOS provided by the City and compare it to the propos ed services to be funded by a CFD. Estimating the current base line, SLA and proposed SLA will be based on input from City Staff.
4. Estimate Revenues - WMF will estimate City revenues for the project area from various taxes such as property tax, sales tax, transient occupancy tax, etc. We will also estimate other recurring revenues to development, if applicable, based on accepted methodologies and inform ation provided by the City supporting this estimate.
5. Estimate Costs - WMF will estimate the cost of services for the project area for the current baseline SLA and the proposed SLA. We will allocate the cost to the project area based on accepted methodologies and information from the City supporting these estimates.
6. Develop Tax Spread Scenarios and Tax Rate and Structure Options - WMF will prepare a proposed special tax structure that takes into consideration the various land use classifications, proposed level of services, and provides the necessary flexibility to contemplate a variety of developments within
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the City. The special tax structure will take into consideration the clarity of language in the definition of terms, ability of the property to be assigned to different tax classifications, and presence of a mechanism to levy taxes in the event of a change in projects and usage.
7. Determine Net Fiscal Impacts - WMF will estimate the fiscal impacts to the City due to new development within the project area and provide recommendations to mitigate any identified negative fiscal impacts, including potential revenue generators such as special taxes. WMF will prepare a financial model that will evaluate the estimated annual revenues to be produced by and estimated annual expenditures that will be required by the proposed future development within the City. Through this analysis, WMF will estimate the net fiscal impact of the proposed development to the City’s General Fund for providing certain services the City desires to be captured. The services typically include but are not limited to public safety services and maintenance of various pub lic improvements, including streets, storm drains, open space and parks.
8. Prepare Fiscal Impact Report - WMF will prepare a summary report outlining key findings and assumptions of the Fiscal Impact Analysis for the City’s review. The report will document the review and analysis of data, methodologies used, fiscal impacts identified, and recommendations to be considered.
Subtask 7.3 Meeting Attendance
1. In Person Meeting Attendance - WMF will attend up to 6 (six) in person meetings with Stakeholders, City Staff and City Council/Council Subcommittees as needed and requested by the City. Telephone conference calls are not considered “meetings” for the purpose of our proposal and are not limited by our Scope of Services (virtual council meetings do not fall under this category).
H. Task 8: CFD Administration (WMF, Subconsultant)
Information Gathering
WMF will have a conference call with the City's Staff, legal counsel, team of consultants and project proponents to confirm the annexation schedule of events, procedural and financial considerations, establish the appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
Data Collection
WMF will obtain the latest assessor's parcel maps and secured tax roll information from the Los Angeles County Assessor's Office and Geographic Information System (GIS) shape files for our in -house GIS platform for the parcels within the proposed annexation.
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Timeline
WMF will coordinate with City staff to establish a schedule. WMF will prepare a timeline, based on the City's scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City staff and make adjustments as needed.
Annexation Boundary Map
WMF's team of engineers and GIS Specialists will prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district. The map shall m eet the requirements of the Mello -Roos Act and the Los Angeles County Recorder's Office. Additionally, WMF will record the map with the Recorder's Office.
Meeting Attendance
WMF will attend any necessary public meetings, as required by the appropriate improvement act(s), fully prepared to present necessary testimony and respond to public comments.
Primary Contact Toll Free Phone Number
WMF will serve as primary contact with the public regarding the special tax. WMF will provide a toll -free number for the City and all property owners to provide information with regards to the proposed CFO.
Landowner Election
WMF will prepare a list of the owner names and acreages for the City's legal counsel so they may obtain a certificate from the Registrar of Voters confirming whether there are, or are not, registered voters within the boundaries of the annexation.
Notice of Special Tax Lien
WMF will provide a list of Assessor's Parcel Numbers for the Notice of Special Tax Lien and record the notice.
I. Task 9: CFD Annexation (WMF, Subconsultant)
Information Gathering
WMF will have a conference call with the City's Staff, legal counsel, team of consultants and project proponents to confirm the annexation schedule of events, procedural and financial considerations, establish the appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
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Data Collection
WMF will obtain the latest assessor's parcel maps and secured tax roll information from the Los Angeles County Assessor's Office and Geographic Information System (GIS) shape files for our in -house GIS platform for the parcels within the proposed annexation.
Timeline
WMF will coordinate with City staff to establish a schedule. WMF will prepare a timeline, based on the City's scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City staff and make adjustments as needed.
Annexation Boundary Map
WMF's team of engineers and GIS Specialists will prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district. The map shall m eet the requirements of the Mello -Roos Act and the Los Angeles County Recorder's Office. Additionally, WMF will record the map with the Recorder's Office.
Meeting Attendance
WMF will attend any necessary public meetings, as required by the appropriate improvement act(s), fully prepared to present necessary testimony and respond to public comments.
Primary Contact Toll Free Phone Number
WMF will serve as primary contact with the public regarding the special tax. WMF will provide a toll -free number for the City and all property owners to provide information with regards to the proposed CFD.
Landowner Election
WMF will prepare a list of the owner names and acreages for the City's legal counsel so they may obtain a certificate from the Registrar of Voters confirming whether there are, or are not, registered voters within the boundaries of the annexation.
Notice of Special Tax Lien
WMF will provide a list of Assessor's Parcel Numbers for the Notice of Special Tax Lien and record the notice.
J. Task 10: As Needed Additional Funding Options (WMF, Subconsultant)
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Should a CFD not be the desired funding mechanism, WMF will evaluate the needs of the project and recommend potential additional funding options such as, but not limited to, parcels taxes, assessments, special taxes formed under the Landscaping and Lighting Act of 1972, Municipal Improvement Act of 1913, Impr ovement Bond Act of 1915, and Mello Roos Act of 1982, and Benefit Assessment Act of 1982.
Proposed Fee Schedule:
Service Fees
Community Facilities District Formation1 $30,000 per formation Community Facilities District Annexation $4,500 to $6,000 per annexation
Community Facilities District Bond Issuance $35,000 per issuance2 Additional Funding Options Time & Materials (TBD)3
For the services performed related to the projects which are not listed, compensation shall be at the hourly rates set forth on Exhibit C-1, together with reimbursement, at cost, for incidental expenses incurred in connection with such services, together with reimbursement for outside services at cost plus 15%.
Additionally, Consultant must perform all on-call Services in compliance with the following requirements:
(i) Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
(ii) Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the hourly rates in Exhibit C -1, Personnel Billing Rates, where applicable; an explanation of h ow the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.
(iii) Contract Officer shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed.
1 Per CFD/Improvement Area or Zone. Each additional Zone or Improvement Area is $7,500. 2 Depends on the complexity and size of the CFD or Improvement Area. 3 Fee will be based upon the rate schedule under Exhibit C-1
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(iv) The task shall be performed at a cost not to exceed the Task Budget. (v) Consultant shall complete the task and deliver all deliverables to the Contract Officer by the Task Completion Date.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Kickoff Agenda, summary of actions and assignments from the kickoff meeting B. Prototype presentation to staff
C. Analysis and studies including, but are not limited to, commercial and industrial nexus study, in-lieu fees, sensitivity analyses, and comparable jurisdictions.
D. Draft report(s) describing methodology findings and recommendations from inclusionary zoning feasibility and commercial and industrial and linkage nexus fee analysis.
E. Presentation slide decks for various meetings including Virtual Town Hall, stakeholder, commissions, and council meetings.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Summary of progress to City staff on a monthly basis either by email or by videoconference per City staff direction.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Tara Matthews, Principal (Principal-in-Charge)
B. Brandon Fender, Senior Associate (Project Manager)
C. Mark Sawicki, Director
D. Dena Fuentes, Director
E. Jenny Benitez, Senior Analyst
F. Webb Municipal Finance (“WMF”, Subconsultant)
1. Heidi Schoeppe, President/ Managing Director, Chief Compliance Officer
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2. Matt Chesney, Senior Finance Manager
3. Brent Hower, Finance Manager
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Section 3.4, “Term,” of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) one (1) years from the date hereof which is April 1, 2030, except as otherwise provided in the Schedule of Performance (Exhibit “D”) (the “Term”).
Section 4.5, “Prohibition, Against Subcontracting or Assignment” is hereby amended to read in its entirety as follows:
“4.5 Prohibition, Against Subcontracting or Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.
No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
The City is approving Webb Municipal Finance (WMF) as the Subconsultant to perform work described in the Scope of Services.”
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09999.0001/1054522.1 C
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the ir personnel billing rates under Exhibit C -1 and not to exceed the following sub-budget, unless approved by the Contract Officer:
TASK SUB-BUDGET
A. Project Initiation $24,755
B. Development Prototypes, Market
Research, and Pro Forma Analysis
$31,045
C. Inclusionary Feasibility Analysis, In-
Lieu Fee, and Commercial Nexus Study
$34,840
D. Draft Report(s) & Ordinance $18,110
E. Stakeholder Meetings and City Council
Meetings
$23,235
F. On-Call Services (Housing, Community
Development, Planning and other
Special Projects)
$150,000
G. CFD Fiscal Analysis with project goals
& objectives and in person meetings
$67,111
H. CFD Administration
• $6,000 to $10,000 per year
$30,000 to $50,000
I. CFD Annexation
• $4,500 per annexation in 2025
• $5,000 per annexation in 2026
• $5,500 per annexation in 2027
• $6,000 per annexation in 2028-
2030
$80,000
J. As Needed Additional Funding Options
(Time & Materials)
• CFD Formation $30,000
• CFD Bond Issuance $35,000
• Additional Funding Options
(T&M)
$50,000
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
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A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed $ 529,096 as provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
09999.0001/1054522.1 C-1
EXHIBIT “C-1”
PERSONNEL BILLING RATES
LABOR CATEGORY HOURLY RATE
Principal / Director $275
Senior Associate $200
Associate $185
Senior Analyst $150
Analyst $135
Research Assistant $125
Technician $100
Clerical $60
Reimbursable Expenses Cost plus 10%
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SUBCONSULTANT (WMF) BILLING RATES
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Description Deadline Date
A. Task 1 Project Initiation April 2025
B. Task 2 Prototypes, Market & Pro Forma Analysis August 2025 C. Task 3 Feasibility Analysis & Nexus Study September 2025 D. Task 4 Report(s) & Ordinance November 2025
E. Task 5 Meetings (e.g., stakeholders, Council) March 2026 F. Task 6 As-needed Special Projects TBD
G. Task 7 CFD Fiscal Impact Analysis Novembe 2025
H. Task 8 CFD Administration Ongoing
I. Task 9 CFD Annexation As-Needed
J. Task 10 As-needed Additional Funding Options TBD
II. Consultant shall deliver the following tangible work products to the City by the following dates.
Work Products Deadline Date
Project Initiation April 15, 2025
Development Prototypes, Market Research, and
Pro Forma Analysis
August 31, 2025
Inclusionary Housing Feasibility Analysis, In-
Lieu Fee (maximum supportable fee), and
Commercial Nexus Study, which collectively
includes In-Lieu Fee Analysis, Sensitivity
Analysis, Comparable Jurisdiction research)
September 30, 2025
Draft Report(s) & Ordinance, including
summary fee matrix
November 30, 2025
Stakeholder Meetings & City Council Meetings March 31, 2026
09999.0001/1054522.1 D-2
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
RESOLUTION NO. 25-042
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 20 24-25 BUDGET TO ALLOCATE $508,725 OF INTERIM DEVELOPMENT IMPACT FEES – ADMINISTRATION FOR PURPOSES OF
ESTABLISHING A PERMANENT DEVELOPMENT IMPACT FEE PROGRAM &
NEXUS STUDY
WHEREAS, the City Council adopted the Fiscal Year 2024-25 (FY 2024-25) budget on June 18, 2024 for the General Fund and Special Revenue Funds of the City via Resolution No. 24-056; and
WHEREAS, the City of Carson established the Interim Development Impact Fees Ordinance under Ordinance No. 19-1931 and have set aside a portion of the collected fees for the purposes of establishing a permanent Development Impact Fee program; and
WHEREAS, to effectuate the forgoing, the City Council has determined it necessary to approve an amendment to the City’s FY 2024-25 budget, effective July 1, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following amendments will be made to the City’s FY 2024-25 budget.
Account Number Program & Object Description Amount
289-70-701-100-6004 Professional Services $508,725 Increase 289-99-999-999-3601 Fund Balance Unassigned $508,725 (Decrease)
Section 2. This resolution shall take effect retroactive to July 1, 2024.
Section 3. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY 24-25 budget on file, and effective as of July 1, 2024, the same shall be in force and effect.
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025.
_______________________________
Lula Davis-Holmes, Mayor
ATTEST:
_______________________________
Dr. Khaleah K. 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 K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-042, adopted by the City of Carson City Council at its meeting held on April 1, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, April 1, 2025, 5:00 PM
CONSENT 28. To: Honorable Mayor and City Council From: McKina Alexander, Senior Planner CD Administration Subject: CONSIDER CARSON'S 2024 ANNUAL HOUSING ELEMENT PROGRESS REPORT (CITYCOUNCIL) I. SUMMARY
California State Housing law requires all cities with certified Housing Elements to file an Annual Progress Report (APR) with the California Housing and Community Development Department (HCD) identifying the status of the plan, the progress in the plan’s implementation, and the progress the City has made in meeting its share of the regional housing needs determined by the Southern California Association of Governments’ (SCAG) Regional Housing Needs Assessment (RHNA), Exhibit 1.
The Housing Element includes a series of implementing programs that are required to be implemented after the adoption of the General Plan. The City is required to provide annual updates to HCD with the City’s progress with the implementation of these programs.
II. RECOMMENDATION
TAKE the following actions:
1. REVIEW Carson’s 2024 Annual Housing Element Progress Report.
2. RECEIVE and FILE.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
On October 18, 2022, the 2021-2029 Housing Element was adopted by the City Council. The adopted Housing Element was submitted for final review and certification by HCD on November 3, 2022. The 2021-2029 Housing Element was conditionally approved by HCD on November 8, 2022, subject to the City completing the necessary rezones addressing the shortfall of sites to accommodate the RHNA pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), Exhibit 2.
The 2021-2029 RHNA allocated Carson a housing need of 5,618 units, consisting of 1,770 very-low-income households (0-50% AMI); 913 low-income households (51-80% AMI); 875 moderate-income households (81- 120% AMI); and 2,060 above-moderate-income households (120% AMI). This is a significant increase from the prior cycle’s allocation of 1,698 new units.
The adopted Housing Element sets out to accomplish the following:
1. Maintain and rehabilitate Carson’s existing housing stock.
2. Encourage the development of a variety of housing to meet needs of the broad spectrum of the community, with a particular emphasis on multifamily housing, and development standards that facilitate housing production.
3. Preserve affordable housing “at risk” of conversion and promote additional affordable housing development.
4. Promote and preserve housing opportunities for persons with special needs, including lower income households, large families, single parent households, disabled persons, the elderly, and persons experiencing homelessness.
5. Provide housing opportunities to all persons regardless of race, religion, ethnicity, ability, sex, age, marital status, household composition, or other arbitrary factor.
6. Conserve natural resources and reduce energy consumption in all areas of residential development.
Housing Element Program Implementation
The adopted Housing Element also contained its goals and policies with the Housing Programs implementation outlining seventeen (17) specific actions the City will take addressing its housing needs, see Exhibit 3.
The APR incorporates the Programs Implementation to track the City’s progress over the RHNA 2021-2029 Cycle.
RHNA Cycle 6 (2021 through 2029) Units Built
2022
Six (6) building permits were issued.
Nineteen (19) accessory dwelling units were constructed and certificates of occupancy certificates were issued.
2023
One hundred fifteen (115) building permits were issued (68 accessory dwelling units, one residence, and 46 homes within the Carson Landing Condominium development).
Sixty (60) certificates of occupancy were issued (constructed 13 accessory dwelling units and 47 homes within the Carson Landing Condominium development). 2024
Building Permits: Eighty-six (86) units were issued permits to begin their respective construction in 2024:
Twenty-two (22) Accessory Dwelling Units;
Thirty-two (32) unit Birch condominium project located at 21809-21811 Figueroa Street; Nineteen (19) units for the Kim apartment project located at 21240-21250 Main Street; and Thirteen (13) units for the 32-unit Willow condominium project located at 421 E. 220th Street, and 421- 425 Willow Run Lane.
Certificate of Occupancy (“Certificates”): A total of sixty-nine (69) permits were issued in 2024:
Thirty-seven (37) accessory dwellings were completed;
Twenty-three (23) homes were completed within the Carson Landing Condominium development, completing the project; and
Nine (9) units were completed within the Moshar Condominium project located at 121-123 E. 223rd Street.
Ministerial and Entitlement Projects
During this 2024 calendar annual progress reporting year, a total of 21 dwelling units were processed administratively (ministerial); and 1,362 dwelling units were entitlement projects processed as discretionary applications. The following are the City’s housing progress for these types of projects:
Twenty (20) accessory dwelling units processed administratively; Status: pending.
One single-family dwelling was processed administratively (20808 Jamison Avenue); Status: pending.
Three hundred thirty-six (336) rental units and seven hundred seven (707) condominium units totaling one thousand forty-three units (1,043) for the Envision Carson entitlement project (21207 Avalon Blvd.); Status: Pending
Four (4) condominiums for the Willow (former name Cambria Court) entitlement project (427 E. 220th Street.); Status: pending.
Two hundred eighty-three (283) townhomes and thirty-two (32) very low-income affordable rental units totaling 315 dwelling units for the Carson Triangle entitlement project (21140, 21212, and 21126 Avalon Blvd.); Status: approved.
Thirty-four (34) townhomes for the Maupin development entitlement project (215 W. Carson Street); Status: Approved.
Fifty (50) townhomes for the Anastasi Development entitlement project (336 E. Carson Street); Status:
Approved.
Rehabilitation
Twenty-eight (28) residential housing units and four (4) mobile homes were rehabilitated using the City’s Neighborhood Pride Program which is funded by Community Development Block Grant funds.
The Annual Progress Report (APR) Status
The APR identifies the total number of units by income level that SCAG allocated for Carson’s 6th Housing Cycle for the period between 2021 and 2029. The total RHNA allocation is 5,618 units.
During the 2022 calendar year, 5,148 was the outstanding units need. The City produced 153 units in 2023 and 69 units during this Cycle. Subsequently, a total of 4,926 outstanding units need to be produced during the rest of the Cycle.
The State-provided 2024 RHNA Annual Element Progress Report (Exhibit No. 1) is not showing the correct housing data from Calendar year 2021 resulting in an inaccurate number of remaining RHNA housing units (5,379) in the Summary. HCD has confirmed they are working on resolving this this matter.
Diverse Housing Relevance
It is imperative that the City continue to implement the Housing Element by encouraging and maintaining diverse and affordable housing because noncompliance with the HCD-required affordable housing allocations could result in the loss of the State housing funds.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. City of Carson - 2024 Regional Housing Needs Allocation Annual Element Progress Report
2. City of Carson - 2024 Housing Element Annual Progress Report Summary
3. Housing Element APR Housing Implementation Programs
4. Housing and Community Development Department letter dated November 8, 2022 Prepared by: McKina G. Alexander, Senior Planner / Saied Naaseh, Community Development Director
Attachments
Ex. 1 - 2024 RHNA Progress
Ex. 2 - 2024 Housing Element Annual Progress Summary
Ex. 3 - 2024 HE APR Housing Implementation
Ex. 4 - HCD Letter dated 110822
Jurisdiction Carson ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 2,060 11 21 6 115 86 - - - - - 239 1,821 5,618
11 21 6 115 86 - - - - - 239 5,379 5 6 7
Extremely low-
Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
885 - - - 4 - - - - - 4 881 VLI Deed Restricted
VLI Non Deed Restricted
913
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 875
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate
1,770
913
875
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,770
Jurisdiction Carson
Reporting Year 2024
Housing Element Planning Period6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
86 86
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 399 64 32
Accessory Dwelling Unit 0 22 37
Mobile/Manufactured Home 0 0 0
Total 399 86 69
Infill Housing Developments and Infill Units Permitted # of Projects Units 28 86
0 0
33 1,383
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units# of Projects Units SB 9 (2021) - Duplex in SF Zone 1 2
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 21 21
Discretionary 12 1362
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 2 Number of Units in Applications Submitted Requesting a Density Bonus315 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 17 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Jurisdiction Carson
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1. Residential
Rehab (Neighborhood
Pride Program, CDBG
Funds)
Provide financial assistance via loans &
grants to provide basic housing repairs
and remedy code violations. Assist a
minimum of 25 single-family units and
mobile home units (200 housing units
over the 8-year planning period)
annually City provided funding and facilitated rehabilitation of 17 single family and 17 mobile home units. City will continue to fund this program.
Program 2. Home Owner-
Occupied Rehab Program
(deferred payment loans)
Continue seeking HOME funding as
available and rehabilitate low- and very-
low-income households during the
planning period
ongoing
City did not apply for HOME funding to rehabilitate of single-family dwellings for low and very low-income households with shortages of staff who are administering the CDBG funded rehab program. City will consider applying for HOME in the future if resources are available.
Program 3. Foreclosure
Registration Program
Register foreclosed residential
properties as necessary and collect
registration fees from financial
institutions and beneficiaries
annually On Going, City will continue to administer the Foreclosure Registration Program to collect registration fees from financial institutions and beneficiaries
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Program 4. Affordable
Housing Strategy
Promote accessible affordable housing
and reduce affordability gaps in the City
by employing a number of approaches:
provide City-owned land at reduced cost
to affordable housing developers;
developer incentives; partner with
CSUDH to expand family housing
opportunities; and other mechanisms to
facilitate new affordable housing
development and sustain affordable
homeownership opportunities
ongoing and annually
1. The Council consideration of an award pursuant to the RFP is scheduled for April 1, 2025. The kick-off joint meeting is expected to occur in April 2025.
Through the RFP, the City's selected a consultant will study the following topics.
Include discussing negotiation strategy with developers to provide on-site affordable housing •To consider adoption of Inclusionary Housing Ordinance and in lieu fee by the City Council.
•To consider adoption of market rate residential, commercial/industrial development housing linkage fee.
•To consider adoption of developer incentives or other mechanisms to facilitate development of new affordable housing sufficient to meet the City’s lower- income RHNA needs.
2. City has held discussions with an affordable housing builder who has informed the City both of our sites will not be in a DDA or QCT starting in 2024 which removes a 130% eligible basis boost that the developer was counting on in their underwriting. City will continue to discuss development of this site with developers.
Program 5. Zoning
Ordinance Update
Help overcome several governmental
constraints to development and
facilitate housing production
ongoing
City newly adopted a new zoning code that went into effect April 19, 2024, which includes provisions to facilitate housing development including multifamily development standards, condominium standards, parking, objective design standards
Program 6. Streamlined
Development Standards
Facilitate the development of housing by
implementing streamlined development
and review standards. Remove
constraints to the development of
affordable housing and comply with
State law that
promotes streamlined development;
Mitigate and reduce environmental
constraints while facilitating
development.
ongoing
The adopted Zoning Code allows completely affordable housing projects to be reviewed through an administrative process. City has streamlined the development review process including Planning and Building and Safety review processes and will continue to work to reduce review and permitting times.
Carson Civic Access, the city’s new on-line application and permitting portal launched in mid-2024. The Carson Civic Access portal streamlines application review and interdepartmental and interdepartmental coordination.
Program 7. Density Bonus
Foster the development of higher
density affordable housing where
appropriate. Amended the Planning and
Zoning Code to ensure that the Density
Bonus Program remains in compliance
with State law and incorporates
additional density bonuses available
through provision of community
benefits
ongoing
The newly adopted Zoning Code includes provisions to foster development of higher density affordable housing consistent with State Law density bonus provisions. The City is in the process of drafting an RFP to consider adopting additional density bonuses available through provision of community benefits.
City hired a consultant to complete this task and expects to start in April 2025.
City expects to consider this item in 2025.
Program 8. Accessory
Dwelling Units
Ensure compliance with State law, with
anticipated 17 ADUs annually based on
recent
development trends (136 ADUs over an
eight-year period)
ongoing and annuallyThe newly adopted Zoning Code includes provisions to ensure compatibility with ADU provisions of state law
Program 9. Adequate
Residential Sites and no
Net Loss
Provide and maintain adequate sites to
accommodate the City’s RHNA and
affordable housing goals
ongoing
The newly adopted Zoning Code includes provisions to ensure adequate residential sites are aviaible to meet City’s RHNA obligations. City has prepared a draft policy to maintain and monitor the Housing Sites Inventory. The Policy will implement a formal ongoing (project-by-project) evaluation procedure pursuant to the “No Net Loss” provisions set forth in Government Code Section 65863.
Should the approval of a development result in a reduction of capacity or assumed affordability below the residential capacity needed to meet City’s RHNA obligations or otherwise identify and zone sufficient sites to accommodate any shortfall.
Program 10. Preservation
of at-risk Affordable
housing units
Preserve the 673 Carson Housing
Authority-assisted affordable units and
encourage the 130 HUD-assisted
affordable units to extend their
contracts; Ensure no net loss of units;
Enforce residential replacement
provisions pursuant to State law
ongoing
City Council considered and approved the Carson Housing Authority’s Annual Report on March 18, 2024, to comply with this Program and preserve Housing Authority assisted affordable units.
Program 11. Mobil Home
Park Maintenance and
Preservation
Preserve affordable housing stock to the
maximum extent possible with the
maintenance and preservation of mobile
home units. Enact programs that
encourage the preservation of the parks
or ensure financial
assistance to residents to reduce any
adverse impacts that result from such a
closure. This program is divided into
four approaches.
ongoing
The City through the Neighborhood Pride Program will continue to provide rehabilitation grants and loans. The City through the implementation of the Rent Control CPI Ordnance will continue to protect the affordability of mobile home units.
The newly adopted Zoning Code includes the Mobilehome District (MHD) Overlay Zone. The purpose of the MHD is to maintain, preserve, and promote mobilehome parks as an important source of affordable rental housing. The MHD Overlay Zone applies to existing mobile home parks in the City.
The newly adopted Zoning Code includes provisions updated the relocation impact report section of the code for mobilehome park closures and brought it into compliance with State law as amended by AB 2782.
Program 12. Rental
Assistance
Provide assistance to at least 100
households annually; Encourage the
retention of at least 272 Section 8
vouchers; Provide CARES Act
emergency funds as available.
ongoing City does not administer Section 8 Housing in Carson which is the responsibility of Los Angeles County.
Program 13. Special Needs
Housing
Remove potential constraints tied to the
CUP requirement for community care
facilities of seven • Facilitate the
development of housing for persons
with disabilities, including
developmental
disabilities.
• Educate residents about the
reasonable accommodation ordinance
and Residential Rehabilitation
Program.Facilitate the development of
housing for extremely-low-income
households and persons
experiencing homelessness.
ongoing
The newly adopted Zoning Code allows residential care facilities as a by-right use in all residential zoning districts. The newly adopted zoning code includes the following subcategories: General Residential Care, Limited Residential Care, Senior residential Care uses, General Hospice, Limited Hospice, and Congregate Living health Facilities. The newly adopted zoning code includes Emergency Shelter as a permitted use by right in all mixed use zones.
The newly adopted zoning code treats Transitional and Supportive Housing as residential uses in all residential and mixed use zones subject to only to those restrictions that apply to other residential uses.
The newly adopted zoning code permits Low Barrier Navigation Centers by right in all mixed-use and non-residential zones permitting multifamily uses, consistent with AB 101.
Los Angeles County has been pursuing acquisition of the Extended Stay America (Weingart Center project) located at 401 E. Albertoni Street in Carson, as a Project Homekey project for the benefit of Carson homeless residents.
Program 14. Affirmatively
Furthering Fair Housing
Affirmatively further fair housing in
Carson by removing or reducing
constraints on the
development of housing appropriate for
protected groups, promoting fair
housing choice, and providing
fair housing services
ongoing
As stated above, the newly adopted zoning code includes provisions to reduce constraints on the development of housing for protected groups. City funds the Housing Rights Center through the CDBG program to ensure promotion of fair housing and fair housing services.
Program 15. Energy
Conservation
Facilitate energy conservation in
housing development ongoing Planning and Building and Safety facilitate energy conservation in housing developments through enforcement of Title 24.
Program 16. Commercial
to Residential
Conversions
Facilitate the conversion of commercial
and non-vacant use to residential useongoing
The newly adopted zoning code includes provisions in mixed use districts to permit multi-unit residential projects as a by right use to facilitate the conversion of commercial areas to residential use. The City rezoned nearly all its commercial areas to mixed use districts to further this goal.
Program 17. Neighborhood
Improvements
• Continue to prioritize the City’s annual
budget, Capital Improvement Plan (CIP),
CDBG funds, and Housing Set-Aside
(Carson Housing Authority) funds
according to areas of high need and
ensure equitable distribution of funds,
especially in lower income and/or lower
resource areas; • Focus neighborhood
improvement projects in lower-income
areas to support new construction of
housing units, enhancing mobility and
connectivity to higher resource and/or
higher income areas, access to services
and amenities, safe routes to school,
etc. Examples of this include working
with other agencies to create a
pedestrian/bike linkage along the
Dominguez Channel that will link several
lower-resourced neighborhoods to
opportunities (see detailed policies for
this in the General Plan)
• Identify and complete a minimum of
one improvement project annually in
lower income and/or lower resource
areas
• Facilitate the inclusion of local-serving
commercial uses in mixed-use
development and encourage
development of neighborhood retail,
especially grocery stores, near existing
neighborhoods. In
ongoing
City’s Engineering Division has an aggressive schedule to repave residential streets in lower income and/or lower resource areas. They have recently paved residential streets bounded by Wilmington, Dominguez St, and the Dominguez channel, a low resource area. Traffic Engineer conducted public outreach for the future Active Transportation Plan.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
N
ovember 8, 2022
D
avid Roberts, City Manager
City of Carson
701 E. Carson Street
Carson, CA 90745
D
ear David Roberts:
R
E: City of Carson’s 6th Cycle (2021-2029) Adopted Housing Element T
hank you for submitting the City of Carson’s (City) housing element adopted on September 6, 2022, and received for review on September 9, 2022 with technical modifications received on October 12, 2022 and November 3, 2022, as authorized by Resolution number 2022-193. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
T
he adopted housing element meets the statutory requirements of State Housing Element Law (Gov. Code, Article 10.6). However, the housing element cannot be found in full compliance until the City has completed necessary rezones to address the shortfall of sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021).
P
ursuant to AB 1398, a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c) (1) (A) are completed. As this year has passed and Program 5 (Zoning Ordinance Update) has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed. Once the City completes the rezone, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.
A
dditionally, the City must continue timely and effective implementation of all programs including, but not limited to, the following:
• Program 1 (Residential Rehabilitation Grant Program)
• Program 4 (Affordable Housing Strategy)
EXHIBIT NO. 2
David Roberts, City Manager