CITY OF CARSON
SUCCESSOR PROJECT LABOR AGREEMENT
This successor Project Labor Agreement (“Agreement”) is entered into by and between the City of Carson and its successors or assigns, (“City”), the Los Angeles/Orange Counties Building and Construction Trades Council (“Council”), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the “Union” or “Unions”). This Agreement establishes the labor relations Policies and Procedures for the City and for the craft employees represented by the Unions engaged in the City’s Improvement Projects as more fully described below. The City, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”
It is understood by the Parties to this Agreement that if this Agreement is acceptable to the City, it will become the policy of the City for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as “Attachment A”), and to require each of its subcontractors, of whatever tier, to become bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City.
ARTICLE 1
DEFINITIONS
Section 1.1 "Agreement" means this Project Labor Agreement.
Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.
Section 1.3 "Construction Contract" and "Construction Contracts" means any contract entered into by the City, as described by Section 2.2.
Section 1.4 “Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City's or contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement.
Section 1.5 "City" means the City of Carson.
Section 1.6 "Joint Labor/Management Apprenticeship Program" as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards. 01007.0002 2048053.1
City of Carson 2 Project Labor Agreement
Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form attached hereto as Attachment A.
Section 1.8 "Project," "City Project" or “Project Work” means the construction work to be performed on City property or within easements secured by the City consisting of the construction of public projects, as defined in Section 22002 of the California Public Contract Code, pursuant to a Construction Contract entered into by the City, as more fully described in Article 2, below.
Section 1.9 “Specialty Contracts” means a contract for Project Work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work.
Section 1.10 “Master Labor Agreements” or “MLA” as used in this Agreement means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.
Section 1.11 “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of a Master Labor Agreement.
Section 1.12 “Local Residents” means individuals identified in Section 3.5, who are employed by Contractors as craft employees to perform Project Work and have priority in being dispatched by the respective Unions.
Section 1.13 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.
ARTICLE 2
SCOPE OF THE AGREEMENT
Section 2.1 General This Agreement shall apply and is limited to all of the City’s Project Work, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier that have contracts awarded for such work, for the development of the City’s facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation.
Section 2.2 Specific The work covered by this Agreement is defined and limited to:
(a) All construction and rehabilitation work pursuant to prime multi-trade contracts that exceed $250,000.00 and all subcontracts arising from these prime contracts; and 01007.0002 2048053.1
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(b) All prime Specialty Contracts that exceed $50,000.00, and all subcontracts arising from these Specialty Contracts;
(c) It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not set forth in subsections (a) and (b), above.
(d) This Agreement is not intended to, and shall not apply to any work advertised for bids or performed at any time prior to the effective date of this Agreement, or after the expiration or termination of this Agreement, except as otherwise provided herein. This Agreement shall in no way limit the City’s right to terminate, modify or rescind any construction contract and/or any related subcontract or agreement. Should the City remove or terminate any contract or agreement for construction that does not fall within the scope of this Agreement and thereafter authorize that work be commenced on any contract for such construction, the contract for construction shall be performed under the terms of this Agreement if the work is not excluded per Section 2.5. (e) Project Work shall also include renewable energy projects, including, but not limited to, electric vehicle infrastructure, solar photovoltaics, battery energy storage, microgrids and hydrogen electrolysis, if funded in whole or in part by the City, constructed on property owned by the City, or the City receives state/federal grant funding for the project in whole or in part.
Section 2.3 Bundling of Contracts The Parties understand that, to the maximum extent feasible, and consistent with goals of the City to (i) utilize this Agreement as the labor relations policy for its construction and rehabilitation program and (ii) fully utilize the services of local small business enterprises for such construction and rehabilitation work:
(a) The City, in its sole discretion, will seek to group (or “bundle”) for bidding, contracts not meeting the thresholds of Section 2.2 (a) or (b) above. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and
(b) Project Work will not be split, divided, or otherwise separated for contract award purposes to avoid application of this Agreement.
Section 2.4 This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.
Section 2.5 Exclusions Items specifically excluded from the Scope of this Agreement include the following:
(a) Work of non-manual employees, including but not limited to: superintendents; supervisors; staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees; 01007.0002 2048053.1
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(b) Equipment and machinery owned or controlled and operated by the City; (c) All off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of materials or goods between locations on a Project site are within the scope of this Agreement and further included are the hauling/delivery of soil, sand, gravel, aggregate rocks, concrete, asphalt, excavation materials, fill material and construction debris which shall be covered by this Agreement;
(d) All employees of the City, Community Workforce Coordinator, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Surveyors and Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the PLA. (This inclusion applies to the scope of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Inspector performing under the Wage classification of Surveyor and Building/ Construction Inspector and Field Soils and Material Testers under a professional services agreement of a construction contract shall be bound to all applicable requirements of the PLA.) Covered Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded;
(e) Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by the City or its Contractors (for work for which is not within the scope of this Agreement); (f) Off-site maintenance of leased equipment and on-site supervision of such work; (g) It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment, and systems without incident; (h) Non-construction support services contracted by the City, Community Workforce Coordinator, or Contractor in connection with this Project; (i) Off-site laboratory work for testing;
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City of Carson 5 Project Labor Agreement
(j) Any work that would ordinarily be subject to this Agreement, but has been deemed immediately required as a result of a local emergency, in accordance with the emergency contracting procedures set forth in Section 22050 of the Public Contract Code Section 2.6 Awarding of Contracts
(a) The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project to any Contractor notwithstanding the existence or nonexistence of any agreements between such Contractor and any Union parties, provided only that such Contractor is willing, ready and able to execute and comply with this Project Labor Agreement should such Contractor be awarded work covered by this Agreement. (b) It is agreed that all Contractors and subcontractors of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Project Labor Agreement, and shall evidence their acceptance by the execution of the Letter of Assent as set forth in Attachment A hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later. (c) The City agrees that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, it will use its best efforts to purchase materials, equipment and supplies which will not create labor strife. Under all circumstances, however, the City shall retain the absolute right to select the lowest reliable and responsible bidder for the award of contracts on all projects.
Section 2.7 Coverage Exception
(a) This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority.
(b) If any Article, section, clause or provision of this Agreement may not be enforced due to restrictions from a State or Federal funding source, the Parties shall immediately suspend 01007.0002 2048053.1
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the operation of such Article, section, clause or provision, provided, however, that the remainder of this Agreement shall continue in full force and effect.
Section 2.8 Master Labor Agreements
(a) The provisions of this Agreement, including the MLAs, (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over the work on the Project, as such may be changed from time-to-time and which are incorporated herein by reference) shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreement which may conflict with or differ from the terms of this Agreement.
However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a MLA and not covered by this Agreement, the provisions of the MLA shall prevail. Any dispute as to the applicable source between this Agreement and any MLA for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 10. (b) It is understood that this Agreement, together with the referenced MLA’s, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Project Labor Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Participation Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described herein, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.
Section 2.9 Workers’ Compensation Carve-out The Parties recognize the potential which the Project Work may provide for the implementation of a cost effective workers’ compensation system, as permitted by revised California Labor Code Section 3201.5, and it is understood that the City may review of the value of such a program. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the City for the development, and subsequent implementation, of an effective program involving improved and revised dispute 01007.0002 2048053.1
City of Carson 7 Project Labor Agreement
resolution and medical care procedures for the delivery of workers’ compensation benefits and medical coverage as permitted by the California Labor Code.
Section 2.10 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.
Section 2.11 Other City Work This Agreement shall be limited to the construction work within the Scope of this Agreement including, specifically, site preparation and related demolition work, and new construction and major rehabilitation work for new or existing facilities referenced in Section 2.2 above. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City Employees or contracted for by the City for its own account, on its property or in and around a Project site.
Section 2.12 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor.
Section 2.13 Completed Project Work As areas of covered work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, checkout and/or warranties functions required by its contract(s) with the City.
ARTICLE 3
UNION RECOGNITION AND EMPLOYMENT
Section 3.1 Recognition The Contractor recognizes the Council and the signatory local Unions as the exclusive bargaining representative for the employees engaged in Project Work.
Contractors further recognize that the Unions shall be the primary source of all craft labor employed on City Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below. The Council shall be permitted to hand a banner not to exceed 20’ by 20’ at the Project that the Project is being built by the Council’s workforce.
Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, unless expressly limited or required by a specific provision of this Agreement or an MLA. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any required reporting pay; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through the procedures endorsed in this Agreement. 01007.0002 2048053.1
City of Carson 8 Project Labor Agreement
Section 3.3 Referral Procedures
(a) For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.
(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The local Unions will work with their affiliated regional and national unions, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City.
(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor.
Section 3.4 Non-Discrimination in Referral, Employment, and Contracting The Unions and the Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status, disability, or any other characteristic protected by federal, state or local law. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City’s policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.
Section 3.5 Employment of City Residents
(a) The Unions and Employers agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft “Local Residents” as defined herein, to fulfill the 01007.0002 2048053.1
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requirements of the Employers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agree to support the hiring of workers from the residents of these surrounding areas. Towards that end, the Parties hereby establish a goal that 30% of all construction labor hours worked on the Project shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing: first within a three (3) mile radius of City Hall, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment “B.”, If the 30% local hire is not attained utilizing these Local Residents, the outreach shall expand, second to qualified employees who reside within a five (5) mile radius of City Hall, as reflected on Attachment “B.” If the 30% local hire is still not attained utilizing these Residents, the outreach shall expand, third to qualified employees who reside within a ten (10) mile radius of City Hall, as reflected on Attachment “B.” If the 30% local hire is still not attained utilizing these Residents, the outreach shall expand, fourth to other qualified employees which reside in the County of Los Angeles. For dispatch purposes, employees described in this Section 3.5(a) shall be referred to as “Local Residents.”
(b) A goal of 30% of the total work hours performed on the Project shall be from qualified workers described in (a) above. In addition, a goal of 5% of the total work hours shall be from transitional workers who reside within a ten (10) mile radius of City Hall, as reflected on Attachment “B.”
(c) The Unions shall coordinate with community-based job placement organizations, such as City of Carson Job Clearinghouse, the Workforce Investment Network (WIN), as well as others, to ensure transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are referred to the Unions from such organizations. The community-based job placement organizations shall prescreen any applicant prior to referral to the Unions. Drug screening will be a prerequisite to employment. The following criteria will be used to identify transitional workers:
- having a gross household income below 50% of the Los Angeles County median; - being homeless;
- a welfare recipient;
- having a history of involvement with the justice system; - being unemployed for the previous three (3) months; or - a custodial single parent.
For the applicant to qualify under this program, the community-based job placement organizations shall verify the presence of at least one of the above criteria for those applicants referred to the Unions.
(d) Contractors and Unions will administer this local residency and transitional worker preference and shall maintain adequate records to demonstrate that local residency and transitional worker preferences have been pursued. The City has the authority to review such records to ensure compliance.
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City of Carson 10 Project Labor Agreement
Section 3.6 To facilitate the dispatch of local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as Attachment C. When local residents, transitional workers, veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program are requested by the Employers, the Unions will refer such workers regardless of their place in the Unions’ hiring halls’ list and normal referral procedures.
Section 3.7 Helmets to Hardhats The Employers and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified City resident to provide the Unions with proof of his/her status as an Eligible Veteran.
The Unions and Employers agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
Section 3.8 Core Employees
(a) Contractors which are not independently signatory to a Master Labor Agreement may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. This provision applies only to Contractors which are not independently signatory to a Master Labor Agreement and is not intended to limit the transfer provisions of the MLA of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the Union referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site. 01007.0002 2048053.1
City of Carson 11 Project Labor Agreement
(b) The core work force is comprised of those employees whose names appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade; and who have worked at least two-thousand (2,000) hours in the construction craft in which they are employed, during the prior four (4) years immediately prior to the award of Project Work to the Contractor.
(c) Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the core employee’s qualification as a core employee to the Council. (d) Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above.
Section 3.9 Time for Referral If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union of any applicants hired from other sources within forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, if any, prior to their first day of employment at a project site.
Section 3.10 Lack of Referral Procedure If a signatory local Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.
Section 3.11 Union Membership Employees are not required to become or remain union members or pay dues or fees as a condition of performing Project Work under this Agreement.
Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 3.11 is intended to supersede independent requirements of applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreements and as to the employees of those Contractors who are performing Project Work.
Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that group and/or classification seniority in a Union’s MLA as of the effective date of this Agreement shall be recognized for purposes of layoffs.
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City of Carson 12 Project Labor Agreement
Section 3.13 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.
Section 3.14 Out of State Workers In determining compliance with the targeted hiring goals of Section 3.5 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation.
ARTICLE 4
UNION ACCESS AND STEWARDS
Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security and safety rules.
Section 4.2 Stewards
(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts. (b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties.
(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. (d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.
Section 4.3 Steward Layoff/Discharge The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable MLA, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, 01007.0002 2048053.1
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and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice have been given.
Section 4.4 Employees on Non-Project Work On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a Party to this Agreement.
ARTICLE 5
WAGES AND BENEFITS
Section 5.1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLAs are required to pay all of the wages set forth in those MLAs without reference to the forgoing.
Section 5.2 Benefits
(a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee–authorized deductions in the amounts designated in the appropriate MLA, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLA are required to make all contributions set forth in those MLA without reference to the foregoing.
Bona fide jointly-trusteed benefit plans or authorized employee deduction programs established or negotiated under the applicable MLA or by the Parties to this Agreement during the life of this Agreement may be added.
(b) The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. (c) Each Contractor and subcontractor is required to maintain records evidencing that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, a Union shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made.
In the event of failure of a prime Contractor or subcontractor to timely make the delinquent payments, a Union may request that the City or the prime Contractor withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed. 01007.0002 2048053.1
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Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.
Section 5.4 Compliance with Prevailing Wage Laws The Parties agree that the City shall monitor the compliance by all Contractors and subcontractors with all applicable federal and state prevailing wage laws and regulations, and that such monitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage in Article 2, Section 2.2. All complaints regarding possible prevailing wage violations shall be referred to the City for processing, investigation and resolution, and if not resolved within thirty calendar days, may be referred by any party to the state labor commissioner.
ARTICLE 6
WORK STOPPAGES AND LOCK-OUTS
Section 6.1 No Work Stoppages or Disruptive Activity The Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slowdown, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible.
Section 6.2 Employee Violations The Contractor may discharge any employee violating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.
Section 6.3 Standing to Enforce The City or any Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to enforce the obligations established therein.
Section 6.4 Expiration of the MLA’s If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:
(a) Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution 01007.0002 2048053.1
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rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union’s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County.
(b) Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees.
(c) Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph (a) above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph (b) above.
To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected option (b).
Section 6.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Project Work during the term of this Agreement. The term “lock-out” refers only to a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does “lock-out” include the City’s decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.
Section 6.6 Best Efforts to End Violations
(a) If a Contractor contends that there is any violation of this Article or Section 7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involved Union(s) and the City. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article.
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(b) If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the City, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8. The City shall promptly order the involved Contractor(s) to cease any violation of the Article.
Section 6.7 Withholding of services for failure to pay wages and fringe benefits Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who:
(a) fails to timely pay its weekly payroll; or
(b) fails to make timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the provisions of the applicable MLA. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’s MLA, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute.
(c) Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.
Section 6.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1 or 6.5, above, or Section 7.3 is alleged. (a) The Party invoking this procedure shall notify Andrea Dooley who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify one of the alternates selected by the Parties, as set forth under section 9.2, Step 3 (a), in that order on an alternating basis. Expenses incurred in arbitration shall be borne equally by the Parties involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, 01007.0002 2048053.1
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but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 6.6, as above. (c) The arbitrator shall notify the Parties of the place and time chosen for this hearing.
Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Sections 6.1 or
6.5, above, or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, (except for damages as set forth in 6.8 below) which issue is reserved for court proceedings, if any.
The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award.
The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance. (e) Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 6.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the arbitrator’s award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue.
(g) The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.
ARTICLE 7
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 7.1 Assignment of Work The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.
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Section 7.2 The Plan All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement. (a) If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.
Section 7.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.
Section 7.4 Pre-Job Conferences As provided in Article 13, each Contractor will conduct a pre-job conference with the appropriate affected Union(s) prior to commencing work. The Council and the Community Workforce Coordinator shall be advised in advance of all such conferences and may participate if they wish.
Section 7.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6 above.
ARTICLE 8
MANAGEMENT RIGHTS
Section 8.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work, as set forth in this Article, without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:
(a) Plan, direct and control operations of all work;
(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;
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(c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations;
(d) Discharge, suspend or discipline their own employees for just cause; (e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable MLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
Section 8.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;
(b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;
(c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City’s Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the applicable MLA; (d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and
(e) Investigate and process complaints, in the matter set forth in Articles 6 and 9.
Section 8.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or 01007.0002 2048053.1
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preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law in reference to offsite construction.
Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. The City shall advise all Contractors of, and enforce as appropriate, the off-site application of the prevailing wage law as it affects Project Work.
Section 8.4 Special Equipment, Warranties and Guaranties (a) It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment, and systems without incident; (b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.
(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 9.
ARTICLE 9
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 9.1 Cooperation and Harmony on Site
(a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the City and the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.
(b) The Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.
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(c) The Unions and/or Council shall oversee the processing of grievances under this Article and Articles 6 and 7, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.
Section 9.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLA’s, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.
Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.
Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint.
Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.
Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the other party to the grievance (with copy (ies) to the other Party (ies)) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Edna Francis; (2) Juan Carlos Gonzalez; (3) Fredric Horowitz; (4) Sara Adler; (5) David Weinberg; (6) Andrea Dooley; 01007.0002 2048053.1
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and (7) Mark Burstein. The decision of the arbitrator shall be final and binding on all Parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).
(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add too, or detract from any of the provisions of this Agreement.
(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e., conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved.
Section 9.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.
Section 9.4 Notice The City shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the City may, in its sole discretion, designate a City staff member to participate fully as a party in all proceedings at such steps.
ARTICLE 10
REGULATORY COMPLIANCE
Section 10.1 Compliance with All Laws The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.
Section 10.2 Monitoring Compliance The Parties agree that the City shall require, and that the Council and Unions may monitor, compliance by all Contractors and subcontractors with all federal and state laws regulation that, from time to time may apply to Project Work. It shall be the responsibility of the Council to investigate or monitor compliance with these various laws and regulations. The Council may recommend to the City procedures to encourage and enforce compliance with these laws and regulations.
Section 10.3 Prevailing Wage Compliance The Council or Union shall refer all complaints regarding any potential prevailing wage violation to the City, who shall process, investigate and resolve such complaints, consistent with Article 5, Section 5.4. The Council or Union, as appropriate, shall be advised in a timely manner with regard to the facts and resolution, if any, of any complaint. It is understood that this Section does not restrict any individual rights as 01007.0002 2048053.1
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established under the State Labor Code, including the rights of an individual to file a complaint with the State Labor Commissioner.
Section 10.4 Violations of Law Based upon a finding of violation by the City of a federal and state law, and upon notice to the Contractor that it or its subcontractors is in such violation, the City, in the absence of the Contractor or subcontractor remedying such violation, shall take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. Additionally, in accordance with the Agreement between the City and the Contractor, the City may cause the Contractor to remove from Project Work any subcontractor who is in violation of state or federal law.
ARTICLE 11
SAFETY AND PROTECTION OF PERSON AND PROPERTY
The Parties adopt the Los Angeles/Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment D and which shall be the policy and procedure utilized under this Agreement.
ARTICLE 12
APPRENTICES
Section 12.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs. The City and the Council will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.
Section 12.2 Use of Apprentices
(a) Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time, unlessthe standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards 01007.0002 2048053.1
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establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.
(b) The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers. The Unions will assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons. (c) The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyperson working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.
(d) All apprentices shall work under the direct supervision of a journeyperson from the trade in which the apprentice is indentured. A journeyperson shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyperson as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyperson in the apprenticeable occupation. Should a question arise as to a journeyperson’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyperson to the Council.
ARTICLE 13
PRE-JOB CONFERENCES
Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) at least fourteen (14) days prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Council and the Community Workforce Coordinator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in accordance with industry practice. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Should there be any formal jurisdictional dispute raised under Article 8, the Community Workforce Coordinator shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project.
ARTICLE 14
WORK OPPORTUNITIES PROGRAM
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Section 14.1 The Parties to this Agreement support the development of increased numbers of skilled construction workers from among the Area Residents residing within the geographic area serviced by the City of Carson, to meet the labor needs of the Project, specifically, and the requirements of the local construction industry generally. Towards that end the Parties agree to cooperate respecting the establishment of a work opportunities program for these Area Residents, the primary goals of which shall be to maximize construction work opportunities for traditionally underrepresented members of the community. In furtherance of the foregoing, the Unions specifically agree to:
a) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Area Residents as journeypeople, and apprentices on the Project and entrance into such qualified apprenticeship and training programs as may be operated by signatory Unions; and
b) Assist Area Residents in contacting pre-apprenticeship programs that utilize the Building Trades multi-craft core curriculum (MC3) and the Apprenticeship Training Committees for the crafts and trades they are interested in. The Unions shall assist Area Residents who are seeking Union jobs on the Project and Union membership in assessing their work experience and giving them credit for provable past experience in their relevant craft or trade, including experience gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Area Residents for work on this Project; and
c) Support local events and programs designed to recruit and develop adequate numbers of qualified workers in the construction industry.
ARTICLE 15
LABOR/MANAGEMENT COOPERATION
Section 15.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor compliance with the terms and conditions of this Agreement. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement.
A quorum will consist of at least two (2) representatives selected by the City and at least two (2) representatives selected by the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum. The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement.
ARTICLE 16
SAVINGS AND SEPARABILITY
Section 16.1 Savings Clause It is not the intention of the City, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void 01007.0002 2048053.1
City of Carson 26 Project Labor Agreement
as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.
Section 16.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.
ARTICLE 17
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.
ARTICLE 18
AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern.
ARTICLE 19
DURATION OF THE AGREEMENT
Section 19.1 Duration
(a) This Agreement shall be effective from March 4, 2026 and shall remain in effect for a period of five (5) years with three one-year renewals upon mutual written agreement of the 01007.0002 2048053.1
City of Carson 27 Project Labor Agreement
Parties, unless either Party provides written notice of its intent to terminate, sent no later than sixty (60) days prior to the termination date or successor termination date; provided, however, that this Agreement may be extended by mutual written agreement of the Parties. Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement. (b) This Agreement may be extended by mutual consent of the City and the signatory Unions for such further periods as the Parties shall agree to.
Section 18.2 Turnover and Final Acceptance of Completed Work (a) Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City. (b) Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to (a) above, involving otherwise turned-over and completed facilities which have been accepted by the City, will be available from the Community Workforce Coordinator.
IN WITNESS whereof the Parties have caused this Project Labor Agreement to be executed as of the date and year above stated.
CITY OF CARSON LOS ANGELES/ORANGE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
Dated: _____________________________ Dated: _____________________________ By: ________________________________ By: ________________________________ Lula Davis-Holmes Ernesto Medrano
Mayor Executive Secretary
01007.0002 2048053.1
City of Carson 28 Project Labor Agreement
Approved as To Form:
Dated: _____________________________
By: ________________________________
City Attorney
01007.0002 2048053.1
City of Carson 29 Project Labor Agreement
LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
Asbestos Heat & Frost Insulators (Local 5) ______________________________ Boilermakers (Local 92) ______________________________
Bricklayers & Allied Craftworkers (Local 4) ______________________________ Cement Masons (Local 600) ______________________________ Electricians (Local 11) ______________________________
Elevator Constructors (Local 18) _____________________________ Gunite Workers (Local 345) ______________________________ Iron Workers (Reinforced – Local 416) ______________________________ Iron Workers (Structural – Local 433) ______________________________ Southern California District Council of Laborers ______________________________ LiUNA (Local 1309) ______________________________
LiUNA (Local 300) (Remediation) ______________________________ LiUNA (Local 1184) ______________________________
Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Painters & Allied Trades DC 36 ______________________________ Pipe Trades (Local 250) ______________________________
Pipe Trades (Local 345) ______________________________
Pipe Trades (Plumbers Local 78) ______________________________ Pipe Trades (Sprinkler Fitters Local 709) _____________________________ Plasterers (Local 200) ______________________________
Plaster Tenders Local (1414) ______________________________ Roofers & Waterproofers (Local 36) ______________________________ Sheet Metal Workers (Local 105) _____________________________ Teamsters (Local 986) ______________________________
Western States Regional Council of Carpenters ______________________________ 01007.0002 2048053.1
City of Carson 30 Project Labor Agreement
ATTACHMENT A
LETTER OF ASSENT
To be signed by all contractors awarded work covered by the Project Labor Agreement prior to commencing work.
[Contractor’s Letterhead]
City of Carson
1234 address
City, state, zip code
Attn: __________________
Re: Project Labor Agreement - Letter of Assent
To whom it may concern:
This is to confirm that [name of company] agrees to be party to and bound by the City of Carson Project Labor Agreement effective _______, 2025, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely.
[Name of Construction Company]
By: [_____________________] Name and Title of Authorized Executive Contractor’s State License No: _________________________ Project Name: ____________________________
[Copies of this letter must be submitted to the City and to the Council.] 01007.0002 2048053.1
City of Carson 31 Project Labor Agreement
ATTACHMENT B
LOCAL RESIDENT ZIP CODES
TIER 1
3-MILE RADIUS
90220 Compton, CA
90248 Gardena, CA
90502 Torrance, CA
90710 Harbor City, CA
90744 Wilmington, CA
90745 Carson, CA
90746 Carson, CA
90810 Long Beach, CA
90895 Carson, CA
TIER 2
5-MILE RADIUS
90221 Compton, CA
90501 Torrance, CA
90507 Torrance, CA
90508 Torrance, CA
90509 Torrance, CA
90510 Torrance, CA
90717 Lomita, CA
90747 Carson, CA
90748 Wilmington, CA
90807 Long Beach, CA
90806 Long Beach, CA
TIER 3
90002 Los Angeles, CA
90003 Los Angeles, CA
90044 Los Angeles, CA
90047 Los Angeles, CA
90059 Los Angeles, CA
90061 Los Angeles, CA
90222 Compton, CA
90242 Downey, CA
90247 Gardena, CA
90249 Gardena, CA
90250 Hawthorne, CA
01007.0002 2048053.1
City of Carson 32 Project Labor Agreement
90254 Hermosa Beach, CA
90260 Lawndale, CA
90261 Lawndale, CA
90262 Lynwood, CA
90266 Manhattan Beach, CA
90274 Palos Verdes, CA
90275 Rancho Palos Verdes, CA
90277 Redondo Beach, CA
90278 Redondo Beach, CA
90280 South Gate, CA
90303 Inglewood, CA
90304 Inglewood, CA
90503 Torrance, CA
90504 Torrance, CA
90505 Torrance, CA
90506 Torrance, CA
90706 Bellflower, CA
90712 Lakewood, CA
90713 Lakewood, CA
90723 Paramount, CA
90731 San Pedro, CA
90732 San Pedro, CA
90747 Carson, CA
90755 Signal Hill, CA
90802 Long Beach, CA
90803 Long Beach, CA
90804 Long Beach, CA
90805 Long Beach, CA
90808 Long Beach, CA
90813 Long Beach, CA
90814 Long Beach, CA
90815 Long Beach, CA
90822 Long Beach, CA
90831 Long Beach, CA
90840 Long Beach, CA
90223 Compton, CA
90224 Compton, CA
90251 Hawthorne, CA
90267 Manhattan Beach, CA
90507 Torrance, CA
90508 Torrance, CA
90509 Torrance, CA
90510 Torrance, CA
90707 Bellflower, CA
90711 Lakewood, CA
90714 Lakewood, CA
01007.0002 2048053.1
City of Carson 33 Project Labor Agreement
90733 San Pedro, CA
90734 San Pedro, CA
90748 Wilmington, CA
90749 Carson, CA
90801 Long Beach, CA
90809 Long Beach, CA
90832 Long Beach, CA
90833 Long Beach, CA
90834 Long Beach, CA
90835 Long Beach, CA
90842 Long Beach, CA
90844 Long Beach, CA
90846 Long Beach, CA
90847 Long Beach, CA
90848 Long Beach, CA
90853 Long Beach, CA
90899 Long Beach, CA
(TIER 4)
THE REMAINING AREA ZIP CODES IN LOS ANGELES COUNTY
01007.0002 2048053.1
City of Carson 34 Project Labor Agreement
ATTACHMENT C
CRAFT REQUEST FORM
CITY OF CARSON
TO THE CONTRACTOR: Please complete and submit this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After submitting your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please keep copies for your records.
The City of Carson Project Labor Agreement establishes a goal that 30% of all construction labor hours worked on the Project shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing:
first, within a three (3) mile radius of City Hall, as reflected on the list of U.S. Postal Service zip codes on Attachment B, second, in those second tier zip codes within a five (5) mile radius of City Hall, as reflected on the list of U.S.
Postal Service zip codes attached hereto on Attachment B, third, in those third tier zip codes within a ten (10) mile radius of the Project, as reflected on the list of U.S. Postal Service zip codes attached hereto as Attachment B, and fourth, other qualified employees which reside in the County of Los Angeles. For Dispatch purposes, employees described in this paragraph shall be referred to as Local Residents.
In addition to the above, the City of Carson Project Labor Agreement establishes a goal that 5% of the total work hours shall be from transitional workers who reside within a ten (10) mile radius of City Hall, as reflected on Attachment “B.”
TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.
CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:
From: Company: Issued By:
Contact Phone: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.
Craft
Classification
( i.e., plumber,
painter, etc.)
Journeyperson
or
Apprentice
Local Resident or
General Dispatch
Number of
workers
needed
Report
Date Report Time
TOTAL WORKERS REQUESTED = ______________
Please have worker(s) report to the following work address indicated below:
Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ Comment or Special Instructions: ________________________________________________________________
UNION USE ONLY
01007.0002 2048053.1
City of Carson 35 Project Labor Agreement
WORKER REFERRED
[This form is not intended to replace a Local Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.] Date dispatch request received:
Dispatch received by:
Classification of worker requested:
Classification of worker dispatched:
Name:
Date worker was dispatched:
Is the worker referred a: (check all that apply)
JOURNEYPERSON Yes _____ No _____
APPRENTICE
Yes _____ No _____
LOCAL RESIDENT Yes _____ No _____
GENERAL DISPATCH FROM OUT OF WORK LIST Yes _____ No _____ 01007.0002 2048053.1
City of Carson 36 Project Labor Agreement
ATTACHMENT D
DRUG AND ALCOHOL TESTING POLICY
LOS ANGELES/ORANGE COUNTIES
BUILDING AND CONSTRUCTION TRADES COUNCIL APPROVED
The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this CWA and this policy, Attachment C – Drug and Alcohol Testing Policy, hereafter “Policy.”
1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the CWA.
2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.
3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager.
Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the CWA and subject to the Article 10 grievance procedure.
4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.
5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted 01007.0002 2048053.1
City of Carson 37 Project Labor Agreement
to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee.
The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy.
Should these SAMHSA levels be changed during the course of the CWA or new testing procedures are approved, then these new regulations will be deemed as part of this existing CWA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense.
f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project.
g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Community Workforce Coordinator. Such testing shall be pursuant to the procedures stated hereinabove. 01007.0002 2048053.1
City of Carson 38 Project Labor Agreement
3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove.
Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll. h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the Applicable Prevailing Wage Laws. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.
6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.
7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.
8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the CWA.
9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the 01007.0002 2048053.1
City of Carson 39 Project Labor Agreement
remaining portions of the CWA shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated.
11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.
12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.
13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.
14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties. 01007.0002 2048053.1
City of Carson 40 Project Labor Agreement
SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1
Confirmatory Test
Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2
50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine)
150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/
Morphine
2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone
300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone
100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine
500 ng/ml Amphetamine
Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml
1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):
Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.
The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCAandbenzoylecgonine):Theconfirmatory testcutoffmustbeusedfor analternate technology initialtestthatisspecific for the target analyte (i.e., 15 ng/mlfor THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy. 01007.0002 2048053.1
City of Carson 41 Project Labor Agreement
MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS PURSUANT TO
ATTACHMENT D – DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.
An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, November 5, 2025, 5:00 PM
CONSENT 29.
To: Honorable Mayor and City Council
From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER APPROVING A SUPPLEMENTAL BUDGET AND AUTHORIZING A FUNDING TRANSFER FOR CAPITAL IMPROVEMENT PROJECT NO. 1610: FOISIA PARK IMPROVEMENTS AND CONSIDER RESOLUTION 25-131, A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING FISCAL YEAR 2025-2026 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS (CITY
COUNCIL)
I. SUMMARY
On September 17, 2024, the City Council awarded a construction contract to Pub Construction, Inc. (Exhibit No. 1) for the Foisia Park Improvements Project (Project No. 1610). The project includes a variety of park enhancements such as new turf areas, upgraded recreational amenities, and improved accessibility features to make the park more enjoyable and inclusive for all users. Construction is now nearing completion, with most major improvements, including site amenities, play areas, hardscape features, and supporting infrastructure, either completed or substantially complete. The final remaining major work item involves establishing the new turf areas, which were originally designed to be completed through hydro-seeding.
During construction, the Community Services and Parks Maintenance teams identified an opportunity to improve the long-term quality and appearance of the park by replacing the hydro-seeding portion with sod installation. While this enhancement goes beyond the project’s originally approved scope, sod provides a higher-quality playing surface, establishes more quickly, and reduces erosion and maintenance issues, allowing the park to open sooner and with a more finished appearance. In coordination with Public Works Engineering and the Finance Department, staff identified available savings from other completed capital projects that can be reallocated to fund this improvement. A separate proposed Resolution (No. 25-131) will authorize the transfer of funds from Account No. 101-99-999-904-8009 to Account No. 101-99-999-904-8008 to cover the additional costs.
With this high-profile community project approaching completion, staff recommends that the City Council approve a supplemental budget of approximately $100,000 for the Foisia Park Improvements Project to fund the turf enhancement from hydro-seed to sod, ensuring improved playability and allowing the park to reopen to the community shortly after Thanksgiving 2025.
II. RECOMMENDATION
TAKE the following actions:
1. APPROVE a supplemental budget in the amount of approximately $100,000 for Capital Improvement Project No. 1610: Foisia Park Improvements, to cover the cost of replacing hydro-seed with sod to enhance the play ability of the fields; and,
2. WAIVE further reading and ADOPT Resolution No. 25-131, "A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING FISCAL YEAR 2025-2026 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS" to transfer funds between 101-99-999-904-8009 and 101-99-999-904-8008 to fully fund this supplemental budget.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
The Foisia Park Improvements Project is part of the City’s broader effort to enhance community parks and recreational facilities. The project features new turf areas, play equipment, lighting, and accessibility upgrades designed to create a safe and enjoyable space for residents of all ages. The original project design specified hydroseeding for turf establishment in certain areas of the park. However, hydro-seeding requires a germination and establishment period of approximately 90 days before the surface is stable and safe for public use. It also presents challenges with weed control and growth, particularly during the approaching winter season, when seed establishment is less reliable.
To improve quality and ensure long-term maintenance efficiency, the Parks and Recreation Department, in coordination with Public Works Engineering and Finance, recommends replacing the hydro-seed with sod installation. Sod provides an immediate, uniform turf surface that offers better playability, stronger soil stabilization, and a cleaner aesthetic. It also allows the park to open safely and earlier (by early December 2025) instead of waiting through the hydro-seed establishment period. Funding for this turf enhancement has been identified through existing project savings and is proposed to be transferred between funding sources through a separate City Council resolution being considered with this item.
Consequently, staff recommends that the City Council approve a supplemental budget of approximately $100,000 and authorize the associated funding transfer to complete this improvement. This approach allows the City to deliver a higher-quality, safer, and more resilient park for the community, without delaying the project’s completion.
V. FISCAL IMPACT
There is no new funding allocation or impact to the General Fund associated with the proposed action. Staff identified savings from a completed capital project that can be transferred to support the proposed sod enhancement for the Foisia Park Improvements Project. All necessary funding was already included in the adopted Fiscal Year 2025-26 Operating and Capital Improvement Program (CIP) Budgets. Staff is requesting to transfer $100,000 from PW1804 - Arterial Repairs Program (Account No. 101-99-999-904-8009) to PW1610 - Foisia Park Improvements (Account No. 101-99-999-904-8008) to fully fund the enhancement and complete the project as intended.
VI. EXHIBITS
1. Pub Construction Contract
2. Proposed Reso No. 25-131
Attachments
Exhibit No. 1 - PUB Construction Contract
Exhibit No. 2 - Reso 25-131
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF CARSON AND
PUB CONSTRUCTION, INC.
THIS PUBLIC WORKS AGREEMENT ("Agreement") is made and entered into this __ day of . . .. , 2024, by and between the City of Carson, a California charter city ("City") and PUB Construction, Inc., a California corporation ("Contractor"). City and Contractor may be referred to, sometimes individually or collectively, as "Party" or "Parties."
RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Project No. PW1610: Foisia Park Design and Construction ("Project"). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, "Bid Documents" refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are 01007 .0006nl2786.4 1
12th November
incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.2. Incorporation of Greenbook.
The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (<<Greenbook=) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3. Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a <public work= as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (<DIR=) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 01007.0006/712786.4
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seg. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) | Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day9s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (114) times the basic rate of pay.
(i) Workers9 Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
<IT am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers9 compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.=
Gj) Contractor9s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor9s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor9s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City9s Project Labor Agreement, which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the <Project Labor Agreement=), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor9s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.7. Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or II disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor9s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
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(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor9s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.8 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.9 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.
1.10 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City9s own 01007.0006/712786.4
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City9s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.11 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor9s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor9s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City9s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (<Change Order=). All Change 01007.0006/712786.4
Orders must be signed by the Contractor and City9s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council, if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City9s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor9s Bid. If the rates in the Contractor9s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City9s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) | Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City9s sole and absolute discretion, waive the Contractor9s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 01007.0006/712786.4
1.13 CARB Compliance.
For a project involving the use of in-use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor9s violation of any regulation set forth in 13 CCR 2449.
1.14 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the <Special Requirements,= attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor9s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor9s expenses, of an amount not to exceed Twelve Million Seven Hundred Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40) (<Contract Sum=) for completion of the work. The Contract Sum reflects the aggregate unit pricing submitted by Contractor as part of its Bid, not Contractor9s actual Bid amount which was $409,801.12 higher than the aggregate unit pricing.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
All invoices shall include a copy of Contractor9s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor9s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 01007.0006/712786.4
2.3. Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor9s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
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(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor9s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor9s completion of its obligations hereunder, as evidenced by the City9s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall complete the Project within One Hundred Sixty (160) working days after receiving a <Notice to Proceed= from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City9s acceptance of the Project.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Three Thousand Five Hundred Dollars ($3,500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor.
To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.
3.3. Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager9s determination -10-
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shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor9s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Final Acceptance.
Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.
As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (<Principals=) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Chris Yi President
(Name) (Title)
(Name) (Title)
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor9s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor9s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in -11-
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MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF PUB CONSTRUCTION, INC.
A special meeting of the Board of Directors of Pub Construction, Inc. was held in the conference at the following date, time, and place:
Date: 03/05/2013
Time: 2:00PM
Place: 23441 GOLDEN SPRINGS DR., #104, DIAMOND BAR, CA 91765 The following persons were present:
CHRIS CHAE Y. YI
The chair initiated a discussion regarding a corporate resolution to confirm who is authorized to execute contract documents or to execute bid submittals.
After discussion, it was decided that Chris Chae Y. Yi would have the authority.
On motion duly made, seconded and unanimously carried, the following resolution was adopted.
RESOLVED: That Chris Chae Y. Yi will be the authorized persons to execute all contract documents and bid submittals for all projects contracted for or bid upon by Pub Construction, Inc.
There being no further business, on motion duly made, seconded and unanimously carried, the chair declared that the meeting was adjourned.
Minutes of this meeting was respectfully submitted by
4 Dated: 3/5/2013 th
CHRIS CHAE Y. YI, Secretary
ACCEPTANCES OF RESOLUTION ADOPTED
AS OF 3/5/2013
CHRIS CHAE YI. YI, President
CHRIS cual YI, Vice President
<<
CHRIS GHAE YI. YI, Secretary
Ma
CHRIS CHAE YI. Yi9Ctiief Financial Officer/Treasurer
writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor9s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor9s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City9s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Raymond Velasco, P.E., Public Works Operations Manager, or any other person as may be designated by the City9s Director of Public Works or City Engineer.
It shall be the Contractor9s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City9s Director of Public Works or City Engineer , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor9s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor9s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor9s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO <insured contract= language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including <any auto= and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Workers9 compensation insurance. Contractor shall maintain Workers9 Compensation Insurance (Statutory Limits) and Employer9s Liability Insurance (with limits of at least $1,000,000).
(d) Builder9s Risk Insurance. Contractor shall maintain Builder9s Risk (Course of Construction) insurance utilizing an <All Risk= (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.
If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
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(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor9s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as <covered operations.= The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed <by or on behalf= of the insured. Policy shall contain no language that would invalidate or remove the insurer9s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers9 compensation. Insurance certificates and endorsements must be approved by City9s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City9s own insurance or self-insurance shall be called upon to protect it as a named insured.
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(e) City9s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions _(non-estoppel). | Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(1) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Q) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor9s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer9s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. -15-
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(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency9s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor9s compensation.
(0) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor9s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an <Indemnitee=) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor9s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor9s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City9s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Payment Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section
2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on the applicable forms provided in Exhibit <(C= and Exhibit <D= attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated <A-= or better in the most recent edition of Best9s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City9s Risk Manager.
5.7 Release of Securities.
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City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the <books and records=), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor9s business, custody of the books and records may be given to City, and access shall be provided by Contractor9s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. -18-
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6.3. Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the <documents and materials=) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City9s sole risk and without liability to Contractor, and Contractor9s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as <works made for hire= as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed <works made for hire= for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered <voluntary= provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys9 fees, caused by or incurred as a result of Contractor9s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -19-
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Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7, ENFORCEMENT OF AGREEMENT; DEFAULT, SUSPENSION AND
TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Default of Contractor.
Contractor9s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days9 written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.
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7.4 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, <claim= means a separate demand by the Contractor, after the City has denied Contractor9s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) | List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) | Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim9s cost, if any.
(vi) Analysis of the claim9s time/schedule impact, if any. (c) City9s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -21-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) | Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) | The City9s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City9s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City9s response or within 15 days of the City9s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) | For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -22-
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(iii) | Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City9s Responses. The City9s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City9s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City9s failure to respond shall not waive City9s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
53. 01007.0006/712786.4
(ii) | If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) | Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
75 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.6 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.7 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -24-
01007.0006/712786.4
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor9s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seg., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys9 fees, incurred by City. -25-
01007.0006/712786.4
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.3. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.4 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Agreement. All signatures on bonds must be originals.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
-26-
01007.0006/712786.4
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of <financial interest= shall be consistent with State law and shall not include interests found to be <remote= or <noninterests= pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor9s Authorized Initials
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
<7.
01007.0006/712786.4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY: CONTRACTOR:
CITY OF CARSON, a California charter PUB CONSTRUCTION, INC., a California city corporation
nme ae ores,
*By: KeZs?
Luié Davis-Holmes, Mayor Name: (hvis ¥i%
Title: Yvesident
ATTEST:
*By: pa
VB vadeb ay r NTiatmlee:: SeCcsve ravy
Dr. KHaleah K. Bradshaw, City Clerk
sxe Address: 23545 Palomino Dr., #104
APPROVED AS TO FORM: Ca Diamond Bar, CA 91765
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[nl]
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR9S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR9S BUSINESS ENTITY. -28-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2024 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT L] INDIVIDUAL
| CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
C] PARTNER(S) [] LIMITED
CJ GENERAL NUMBER OF PAGES
CL] ATTORNEY-IN-FACT
CL] TRUSTEE(S)
CL] GUARDIAN/CONSERVATOR
L] OTHER. DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0006/712786.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2024 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
O PARTNER(S) [] LIMITED
GENERAL NUMBER OF PAGES
O ATTORNEY-IN-FACT
im TRUSTEE(S)
LC] GUARDIAN/CONSERVATOR
im OTHER. DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0006/712786.4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES )
On 09/12/2024 before me, RALPH K. PARK, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared CHRIS YI ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | 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. RALPH K. PARK
Notary Public - California
Los Angeles County
4 " ee. F=975} Commission # 2469511
eae O ww, ' <ccieow= My Comm. Expires Nov 3, 2027 p
f =
Signature \Ny r (Seal)
LYNN
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES )
On 99/12/2024 before me, RALPH K. PARK, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared CHRIS YI ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | 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. (Sra RALPHK - PARK Notary Public - California . - 3 5- Los Angeles County
;
ee) \ =a
; SAV9 ~4 Commission # 2469511
a Pee a $ ; So My Comm. Expires Nov 3, 2027
ys
Signature ~ (Seal)
EXHIBIT9 A
CONTRACTOR9S BID
BID
BID SCHEDULE - ¢ IF B-24-09)
PROJECT NO. PW1610
Foisia Park Improvements
<Bid | = sik | rica | ; | j ij ; team | Description Oy | Unit Um Price em Cost 7 :
i 4
1 | Bonding, Insurance & Mobilization 1 | Es |. Bn gue | Be.ec0 13 Survey 1 1s lef fea 4ef Pav
3 | Temporary Fencing 1 LS |g fac F fain
| 4 | Fratie Control
|
1 | LS |, | cee
. i wf yo Le, -
5 ition, R 1 LS me int Kae x |! | Demolition, Remaval & Hau o: PF, $40 SES ¢ aa 6 Erosion Control 1 2 a IP pe)
| £2 ,¬06 6 é 2834)
| 7 leave 1 LS
1 slo. 8 8Drala Be Ls |» 8 ges __!
hes 5 8ae 2! >, i | Soil Import 37 is Boo 3A ZeG
10 | Electrical Upgrades & Switchgear 1 1 <279 a
fee, > ff (3a, ri
1] Drinking Fountains
=
6 EA af ele £6 Ze
: bf Gat ee
| 12
| | parking Lot Grind Overlay & Slurry Seal 14,385 | SF | 4. sv inte : Lied eens 4
| seesp ing 1 - | 13 | Striping Parking Lois LS 76, £0 ; 24 80) iM curs « Gutter 40 LF | oe | Te
13 | Concrete Paving <A= (4", Broom Finish) 23,316 | SE ree | CEe VAG a | | Concrete Paving <BY (4", Broom Finish, 9° | ey ; . 18 | Seweut Grid) Eo ccoces <|
19,590 | SF | 1g | S4iF ezz
01007.0006/712786.4
rc
Concrete Paving <C (4°, TopCast WS
( 1 | 7? Sundbtast Finish)
i Tr
| EAeaS | SF | aga | 2zi2ee# |
Benes METRY doe sis
|
1s Concrete Paving D (t > Integral | 1,520
| Colored, PopCast #4 Finish)
} - -
19 | Rlevated Stage, Steps & Ramp I | LS
| 20 | Cuiserete PIP Seatwalls | 232 LF
; ]
| 21 | Concrete Mow Curb & Under-Fener Header 6325 | LF i
22 |
|
Marquee Monument & Digital Signs i Ls
23 |Site9Area Lighting 1 | LS
| 2s | aes Ballfield Lighting 1 LS SEF 022 SEY sFz
' { t ' 2 & = ve =
| 25 eae Stage Cover Structure 1 EA Fe eee 420. 0
26 Poligon Group Picnic Shade Structure 2 EFA | yy Ane 28 eer | i fet ou e009 ¬&ou =
f
27) (Shade Sail Structure 3 EA - :
| ? {Shade ructu ; Ce BAZ cc
28 | Potigon Bleacher Shade Sails 6 EA 7 UTS 269
| ; {4 Zoo ft Ae
() . i 7 . . - | z itn Seaton . 7 EA 16 90 $3, Te 7
Ballfield #1 Kencing, Gates, Backstop,
| 30
P
| &
D
ug
S
o
ip
u
n
t
s with Shade, Foul Poles, Fine Grading 1 LS |e ze io J [eee TOU TSF J Hallficld #2 Fencing, Gates, Backstop, |
P
| 3
f
1 Dugouts with Shade, Foul Pole, Fine Grading 1 Is 545, ._., 72) >> Sign
7 Ballfield #3 Fencing, Gates, Bachstop
Leto | E32
,
| ae | Dugeuts with Sh
; _ ;
ade, Fine Grading & Sign f | s)]ssret 1s ig G24
| | Cog ! 3
«tas . le
| 34 euieansl Infield 42,545 SF jah tt siz (ees
44 (Dugout Furnishings, (Player Bench & Bat ; _
| a | Rack)
|
& EA FEAL
| 38 Synthetic Turf(I n front of Stage) 145 | SF | 7320 | { xa
| 3@
t
ee
| Miracle Play Structure & Play Surface | 1 | LS |. 197 ¢ s ieee a = a a a a ae =; o
| 37 | Benches
a
19 ERA Sar
| | lyeu
01007.0006/712786.4 A-2
ro] a | # Pika
i) 4 Picnic Tables | 25 | EA Zelon ogee |
a9 8Round Picnic Table (w! Umbrella Hole) | F | EA ! 76e16 S52 Seo | | | | 40 BBQ Grill
|
| 10 | EA | Zeloe 72] oGO
P| | > | oO j 4 |
di Ch) c A si ~
| Tras Receptacles - | 22 | EA Zee, 66,000
IRRIGATION
42 | Irrigation System 1 LS SE>s%e Ss 2 Sée
|PLANTING
43 [PS {Turt-Street anew Buiter) 3335 | SF & Ay | 28 ote! 44 hla Area Prep & Fine Grading 292,220) | SF dz | )2 7 $é =.
wl ¢ aa 30
1 |
| 45 j Slt Prep8 Amend
|
ments | 292,220 | SF a4 led |@4 éU
| P46a n(teek tydroseed | ee 155,990 | SaFn f. oeee 252, 7ez 7 || TurfSad 4_ $0 | SE |. |a \! [Tere iad (Fallfiet) 120,030 a . jz" 252 jesS | ag | Root Barrier 940 LF Ja 4a 3, 53
| fo g = ry
- 4 Trees (6 Fea) 7 a4 EA 160 $3040 |
aa |Patin Trecs (15 HTH) i3 EA <geo 489 65
| a1 | Shrubs (i Gal}
ae
180 EA ig 32 OD
- a =
| 52 | Shrubs (5 Gal} 9 | EA | 3 89 | 215% 29 |
le * . $a 3?
| 53 |Shrubs (15 Gal
I
| 256 | FA | yg 38092
L ' eile
. eed aces _ 60
| {Groundcaver (4 Pots} 8,525 | SF tl 424 ? .
1 Bos, | 2 ab 6
4 | $5 | Muleh (4"tayer) 123s | SF | 2086
| -
1 | LS [46 es= | 56 |120-Day landscape maintenance period 57 | Turn-Over, As-Builts & Close-Out | 1 Ls | 2,g0% [ZW 58 | Allowance 7 t LS $400(, 000 $440000,, 000
TOTAL BA
s
SE BID F
8 igures [r
Ed LPPe £ S
AMOUNT* 7 re a ay Bik MOND UCD CVT AE Herve
(Project 1610); Words ee ee SIXT fie poe Tent Tet cer]
01007.0006/712786.4 A-3
The Contract Sum is $12,757,062.40 reflecting the aggregate unit pricing submitted by Contractor as part of its Bid Schedule, not Contractor9s actual Bid amount which was $409,801.12 higher than the aggregate unit pricing.
01007.0006/712786.4 A-4
EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strikethrough and additions shown in bold and italics.
B-1
Bond No. 30227246
Premium: $87,881.00
Premium is for contract term and is subject
to adjustment based on final contract price
Executed in: 2 Counterparts
EXHIBIT C
PERFORMANCE BOND
We, PUB Construction, Inc., a California corporation, as Principal, and Western Surety Company , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (<City=) for payment of the penal sum of Twelve Million Seven Hundred Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City9s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys9 fees incurred, with or without suit, in addition to the above sum. 01007.0006/712786.4
Executed this 16th day of September , 2024.
Seal:of Corporation PUB Construction, Inc.
. < f a 9 R 9 : "
8 @e fl © we: , ; oe Zo
Oo. Authorized Representative of Principal
a om * we SS Title: President
(ATTACH ACKNOWLEDGEMENT
OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: (X) Western Surety Company
[name of surety company]
FOUNDATION RISK PARTNERS, CORP. 633 W. 5th Street, Suite #3330 Name Street Number
790 The City Drive South, Suite 210 Los Angeles, CA, 90071 Street Number City and State
Orange, CA 92868 (213) 452-5961
City and State Telephone Number ay
(949) 679-7116 Soa tg,=
Telephone Number
Attorney i in Fact or other
Representative
Rebecca Haas-Bates, Attorney-in- Fact,
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTA WV i)" na Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
01007.0006/712786.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
SOEROEEASR OEROEUEORAE CES ERNE EGNOSRORS HONOR RON ROTTER RES A EXURURER 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.
State of California )
County of Orange )
On 09/16/2024 before me, Alma Karen Hernandez, Notary Public Here Insert Name and Title of the Officer Date
personally appeared Rebecca Haas-Bates
Name(s\of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/are subscribed to the within instrument and acknowledged to me that He/she/they executed the same in Ris/her/their authorized capacity(Tes), 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. | 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 4ZZZZ Af
ALMA KAREN HERNANDEZ
Notary Public - California
: Orange County
Zan Commission # 2390908
Stece9= My Comm, Expires Jan 16, 2026 Bonetuas at aa FF Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __Performance Bond No. 30227246 _ Document Date: 09/16/2024 Number of Pages: Two(2)_ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer9s Name: _Rebecca Haas-Bates
Cl Corporate Officer 4 Title(s):
[] Partner 4 () Limited [© General
Signer9s Name:
Cj Corporate Officer 4 Title(s):
C) Partner 4 (J Limited (© General
(_] Individual (¥ Attorney in Fact CJ Individual CJ Attorney in Fact (_] Trustee (] Guardian or Conservator 0 Trustee CJ Guardian or Conservator (3 Other: C] Other:
Signer Is Representing:
Western Surety Company
Signer Is Representing:
LOTR OGRE TROTIRG OSS ELS SL GS ELSI LSSL GS ELAS ELEN LES LS LS LOL RK <A SA S ©2014 National Notary Association - www.NationalNotary.org + 1-800-U
LSS SAS LLGS LL GEL
S NOTARY (1-800-876-6827) Item #5907
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard Adair, William Syrkin, Rebecca Haas-Bates, Individually of Orange, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of December, 2023.
WESTERN SURETY COMPANY
Larry Kasten, Vice President
RL
STNeEVhutR.E TY Ko
State of South Dakota }
County of Minnehaha
On this 26th day of December, 2023, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. t
M. BENT 3
NOTARY PUBLIC t
GeAl) SOUTH DAKOTA Gabi /V)
oon + .
M. Bent, Notary Public
My commission expires
March 2, 2026
+ o4nnGoG+
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of September, 2024. ayy, | waViLtDi n
8 A a) > thy< th oy lin,
RET Y %
Qe WESTERN SURETY COMPANY
= QP OR,
ae SE AY. S : Malan9
dO Fi BRS 7 4e L. Nelson, Assistant Secretary
ania
Authorizing By-Laws and Resolutions Ye
aay Te, <*
ADOPTED BY FHESH RHOLDERS OF WESTERN SURETY COMPANY
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This Powenofi Attorisy is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalfof Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27" day of April, 2022:
<RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company.= Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
N°? 3472
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tus Is ro Centiry, That, pursuant to the Insurance Code of the State of California,
WESTERN SURETY COMPANY
of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tus Cermiricats ts expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
In Wrrness Wueneor, effective as of the__218T______... day of MARCH , 1975_, I have hereunto set
my hand and caused my offictal seal to be affixed this_21ST. day of MARCH ,19 75
Fee WESLEY J. KINDER
Insurance Commissioner
Rec. No. s
;
p
oo
Filed By a, tite ce Gb Goi le
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins, Code Sec. 701 und will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
Fonm CB-3 tuy32-nua 7.73 noo pUP O@ osr
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES )
On 09/18/2024 before me, RALPH K. PARK, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared CHRIS YI ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | 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. =< RALPH K. PARK
Notary Public - California 3
Se 5 : Los Angeles County =
2» 4 Ce aLaS/ Commission # 2469511
Stree!= My Comm. Expires Nov 3, 2027
Signature (Seal)
Bond No. 30227246
Premium is included in the performance bond
Executed in: 2 Counterparts
EXHIBIT D
PAYMENT BOND
We, PUB Construction, Inc., a California corporation, as Principal, and Western Surety Company , aS Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (<City=) and those for whose benefit this bond insures in the sum of Twelve Million Seven Hundred Fifty Seven Thousand Sixty Two Dollars and Forty Cents ($12,757,062.40). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement.
Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 e¢ seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys9 fees as shall be fixed by the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.
If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.
Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys9 fees incurred therein in addition to the above sums. 01007.0006/712786.4
Executed this 16th day of September _, 2024
Seal"of, Cpnporation PUB Construction, Inc.
ie, va Vd rs
8 iy a
Soe ON a <fe ae By: os
7 ay S « ( nd 39 | Authorized Representative of Principal rn Oe
ae en Title: President
¥ re yeh=
Fy em ah \
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: (x) Western Surety Company
[name of surety]
FOUNDATION RISK PARTNERS, CORP. 633 W. 5th Street, Suite #3330 Name Street Number
790 The City Drive South, Suite 210 Los Angeles, CA 90071 Street Number City and State
Orange, CA 92868 (213) 452-5961
City and State Telephone Number
(949) 679-7116
Telephone Number
Attorney in Fact or other
Representative
Rebecca Haas-Bates, Attorney-in- Fact 2
Fe) gon
~
At: Tens
Ve; FEED EE
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
01007.0006/712786.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 4 KRUSE VR RYO AOA ZNOVLROTROGROE LOW, BOE LON ENS OoxEE OW: ROEB K 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.
State of California )
County of Orange )
On 09/16/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas-Bates
Name(3\of Signerts)
who proved to me on the basis of Satisfactory evidence to be the person(s} whose name(s} is/are subscribed to the within instrument and acknowledged to me that Ke/she/they executed the same in Ris/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. | 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 BE AZ
Signature of Notary Public
ALMA KAREN HERNANDEZ
Notary Public - California
Orange County
Commission # 2390908
My Comm. Expires Jan 16, 2026
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Payment Bond No. 30227246 Document Date: 09/16/2024 Number of Pages: Two(2) _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer9s Name: Rebecca Haas-Bates Signer9s Name:
[] Corporate Officer 4 Title(s): CJ Corporate Officer 4 Title(s):
(] Partner 4 (Limited [] General C) Partner 4 [JLimited (© General CJ Individual lv Attorney in Fact Cd Individual CI Attorney in Fact [J] Trustee C] Guardian or Conservator CO Trustee Cj Guardian or Conservator C) Other: () Other:
Signer Is Representing: Signer Is Representing:
Western Surety Company
w PLIES IIL LIE I SLL ISERIES REISE ELSI
©2014 National Notary Association - www.NationalNotary.org + 1-800-U S NOTARY (1-800-876-6827) Item #5907
NOLSS L GEL RIGOR
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard Adair, William Syrkin, Rebecca Haas-Bates, Individually of Orange, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of December, 2023.
Rye
SENRETY
ty,
Se, WESTERN SURETY COMPANY
s
Larry Kasten, Vice President
State of South Dakota }
County of Minnehaha
On this 26th day of December, 2023, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +
M. BENT 3
NOTARY PUBLIC z
Gea) SOUTH DAKOTA9 Gabi /?)
+ e
M. Bent, Notary Public
My commission expires
March 2, 2026
+ 55500564
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof ] have hereunto subscribed my name and affixed the seatof the! Said. corporation this 16th day of September, 2024. (
] y * 4sf y yu NTH egy
wetter, O ) ~ BETY.
WESTERN SURETY COMPANY
aed Fey SOS L. Nelson, Assistant Secretary
<nia
me ges : Authorizing By-Laws and Resolutions
GP Opmoreree eS
ADOPTE ), BY/THEISHAREHOLDERS OF WESTERN SURETY COMPANY TB TO
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalfo f Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27" day of April, 2022:
<RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company.= Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
Zz
S
3472
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tus Is ro Cenriry, That, pursuant to the Insurance Code of the State of Caltfornia,
WESTERN SURETY COMPANY
of SIOUX FALLS, SOUTH DAKOTA , organized under the
laws of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
SURETY and LIABILITY
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tus Cenmiricate is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of Californta as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
In Wrrness Wueneor, effective as of the___218T____.._ day of MARCH , 1915_, I have hereunto set
my hand and caused my offictal seal to be affixed this_21ST. day of MARCH , 1975
Fee WESLEY J. KINDER
Insurance Commissioner
Rec. No. ws
C.
Filed By <A cece Gf Gee lon
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 und will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
Fon CB.3 tuyaa-nus 7-73 soa Dur one
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES )
On 99/18/2024 before me, RALPH K. PARK, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared CHRIS YI i
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | 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.
RALPH K. PARK
Notary Public - California
a: = Los Angeles County Fa
. ; F Lae Commission # 2469511 or
# uros9= My Comm. Expires Nov 3, 2027
Signature (Seal)
BUSINESS TAX CERTIFICATE
This tax certificate is evidence that all taxes required by the City of Carson to conduct business were paid by the listed person, company, or organization !ssuanceof this certificate is not a City endorsement or assurance of the business or business activity.
Business Name: PUB CONSTRUCTION INC : a
Business Location; 23545 PALOMINO DR 104 DIAMOND BAR, CA 91765-1625 Business Owner: PUB CONSTRUCTION INC tag ;
PUB CONSTRUCTION INC
23545 PALOMINO DR 104
DIAMOND BAR, CA 91765-1625
POST IN A CONSPICUOUS PLACE- NOT TRANSFERABLE
CITY OF CARSON
License Number: 089264A
Expiration Date: August 31, 2025
Effective Date: September 01, 2024
Description: CONTRACTOR/BLDRS CLASS A
Notify the Revenue Division in writing of any changes.
License renewal is the taxpayer's responsibility.
WEA
Director of Finance
a |
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: Foigia@ Vavle lm prover n+S Chvis_\;
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Carson and Successor Agency and their respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively <Indemnitees=) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively <Liabilities=), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the <Agreement=) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee9s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee9s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys9 fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees9 sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency9s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by or subject to the approval of Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. <Indemnitor=
Name Chvis vi Name_(hyiS VE
By: KL By: wD
TO BE SIGNED BY THE CONTRACTOR
EXHIBIT A
82 corm W-9 Request for Taxpayer Give Form to the
(Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury . . . 7 . send to the IRS.
Internal Revenue Service > Go to www..irs.gov/FormW/ for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
PUB Construction Inc.
2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the | 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3):
O Individual/sole proprietor or O C Corporation S Corporation O Partnership O Trust/estate single-member LLC Exempt payee code (if any)
im Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) > Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that y is disregarded from the owner should check the appropriate box for the tax classification of its owner. | Other (see instructions) >
5 Address (number, street, and apt. or suite no.) See instructions. Requester9s name and address (optional) 23545 Palomino Dr. Ste. 104
6 City, state, and ZIP code
Diamond Bar, CA 91765
7 List account number(s) here (optional)
(Applies to accounts maintained outside the U.S.)
Print or type
See Specific Instructions on page 3.
EG2ua8 Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid |S ocial security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and _[ Employer identification number | Number To Give the Requester for guidelines on whose number to enter.
Gens Certification
Under penalties of perjury, | certify that:
1. The number shown on this form is my correct taxpayer identification number (or | am waiting for a number to be issued to me); and
2. | am not subject to backup withholding because: (a) | am exempt from backup withholding, or (b) | have not been notified by the Internal Revenue Service (IRS) that | am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that | am no longer subject to backup withholding; and
3.1 am aU.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that | am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, later.
Sign Signature of P Here U.S. person > LE pate> A/11/24 9;5) -| 4/8) 1/0)86]/9
C7
General Instructions and 1099-DIV (dividends, including those from stocks or mutual Section references are to the Internal Revenue Code unless otherwise * Form 1099-MISC (various types of income, prizes, awards, or gross noted.
proceeds)
Future developments. For the latest information about developments ° Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) fter they w blished, go to www..irs. 8Formw9. .
aren they Were Publisned, go to feagow Form ¢ Form 1099-S (proceeds from real estate transactions) Purpose of Form ¢ Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an * Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption «as taxpayer identification number (ATIN), or employer identification number * Form 1099-A Boqatstiion or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might ¢ Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 Rev. 10-2018)
Form W-9 (Rev. 10-2018)
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
e An individual who is a U.S. citizen or U.S. resident alien; ¢ A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; e An estate (other than a foreign estate); or
¢ A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners9 share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
e In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
e In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
° In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a <saving clause.= Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called <backup withholding.= Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for Part Il for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies,
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI), list first, and then circle, the name of the person or entity whose number you entered in Part | of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or <doing business as= (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a <disregarded entity.= See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, <Business name/disregarded entity name.= If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9, This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.
IF the entity/person on line 1 is | THEN check the box for... a(n)...
* Corporation Corporation
e Individual Individual/sole proprietor or single-
* Sole proprietorship, or member LLG
e Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
e LLC treated as a partnership for | Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. * LLC that has filed Form 8832 or | (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, | or S= S corporation) or
e LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
e Partnership Partnership
¢ Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
© Generally, individuals (including sole proprietors) are not exempt from backup withholding.
© Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. ¢ Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. ¢ Corporations are not exempt from backup withholding with respect to attorneys9 fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 14An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401 (f)(2)
24The United States or any of its agencies or instrumentalities 34A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 44A foreign government or any of its political subdivisions, agencies, or instrumentalities
54A corporation
64A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
74A futures commission merchant registered with the Commodity Futures Trading Commission
84A real estate investment trust
94An entity registered at all times during the tax year under the Investment Company Act of 1940
104A common trust fund operated by a bank under section 584(a) 114A financial institution
124A middleman known in the investment community as a nominee or custodian
1 7 trust exempt from tax under section 664 or described in section 4947
Form W-9 (Rev. 10-2018) Page 4
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
THEN the payment is exempt
for...
IF the payment is for...
Interest and dividend payments All exempt payees except for 7
Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Broker transactions
Barter exchange transactions and | Exempt payees 1 through 4 patronage dividends
Payments over $600 required to be | Generally, exempt payees reported and direct sales over 1 through 57
$5,000'
Payments made in settlement of
payment card or third party network)
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. ? However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys9 fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with <Not Applicable= (or any similar indication) written or printed on the line for a FATCA exemption code.
A4An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B4The United States or any of its agencies or instrumentalities C4A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D4A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E4A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F4A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G4A real estate investment trust
H4A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I4A common trust fund as defined in section 584(a)
J4A bank as defined in section 581
K4A broker
L4A trust exempt from tax under section 664 or described in section 4947(a)(1)
M-4A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner9s SSN (or EIN, if the owner has one). Do not enter the disregarded entity9s EIN. If the LLC is classified as a corporation or partnership, enter the entity9s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write <Applied For= in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering <Applied For= means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Part Il. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part | should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
Form W-9 (Rev. 10-2018) Page 5
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4, Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. <Other payments= include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and EIN of:
14. Account with the Department of The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
15. Grantor trust filing under the Form The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
For this type of account: Give name and SSN of:
The individual
The actual owner of the account or, if
combined funds, the first individual on
1. Individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI the account!
3. Two or more U.S. persons Each holder of the account
(joint account maintained by an FFI)
¥ 2
>
The minor9
. Custodial account of a minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust | The grantor-trustee9 (grantor is also trustee)
b. So-called trust account that is not] The actual owner! a legal or valid trust under state law
6. Sole proprietorship or disregarded | The owner®
entity owned by an individual
7. Grantor trust filing under Optional The grantor*
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A)
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an | The owner
individual
9. A valid trust, estate, or pension trust | Legal entity9
10. Corporation or LLC electing The corporation
corporate status on Form 8832 or
Form 2553
11. Association, club, religious, The organization
charitable, educational, or other taxexempt organization The partnership
The broker or nominee
12. Partnership or multi-member LLC
13. A broker or registered nominee
9 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person9s number must be furnished.
2 Circle the minor9s name and furnish the minor9s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the <Business name/disregarded entity= name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
e Protect your SSN,
e Ensure your employer is protecting your SSN, and
® Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www. ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www./dentityTheft.gov and Pub. 5027.
Visit www. irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent information.
DATE (MMIDDIYYYY)
®
ACORD CERTIFICATE OF LIABILITY INSURANCE cnn
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAMEN" Certificate Desk
Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services SHORE FAX 301 E Colorado Blvd, Suite 205 (AlC, No, Ext): 818-844-4110 (AIG, Nos Pasadena CA 91101 ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
License#: 0M93299| INSURERA: Insurance Company of the West 27847 INSURED PUBCONS-02) insy :
PUB Construction Inc ae
23545 Palomino Dr Ste A-104 INSURERC +
Diamond Bar CA 91765-1626 INSURER D :
INSURER E:
INSURERF :
COVERAGES CERTIFICATE NUMBER: 945533070 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL/SUBR| POLICY EFF | POLICY EXP
LTR TYPE OF INSURANCE INSD | wvD POLICY NUMBER (MMI/DDIYYYY) | (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY | $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY [| FBO- [| Loc PRODUCTS - COMP/OP AGG | $
OTHER: $
AUTOMOBILE LIABILITY é MEMES ONGLELIMIT | s
ANY AUTO BODILY INJURY (Per person) | $
OWNED SCHEDULED P
AUTOS ONLY AUTOS BODILY INJURY (Per accident)| $
HIRED NON-OWNED PROPERTY DAMAGE $
|__| AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
A_|WORKERS COMPENSATION Y | WSD 5044716 05 12/7/2023 | 12/7/2024 |X |SERure | | OR
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNEREXECUTIVE [4y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Subject to all policy terms, exclusions and conditions.
Re: All operations of the Named Insured for the Certificate Holder.
Where required by written contract, WC Waiver of Subrogation applies in favor of the City of Carson per the attached.
CERTIFICATE HOLDER CANCELLATION
City of Carson
701 E Carson Street
Carson CA 90745
INSURANCE APPROVED
10/21/2024
RG
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
HM fobd
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
4s & DATE (MMIDDIYYYY:
ACORD EVIDENCE OF PROPERTY INSURANCE 10/18/2024
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY ag ext): 877-308-9663 COMPANY
: oo Mt. Hawley Insurance Co.
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
License#: 0F82764
es No): 916-503-6271 SODNESS: [email protected]
CODE: SUB CODE:
AGENCY
CUSTOMER ID #:
INSURED LOAN NUMBER POLICY NUMBER
Pub Construction Inc
23545 Palomino Dr # 104 ILM0718725
Diiaamm ond Baarr CA 9176 5 EFFEC TIVE DATE EXPIRATION ON D. DATE CONTINUED UNTIL 11/01/2024 07/01/2025 TERMINATED IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATION/DESCRIPTION
Foisia Park - 23410 Catskill Avenue, Carson, CA 90745
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION PERILSINSURED | |easic_| [proan |X] specar |_|
COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk / Any One Occurrence 12,760,000 25,000
REMARKS (Including Special Conditions)
Re: Foisia Park Project
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS ADDITIONAL INSURED LENDER'S LOSS PAYABLE [x] LOSS PAYEE
INSURANCE APPROVED MORTGAGEE
LOAN #
City of Carson RG
701 E Carson Street
Carson, CA 90745 10/21/2024 Aimongponcrnasenamve
USA <oO
fom Law i,
ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DATE (MMIDDI/YYYY)
4~) @
ACORD CERTIFICATE OF LIABILITY INSURANCE 10/3/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER , Cc NAMES= Certificate Team
oeoe ng insuranee ew th PHONE). 877-308-9663 FAX oy: 916-400-2625 Rancho Cordova, CA 95742 roche [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
License#: 0F82764| INSURERA: Gemini Insurance Company 10833 INSURED 8 PUBCONS-01) iNsurerB : California Automobile Insurance Co 38342 Pub Construction, Inc.
23545 Palomino Drive, Suite 104 INSURERC : Evanston Insurance Company 35378 Diamond Bar, CA 91765 INSURERD: Underwriters at Lloyd's London 15792 INSURER E: Upland Specialty Insurance Company 16988
INSURER F :
COVERAGES CERTIFICATE NUMBER: 614997146 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL|SUBR POLICY EFF | POLICY EXP
LTR TYPE OF INSURANCE INSD | wvp POLICY NUMBER (MMIDD/YYYY) | (MM/DDIYYYY) LIMITS A | X | COMMERCIAL GENERAL LIABILITY ¥ Y | VCGP031786 5/3/2024 5/3/2025 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) _| $ 100,000 MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY | § 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY RRO- [| LOC PRODUCTS - COMP/OP AGG | $ 2,000,000 OTHER: $
B | AUTOMOBILE LIABILITY Y BA040000079492 4/8/2024 | 4/8/2025 | FOMBINED SINGLELIMIT | § 1,000,000 X | ANY AUTO BODILY INJURY (Per person) | $
OWNED SCHEDULED ; AUTOS ONLY AUTOS BODILY INJURY (Per accident)| $ HIRED NON-OWNED PROPERTY DAMAGE §
AUTOS ONLY AUTOS ONLY Per accident)
$
Cc UMBRELLA LIAB X | occur MKLV5EUL105703 5/3/2024 5/3/2025 EACH OCCURRENCE $ 8,000,000 Er 4 USXSL0116224 10/2/2024 5/3/2025
X | EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000
DED | RETENTION $ $
WORKERS COMPENSATION PER OTHAND EMPLOYERS ' LIABILITY Pin STATUTE | ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? [| NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ D_ | Professional Liability PSM1039957942 5/29/2024 | 5/29/2025 | Aggregate $2,000,000 D_ | Pollution Liability PSM1039957942 5/29/2024 5/29/2025 | Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Foisia Park Project
The City of Carson, its officers, officials, employees, agents, and volunteers are included as Additional Insured in regards to General Liability and Auto Liability per attached endorsement. Primary and Non-Contributory coverage applies. Waiver of Subrogation applies to General Liability and Auto Liability. Excess follows form subject to the terms and conditions of the policy per the Excess form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carson INSURANCE APPROVED ACCORDANCE WITH THE POLICY PROVISIONS. 701 E:Carson Street RG
Carson CA 90745 AUTHORIZED REPRESENTATIVE
USA 10/21/2024
LE Ae a
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up toa maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an <accident= which occurred before you acquired or formed the organization.
Il. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e, Any <employee= of yours is an "insured" while using a covered <auto" you don't own, hire or borrow in your business or your personal affairs.
Il. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or Organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION I] 4 LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 xX. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered <auto,= less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the <loss=; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.
The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss.
XI. GLASS REPAIR 4 DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
Xl. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.
For the purpose of this endorsement "company= means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.
Xill. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured9s" responsibility to pay damages is determined ina "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.
XIX, BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V 4 DEFINITIONS, C. "Bodily Injury= is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 Policy Number: VCGP031786 CG 20 10 07 04
Insured Name: PUB CONSTRUCTION INC
Number: 32 Effective Date: 05/03/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED 4 OWNERS, LESSORS OR
CONTRACTORS 4 SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
Any person or organization when you have agreed | All locations for which you have agreed in a written in a written and executed contract, prior to an} and executed contract prior to an <occurrence <occurrence=, that such person or organization be
added as an additional insured on your policy
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section Il 4 Who Is An Insured is amended B. With respect to the insurance afforded to to include as an additional insured the these additional insureds, the following person(s) or organization(s) shown in the additional exclusions apply:
Schedule, but only with respect to liability for
"bodily injury", "property damage= or
"personal and advertising injury" caused, in
whole or in part, by: 1. All work, including materials, parts or equipment furnished in connection with
such work, on the project (other than
2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed;
or
This insurance does not apply to <bodily
injury" or "property damage" occurring after:
1. Your acts or omissions; or
in the performance of your ongoing
operations for the additional insured(s) at the
location(s) designated above.
2. That portion of "your work" out of which
the injury or damage arises has been put
to its intended use by any person or
organization other 4 than another
contractor or subcontractor engaged in
performing operations for a principal as a
part of the same project.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: VCGP031786 CG 24 0412 19
Insured Name: PUB CONSTRUCTION INC
Number: 35 Effective Date: 05/03/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Person(s) Or Organization(s):
Any person or organization you have agreed in a written and executed contract, prior to an <occurrence=, that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV 4 Conditions:
We waive any right of recovery against the
person(s) or organization(s) shown in the
Schedule above because of payments we make
under this Coverage Part. Such waiver by us
applies only to the extent that the insured has
waived its right of recovery against such
person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
All other terms and conditions of this Policy remain unchanged.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 RESOLUTION NO. 25-131
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2025-26 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS WHEREAS, the City Council adopted the Fiscal Year 2025-26 (FY25-26) budget on June 17, 2025 for the General Fund and Special Revenue Funds of the City via Resolution No. 25-076; and WHEREAS, at its September 17, 2024 meeting, the City Council awarded a construction contract to PUB Construction Inc. in the amount of $12,757,062.40 for Capital Improvement Program (CIP) project PW1610: Foisia Park Improvements; and
WHEREAS, staff determined it advantageous to substitute the hydro-seed stated in the scope with sod to ensure a faster project completion time; and
WHEREAS, the cost for the sod substitution is $100,000.00; and WHEREAS, the $100,000 funds for PW1610 were not allocated to the project expense account for FY 2025-26; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following amendment(s) will be made to the City’s FY2025-26 budget to increase the project expenditure accounts by the CIP-General Funds.
Account Description Increase/(Decrease)
101-99-999-904-8009-PW1804 Infrastructure Roadways ($100,000.00) 101-99-999-904-8008-PW1610 Infrastructure other than Buildings $100,000.00 Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY2025-26 budget on file, and effective as of November 5, 2025, the same shall be in force and effect.
PASSED, APPROVED, AND ADOPTED this 5th day of November 2025.
APPROVED
_________________________ ________________________
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being ResolutionNo. 25-131 adopted by the City of Carson City Council at its meeting held on November 5, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL
MEMBERS: ABSTAIN: COUNCIL
MEMEBES: ABSENT:
COUNCIL MEMBERS:
_____________________________
Dr. Khaleah K. Bradshaw, City Clerk
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, November 5, 2025, 5:00 PM
DISCUSSION 30.
To: Honorable Mayor and City Council
From: Dr. Arlington Rodgers, Director of Public Works PW Operations Subject: CONSIDER APPROVAL OF AMENDMENT NO. 8 TO A CONTRACT SERVICES AGREEMENT FOR STREET SWEEPING SERVICES WITH NATIONWIDE ENVIRONMENTAL SERVICES (C-08-001) TO EXECUTE
THE FIRST ONE-YEAR CONTRACT EXTENSION OPTION AND APPROVE A DISPOSAL RATE INCREASE AND
3.42% ANNUAL CONSUMER PRICE INDEX COST OF LIVING RATE ADJUSTMENT AND APPROVAL OF RESOLUTION NO. 25-126, “A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2025-26 BUDGET IN THE SPECIAL REVENUE FUND" (CITY COUNCIL) I. SUMMARY
On March 18, 2025, Nationwide Environmental Services (NES) submitted a request for two rate adjustments under its current Street Sweeping Services Agreement (Agreement) with the City (see Exhibit 1). The first request is for a monthly Disposal Rate Adjustment (DRA) of $4,653.75, and the second is for a 3.42% annual Cost of Living Adjustment (COLA) based on the Consumer Price Index (CPI), totaling $3,356.10 per month. If approved, both increases would be applied retroactively to July 1, 2025, resulting in a combined monthly increase of $8,009.85.
The DRA request was submitted in accordance with Section 2.4 of the Agreement, which allows for extraordinary rate adjustments when supported by appropriate documentation and approved by the City Council. The CPI request was made under Section 2.3, which authorizes an annual cost-of-living adjustment based on CPI. Under this provision, the City Manager may approve CPI increases for two consecutive years, with the City Council approving the third-year adjustment. This report is for the third year (2025), therefore requiring City Council review and approval.
On July 1, 2024, the City and NES executed the Seventh Amendment to the Agreement, establishing a contract end date of June 30, 2025, with an option for two additional one-year extensions. As a best practice, the City is transitioning away from “evergreen contracts” i.e. those that automatically renew without formal review, and moving toward fixed-term agreements with defined end dates. This approach promotes transparency, accountability, and compliance with public contracting laws while allowing regular evaluations of contractor performance, pricing, and service quality.
The proposed Eighth Amendment would exercise the first one-year extension option and incorporate the requested rate adjustments. The CPI increase will be funded through the Gas Tax Account, and the total increase of $96,118.21 has already been included in the Fiscal Year 2025-26 budget, bringing the adjusted contract total to $1,273,697.53 (see Exhibit 2).
II. RECOMMENDATION
TAKE the following actions:
1. APPROVE Amendment No. 8 to a Contract Services Agreement with Nationwide Environmental Services, Inc., a division of Joe’s Sweeping, Inc., to provide street sweeping services with a disposal rate adjustment of $55,845 and annual Consumer Price Index rate adjustment of $40,273.21 for FY 2025-26, for a total amount of $96,118.21, thereby increasing the total annual contract sum under the Agreement to $1,273,697.53; and,
2. AUTHORIZE the Mayor to execute the same following approval as to form by the City Attorney; and,
3. WAIVE further reading and ADOPT Resolution No. 25-126, “A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2025-26 BUDGET IN THE SPECIAL REVENUE FUND” (Exhibit 3).
III. ALTERNATIVES
1. TAKE any other action that the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
The City first entered into an agreement with Nationwide Environmental Services (NES) in 2008 to provide citywide street sweeping services. The original agreement had a three-year term beginning July 1, 2008, and included options for renewal. Over the years, the agreement has been amended several times to extend the contract term, adjust compensation, and update provisions related to cost-of-living adjustments and rate increases. Below is a summary of the amendments:
First Amendment (February 1, 2011): Added sidewalk sweeping services, extended the agreement through June 30, 2018, and allowed for annual cost-of-living adjustments (CPI increases) subject to City Council approval.
Second Amendment (April 1, 2014): Further extended the term of the agreement.
Third Amendment (Effective July 1, 2019): Ratified and memorialized four prior CPI adjustments and approved a new CPI increase.
Fourth Amendment (Effective July 1, 2020): Approved a 2.96% CPI rate adjustment for FY 2020-21.
Fifth Amendment (Effective July 1, 2021): Approved a 1.5% CPI adjustment and a Disposal Rate Adjustment (DRA) increase of $4,836.25 per month, both effective July 1, 2021.
Sixth Amendment (Effective July 1, 2022): Approved a 6.6% CPI adjustment and modified the approval process so that the City Manager may approve CPI adjustments for two consecutive years, with City Council approval required every third year.
Seventh Amendment (Effective July 1, 2024): Approved a 3.48% CPI increase, bringing the total annual contract amount to $1,177,579.32, and established a defined contract end date of June 30, 2025, with two optional one-year extensions. As part of a broader best-practice initiative, the City is moving away from “evergreen” contracts, which automatically renew without review, to contracts with defined term end dates.
This approach improves transparency, accountability, and compliance with public contracting laws while allowing regular evaluations of contractor performance, pricing, and service quality.
Proposed Eighth Amendment
On March 18, 2025, NES submitted a request for two rate adjustments; a 3.42% annual cost-of-living increase based on the Consumer Price Index (CPI), totaling $3,356.10 per month, and a monthly Disposal Rate Adjustment (DRA) of $4,653.75. Both requests are proposed to take effect retroactively to July 1, 2025. Under Section 2.3 of the Agreement, NES may request annual CPI-based rate adjustments in accordance with the Los Angeles–Anaheim– Riverside CPI, published by the U.S. Department of Labor, Bureau of Labor Statistics. Under Section 2.4, NES may also request extraordinary adjustments such as the DRA, subject to City Council approval and supporting documentation. Approval of the Eighth Amendment would: Implement the 3.42% CPI increase, consistent with the Bureau of Labor Statistics data (Exhibit 6); approve the DRA increase; adjust the total annual contract amount to $1,273,697.53; and, exercise the first of two available one-year contract extension options.
V. FISCAL IMPACT
The requested 3.42% Cost of Living Adjustment (CPI increase) and Disposal Rate Adjustment (DRA) will result in a total contract increase of $96,118.21. The CPI increase will be funded from the Gas Tax Account (212-80-840-281- 6004). The current annual contract amount for FY 2024-25 is $1,177,579.32. If the proposed increases are approved, the total annual allocation for FY 2025-26 would rise to $1,273,697.53. To implement this adjustment, a budget amendment is required to increase the FY 2025-26 special revenue fund allocation for the NES agreement by $96,118.21. Adoption of Resolution No. 25-126 will authorize this budget amendment.
VI. EXHIBITS
1. Nationwide Environmental Services’ Consumer Price Index Rate & Disposal Rate Adjustment Request dated March 18, 2025
2. Proposed Eighth Amendment to Contract Services Agreement to Provide Street Sweeping Services for the City of Carson, California
3. Resolution No. 25-126, “A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2025-26 BUDGET IN THE SPECIAL REVENUE FUND”
4. Section 2.3 of Agreement
5. Section 2.4 of Agreement
6. Consumer Price Index - 2025, All Urban Consumers, for the Los Angeles-Long Beach-Anaheim, CA as published by the United States Department of Labor, Bureau of Labor Statistics Attachments
Exhibit No. 1-NES-CPI&DRI Request-2025.pdf
Exhibit No. 2-Amendment No. 8
Exhibit 3-Final-Resolution No. 25-126-NES-CPI Request-2025.pdf Exhibit No. 4 -NES Contract 2.3.pdf
Exhibit No. 5 -NES Contract 2.4.pdf
Exhibit No. 6-CPI-2025.pdf
01007.0006 2057783.3 1
EIGHTH AMENDMENT TO CONTRACT SERVICES AGREEMENT
TO PROVIDE STREET SWEEPING SERVICES
FOR THE CITY OF CARSON, CALIFORNIA
This EIGHTH AMENDMENT TO CONTRACT SERVICES AGREEMENT TO
PROVIDE STREET SWEEPING SERVICES FOR THE CITY OF CARSON, CALIFORNIA (“Eighth Amendment”) by and between the City of Carson, a California municipal corporation (“City”) and Nationwide Environmental Services, a division of Joe’s Sweeping, Inc., a California corporation (“Contractor”), is effective retroactive to June 30, 2025. City and Contractor may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City and Contractor entered into that certain “Contract Services Agreement” (“Agreement”) dated July 1, 2008, for street sweeping services within the City, which provided for an annual contract sum of $731,420; and
B. City and Contractor entered into that certain “First Amendment to Contract Services Agreement” (“First Amendment”) dated February 1, 2011, for street sweeping services within the City, which made amendments to the provisions of the Agreement relating to Scope of Services, CPI adjustments, Extraordinary Adjustments, Term, and Termination; and C. City and Contractor entered into that certain “Second Amendment to Contract Services Agreement” (“Second Amendment”) dated April 1, 2014, for street sweeping services within the City, which made amendments to the provisions of the Agreement, as amended by the First Amendment, relating to Scope of Services, Term, and Termination, and which amended the Contract Sum provisions of the Agreement to authorize an additional annual sum of $58,000 for sidewalk sweeping services; and
D. Section 2.3 (Future Adjustments) of the Agreement, as amended by the First Amendment, provides, “[e]ffective July 1, 2009, and on each July 1 thereafter, the compensation paid to the contractor may be adjusted annually to rates that are based upon changes in the Consumer Price Index (“CPI’”, All Urban Consumers for Los Angeles-Anaheim-Riverside Area, as published by the United States Department of Labor, Bureau of Labor Statistics. The Contractor shall submit to the City, each April, beginning in 2009, information in support of an annual adjustment. The information will include changes in the CPI that have occurred during the preceding calendar year. The City Manager or designee shall review the information submitted by Contractor and will refer the proposed adjustment to City Council for approval, in its reasonable judgment.”
E. Between the effective date of the Agreement and the end of 2018, five CPI increases requested by Contractor were approved for budgeting purposes by the City Council, and thereafter paid by the City, in the total amount of $72,958.44, as follows: (1) CPI increase of 2.2%, effective July 1, 2013; (2) CPI increase of 1.3%, effective July 1, 2015; (3) CPI increase of .91% effective July 1, 2016; (4) CPI increase of 1.89%, effective July 1, 2017; and (5) CPI increase of 2.79%, effective July 1, 2018. City and Contractor ratified the Prior CPI Increases by entering into that certain “Third Amendment to Contract Services Agreement” (“Third Amendment”) effective July 1, 2019. The Third Amendment also authorized a CPI Increase of 3.8% pursuant to request 01007.0006 2057783.3 2
submitted by Consultant on April 2, 2019, thereby increasing the contract sum by $32,770.32 (in addition to the $72,958.44 reflecting the previous CPI Increases) to $895,148.76.
F. On April 1, 2020, Contractor submitted a request to the City for a 2.96% cost of living increase pursuant to Section 2.3 of the Agreement, and the City approved of same, resulting in the parties entering into that certain “Fourth Amendment to Contract Services Agreement” (“Fourth Amendment”) effective July 1, 2020, thereby increasing the annual Contract Sum by $26,496.64, for a total contract sum of $921,645.48.
G. Also by the Fourth Amendment, pursuant to Section 2.3 of the Agreement, the Parties increased the hourly rates specified in Section C.1(2) of Exhibit “C” of the Agreement, for additional street sweeping services requested by the Contract Officer and not otherwise specified in the Agreement, to reflect the cumulative effects of CPI, as such effects had been identified and determined, with respect to the annual contract sum, by the aforementioned CPI increases.
H. On July 1, 2021, the parties entered into that certain “Fifth Amendment to Contract Services Agreement” (“Fifth Amendment”) increasing the annual Contract Sum to $993,505.16.
This increase was the result of Consultant’s submittal of a request for a monthly Disposal Rate Adjustment (“DRA”) increase of $4,836.25 to be effective July 1, 2021 and an annual cost of living increase per the CPI, in the amount of $1,152.06 per month, equaling 1.5% of the contract sum, which when combined increased the total amount of the contract sum by $5,988.31 per month. The DRA and CPI increases were made pursuant to Sections 2.4 and 2.3, respectively, of the Agreement.
I. On July 1, 2022, the parties entered into that certain “Sixth Amendment to Contract Services Agreement” (“Sixth Amendment”) to incorporate a 6.6% cost of living increase pursuant to Section 2.3 of the Agreement (equivalent to an annual contract sum increase of $65,571.34), effective July 1, 2022, resulting in an increase of $65,571.34 to the contract sum per annum thereby increasing the annual contract sum from $993,505.17 to $1,059,076.50. The Sixth Amendment also authorizes the City Manager to approve CPI increases (if any) granted pursuant to Section 2.3 of the Agreement two out of every three years, with City Council approval being required only every third year (starting with the City Council approval granted pursuant to the Sixth Amendment effective July 1, 2022), rather than requiring City Council approval for the CPI increase (if any) granted each year as was the case prior to the Sixth Amendment, in order to conserve City resources associated with presenting such regular CPI increases to the City Council for its consideration each year.
J. On April 4, 2023, Contractor submitted a request to the City for a 7.45% cost of living increase pursuant to Section 2.3 of the Agreement (equivalent to an annual contract sum increase of $78,901.20), effective July 1, 2023.
K. The City Manager reviewed the request and supporting documentation submitted by the Contractor, and determined that the requested 7.45% CPI increase is accurate and appropriate pursuant to Section 2.3 of the Agreement, and based thereon, on September 21, 2023, approved the same, resulting in an increase of $78,901.20 to the contract sum per annum thereby increasing the annual contract sum from $1,059,076.50 to $1,137,977.70.
L. On July 1, 2024, the parties entered into that certain “Seventh Amendment to Contract Services Agreement” (“Seventh Amendment”) to incorporate a 3.48% cost of living 01007.0006 2057783.3 3
increase pursuant to Section 2.3 of the Agreement, effective July 1, 2024, resulting in an increase of $39,601.62 to the contract sum per annum thereby increasing the annual contract sum from $1,137,977.70 to $1,177,579.32. The Seventh Amendment also granted an extension of the term to June 30, 2025, with City options to extend the term by two (2) additional one-year terms.
M. Section 2.4 (“Extraordinary Adjustments”) of the Agreement provides as follows, in part: “… the Contractor or the City may request an adjustment to the compensation paid to the Contractor at times other than those specified in Section 2.3, based upon unusual changes in the cost of providing service under this agreement. The Contractor may request only one such adjustment during any rate year. Unusual changes may include changes in components of the disposal rate, changes in the disposal site requested by the City, changes in state or local government solid waste fees and charges, and changes in the law. The changes do not include inaccurate estimates by the Contractor of its proposed cost of operations. For each request, the Contractor must prepare a schedule documenting the extraordinary costs. The request shall be prepared in a form acceptable to the City with support for all assumptions made by the Contractor in preparing the estimate. The City shall review the Contractor’s request and, in the City’s reasonable judgment, make the final determination on the appropriate amount of the adjustment, if any.”
N. On March 18, 2025, Contractor submitted (1) a request to the City for a 3.42% cost of living increase pursuant to Section 2.3 of the Agreement (equivalent to an annual contract sum increase of $40,273.21), effective July 1, 2025; and (2) a request for a monthly rate adjustment of $4,653.75 pursuant to Section 2.4 of the Agreement based on asserted extraordinary costs resulting from an increase of 42% since the last adjustment in 2021 in the rates charged by third parties to Contractor for disposal of street sweeping debris pursuant to the Agreement, effective July 1, 2025.
O. The City has reviewed the request and supporting documentation submitted by the Contractor, and has determined as follows: (1) the requested 3.42% CPI increase is accurate and appropriate pursuant to Section 2.3 of the Agreement, and the City sees fit to approve of same, resulting in an increase of $40,273.21 to the contract sum per annum; and (2) the requested increase pursuant to Section 2.4 of the Agreement is appropriate, as the City’s determination after review of the supporting documentation submitted by Contractor is that the entirety of the aforementioned 42% increase in disposal rates is attributable to unusual or extraordinary causes rather than to inflation, cost of living, usual market forces, or other usual or ordinary causes or changes, and the City therefore sees fit to approve of same, resulting in an increase of $55,845 to the contract sum per annum. Adding the two adjustments together results in a total increase of $96,118.21 to the per annum contract sum, thereby increasing the per annum contract sum from $1,177,579.32 to $1,273,697.53.
P. The parties also seek to amend the term of the Agreement so that it shall expire June 30, 2026 so that City will only have one final option to extend the term by one (1) additional year.
Q. Based on the foregoing, the City and Consultant now wish to further amend the Agreement, as amended by the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment (collectively, “Prior Amendments”), to incorporate the 3.42% CPI increase, disposal rate increase, and adjustment to the Agreement term, effective retroactive to June 30, 2025. 01007.0006 2057783.3 4
TERMS
1. Recitals. The Recitals set forth above are hereby incorporated into this Eighth Amendment by this reference, as though fully set forth herein.
2. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through).
A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:
“2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Million Two One Hundred Seventy Three Seven Thousand Six Five Hundred Seventy Nine Ninety Seven Dollars and Thirty Two Fifty Three Cents ($1,273,697.53 1,177,579.32) (“Contract Sum”) per annum, except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of services, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.” B. Section 3.4 (Term & Extended Term(s)) of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term & Extended Term(s). The term of this Agreement, as amended, shall continue in full force and effect until expiration on June 30, 20256. The City may, at its sole discretion, elect to extend the term by one two (12) additional one-year terms. The anniversary date of this Agreement is April 1 of each year.” C. Section C.1 of Exhibit “C” (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows:
“C.1. For the services required herein, the Contractor shall be paid the following as the Contract Sum:
1. The annual sum of One Million Ninety Five One Hundred Thirty Three Thousand Six One Hundred Seventy Seven Fifty Dollars and Ninety Four Thirteen Cents ($1,133,150.12 1,095,677.94) in twelve (12) monthly installments at the time specified in this Agreement. The Contract Sum shall be adjusted annually, in accordance with section 2.0 Compensation of this Agreement.” 01007.0006 2057783.3 5
2. Any additional street sweeping services requested by the Contract Officer and not otherwise specified in the Agreement shall be performed by the Contractor at one of the following rates $138.20 $133.63 per hour per sweeper, $44.50 $43.03 per curb mile. The City shall maintain sole discretion in selecting which rate shall apply when additional services are employed. These hourly or curb mile rates shall be adjusted on the anniversary of the Commencement Date in the manner set forth in this Agreement. The hourly rate shall apply whenever special services are requested by the Contract officer. The mileage rate shall apply to any new streets added or deleted from the sweeping schedule.
3. The additional annual sum of Eighty Four One Thousand Nine Seven Hundred One Two Dollars and Forty Three Cents ($84,702.43 81,901.40) for sidewalk sweeping services payable in twelve (12) monthly installments at the time specified in the Agreement. Such sum shall be adjusted annually, in accordance with Section 2.0 Compensation of this Agreement.”
3. Continuing Effect of Agreement. Except as expressly amended by this Eighth Amendment in Section 1 above and the Prior Amendments, all other terms, conditions and provisions of the Agreement shall remain unchanged and are in full force and effect. From and after the date of this Eighth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Eighth Amendment and Prior Amendments.
4. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Prior Amendments. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and the Prior Amendments. Each party represents and warrants to the other that the Agreement, as amended by the Prior Amendments, is currently effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Eighth Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Eighth Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Eighth Amendment.
6. Authority. The persons executing this Eighth Amendment 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 Eighth Amendment on behalf of said party, (iii) by so executing this Eighth 01007.0006 2057783.3 6
Amendment, such party is formally bound to the provisions of this Eighth Amendment, and (iv) the entering into this Eighth Amendment does not violate any provision of any other agreement to which said party is bound.
7. Counterparts. This Eighth Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Eighth Amendment. [SIGNATURES ON FOLLOWING PAGE]
01007.0006 2057783.3 7
IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment on the date(s) and year written below effective retroactive to June 30, 2025.
CITY:
CITY OF CARSON, a municipal corporation
____________________________________
Lula Davis-Homes, Mayor
________________, 2025
ATTEST:
______________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______________________________
Sunny K. Soltani, City Attorney
[pks; rjl]
CONTRACTOR:
NATIONWIDE ENVIRONMENTAL SERVICES,
a division of Joe’s Sweeping, Inc., a California
Corporation
By: ____________________________________
Name:
Title: President
By: ___________________________________
Name:
Title: Secretary
________________, 2025
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
RESOLUTION NO. 25-126
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2025-26 BUDGET IN THE SPECIAL REVENUE FUND
WHEREAS, the City Council adopted the Fiscal Year 2025-26 (FY25-26) budget on June 17, 2025 for the General Fund and Special Revenue Funds of the City via Resolution No. 25-076; and WHEREAS, the City Council desires to amend the FY2025-26 budget; and WHEREAS, the City Council has determined it necessary to amend the FY2025-26 Special Revenue Fund budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following amendment(s) will be made to the City’s FY2025-26 budget.
Increase/(Decrease)
212-80-840-281-6004 Professional Services $96,118.20
Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY 2025-26 budget on file, and effective as of November 5, 2025, the same shall be in force and effect.
PASSED, APPROVED, AND ADOPTED this 5th day of November, 2025.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, City Attorney Lula Davis Holmes, Mayor ATTEST:
Dr.Khaleah K. Bradshaw, City Clerk
Exhibit 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-126 adopted by the City of Carson City Council at its meeting held on November 5, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk, Dr. Khaleah K. Bradshaw
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, November 5, 2025, 5:00 PM
DISCUSSION 31.
To: Honorable Mayor and City Council
From: Dr. Khaleah K. Bradshaw, City Clerk CLERK Administration Subject: CONSIDER TAKING AN ACTION PURSUANT TO ELECTION CODE SECTION 9215 FOR
FIREWORKS INITIATIVE ORDINANCE (CITY COUNCIL)
I. SUMMARY
Following the City Clerk/Elections Official's certification that the initiative petition has secured the required number of valid signatures, action must now be taken as mandated by state law. Under Elections Code 9215, the Mayor and Council have a mandatory duty to select one of the following three options:
1. Adopt the Ordinance: The Mayor and Council may adopt the initiative ordinance without alteration at tonight's regular meeting at which the certificate was presented, or within 10 days thereafter.
2. Order an Election: The Mayor and Council may order the initiative ordinance to be submitted to the voters at a regular election on June 2, 2026, or at a special election.
3. Order a Report: The Mayor and Council may, as a preliminary step, order a report on the effects/impacts of the initiative measure pursuant to Elections Code Section 9212. This report, which can cover the measure's fiscal impact, effect on the General Plan, and impact on housing or infrastructure (among other things), provides an opportunity for due diligence.
For the third option, the report pursuant to Elections Code Section 9212 would have to be presented to the City Council no later than 30 days from today, November 5, 2025 (as the date the certificate of sufficiency was received). Upon receiving the completed report, the Mayor and Council would then be required to revert to the Elections Code 9215 mandates, having 10 days to either adopt the ordinance without alteration or order an election.
Therefore, the item before the Council is to decide which action to take from among these three options.
II. RECOMMENDATION
TAKE ONE of the following actions:
1. ADOPT without alteration and pursuant to Elections Code Section 9215(a), Ordinance No. 25-2519, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING AN INITIATIVE MEASURE ENTITLED “A PROPOSED INITIATIVE ORDINANCE TO AMEND THE CARSON MUNICIPAL CODE TO PERMIT THE SALE AND USE OF CERTAIN FIREWORKS WITHIN THE CITY OF CARSON” (Exhibit No. 1); OR
2. ORDER a Report on the effects of the proposed initiative Ordinance No. 25-2519, pursuant to Election Code sections 9215(c) and 9212; and SUBMIT the proposed initiative Ordinance No. 25-2519, without alteration, to the voters at a General Municipal Election occurring on June 2, 2026, pursuant to Elections Code Sections 9215(b) and 1405, by taking the following actions:
a. ADOPT Resolution 25-133, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 2, 2026, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AN INITIATIVE MEASURE, WHICH WILL AMEND ARTICLE III, CHAPTER 1 “FIRE PREVENTION” OF THE CARSON MUNICIPAL CODE TO ALLOW THE SALE AND USE OF “SAFE AND SANE” FIREWORKS IN THE CITY OF CARSON” (Exhibit No. 2); and
b. ADOPT Resolution 25-134, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS REGARDING AN INITIATIVE MEASURE, WHICH WILL ALLOW THE SALE AND USE OF “SAFE AND SANE” FIREWORKS IN THE CITY OF CARSON” (Exhibit No. 3); and
c. ADOPT Resolution 25-135, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING AN INITIATIVE MEASURE, WHICH WILL AMEND ARTICLE III, CHAPTER 1 “FIRE PREVENTION” OF THE CARSON MUNICIPAL CODE TO ALLOW THE SALE AND USE OF “SAFE AND SANE” FIREWORKS IN THE CITY OF CARSON, TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION ON JUNE 2, 2026” (Exhibit No. 4); OR
3. ORDER a Report on the effects of the proposed initiative Ordinance No. 25-2519, pursuant to Election Code sections 9215(c) and 9212; and SUBMIT the proposed initiative Ordinance No. 25-2519, without alteration, to the voters at a General Municipal Election occurring on June 2, 2026, pursuant to Elections Code Sections 9215(b) and 1405.
III. ALTERNATIVES
1. As an alternative to Option 2 above, the Council could instead opt to submit the proposed initiative ordinance, without alteration, to the voters at a special election not less than 88 days nor more than 103 days after the order of the election. However, a special election is not recommended because of the significant costs that would be associated with holding a special election, as detailed in Section IV below.
2. Except as provided above, there are no alternatives; State law provides that when a lawful initiative is certified to a city council as a sufficient petition, the city council shall either adopt the ordinance, request a report, or submit the ordinance to the voters, as detailed above. (Elections Code §§ 9215, 9211, 9114, 1405.) IV. BACKGROUND
On March 18, 2025, the City Council adopted Ordinance No. 25-2507, which amended the City's fireworks regulations (in Chapter 1 of Article III of the Carson Municipal Code) to prohibit the sale, use, and discharge of "safe and sane" fireworks in the City of Carson. Previously, the sale of "safe and sane" fireworks from temporary stands was allowed, subject to issuance of a permit, and use and discharge of such fireworks was allowed during specified days and times around the Fourth of July season. Ordinance No. 25-2507 was adopted to protect public safety, reduce fire risk, and aid law enforcement. Ordinance No. 25-2507 allows for permitted public fireworks displays by licensed operators.
On April 28, 2025, the City Clerk's office received proper documents to propose an initiative ordinance to amend the Carson Municipal Code to permit the sale and use of certain fireworks within the City.
Summary of Proposed Measure
The proposed initiative ordinance would amend the Carson Municipal Code to remove the ban on “safe and sane fireworks” that was put in place by Ordinance No. 25-2507 and instead (i) allow use and discharge of “safe and sane fireworks” by the general public during specified dates and times around the Fourth of July season, and (ii) allow the sale of “safe and sane fireworks” from temporary stands by permitted nonprofit organizations during specified dates and times around the Fourth of July season, subject to specified permitting and operational regulations. The maximum number of permitted stands each year would be 12.
The proposed initiative ordinance includes a general prohibition on use, discharge and sale of “dangerous fireworks” (as defined in California Health & Safety Code Section 12529), subject to an exception allowing the activities contained in California Health & Safety Code Section 12640 upon issuance of a permit by the City Manager. Such activities include: (i) manufacturing, importing, exporting, storing, possessing, or selling “dangerous fireworks” at wholesale; (ii) discharging “dangerous fireworks” at any place, including a public display; and (iii) using special effects. The proposed initiative ordinance provides that each such use or display shall be handled by a licensed pyrotechnic operator.
The proposed initiative ordinance also includes exceptions allowing activities involving “agricultural and wildlife fireworks” (as defined in the proposed ordinance) and model rockets, subject to issuance of a permit by the City Manager.
Certification of Sufficiency Triggering Required Action Pursuant to Elections Code Section 9215 As part of the initiative process, proponents are required to circulate their petition and gather signatures from at least 10% of the city’s registered voters (which in this case was 6,405) within 180 days. This requirement was met on time, and the petition was submitted to the City Clerk/Elections Official, who conducted a prima facie review, accepted the petition for filing on September 18, 2025, and then forwarded it to the County Clerk for signature verification on September 22, 2025. On October 10, 2025, the County Clerk certified that 7,200 of the 9,495 signatures were valid, confirming the petition’s sufficiency as the number of valid signatures exceeded the required 10%. The Certificate of Sufficiency was subsequently issued by the City Clerk and presented to the City Council as part of the consent calendar on tonight’s City Council meeting agenda.
Following the certification of sufficiency to the proposed initiative, the City Council is required to take one of the following actions pursuant to Elections Code § 9215: (a) Adopt the ordinance, without alteration; (b) Submit the ordinance, without alteration, to the voters at the next regular election not less than 88 days later or at a special election not less than 88 days nor more than 103 days after the order of the election; or (c) Order a report pursuant to Elections Code 9212 on the impact of the proposed initiative. These options are further discussed below.
Option 1 - Adopt the Ordinance, as presented
Pursuant to California Elections Code § 9215(a), the City Council “may adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented.” If the City Council chooses this option, the adoption of the Ordinance may take place at tonight’s meeting (November 5, 2025) or within 10 calendar days. The Ordinance would take effect immediately upon adoption pursuant to Charter Section 316(1), which provides that any ordinance calling or otherwise relating to an election shall take effect immediately upon adoption. Additionally, Charter Section 313(A) provides that ordinances which take effect immediately upon adoption are excepted from the general requirement that ordinances be first introduced by the City Council and then have a second reading no sooner than five days after their introduction and prior to their adoption.
By adopting the initiative ordinance, with further reading waived, the City’s fireworks regulations in Article III, Chapter 1 of the Carson Municipal Code would be amended as set forth in Exhibit A to Ordinance No. 25-2519 (Exhibit No. 1), which is the text of the proponent’s initiative measure.
Option 2 – Submit the Ordinance to the Voters, as presented Pursuant to California Elections Code Section 9215(b), the City Council may “submit the Ordinance, without alteration, to the voters pursuant to [Elections Code] Section 1405.” If the Council selects this option and a majority of the voters voting on the initiative ordinance vote in its favor, then the initiative ordinance shall become a valid and binding ordinance of the City. The ordinance shall be considered as adopted upon the date that the vote from the election is declared by the City Council, and shall go into effect 10 days after that date. No ordinance that is either proposed by initiative petition and adopted by the vote of the City Council without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance (Elections Code Section 9217).
Elections Code Section 1405 provides two options for the election date when the ordinance may be submitted to the voters, as detailed below.
General Municipal Election to be held on June 2, 2026
The first option pursuant to Elections Code § 1405(a) provides that the election for a municipal initiative that qualifies pursuant to Elections Code Section 9215 may be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election.” The City’s next regular election is scheduled for June 2, 2026, which is a statewide general election date.
To send the initiative ordinance to the voters at the general municipal election on June 2, 2026, three election resolutions are presented for consideration by the City Council: (1) calling an election and ordering submission of the Initiative Measure and requesting consolidation with the Statewide Election; (2) setting priorities for writing and filing Argument(s) and directing the City Attorney to prepare an Impartial Analysis; and (3) authorizing Rebuttal Arguments.
The first resolution calls an election on the initiative ordinance and requests the County to consolidate that election with the Statewide General Election scheduled for June 2, 2026. The first resolution also includes a “ballot label” which describes the proposed ordinance and which is the question that would actually be presented to the voters.
Ballot labels are limited to 75 words or less. The Council may revise the language used for the ballot label within the following state law restrictions: “The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.” (Election Code section 13119(c).) (Exhibit No. 2).
The second resolution is concerned with written arguments (both pro and con) about the initiative measure, as well as directing the City Attorney to prepare an impartial analysis of the initiative measure. The second resolution also establishes priorities under state law for selecting among multiple arguments in the event multiple arguments are submitted. (Exhibit No. 3). The argument authorization in this resolution is pursuant to Election Code section 9282, which provides that for measures placed on the ballot by petition, the persons filing an initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.
The third resolution provides for the filing of rebuttal arguments to the primary written arguments. The rebuttal arguments are prepared by the opposite authors of the primary written arguments. Rebuttal arguments are optional under state law and are allowed at the discretion of the City Council. Disallowing rebuttal arguments will result in lowering the total cost for placing the initiative measure on the ballot (as extra pages in the voter books cost more money). The exact amount of potential cost savings is unknown at present. If the City Council does not desire to authorize rebuttal arguments, then Council should not approve this third election resolution. (Exhibit No. 4).
Special Election
The second option pursuant to Elections Code § 1405(b) is that the City Council “may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot pursuant to [Elections Code § 1405(a)]. If the governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election.”
The cost to the City of the last special election held in November 2021 was $2,095,850.72. The cost of calling and consolidating an election on the initiative ordinance with the general statewide election on June 2, 2026, as is provided in the first resolution, would be far lower. Accordingly, staff does not recommend holding a special election.
Option 3 – Order a report on the effects of the Proposed Initiative Pursuant to Election Code section 9215(c) and Section 9212, the City Council (rather than immediately adopt the ordinance or order an election) may request a report on any or all of the following related to the initiative ordinance:
1. Its fiscal impact.
2. Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs.
4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses.
5. Its impact on the community's ability to attract and retain business and employment.
6. Its impact on the uses of vacant parcels of land.
7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.
8. Any other matters the legislative body requests to be in the report.
If this option is selected, the report would have to be presented to the Council within 30 days (i.e., by the December 2 regular Council meeting), and when the report is presented, Council would then be required to adopt the initiative or order an election on it as outlined above.
Staff requests that if Council orders a report, that Council (consistent with Election Code section 9212 options, see below) provide direction on the desired contents of the report. The public report would potentially help Council to decide whether to choose between Option A or Option B above and would also be available to the voters if Council should decide to send the measure to the voters rather than adopt the ordinance.
V. FISCAL IMPACT
The fiscal impact of the proposed initiative ordinance, should it be adopted by the City Council or approved by the voters, is expected to be minimal. The cost to the City of the last special election held in November 2021 was $2,095,850.72.
VI. EXHIBITS
1. Ordinance No. 25-2519 - (Exhibit A)Text of Initiative Measure
2. Resolution 25-133 - (Exhibit A) Text of Initiative Measure
3. Resolution 25-134
4. Resolution 25-135
Attachments
Ordinance 25-2519.pdf
Resolution 25-133.pdf
Resolution 25-134.pdf
Resolution 25-135.pdf
ORDINANCE NO. 25-2519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING AN INITIATIVE MEASURE ENTITLED “A
PROPOSED INITIATIVE ORDINANCE TO AMEND THE CARSON
MUNICIPAL CODE TO PERMIT THE SALE AND USE OF CERTAIN
FIREWORKS WITHIN THE CITY OF CARSON”
WHEREAS, pursuant to Section 9215 of the California Elections Code, the City Council of the City of Carson has received a duly signed and certified initiative petition containing the signatures of not less than ten percent (10%) of the registered voters of the City according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187 of the California Elections Code, which petition proposes a municipal initiative ordinance that would amend Article III, Chapter 1, Fire Prevention, of the Carson Municipal Code to allow the sale of and use of “Safe and Sane Fireworks” in the City of Carson; and WHEREAS, the municipal initiative ordinance proposed by the petition, as submitted to the City by the proponent(s) thereof, is attached hereto as Exhibit A (the “Initiative Measure”); and
WHEREAS, pursuant to Section 9215 of the California Elections Code, the City Council is required to either adopt the Initiative Measure, without alteration, or submit the Initiative Measure to a vote of the electorate of the City pursuant to Section 1405 of the California Elections Code; and
WHEREAS, to comply with Section 9215 of the California Elections Code, the City Council hereby sees fit and intends to adopt the Initiative Measure without alteration in accordance with Section 9215(a) of the California Elections Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. ADOPTION OF INITIATIVE MEASURE. Pursuant to Section 9215(a) of the California Elections Code, the City Council of the City of Carson hereby adopts the Initiative Measure, which is attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 3. REPEAL AND AMENDMENT. In accordance with Section 9217 of the California Elections Code, the provisions of the Initiative Measure adopted by this Ordinance shall not be repealed or amended except by a vote of the electorate of the City of Carson, unless provision is otherwise made in the Initiative Measure.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption, pursuant to Charter Section 316(1).
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted and codified in the manner required by law. [Signatures on the following page]
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on this 5th day of November, 2025.
________________________________
Lula Davis-Holmes, Mayor
ATTEST:
__________________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Sunny K. Soltani, City Attorney
EXHIBIT A
[Exhibit on the following page]
The People of the City of Carson do ordain as follows:
SECTION 1. FINDINGS AND STATEMENT OF PURPOSE
A. The residents of Carson have responsibly enjoyed the use of State Fire MarshalA1>provcd ··Safe and Sanc'1 Fireworks for many years. These fireworks adhere to strict state regulations, and a 13-ycar analysis by the Los Angeles County Fire Department found no fire losses or injuries resulting from their use.
B. Many of our local nonprofit organizations rely on the proceeds from the sale of Safe and Sane flreworks as a significant source of their annual funding. The loss of this funding threatens critical community programs that senre Carson residents.
C. The use of illegal and dangerous fireworks must remain unlawful in our City, and our City must use every resource available to prosecute violators who use them in our City. The use of illegal and dangerous fireworks in our City is the 1·eal problem and not the sale of Safe and Sane Fireworks.
D. .Jurisdictions that allow the sale and use of Safe and Sane Fireworks have documented dedines in the use of illegal and dangerous fireworks. This decline is achieved, in part, through residents having the option to use Sare and Sane Fircn·orks instead of illegal and dangerous fireworks. There a,·c other factors that contribute to this decline, such as increased public education efforts, stronger enforcement of ordinances prohibiting the use of illegal and dangerous fire,-rorks, and the imposition of higher administrative fines and penalties to deter the use of illegal and dangerous fireworks.
These fines and penalties can help off set enforcement costs.
E. The revenues ~enerated from the sale of Safe and Sane Fireworks can provide direct financial support for 1mhlic safety, public education, and enforcement efforts targeting the use of illegal and dangerous fireworks. In jurisdictions that allow their sale, revenue from administrative fines, local fees, and state sales tax contributions fund enforcement operations. Additionally, AB 1403, signed into law by GoYernor Newsom in 2023, allows cities that permit Safe and Sane Fireworks to impose sales fees that fund public awareness campaigns and strengthen enforcement measures.
F. Despite these facts, the Carson City Council recently voted to ban the sale and use of Safe and Sane Fire,·rnrks. The , 1oters of Carson re,iect that decision and instead propose a comprehensive regulatory framework that restores the ability to seH and use Safe and Sane Fireworks while enhancing efforts to combat the use of illegal and dangerous fireworks within the City.
SECTION 2. Carson l\'lunicipal Code Article HI, Chapter t (commencing with Section 310l.0 to 3101.10) is amended to read as follows (deleted text shown in strike(n:1:t t=ipe and added text shown in itlllid:etl ()'fJ(?):
Section 3 IO t.0 is repealed.
3 IO l .0 Fireworks.
(a) It shall be unlawful for any person to ~.ell, di~;charge or trne sufe and Gnne firev.,rorlrn wttttt1rtt1e City of CarstH1-at:-aH;· time.
(b) lt shall be unlawfol frlr any person to sell, discharge, use or possess illegal fireworks ,¥H-l-tttt-fhe-G ity of Carson aHIBy-ti me, excep+-feHttelHH5:cltttfge-,t¼Se-Orpos-5esSte&-as-1nay &e.f)erH1tfte&-in-eent1ectt()R-Wtttr&-p«elic-d4spta;'i)t.H'SHat1:H:&t~G-;,HH.,.,g7 Section 3101.05 is amended to read:
3 IO 1.05 Definitions.
'.l=he--fol-lew-ttt!:,-defin-iftet15-5ha.J4-atJpty-te-the--prffi~GMG-J-J-O+,+nelttdit1g-aj.J subseetteHs-ther"i?tttr<ieF+
fa-)~Gh-ie-Hf~ffieafHhe--Ghtef.t~e---1::Bs-A-nge let, Co u11ty-f~epanmeB-t.-eHti£4lef duly authorized dm;ignee.
fb-) "Fire Marshal permi~-shaH-ttrean a permit--ts5t1etl--by--me-(_,2atitemta-Stat-e-Ftre-MRfSftflt tof-Ehe-JJUe-tic-displa~t:ti-rew()rks-in-aeeenta11-ee-witJrthe---Stal-e-l.'.ire,¥0~1'.*aw:
~irework~a-t-1-meaR-and inelude all or the items i+s-1-eB--ffl CaliltJrR-i-a--H-e-a-lt-h--ami Safety Code Section 12511 or any :.mcce~;sor provision thereto. fd~-1-eg-a.J...+irewefks.:.:-shal I mean at1y--firewerks-et.Jter-dttttt-s-a-fe-att~rewerks-:-l.J.Jegal fireworks-tHetude,but-ttHHlet-1-itHtfoo-t-e.-sk-y-Fooket-s,.b,..lH1eeof-ook:ets,R:etHatre1:Hldles.ttlttftars, ~l-&Q,M-I-O{),firet raeket'S;-€!re1'rrbHt:n-bs,f a-lo1nita-s--fffi€l-~~11eli-e<t1p4€fs;! (e) "Permit" :;hall mean the nontram,forable pennit,sion granted by the City for the pmpot,c of establishing and maintuining a place v,here firev,orks nre manufactured, constrncted, j:lrodU€e6-;-tJ-aek-aged, stored, so Id, exch a nged,ruscltaFg-ed-oHtSeth f4+.!!Publi€--tlisplarof:.f1rewer-k-s!:--s-hall---have-the-mean-if¼g-gt¥et1--4H-Gillit{:wnia-f,lealt h-and Safety Code &€-!-ion 1252 ·1 or any t;u~or-provision thereto~ (g) ''Pyrotechnic operntor" shall have the meaning given in Culifornia l leulth and Sufety Gede---Sectte11 12527 or-any-s-uceessefiwev-i-sion thereto.- (h~a!e-a1ld-s-ane~\¥er~1aU-ha¥e--t1~meaning-g-•....,en-ifl-Cali-temta•l,l~aldrane--c~atety CBd~ea-ton 12529 or any suecessor-rrov-i-sion therelft-:
(i) "State Fireworh; Law" shall refer to California !Iealth and Safety Code Section 12500 et-sef!·;-tu11:i...'.f.itle-J..9-ef-t.J~i--fornta-Gooe of Reg u I n+ien s. at Di v+s-ietl--h-Ghatttef--6.:
(H--:.:.Ve1me--o~rator::..-shal~•nea1Htny•1)e-r-seirewning,leastHg,•--r-e-nttng,n1ana.ging1 -0t'IB1:ating.; Of-H-t-heFwi-se--h-a•,ing le,:;al control of the u~;e of anv-fe-a1 '"roperty, building, lot, !;ite or o-t-heF ..... , ;,,,;.: .,, ~ ... .....
Yenue in the City of Carnnn from v,hich a public display of firework:; i!; propo:;ed. 3101.05 Definitions.
2 Thefollowing words a11d phrases, as used in Sections 3101.05 to 3101.28, are dtlfined as j<.Jl!ows:
A. "A[/iliatcd organi::ations. "./<Jr p11171oses of this chapter, shall be the_fhllowing:
I. Organi::ations inc017JOrated uncler the same charter or organization and their auxiliaries ((the auxilim:v is incorporated under tire same charter:
2. Organi::ations sharing the same o_/lh·ers and/or place of meetings and/or national parent 01:r.;anization:
3. Subdivisions andlcJr fractional divisions, however named or delineated. of organizations;
4. Suhorganizations. one cf whose primary purposes is to prm·idc.fi11a11cial and/or manpower support to a parent 11011pn?lit orga11i::atio11.
Hmrei·er, dWi'renl organizations ,1tliliated with and o.flicial(v recogni::ed hy any e!emenwry, j1111ior high a,1(/itJr high school ,mdlor school district that serves, in whole or in part, tire residems ,~(tlw city or any public or pril'ate communi(v college. college and/or 1111iversi(v located within the ho1111claries o(!he city shall 1101 be presumed lo be afjiliated orga11i::a1ions unless it can he shown that they serve the same interest area or c011cern {i.e., hoosters of' high school foot half and hons/er.,· rf high .,-chool hasketha/1 u-011/d he presumed to he two d(fl'i:mmt, nomi_f/iliated orgaui::ations).
B. "Agricultural and wildl{fi:.·Jireworks" means/ireworks designed or used to pren,·nt damage to crops or wnnmted occu1wn(V <f areas by animals or birdI through the emplo.vmellf ofsound or light, or both, whenever such Ji reworks are so class({ied hy the State Fire Alarslwl.
C. "Citation " means an administrative citation issued pw~rnaw to this chap/er to reme((\' a violation.
D. "Ci tee·· means any pe1:wm se1Ted with an administrative citation charging him or her as a responsible personfi.n· violation.
£. "Ciry •• means the ci~v <?(Carson
F. "Code·· means //,e Carson Municipal Code.
G. ''Code Et!(orcement O.fficer" ("CEO") means m1y emph~vee or agent (f tire ci(r designated hy the ci(r council to e11/hrce any provision of this chapter.
H "Dangerous.fireworks" shall mean dangerous fireworks as (h{/ined in Health and S,?(ety Code Sections 12505 and 125(,f and the relevant sections (?/ Title 19. Code of Regulations, Subchapler 6, which are hereby incorporated l~r l\'/£:nmce. !. "Director" means the city manager or his or her designee.
J. ''Fireworks stand" means any Inti/ding, counter, or other structure r?f' a temporar:v nature used in the sale, <?fferingfhr sale, or display/hr sale <?(safe::- and .wwe.fireworks. 3 K. "Hearing (~/Ticer" means the person appointed by the ci~v manager to serve as tire hearing ojficerfor administrative hearings held pursuaJ/1 to this chapter.
L. "Host" means any person who either:
I. Owns. leases, rents, or is otherwise in lcm:f1tl possession <?fjwivate proper~r with the Ct~v of Carson: or
., Organi:::cs. supervises, <~f/iciates, conducts, controls, or is otherwise in charge ,?{the actirio· on the property /ocared within the City <?{Carson.
3. Any person who hosts, orgcmi:::es, supen1ises, (?fficiates. conducts. or accepts responsibilityfbr a gathering on public or primte property.
Al. "Issuance" or "issued" me,ms any ofthefollowing:
I. The preparation and service (?fan administrative.fine citation to a citee in the same manner as a summons in a civil action in accordance with Article 3 (comme11ci11g with Section 415. I 0) (?{ Chapter 4 <?l Title 5 <?(Part 2 of the Code o( Civil Procedure; or
2. lvfaiiing ~l administrative .fine citation to the responsibie party hy certijied maii with return receipt, to the address shown on rhe o(/kial records of'the coumy assessor:
or
3. By personally se1Ting the responsible party by pet:wnal delivery l?/' the wlministratiFe jine citation or bv substitwed serrice. Substituted service may be accomplis/11:d asfollows:
a. By /em'ing a copy at the re:,,ponsible par(I' 's dwelling or usual place of abode. in the presence of' a competent member of the lwuselwld. and tltereafier mailing hyjirsl class mail, postage prepaid, a copy to the responsihle party at the address where the copy was le.ft; or
h. In the even! the responsible party cannot be ser\'Cd by Jit:,·t class mail. postage prepaid. or cannot be personal~\' served and has a property manager or rem al agency overseeing the premises. subslituted service may he made upon the property manager or rental agenq· or may be (~{fecred by posting the property with the administrativefine citation and mailing a copy byjirst class mail. postage prepaid, to the responsible party in l'iolation at the address olthe property 11'/zere the l'iolation exists.
,V. "Nonpro/it organi:::ation" means any nonprofit association, charity or corporation organized primari/_l'for veteran, palriotic, wel/ctre, cfric hetlerment or dwritahle purposes which has heen recogni:::ed as tax-exempt hy the Internal Revenue Service or the Franchise Tax Board. or a group which is an illfegra/ part ofa recogni::ed national organization having such tax-exempt staflls, or an organization t{tfiliated with and t?fficial(v recog11i:::ed hy an elememm:r.j1mior lzigh and/or high school and/or school district that sen·es. in 1rhole or in 4 part, 1he residents <?l rhe ciO' or a public and/or private community college, college and/or university wltich is located within tire boundaries cf the city.
0. "Person" means a natural person or a legal enti(v that is also an 01rner, 1enam. lessee and/or other person wirh any right to possession or control of'the proper(\' \\'here a l'iolation <~(this code occurred.
P. "Principal and permanent meeting place" includes. but is not limited to. a permanent structure, playingjield. geographic area or serrice population 1rhic/1 resides i11 or is located within Jiu: city.
Q. "Public display o/jireworks" means an e111ertainme11l_/ea111rc where 1/w public is admilted or permitted to view the display or discluage ofliremn-ks, including but not limited to those dejined in this section.
R. "Qualified applicallts" means any group or 01xa11i::atio11 which has met all of the fi;/lowing criteriaji1r a continuous period ,?fnol less than one.fit!/ year preceding .rnhmittal of' an application fc>r a permit to sell pursuant to this chapter and which colltinues to meet lire criteria j<,r the duration (?( any permit to sell issued by the ci~r pursuam to this chapter:
/. 77,e organi::ation shall he a nonprofit organization pursuant to Internal Revenue Code Section 50l(c)3, 4. 6, 7, 8. /0, 19. 23. or 26, Section 50J(d), or Section 50l(e):
or a group which is an integral part <fa recogni::ed national organi::atio11 having such tax-exempt status or an m:i;ani::ation afll/iated with and o/Jicially rccogni::ed by an elementary, junior high and/or high school and/or school district that serves. in whole or in part, the residents (?( the city or a puhlic a11dlor prinlle c01111111111ity college. college and/or universi~r which is located within tire houndaries <?l the cio·.po
2. The organi::ation shall he organi::ed primari~vfhr veterans, patriotic, welfare, ci,·ic hetlermem, edunttional, yowh development or dwritahle pur7wses:
3. The mgani::ation must have its principal and permanent meeting place within the CifF; \
4. The organi::ation must he one which provides direct and regular commwzi(v services and henejits to tire residents (?lfhe city;
5. The organization has a minimum bona.fide memhership ofat least twemy memhers who either reside in the ci(v. are employed in the ci(v, or are owners or operators o(a business or other establishment located in tire ci(v:
6. The organi::ation has not been.found hy any court <~lcompeteJJtjurisdiction or city administratfre hearing qfjicer to be in violation of' any civil or criminal local, state or federal law relating to .fireworks within 1Wellfy:fo11r calendar mowhs prior 10 !he orga11i::arion ·s suhmit!al (~/'an applicationjt.w a permit to sell: and
7. The orga11i::ario11 has not had a permit to sell rervked.fhr cause pursuant to rhis chapter.
5 S. "Responsible person" means a pe1:·wn or host ll'ho cm1ses a violation nl this chapter to occur or allows a violation to exist or continue, by his or her action orfhi/11re to act. For purposes o/'f his chapter, there may be more 1/um one {J) responsihle pe,:wnfin· a violation. Any person, irrespective o{age,found in violation o(any proFision o(this chapter may he issued a citation in accordance with the provisions ,?{ this chapter. £very pa!'l'nt. guardian or other person, having the legal care, custoc~v or control c?fany person under the age o_feighteen (18) years, who knows or reasonab~r should know that a minor is in violation o(this chapter, may he issued a citation in accordance with the provisions o(this chapter, in addition to any citation that may be issued to the t?{l'ending minor.
T "Sale and sane jireirorks" (a.ka. "state-apprm·ed jireworks ") means s({(c and stme/in.'n'orks as set fi.mh in lJealth and Safely Code Sections 12529 and 12561 and rhe relcmnt sections ol Title 19, Code o( Regulations, S11bdwpter 6, which are herehy incorporated hy refi.?rence.
U. "Stricl(i' Liable" nu.'ans liabilityfor a irrong/itl act regardless o(a person 's i11te111, knowledge, negligence, or lack there<?lfn committing the wrong/id act.
V. "Violation" or "pio/ates" means any violation of any provision tf this chapter.
W. "Fireworks wholesaler" has 1he same meaning as i11 1 lea/th awl Safety Cude Section 12 533 and the relemnt sections of Title 19, Code of Regulations. Subclwpter 6, which are herel~r i11cm7wrated hy reference.
Section 3101.07 is repealed.
3101.07 Liability of Re~;ident Where nn Illegal Use of Fireworks Occurs.
Any resident of premises on ,,..-hich illegnl firc\vorks are found or from v,hich fire·Norks are .ij~nMrl m- Mtd-sl1aH-be-sttbjecl to the same eivi I J ialmitv or erimit1aLMnalt,v ,._, "" ~ .; :r~"TJUJ: ,.; that-n1a;i-be--tmf}Os~y4h~y2s-t-1t-e,w0t'k,s..i"-egttlat:ie1HHHr·fhe-f efsEHH'€'lttng~-dis€lu11,ging Hl'-fmsse-ssing-d½e-fi¾'e,¥0fks,-e5-af}f lieab-le,il=.t!te--f}e!:SHn-sel!i,1g,-0isetHirgt1rg-er-usi 11g,the -t'.irev:orlrn is o~y-the residen~J-W+!at~fffi-er com,ent-:- Section 3101.1 is added to read:
3101.1 General prohibititm against po.,·session, st1fe or use of.fireworks.
Except as otherwise prorided in this chapter, no person shall possess. sell. use, ,J;,~plt~v or explode any dangerous Jireworks including, but not limited to. any rocket, .firecracker. roman cmul!e, s,111ib, lorpedo. wire core sparkler, wooden core sparkler, h/ack cartril~e;e. aerial shell or other comlmstihle device or explosive suhsta11ce or any kind ofjireworks, hy ir/iatsoe,·er name known, or any altered sq/e and .wme.fireworks wit/1in the d(v.
Section 3101.2 is added to read:
3101.2 E,:ception-Certain public displt1ys mullor special e.ffects. fl shall be rmlaw,lit! to cause, allow, permit, aid, abet. or .rn/lL'I' any discharxe o(dangerous .fireworks (including a public display) or any use <?( special c_ffects without having jirst ohtained a permit.fi·om the ci~r manager.
6 The ci(v manager shall have autlwri~v to adopt reasonable rules and regulations for the graming q/'permitsfor those actil'ilies comaim.:d in Section 12640 olthe Cal{/bmia Health and Safely Code, including supervised public displays olfireworks by a jurisdiction, fi.lir association, anwsement park, other organi:::ation. or/i>r the use olfire,vorks l~v artisans in pursuit (f their trade. Each such use or display shall he handled hy a licensed pyrotedmic operator (as d,~/ined hy Section 12527 <?l the Cal((omia Health and Sr4e(F Code) in accordance with a city-issued permit. and shall be t?l such character and so located. discharged or j]red as in the opinion l?( the ciO' manager or his or her designee. after proper inFestigation, will nvt be Jw::anlous or endanger any pen-on.
EV<!(\' application for a permit fO conduct a public display o( jireworks s/101/ be accompanied by a 11011-rtdimdable.fi.'e as eswblislwd by reso/111io11 of the dty co1111cil. This fee shall be in addition to anyfee or tax imposed hy the city cmmcif. E1·e1)' applicant shall agree to hold the city, its <?ffker.,· and employee., fwrmless fiwn any and all claims for damages or other costs arising out (?{the activity authori::ed hy the permit.
Section 3101.3 is added to read:
3J(JJ.3 Certain public tlispltJys-Lia/Jility immrcuu.:e.
Any person. firm or corporation app(ringji.ir a public tfoplay permit shallji1mish to rhe ci~v manager pro<f <?l coverage by a policy <?( public liability and property damage insurance. The polh.:r sha/1 prrwide limits qlhodi~v i11J111:i- and property damage liability ol 1101 less than.f],,e million dollars combined single limits for each occurrence amuwlzrfor payments al damages to persons or property which may resultji-om or be rnust?d /~r such public display of.fireworks, or any 11eglige11cc mi !he part ol the licen.w.:e or his//u:r/its agents, servants, employees mu/Im· subcontractors presenting such puhlic display.
No permit shall be issued until the permittee/i1rnishes the city nwnager with a certificate of insurance .fhr each polic:r required, executed hy the company issuing said poliq and apprm·ed as to form I~,, the city attornc:r. Such policies shall contain a provision which includes the city (?f' Carson as an additional insured and declares said insurance to he primm:r and thal no other insurance carried l~v an insured party shall be called upon/i>r contribwion. Such insurance policies shall contain a general or standard endorsement tlwr the company issuing such polh:1' or policies H'ill not allow the same to be canceled without sell'ing, hy .first class mail. thirty days ' notice r?l cancellation upon the ci~v clerk for the ci(v. Notwith.-..tanding m~\' other provision <?l this chapter, the fi:Jilure 1~l the permittee to carry such polilT or policies in force and to proper~v renew said insurance during the time covered by such permir shall automarical(v reroke the pffmit as o(rhe date of expiration of'such insurance polic:r or policies .. A paymem lllthefit!l amount olrlte permitfec required hy this chapter shall be made to the ci~v lufore any such remked permit may he reinstated.
Section 3101.4 is added to read:
3101.4 Certain public tlisplays-Appeals.
T11e decision of the city manager or the cio• 11w1wger 's designated represematfre in acting on an application/hr a permit to conduct a public display ofjireirorks in accordw1ce with the prrwisions r?f' this chapter shall be suhject to an appeal by the applicant to the ci(l' 7 co1111cil. i\lotice <~(such appeal shall bejiled with the cio· council within te11 days <ifter the date l?/'tlte decision regarding suchj1reworks permit. Upon/liilure tojUe such 110tiCl' within the ten-day period, the action ol rhe city ma,wger or the city nw1wger 's desixnated representative shall he.final and conclusive.
Section 3101.5 is added to read:
3101.5 Exceptitm-Sclje and scmejireworks.
fl slta/1 not be 1111!aw/i1I 10 possess. sell. use. display or disclrmge, within the city, !hose .fireworks that are defined and classified as "safe and sane fireworks" (a.ka. "stateapprovedfireworks ") in the Cal[{ornia State Fireworks Law (Section I 2500 et seq. (fthe Health and Sq{ety Code and the relevant sections (?/ Title 19, Code (?/' Regulations, Subchapter 6) as setfc)rth in this chapter.
Section 3101.6 is added to read:
3101.6 S"fe mu/ sanejirewtJrks-Permits re,1uiretl.
It shall be unlau:fitlfor any person to sell S(?k and sm1efireworks within the city ll'itliout havingfirst applied.for and received a permit from the city.
Section 3101.7 is added to read:
31 () I. i Safe anti .wme fireworks~-Applimtion.
A. No nonprofit organization shall submit more than one application for a permit to sell S({{e and sane fireworks within the cizr_ {lmore than one application is submitted 011 helwllo/'any nonprofit organization, including an atliliated orgmri:ation, all such requests shall be voidable at the discretion o{the city nwnager. Ila question arises as to wherher m-xani::ations and/or }!.roups are afliliated, the city council shall ha,•e ultimate authority lo decide said question Any attempt lo tran~fc·r a,1 application shall void any and all applications filed by or on belw(l of both the tran~(eror nonprofit orgmri::ation and the transferee nonpr<?/it organbJtion.
B. Timing.
J. All applications fhr permits to sell .w!f'e and sane jireworks shall he in wriling to the city derk on forms supplied by the city. Applications may be filed beginning March J 511t ol each year up to and including April 151h ol the same year, at which time thefiling periodjiJr that year will he closed . ., Applicanrs jiw such permi1s shall be 1101i/ied by May 1'1 o/ each calendar year b1• the city manager o/the apprond or disapproval of'such applicatio11jhr such permit. All organi::ations whose permits have been approved shall have up to and including June !st o(tlwt year to pick up such permit.
C. Contents <?!Application.
I. EveJJ' application shall set fhrth the name <?l the 11011pro/it organi::a!ion, address, email address. and telephone number 0{011e or more responsible adults who will be in charge qf and n'sponsiblefor thefirell'orks stand during the period safi.., and sane.fireworks are sold, dfaplayed or stored.
8 ' The original of the application shall be retained by the ci~r clerk, and tire cizv clerk shall transmit a copy to rite fire chief and any 01/ter relewmt cizi· department.
Section 3101.8 is amended to read:
3191.8 Storage af Fireworl,s.
H-shatl-be-ttma-wfi.-1He-stere--any--fi~tdence. home, garage, or autemooi+e witl1iiHhe-Gity-er:Garst~l7-lf-M,atl-al"5o-be-utttawfttke-stere-aHy-¼11,ewer,ks-itrany-butlding fH~H:'f-p-laee-wit-htn-t-l'te--Gi~-::aFSoo--wi+h+mt---h a,,. in g Ii rsl--at1filie4-if r and recei 1,·eu-a busine:i!i licem;e purnuant to C>.K~ 63 IO and a permit therefor pur!;uant to the provi:,ions of this Section from the City Council. ;\n npplicntion for :;uch a permit shall be filed with the-Gtt-y-Geutte+l--tHeng--w+tfl-paytt-1ent-ef.a--no11refundfthle--applteaoo~ed-by Gtty-{.,~neikeseh.1tt61Hl&-tftfer--thatr~llt.,--la:st--Gity-husiness---0&y-ttH'vtay,.;1:11e-f t,;,c-G-0u11eil shall cause an i,westiga~ratie--eH-hi'-fHilte--Where it is prt'.tf)t:)51."6--le-s-t<:'}Fe-Sut'-h finAvorks. Notwith:;tanding the fori:!going, storage of fircworkt; in connection ·.vith a public display of fireworks by a pyrotechnic operutor shull be governed by permit i:•:med tmder CMC 3101.9.
fa-}-P-fiffi:...te--i-n+t-ialmg-the storage of fireworks at the-pefnlft-ted location, lhe permittee-shal-1 procure general liability and property damage insurance covering it!, opcmtion in and Eibout said premises in a minimum aggregate amount of$ L000.000; in addition, the City et=-Gafsen-;--it-s--effieers-ftll&-empleyees-sl:i-tt!+-ae--tlftmed-a:s--att--atltlioot1a I i nst1 red 01Hoo1 i11surnrt£e:--::r..J1e-peftnittee-shaH-4:t4e-a-eertifieate~t:.Sueh-+HsuFaHee-witl1-tlte,.Gity-l~e¥eHue .Q.i-¥+s-too--w-it-htfl--&ewn--(7) days al~tmcil appH)-wd...e,f such sterage-<)flerat-if)&.- (b) No fireworks t,hall be t.tored v,ithin one hundred ( I 00) feet of any gasoline service sta-ttotrei'-fitl:Y garnge-leeatee--wi+htt~P--§.t-feet of any other-sfruett.t-re;-Any .fue-ilit:Y--te1'-tt1e-ster-ag_e-&t=-fiR~-er~s-shaU-;1tt¼i·Htain-a-;-nin+1nunt-setboo~-fr'(:}Hl-fhe--stf~"t eufb.ing--ei=-ten•{+~)-feeh
(c) There shall bi:! maintained at each location ,,,,here fireworks are Litored at least two (.:!) fire extingui:;heLi app1w1ed by the Los Angeles County Fire Department; provided, hewewi'-;--0:i-at--i+-mere-tha-n-one ( l) room nt any--leea+ien-tS--tt-sed-fur fireworks storage, tliere--sha l l-be--at-least--011e+t-)-appFov:eti-ftR..,,,e•ltfit1gui-st1er--p-eHet1-tn:
(GJ--rl\J-H--fIBFSttH--sha II l i ght,ef--Caum:•. or p em1 it to-be--1-tgl-rted,at~H-:Y-f»ht..<F article or material, v,·ithin any :itructure approved for firev,·orlrn t,torage, or 'Nithin fifty ~"eHhereef
(-e-)..t'>JB--smek-1-1¼f,.LSltaH~~tH½BY-5tf-ueture--Bse4--tt1rt:he-steFage-1J4:'...fi1-:ewHrk~11or WfH-l-in fi fly ( 5 0) feet e-f-sa-i4-Afruerure-,-~-:~,fo-,'.i;fftf}k-t-fl~:.S.i-gn5--S-l+an-be--pFHffl-iftefl-Hy displayed.
9 (t) No minor, under the age of eighteen (l 8), ~;hull be in the fire',,rnrkti storage structure. (,g}-NtrEtleehelte-heveFfr<-J:es-shalU'lt~1e,we4-eiHht.--,,,ret-ru5e5:'"'Ne-pe1:se1r\\4t&ts-uttder-t!1e i114lue•tee-'l~1:.ateol1elie-\¾.,~er-ages--slta4+-€'nte.:..+)f-he-al!ewoo-i•Hh&-btmdint,~tfueture Hsed--ffif-UrewGFlffi-!rtfH'i.¼ge-:-
(h) The permittee shull proYide un adult night 1ivutchman to act und t,erve during all hours ethef-.H-1ftft-ft6rnffil-attSit1ess-heufS-:-ttfleettl&-e-ireuH'tsta1-ra~a+Hlte-1tight-\¥iHclttHa-n-sleei, wttht¼r-ltte-t,ui!ding-t11-\¥!11elHhe-Ar-ewm:~F-e-shlred7 ( i) A:I I pe m1i ts mw,l he posted--i-n--a-€ftftSf}K·'llitUs-plaw-a-H:h~~* ff) The permittee shall strictly comply with all the provision:; of the State Fireworks L,nv. 31 () 1.8 Safe <mt! .wme fireworh-De11fol of app/icathm.
A. Tire cizv manager shall issue the permit to sell safe and sane fireworks unless any of rhej£1llowing app~r:
I. The cifr manager_tinds, in writing. that the applicant has j,1iled to provide .rn/Jiciem plans. i11/'ormation or other data 11ecessm:\' to permit a determi11ario11 respecting compliance wilh !he requirements of this chapter:
' The cizv managerji11ds, f II writing, that the applicam is not in compliance with any olthe requiremenls <1,/'this chapter:
3. The city manager jinds, in wri1ing, that rhe appficam falls ll'ithin the provisions <d'Secrion 3101.16:
4. 11te city manager determines that lite number of qual(lied applicams exceeds the number o(permissible permits under Section 3101.9; or
5. !(rite gm·emor olthe srate of Cal{tomia declares a stale of emergencyfor rile cily of Carson or counzr o{los Angeles related to imminent threat o{devastating wildfires and a related imminent peril to people and properly, the city council may, hy u11m1imous vote, suspend the use rf.w!fe and sanefireworksfhr the calendar year in which the governor declares the state r?l emergen(:v.
B. The city manager must advise, in writing, all qual(lied applicants of its determination no later than A-fay /'1 as well as advise them r1lthe procedures that the ci~r must follow.
C. Any denial <?fa permit pursuant to this section may he appealed lo the city co1111cil. lJpon notice <?{appeal fi'om cm applicant, the city manager shall provide the ci(r council with the name £?/'lite applicant and a brie/statemem of the groundsjbr denial o{issuance of the permit. 11te dly council shall consider the appeal at its next regularfr scheduled meeting.
Section 3101.9 is amended to read:
10 3 HH .9 Public Disphl~+'•
N~-eiH<fla-U-engttgt."-tn4ht..~tt.'ltte-dis-j}I ay· of fireworks w itltttHhe-G-i+y-e.f..G.ffrset1 Witheut-!1aviRg41fsHipplie<l-f oH:1rl6-reeeivet1-&-ous4tH:?55-Jioonse-pursuant-te GMG--&.-1-l-(l-a~FFH-i+-f}uffi¼taf+H.e-l-he-rrfWtfi-tOfl5-0 f this Seeti-Ofl-:-Y~R-aflf}He-at-i:On by a pyrotechnic operator or venue owner for one (I) or more public dit;play e'.'e.ntt, (to an unnual maximum of six (6) public display events per venue). an authorized representntive ef-the-Gity+Re-vet1ue Divis ion-shaH--gmt-1t-a-pe-rmit-pmv4dt..~-aH--ef+he4ellewing-efite-fia are-met➔
(a) Such display(t,) shall not take place on Monday through Th1:m;day, unhm:.i the day falls on July ·+th. /'d1y request for public displayt; at any other timet, shall be subject to !he ~e City Council withm--its-4-sc-retteir.
{-o-}-Tii~~Hl Ht}"1.tisplay,(1.f-fir-tw.:0Fks-sltall*pef£ffi'n1ed--oy-a-~fotec--ltnie-o~,atttf'--l1eltlm-g a-€Ur:reRHmd---v-al-itl--f~R.½'Waffiha½ttmnit-frff-!:he-fH¼hlte-di~~rewef-k.s...um:iet=-H€-Afl-h and Safety Code Section 12575, 12576 or t 2577.
ttj-+he-apf lteant shal I fi I e a ,,,-ri Hen-a~-i-eat-ion-etl-ft-fufm-f}rev-ided by t he-Gity-feH-tteh peHHit--aeeempank~-ey--a-oonret:'t:111dable-appltt:..1.flii€Ht--~~ilbl4shee--by--~elmei! ~mion fot= each event.
(d) The application shall be filed with the City Revenue Di,·ision at lea:.t two (2) ,,,,.eeks pi~or to the puoo~a~fk-s--e-vetH-:
(~}-T-he--aP{31ieAfiOfHh.a+1~1tHnpa11+ea-by-an-insuranee-eertiJieah.~-tt.w...general-liabil it;:, and property damage--tt1s-Hraooe-in-aH-affl:,>regale-a-Jflffiffi:l-ef-Httt-less-+J:1:an-$-hOrn::M+Q{),and proof that 1Norlu.m;' compem.ation insurance is carried fot= all employees in compliance with Luber Code Section 3700. Such policy shall be issued by a corporate insurance €i-)ll1f3f1-HY--fH:ttfloo~-etHo-eeHett€¼--httsiness-ttHhe State o f-Gatifuft1ta,futti-shaH-tmme-t.Jw Gity,-1t:fr,(1ifiee1'5--and--€1nployees--as-adeiti-onal-tnsHree&:- (-8-The-atJfH~tlttA--Sf¼aiket forth the nanw-.rritle+pal place of business-and telephone number of the applicant, the nume:; and addresses of its principul partners, o'<vnem er effieers, the name, residence address, and capaettj,'--eHhe-rersott-5igning the npfJttettfitm attti--the-t1aH::ie--anti--addt:ess-ef-tl1e-Vettue-ttpetnte1':
(g) The arfilic-ation shall set forth the dates-and hours OK¼~rat-ifH1,-itl:cluiling-~Bhedule for t,etup and te~;ting, along with the name and contact infom1ation for the State Firn /1.forshal o~;signed to overnee the public display of firev,rorlrn event The application shall eertit:y-rhaHl~flHblie-disp,lay-e-f.4:11:ewer-k-s-shall-ttet-eeeur-atte~)-;r.tih-Otl""8tty appro-,ted--t!att:!':
11 (h) The application :;hall be accompanied by copies of the pyrotechnic operator's pennit issttee--by-t-he State Fi re Marsha I or llire-C4tte t~ as apf)ttea&le~-H:1--€-€.tfl:cltteHtlef}ropose6 ptthlte-displa~t:.t1feweflfs-at-tlie-~'ef;esed--venue-iH-the--Gity:
f..:)---T-fle-a~tf'at:«-m-sb~,<'H'flpaH-ied by a diagra,n--~-l'..~H.md~. on which the display is to be held approved by the State Fire Man;hal or Fire Chief: an applicable, s-hewi1-1g-th-e-pe-i-nt--at-w-htch--the-firewerk-s-aft...""-te--l1t.,-...ei-s€-km=ged,t-he-locatie+1~ bttooings,reads-;--a11&-et11tw--means-ofiran-s~1atten,the-Hnes-bclrtt1tk-vl14-eh-tlHHtu-dtene-0 wtlt--be-restraiH'-"4;-t-he--l~tHltien-0f..at1-nea-r-by--trees-;-telegraptH1r-teieplHHte-1ines,or--othfF ffi'effi~™R-1€-l-itl-lr.
(j) The application shall clescribe the proposed storage location for firev,•orks on the ~,ite atlti--p~1e-r-geney--respoRSe-p-ttHHiesefi-btng-+he-resources avai lable-t-o-+he 8Jlplieant--fH1<.HHefi1t-)6£---I~,tr-Hsittg-suelHesttuf€€-5-4:0--Fespe,lfl4&--an~»1efgeney-ere-at-e4-b-y t-he-t, r-Bf¾')S~USt-"-B-l::..fif€-WOM
(k) No pyrotechnic display shall be conducted v,rithin fi 1,e hundred (500) feet ofany res-tde11€e,-tm1ess---t-he---apptie-mlt-fur-+he-1:1ert11it has first sent or had dcli-¥ered 'Nritte11 tt0t~fieatteH4&-atH)f4t1t:."'-e-Vn¼efS-Ot:.teHa-nts,.e-t:-any--res1det1ee-w¼thiH-a-twe-l1uneft'i~{:SOO) foet-radius-eH-lkHJ+sehafg~s4i~
(I) Any duly approved pennit :ilmll be displayed al all times on the prcmi~;e:, of the venue operator.
fm1-I-h-e-appt-ieattt-Shall--eeFtify-to--ttK:>4mtlI-0f'..aU-n1atte-r-s--i-:fr-iae--apf)ltea£ie»-:-Jlle~:j£y-may Fefose-t-t:t·iSSlH:H::W·f-e¥&k~any-pefH1!l-¼'eH1te-tlUbhe-41sp!a-y-Hf..fif-CWHflfs-at-an~"-fiHC·Ut)0fl diM..'HveFy--Hl=--a+1-y-m-i~refml-set1tat-Hm-f}r false statement in the awlte-al-H'Hl-Bf-futktre-by-#1e applicant to meet the requirement:; of thit; Section.
310 I. 9 Safe tmtl sane jirework.v-Prerequisite f(}r is.mmu:e of permit.
A. All JWII/HY?fit organi::ations whose permits have been approved shall not he issued a permit unless all(?( the following are submitted to the city clerk by June /st:
I. htformation regurding the location cf the fireworks stand on the real property: written permission fi·om the owner of record, lessor (?( record or the property manager of the proper~v {whichever is controlling) upon which said proposed stand will be located; and the ::oning <If" the real property on irhic/1 the _fireworks stand is to he located, which ::oning classification shall he obtainedJi·om the planning department/or tile city.
., A copy o( the requisite state retail sales permit jiwn the of/ice o( the Cafi/hmia State Fire Afarshal.
3. A certificate evidencing an occurrence-based polic~i' o( inrnrance naming the city ff Carson as an additional insured thereunder, with the.following minimum 12 limits: one million dollars public /;ability and property damage: and general aggregate coverage o/two million dollars.
4. A coJ~v o_fa temporary sales tax permit issued by the Ca!~fhmia Depal'lment of Tax and Fee Administration.
B. The maximum number ofpermils which may be issued and the maximum number of safe' and sane fireworks srn,ul., that wi11 be permitted, p11rsua11t to this chapter during any calendar year shall 1101 exceed twefre (l 2). ll the number of qual(fied applicams exceeds the mu11her o( permissihle permits under this section. the city shall select the 11011prfdit organi::.ations to whom permits shall he issued hy tlie.fhl!owing method:
J. Preference shall be given to any nonprofit mgani::ation that was issued a permit to sell sqfe and sane.fireworks in the city in 2024. so long as such nonprcdit organi::ation co11ti11uous(r applies fbr and is issued a permit P,om year to year. beginning with the <I[fectfre date of the ordinance codUied in this chapter.
2. In the event that any permits an:1 amilah!e ajter issuing permits pw;rnant to subsection (B)( i) of this section, the ci~F manager or !tis or her designee shall conduct a drawing in which qual{lied applicants shall he random(\' selected to receiFe any a mi/able permits.
C. Permits issued pursuant to this section are mlid v11(v during the calendar year issued.
Section 3I01.JO is amended to read:
310 l. l O Violatiens of Fireworks Regulations.
(a) Any perse~t~i-s.fetref:..f'.Ji.,H~'. 310 l to-3101.9, ine-lt1-Stv-e.:-or kne•NiHgly 6f-tHtenttooaltY"'fH:isreprese»tittg4e•tmy-&ffieer-er--e111pla~et:the•Git3/'"ilny na£er-i•ai•{aet in-proo1:1ring..01I3/-i)effmt-hereitt-pt'tw-ided-tef;-shalt•be-•guilty-sH.t·ffttsd~neanof, (b) In addition thereto, any such misrepresentation or violat.ion shull constitute ground~; fur rerncatien-efi-he-17eR1ttt-by-t-he City Council. on twenty-too~Htoof5-4ttH-iee-te--+i1e pt?fmiHee,or-tHHry-suelr¥4ol-atten-i5-e-0tnmtHed-1-n-the1,resenee-et:.ihe.Sher-i:tJ:;-ot"-a11y deputy::.-{~r-Ftr-t...(211 ie-~,r-any-,tJ-tlte!!-Gtty--etficer,4l~i4:Y-Manager-shall-b&-en11*}WCfOO. upon receiving a 'Nril!en and !.,igned report thereof from any ~;uch officer, to clo!;e any :;uch permitted operation forthv,·ith.
(t•}-Atl y-t:>t'i:SO¼I~tHlattng--flle.jlfevisiens~f.f;Msf' ~-HH~te-~3-l-{:H"':-9-shttll-be--subfeeH<ra penatty-ot:.$--hOOO-frw--&41-rsHttlle--¥iolatian,-an4thereafteF-$+;00{)..t~t~l:H3tratlditie1¼8! v-iol-a-t-i-0n--0f..such pro•,isiorn,, except as otherwise~ee~S-OH±l.-tm1-atlop~~he City Council puR;uant to C.MC l 203.3(d). Any person found to have Yiolated the provisions ofCl\·tC 3101.8 or 3101.9, or any combination of the sume, more than two (2) 13 times in a single yeur shall be prohibited from applying fur any permit under CMG 3-l-O--h&--tmoogh-+l-O-l-:-9-font-period of one ( 1) year. (:dHf..an~prowsioHfsfet:.t11is,.(;!1apt~F-!ht."-applk1atitm-lhefooi=-t&1:ttty;1e1,sen-ef ~·roHHlS·l:a·~s-held-i+1v-alid~nconsti a~l-hy-afl~urt of com~nt-j.ansma-ion, such invalidity or unconstitutionality l,hall not affect any other pnwision or application, ~tfle-f'lH:Wis-ieAS-Of this Chaptef-ftfe-6eekiHie-to-be-seveml:rle;; The City GoMtte-tt-l1erooy-eeelflres-thaHhey-waule-tttWe-aeor)ted-tltts-f:J:1apter-ai1d-eaelr-seetion-; SltbSt..:.et-ion,AfHltenee,-elause;;)hrase:;ilart-oF-per410fHl1ef.et}f;-Irt:esr)Cetive-"l}#4he-fact-.ttHit any one (I) or nlf)re-se€-t10H~se~H!-.,€-laGs~luases, parts or porliom; 1heFeof-J:1e declared invalid or uncontititutional.
310 I. IO Detullinesfor applictttiom, 1111d all other.fili11gs. !,(the deadline for submi(ling any (rpe of application, payment of any administrativej,11e. jl!ing ol a notice ol appeal. etc., called for within this clwpterfi:dls on a day Cily Hall is dosed the deadline shall automalicalzr be extended to the close olfmsiness oft he next day City Hall is ope11.
Section 3 iO Lil is added to read:
3101.1 I s,~fe am/ sane Jireworks-Temporm:r sales tax permit.
Nonpro/it 01xani:a1ions licensed and µermined to sell safe and sane/ireworks in the city are required lo obtain a temporary sales Iler permitf,·mn the Califhrnia Department o/Tax and Fee Administration.
Section 3 t O 1.12 is added to read:
3101.12 Safe llml sane fireworks-Operation of fireworks stmul.
A. No person shall knowinglv sellfireworks to any person under the age o(eighteen.
Prmf that the jireworks stand operatorlorgani::ation requested, was shown and acted in reliance upon honajide evidence tfage and identi~v i11 any sale <{fireworksforhidden by this chapter shall In, a ci</ensefor any proceedings for suspension or revocation of its safe and s,mejireworks permit or any criminal proceedings for violations of this chapter. For pu,7Joses <~ltlzis section, bonafhle evidence (fage and identity ofp11rchaser is a document issued by a federal, stale, county or municipal gow:rnmenl which colllains a photoxraph o( the purchaser includinJ,;, hut not limited lo. a valid Cali/im1ia driver's license or ident(fication card issued to a memher ,f the Armed Forces.
B. The sale o(safe and sane fireworks shall begin no earlier than Noon ( 1 ]:00 p.m.) June 28th and shall not continue C{/ter nine (9:00) p.m. on June ]8th. The sale ols4e and sane.fireworks shall be permitted to continue daizr onZJ'.fi'om nine (9:00) a.111. to nine (9:00) /Un .. dai(v. on June 29th through Juzr 5th.
C. No person other than the permUted nonprofit orgcmi::ation(,) shall operate the standjin· which tire permit is issued under this chapter. 14 D. No person other than the individuals who are members o( the permiltee or the spouses. parenrs or adult children of such members shall sell S<?le and sane fireworks m such stands.
E. No person under the age o/eighteen shall sell safe and sanejireworks within such sfands.
F. No person shall be paid any consideration by the permillee 11011prc~/l1 01½ani::mio11(s) or any wl10!esale1'.idistribwor of S<{/'e and sane _fireirorks ji,r se/li11g or otherwise participating in the sale of safe and sane Jirel1'orks at such stand; provided, hm1·e\·er, that compensation may he paid for licensed or qual[/ied securi(v personnel, electricians, or other ,·em/ors needed to conduct business other them .fireworks sales, during sale or 11011-sale ho1mi and to the parzv authorizing the location qf tlte stand 011 irs properry.
Section 3101.13 is added to read:
3101.13 S,ife am/ sa11ejireworks-Temporaryjireworks .wu11tl.
A II retail sales (?l safe and sane fireworks shall be permitted jimn ll'ilhin a temporm:v fireworks stand. and retail sales _kom any other building or structure are /Jereb,, prohibited. TemporwyJirfimrks srands shall be sul~ject to 1/u.'.fullowing provisions:
A. No srand shall be located within tll'en(r:fire (25).feet (>/any other building or wi1hi11 one hum/red ( 100)./eet o{any gasoline pump or 01/ter gasoline distribution point.
B. Suuul,, need nor comp(r wilh the prorisions ol the !mi/ding code of the city:
prol'it!ed, lw1i·ever, that all stands shall be constructed i11 a manner which will reasonab(v en.rnre the safety of attendants and patrons; and provided .f11rther, that any eleclrical installation shall comply with all applicahle codes.
C. No stand shall lull'e ajloor area in excess <~(seven hmulred/i/1y {750) square/eel.
D. Each stand shall lwve al least llt'o (2) exits. Each stand in excess o/j£Jrfl' (40)/i_,et in length shall lw1'e at leas! three (3) exits spaced approximately equidistant apart; provided, howeFer, that in no case shall the distance hetween the exits e:rceed thirty-two (32) fi.cel, Exit doors shall he not less than lwen~r~{our (24) inches wide and six (6)./t'ef in height and shall swing in the direction (?(exit traFe!.
E. Each stand shall be prorided with two two-rmd-011e-ha(fgallo11 water ~vpe (minimum mting 2A) or soda-and-acidfire extinguishers, in good working order and easi~r accessiblejc,r use in case ojfire.
Section 3 IO l .14 is added to read:
3/01.14 Stife mu/ .wmejireworks-Geueral requirementsfor permittees.
A. All weeds and comhustible materials shall be cleared ji'om the location <!f !he jireworks stand to a distance of at least twemy~five (25) feet s111-row1di11g the fireworks 15 stand. All trash resultingfimn the operation<?{ thefireimrks stand must be removed on a dai~v basis.
B. "NO SA1OKJNG "signs shall be prominent~v displayed 011 the sqfe and sanefireworks srand.
C. Each safe and sane fireworki, stand must hm·e an adult in attendance and in charge the reef while fireworks are on sate or stored 1herci11. Sleeping or remaining in 1/te stand a/ier close <?f business each day is prohibited. 011 closing o{lhe safe and sane Ji reworks stand each day, all fireworks must remain in the stand and be guarded by qualified H'atchperson or security personnel during these non-sale hours.
D. All unsold stock olfireworks in lire lwmls o{the permitlee a/ier nine (9:00) p.m. on Ju~v 5th shall he returned to the wlwlesalerldistrihutor and removedji'Ofn the city ll'ithin jfre (5) lmsiuess days. On closing (?{ the safe and sane .firework~· stand, all litter shall be remo1w! ji·om the premises.
E. Nojitel-powered genera/or or similar equipment shall be allowed withinjlf(r (50) ji.'et o/a sa/t' and sanefireH'orks stand.
F. Each SC{/i: and sane fireworks stand must post ifs city permit to sell s,~j,, and sane fireworks, its temporm:v sales tax permit.fhJm rlze Califim1ia Department of Tax and Fee Admiuistration, its State Fire Marshal retail sales permit, and proc?( £?( their re,111ired insurance in a prominent place inside the Sc{/e and sanejireworks stand.
G. No person shall smoke within twent_F:ffre (25) _feet <?l the sa/e am/ sanefire1\'0rks stand. 1\/o person shall lif,{llf, cause to be lighted or permit to be lighted any sa/e and smw _fireworks or combustible material within jifiy (50) feet o/ any sa/£.' and sane Jirell'orks stand.
H. No alcoholic beverages shall be allowed on the premises. No person who is under the influence(?( alcolwlic hei·eragcs shall enler or he allowed in the huilding or structure usedforfireworks storage.
Section 3101.15 is .idded to read:
3101.15 i\fonprojit orgm1izutfrm fee am! surclwrge.
A. Pursuant to Cali/im1ia Health and Sa/etv Code Secthms 12599 and 11635.5, the . . . City may, through adoption (?la resolution hy the Ci(r Council, require each applicant receiving a permit to pay a.fee lo the City c?f'a pro rata portion <ft lie actual and reasonable costs the CitF incurs that is related to wiv o/tlte {(,!lowin!!.: ~ • • •' 'a
1. Pmcessing and issuing permits.
htspeclion o(/ireworks stands.
3. Public education and awareness campaigns regarding the s,?f'e and rcsponsih!e use ofsafe and sanejlreworks, and the dangers and risks posed by 1/te use o/illegaljireworks.
16 4. Enfbrcing the proFisions <>f the municipal code of the City with respect to rile sale and use ol safe and sane fireworks. including extra personnel time and cleanup ofthe/ire11'orks trash and debris. "Ertra personnel time" means employee or contracted employee time that the City would not otherwise incur hutfor the sale and use <~f.wfe and sane.fireworks.
5. Fire operation and suppression t~ffi>rls 1/wt are directly related lo .wfe am/ sa11e.fire1vorks.
B. The pro rata share <~/'the costs slw/1 he .,pl'C(fied in the resolulion and calrn/ated using gross sales as shown on each permit tee '.5 sales and use tax rel/Im for the applicahle period. The pro rat a share r>f costs shall not exceed seven (7) percent of tire gross sales of rhefirework'i sold in the Ci~v during the applicable period.
C All nonprojit reta;/ hooth locations in the Ci~v may assess a surcharge up to seven (7) percelll on all retail sales ofstate-approFedfireworks that occur in the cizv in order to pay the ahovefee to the Cit_\: In no eFellt may the Cit_r. or any o/'its departmems, agencies w1d/<Jr confracled mgani::ations. impose a fee or cluuge to the nonprvjitsfor their sale <tl ji,nmrks other than those listed ahoFe.
D. Each nonprofit organi::atiou must pay its pro rata share <?l the costs to the City Clerk within thirty (30) days<?{ the City Council adopting the resol11tio11 discussed in this section.
Section 3101.16 is added to read:
3 IO 1.16 Safe a11d s,me Jireworks-Revocation ofp,.1m1it-A.ppeal.
A. The city mmwger or the city manager's designee may revoke, immediately and without notice or hearing. the permit rf crny permittee 1,l'/10 violates any <?l the .fhllowi11g provisions: Section 3 I() J. I 2, Section 31 ()I. I 4. (/'the revocation occurs between June 22nd and Juzr 5th, the ci(v manager shall if~/(mn the permittee that the permittee may seek review o(the city mmwger '.'> decision by 1/te city council al the next regular meeting by submitting a notice o/ appeal 10 !he city clerk within _/in: business days of receivinf; the notice o( revocation. At the earliest opportunity on the next business day afier the revocation, the city manager shall provide the city council with written notice that a.fireworks permit has been revoked. i11cludi11g the name of the permilfee and a bri<fstatement rfthe groundsfiw revocation. f( the revocation occurs be.fbre or <1/ier the spec(lied period. rhe appeal procedures cfsubsectio11 (B) t>/this section shall appzr.
B. The city manager. or the cio· manager's designee, may ren1ke the permit o{ any permiuee who violates any provision of this chapter not spec(fied in subsection (A) olthis section. Such revocation shall not take e_[l'ectfhr/ive days, during which time the permillee may appeal the city manager's decision hy submitting a written request to the city clerkJ<>r review rftlie revocation by the city council. The city manager shall provide the city council 11·ith written notice that a fire1n,rks permU has been revoked, including the name (?/' tire permittee and a hrhf statemellf c~l the grounds}'-,,. revocation The city co1111ci! shall consider the appeal of revocation at its next regular meeting. 17 C. Any permittee whose permit has been re1·oked pursuallt ro subsection (AJ or (B) of rhis section shall be barredfiw11 receiving a permit under this chapterfor up to m·o (]) yearsfi·om the date q(revocalion.
Section 3101.17 is added to read:
3101.17 Safe a1td sane jirew"rks-Limilatio11 ,m places a11d hours of discharge.
A. It shall he unf<rn:fit! to dh,;dzarge any S<?fe and sane fireworks except during the hours of' nine (Y:00) a.m. to ten (10:00) p.m. OJI Ju(v isl through Ju(v 51h. or during !he lumrs of' nine (9:00) a.111. to ele\'en (11 :(H1) p.m. 011 the day of' the city's Fourth o{July public display (~/fireworks.
B. It shall be 1111/anfi1/jhr any person to ignite. disdwr>;e, project or otherwise/ire or use any SC{/e and sane fireworks, or permit lhe ignition, discharge or projection there<?!:
upon or over or onto the properzv cf another wit/rout lris111er consent, or to ignite, discharge, pn?iect or otlte,11·isefire or make use of any st{/<~ and sane fireworks within ten feet of any residence. dwelling or other structure used as a place ql habitation l~r h11111an beings.
Section 3101.18 is added to read:
3101.18 S{lfe muf sane' jin:works-S11pervisio11 of minors.
It shall h£' unlmijitlfor any person having the care, cust<u(v or comro/ of a minor (under eighteen years) to permit such minor tu discharge. explode . .fire or s£'t of/' any dangerous .fireworks, at any time, or to permit such minor lo di.w:hmxe or set of{any sa(e and sane .fireworks unless such minor does so under the direct supervision r~{a per.wn (JFer eighteen years o{age and during the hours and on the days p,-mnitted by this chapter.
Section 3101.19 is added to read:
3101.19 Sei:.ul'e <~/fireworks.
The.fire chief or the.fire chi({fs designee, may sei=c, take, remove or cause to he rc111m·ed, at the expense cf the permiltee or licensed.fireworks wholesaler, irhichever is applicahle. all stock o{Jireworks l~frered or e,\posedfor sale, stored or held in violation of this chapter when such violation creates an imminem threat to public health or Sf?fc'~I'.
Section 3101.20 is added to read:
3101.20 Police am/ fire department illegal firework:, operation pllln mu! ,~fter-at'tion report.
A. On or bt~/i>re lt4ay /st cfei·e1:i· year, both the city's police am/fire departments must present to the city council an operation plan for the Thirty-day period surroundinJ.: the 4th o(Ju(v (June 17th through .Ju(v 16th) .fe>r that year. Said operation plan must include, but not he limited to, thefollowing il!formation:
1. Jde11ti/icalio11 of' areas within the city where illegal firea•orks 1rcre a problem ;,, the previous year;
18 2. A detailed explanation of the deployment l?{ fire and law e11force111em pe1:w1111el to deal with those troublesome areas as 1t-dl as with the balance ol tire city;
3. A report on the apparatus and penonnel who will be 011 dutyji>r the period o(June 17111 through Ju~r 16th of that year, and more particularly, on lite 1st through the 5th of.Julv, inclusive;
4. Recommendations on and discussion of what, (/" any, dedicated illegal fireworks en/()rcement patrols !here should be /<Jr that year and all other rclernnt h1/hrmatio11 and statistics deemed 11ecessc11:v by the city council.
B. By 110 later than October 1st of tlwt same year. both police and/ire departments must report hack to the ci(r council with an c~fier-action report. That report must i11c/11dc, hut is not limited to:
I. An ernluation <?fthe success orfailure <?l that dq1artme11t 's operation plan fi:Jr that year including a listing(~{ any sign(ficant.fireworks-related incidents. both dangerous fireworks and safe and sane.fireworks:
2. Relewmt incident statistics for the period of June 17th through Jufv 16th, arrest and citation statistics for all crimes. bm more particular(vjor rhe pos.<,·ession, sale and/or use ol dangerous Ji reworks, altered S<tle and sane fireworks and misuse c?(sq/'e and sane Ji reworks outside the strict limitations <~l rM, chapter:
3. A report on !wit• many calls there 1rere regarding suspected dangerous .fl reworks, how many oft hose calls either of the departmems respomled to, how many of tlwse calls re.rnlled in sei:::ures and/or administratfre/ine citafions, Jhe status o{ payment <?f those administrative fines, and how many fireworks sei:::ures resulted in no citations. and {(so. why.
Section 3101.21 is added to read:
3101.21 Submittul of Fimmciul S111111m1ry
A. On or he/c;re September 15th <f any year authorized pursuant to a permit, the permittee shall submit to the city manager a financial swnmm:v <?flotal sa/exfrom fireworks, 011 a form supplied by the city which shall include the fi>llowing information:
1. Total gross receiptsJhm1 !he.fireworks stand operated by the permiuee:
2. All expenses incurred and paid in connection with the purcha8c ofjire1mrks and the sale there<?fi
3. Total net receipts.fi'omfireworks stand operated by permittee:
4. A summmy <?{ to whom cmd.li>r what pw1mse c~(the 11e1 proceeds were or will be disbursed: and
5. A co1-~v of the most recent report .filed by the permit lee to the California Department of Tax and Fee Administration.
B. Thcjiling ,fsuc/1 a.fi11a11cial swnmmJ' with the city shall he a condition precedent to the granting<?( any suhsequent permit.
19 Section 3101.22 is added to read:
3101.22 Exupti<m--Permit requiredj,n· agriculturlll aml wildlife firework.,·.
It shall be 11nlm1:fi1/for any person ro possess. sell.jim1islt. or give away, or o.lli.?r or e.,pose j(w sale, or/ire. disclun:~e. or explode, any agricuhural and wi/df!fejlreworks in the city wi1lwt11jirs1 obtaining a permiljhm1 the city manager.
me permit shall not be transfi:rable, and shall particular(\' describe the place ll'herc agricultural and wildlife.fireworks are to be stored. sold, or disclw,:s.;ed. Such permit sltall be Ji1r such length ol time as the city manager shall determine, hut in any event 1101 to e:i:ceed twelve months.
Section 3101.23 is added to read:
3101.13 Exceptio11--Ptm11it retJIJiredfor model rockets.
Tiu: .rnle, purdw.w .. ', storage.firing or di.w.:lw,:-,.!J .. ' o(model rockets may be allowed by written permit ji-0111 the ci~v manager which shall include, hut not he limited to, the conditions contained in Title 19 of the Cal(/im1ia State Administrative Code and any other conditions which the ci~\' manager may deem to be reasonaNv neces.sm:r.fhr the sqfery and we(tcire l?l the public and the communi(v.
Section 3101.24 is added to read:
3 U)J.24 A,lmiTlistrntive fines and penalties.
A. Purpose.
1. This chapter autlwri::es the imposition ofadministrativej,nes on any person ll'ho violates any provision of this clwpler in order to encourage a11d obtain compliance with the provisions of this chapter for the benefit and prutectio11 of the entire comm1mity. This section governs the imposition, e11forcement, collection and administralire review of all administrative fines related to: the possession, use, storage. sale and/or display l?/' those.fireworks class(/ied as dangerous_/ireworks in Ca/tf'i,m1ia liealtlr and Sc~/ety Code Section I 2500 et seq., with rhe exceprion of a pyroledmic licensee when operating pursuant to that license: and the use of safe and sa!le_/irnrnrks as defined in California Health and Safety Code Section 12500 et seq. 011 or at dates, times and/or locations other than those permitted hy this chapter. Said administratii•e fines are imposed under authority (>{ Goremme11t Code Section 53069.4, Health and Sqfizzv Code Section 12557. and the police pmi·er (?(the city.
2. The issuance of citations imposing admim~~trative .fines may be perfimned at the discretion qftlte qfficials qf the ci(r autlwri::ed hereunder, am/ the fssuance c!f a citation to any person constillltes but one remec(v ql tlle ci(r to redress 1·iolations o(this code hy any pen-on. By adoptinJ; this chapter, the city docs not intend to limit its autlwri~v Jo employ any other remel(V, civil or criminal, to redress any violation olthis code hy any person which this city may otherwise pursue. 20 3. The imposi1ion o_ffines related to dangerous fireworks under this chapter shall be limited to persons who possess. sell. use and/or display, or the sei::ure f?/:
less than twenzr:f ive pounds (gross weight) <?f'suclt dangerous.fireworks.
4. Fines collected pursuant to this chapter related to dangerous fireworks shall 1101 be subject lo I fealth and Sq/'ely Code Section 12 706, which secEion provides thal certain fines collected by a court of the state be deposiled with, and disbw:ved hy, the cowrty treasurer. HowePer. the cizv shall provide cost reimhunement to the State Fire Marshal pursuant to regulations to he adopted by the Stale Fire Marshal addressing the Stale Fire ,Harsha/ 's cost JtN' the transportation and disposal <?l da11gcro11sjlreworks sei::ed by the ci(V, which costs will be part o{any administrative jine imposed. Unless alld w11il said regulations have been adopted by the state of C 'ali/hrnia. the city shall hold in trust two lwmlred_Hfiy dollars or twenty-jive percent of a11y fine collected, whiche\'er is greater, to cover the cost reimbursement to the State Fire i\tfarslwl for said cost of transportation and di.,JJo.rnl of the dangerous fireworks.
5. Because of the serious threat r?ffire or i1~illf:\' posed by the use (?f'da11gcrous _fireworks that can result fi"om persistent or repeated ji1ilures to compzv with the ;Jro,,isions o,{tl:is co(ic an,! the £~/f(!Cl t~{sucl: contlitit>ns or activitie .. s· 011 the Sf~/'r.!ty a,ui rite use and enjoyment v_fsurrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liabilizv upon the owners of residential real property for all ,,ioJations r~l this code existing on their residential real proper{r.
Each contiguous use, display andlor possession shall constitute a sepamte violation and shall be sul~ject to a separate adminisrrativefine.
6. At leastf(f~v (50) percent ffthefines collected pursuant to this chapter must be placed in a segregated jimd entitled "Carson lllegal Fireworks E11forceme11t Fund." 11,e sole aud exclusive purpose <?l thisfimd is to payfiH increased/ire and police deploymenl, protection and ini-esligation of' and against illegal .fireworks in the city/or the thirty-day period surrounding the 4th of.July (.lune 17th through Ju~r 16th).
B. hrnance o/Administralive Citation--Contenls.
J. JYhem'irer a code enfbrcemellt o/Jicer (CEO) determines that a Fiolation of' the code has occurred. the CEO may issue an administratiFe citation on a cityappmred.fimn listing the code violation(v) and tlu.• amount <?{the administratil'e.fine ret111ired to be paid hy the responsible person(s) in accordance with the provisions of this chapter.
) Each administrative citation s·hall contain the.following i1{/cm11atio11:
a. The name. mailing address, date rf Mrth, CDL number, and home or husi,wss telephone number (?/'the responsible person charged ll'ith any violation <?fthis code:
b. Tire address or description of the location of the Fiolalion; 21 c. 17te date or dates 011 which the person violated this code:
d. Tlte section or sections of this code that were violated:
e. A description <?(the violation(\);
l The amount of' the administrative.fine for each viola1io11. the procedure in place to pay the.fines. and any latefee and interest clwrge(s). (/'not time~v paid, and notice that if' the city is required to take action to collect such fines, the responsih!e person may be charged cosls and atton1£~l' 'sfees:
g ll/otice <?l the procedure to request an administratil'e hearing to contest the citation (including thefbrm to be used, how to obtain thefimn, and the period ll'ithin which the request must be made in orderfor it to be considered timely):
h. The name and signature ff the CEO who issued the citation and rhe name and signature qf the citee. if he or she is physical~\' present and irill sign the citation at the time o/its issuance. 11w re/11sal ola citee to sign a citation shall 1101 affect its rnlidity or any related subsequent proceedings, nor shall signing a citation constitute m1 admission that a person is responsihlef<Jr a violation of' the code: and
i. Anr other infhrmation deemed necessarr hv the director /hr enjhrcement or .. " . .. . . collection pm71oses.
C Administrath·e Fines.
1. Each person H'lzo violales any provision of this code as it relates to the possession, use. storage. sale and/or di.\JJ/ay t?{dcmgerousfireworks shall be .rnl?fect to the imposition and payment <fan administrative.fine or.fines as provided he/ow:
·~--"'-·-----.~.----., ·-
!Vumber l~r Qfle11ses .,imoum of Total Ammmt of
in !~Year Period vJ,lmi11istrative Pe1U1l(r lAlte Charge Penalty Plus I.ate Clwrge
First Sl,000 $250 1 s1.250
Second $3,000 $500 $3,500
Third $5,000 $1,000 $6,000
2. Each person who uses S({fe and sane fireworks on or at dates. times and/or locations other than those permitted by !his chapter shall be subject to the imposition and payment <?l an administrative.fine orjlnes as provided below:
22 Number ,~f O..ffense.,; 4mmmt ,~f
in /~Year Period ilministmtfre Pe11alty
Firsr $250
Second $500
Third $75(}
Late Cltm:i:e
$3()()
Total Amount of
Penal{J' Plus Late
Charfie ________________ _
$325
$650
$1,050
3. In !he case o( a violation of any ol the prons1011s listed above, the culministratfrefine('.\) shall he due and payahle within thir~v calendar daysjim11 the issuance q(the administrative fine citation, and the citee shall be required to abate the violation and surrender all dangerous .fireworks to the CEO immediate(1·. For penalties nor paid in/11!1 wilhin that time. a fate charge in 1he anwum set.forth abol'<:
is hereby imposed and must be paid to the city by the citee. Fines not paid within 1/re time established hy this section shall accrue interest at the prevailinx established rnte. On the second and each s11hseque11t time that a person is issued a citation jiJr the same violation in any twelve-molllh period. the fine is increased as indicated ahore and the citee shall be liable for the amowrt of the 11ewji11e umil it is paid, in addition to being respo11sib!efor paymem t?fpreviousjines. Each de1•ice (firework) possessed. ignited. exploded. disdunged, used, or displayed constitutes ti separate l'iolalion of' this ordinance and therefore is subject to a jine j(Jr cach dei•ice.
Possession is defined as having direct or indirect custm~r and/or control cf any dangerous and illegaljirework~- prohibited 1111der this chapter.
4. All administrativejines and any late charges and interest due shall he paid to the ci(v at such a locarion or address as stated 011 the citation, or as may otherwise be designated by the ci~F manager. Payment(?{ anyj111e orfi11es shall not excuse the ciree }I-om comp~ving with the prm•ision of the code so violated. The issuance of the ciration and/or payment o/anyfi11e shall nor bar the ci~i1j1·om employing any other enfi,rcement action or remelfl' to obtain compliance with the pnwisions of the code so 1·iolated including the iss11m1ce of' additional citafio11s and/or criminal pn,secutirm.
5. Upon confirmation of'the citation or when the citation is deemed confirmed, all unpaid administrative.fines, late fees andl<Jr interest shall constitute a judgmem which may be collected in any mmmer allowed hy lawfc1r collection o.fjudgments including hut not limited to recordation to create a lien 011 any real property ow11ed by the responsible person. 11ze ci(v shall be entitled to recover its attontLT 'sfees and costs incurred in collecting any administratfrejines. late charges and/or interest.
6. Paymelll of !lie administrative fine shall not excuse or dischm:rr,e a citee _t,-mn die duty to inmwdiate(r abate and correct a violation olthis chapter, nor/i·om any other responsibility or legal consequences fhr a conti1111atio11 or a repeated occurrence(\) <f/'a violation cf this chapter.
D. !Jost Liability
23 /. Any host shall be strictly liable for any unlau:fitl possession, ignition, explosion. discharge. use, or display c~f'anyfireirorks in violmion oft/tis chapter 011 their properzr or at their gathering, except that no pet~\·011 who has the right to use, possess, or occupy a unit in a mult(li1mily resitle11tial property under a lease, rental agreement, or contract shall he /iable.f<Jr a violation r?fthis chapter occurring in the common area of the proper(v unless the person hosts, organi::es, supervises, <~fliciates, conducts, or accepts responsibiU(v.for a gathering at which the violation occurs.
2. A11yperso11 having the care, custoc~r. or collfrol ofa minor shall be strict~r liah!e/i>r any unlm1_'/1d ignition. explosion. dischmge. use. or display ofjlreworks hy the minor in Fiofalion c?f' this chaplet:
3. Except as provided he/ow in suhsection 4 helou; no host shall permit or allow another person on privalt! propertJ: or at a gathering m1 puhlic proper(\', where the host knows or reasonab(v should know that the person is engaged in a violation oft/tis clwpte,:
4. The provisions <~/'this section shall not app(v to:
a. Conduct involving display, use. or discharge ~(lireworks as permitled under Federal or State law:
h. A ltost ll'ho i11itia1es contact with law e1!frm:emefll orJire <~flicia/s to assist in removing any personji'Om the property or gathering in order to comp(v with this cltapte1: (fthe requestji,r assistance is made hejhre any other person contacts law e,,fi)rcement orjinf q/ficials to complain ahout the i-iolation (?ltlzis chapte,:
5. A violation 0{1his section shall be subject to 1/tejlne a11101111ts listed in 5,ection 3101.24(C)(l). <?lthis chaplet: Each det'ice (fireworf..) possessed, ignited, t•.,ploded, discharged, used, or displayed constiflltes a separnte riolation olthis ordinance and thenfore is subject to ajinefor each device. Possession is defined as hav;,1g direct or hzdirect custo<~v and/or control Q/'any dangerous and illegal fireworks prohibited under This clwpte,:
£. Right to an Administratiw: Hearing.
1. Any cilee ma_\' contest tlte i'io!atim1(:\:), or that he or she is a n.'Spom·ible person. hy .filing a rel/lU!Sl Ji.1r an administrative hearing 011 a dty-approved/i)rm with the city clerk within thirty calendar days.fi·om the issuance date <?fa citation. if the city clerk does not receiv(:' the request in rhe required time period, the citee shall have waived a right to a hearing and the citation shall be deemed c01~/irmed a11d final.
2. No _(ees slta/1 be chargedf<Jr the.filing of a request for a hear;,1g. 24 3. Ci tees must deposit the jili/ amount of the penal~v fisted on the citatio11 on or before the requestfor a hearing is/lied. Failure to deposit thefitfl amount o(all penal!ies within rhe required time period. or the tender ola 11011negotiable check. shall render a request for an administratiFe hearing incomplete and untimely.
Penalties that are deposited with the ci~r shall not accrue interest. Penalties deposited shall be returned to the pe,:wn who deposited them ({ the citation is overturned.
4. A request for a hearing shall contain thefiJ/lowing:
a. The citation number;
b. 77ze name. address. 1depho11e number mu/ a11y .f<u:simile numbers a11d email addresses of'each person contesting the ci1a1io11; c. A statement of the reason(s) why a citation is being cmuested; and d. The date and signature(?( the citee(.vj.
5. The ci(t' will 110ti/.)' all persons w/10/iled a request for a hearing in writing hyfirst class maU £ft/re date, time and place setfor the bearing at feast ten calendar days prior to the date <f the hearing. Service <?( this notice is deemed complete at time o(mailing. Thefailure (?(a citce to receive a properly addressed notice shall not to this chapter.
6. The hearing will be conducted ll'if hin sixtr days of The date a 1ime~1· and complete request is received by the city clerk.
7. If the CEO submits an additional wrilten report concerning the citation to the citvfor consideralion at the hearing. !he CEO shall also serve a copv of such report hy/irst class mail on the person request in}{ an administratfre hearing 110 less than seven calendar days prior to the date <?( the hearing. Failure lo receive said report shall not invalidate the citmion or any hearing, ci0' action or proceediT1g pursuant lo rh;s chapter.
F. Administrative llearing--Procedures.
I. The hearing '!tficer designated or appointed hy the ci~J' manager shall hear all requests for administrative hearings of administrative fines in accordance with the procedures established herein.
2. Administrative hearings are i1~lhrmal, and formal rules rf eFidence aml discover:v do not app~r. 71,e ci(v bears the burden olpro<f to establish a violation and responsibili~v there/iHe by a preponderance lf evidence. The citation is prima facie evidence olthe violation, l101rever, and the CEO who issued the cilalion is not required to attend or participate al the hearing. The citee(s) and CEO, if present, shall haw.' an opportuni~v to present evidence and witnesses and to cross-examine witl/esses. A citee may bring an interpreter to the hearing pr<wided there is no expense to the ci~v. The hearing ,?{/leer may questiou any person who presellts el'idence or who testifies at any hearing.
25 3. A citee may appear at the hearing in person or by written declaration executed under penalty ofpe1jw:r. Sahl declaration and any documents in support thereo{shal/ be tendered to and received by the city at least Sf!\'CII business da.1~\· prior to the hearing. !{the citeefi1ils to attend or does not submit a written declaration in a time~v mwmcT, he or she shall he deemed to lzcl\'e waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. 111 such instances. the citalion shall be deemed con.firmed.
4. Hearings may he cona,wed once at the request <?la citee or the officer ll'ho issued rhe citation. The hearing o}]icer may also continue the hearingfor cause.
G. Hearing Decision--Right tfAppeal.
I. Alier considering all the testimony and evidence submitted at the hearing, the hearing qfficer shall issue a written decision lo uphold or overturn the citation and shall stale tire reasons rhere.fbr.
2. The hearing qfficer shall serve citee(~) hyfirst class mail with a copy o(llie written decision. The date the decision is deposited with the U.S. Po.<,;ta/ Service shall constilllte the date o{its service. J'heji,ilure <?(a citee to receive a properzr addressed decision shall not inmlidate any hearing, city ac1io11 or proceeding conducted pursuant to this chapter.
3. Decisions of the hearing oflicer may be appealed to the city council within thirty days after the date of' their service. Each decision shall contain a slalemellf {l{frising the citee r?f'this appeal right and the procedure/or its exercise. A citee shall file a notice of appeal 1t·ith the ci(v within twen(v calendar days ,~/ier the date of service o(tlte hearing oj)icer 's decision.
4. fl a hearing o.flicer 's decision is not appealed in a time(v manner. the decision shall be deemed cmifirmed.
5. The ci(v council is the sole reviewing alltlwrifr and an appeal .fi'mn a hearing <?[ficer 's decision is 1101 appealable to the superior court. If a responsihle person prevails 011 appeal. the city shall reimburse his or herfine deposit willrin thir(v calendar days of the city council's decision on the appeal.
Section 3 IO 1.25 is added to read:
3101.25 Recm•ery ofRef>ponse Costs.
A. In addi1ion to any _lines or penalties which may otherwise be leried by the City pursuant to this chapter. the City shall be entitled to recoi·erfi·om any person fo1111d to be in violation of'w1y provision o{tlris chapter, the City 's.fidl response costs.
B. For purposes <?{ this chapter. the term "response cosfs" shall remain those reasonable and necessm:r costs direct~r incurred by the Ci~vfor a response lo complaint qf disclwrging iltegalj1reworks prohibited under this section and shall include the cost of' 16 prm•iding police, fire, and/or other emergency response serFiccs at the scene to include. hut not limited to:
1. Salaries and benefits of law et?fi1rceme11t and/or emergency personnel for thefidl amount <?(time spend responding to, remaining at, or otherwise dealing with such illega/fireworh, and the administrative costs attributable to such responses:
2. The cost of any medical Treatment to orfor any law e11/c>rcement pe1:w11nel il!iured while responding to, remaining al. or leaving the scene; and
3. The cost r?f' repaying any Ci~l' equipment or property damaged and the cost of the use t?lany such equipmellt used in responding to, remaining at. or leaving the scene.
Section 3101.26 is added to read:
3101.26 Amendment.
This clwprer shall not be repealed or amended except by a vore of the people oltlte city of Carson.
Section 3101.27 is added to read:
3101.27 Co11curre11t autltorities.
Any prov;sions <V' the Carson Municipal Code in co11/lic1 herewith are hereby repealed.
This chapter supersedes any conflicting provisions, o{the Uni/i1m1 Fire Code, Jnternatio11al Fire Code, and the Un[lorm Building Code.
Section 3101.28 is added to read:
3101.28 Sei1ert1hili(i1•
!(any section, subsection, sentence, clause or phrase of this chapter that is/hr any reason held to he invalid or u11co11stilutional by the decision <~{any court <?lcompete11tjurisdictio11, such decision shall not at,ect the validi(v ,~l the remaining portions (?{ this chapter. The people of the ci(r ff Carson hereby declare that they would hm•e passed this chapter and each section, subsection, sentence, clause and phrase thereof; irrespective ol tlzefact that any one or more sections, subsccrious, sentences. clauses or phrases be declared invalid or unconslitutimwf.
27 RESOLUTION NO. 25-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION ON TUESDAY, JUNE 2, 2026, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY AN INITIATIVE MEASURE, WHICH WILL AMEND ARTICLE III, CHAPTER 1 “FIRE PREVENTION” OF THE CARSON MUNICIPAL
CODE TO ALLOW THE SALE AND USE OF “SAFE AND SANE”
FIREWORKS IN THE CITY OF CARSON
WHEREAS, pursuant to Section 9215 of the Elections Code of the State of California, the City Council has received a duly signed and certified initiative petition containing the signatures of not less than ten percent (10%) of the registered voters of the City according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187 of the Elections Code of the State of California, which petition proposes a municipal initiative ordinance that would amend Article III, Chapter 1, Fire Prevention, of the Carson Municipal Code to allow the sale of and use of “Safe and Sane Fireworks” in the City of Carson (“Fireworks Measure”); and WHEREAS, pursuant to Section 9215 of the Elections Code, the City Council is required to either adopt the Fireworks Measure, without alteration, or submit the Fireworks Measure to a vote of the electorate of the City pursuant to Section 1405 of the California Elections Code; and WHEREAS, an established Statewide General Election is scheduled for June 2, 2026; and WHEREAS, the City Council of the City of Carson, under the provisions of the Charter of the City of Carson and pursuant to Section 9215(b) of the Elections Code, hereby sees fit and intends to call an election to submit the Fireworks Measure to the voters of the City of Carson at the City’s next general election which will be the General Municipal Election to be held on June 2, 2026, and to request consolidation of the same with the Statewide General Election to be held on the same date; and
WHEREAS, it is desirable that said measure submitted at the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of Carson the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council of the City of Carson, pursuant to its right and authority, hereby orders submitted to the voters at the General Municipal Election to be held on Tuesday, June 2, 2026, the following question:
Shall the measure, placed on the ballot by initiative
petition, allowing the sale, from up to 12 permitted
temporary stands, and use of “safe and sane fireworks”
(as defined in state law) within the City during
specified dates and times around the Fourth of July
season, with a prohibition on “dangerous fireworks”
(as defined in state law) subject to specified
exceptions, be adopted?
YES
NO
Section 2. That the text of the Fireworks Measure that is to be submitted to the voters is attached as Exhibit “A” to this Resolution and incorporated herein by this reference as if set forth in full. The City’s designated elections official is hereby authorized and directed to make any changes to the text of the Fireworks Measure or this resolution as required to conform to any requirements of law.
Section 3. That the vote requirement for the Fireworks Measure to pass is a majority (50% +1) of the votes cast.
Section 4. That the City Clerk/City’s designated elections official is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 5. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law.
Section 6. That the City Council authorizes its City Clerk/City’s designated elections official to administer the election and is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 7. Pursuant to California Election Code Section 10242, the polls for the General Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as otherwise provided in California Election Code Section 14401.
Section 8. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted in accordance with the provisions of law regulating municipal and statewide elections.
Section 9. That notice of the time and place of holding the General Municipal Election is hereby given and the City Clerk/City’s designated elections official is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law.
Section 10. That pursuant to Sections 10402 and 10403 of the Elections Code, the Los Angeles County Board of Supervisors is hereby requested to consent and agree to the consolidation of the submission of the Fireworks Measure at the General Municipal Election with the election conducted by Los Angeles County to be held on Tuesday, June 2, 2026.
Section 11. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.
Section 12. That the Los Angeles County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 13. That the Los Angeles County Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar of Voters to take any and all necessary steps for the holding of this consolidated election.
Section 14. That the City of Carson recognizes that additional costs will be incurred by Los Angeles County by reason of this consolidation and agrees to reimburse Los Angeles County for any costs upon presentation of a properly submitted bill.
Section 15. That the designated elections official is hereby directed to file a certified copy of this resolution with the Los Angeles County Board of Supervisors and the Los Angeles County Registrar of Voters.
Section 16. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 5th day of November, 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. 25-133, was adopted by the Carson City Council at its meeting held on the 5th day of November, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
EXHIBIT A
FIREWORKS MEASURE
[Exhibit on the following page]
RESOLUTION 25-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS REGARDING AN INITIATIVE MEASURE,
WHICH WILL ALLOW THE SALE AND USE OF “SAFE AND SANE”
FIREWORKS IN THE CITY OF CARSON
WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on June 2, 2026, at which there will be submitted to the voters an initiative measure, which proposes a City Ordinance that would amend Article III, Chapter 1, Fire Prevention, of the Carson Municipal Code to allow the sale of and use of “Safe and Sane Fireworks” in the City of Carson (“Fireworks Measure”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Pursuant to California Elections Code § 9282, the persons filing the initiative petition may file a written argument in favor of the Fireworks Measure, and the City Council may submit an argument against the Fireworks Measure.
Section 2. In the event that more than one argument for, or more than one argument against, the Fireworks Measure is timely submitted to the City Clerk/Elections Official, the City Clerk/Elections Official shall select one argument in favor and one argument against the measure to be printed and distributed to the voters. In selecting the arguments, the City Clerk/Elections Official shall give preference and priority in the order named, to the arguments of the following:
(1) to the City Council, or member or members of the City Council authorized by the City Council; (2) to the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) to bona fide associations of citizens; and (4) to individual voters who are eligible to vote on the measure, in accordance with the provisions of California Elections Code Section 9287(a).
Section 3. In accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the Fireworks Measure: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City’s designated elections official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City’s designated elections official, after which time no arguments for or against the Fireworks Measure may be submitted to the elections official.
Section 4. The City Council hereby directs the City’s designated elections official to transmit a copy of the Fireworks Measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the Fireworks Measure, not to exceed five hundred (500) words in length, showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the Fireworks Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. In the event the entire text of the Fireworks Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure __. If you desire a copy of the ordinance or measure, please call the elections official's office at (310-952-1720) and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City’s designated elections official for the filing of primary arguments.
Section 5. The City’s designated elections official shall cause the City Attorney’s Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 5th day of November, 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. 25-134, was adopted by the Carson City Council at its meeting held on the 5th day of November, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
RESOLUTION NO. 25-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING AN INITIATIVE MEASURE, WHICH WILL
AMEND ARTICLE III, CHAPTER 1 “FIRE PREVENTION” OF THE
CARSON MUNICIPAL CODE TO ALLOW THE SALE AND USE OF
“SAFE AND SANE” FIREWORKS IN THE CITY OF CARSON, TO BE
SUBMITTED AT THE GENERAL MUNICIPAL ELECTION ON JUNE 2,
2026
WHEREAS, a General Municipal Election is to be held in the City of Carson, California, on June 2, 2026, at which there will be submitted to the voters an initiative measure, which proposes a City Ordinance that would amend Article III, Chapter 1, Fire Prevention, of the Carson Municipal Code to allow the sale of and use of “Safe and Sane Fireworks” in the City of Carson (“Fireworks Measure”); and
WHEREAS, California Elections Code § 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments regarding city measures submitted at municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein by this reference.
Section 2. Pursuant to Elections Code § 9285, when the City’s designated elections official has selected the arguments for and against the Fireworks Measure which will be printed and distributed to the voters, the City’s designated elections official shall send copies of the argument in favor of the Fireworks Measure to the authors of the argument against the Fireworks Measure, and copies of the argument against to the authors of the argument in favor. The author or a majority of the authors of an argument relating to the Fireworks Measure may prepare and submit a rebuttal argument not to exceed two hundred and fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) persons. The rebuttal arguments shall be filed with the City Clerk not more than ten (10) days after the final date for filing primary arguments.
The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
Section 3. All previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.
Section 4. The provisions of Section 2 of this Resolution shall apply only to the General Municipal Election to be held on June 2, 2026, and shall then be repealed.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson, California, at a regular meeting held on the 5th day of November, 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. 25-135, was adopted by the Carson City Council at its meeting held on the 5th day of November, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Wednesday, November 5, 2025, 5:00 PM
DISCUSSION 32.
To: Honorable Mayor and City Council
From: Tomisha Haywood, Records Management Coordinator CCO Option 1 Subject: CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’S
COMMISSIONS, COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY MAYOR AND
CITY COUNCIL AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALL
COMMISSIONS (CITY COUNCIL)
I. SUMMARY
This item is on the agenda to consider only uncontested appointments of City Commission, Committee, and Board members in accordance with the City Charter, Article VI, by Mayor and City Council. (Exhibit 1) Also, consider all (contested and uncontested) appointments to all commissions and also consider appointments to City Affiliated Organizations.
Pursuant to Section 602 of the City Charter provides, in part, the mayor and each member of the city council may appoint one member to a position on each City board or City commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
At the October 21, 2025, City Council meeting, Mayor Lula Davis-Holmes continued this item to a future meeting.
II. RECOMMENDATION
TAKE the following actions:
1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission;
3. CONSIDER and APPOINT members to City Affiliated Organizations;
4. DIRECT the City Clerk to notify all affected appointments of this action in writing;
5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act III. ALTERNATIVES
N/A
701 East Carson Street
IV. BACKGROUND
Every two years after the municipal election, most Commission and Board appointments expire. As unscheduled vacancies occur and/or members are frequently absent, it is best practice to consider new appointments.
Invitations to submit an appointment application for all interested person(s) were posted in accordance with the Maddy Act. Applications for individuals requesting appointments were previously provided under separate cover to the Mayor and City Council.
V. FISCAL IMPACT
Funds for member stipends are already budgeted for Fiscal Year 2025-2026.
VI. EXHIBITS
Local Appointments List
Prepared by: Dr. Khaleah K. Bradshaw, City Clerk and Tomisha Haywood, Records Management Coordinator Attachments
Exhibit 1 - November 5, 2025, Agenda Report.pdf
*
** M
a
Mayor's uncontested
Denotes vacated seat
I. COMMISSIONS
[1] Economic Development Commission
Established by: Ordinance No. 00-1191. §1 (CMC §27104.1); Ordinance No. 21-2108 Membership:
Qualification:
Meetings:
Staff Liaison:
Support Staff:
Appointed Term Expires
Aldridge Jr., Ray (LDH)** 12-06-22 11-30-26
Childers, Christopher (CH) 12-06-22 11-30-26
Embry, Darren (LDH) 04-04-23 11-30-26
Kelley, Blake (LDH) 04-04-23 11-30-26
Jimenez, Trini (AR) 12-06-22 11-30-26
Luevano, Jose (JH) 06-17-25 11-30-26
Sparrow, Clyde (LDH) 04-04-23 11-30-26
Wallace, Deborah (LDH) 04-04-23 11-30-26
Baddeley, Kevin (JD) 06-17-25 11-30-26
Cordova, Ted (LDH) Alt. 1 04-04-23 11-30-26
Ibarra, Victor (LDH) Alt. 2 02-06-24 11-30-26
Vacant (LDH) Alt. 3 11-30-26
CITY OF CARSON
LOCAL APPOINTMENTS LIST FOR
COMMISSIONS, COMMITTEES, AND BOARDS
(Pursuant to Government Code Section 54970 et seq.)
NOTICE IS HEREBY GIVEN that the current terms for the following Commissioners, Committee and Board Members will expire as indicated for the respective bodies listed. Any interested resident of the City of Carson, California is eligible to serve on any of the below-named commissions, committees, or boards unless otherwise specified. Applications are available at the City Clerk's Office by request at (310) 952-1720.
The following appointed positions may receive compensation John Raymond, Asst. City Mgr x1773;
Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
9 members; 3 alternates
Shall be and remain a resident of, or have a place of employment or business in the City of Carson, and be at least 18 years of age. Shall include representatives of all major sectors of the Carson business community as determined in the sole discretion of the City Council.
Sandy Solis, Division Secretary x1325
1st Thursday, 8:00 a.m., Executive Conference Room
Agenda Ready Report - November 5, 2025 Exhibit 1 1
[2] Environmental Commission*
Established by: Ordinance No. 70-128; §1 (CMC §2750); Ordinance No. 21-2103 Membership:
Qualification:
Meetings:
Staff Liaison:
Support Staff:
Analyst x1636; Kristin Smith, Council Aide x1743
Appointed Term Expires
Vacant (JH) 11-30-26
Swayzer, Ezekiel (LDH) 12-03-24 11-30-26
Hopson, Lillian (LDH)** 12-03-24 11-30-26
Ford, Brittney (LDH) 05-21-25 11-30-26
Koons, William (JD) 12-03-24 11-30-26
Peralta, Maribel (AR) 01-07-25 11-30-26
Hunt, Joseph (LDH) 05-21-25 11-30-26
Taylor, Hourie (CH) 12-06-22 11-30-26
Watkins, Freeman (LDH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[3] Human Relations Commission*
Established by:
Membership: 11 members (7 general, 2 youth, 2 w/ a focus on disability-related matters); 3 alternates Qualification:
Meetings: 3rd Wednesday, 6:30 p.m., City Manager Conference Room Staff Liaison: Robert Lennox, Asst. City Manager x1728
Support Staff: Cac Le, Council Aide x1722
Appointed Term Expires
Junio, Teresita (LDH) 12-03-24 11-30-26
Calhoun, Jill (AR) 12-06-22 11-30-26
Davenport, Kimberley (JH) 04-04-23 11-30-26
Keely, Tina (JD) 12-03-24 11-30-26
Ramos, Jessica (LDH) 12-03-24 11-30-26
Reed, Cassandra (CH) 12-06-22 11-30-26
Russ, Harriett (LDH)** 12-03-24 11-30-26
Ifeacho, Dr. Chinyere (LDH) Alt. 1 12-03-24 11-30-26
Viernes, Irene (LDH) Alt. 2 12-03-24 11-30-26
Vacany (LDH) Alt. 3 11-30-26
Thompson, Audra (LDH) *Pending oath Disability Advocate Member 10-21-25 11-30-26 Padua, Luz Disability Advocate Member 10-21-25 11-30-26 Paxton, Cameron (LDH) Youth 02-18-25 06-30-26
Vacant (LDH) Youth 06-30-26
Shall be and remain a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member's appointment
Shall be a resident of the City of Carson. Youth members shall be 16-21 years of age, enrolled in school at time of appointment, maintain a 2.0 GPA, shall have interest in human relations.
Ordinance No. 74-294; Ordinance No. 87-812, §1; Ordinance No. 89-883,§1 1st Wednesday, 6:30 p.m. (Executive Conference Room)
Jessica Coria, Division Secretary x1823; Evelyne Carmona, Senior Administrative 9 members; 3 alternates
Reata Kulcsar, Innovation & Sustainability Officer x1312 Agenda Ready Report - November 5, 2025 Exhibit 1 2
[4] Parks, Recreation and Cultural Arts Commission*
Established by: Ordinance No. 69-65 (CMC §2735); Ordinance No. 21-2106 Membership: 9 members; 3 alternates
Qualification:
Meetings: Last Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Michael Whittiker Jr., Director of Community Services x3571 Support Staff: Kimberly Madrigal, Administrative Secretary x3581 Appointed Term Expires
Cainglet, Jesus-Alex (CH) 12-06-22 11-30-26
Cortado, Kimberly (JH) 06-20-23 11-30-26
Dahilig Jr., Cesar (LDH) 12-03-24 11-30-26
Lawrence, Shannon (LDH) 12-03-24 11-30-26
Gonzalez, Walter (LDH) 12-03-24 11-30-26
Hilliard, Kisa (JD) 12-03-24 11-30-26
Hunter, Edwina (AR) 12-06-22 11-30-26
Langston, DeAnthony (LDH) 12-03-24 11-30-26
Johnson, Jo Jacqueline (LDH)** 04-01-25 11-30-26
Brown Sr., Kelvin (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Brillantes, Rudolfo (LDH) Alt. 3 12-03-24 11-30-26
[5] Planning Commission*
Established by: Ordinance No. 13, §1 (CMC §2700); § 606 of the City Charter Membership: 9 members; 3 alternates
Qualification:
Monthly Meeting: 2nd and 4th Tuesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Christopher Palmer, Economic Development Mgr. x1365 Support Staff: McKina Alexander, Planning Mgr x1326; Laura Gonzalez, Planning Secretary x1328 Appointed Term Expires
Diaz, Louie (JD) 12-03-24 11-30-26
Docdocil, Frederick (LDH)** 12-03-24 11-30-26
Guerra, Carlos (LDH) 12-03-24 11-30-26
Vacant (AR) 11-30-26
Huff, Del (LDH) 12-03-24 11-30-26
Wilson, Leticia (LDH) 12-03-24 11-30-26
Mfume, DeQuita (LDH) 12-03-24 11-30-26
Johnson, Clarence (JH) 03-19-24 11-30-26
Thomas, Dianne (CH) 12-06-22 11-30-26
Montecarlo, Jaime (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
Resident of the City of Carson
Resident of the City of Carson
Agenda Ready Report - November 5, 2025 Exhibit 1 3
[6] Public Relations Commission*
Established by: Ordinance No. 01-1239, §2 (CMC §27105.1) Membership: 9 members; 3 alternates
Qualification:
Meetings: 4th Tuesday, 12:00 p.m. (City Manager Conference Room) Staff Liaison: Danielle Hasley, Public Information Analyst x1606 Support Staff: Christine Foisia, Senior Clerk x1740
Appointed Term Expires
Eatman, Sonya (LDH) Community Representative 12-03-24 11-30-26 Waddis, Dorcas (LDH)* Community Representative 06-17-25 11-30-26 Stewart, Linda (LDH) Community Representative 12-03-24 11-30-26 Sandoz, Jeretta (AR) Community Representative 12-03-24 11-30-26 Ross, Dorothy (JD) Public Relations Specialist 12-03-24 11-30-26 Nunley, Madalyn (LDH) Public Relations Specialist 12-03-24 11-30-26 Pitcher, Pamela (LDH) Public Relations Specialist 12-03-24 11-30-26 Smith, Byron (CH) Public Relations Specialist 03-06-24 11-30-26 Price, Dr. Denice (JH) Public Relations Specialist 04-04-23 11-30-26 Washington, Deborah (LDH) Alt. 1 06-17-25 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Page, Brent (LDH) Alt. 3 02-18-25 11-30-26
[7] Public Safety Commission*
Established by: Ordinance No. 99-1160 § 1; Ordinance No. 01-1239 § 1 (CMC §27103.6); Ordinance No. 21-2104
Membership: 9 members; 3 alternates
Qualification:
Meetings: 3rd Thursday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Priscilla Palma, Division Secretary x1787 Support Staff: Vacant
Appointed Term Expires
Allen, Jeffrey (LDH) 12-03-24 11-30-26
Arnold, Keith (LDH) 12-03-24 11-30-26
Flinton, Lawrence (AR) 08-06-24 11-30-26
Dacus, Samuel (LDH) 12-03-24 11-30-26
Dorsey, Donnie (CH) 12-06-22 11-30-26
Lewis, Prentiss (JH) 04-04-23 11-30-26
Rivers, Angela (LDH) 12-03-24 11-30-26
Romero, Heidi (LDH)** 12-03-24 11-30-26
Cogut, Louis (JD) 12-03-24 11-30-26
Wilson, Michael (LDH) Alt. 1 12-03-24 11-30-26
Brown, Randy (LDH) Alt. 2 12-03-24 11-30-26
Fields, Brandon (LDH) Alt. 3 06-17-25 11-30-26
Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.
Shall reside or be employed in the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.
Agenda Ready Report - November 5, 2025 Exhibit 1 4
[8] Public Works Commission*
Established by: Ordinance No. 99-1181 § 2 (CMC § 2798.6) Membership: 9 members; 3 alternates
Qualification:
Meetings: 2nd Monday, 6:30 p.m. (Executive Conference Room) Staff Liaison: Gilbert Marquez, Principle City/Civil Engineer x1813 Support Staff: Taelour C. James, Division Secretary x1801 Appointed Term Expires
Vacant (AR) 11-30-26
Calhoun, James (JD) 12-03-24 11-30-26
Fe'esago, Uli (LDH) 12-03-24 11-30-26
McNichols, Ryan (LDH) 12-03-24 11-30-26
Howard, Kobii (LDH) 12-03-24 11-30-26
Benson, Melvin (CH) 07-18-23 11-30-26
Nweke, Chike (LDH)** 12-03-24 11-30-26
Martin, Jr., Marion (LDH) 12-03-24 11-30-26
Todd Griffin, Kellie (JH) 01-07-25 11-30-26
Obiora, Emmanuel (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
[9] Senior Citizens Advisory Commission*
Established by: Ordinance No. 97-1119, § 1 (CMC § 2799.6) Membership: 11 members; 3 alternates
Qualification:
Meetings: 2nd Monday, 4:00 p.m. (Community Center, Carson/Dominguez room) Staff Liaison: Mike Whittiker Jr., Dir. of Comm. Srvs. x1780; Dani Cook, Human Srvs. Supv. X04/04/2380 Support Staff:
Appointed Term Expires
Graves, Shirley (LDH)** 12-03-24 11-30-26
Lopez, Delia (LDH) 12-03-24 11-30-26
Leverette, Ernestine (AR) 05-06-25 11-30-26
Dunn, Linda (LDH) 12-03-24 11-30-26
Bates, Billye (LDH) 12-03-24 11-30-26
Patterson, Patricia (LDH) 12-03-24 11-30-26
Ronquillo, Myrna (JD) 12-03-24 11-30-26
Ruiz-Raber, Julie (CH) 12-06-22 11-30-26
Seymore, Dr. Vergie (JH) 04-04-23 11-30-26
Simpson-Lott, Darlene (LDH) 12-03-24 11-30-26
Walker, Itelia (LDH) 12-03-24 11-30-26
Brown, LaRhonda (LDH) Alt. 1 12-03-24 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Davis, Pauline (LDH) Alt. 3 12-03-24 11-30-26
Brenda Reed, Senior Clerk x1775;
Have interest, experience or ability in construction, transportation, traffic, or circulation areas to ensure that traffic, vehicle parking, bikeways, and transportation systems and other City facilities are regulated and constructed in a manner calculated to best provide for the safety and welfare of the public. Shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member’s appointment.
Resident of the City of Carson and be at least 50 years of age at the time of appointment.
Agenda Ready Report - November 5, 2025 Exhibit 1 5
[10] Veterans Affairs Commission*
Established by: Ordinance No. 99-1154, § 1 (CMC § 27102.6) Membership: 11 members; 3 alternates
Qualification:
Meetings: 3rd Monday, 6:00 p.m. (Veterans SportsComplex - Activity Room) Staff Liaison: Kisheen Tulloss, Council Aide x1711
Support Staff: Mikala Multiauaopele, Division Secretary x3557 Appointed Term Expires
Batucal, Arthur (JH) 04-04-23 11-30-26
Boyd, Robert (JD) 12-03-24 11-30-26
Branch, Jr., Roger (LDH) 12-03-24 11-30-26
Da Silva, Manuel (LDH) 12-03-24 11-30-26
Raber, Brian (CH) 12-06-22 11-30-26
Salomon, Emmanuel (LDH) 12-03-24 11-30-26
Mosequera, Nemie P. (LDH)** 12-03-24 11-30-26
Woods, Richard (LDH) 12-03-24 11-30-26
Woods, Thomas (LDH) 12-03-24 11-30-26
Seay, Al (LDH) 12-03-24 11-30-26
Wilvert, Karl (AR) 12-06-22 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
Shall be a resident of the City of Carson and be at least eighteen (18) years of age at the time of the member’s appointment.
Agenda Ready Report - November 5, 2025 Exhibit 1 6
[11] Women's Issues Commission*
Established by: Ordinance No. 02-1246, § 1 (CMC § 27106.6) Membership: 9 members; 3 alternates
Qualification:
Meetings: 4th Monday, 6:00 p.m. (City Manager Conference Room) Staff Liaison: Ravynne Staine, Council Aide x1733
Support Staff: Vacant
Appointed Term Expires
Dela Cruz-Manio, Connie (LDH) 12-03-24 11-30-26
Fielder, Yolanda (LDH) 12-03-24 11-30-26
Fields-Robinson, Dr. Leandrea (LDH)** 12-03-24 11-30-26 Foster, Carolyn (LDH) 12-03-24 11-30-26
Finley, Stephanie (JD) *Pending until oath rcvd 10-21-25 11-30-26 Odom Houze, Susan (JH) 04-04-23 11-30-26
Price, Dr. Greta (AR) 12-06-22 11-30-26
Williams, Maria (CH) 12-03-24 11-30-26
Tresvant, Sheila (LDH) 12-03-24 11-30-26
Graves, Keichun (LDH) Alt. 1 12-03-24 11-30-26
Mackson, Monique (LDH) Alt. 2 12-03-24 11-30-26
Johnson, Veronica (LDH) Alt. 3 12-03-24 11-30-26
[12] Youth Commission*
Established by: Ordinance No. 98-1132, § 1 (CMC § 27100.6 ) Membership: 11 members; 3 alternates
Qualification:
Meetings: 2nd Wednesday, 7:00 p.m. (Executive Conference Room) Staff Liaison: Brian Legaspi, Council Aide x1721
Support Staff: Vacant
Appointed Term Expires
Mitchell, Hannah (LDH) 06-06-24 06-30-25
Moore, Joshua (JH) 06-06-24 06-30-25
Redway, Khristopher (LDH) 06-06-24 06-30-25
Estrada, Juan (LDH) 06-06-24 06-30-25
Villasana, Andrea (JD) 12-03-24 06-30-25
Mitchell, Jazcidi (LDH) 12-03-24 06-30-25
Vacant (LDH)** 06-30-25
Smith, Zoey (CH) 06-06-24 06-30-25
Williams, Liv (LDH) 06-06-24 06-30-25
Homna, Kayla (AR) 01-07-25 06-30-26
Macias, Lea (LDH) 01-07-25 06-30-26
Vacant (LDH) Alt. 1 06-30-26
Vacant (LDH) Alt. 2 06-30-26
Vacant (LDH) Alt. 3 06-30-26
Resident of the City of Carson and be at least 13, but not more than 18 years of age at the time of appointment.
Shall be a resident of the City of Carson or work in the City of Carson during their tenure on the Commission and shall be at least eighteen (18) years of age at the time of the member’s appointment.
Agenda Ready Report - November 5, 2025 Exhibit 1 7
II. BOARDS & COMMITTEES
[13] Measure C and Measure K Budget Oversight Committee Established by:
Membership: 5 members; 2 alternates
Qualification: Resident of the City of Carson.
Meetings: 2nd Tuesday, 6:30p.m. (Community Center)
Staff Liaison: William Jefferson, Director of Finance x1756 Support Staff: Vicki Hernandez, Senior Clerk x1744
Appointed Term Expires
Dorsey-Reeves, Vera (CH) 04-04-23 11-30-26
Cottrell-Fulbright, Lisa (AR) 05-06-25 11-30-26
Hunter, Cynthia (LDH) 04-04-23 11-30-26
Momoli, Nora (JD) 12-03-24 11-30-26
Hemphill, Dr. Afia (JH) 12-03-24 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
[14] Mobilehome Park Rental Review Board*
Established by: Ordinance No. 79-485U, §4702; § 607 of the City Charter Membership:
Qualification:
Meetings: 2nd and 4th Wednesday, 6:30 p.m. (City Council Chambers) Staff Liaison: Tara Matthew, Interim Housing Program Manager x1708 Support Staff: Sandy Solis, Division Secretary x1325
Appointed Term Expires
Vacant (JH) At-large 11-30-26
Valdez, Daniel (JD) At-large 12-03-24 11-30-26
Vacant (AR) At-large 11-30-26
Clark Harris, Dr. Alice (LDH) 04-04-23 11-30-26
Muhammad, Nafis (LDH) 04-04-23 11-30-26
Perez, Karey (LDH) 04-04-23 11-30-26
Hayes, Phyllis (LDH) 04-04-23 11-30-26
Dzikowski, Barbara (LDH) Park owner 04-04-23 11-30-26
Forbath, Susy (LDH) Park owner 04-04-23 11-30-26
Horton, Maria (LDH) Park owner Alt. [1] 04-04-23 11-30-26 Kleege, Robert Bruce (LDH) Park owner Alt. [2] 03-04-25 11-30-26 Gonzalez, Leonor (LDH)** Resident homeowner 11-21-23 11-30-26 King, Tom (CH) Resident homeowner 01-17-23 11-30-26
Davis, William (LDH) Resident homeowner Alt. [1] 04-04-23 11-30-26 Richardson, Sheila (LDH) Resident homeowner Alt. [2] 08-06-24 11-30-26 At-large Alt. [1]
At-large Alt. [2]
At-large Alt. [3]
Ordinance No. 09-1423 (CMC §61119); Amended by Resolution No. 19-027; Amended by Resolution No. 21-030
At-large Alt. [4]
See membership.
7 members (2 resident homeowners, 2 park owners, 3 at-large who are residents of the City and not homeowners, park owners, landlords, property managers or tenants in multifamily housing); 8 alternates (2 resident homeowners, 2 park owners, 4 at-large) Article VI, §602 of the City Charter: To be qualified for appointment, the member shall be a qualified elector of the City, shall be domiciled in the City for at least sixty (60) days immediately preceding their appointment, and shall continue to reside in the City for the duration of his or her tenure, unless otherwise provided by ordinance.
The mayor and each member of the city council may appoint one member to a position on each City board, committee or commission, and the remaining membership positions shall be appointed by the mayor and approved by a majority of the city council, including the three alternates.
Agenda Ready Report - November 5, 2025 Exhibit 1 8
[15] Relocation Appeals Board
Established by: Ordinance No. 74-313 (CMC § 21004)
Membership: 9 members; 3 alternates
Qualification: Resident of the City of Carson.
Meetings: Only when necessary
Staff Liaison:
Support Staff:
Appointed Term Expires
Batucal, Dennis (LDH) 04-04-23 11-30-26
Evans, Linda (LDH) 04-04-23 11-30-26
Tate, Dorothy (LDH)** 01-23-24 11-30-26
Guray, Jr., Tancredo "Jun" (JD) 12-03-24 11-30-26
Witherspoon, Murphy (LDH) 01-07-25 11-30-26
Anson, Jr., Oscar (LDH) 01-23-24 11-30-26
Vacant (CH) 11-30-26
Morrison, Christopher (JH) 09-16-25 11-30-26
Vacant (AR) 11-30-26
Vacant (LDH) Alt. 1 11-30-26
Vacant (LDH) Alt. 2 11-30-26
Vacant (LDH) Alt. 3 11-30-26
Sandy Solis, Economic Development Liaison x1325
Agenda Ready Report - November 5, 2025 Exhibit 1 9
III. SPECIAL COMMITTEE
[16] General Plan Advisory Committee
Established by Minute Action 10-03-17; Amended by Resolution No. 19-029; Amended by Resolution No. 21-031 Membership: 7 members; 2 alternates
Meetings: Only when necessary
Staff Liaison: McKina Alexander, Senior Planner x1326
Support Staff: Planning Technician x1327
Appointed Term Expires
Mayor Lula Davis-Holmes (LDH) 04-04-23 11-30-26
Councilmember Jim Dear (JD) 12-03-24 11-30-26
Brimmer, Charlotte (LDH)** 04-04-23 11-30-26
Dudley-Kimble, Monica (CH) 04-04-23 11-30-26
Gonzalez, Leonor (AR) 04-04-23 11-30-26
Hamilton, Dr. John (JH) 04-04-23 11-30-26
Sheriff Department Representative (LDH) 04-04-23 11-30-26 Cottrell-Fulbright, Lisa (LDH) Alt. 1 04-04-23 11-30-26 Lott, Aminika (LDH) Alt. 2 04-04-23 11-30-26
IV. SPECIAL BOARD
[17] Carson Reclamation Joint Powers Authority (CRJPA)
Established by Resolution No. 15-01-CRJPA; Resolution No. 21-02-CRJPA Membership: 5 members
Meetings: 1st Monday, 4:00 p.m. (Helen Kawagoe Council Chambers) Staff Liaison: John Raymond, Executive Director x1773
Support Staff: Sylvia Rubio, Executive Assistant x1318
Appointed Term Expires
Authority Chair Lula Davis-Holmes 06-07-21 06-07-26
Vice Chair Cedric Hicks 06-07-21 06-07-26
Board Member Ray Aldridge, Jr. 01-26-21 01-26-26
Board Member Lillian Hopson 01-21-21 01-21-26
Board Member Dianne Thomas 01-21-21 01-21-26
Agenda Ready Report - November 5, 2025 Exhibit 1 10
V. COUNCIL SUB-COMMITTEES
[18] Bingo/Fireworks/Refuse Ad Hoc Committee
Established by Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Councilmember Rojas 12-03-24
[19] Community Development/Housing/Logistics & Transit Standing Committee Established by Minute Order 04-02-19
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[20] Dignity Health Sports Park/CSUDH/Community Center Standing Committee Established by Minute Order 04-02-19
Appointed
Mayor Pro Tempore Hicks, Sr. 06-01-21
Councilmember Dr. Hilton 06-01-21
[21] Legislative Ad Hoc Committee
Established by Minute Order 02-16-21
Appointed
Mayor Pro Tempore Hicks, Sr. 12-03-24
Councilmember Dr. Hilton 12-03-24
[22] City Hall/Community Center Renovation Ad Hoc Committee Established by Minute Order 01-26-21
Appointed
Mayor Davis-Holmes 01-26-21
Councilmember Dr. Hilton 01-26-21
[23] Economic Development/E-Commerce Ad Hoc Committee
Establised by Minute Order 03-02-21
Appointed
Mayor Davis-Holmes 03-02-21
Mayor Pro Tempore Hicks, Sr. 03-02-21
[24] Conditional Use Permit Ad Hoc Committee
Established by Minute Order 04-05-22
Appointed
Mayor Davis-Holmes 04-05-22
Councilmember Dr. Hilton 04-05-22
Agenda Ready Report - November 5, 2025 Exhibit 1 11
[25] Housing Ad Hoc Committee
Established by Minute Order 03-16-21
Appointed
Councilmember Dr. Hilton 12-03-24
Councilmember Dr. Hilton Mayor Pro Tempore Hicks, Sr. 12-03-24 [26] Diversity, Equity and Inclusion Ad Hoc Committee
Established by Minute Order 09-07-21
Appointed
Councilmember Dr. Hilton 09-07-21
Councilmember Rojas 03-01-22
[27] Standard Management Procedures and Special Events Ad Hoc Committee Established by Minute Order 01-04-22
Appointed
Mayor Davis-Holmes 01-04-22
Councilmember Dr. Hilton 01-04-22
[28] Cell 2 Settlement Ad Hoc Committee
Established by Minute Order 02-07-22 (Carson Reclamation Authority) Appointed
Mayor Davis-Holmes Authority Chair Lula Davis-Holmes 02-07-22 Mayor Pro Tempore Dr. Hilton Board Member Dianne Thomas 02-07-22 [29] School Safety Ad Hoc Committee
Established by Minute Order 12-03-24 Established by Minute Order 02-15-22 Appointed
Councilmember Dr. Hilton 12-03-24
Councilmember Rojas 12-03-24
Captain Jones Norman 12-03-24
[30] Carson Finance and Audit Committee
Established by Minute Order 06-20-23
Appointed
Mayor Davis-Holmes 06-20-23
Councilmember Rojas 06-20-23
Mayor Pro Tempore Hicks, Sr. 02-18-24
[31] Short-Term Rentals Ad Hoc Committee
Established by Minute Order 03-02-21
Established by Minute Order 10-03-23
Appointed
Mayor Davis-Holmes 10-03-23
Councilmember Dr. Hilton 10-03-23
[32] Special Event Ad Hoc Committee
Established by Minute Order 06-06-24
Appointed
Mayor Davis-Holmes 06-06-24
Councilmember Dr. Hilton 06-06-24
[33] LA '28 Olympics Ad Hoc Committee
Established by Minute Order 07-16-24
Appointed
Mayor Davis-Holmes 07-16-24
Agenda Ready Report - November 5, 2025 Exhibit 1 12
Councilmember Dr. Hilton 07-16-24
[34] Refinery Ad Hoc Committee
Established by Minute Order 12-03-24
Appointed
Mayor Davis-Holmes 12-03-24
Mayor Pro Tempore Hicks, Sr. 12-03-24
[35] Grocery Store Ad Hoc Committee
Established by Minute Order 06-18-24
Appointed
Councilmember Dr. Hilton Member 06-18-24
Mayor Pro Tempore Hicks, Sr. Member 06-18-24
[36] Gil Smith Memorial Ad Hoc Committee
Established by Minute Order 01-07-25
Appointed
Mayor Davis-Holmes 01-07-25
Councilmember Dr. Hilton 01-07-25
[37] Energy Ad Hoc Committee
Established by Minute Order on 09-16-25
Appointed
Mayor Pro Tempore Hicks, Sr. 09-16-25
Councilmember Dr. Hilton 09-16-25
VI. CITY AFFILIATED ORGANIZATIONS
[38] California Contract Cities Association
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 12-03-24
Mayor Davis-Holmes Alt. 12-03-24
[39]
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 11-15-22
Councilmember Rojas Alt. 1 12-03-24
Staff Member Reata Kulcsar Alt. 2 11-15-22
[40] County of Los Angeles Public Library Commission
Appointed
Mayor Davis-Holmes Delegate 12-03-24
[41]
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alternate 12-03-24
Ord. No. 17-1633; LACCE Joint Powers Agreement (Authority) Clean Power Alliance
Automatic designation of Mayor as Delegate per Health and Safety Code Section 4730. City Council as governing body, must select an alternate to act in place of presiding officer (Mayor) in absence, inability, or refusal to act.
County Sanitation Districts of Los Angeles (Dist. No. 8)* Agenda Ready Report - November 5, 2025 Exhibit 1 13
[42]
Appointed Term Expires
Councilmember Dear Delegate 01-26-21 01-05-26
(effective 01-03-22)
The District’s governing power is vested in its 35 members of the Board of Trustees. One trustee is appointed by each of the 34 cities and the County Board of Supervisors appoints one to represent unincorporated areas of Los Angeles County.
To be appointed, the member must reside in and be a resident voter of the representative city (or county for county member) in the District. Board member duties and responsibilities include setting policy, establishing the budget, approving expenditures, and retaining legal counsel. The vector Trustee appointment and term are governed by the State Health and Safety Code and begin and end on the first Monday in January. Additionally, the State Health and Safety Code does not allow for alternate members to be appointed.
Greater Los Angeles County Vector Control District (Formerly SE Mosquito Abatement)* Agenda Ready Report - November 5, 2025 Exhibit 1 14
[43] L.A. County City Selection Committee
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Dr. Hilton Alt. 01-23-24
[44] League of California Cities
Appointed
Councilmember Rojas Delegate 03-01-22
Councilmember Dr. Hilton Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
[45] League of California Cities (Los Angeles Co. Division) Appointed
Councilmember Dr. Hilton Delegate 12-03-24
Councilmember Rojas Alt. 1 01-26-21
Mayor Davis-Holmes Alt. 2 12-03-24
Per Government Code Section 50270, the membership of each such City Selection Committee shall consist of the Mayor of each city within the county. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman. Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County. Nominations for the City Selection Committee appointees to the MTA are made by the Sector Subcommittees for the Sectors whose representatives’ terms are expiring. The cities assigned to one of the four regions in Los Angeles County (North County/San Fernando Valley, San Gabriel Valley, Southeast Long Beach and Southwest Corridor) shall meet as a Sector Subcommittee. Each candidate with a majority weighted vote will then be nominated from that Sector for consideration for appointment to the MTA.
Agenda Ready Report - November 5, 2025 Exhibit 1 15
[46] National League of Cities
Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Councilmember Rojas Alt. 1 12-03-24
Councilmember Dr. Hilton Alt. 2 12-03-24
[47] South Bay Cities Council of Govts (Joint Powers Authority) Appointed
Mayor Pro Tempore Hicks, Sr. Delegate 01-26-21
Mayor Davis-Holmes Alt. 12-03-24
[48] South Bay Workforce Investment Board
Appointed Term Expires
Ted Cordova Member 06-18-24 06-30-28
Jeffrey Jennison Member 06-18-24 06-30-28
Janice Jimenez Member 07-01-21 06-30-25
Tamala Lewis Member 07-01-19 06-30-23
Tami Lorenzen-Fanselow Member 07-01-19 06-30-23
[49] Southern California Association of Governments (SCAG) Appointed
Councilmember Dr. Hilton Delegate 01-26-21
Mayor Davis-Holmes Alt. 1 01-26-21
Councilmember Rojas Alt. 2 12-03-24
[50] U.S. Conference of Mayors
Appointed
Mayor Davis-Holmes Delegate 01-26-21
Councilmember Rojas Alt. 1 03-01-22
Mayor Pro Tempore Hicks, Sr. Alt. 2 01-26-21
[51] West Basin Water Association
Appointed
Mayor Davis-Holmes Delegate 12-03-24
Mayor Pro Tempore Hicks, Sr. Alt. 01-26-21
Agenda Ready Report - November 5, 2025 Exhibit 1 16