Compton City Council
March 14, 2023

 Interview other stakeholders in the region in the same fashion, including the County of Los Angeles, affordable housing developers, financing entities, advocates, research organizations, and other related entities to gain their perspectives.
 Provide an overview of best practices from other local housing trust fund studies, as well as a comparative review of the range of organizational and governance structures.
 Conduct a study of the overall housing needs in the region, determine the existing sources of support to meet these needs, and estimate how much additional funding support will be needed for cities to meet these needs and satisfy their Regional Housing Needs Assessment obligations.
 Identify affordable and homeless housing developments planned within the Gateway Cities, including those in construction and those in the entitlement and pre-development phases. Compare the number of units to be provided and the populations to be served by these units to the housing need report.  Form a Steering Committee of Gateway COG City Managers and others to work with the Gateway Cities COG and the consultants to make the initial recommendations for how a Trust might be formed and explore the initial sources of funding to support this effort.
 Based on dialogue with the Trust Steering Committee, create and support the negotiation of a Joint Powers Agreement for the Trust, develop an Administrative Plan, Governance Structure, and Bylaws for the Trust.
 Prepare a draft strategic plan for the new Trust, for review and acceptance by the Gateway Cities COG Board and final adoption by the new Board of Directors of the Trust when that Board is in place.
 Develop an operational plan for the first full year of operations of the Trust, proposed as fiscal year July 1, 2023, to June 30th, 2024.  Create a draft capital and administrative budget for the first year of Trust operations.

In late summer 2022, a Trust Steering Committee was formed including representatives from member cities, Los Angeles County, developers, and financing entities. The Trust Steering Committee met on three occasions and accomplished a variety of detailed analysis including, a review of other housing trusts best practices, examined potential funding sources for capital and administrative funding, discussed potential housing programs/projects, identify the key components to the Trust Strategic Plan, and helped draft the Joint Powers Agreement.

The Steering Committee unanimously recommended the formation of an affordable housing trust for the Gateway Cities sub-region. In addition, presentations were made to City Council Meeting
February 28, 2023

the GCCOG Committee on Homelessness, Gateway Cities City Managers and Planning Directors Committee. All groups expressed unanimous support for the formation of a Trust.

TRUST MEMBERSHIP
As outlined in the JPA, the Trust does not build, own, or manage housing projects. The trust cannot require that housing projects be located in specific cities, require member cities to take an allocation of supportive housing units, or require that cities provide a local funding match. The Trust Board of Directors determines whether a funding application meets the Notice of Funding Availability criteria. Each local jurisdiction maintains land use control and processes the entitlement consistent with its zoning and municipal code requirements.

The JPA contains a provision that requires members to contribute towards administrative expenses of Trust. Member cities are not required to contribute funding until July 1, 2024. Prior to this period, the Gateway Cities Council of Governments has secured administrative formation funding for the Trust. The annual membership fees are based upon city population:
 Up to 30,000 = $7,500
 30,001 to 60,000 = $15,000
 60,001 to 100,000 = $32,500 (Compton)
 Greater than 100,000 = $47,500
This amount will increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for Los Angeles-Long Beach-Anaheim area for the 12- month period preceding the year the fees are assessed.

The City would maintain the right to withdraw from the JPA subject to an approved resolution and by providing a six-month notice.

To better understand the Affordable Housing trust how it will help Compton, staff asked a few questions of the trust consultant Civic Home which provided responses. The questions and answered are provided below.

1. What funds and amounts are being targeted by the trust that Compton will be eligible for? We are not entirely certain what the first year funding amount will be but we are targeting $10 million. This would likely be for multi-family rental. If successful, these funds would be awarded in the fall 2023 and available to close in 1st quarter 2024. There may be other funding that is targeted by the new Trust Board once it is set in place.

2. What is the anticipated total grant amount the trust will apply for next year? City Council Meeting
February 28, 2023

So far it is $10 million but that could more depending upon the funding programs and priorities of the Trust Board.

3. Can the trust money be used by Compton to purchase private land for affordable housing?
We do anticipate a Pre-Development Fund being created at some point. That would be used for acquisition, entitlement expenses, etc and be repaid at construction loan closing. That loan will earn a nominal interest rate less than market for similar funds and be used to fund administrative expenses of the Trust.

This Pre-Development fund depends upon the Trust getting funding from State or Federal sources. The biggest challenge for Compton is that state funding has a requirement that can only go to projects located in cities that have a compliant housing element. I would suspect that joining the Trust and including this in the Compton Housing Element helps HCD understand that you are a regional member of the Trust and trying to achieve affordable housing.

4. If the City of Compton approves an affordable project, will the trust will provide funds to build it?
If you are asking whether there is a guarantee of funds for every affordable project that Compton approves, the answer is “no”. If the Trust has funding that matches the affordable project Compton is proposing, then a developer will apply for funding through a NOFA process. Scoring projects through the NOFA process is similar to tax credit scoring and timing for construction start date. So its unclear how many projects will apply and how much funding the Trust has at the time a project is proposed for funding in Compton. If it is any indication of potential funding, the OC Housing Finance Trust obtained $36 million in funding in 3 years and committed funding to 16 affordable housing projects creating 1,100 affordable units.

5. Will a ratio or formula be developed to ensure each member city receives a fair amount of affordable funds each year?
Question 5 addresses this question. However, the NOFA will also have a provision to spread funding in some formula distribution based on geography. For example, perhaps there is a North, South and Central geographic area defined. Each area will get an equal distribution initially. If not applications are submitted in one of those areas then that funding could roll over into another geographic area.

6. How will the process work between the city and the trust to build more affordable units in Compton? Specifically what will the trust do to assist in building more affordable units in Compton, than Compton would otherwise accomplish on its own?
The Trust is a government funding source for projects proposed in Compton. The Trust role is to obtain funding and encourage development to cities and developers by making them aware of the funding. The OC Housing Finance Trust took an extra step of reaching out to real estate brokers to make them aware of the desire to City Council Meeting
February 28, 2023

build affordable housing in the region so that the brokers submit land/project opportunities to developers for purchase consideration. The Trust does not step in the place of the city in terms of entitlement or developer role.

GOVERNANCE
The Trust will be a public government entity established by joint powers authority and in accordance with the Joint Exercise of Powers Act, as codified in California Government Code section 6500 et seq. The Trust will be organized to receive public and private capital and administrative funds to address local housing needs. The Trust will have an ongoing administrative revenue source from city membership fees as specified in the Trust Joint Powers Agreement (JPA) (see Attachment 2) to be signed by each city that is a member of the Trust.

The Trust is governed by a nine-member Board of Directors (Board). Pursuant to the JPA By-Laws (Attachment 3), the Board is comprised of seven elected officials whose governing body is a member of Trust and appointed by the Gateway Cities Council of Governments Board. A Trust member city will be represented on the Board by each population category specified in the Trust Membership fee calculation. Two additional Board members are experts in homelessness or housing policy and approved by the Gateway Cities Council of Governments City Managers Committee.

PAST AND PIPELINE OF AFFORDABLE HOUSING PROJECTS
The Trust will help cities in the Trust subregion address their Regional Housing Needs Assessment (RHNA) which is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan for each city. RHNA quantifies the need for housing within each jurisdiction during specified planning periods.

In the past eight-year planning period, from 2013 through 2021, the GCCOG subregion received tax credit funding for 58 projects totaling nearly 6,000 housing units.

A 2022 survey of GCCOG cities revealed that there are 38 affordable housing projects currently in the pipeline that have not yet started construction. Most of these projects need critical gap subsidy funding to start construction. These 38 pipeline projects would benefit from additional funding provided by the Trust which could accelerate and facilitate the creation of an additional 4,000 affordable housing units in the COG subregion.

FINANCIAL IMPACT
The annual membership fee is based upon city population. For the City of Compton, the annual membership fee would be $32,500. This amount will increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for Los Angeles-Long Beach-Anaheim area for the 12-month period preceding the year the fees are assessed. Membership fees will begin after July 1, 2024.

City Council Meeting
February 28, 2023

CONCLUSION
Joining the Trust would support the City’s Housing Element goals of encouraging more affordable housing, and pursuing local, state, and federal affordable housing funds.

To become a member, the City Council would adopt the attached Resolution authorizing the Mayor to execute the attached Joint Powers Agreement.

RECOMMENDED ACTION
Adopt the attached Resolution approving membership in the Gateway Cities Affordable Housing Trust and authorizing the Mayor to execute the Joint Exercise of Powers Agreement.

ROBERT DELGADILLO

SENIOR PLANNER

COMMUNITY DEVELOPMENT DEPARTMENT
MR. THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ACCEPTING MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE

HOUSING TRUST, A JOINT POWERS AUTHORITY AND AUTHORIZING

THE MAYOR TO EXECUTE THE JOINT EXERCISE OF POWERS

AGREEMENT
WHEREAS, the Gateway Cities Affordable Housing Trust (GCAHT) was formed in 2023 as a joint powers authority between cities throughout the Gateway Cities sub-region; and
WHEREAS, GCAHT was created for the purpose of funding housing specifically assisting persons and families of extremely low, very low, low and moderate income within the County of Los Angeles; and
WHEREAS, the City of Compton (the “City”) has determined through its 6th Cycle Housing Element Update that there is great need for more affordable housing in the City; and
WHEREAS, the City of Compton (the “City”) has determined that there are limited financial resources for affordable housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources; and
WHEREAS, the City of Compton (the “City”) has determined that it is in the public interest and for the public benefit that the City become a member of the GCAHT in order to further facilitate the development of affordable housing in the City and throughout the region, including the financing of projects therefore by the GCAHT; and WHEREAS, the City (the “City Council”) will be joining other cities that are members of the GCAHT in efforts to increase State and Federal resources for affordable housing directed to GCAFT; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document; and
WHEREAS, the GCAHT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of affordable housing; and
WHEREAS, the City anticipates that there will be affordable housing projects in need of financing located in the City of Compton; and
RESOLUTION NO. _____________
PAGE 2
NOW, THEREFORE, the City Council of the City of Compton DOES HEREBY RESOLVE as follows:

SECTION 1. That the City Council hereby authorizes the City’s membership in the Gateway Cities Affordable Housing Trust (GCAHT).

SECTION 2. That the City Council has reviewed and approves the Joint Exercise of Powers Agreement substantially in the form attached (Exhibit 1).

SECTION 4. That the adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, construct or operate any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any Project; (iii) require any contribution or advance any funds whatsoever to the GCAHT other than membership fees for administrative costs; or (iv) except as provided in this Resolution, take any further action with respect to the GCAHT or its membership therein.

SECTION 5. That the Mayor, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

SECTION 6. That the City Clerk shall forward a copy of this Resolution and an originally executed Agreement to the City Attorney office and GCAHT.

SECTION 7. That this resolution shall take effect immediately upon its passage.

APPROVED AND ADOPTED by the City Council of the City of Compton at a regular meeting held on the ________ day of __________ 2023.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
_________________________
RESOLUTION NO. _____________
PAGE 3

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
CITY OF ___________ )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of _________________, 2023.

AYES: COUNCILMEMBERS –
NOES: COUNCILMEMBERS –
ABSTAIN: COUNCILMEMBERS –
ABSENT: COUNCILMEMBERS –
________________________________________

CITY CLERK OF THE CITY OF COMPTON
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JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement”) is made this ______ day of February, 2023 (the “Effective Date”), by and between the following public entities (each a “Party” and, collectively, the “Parties”): _________, ___________, and _________ (collectively, the “Cities”).

RECITALS
A. The Parties have a strong interest in promoting the health, safety, and welfare of the residents within their geographic boundaries.

B. Each Party has the individual power to implement affordable housing projects and programs generated within its jurisdictional boundaries, as well as, to create and issue development agreements for such activities.

C. The Parties find it in their mutual interest to address affordable housing issues on a regional level.

D. An adequate supply of housing throughout the Gateway Cities subregion will provide social and economic benefits to residents and taxpayers of the Parties.

E. The Parties desire to act in the public interest to lessen the burden of government by reducing the need for each Party to act individually, and to provide charitable support for affordable housing in the Gateway Cities subregion of Los Angeles County (the “County”).

F. California Government Code section 6500 et seq. (“Joint Exercise of Powers Act” or “Act”) permits two or more public agencies to create joint powers authorities for the purposes cited herein and permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities.

G. Local land-use decisions remain solely with each Party. Nothing in this Agreement deprives any Party of its sovereign powers with respect to land-use or transfers such powers to the joint powers authority.

NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:

Section 1. Creation and Purpose.
(a) Creation of GCAHT. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “Gateway Cities Affordable Housing Trust.” GCAHT shall be a public entity separate and apart from the Parties and shall administer this Agreement.
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(b) Purpose. This Agreement is made pursuant to the Joint Powers Act for the purpose of creating the GCAHT as a public entity separate from the Parties to: (i) exercise common powers with respect to receiving public and private financing and funds; and (ii) fund the planning and construction of housing of all types and tenures for persons and families of extremely low, very low, low and moderate income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing.

The purpose of this Agreement shall be accomplished, and common powers exercised in the manner set forth in the Agreement. Nothing contained in this Agreement shall preclude the Parties form establishing, maintaining, or providing social programs or services to its residents as it deems proper and necessary.

Section 2. Term and Termination
(a) Term. This Agreement shall become effective, and GCAHT shall come into existence, on the Effective Date, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section. (b) Termination. This Agreement may be terminated by agreement of the Parties. Upon termination of this Agreement, GCAHT shall be dissolved and, after payment of provision for payment of all liabilities, the assets of GCAHT shall be distributed to the Parties in proportion to the contribution of each Party to GCAHT and the amounts paid by each Party in connection with GCAHT’s activities.

Section 3. Powers and Duties of GCAHT.
(a) General Powers. GCAHT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified, or implied, to accomplish the purpose of this Agreement as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the Parties in the exercise of similar powers.
(b) Specific Powers. Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, GCAHT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following:

1. to make and enter into contracts;

2. to contract for staff assistance;

3. to sue and be sued in its own name;

4. to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America, the State of California, Los Angeles County, 3 | P a g e
Party to this Agreement, or any other agency providing funding related to the purposes of this Agreement;

5. to invest any money in the treasury pursuant to Section 6505.5 of the Joint Powers Act that is not required for the immediate necessities of GCAHT, as GCAHT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;

6. to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith;

7. to carry out all the provisions of this Agreement;

8. to purchase obligations of any Party;

9. to engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this Agreement;

10. to employ and compensate legal counsel determined appropriate by GCAHT in accomplishment of the purchase of this Agreement;

11. to contract for engineering, construction, architectural, accounting, environmental, land use, or other services determined necessary or convenient by GCAHT in connection with the accomplishment of the purposes of this Agreement;

12. for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which GCAHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

13. for the purposes of renting space for GCAHT to operate, to lease to, and to lease from, a Party or any other person or entity, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which GCAHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

14. to solicit charitable contributions from private sources;

15. to propose amendments to this Agreement; and

16. to exercise any and all other powers as may be provided for GCAHT in the Joint Powers Act or any other applicable law.
(c) Limitation on Powers. This Agreement does not authorize GCAHT do any of the following:

1. Regulate land use in cities or in the unincorporated area of the County; 4 | P a g e

2. Serve as an owner or operator of housing units;

3. Levy, or advocate or incentivize the levying of, an exaction, including an impact fee, charge, dedication, reservation or tax assessment, as a condition of approval of a development project;

4. Require or incentivize inclusionary zoning requirements;

5. Require the Parties to this Agreement to dedicate or assign funding for any GCAHT obligations or programs;

6. Approve a housing project or program that is not supported by the governing body of the jurisdiction (a city or the county) in which the project is proposed to the sited; or

7. Require the Parties to this Agreement to accept or provide any member of housing units as a prerequisite to joining or remaining a member of the Trust.

Section 4. Members
The members of GCAHT shall be the Parties to this Agreement who have not withdrawn from GCAHT, and such other Parties as may join GCAHT after execution of this Agreement. New members may join on the terms and conditions set forth in Section 10 hereof. Only cities within the County of Los Angeles within the Gateway Cities subregion may be a party to this Agreement and a member of GCAHT.

Section 5. Board of Directors
(a) Selection of Directors. GCAHT shall be governed by a Board of Directors consisting of nine Directors selected as follows:

1. Seven Directors who are members of the Gateway Cities Council of Governments (GCCOG) Governing Board, or any elected official serving within the GCCOG jurisdiction that is also a Party to this Agreement and selected by the Gateway Cities Council of Governments Governing Board (“GCCOG Board”)

2. Two Directors that are experts in homelessness or housing policy and approved by the Gateway Cities Council of Governments City Managers Committee.

3. Alternates for each Director position may be established by their approving entity. (b) Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of GCAHT shall be vested in and exercised by and its property and its affairs by the Board of Directors.
(c) Advisory Board. The Board of Directors may appoint advisory boards that may include such persons as designated by the Board of Directors. The Board of Directors shall adopt bylaws that govern the appointment of advisory boards should it determine in its discretion to appoint such advisory boards.
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(d) Compensation. Members of the Board shall serve without compensation but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as Director; provided such expenses have been previously approved by the Board of Directors and incurred in accordance with any GCAHT policies or procedures governing same.
(e) Term. Members of the Board shall serve for a two-year term. There are no term limits.

The initial Board will serve a term staggered between one-year and two-year terms.

Three of the seven Directors who are members of the GCCOG Board shall have an initial term of one year. One of the two Directors that are experts in homelessness or housing policy shall have an initial term of one year. The initial one-year terms will be determined through the drawing of lots.
(f) Meetings of the Board of Directors.

1. Call, Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq.

2. Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates and times as the Board may fix by resolution from time to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then such regular meeting shall be held on the next succeeding business day at the same hour. No notice of any regular meeting of the Board of Directors need be given to the individual Directors.

3. Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. Notices of all special meetings shall be provided to all Parties.

4. Quorum. A majority of the seated members of the Board of Directors shall constitute a quorum at any meeting of the Board except that less than a quorum may adjourn a meeting to another time and place. Every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

5. Minutes. The Board of Directors shall keep minutes of all regular, adjourned regular, and special meetings, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Parties.

6. Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each fiscal year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors 6 | P a g e
held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The chairperson, or the chairperson’s absence, the vice chairperson, shall preside at and conduct all Board of Director’s meetings.

7. Rules and Regulations. The Board of Directors may adopt, from time to time, by resolution, such rules, regulations, and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.

Section 6. Additional Officers and Employees
(a) Officers and Contract Staff

1. GCAHT may contract with a Party to this Agreement, the GCCOG, for officers and staff pursuant to Section 6(d), or retain independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of GCAHT’s powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in GCAHT’s budget and are appropriated by GCAHT therefor.

2. None of the officers, agents, or staff, in any, directly contracted by GCAHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by the Parties.
(b) Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or employee of GCAHT, or an officer or employee of a public agency that is a Party to this Agreement, or a certified public accountant to hold the offices of treasurer and auditor for GCAHT. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for GCAHT required by Sections 6505, 6505.5 and 6505.6 of the Government Code, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of GCAHT. The treasurer and auditor shall assure that there shall be strict accountability of all funds and reporting all receipts and disbursements of GCAHT. The treasurer and auditor of GCAHT shall be required to file and official bond with the Board of Directors in an amount, which shall be established by the Board. Should the existing bond or bonds or any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of GCAHT.
(c) Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to GCAHT who shall perform such duties as may be prescribed by the Board. 7 | P a g e
(d) Administrative Services and Reimbursement of Costs.

1. The Board of Directors may contract with a Party to this Agreement to provide necessary administrative services to GCAHT, including the services described in Section 6(a), (b) and (c). The amount charged by the Party to provide such services to GCAHT shall be fixed by agreement between the Board of Directors and the governing board of the Party providing such services. In the absence of an agreement on costs, the Party providing services to GCAHT under this Section 6 may charge GCAHT the amounts necessary to recover the direct and indirect costs of such services.

2. If GCAHT contracts with a Party to this Agreement to provide GCAHT with administrative services through persons who are employees and officers of the Party, then any retirement liabilities associated with that Party’s employees and officers shall not constitute a liability of GCAHT or any other Party to this Agreement. This Section 6(d)(2) shall not preclude a Party providing administrative services to GCAHT pursuant to a contract with GCAHT from accounting for such salary and benefit costs when negotiating the rates that the Party will charge GCAHT for providing such services.

Section 7. Financial Provisions
(a) Fiscal Year. The Fiscal Year of GCAHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of GCAHT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June.
(b) Budget.

1. General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of all the Directors. The budget shall distinguish between administrative costs (i.e., the cost of operating GCAHT) and Program costs (i.e., the financing of the programs funded or sponsored by GCAHT). Thereafter, at or prior to the last meeting of the Board of Directors for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of all Directors of the Board.

2. Expenditures for the Approved Budget. The payment of all GCAHT obligations is limited to the amount of appropriations allowed in GCAHT’s approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors.
(c) Contributions by the Parties.

1. Administrative Cost Contributions. The GCCOG shall be responsible for GCAHT’s administrative costs until June 30, 2024. After this initial period, and in consideration of 8 | P a g e
the mutual promises contained herein, the Parties agree that they shall make annual contributions towards the budgeted administrative costs of GCAHT in accordance with a cost allocation formula as outlined below:

POPULATION ANNUAL ADMINISTRATIVE FEE
Up to 30,000 $7,500
30,001 – 60,000 $15,000
60,001 – 100,000 $32,500
>100,000 $47,500
The Administrative Fee shall be assessed annually. After the first fiscal year, the Fees shall increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for all urban consumers in the Los Angeles-Long Beach-Anaheim area for the 12-month period preceding the year the Fees are assessed. Payment of the Fees shall be due within 30 days of receipt of an invoice from the GCAHT. The invoice shall indicate how the Fees were calculated. A Party's contribution to GCAHT's administrative costs shall be in the form of money, unless the Board of Directors approves another form of contribution such as services, personal property or use of real or personal property, or other in-kind contributions. The acceptance and valuation of any such non-monetary contributions may be used to offset in whole or part a Party’s contribution as determined in the sole and absolute discretion of the Board of Directors.

Notwithstanding the above, after the first fiscal year the Board of Directors may establish Fees in an amount the Board of Directors deems financially prudent; provided it shall roughly be proportional as to each Party in the amounts reflected in the table above.

2. Program Cost Contribution. The particular programs and program budget, funded, sponsored or operated by GCAHT, as well as the level of, and mechanisms for, the involvement of GCAHT and each Party, in such programs and program budget, shall be determined and approved by the Board of Directors.
(d) Accounts and Reports.

1. Books and Records. There shall be strict accountability of all GCAHT funds and accounts and report of all GCAHT receipts and disbursements. Without limiting the generality of the foregoing, GCAHT shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of GCAHT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives.

2. Annual Audit. The person appointed by the Board of Directors to perform the auditor function for GCAHT shall cause an annual independent audit of the accounts and 9 | P a g e
records of GCAHT and records to be made by a certified public accountant or firm of certified public accountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public.

3. Annual Financial Report. Pursuant to section 6539.5 of the Government Code, GCAHT shall publish an Annual Financial Report that shall describe the funds received by GCAHT and the use of such funds by GCAHT. The Annual Financial Report shall describe how the funds received by GCAHT have furthered the purposed of GCAHT. (e) Funds. Subject to the applicable provisions of any instrument or agreement which GCAHT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse GCAHT funds, the person appointed by the Board of Directors to perform the treasurer function for GCAHT shall receive, have the custody of and disburse GCAHT funds as nearly as possible in accordance with generally accepted accounting principles, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.

Section 8. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified except by a vote of two-thirds of all the Parties through formal action approving such an amendment by the Parties’ respective governing bodies.
(b) No addition to, or alteration of, the terms of this Agreement, whether by written or oral understanding of the parties, their officers, employees or agents, shall be valid or effective unless made in the form of a written amendment which is formally adopted and executed by the Parties in the same manner as this Agreement.

Section 9. Non-Liability for Obligations of GCAHT.
(a) The debts, liabilities, and obligations of GCAHT shall not be the debts, liabilities and obligations of any of the Parties or personal debts, liabilities and obligations or the Directors, officers or employees of GCAHT; provided that a Party may, by an agreement separate from this Agreement, contract for, or assume responsibility for, specific debts, liabilities, or obligations of GCAHT.

1. Indemnification. The GCAHT shall defend, indemnify and hold harmless each Party, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature (collectively, “Claims”) brought by a third party which arises out of or in connection with GCAHT’s administration of this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of GCAHT. The GCAHT’s duty to defend and indemnify under this Section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part. The GCAHT shall finance its obligation 10 | P a g e
pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event the GCAHT’s financial obligations to indemnify, defend and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the GCAHT (hereinafter “Unfunded Liability”), a Party or Parties may meet and confer with GCAHT in good faith to negotiate alternative means or mechanisms by which GCAHT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit or waive GCAHT’s obligations of indemnity or defense to each Party as first set forth above in this Section. Nothing herein shall obligate any Party to indemnify or hold harmless GCAHT for any Unfunded Liability.

2. Assignment. Each Party shall assign to the GCAHT its rights, title, and interest to recover damages from any third party for Claims arising out of this Agreement, to the extent that the GCAHT has met its obligations to defend and indemnify such Party pursuant to this Section.

3. Survival. GCAHT’s duty to defend, indemnify and hold harmless shall survive and continue in full force and effect after withdrawal of any Party from this Agreement, including as to the withdrawing Party, or termination of this Agreement for any reason with respect to any Claims that occurred before the date of such withdrawal or termination.

Section 10. Admission and Withdrawal of Parties.
(a) Admission of New Parties. It is recognized that additional Parties other than the original Parties, may wish to join GCAHT. Any city within the Gateway Cities subregion may become a Party to GCAHT upon such terms and conditions as established by the Board of Directors.

As a condition precedent to becoming a Party more than six months after the Effective Date, an eligible entity may thereafter become a Party to this Agreement; provided that (1) this Agreement is adopted by its governing body and (2) the eligible entity pays a late joining fee. The late joining fee shall be calculated by totaling the annual fee the eligible entity would have paid under this Agreement had it been a Party in all years prior and up until the Effective Date. Notwithstanding the foregoing, an eligible entity’s late joining fee shall not exceed two times the amount of the applicable annual administrative fee existing at the time it becomes a Party. Payment shall be due within 30 days of receipt of an invoice from GCAHT.
(b) Withdrawal from GCAHT. Parties may withdraw from GCAHT at any time upon their governing board’s adoption of a resolution that so states the Party’s intent to leave GCAHT.

The withdrawal of any Party, either voluntarily or involuntarily, unless otherwise provided by the Board of Directors, shall be conditioned as follows:
11 | P a g e

1. In the case of a voluntary withdrawal, written notice shall be given to GCAHT six months prior to the effective date of withdrawal; and

2. Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of that Party’s rights and claims relating to distribution of property and funds upon termination of GCAHT as set forth in Section 2 above.

Withdrawn members shall not be entitled to any reimbursement of Administrative Fees.

Section 11. Notices.
(a) Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the persons and entities listed herein at the following addresses, or to such other address as may be designated to GCAHT on the Parties signature page for formal notice:

Section 12. Miscellaneous.
(a) Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent of the provisions or language of this Agreement. (b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement.
(c) Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California.
(d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual it shall be deemed severable, and the reminder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the Agreement the Parties intended to enter into in the first instance. (e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No Party may assign any right or obligation hereunder without the written consent of a majority of the other Parties.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their duly authorized officers as follows:
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City of Compton
______________________________
BY: Emma Sharif
Mayor City of Compton
Dated: ___________________________
ATTEST:
___________________________________________
Vernell McDaniel, City Clerk Date
NOTICE TO CITY TO BE GIVEN TO:

City Manager
City Attorney
City of Compton
205 S Willowbrook Ave.
310-605-5585
APPROVED AS TO FORM:

By: __________________________________________
Eric Perrodin, City Attorney Date
Gateway Cities
Affordable Housing Trust
Bylaws
Approved by the
Gateway Cities Affordable Housing Trust Board of Directors On ___________, 2023
Table of Contents
Part 1 – Introduction to the Gateway Cities Affordable Housing Trust..................................1 Establishment............................................................................................................................1 GCAHT Guiding Vision and Mission .....................................................................................1 GCAHT Guiding Principles.....................................................................................................1 Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust...........................................2 ARTICLE I - Name ..................................................................................................................2 ARTICLE II – Board of Directors..........................................................................................2 Section A: GCAHT Board of Directors ...............................................................................2 Section B: Selection of Advisory Board Members.............................................................3 Section C: Terms and Vacancies ..........................................................................................3 ARTICLE III – Duties of Officers and Board Members.......................................................3 Section A: Duties of the Board of Director Members: .......................................................3 Section B: Formation of Subcommittees ............................................................................3 ARTICLE IV – Meetings.........................................................................................................4 Section A: Regular Meetings ................................................................................................4 Section B: Special Meetings ..................................................................................................4 Section C: Voting on Project Funding ................................................................................4 Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures ..............4 Section E: Minutes................................................................................................................4 Section F: Meeting Procedure ..............................................................................................4 Section G: Location of Meetings .........................................................................................4 ARTICLE V – GCAHT Board Code of Conduct ..................................................................5 Section A: Compliance with Policies....................................................................................5 Section B: Conflicts of Interest............................................................................................5 Section C: Confidentiality....................................................................................................5 Section D: Gifts or Honoraria .............................................................................................6 Section E: Harassment .........................................................................................................6 Section F: Laws and Regulations ........................................................................................6 1 | P a g e
Part 1 – Introduction to the Gateway Cities Affordable Housing Trust
Establishment
On January 4, 2023, the Gateway Cities Council of Governments approved the formation of the Gateway Cities Affordable Housing Trust (“GCAHT” or “Trust’). The Trust is a joint powers agency, which may do any of the following: (1) fund the planning and construction of affordable housing of all types and tenures for persons and families of extremely low, very low, low, and moderate income as defined in Section 50093 of the Health and Safety Code; (2) receive public and private financing and funds; and (3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the Trust.

The Trust may consist of any of the cities within the Gateway Cities Council of Governments, which is a joint powers agency representing a subregion of Los Angeles County.

The GCAHT was established on ______________, by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of ____________, ________________, __________________ (collectively, the “Cities”). These Bylaws were adopted by GCAHT’s Board of Directors and provide for the organization and administration of GCAHT. These Bylaws supplement the Agreement.

GCAHT Guiding Vision and Mission
A Steering Committee consisting of staff from various cities within the boundaries of the Trust along with individuals representing Los Angeles County, affordable financing, and affordable developers met on three separate occasions to discuss and recommend various governance, policy, and a guiding vision and mission as follows:

The vision of the Gateway Cities Affordable Housing Trust is to secure funding for the region that will increase the production of affordable housing and provide safe and quality homes for lower and moderate-income individuals and families.

The mission of the Gateway Cities Affordable Housing Trust is to finance the development of affordable housing in the region and thereby increase the supply of housing to lower and moderate-income individuals and families.

GCAHT Guiding Principles
The guiding principles of the GCAHT:

1. Implement the findings and declarations of the Agreement.

2. Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder.
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3. Retain local control and the ability for local governments to use GCAHT funding for housing solutions when needed, or to participate within the region as a whole.

4. Demonstrate accountability and transparency for members of the Agreement and the public.

5. Promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, and to efficiently accelerate housing for moderate, low, very low and extremely low-income individuals and families.

6. Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals.

7. Commit to innovation and best practices in financing, production, and service delivery in supportive housing.

8. Serve the region’s needs geographically by (1) extremely low, very low, low, and moderate income, and supportive housing types and (2) by population.

9. Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.

10. Provide access to funding to ensure that the Gateway Cities subregion receives the maximum benefit for the resources provided.

11. Incorporate County’s Coordinated Entry System in conjunction with the cities’ locally driven protocols to ensure that the developed housing resources has appropriately targeted and prioritized eligible homeless populations for each project.

Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust ARTICLE I - Name
The name of this entity shall be the “Gateway Cities Affordable Housing Trust” or “GCAHT” in these Bylaws.

ARTICLE II – Board of Directors
Section A: GCAHT Board of Directors

1. All members of the Board of Directors must be from a member city that is a party to the Agreement and shall be appointed as set forth in the Agreement. 3 | P a g e

2. Each of the nine (9) voting members of the Board of Directors of GCAHT shall be entitled to one (1) vote on the Board.

Section B: Selection of Advisory Board Members
An Advisory Board may be appointed by the Trust Board consisting of various government staff, persons with housing development, housing services, finance, and development expertise.

All Advisory Board members are entitled to attend all GCAHT regular and special meetings and to fully participate in such meetings but shall not constitute voting members of the Board.

Advisory Board members need not be elected officials.

Section C: Terms and Vacancies

1. Board of Directors: As set forth in the Agreement, terms of office for members of the Board of Directors shall be for two (2) years. A Board of Director’s seat shall be deemed vacant if he or she leaves elected office, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years. An Advisory Board member’s seat shall be deemed vacant if that member fails to attend three consecutive regular or special meetings. Upon a vacancy, the Trust Board shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

ARTICLE III – Duties of Officers and Board Members
Section A: Duties of the Board of Director Members:

1. Meet when called by the Chair to plan and coordinate the business and proposed activities of GCAHT;

2. Review and consider applications for project funding;

3. Review and consider GCAHT’s financial information, including the Annual Financial Report, any related independent audit, and the GCAHT’s annual budget; and

4. Serve on subcommittees or task forces when appropriate.

Section B: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of 4 | P a g e
GCAHT.

ARTICLE IV – Meetings
Section A: Regular Meetings
Regular meetings of GCAHT’s Board shall be held once every two (2) months, unless otherwise called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas and handle noticing requirements.

Section B: Special Meetings
Special meetings of GCAHT may be held at any time upon call of the Chair, provided that the special meetings’ noticing, and agenda complies with the Ralph M. Brown Act.

Section C: Voting on Project Funding
As set forth in the Agreement, every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

However, the Board should strive to attain a unanimous decision on all projects which receive funding from GCAHT.

Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures

1. Amendments to GCAHT’s Bylaws, Principles or Procedures shall be considered at a regular meeting and shall comply with the Ralph M. Brown Act.

2. An amendment to these Bylaws must be approved by a majority vote of the Board of Directors.

Section E: Minutes
The Clerk of the Board shall take minutes for GCAHT. A previous meeting’s minutes shall be considered and approved at a subsequent meeting by a majority vote of the Board of Directors.

Section F: Meeting Procedure
The conduct of meetings shall be guided by Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws.

Section G: Location of Meetings
The Board must meet in publicly accessible places typical for hosting public meetings, such as 5 | P a g e
Council Chambers or city community rooms.

ARTICLE V – GCAHT Board Code of Conduct
This GCAHT Board Code of Conduct represents GCAHT’s commitment to high standards of ethics, public service, collegiality, and transparency. The following standards should be regarded as minimum expectations for conduct. GCAHT Board Members will act in accordance with and maintain the highest standards of professional integrity, impartiality, diligence, creativity, and productivity. GCAHT will act in accordance with applicable federal, state, and local laws and regulations.

Section A: Compliance with Policies
Members of the Board of Directors and Advisory Board will conduct the GCAHT business in accordance with the Agreement, these Bylaws, and all adopted policies, including conflict of interest policies.

Section B: Conflicts of Interest

1. The Board of Directors may not have a conflict of interest as determined by the California Political Reform Act (the “Act”), inclusive of the Levine Act, California Government Code section 81000, et. seq., and the regulations promulgated to effectuate the Act. Nor shall the Board of Directors have a conflict of interest under California Government Code section 1090.

2. Members of the Board of Directors are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated on the GCAHT Conflict of Interest Code.

Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of confidentiality regarding information obtained directly or indirectly through their involvement with the GCAHT. This includes but is not limited to information about applications for funding, GCAHT members and their organizations and funded agencies. Members must also avoid inadvertent disclosure of confidential information through casual public discussion, which may be overheard or misinterpreted. Notwithstanding the foregoing, the GCAHT recognizes that excepting such confidential information which must be carefully preserved, the conduct of its business shall be open and transparent in accordance with the Ralph M. Brown Act and the California Public Records Act.
6 | P a g e
Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts, gratuities, excessive favors, or personal rewards intended to influence GCAHT decisions or activities.

Section E: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in disciplinary measures up to and including removal from GCAHT Board.

Section F: Laws and Regulations
GCAHT business will be conducted in a manner that reflects the highest standards and in accordance with all applicable federal, state, and local laws and regulations.

AFFORDABLE HOUSING TRUST

GATEWAY
CITIES

AFFORDABLE

HOUSING IN THE
PAST 8 YEARS

GATEWAY
CITIES

PIPELINE

PROJECTS
CITY TOTAL UNITS % UNITS # PROJECTS
Norwalk, CA     1,120 28.43% 2
Commerce 952 24.16% 3
Montebello 320 8.12% 5
Whittier  300 7.61% 1
Long Beach 240 6.09% 4
Pico Rivera 225 5.71% 1
South Gate 125 3.17% 4
Compton 121 3.07% 6
Santa Fe Springs 120 3.05% 2
Lynwood 106 2.69% 1
Downey 100 2.54% 1
Bell Gardens 100 2.54% 1
Paramount 42 1.07% 2
Lakewood 37 0.94% 4
Bellflower 32 0.81% 1
Grand Total 3,940 100.00% 38
WHAT IS A HOUSING TRUST?
Funding source to finance the preservation and production of affordable housing.

Established by state, city, or county gov’ts as a Joint Powers Authority.

Funding sources include local, state and federal money, private donations, etc.

WHAT ARE
THE
BENEFITS?
• The Trust provides gap funding for
development of both affordable and
supportive housing for populations
that already exist within the
community.
• The Trust helps finance development
that contributes towards the Regional
Housing Needs Assessment (RHNA).
•Membership supports the Trust
efforts to bring Federal, State and
County dollars into the region.
• The Trust is a regional collaborative
that works with other entities involved
in affordable and supportive housing
in the region.
• The Trust implements the deployment
of funds and compliance
requirements of funds thus reducing
staff workload.

TRUST STUDY PROCESS
Complete Best
Practices
Summary
Housing Needs
Assessment
Identify and
Compare
Proposed
Developments
Formation of
Trust Steering
Committee
Organizational
Framework
(Board
Composition,
Bylaws & JPA)
Funding Strategy Strategic Plan Fundraising
Strategy
Program
Recommendatio
ns

TRUST CAPITAL FUNDING SOURCES
“WHAT ARE THE

KEY COMPONENTS

OF THE PROPOSED
JPA?”

COMMITTEE
REVIEW
• Trust Steering Committee consisting of
Lakewood, Maywood, Whittier, Norwalk,
Long Beach City Managers, COG Board
President, LA County Homeless Initiative
leadership, developers, and financing
entities. Reviewed in detail the policy
choices for Trust formation.
• COG Homelessness Technical Advisory
Committee
• COG Committee on Homelessness
• Gateway Cities City Managers
• City Managers Steering Committee
• Planning Directors Committee
• Attendees at each of these meetings
expressed unanimous support for the formation
of a Trust.

TRUST TIMELINE
Jan 4th - GCCOG Board approved formation of the Trust
Jan-Mar - City Council Meetings to join the Trust
Mar - Trust Board of Director applications
Apr 5th - GCCOG Board Mtg - appoint Trust Directors
May Gateway Cities Affordable Housing Trust – Board
Mtg

COL-LAB-O-RA-TION
/KƏˌLABƏˈRĀSH(Ə)N/
“The process of two or more entities working together to complete a task or achieve a goal.”

CONTACT

INFORMATION
Melani Smith
Director of Regional
Development
Gateway Cities Council of
Governments
[email protected]
213.479.0719
www.gatewaycog.org
Affordable Housing
Trust
March 14, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER FOR PAYMENT OF THE CITY’S 2023 MEMBERSHIP
DUES TO LEAGUE OF CALIFORNIA CITIES ($26,354)

SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order for the City’s 2023 annual membership dues to the League of California Cities in the amount of Twenty-six Thousand Three-Hundred Fifty-four Dollars ($26,354)

BACKGROUND
This organization provides educational resources to the City on issues facing local governments and provides networking opportunities with other City officials.

STATEMENT OF THE ISSUE
The City’s membership dues must be paid in order for the City to remain in good standing and for City officials to attend conferences, workshops and utilize online resources. A purchase order needs to be issued for the League of California Cities in the amount of $26,354.

FINANCIAL IMPACT
Funds for Memberships and Publications in Account No. 1001-510-000-4219 have been appropriated in the Fiscal Year 2022-2023 Approved Budget, which will cover the membership dues of $26,354.

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.

THOMAS THOMAS

CITY MANAGER

6. RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR
PAYMENT OF THE CITY’S 2023 MEMBERSHIP DUES TO LEAGUE OF CALIFORNIA CITIES ($26,354)
WHEREAS, the City of Compton has annually renewed membership dues for the League of California Cities; and
WHEREAS, membership in this organization provides educational resources to the City on issues facing local governments and networking opportunities for City officials; and
WHEREAS, annual membership dues must be paid for the City to remain in good standing and for City officials to attend conferences, workshops and utilize online resources; and
WHEREAS, funds for this expenditure in the amount of Twenty-six Thousand Three-Hundred Fifty-four Dollars ($26,354) are located in the Fiscal Year 2022-2023 approved budget in Account No. 1001-510-000-4219 for Memberships and Publications; and
WHEREAS, City Council approval is needed in order for the City Manager to issue a purchase order on behalf of the City.

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

SECTION 1. That the City Manager is hereby authorized to issue a purchase order totaling Twenty-six Thousand Three-Hundred Fifty-four Dollars ($26,354) to pay annual City’s membership dues to the League of California Cities.

SECTION 2. That funds for membership dues are available in the Fiscal Year 2022-2023 Budget in Account No. 1001-510-000-4219 in the amount of Twenty-six Thousand Three-Hundred Fifty-four Dollars ($26,354).

SECTION 3. That a copy of this Resolution shall be forwarded to the offices of the City Clerk, City Manager, City Attorney and the City Controller.

SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this _________ day of ______________, 2023.
________________________________

MAYOR OF THE CITY OF COMPTON
RESOLUTION NO. _________________
PAGE 2
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ________ day of ______________, 2023.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ___________________________________

CITY CLERK OF THE CITY OF COMPTON

March 14, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: PUBLIC WORKS-STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,674, AMENDING THE 2022-2023

FISCAL YEAR BUDGET TO TRANSFER FUNDS, AND AUTHORIZE THE REISSUANCE OF PURCHASE ORDERS TO EVTS INC. FOR ELECTRIC PARKING VEHICLES AND CHARGEPOINT, INC. FOR CHARGING
STATIONS AND ANCILLARY INFRASTRUCTURE ($651,950)

SUMMARY
Adoption of this resolution will rescind Resolution No. 25,674 adopted by the City Council on June 7, 2022, amend the 2022-2023 Fiscal Year budget of the Public Works – Street Maintenance Department to transfer funds and increase expenditures in the amount of Six Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($651,950.00), and authorize the City Manager and re-issue purchase orders to evTS, Inc. (evTS) to purchase ten (10) electric parking vehicles in an amount not to exceed Five Hundred Thousand Dollars ($500,000) and to ChargePoint, Inc. for ten (10) charging stations and infrastructure improvements required to power the electric vehicles in an amount not to exceed One Hundred Fifty-One Thousand Nine Hundred Fifty Dollars ($151,950).

BACKGROUND
Staff identified replacing the Parking Enforcement Division (Parking) of the Community Improvement Department, gas-powered vehicles with electric-powered vehicles utilizing Southern California Air Quality Management District funding dedicated for alternative fuel vehicles.

During the June 7, 2022, City Council meeting, City Council authorized the purchase of ten (10) electric vehicles from evTS, Inc. and the installation of ten (10) charging stations from Chargepoint, Inc. under Resolution No. 25,647 for a total amount of Six Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($651,950).

STATEMENT OF THE ISSUE
Staff encumbered the money for the electric vehicles, but did not encumber the money for the charging stations returning the funding back to the Equipment Rental Fund Balance. At the request of the City Council, staff applied for funding from the Southern California Edison charging station program in lieu of expending City Funds, however, the City’s application was not approved. Therefore, staff is now requesting that the funding

7. Staff Report – Rescinding Resolution 25,674, Amending 2022-2023 FY Budget, and Authorizing P.O.s to evTS, Inc. & ChargePoint, Inc. for Electric Vehicles and Charging Station Infrastructure
March 14, 2023, Page 2 of 2
that was allocated for the charging stations under Resolution No. 25,674 be added to the Public Works – Street Maintenance Fiscal Year 2022 – 2023 budget to procure the vehicles and charging stations and installation.

Upon approval from the City Council a purchase order will be issued to ChargePoint, Inc. for the purchase and installation of ten charging stations in an amount not to exceed One Hundred and Fifty-One Thousand and Nine Hundred and Fifty Dollars ($151,950). As the electric vehicles were also a part of Resolution No. 25,674, the purchase order needs to be canceled and a new purchase order issued to evTS, Inc. in an amount not to exceed Five Hundred Thousand Dollars ($500,000) under the current resolution to abide with the City’s policies and procedures. The electric vehicles have been ordered and are expected to be delivered in April.

FISCAL IMPACT
Funds are available in the Equipment Rental Fund Balance and the Fiscal Year 2022- 2023 budget will need to be amended as follows:

Increase Expenditure Account Description Amount
6000-720-000-4333 Equipment Rental – Automotive Equipment $651,950

The purchase orders will be allocated to the respective vendors as follows:

Vendor Vehicles/Equipment Quantity Amount
EVTS, Inc Firefly ESV Electric Vehicles 10 $500,000
ChargePoint, Inc. Charging Stations & Installation 10 $151,950 Total $651,950

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.

DAMION TIMMONS, STREET SUPERINTENDENT

PUBLIC WORKS-STREET MAINTENANCE DEPARTMENT
APPROVED FOR FORWARDING:

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,674 AND AMENDING THE 2022-2023

FISCAL YEAR BUDGET TO TRANSFER FUNDS AND AUTHORIZE THE
REISSUANCE OF PURCHASE ORDERS TO EVTS INC. FOR ELECTRIC PARKING VEHICLES AND CHARGEPOINT, INC. FOR CHARGING
STATIONS AND ANCILLARY INFRASTRUCTURE ($651,950)
WHEREAS, City staff, under the direction of management, was tasked with investigating ways in which the City could reduce its carbon footprint by incorporating alternative fuel (electric, hybrid, natural gas, etc.) vehicles into the new fleet ; and WHEREAS, integrating these vehicles will reduce vehicle emissions that gaspowered vehicles have been identified as having an impact on environmental pollution; and
WHEREAS, the SCAQMD has collected Six Hundred Fifty-One Thousand Nine Hundred-Fifty Dollars ($651,950.00) on behalf of the City to be used for such programs as acquiring alternative fuel vehicles and charging stations; and WHEREAS, the City of Compton wishes to utilize the funding collected by the South Coast Air Quality Management District to convert the vehicles used by the Parking Enforcement Division of the Community Improvement Department from gasbased vehicles to electric-based vehicles; and WHEREAS, the City of Compton wishes to utilize Chargepoint Inc. totaling $138,136.00 for the installation of ten (10) charging stations and supporting electrical service and staff has included a ten percent (10%) contingency of $13,814.00 for a total of $151,950.00; and
WHEREAS, the Metropolitan Area Planning Council (MAPC) went through a formal Request For Proposal process to solicit vendors to provide Electric and Hydrogen Powered Public Service Vehicles, Light-Duty Trucks, Paratransit Vehicles, Passenger Shuttles, Public Works Construction Equipment and Related Factory Options under RFP No. GBPC 2020 on behalf of the Greater Boston Police Council, Inc. (GBPC); and
WHEREAS, the MAPC contract allows members of the GBPC the opportunity to purchase vehicles at the same cost as the GBPC and the City of Compton is a member of the GBPC in good standing; and
WHEREAS, these vehicles will also be outfitted with the appropriate equipment (light bars, tow hitches, City Logo and Department decals, etc.) to allow staff to use the vehicles in their daily duties as soon as they are delivered; and WHEREAS, the electric vehicles require charging stations to properly operate, staff utilized its membership in Sourcewell, formerly National Joint Powers Association, to solicit a proposal from ChargePoint, Inc. for the purchase and installation; and WHEREAS, Resolution No. 25,674 was previously adopted on June 7, 2022. Per the City Council’s direction, Management pursued funding through the Southern California Edison Program in lieu of expending City funds, however the grant was denied; and
WHEREAS, after the resolution was passed, funds were not encumbered by the end of Fiscal Year 2021-2022 while waiting on Southern California Edison’s decision, therefore, the item is being brought back before council to approve the utilization of funds during the current 2022-2023 Fiscal Year budget.

Resolution No. __________

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:

Section 1. That Resolution No. 25,674, adopted by the City Council on June 7, 2022, is hereby rescinded.

Section 2. That the purchase order in the amount of $500,000, authorized pursuant to Resolution No. 25,441, for issuance to evTS, Inc. for the purchase of ten (10) Firefly ESV electric vehicles is hereby cancelled.

Section 3. That the quotes from EVTS, Inc. and ChargePoint, Inc. are hereby re-accepted.

Section 4. That funds for this expenditure are available in the Equipment Rental Fund Balance and the Fiscal Year 2022-2023 budget shall be amended as follows:

Increase Expenditure Account Description Amount
6000-720-000-4333 Equipment Rental – Automotive Equipment $651,950.00 Section 5. That the City Manager is hereby authorized to issue purchase orders and all necessary documentation to evTS, Inc. for the purchase of ten (10) Firefly ESV vehicles in the amount not to exceed of $500,000.00,
Section 6. That the City Manager is hereby authorized to to ChargePoint, Inc. for the purchase and installation of ten (10) vehicle charging stations and ancillary support equipment in the amount not to exceed $151,950.00.

Section 7. That the project cost for both vendors will be $651,950.00.

Section 8. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, Public Works Street Departments.

Section 9. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this __________ day of ________________, 2023.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at the regular meeting thereof held on the ___________ day of _________________, 2023.

Resolution No. __________

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON
Help the Environment and Your Budget
Zero-emission FireFly ESV vehicles reduce greenhouse gas pollution and related issues
Demonstrated maintenance and fuel cost savings exceeding 50% vs other ESV’s
Customizable
Right, left or center drive with single or tandem seating Application specific accessory beds including hydraulic lift dump, food and package delivery, ALPR and EMS options
Enclosed all-weather cab with bio-diesel heater and
A/C options
Longer Range
Industry leading 100+ mile range per charge with
performance speeds exceeding 50 mph
State of the Art Battery Technology
Lithium Iron Phosphate batteries improve energy efficiency and reliability with up to 10 years useful life
Vehicle Connectivity via Advanced Telematics
evTSConnect provides real time access to vehicle data,
remote diagnostics, alerts and reports
Optional Fleet Management with GPS tracking,
integrated messaging, WiFi connectivity and remote
vehicle control capabilites
Transportation as a Service EV Rental Program SM
All-inclusive Rental Program including Vehicle, Batteries, Repairs & Maintenance, Fleet Tracking, Data Management
& Reporting Solution, Charging Station and Electricity.

The 100% Electric FireFly ESV® Has Arrived.

The FireFly ESV is an Essential Services Vehicle specifically designed for urban e-mobility applications including parking management, security and perimeter patrol, parks and sidewalk maintenance, utility meter reading, property and building management, airports, seaports, sanitation, university and corporate campuses, and last mile on-demand urban delivery. www.evTS.com
MOTOR
63 HP (47 KW) AC Induction STD

BATTERY PACK
102.4V (nominal) 20.5 kWh Lithium Iron Phosphate STD

TRANSMISSION
Computer-controlled Integrated Drive System™ (IDS) STD

SPEED & RANGE
Electronically governed at 50 mph STD
90+ miles per charge (under normal operation) STD

ELECTRICAL SYSTEM
On-board 80-240 VAC, SAE J1772 Level 2 STD
Less than 6 hr charge time under normal use
Halogen headlights and LED stop, tail, and turn STD
Parking Brake ”Auto-park” feature STD
Automatic Hill Assist feature - minimizes rollback on steep grades STD Gauge pod display of operational information and on-board STD Digital Acquisition System™ (DAS) parameters
Dual Mode Display STD
Provides estimated miles remaining
in addition to battery charge level
Electronic Controlled Drive STD
Variable-rate electronic drive system
to optimize speed and range
Stability Control System STD
3-axis accelerometer and other sensors utilized
to limit speed for maximum stability
Data Acquisition System™ (DAS) STD
Data logging to track day-to-day operations of the vehicle Fully Connected Vehicle Fleet Management System STD
Remote DAS data access (live), diagnostics,
and vehicle data access

BRAKING
Tuned, dual circuit master cylinder and disc brakes STD Electric Parking Brake (EPB) STD

SUSPENSION & STEERING
DuraSteer™ front suspension with coilover shocks STD
Proprietary load distributing with anti-dive control
Heavy-duty rear leaf springs with coilover shocks STD
TIRES
175/65-14 all-season radials STD
*snow and ice rated where appropriate

CLIMATE CONTROL
Heating – Electronic, 3 KW heater/defroster STD

2.3KW diesel/biodiesel heater OPT
Air Conditioning – 4000 BTU OPT
SEATS
Single passenger bucket seat STD
Dual buckets available - left or right hand drive OPT
Seat heaters STD
DOORS
DuraGlide™ doors maintain narrow vehicle profile STD
Featuring large diameter cushioned rollers which
self-clean on powdercoated steel tubes and four point,
load-balanced, crosslinked mechanical design for
maximum stability
Extra-wide 28 in (71 cm) door openings STD
Low-sill, horizontal sliding polycarbonate windows STD
STD
STD
STD
STD
STD
STD
STD
STD
STD
OPT
STD
OPT
STD
STD
STD
OPT
OPT
STD
OPT

FEATURES
Integrated safety cage
Textured ABS, UV-protected body panels
Extra-low step-in height of less than 10 in (25 cm)
Maximizes operator comfort and minimize fatigue
Tubular steel front and rear bumpers
High-visibility, tinted, haze/scratch/impact-resistant
polycarbonate windows
Dual outside and inside mirrors
3-Speed intermittent windshield wiper system with washer Tilt-column steering wheel with center horn button
3-Point seat belt system
Full-width shade band on windshield
Dome light and backlit controls for nighttime use
Easily removable and replaceable heavy-duty loor mat
Recessed dashboard with integrated cupholders,
radio openings, and pockets
Pre-wired and integrated speaker mounts for optional
AM/FM/MP3 player
12V DC accessory port for phone, GPS,
or other user accessories
Up to four additional 12V DC accessory ports
Wiring packages and factory installation of equipment
such as LPR
Integrated rails in bed loor to secure cargo and mount
for optional accessories
Deluxe bed with tri-fold, locking, and stowable bed cover STD
STD
OPT

WEIGHT CAPACITY
GVWR – 3500 pounds
Rated Capacity – 1100 pounds (incl. driver)

EXTERIOR DIMENSIONS
Overall cab height 69 in (175 cm)
Overall length 152 in (386 cm)
Overall width 54 in (137 cm)
Ground clearance 6 in (15 cm)
Outside turning radius 122 in (310 cm)
Wheelbase 96 in (244 cm)
Track 44 in (112 cm)
Std Cargo Bed 44 x 51 x 12 in (112 x 130 x 30 cm)
MANUFACTURER’S WARRANTY
36 Month or 24,000 mile bumper-to-bumper vehicle warranty STD

STANDARD

VS OPTIONAL

EQUIPMENT

STANDARD

VS OPTIONAL

EQUIPMENT
2021 FireFly ESV Specifications
Tel: (202) FIREFLY
Tel: (202) 347-3359
ev Transportation Services, Inc www.evTS.com
1309 Beacon Street, Suite 300
Brookline, MA 02446 USA
Copyright © 2021 ev Transportation Services, Inc
All Rights Reserved. REV031921
Project #: 111-112
- 1 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021 Proposal for Special Service Center
- Fleet EV Charging Stations -
Date: February 11, 2021
Submitted to: City of Compton
Location: ATTN: Jimmie Smith
404 Alameda Street Phone #: 310.605.5553
Compton, CA 90221 Email: [email protected]
NJPA #: 0510170-CPI
VVD’s DIR#: 1000025785
Description:

This proposal includes the labor and materials to supply and install ten (10) ChargePoint Fleet CPF50 EV charging stations as described herein.

CHARGING STATION MOUNTING TYPE(S): BOLLARD
TOTAL # OF PARKING FOR EV: TEN (10)
Price Breakdown:

Electrical/Construction, Labor and Material Includes:
• Proposal consists of project management and site planning, engineering and designing for any necessary permit acquisitions.
o Permit acquisitions also include the plan checking, and inspection processes (not including actual plan check fee, permitting and/or inspection fees) as required by the authorities having jurisdiction.
• Southern California Edison coordination and connection point for new service to power new EV charging stations.
• Includes prevailing wages.
• Standard 1-year warranty including parts and labor for any defect in manufacturing or workmanship. • Perform Site Validation survey (SVS) as required by ChargePoint, Inc. prior to activation of stations. SVS fee to ChargePoint, Inc. discounted when using ChargePoint, Inc. Certified Installers. o Standard electrical power consistency evaluation: circuit breaker and electrical panel evaluation. o Cellular network communications test: test for consistency of cellular signal strength. o Charging station evaluation: consistent voltage, amperage, ground, network communication.

Electrical/Construction, Labor and Material $102,895.00 EVCS Station(s) and Service(s) $35,241.00
Total Price: $138,136.00 (tax included, if any)
Project #: 111-112
- 2 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021

ELECTRICAL EQUIPMENT UPGRADE
• Request new SCE service to meet the ten (10) EV Fleet Charging demand. o Approximate 400A new service required to power EV charging stations. • Supply and installation of new metered main distribution panel rated for 400A for EV Charing stations.

Materials and installation to meet NEC, building department requirements, and if enforced, by building department.

CHARGING STATION INSTALLATION
• Installation and commissioning of ten (10) charging stations to meet NEC requirements. • Supply and installation of ten (10) 40A circuit breakers for EVCS overcurrent protection. o Provide and pull new electrical conductors: #8/6 and #10 ground wires from the electrical panel(s) to charging stations.
• Forming and pouring of concrete pad of dimensions per manufacturer’s specifications for charging station structural support.

PARKING MODIFICATIONS
• Supply and installation of ten (10) bollards for EV charging station protection.

RELATED CONSTRUCTION WORK
• Trenching
• Concrete work for EV structural pad and new electrical equipment. • Asphalt work (demolition and repair)
• Rentals included
_____ ______________

INITIALS DATE
Project #: 111-112
- 3 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021 Equipment (CPF50) Unit Price Quantity Total
CPF50-L18-PD-Dual $3,775.00 5 $18,875.00
VVD Discount 20% 5 -$3,775.00
CPGW1 $0.00 2 $0.00
CPF50-CCM $60.00 5 $300.00
Product Services (CPF50)
OM-INSTALL-SITEVALID $599.00 2 $0.00
CPF-ACTIVE $100.00 10 $1,000.00
CPCLD-POWER-5 $879.00 10 $8,790.00
CPF-ASSURE5 $675.00 10 $6,750.00
Tax & S/H: $3,301.00
EVCS Unit(s) & Service(s) Total Price: $35,241.00
EV Charging Station Orders: Includes Charging Hardware & Station Services CPF50 FLEET PRODUCT SOLUTION
Qty Product Description Product Name
5 The CPF50 is a robust, outdoor-rated, dual output, 18 foot cable, 208/240, 32A, L2 charger with a pedestal mount option and access control. It is ideal for dedicated fleet or multi-family charging requiring access control and utilization tracking. It operates only with a Fleet or Multi-Family Cloud Services Plan.

CPF25-L18-PD-Dual
2 The ChargePoint Gateway (US) provides connectivity for CPF25s to ChargePoint’s Cloud via a cell to wifi modem. One gateway can provide connectivity up-to 9 CPF25 ports that are within 150 feet line of sight of the gateway. A gateway must be ordered for a new site, or if the site exceeds more than 9 ports, or if the CPF25 is installed more than 150 feet from the existing gateway.

CPGW1-LTE
5 Five (5) Concrete Mounting Kits for CPF50 pedestal post. CPF50-CCM 2 On-Site Validation of electrical capacity, transformers, panels, breakers, wiring, cellular coverage and that station installation meets all ChargePoint published requirements. Note that a failed Site Validation will incur a second validation fee to repeat the validation after the site deficiencies are corrected. Site is defined as a group of stations all connected to the same electrical panel. Site Validation is not required when installation was performed by a ChargePoint national Operations and Maintenance (O&M) Partner or Channel Partner that has qualified to self-certify.

OM-INSTALL-SITEVALID
10 Initial Station Activation & Configuration Service. Activation of cloud service and configuration of radio groups, custom groups, connections, access control, visibility control, pricing, reports, and alerts. On time initial service per port.

CPF-ACTIVE
10 5 Years of prepaid network services for fleet usage per port. CPCLD-POWER-5 10 5 Years of prepaid CPF50 assure program. Parts and onsite labor warranty per charging port.

CPF-ASSURE5

CHARGING STATIONS BREAKDOWN
For exclusions and clarification to this project, see next page.

Project #: 111-112
- 4 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021 Excludes:

1. Plan check fees (if applicable) permitting fees, and/or any required inspection fees required to conduct the scope of work. Related fees may be paid for by contractor in advance to avoid delay of project, but fees shall be fully reimbursable at passed-through costs plus 12% of total fees paid for processing at the expense of the owner.

2. Architectural, Civil or Structural design/drawings.

3. Engineering/design of electrical plans, or shop drawings or as-builts submittals unless otherwise mentioned.

4. Application/Registration for new utilities or other services.

5. Utility company fees.

6. Any additional (outside the scope of work) circuit breaker installations or upgrades as required per NEC or manufacturer’s specifications.

7. Supply of concrete, or labor costs related forming and pouring concrete related to structural support of electrical equipment, charging stations and/or station protection.

8. Custom framing, bracketing, strut, or other supporting accessories not supplied by manufacturer fabricated to install wall-mounted charging stations on a non-typical structure.

9. GPR scanning and/or concrete X-ray services for penetrations in concrete slabs, or any other related penetrations requiring scanning services.

10. Notification to tenants or any affected parties of construction and/or power shutdown requirements.

11. Payment bonds/performance bonds, apprenticeships.

12. EV parking signage and/or sign post(s).

13. Site modifications such as ramping, and accessibility path of travel, or grading for ADA standards.

14. Striping, stenciling, marking for parking spaces.
_____ ______________

INITIALS DATE
Clarification:

1. No pricing is included for existing conditions/obstructions not evident prohibiting the completion as specified.

2. This proposal is based on work being performed during normal business hours 7am—5pm Monday to Friday, 8-hours days, and/or a mutually agreeable schedule. Overtime and abnormal business hours is not considered.

3. All conduit work is unfinished unless specified otherwise.

4. The proposed estimate is based on a preliminary site assessment and may be subject to adjustments prior to change in design and installation for any reason including city planning/permitting requirements. Planning requirements may be subject to additional equipment and additional charge.

5. Materials testing, compaction testing, etc. is be obtained and paid for by owner unless otherwise mentioned above. All work is assumed not to require compaction testing. The requirement to meet specific compaction requirements will be grounds for a change order for additional work unless said requirements are specifically mentioned.

Project #: 111-112
- 5 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021

6. The proposed estimate is based on the mentioned scope of work being completed from start to finish under one (1) continuously scheduled timeline. Any incomplete items or interruptions causing delays to complete the project due to site not being ready for the entire scope of work will incur a separate re-dispatching charge of $300 each day should this delay cause additional return visits to complete the task.

7. Each personnel scheduled for servicing onsite unable to conduct services due to conditions beyond VVD Voltaic’s control is subject to standby time charges at the applicable rate. _____ ______________

INITIALS DATE
Project #: 111-112
- 6 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021 NOTE1: The cost for this quotation is guaranteed for up to 30 days of the quotation date. We reserve the right to withdraw from this proposal at any time. Any cancellations or terminations to this agreement may be settled upon costs and other related expenses already incurred towards this agreement.

NOTE2: Payment Terms: Upon execution of agreement, we will be invoicing for the total cost of EV charging station orders (if any) and a deposit amount of 15% of the cost of construction/installation (labor and materials, combined) of which payments are due as commencement of the project, or otherwise negotiated. A progress payment shall be invoiceable for 90% (15% from deposit + 75% progress payment) towards the end of construction/installation, prior to final inspections (if any) and activation of charging stations. The remaining balance will be invoiced upon final inspections from all relative authorities having jurisdiction and activation of charging stations. Non-deposit payments, and remaining-balance payment terms are net-thirty (30) days. Any invoice(s) not paid within thirty (30) days from the date of invoice may be subjected to a service charge of two percent (2.0%) per month, or the maximum allowed by law, on the account balance(s).

A purchase order will be immediately sent to the manufacturer for delivery of any charging hardware, but may take 7 to 10 business days to arrive to the desired shipping address. Any cancelations or changes to executed orders will result in a 28% restocking and processing fee and additional shipping charges by the manufacturer at the customer’s expense. Shipping and handling charges are nonrefundable. _____ ______________

INITIALS DATE
Project #: 111-112
- 7 -
Video Voice Data Communications | Voltaic Division | 12681 Pala Drive, Garden Grove, CA 92841 Print Date: February 11, 2021 Payment Schedule:

Proposal by:

Brian Sung
714-206-1048
[email protected]
Certified ChargePoint O&M Partner
ChargePoint Certifications #86827905/#23161367
_______________________________ _______________________________ ______________

CUSTOMER SIGNATURE OF APPROVAL NAME (PRINT) DATE
_______________________________ _______________________________ ______________

AP CONTACT NAME AP CONTACT EMAIL AP CONTACT NUMBER
DESIRED CHARGING STATION SHIPPING ADDRESS: (Please select one)  Please ship to on-site location (indicated above).
 Please ship to the nearest VVD (Video Voice Data Communications) | Voltaic Division warehouse at no additional cost for storage.  Other.
________________________________________________________ ________________________________

OTHER DESIRED SHIPPING ADDRESS (PLEASE PRINT) ATTENTION TO Payment Description Invoice Schedule Charging Station
Order
Installation:

Labor/Materials Total
Total cost of EV charging
station orders, and a
deposit amount of 15%
of the cost of labor and
materials
Upon execution of
contract/ agreement $35,241 $15,434 $50,675
75% of the cost of labor
and materials (90% to
date)
Completion of
installation prior to final
inspections (if any) and
activation
$0 $77,171 $77,171
10% of the cost
of labor and materials
(100% to date)
Project Closeout and
activation (if any) $0 $10,290 $10,290
Subtotal $35,241 $102,895 $138,136
Project Total: $138,136