Gardena City Council
October 24, 2023

1. All applications and records concerning an individual made or kept by any public officer or agency in connection with the administration of any provision of the Welfare and Institutions Code relating to any form of public social services for which grants-in-aid are received by this State from the Federal Government will be confidential and will not be open to examination for any purpose not directly connected with administration of such public social services.

2. No person will publish, disclose, use, permit, or cause to be published, disclosed or used, any confidential information pertaining to an applicant or recipient.

SUBCONTRACTOR agrees to inform its employees, agents, subcontractors and partners that any person who knowingly and intentionally violates the provisions of State law is guilty of a misdemeanor.

3. SUBCONTRACTOR agrees that all information and records obtained in the course of providing services to program participants shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto and no such information may be relayed to anyone except those employees of the Los Angeles County Department of Public Social Services (DPSS) and Department of Children and Family Services (DCFS) so designated, GAIN/DCFS contractors, as approved by the County, and organizations approved and designated by DPSS/DCFS.

B. RECORDS RETENTION AND EXAMINATION
SUBCONTRACTOR agrees to retain, protect, and maintain in an accessible location all records and correspondence, internal memoranda, participant files, including attendance records or notes in paper, computer or electronic form, which relates to this Contract and its participants, or any document that may be considered physical evidence for five years following the term of the subcontract agreement or until all pending Federal, State, COUNTY or SBWIB, INC., audits are completed, whichever is later.

Upon request, the SUBCONTRACTOR shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized personnel of SBWIB, INC., or representatives, including Federal, State, (including the Auditor General), and COUNTY personnel. Such records shall be kept in the County of Los Angeles, State of California and be accessible to authorized Federal, State, COUNTY representatives, and representatives of SBWIB, INC., for the retention period specified herein. Any transfers of the records, reports, beyond the boundaries of the County of Los Angeles shall require prior written approval by SBWIB, INC.
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In the event that any audit, litigation or claim remains unresolved, SUBCONTRACTOR agrees to retain all such records, reports, participant files, other documentation and physical evidence beyond the five-year period, until all such litigation, audits, and claims have been resolved. If the SUBCONTRACTOR ceases operations prior to five (5) years from the beginning date of the term of this Agreement or before all litigation, audits and claims have been resolved, the SUBCONTRACTOR shall provide the name, address, and telephone number of the SUBCONTRACTOR’s representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence.

Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Contract.

IV. TERMINATION OF AGREEMENT
A. TERMINATION WITHOUT CAUSE
Either party may, at any time during the term of this agreement hereof, terminate it without cause by giving thirty (30) days written notice to the other party.

1. Should SBWIB, INC., give notice of termination, upon receipt, SUBCONTRACTOR shall immediately cease all work under this Subcontract, unless the notice expressly states otherwise. In the event this Subcontract is terminated by SUBCONTRACTOR, it shall be deemed released from any liability for any work assigned but not completed as of the effective date of such termination.

2. Should SUBCONTRACTOR terminate this agreement, SUBCONTRACTOR shall defend, indemnify and hold SBWIB, INC., its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives harmless from any and all claims of liability or damage against SBWIB, INC., resulting from such termination.

B. TERMINATION WITH CAUSE
SBWIB, INC., may immediately terminate this Agreement upon written notification to SUBCONTRACTOR without complying with Subsection A above for any of the following reasons:

1. If SBWIB, INC., determines that there is an immediate danger of injury to participant(s) or increased potential liability to SBWIB, INC.,

2. Violation by SUBCONTRACTOR of any term of this Subcontract.

3. Failure by SUBCONTRACTOR to accept and/or implement any additional conditions that may be required by law.

4. If funding is not available to SBWIB, INC., through the County of Los Angeles. .

V. FORCE MAJEURE
Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by Force Majeure. Force Majeure, for purposes of this agreement, is defined as any unforeseeable circumstance that prevents, restricts, interferes with either party from fulfilling the terms of this contract, whether it be by reason of fire or other casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power or supplies; war; terrorism or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any government agency or intergovernmental body other than a party hereto; extreme weather, natural disaster or any other superior force, act or condition that cannot be reasonably anticipated or controlled by either party hereto.

The party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such material prevention, restriction, or interference; provided that the party so affected shall use its bests efforts under the circumstances to avoid or remove such causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.

VI. REQUIRED FORMS
Prior to execution of the agreement, SUBCONTRACTOR shall complete the TSE – Work Experience Worksite Information Sheet, attached hereto as EXHIBIT 3. The Worksite Information sheet is used to instruct referring agencies as to the worksite location, number of positions requested and type of participant SUBCONTRACTOR is requesting.

SUBCONTRACTOR shall complete a Worksite Information Sheet for each location or department within the organization that wishes to host participants.

When necessary, SUBCONTRACTOR shall complete the forms listed on EXHIBIT 4.

Such forms shall be completed according to the conditions described in the Scope of Work, or as directed by SBWIB, INC., or the COUNTY. These forms shall be provided by either SBWIB, INC., or a COUNTY Gain Service Worker/DCFS Case Worker when needed to ensure program integrity.

VII. CONTRACT OBLIGATION
The signatories hereto assure that in providing activities for the CalWORKs/Greater Avenues for Independence (GAIN) /Department of Children and Family Service (DCFS), Los Angeles County Probation, Work Experience, Work-study and/or Community Service .

programs, they will comply with the terms set forth in this subcontract agreement including all Exhibits thereto, which collectively constitute the entire agreement.

VIII. ENTIRE AGREEMENT
This agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties.
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IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the date first above written.

SUBCONTRACTOR

______________________________________________________________ Authorized Signature

Tasha Cerda______________________________________________________________ Name (please print)

Mayor______________________________________________________________ Title
SOUTH BAY WORKFORCE INVESTMENT BOARD, INC.

______________________________________________________________ Jan Vogel, Chief Executive Officer
APPROVED AS TO FORM:

______________________________________________________________ Jack Ballas, Attorney at Law
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EXHIBIT 1
WORK EXPERIENCE//WORK STUDY/Community Service

STATEMENT OF WORK
General Description of Work Experience
Work Experience (WEX) is a GAIN/GROW/DCFS/PROBATION work activity in which participants receive paid or non- paid work assignments with public, private for-profit or private non-profit organizations. The goal of WEX is to promote the gain of new skills, aid in the development of good working habits, provide exposure to professional networks, and present participants with the opportunity to gain knowledge and competencies that will increase their potential for achieving successful unsubsidized employment.

A WEX assignment should aim to improve work behavior skills, encourage the acquisition of new skills, enhance existing or recently acquired skills and assist with the development of employment references for the participant to use when seeking employment. The successful completion of a WEX work assignment may lead the participant to securing full-time unsubsidized employment and, ultimately, self-sufficiency.

Participation in WEX is limited to a period of eight (8) to twelve (12) months, depending upon program goals and funding considerations.

General Description of Work Study
Work Study is a GAIN work assignment that provides part-time paid internships to CalWorks participants enrolled in Community Colleges to help offset college expenses at Public Agencies, assisting them in meeting their work requirements under Temporary Assistance for Needy Families Reauthorization (TANF) legislation. CalWorks participants earn no less than minimum wage at subcontracted agencies on or off campus for a period of time to be determined by the college/County. Community Colleges will fund a portion of the hourly wage with the County to fund the remaining percentage and employer taxes. Internship payments for participants will be issued by SBWIB, INC., as Administrative Employer of Record. Worksites may be with public, private for-profit or private non-profit organizations.

General Description of Community Service
Community Service is a non-paid work activity performed by eligible CalWORKs participants in the public or private non-profit sector. While fulfilling an unmet community need, community service, if successfully completed, is intended to provide participants with the job-skills and training that may lead the participant to securing full-time unsubsidized employment and, ultimately, self-sufficiency.

General Provisions
A. Subcontractor shall ensure that a WEX/WS/CS position will not be created as the result of, or may not result in:

1. The displacement of current employees, including overtime currently worked by these employees.

2. The filling of established unfilled positions, unless the positions are unfunded in a public agency budget.

3. The filling of positions which would otherwise be promotional opportunities for current employees. .
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4. The filling of positions, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements.

5. The filling of a position created by termination, layoff, or reduction in workforce.

6. The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific work site, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoffs.

B. Subcontractors shall assist and encourage qualified WEX/WS/CS participants to compete for job openings within the Subcontractor’s organization, while reiterating or explaining the program’s purpose, including providing the participant with a clear understanding that unsubsidized employment is not guaranteed and consideration of such option is contingent upon the participant’s successful completion of the program, amongst other factors (e.g., job availability, funds, etc.).

C. Public agency Subcontractors shall ensure to the extent permitted under federal or state law, local ordinances, applicable bargaining agreements or personnel procedures, that time worked in the WEX/WS/CS position will apply toward the participant's seniority, if applicable in merit system employment positions.

D. Public agency Subcontractors, to the extent possible, shall allow WEX/WS/CS participants to participate in:

1. Classified service examinations equivalent to the WEX/WS/CS position.

2. All open and promotional examinations for which experience in the position or other relevant experience would qualify the person to the extent permitted under federal or state law, local ordinances, applicable collective bargaining agreements, or personnel procedures.

E. Upon request, Subcontractor shall provide WEX/WS/CS assignments within the GAIN Priority Occupations, or the Los Angeles County growth occupations, or such other documentation from the Bureau of Labor Statistics.

F. Subcontractor shall comply with a minimum three-month review requirement, or as necessary, consisting of a discussion with the County GAIN Services Manager or designee, participant's supervisor and participant regarding the assignment, the participant's progress in the assignment and job search activities.

G. SBWIB, INC., contracts with the State Compensation Insurance Fund (SCIF) to administer the workers' compensation benefits to GAIN participants assigned to paid WEX/WS/CS activities. However, Subcontractor R must implement and engage in interactive processes and make an effort to provide reasonable accommodations to participants who may be injured while completing their assignment, as applicable.

H. Subcontractor shall continuously provide and maintain facilities which are adequate to fulfill the requirements of this Agreement throughout the term of the contract.

I. Subcontractor must comply with applicable labor laws, occupational health and safety provisions, child labor laws and shall provide a safe and healthy work environment with the same job safety and working conditions as provided to regular employees. Participants shall not be placed at worksites that are unsanitary, hazardous, or dangerous to their health and safety. Participants must be provided the proper equipment and training to safely perform their respective programs.

J. Subcontractor shall supervise all participants at the Worksite at all times and require participant conformance with Subcontractor’s standard of conduct for agency personnel. .
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K. Subcontractor shall designate a qualified candidate to supervise participants, ensuring that supervisor is knowledgeable of basic employment laws and processes, including, but not limited to, discriminatory and harassment practices and policies. Subcontractor must provide worksite supervisors with appropriate written materials describing the tasks necessary to successfully perform his/her duties, including a copy of this document and any other regulations, policy or procedures provided by the County or SBWIB, Inc. with the intention to provide instruction or guidance while performing services under this agreement.

L. Subcontractor shall provide an orientation to each participant prior to them beginning the work-experience duties, which includes a review of worksite attendance policies, description of duties, work-experience expectations, worksite conduct, rules, and other applicable policies and procedures.

M. During the training period, Subcontractor shall expose participants to all customary and normal requirements of the job and provide participants with enhanced or updated training, whenever necessary, to enable participants to master the job.

N. Subcontractor shall inform participants of grievance reporting requirements and their right to file a grievance in accordance with County and SBWIB, INC., regulations or requirements as detailed in the Supervisor’s Handbook or any other policy or procedures provided by the County or SBWIB, INC., with the intention to provide grievance-related instruction or guidance.

O. Subcontractor shall assist the worksite supervisor in resolving problems concerning the participant’s on-the- job performance and reach out to the referring agency and SBWIB, INC., before adverse actions are imposed, with the exception that immediate action may be taken, as necessary, if the Subcontractor reasonably believes it’s employees are in imminent danger. Subcontractor must ensure that ample documentation and notes are kept in relation to said matters and must be able to make such documentation and notes available for reviewing, etc., by authorized personnel of SBWIB, INC., its representatives, including Federal, State, (including the Auditor General), and COUNTY personnel.

P. Subcontractor shall prepare and submit a bi-weekly evaluation that depicts an accurate reflection of the participant’s progress. Subcontractor agrees to discuss the evaluation with participant(s) when any decline is noticed in performance and reach out to the referring agency and SBWIB, INC., for assistance or guidance on how to proceed when necessary.

Q. Subcontractor shall allow “release time” for counseling, educational training, unsubsidized job interviews and other related activities only with written authorization from SBWIB, INC., or County Representative.

Subcontractor agrees to maintain accurate notes and other pertinent documentation related to such releases for later referencing and reviewing as needed.

R. Subcontractor and its supervisors assigned to participants shall adhere to all enforced stipulations while performing services under this Agreement, including those enforced within the Supervisor’s Handbook and other pertinent attached or unattached exhibits, instructional documents, policies and/or procedures. The Supervisor’s Handbook and other processes will be provided to Subcontractor upon execution of this agreement and as needed throughout the term of this Agreement.

S. Subcontractor shall immediately notify its referring agency, AJCC and SBWIB, INC., if concerns begin to develop in relation to the participant’s ability to fulfill duties as assigned, especially if such concerns can negatively impact the participant’s probability of completing the program.

T. Subcontractor shall immediately notify SBWIB, INC., of any changes in designation of personnel who will be supervising participants. This includes temporary designations of more than a two-day duration. Additionally, Subcontractor shall designate a qualified alternate supervisor who has received the same screening, training and Work Experience Program Supervisor Orientation as the initial supervisor and received said requirements within a maximum of 24 hours after being assigned to supervise participant(s). .
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U. Subcontractor shall fully cooperate with authorized representatives of SBWIB, INC., County, State and Federal governments including independent auditors. In particular, cooperation is required with respect to those representatives seeking to interview any program participant or staff member of the Subcontractor, as well as those representatives who evaluate, inspect and/or monitor facilities and operations of the Subcontractor that are directly involved in the implementation of programs funded through this Agreement.

Cooperation is further required in response to any investigation or complaint that may arise during the term in which this agreement is in effect, including producing program records as requested. SBWIB, INC., reserves the right to enter SUBCONTRACTOR’s facilities unannounced during business hours to observe Subcontractor’s operations as necessary.

V. Subcontractor understands and acknowledges that SBWIB, INC., will serve as the administrative employer of record under the terms of this contract only for which it has no control, influence or affiliation in decisions made relating to the participant’s daily assignments, or the supervision and daily standard of care provided by Subcontractor. Should Subcontractor employ a participant as staff, then said participant shall cease to be a participant in the WEX/WS/CS programs, SBWIB, INC., shall cease to be the employer of record for that participant, and Subcontractor shall assume employer of record duties.

W. In the event of injury or death of a GAIN participant in a WEX/WS/CS assignment, the SUBCONTRACTOR shall immediately contact: South Bay Workforce Investment Board, Inc. – GAIN Unit, at (310) 970-7796 within 24 hours of occurrence or knowledge of occurrence.

SUBCONTRACTOR shall also:
 Provide the injured participant with State Compensation Insurance Form (SCIF) 3301.  Complete SCIF Form 3367.
 Obtain completed SCIF Form 3301 from participant and submit Forms 3301 and 3367 to, SBWIB, INC., Attention - GAIN department, SBWIB, INC., 11539 Hawthorne Blvd., 5th Floor, Hawthorne, CA. 90250.

In the event of extreme injury or death of a GAIN participant immediately contact:

Tracey Atkins, Program Manager
South Bay Workforce Investment Board
11539 Hawthorne Blvd., Ste. 500
Hawthorne, CA 90250
(310) 970-7796
and
Lorraine Sinelkoff, CalWORKs/GAIN/ Program Division
Los Angeles County Department of Public Social Services 12860 Crossroads Parkway South
City of Industry, CA 91746
(562) 908-5863
In the event of extreme injury or death of a DCFS participant immediately contact:

Tracey Atkins, Program Manager
South Bay Workforce Investment Board
11539 Hawthorne Blvd., Ste. 500
Hawthorne, CA 90250
(310) 970-7796
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and
Wendy Luke, Division Chief
Los Angeles Department of Children and Family Services
3530 Wilshire Blvd., Ste. 400
Los Angeles, CA 90010
(213) 351-0102
X. During the assigned work period, the SUBCONTRACTOR shall provide each participant with:

1. Orientation, training of duties and other instructions as applicable, in addition to reasonable and proper supervision from a qualified candidate who will monitor the participant’s daily work activities and duties.

2. Safety instructions and equipment necessary for protection against potential injury and damage, in accordance with OSHA guidelines.

3. The same working conditions as employees employed in similar positions, e.g., breaks, etc.

Special Provisions
A. COUNTY has contracted with SBWIB, INC., to serve as administrative employer of record for the Transitional Subsidized Employment program. SBWIB, INC., has contracted with SUBCONTRACTOR to serve as a worksite and training provider for which they agree to provide services specifically related to the Transitional Subsidized Employment program, including but not limited to the following:

1. Maintain participant time sheets and forward them to SBWIB, INC., or other agent on a bi-weekly basis.

2. If necessary, distribute paychecks delivered by SBWIB, INC., to CalWORKs/GAIN/GROW/DCFS /Probation participants participating in the Transitional Subsidized Employment Program.

3. Maintain a signature log recording the distribution of paychecks to participants.

4. Immediately inform referral agency, SBWIB, INC., and the participant’s GAIN Service Worker/DCFC Case Worker should the participant’s attendance decline or cease, or if the participant requires corrective measure, withdraws from, or is terminated from his/her assignment.

Tracking and Reporting
SBWIB, INC., the COUNTY or authorized referral agent shall supply all necessary CalWORKs/GAIN/GROW/DCFS/Probation forms.

SUBCONTRACTOR shall comply with WEX/WS/CS tracking and reporting requirements and instructions for completing forms referenced in EXHIBIT4 hereto.

A. SUBCONTRACTOR shall schedule a WEX/WS/CS enrollment appointment for GAIN/ GROW/DCFS participants by telephone when contacted by an authorized referral agent/GSW. GAIN Participants (only) will be referred by the GSW on Service Provider Referral Form GN 6006. The referral form will contain the name and telephone number of the GSW.
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B. SUBCONTRACTOR shall complete as appropriate (entering the planned completion date) the GN 6006 referral form and mail the original completed, signed and dated to the GSW within eight (8) workdays after the receipt of same.

C. If requested, SUBCONTRACTOR shall mail a copy of the GN 6006 to SBWIB, INC., South Bay Workforce Investment Board - GAIN, 11539 Hawthorne Blvd., 5th Fl., Hawthorne, CA 90250.

D. Upon enrollment in a WEX/WS/CS assignment, SUBCONTRACTOR shall complete a Job Specification Sheet. A copy of this Job Specification Sheet shall be mailed to the GSW attached to the GN 6006, a copy shall be given to the participant, and a copy shall be retained in the file.

E. SUBCONTRACTOR shall reschedule the enrollment date when requested to do so by the GAIN participant, GSW or authorized referral agent. If an enrollment date is rescheduled, confirmation of the new enrollment will be made by a telephone call to the authorized referral agent/GSW within one (1) workday.

SUBCONTRACTOR shall refer back to the authorized referral agent/GSW any participant who contacts the SUBCONTRACTOR after SUBCONTRACTOR has reported the participant's failure to keep the appointment.

F. SUBCONTRACTOR shall immediately notify the authorized referral agent/GSW and within five (5) workdays of any change in circumstances that will affect program participation on the Notification of Change from Service Provider (GN 6007B for GAIN Participants only), including, but not limited to the following:

1. Prior to the scheduled start date and time, the participant called and re-scheduled the appointment.

2. The participant did not keep the scheduled appointment to enroll in or to start the WEX/WS/CS assignment;

3. The WEX/WS/CS assignment is completed.

4. The participant obtains employment; during or immediately after the WEX/WS/CS assignment.

5. The participant refuses employment.

6. The participant fails to attend or to satisfactorily progress in his/her WEX/WS/CS assignment.

7. The participant needs a change in supportive services.

8. Any other change relevant to CalWORKs, GAIN and/or DCFS case.

G. If SUBCONTRACTOR determines that the given WEX/WS/CS work/training assignment is inappropriate for a participant, SUBCONTRACTOR’s recommendation for change in assignment must be made within thirty (30) workdays from the program start date. Recommendations for change must be made via the GN 6007B form (GAIN Participant only.)
H. SUBCONTRACTOR shall cancel or stop WEX/WS/CS as requested by County on Service Provider Cancellation/Stop Notice (GN 6011).

I. Each and every quarterly period, or at the midpoint, if the training program is less than three months, SUBCONTRACTOR is required to complete a Progress/Attendance Report (GN6070) provided by the GAIN participant. The completed GN6070 shall be returned to the GSW by either the participant or SUBCONTRACTOR.
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EXHIBIT 2

SUBCONTRACTOR EMPLOYEE

ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT

GENERAL INFORMATION
The City of Inglewood, on behalf of the South Bay Workforce Investment Board, Inc., hereinafter referred to as SBWIB, Inc., has entered into a contract with the County of Los Angeles hereafter known as County to provide various services for participants in the Greater Avenue for Independence (GAIN) Program. As a result, your signature is required on this Subcontractor Employee Acknowledgement and Confidentiality Agreement.

As part of your employment, you may be involved with work pertaining to COUNTY services and have access to confidential data pertaining to persons and/or other entities who receive services from the COUNTY, whom has a legal obligation to protect all such data, including welfare recipient records. If you are to be involved in such work, the COUNTY must ensure that you will protect the confidentiality of all data and requires that you consider and sign this confidentiality agreement as a condition of your work.

EMPLOYEE ACKNOWLEDGEMENT
I understand and agree that my employer is my sole employer for purposes of employment. I rely exclusively upon it for payment of salary and any and all other benefits payable to me or on my behalf during the period of this employment. I am not an employee of SBWIB, Inc./COUNTY for any purpose. I do not have and will not acquire any rights or benefits of any kind from SBWIB, Inc./COUNTY during the period of this employment, and do not have, and will not acquire, any rights or benefits pursuant to any agreement between SBWIB, Inc./COUNTY.

CONFIDENTIALITY REPORT
I hereby agree that I will not divulge to any unauthorized person, data obtained while performing work pursuant to the contract between SBWIB, Inc./COUNTY. I will forward all requests for the release of information received by me to my immediate supervisor, ensure that said supervisor reports such violation to SBWIB, Inc./COUNTY, and return all confidential materials to my immediate supervisor upon termination of my employment or completion of the presently assigned work tasks, whichever occurs first.

I understand that a violation of this agreement and acknowledgement may subject me to civil and/or criminal action and that SBWIB, Inc./COUNTY may seek all possible legal redress.

Name: Name:
(signature) (print)
Date: Position:
(print)
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EXHIBIT 3

TSE - WORK EXPERIENCE

WORKSITE INFORMATION SHEET
Name of Agency:

Primary Worksite Address:

Phone No: Fax:

Primary Contact/Title: Email:

Secondary Contact/Title: Email:

Worksite Supervisor/Title:

Phone No: Fax:

Number of Positions Available:

Which category do available positions fall under? Clerical Maintenance Other:

Title of positions:

Position Duties:

Please list any automatic bars from hiring?

Do any of the proposed worksites reside in a residential neighborhood?

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EXHIBIT 4

GAIN REQUIRED FORMS FOR WEX/WS/CS SUBCONTRACTORS
Sample forms included in this section are to be completed or processed by SUBCONTRACTOR according to the terms and conditions hereinabove set forth or as directed by SBWIB, INC., or the COUNTY. The forms will be provided by either SBWIB, INC., authorized referral agent, or the COUNTY GAIN service worker as needed.

Forms to be completed or processed by SUBCONTRACTOR include but are not limited to:

1. GN 6006-Service Provider Referral

2. GN 6007B-Notification of Change from Service Provider

3. GN 6070-Progress/Attendance Report

4. WEX/CS Job Specification Sheet

5. GN 6011, Service Provider Cancellation/Stop Notice

6. State of California Insurance Forms-SCIF 3367 and SCIF 3301

7. Worksite Information Sheet

8. Youth Report to Work Form
1 LOS ANGELES COUNTY YOUTH@WORK

WORKSITE AGREEMENT
Agreement: 23-W135
This agreement is between WDACS-Operated America’s Job Centers of California (AJCC’s) and partner AJCC’s and City of Gardena, and is effective from October 10, 2023 through June 30, 2027.

I. The Worksite agrees to:

A. Adhere to all Youth@Work program regulations and program-related WDACS- Operated AJCCs’ or partner AJCCs’ policies.

B. Adhere to all requirements in the Worksite Checklist including but not limited to American’s With Disabilities Act (ADA), Health and Safety (General, Fire, and Earthquake), Emergency & Evacuation Plan, Workplace Postings and work restrictions required by Child Labor Laws.

NOTE: All Worksite Checklist requirements shall be met before any youth can began work.

C. Attend Worksite Supervisors’ orientation conducted by the WDACS-Operated AJCCs or partner AJCCs.

D. Adhere to the authorized work hours indica ted on the Worksite Expectations Review form.

E. Comply with California and Federal Child Labor Laws (maximum hours, breaks, etc.) and acknowledge the penalties for violating Federal Child Labor Laws.

F. Ensure all minors under the age of 18 have a valid Work Permit.

G. Provide meaningful work experience designed to promote the development of positive work habits and specific skills required for successful participation in the workforce. (Exhibit A)
H. Assure that this agreement will not displace curren tly employed worker(s) or impose on their promotional opportunities.

I. Provide youth with an orientation to familiarize the youth with his / hers duties, work hours, worksite expectations and what to do in case of an emergency and provide clear emergency and evacuation procedures.

J. Complete a Worksite Expectations Form for each youth when there is a change in the Worksite schedule or location.

K. Provide the youth with supervision at all times and a clear line of supervision and accountability.

L. Provide the WDACS-Operated AJCC or partner AJCC case manager with copy of signed Performance Evaluations on Monthly basis and a final Performance Evaluation.

M. Discuss any problems or conflicts that may arise from the youth’s job performance immediately and review as part of the monthly Performance Evaluation. Work with the WDACS -Operated AJCC or partner AJCC to resolve problems as they arise.

Attachment III
2 N. Maintain accurate timecard records, verifying hours, and ensure that timecards are signed by the youth and the supervisor prior to payment. Ensure any timecard alterations, changes or corrections are initialed by the Supervisor and the youth (THE USE OF WHITE OUT IS STRICTLY PROHIBITED).

O. Provide the youth with copies of signed timesheets and other program or work related information as appropriate.

P. Utilize only authorized timesheets which are provided by the WDACS-Operated AJCC or Partner AJCC.

Q. Ensure that timesheets are consistent with WDACS-Operated America’s Job Centers of California Procedures; it is not your responsibility to deliver the timesheets. It is the responsibility of the WDACS Operated AJCC to pick up timesheets in a timely manner.

R. Give full consideration to the possibility of hiring the youth, although there is no requirement to do so.

S. Provide materials and equipment necessary to perform the duties of the work assignment.

II. The Youth Agency agrees to:

A. Provide the worksite with Youth@Work regulations and program-related WDACS-Operated AJCCS or partner AJCCs policies.

B. Verify the worksite is in compliance with requirements in the Worksite Checklist.

Note: All Worksite Checklist requirements shall be met before any youth can begin work.

C. Provide orientation to the Worksite Supervisors.

D. Ensure that the worksite adheres to the authorized work hours indicated on the Worksite Expectations Review form.

E. Ensure that the worksite adheres to the California and Federal Child Labor Laws (Maximum hours, breaks, etc.) and acknowledges the penalties for violating Federal Child Labor Laws.

F. Ensure all minors under the age of 18 have a valid Work Permit.

G. Ensure that the worksite provides meaningful work experience consistent with the goals of the Youth@Work Program.

H. Ensure that the worksite provides youth with an orientation to familiarize the youth with his/her duties, work hours, worksite expectations and what to do in case of an emergency and ensure clear emergency and evacuation procedures are in place.

I. Verify that a Worksite Expectations Form is completed for each youth. A Worksite Expectations Form must be completed when there is a change in the Worksite or Worksite schedule.

J. Assume the cost of wages and all appropriate benefits. The Youth Agency is responsible for payment of Youth@Work youth hours as indicated in the Worksite Expectations Form.

K. Verify that the youth is supervised at all times and ensure youth is provided a clear line of supervision and accountability.
3 L. Review the Performance Evaluations on a monthly basis, discuss monthly evaluation with the youth, and provide additional guidance for any needed improvements.

M. Discuss any problems or conflicts that may arise from the youth’s job performance immediately and review as part of the monthly Performance Evaluation. Work with the Worksite to resolve problems as they arise.

N. Maintain accurate timesheet records, verify hours, and ensure that timesheets are signed by the youth and the supervisor prior to payment. Ensure any timecard alterations, changes or corrections are initialed by the Supervisor and the youth. (THE USE OF WHITE OUT IS STRICTLY PROHIBITED).

O. Ensure that the worksite provides the youth with copies of signed timesheets and other program or work related information as appropriate.

P. Ensure the worksite utilizes only authorized timesheets.

Q. Pick up the timesheets of the youth in a timely manner. Issue paychecks to the youth according to verified time records and agency payroll procedures.

R. Ensure the worksite provides materials and equipment necessary to perform the duties of the work assignment.

S. Maintain a copy of the Worksite Expectations Review, Worksite Agreement, job description, all submitted timesheets, and other relevant forms for a minimum of three (3) years for audit purposes.

T. Provide ongoing oversight of the Youth@Work program and supportive services to the youth.

U. Provide all Youth@Work youth with an orientation, explaining the program’s purpose, procedures and rules and also an overview of what to expect at the worksite.

V. Ensure liability and accident coverage of youth during authorized work hours through workers’ compensation as provided by WDACS-Operated America’s Job Centers of California.

W. Provide Worksite Supervisors with appropriate written materials: Supervisor Manual, timesheets, performance evaluations, and a copy of Worksite Agreement. Worksite Agreement is valid for one fiscal year.

III. Worksite and Youth Agency agree that:

A. Neither party shall incur costs from each other arising from participation in the Youth@Work program.

B. Either side can terminate by providing the other 30 days’ notice. /
/
/
/
/
4 Worksite Name: CITY OF GARDENA
Worksite Address: 1700 W. 162ND STREET
GARDENA, CA 90247
By: TASHA CERDA
Signature:

Title: MAYOR
Youth Agency Name: SBWIB, Inc.

Signature:

Title: CEO
Updated July 2022
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 8.G
Section: CONSENT CALENDAR
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Second Reading and Adoption of ORDINANCE NO. 1856,

Amending
Chapters 18.04 and 18.13 of the Gardena Municipal Code relating to Accessory Dwelling Units and making a determination that the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17.

CONTACT: COMMUNITY DEVELOPMENT
COUNCIL ACTION REQUIRED:

RECOMMENDATION AND STAFF SUMMARY:

Staff respectfully recommends that the City Council adopt Ordinance No. 1856, relating to regulations for accessory dwelling units.

On September 5, 2023, the Planning Commission adopted Resolution No. PC 17-23, recommending that the City Council adopt Ordinance No. 1856.

On October 10, 2023, Ordinance No. 1856 was introduced by Councilmember Francis.

FINANCIAL IMPACT/COST:

ATTACHMENTS:

Ordinance No. 1856 (ADU) FINAL.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
ORDINANCE NO. 1856

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, AMENDI NG CHAPTERS 18.04 AND 18.13 OF THE

GARDENA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING

UNITS AND MAKING A DETERMINAT ION THAT THE ORDINANCE IS

EXEMPT FROM CEQA PURSUANT TO PUBLIC R ESOURCES CODE
SECTION 21080.17

WHEREAS, State law regarding Accessory Dwe lling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) ha s been continually am ended by the State legislature; and
WHEREAS, the City of Gardena wishes to am end its provisions on ADUs and JADUs to be compliant with State law; and
WHEREAS, updating the city’s ADU laws was a program in the 6th Cycle Housing Element; and
WHEREAS, a public hearing was duly noticed for the Planning Commission on June 20, 2023, at which time the hearing was continued; and WHEREAS, a new public hearing was noticed for July 18, 2023 before the Planning Commission; and
WHEREAS, on July 18, 2023 the Planning Commission held a duly noticed public hearing at which time it considered all evidence presented, both written and oral; and WHEREAS, at the close of the public heari ng the Planning Commission adopted a resolution recommending that the City Council adopt the drafted ordinance; and WHEREAS, on September 5, 2023, the draft ordinance was brought back to the Planning Commission for reco nsideration and the close of the public hearing the Commission adopted a resolution recommending the City Council adopt this Ordinance; WHEREAS, on October 10, 2023, the City Counc il held a duly noticed public hearing at which time it considered all evidence presented, both written and oral;

NOW, THEREFORE, THE CITY COUNCIL OF TH E CITY OF GARDENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 18.04 of the Gardena Munici pal Code is hereby amended to read as follows:

Chapter 18.04 Definitions
DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

2 J Definitions.
“Junior accessory dwelling unit” shall mean a unit that is no more than five hundred square feet and contained entirely withi n a single-family dwelling, not including an attached garage or other attached accessory structure.

SECTION 2. Chapter 18.13 of the Gardena Munici pal Code is hereby amended to read as follows:

CHAPTER 18.13

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

18.13.010 Purpose.

A. In enacting this section, it is the intent of the city to encourage the provision of accessory dwelling units to meet a variet y of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan.

Accessory dwelling units provide housing fo r extended family members, students, the elderly, in-home health care providers, the di sabled, and others, at below market prices within existing neighborhoods. Homeowners w ho create accessory dwelling units can benefit from added income, and an increased s ense of security. Allowing accessory dwelling units in zones allowing residential useszones provides needed additional rental housing. This section chapter provides the requirements for the establishment of accessory dwelling units consistent with California Govern ment Code Sections 65852.2 and 65852.22 65852.2 and 65852.22.

B. For purposes of this chapter, “primary dwelling” shall mean as follows:

1. In the case of a single- family residential zone, the an existing single-family residential dwelling, or t he larger of two proposed units ., is considered to be the “primary residence.”

2. In the case of any ot her residential or mixed-use zo ne in which a single-family dwelling exists on the property, the existing dwelling.

3. In the case of multi-family or mixed-use zone which allows a residential use, the existing or proposed multi-family units.

C. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

3 in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.

18.13.020 Applications – Junior and accessory dwelling units.

A. Applications for junior and accessory dwelling units shall be ministerially approved or denied processed within sixty 60 days of receipt of a complete application and approved if they meet the requirements of this chapter.

1. If the application is submitted in conjunction with an application for a new single- family or multi-family dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family or multi- family dwelling is approved, but thereafter shall be ministerially approved if it meets all requirements within sixty 60 days or denied within that same time period.

2. If the application is denied, the cCity shall return a full set of comments in writing to the applicant with a list of items that ar e defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within 60 days of a complete application.

3. If a detached garage is to be replac ed with an accessory dwelling unit, the demolition permit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

42. The city shall grant a delay if requested by the applicant.

B. All applications for junior and accessory dwelling units shall be accompanied by an application fee.

C. Junior and accessory dwelling units shall be subject to applicable inspection and permit fees.

D. Neither an application for a junior nor an accessory dwelling unit shall be denied due to the need to correct nonconforming zoning c onditions, building code violations, or unpermitted structures that do no present a threat to public health and safety and are not affected by the construction of the unit.

18.13.030 Zones/Locations allowed.

A. Accessory dwelling units shall be allowed on all legally existing residentially zoned lots where a single-family dwelling exists or has been proposed.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

4 B. Accessory dwelling units shall be allowed on all legally existing residentially zoned lots where an existing multifamily structure exists or has been proposed.

C. Accessory dwelling units shall be allowed on all legally existing mixed-use zoned lots where an existing single-family or multifamily dwelling exists or has been proposed.

D. Nothing herein is meant to override t he provisions of conditions, covenants, and restrictions for a housing development project relating to accessory dwelling units to the extent such restrictions comply with state law.

E. An accessory dwelling unit may be constructed in an attached or detached garage.

18.13.040 General requirements.

A. Number. Unless otherwise allowed by Section 18.13.060(A), only one accessory dwelling unit may be allowed per residential lot.

B. Accessory dwelling units shall not be sold separately from the primary residenceprimary dwelling, except to the extent that the sale meets the requirements of Government Code section 65852.26 with regard to a qualified nonprofit corporation.

C. Neither the accessory dwelling unit nor any other residence located on the propertyt, nor any part thereof, he primary residence shall be rented out for less than thirty-one31 consecutive calendar days. A covenant shall be recorded to this effect in a form approved by the city attorney.

D. Owner/Occupancy. Accessory dwelling uni ts may be rented independently of the primary residenceprimary dwelling. However, in the R-1 zone, the owner of the property must be an occupant of either the primary residenceprimary dwelling or the accessory dwelling unit in order for one of the two units to be rented and a covenant shall be recorded to this effect in a form approved by the city attorney. Notwithstanding the foregoing, the owner may rent both the primary residenceprimary dwelling and accessory dwelling unit to one party with a restriction in the lease t hat such party may not further sublease any unit or portion thereof. The owner-occupancy requirement shall not be imposed on any accessory dwelling unit before January 1, 2025 or on any accessory dwelling unit approved between January 1, 2020, and January 1, 2025.

E. Impact Fees.

1. No impact fee shall be imposed on any accessory dwelling unit less than 750 seven hundred fifty square feet in size.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

5 2. For accessory dwelling units 750 seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary residenceprimary dwelling.

3. All applicable public service and applicab le recreation impact fees shall be paid prior to occupancy in accordance with Go vernment Code Sections 66000 et seq. and 66012 et seq.

4. For purposes of this section, “impac t fee” shall have the same meaning as set forth in Government Code Section 65852.2(f).

F. Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot.

G. Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Communi ty Development Director. If the City determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

This subsection G. only applies to accessory dwelling units built before January 281, 2020.

H. A deed restriction shall be required to be recorded agains t the property on which an accessory dwelling unit is constructed, which restriction shall run with the land. The deed restriction shall provide for the following:

1. A prohibition on the sale of accessory dwelling unit separate from the sale of the primary dwelling(s), except as provided in Government Code section 65852.26;

2. A restriction that prohibits the accessory dwelling unit from being enlarged beyond that which is permitted by Chapter 18.13 of the Gardena Municipal Code;

3. A restriction from renting either t he accessory dwelling unit or the primary dwelling(s) or any portions thereof for less than thirty -one consecutive, calendar days;

4. A statement that the deed restrictions may be enforced against future purchasers.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

6 5. A statement that the Cit y shall be entitled to all le gal and equitable remedies available under the law upon the default of any covenant in the deed restriction.

6. A statement that the prevailing party shall be ent itled to reimbursement of its reasonable attorneys’ fees and costs.

18.13.050 Development regulations.

A. Accessory dwelling units shall be required to comply with the objective development standards of the underlying zoning district and the applicable provisions of Chapter 18.42 unless superseded by a provision of this chapt er or if such regulation prohibits the construction of an accessory dwelling unit of at least 800 square feet.

An attached or detached accessory dwelling uni t shall be located behind the front yard setback, unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as a previously existing approved accessory structure, including an attached or detached garage.

B. Design.

1. An accessory dwelling unit, whether atta ched or detached, shall be consistent in architectural style, materials, colors , and appearances with the existing or proposed dwelling and the quality of the materials shall be the same or exceed that of the primary residence.

2. Window placement shall be sensitive to maintaining privacy between the accessory dwelling unit and the primary residence and neighboring residences.

B. 3. An accessory dwelling unit shall have a separate ent rance from the primary residenceprimary dwelling which shall be located on a di fferent plane than the entrance for the primary residenceprimary dwelling in the case of a single-family dwelling.

4. To the maximum extent f easible, the accessory dwellin g unit shall not alter the appearance of the single-family dwelling.

C. No passageway as defined in Government Code Section 65852.2(i) shall be required for the construction of an accessory dwelling unit.

D. Accessory dwelling units shall comply with all applicable build ing code requirements with the exception that fire sprinklers sha ll not be required in an accessory dwelling unit if they are not required for the primary residenceprimary dwelling and the construction of DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

7 an accessory dwelling unit shall not trigger a r equirement for sprinklers to be installed in the primary dwelling.

E. Size.

1. The floor area of an attached or detached accessory dwelling unit shall not exceed eight hundred fifty850 square feet for a st udio or one bedroom or one thousand 1,000 square feet for a unit that contains more than one bedroom.

2. The minimum size of an accessory dwelling unit is one hundred fifty square feet.

3. Except for front yard setback requirements, T he development standards of this section shall be waived in order to allow an accessory dwelling unit that is 800 eight hundred square feet , does not exceed the height requirements set forth in subsection F. below, and at least sixteen feet in height with has a minimum of four- foot side and rear yard setbacks.

F. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

1. No setback shall be required for an ex isting living area, or a legally existing accessory structure, including a garage, that is converted to an accessory dwelling unit or a new accessory dwelling unit constructed in the same location and built to the same dimensions as the existing structure.

2. No setback greater than four feet shall be required for side and rear yard setbacks for all other accessory dwelling units not covered by subsection (F)(1) of this section.

3. An attached or detached accessory dwelling unit shall be at least six feet from all other buildings on the lot or on any adjacent lot.

4. An attached or detached accessory dwelling unit shall be located behind the front yard setback, unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as a previously existing approved accessory structure, including an attached or detached garage. This requirement shall be waived to the extent that it prohibits an accessory dwelling un it of 800 square feet from being built with four foot side and re ar yard setbacks in compliance with all other development standards.

5. No portion of an accessory dwelling unit may encroach into any public or private easement such as a utilit y easement unless the easement holder has provided written permission to construct the accessory dwelling unit in the manner proposed.

To establish a rebuttable presumption of compliance with this requirement, the DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

8 applicant may provide a written declara tion under penalty of perjury affirming compliance with this requirement. The declaration shall be in a form acceptable to the City Attorney.

G. Height. Unless an accessory dwelling unit is being built above a garage or attached to a single-family dwelling, t he height of an attached or det ached accessory dwelling unit shall not be any higher than the primary residence and in no event shall the height exceed twenty-five feet. The height of an accessory dwelling unit shall be as follows:

1. A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

2. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within ½ mile walking distance of a major transit stop or a high-quality transit corridor. An additional 2 feet shall be al lowed if required to accomm odate a roof pitch on the accessory dwelling unit that is aligned with the roof pi tch of the primary dwelling unit.

3. A height of 18 feet for a detached a ccessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

4. A height of 25 feet or the height lim it of the applicable zone that applies to the primary dwelling, whichever is lowe r, for an accessory dwelling unit that is attached to a primary dwelling unit or built above an existing garage. In no event shall the accessory dwelling unit exceed 2 stories.

5. An accessory dwelling unit may be bu ilt on top of a garage provided that the garage is maintained for parking and the total height of the structure does not exceed 25 feet. If an accessory dwelling unit is built pursuant to this provision, a declaration shall be recorded that the garage must be maintained for parking.

H. Parking.

1. Parking shall be required at the rate of one space for each accessory dwelling unit. No parking spaces shall be required for an accessory dwelling unit created within an existing living space.

2. Parking spaces may be provided through tandem parking on an existing driveway; provided, that such parking does not encroach into the public sidewalk.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

9 3. Parking spaces for accessory dwellin g units may be provided in paved portions of setback areas; provided, that the amount of pavi ng does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this title.

4. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, such parking spaces need not be replaced.

5. Tandem parking and parking in setback areas shall not be allowed if the community development director makes spec ific findings that such parking is not feasible based upon specific site or region al topographical, or fire and life safety conditions.

6. Notwithstanding any other provision of this subsecti on H of this section, no parking shall be required for the accessory dwelling unit if any of the following conditions apply:
a. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop;
b. The accessory dwelling unit is located within an architecturally and historically significant district;
c. The accessory dwelling unit is part of the existing primary residenceprimary dwelling or an existing accessory structure;
d. When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or
e. When there is a car share vehicle located within one block of the accessory dwelling unit; or
f. When a permit application for an accessory dwelling unit is submitted with a permit applications to create a new single- or multi-family dwelling on the same lot, provided the ADU or parcel satisfie s any other criteria listed in this paragraph.

I. Utilities.

1. All utility installations shall be placed underground.

2. For an accessory dwelling unit contained within an existing single-family dwelling, or an existing accessory structur e meeting the requirements of DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

10 Section 18.13.060(A)(1), the city shall not require the installation of a new or separate utility connection between the acce ssory dwelling unit and the utility or impose a connection fee or capacity char ge. Such requirements and charges may be imposed when the accessory dwelling unit is being proposed within a new single- family dwelling.

3. For all other accessory dwelling units other than those described in subsection (I)(2) of this section, the city shall require a new or separ ate utility connection between the accessory dwelling unit and t he utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size or number of plumbing fixtures.

J. The number of curb cuts allowed shall be governed by the underlying zoning regulations.

K. An applicant may apply for an administrative site plan review by the community development director pursuant to Sect ions 18.44.020(C) and (D) in order to turn an existing single-family dwelling into the accessory dwelling unit and develop a new primary residence elsewhere on the lot if both structures meet . In such case the existing single- family dwelling must meet all requirements of this chapter and the R-1 zonerelating to accessory dwelling units, including size limitations.

L. Affordability information (RHNA). Applicants shall provide the city with all information reasonably requested by the city to allow the city to classify the ADU by income category for the city’s annual housing report.

18.13.060 Mandatory approvals.

A. Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accesso ry dwelling units within a residential or mixed-use zone. For new construction, if the unit is attached or detached, it shall be located behind the front yard setback line in a single-family zone:

1. One accessory dwelling unit and one A junior or accessory dwelling unit within the existing or proposed space of a single-family dwelling or accessory structure. a. An expansion of up to one hundred fifty150 square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
b. The junior or accessory dwelling un it shall have exterior access separate from the existing or proposed single-family dwelling.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

11 c. The side and rear setbacks shall be sufficient for fire and safety. d. If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Section 18.13.070.

2. One new detached accessory dwelling unit with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than eight hundred800 square feet and shall not exceed sixteen feet in height the height r equirements set forth in section

18.13.050.G.1 -3, above.
a. A junior accessory dw elling unit may be developed in conjunction with this type of detached accessory dwelling unit, provided it complies with the requirements of subsection A.1, above of this section.

3. On a lot with a multifamily dwelling structure, up to twenty-five25 percent of the total multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing struct ure that are not used as liv able space, including, but not limited to, storage room s, boiler rooms, passageways, attics, basements, or garages, provided that each unit compli es with state build ing standards for dwellings.

4. On a lot with a multifamily dwelling structure, up to two detached units of not more than 800 square feet each ; provided, that neither unit exceeds the height requirements set forth in section 18.13.050 .G.1 -3, above, is greater than sixteen feet in height and has at least four-foot side and rear yard setbacks.

B. For those junior/or accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions.

C. The deed restriction requirements of Section 18.13.040.D shall apply to units approved under this section.

18.13.070 Junior accessory dwelling units.

A. One junior accessory dwelling unit shall be allowed in an existing or proposed single- family dwelling, including in an attached garage. A junior accessory dwelling unit may be allowed on the same lot as a detached accessory dwelling unit where the detached accessory dwelling unit is no larger than eight hundred800 square feet and no taller than sixteen feetthe height allowed pursuant to section 18.13.060F.1-3.

B. The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes a sink, cooking app liances and a food prepar ation counter and DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

12 storage cabinets that are of reas onable size in relation to t he junior accessory dwelling unit.

C. The junior accessory dwelling unit shall be required to have a separate entrance from the primary residenceprimary dwelling which shall be located on a different side of the home than the front door of the primary residenceprimary dwelling.

D. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilitie s with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit.

E. No additional parking shall be required for a junior accessory dwelling unit.

F. Junior accessory dwelling units shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence.

G. The city shall not require the correction of a legal nonconforming zoning condition as a requirement for the junior accessory dwelling unit.

H. A deed restriction shall be required to be recorded on the The owner of property on which a junior accessory dwelling unit is constructed, which shall be required to record a deed restriction which shall run with the land . and file a copy with the city. The deed restriction shall provide for the following:

1. A prohibition on the sale of the junior accessory dwe lling unit separate from the sale of the single-family residence;

2. A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred square feet;

3. A restriction from renti ng either the junior accessory dwelling unit or the single- family dwelling or any part thereof for less than thirty-one31 consecutive, calendar days;

4. A restriction that the owner resides in either the single-family dwelling or the junior accessory dwelling unit. Notwithstanding the foregoing:
a. The owner may rent bot h the single-family dwe lling and junior accessory dwelling unit to one party with a restriction in the lease that such party may not further sublease any unit or portion thereof; and
DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

13 b. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization; and

5. A statement that the deed restrictions may be enforced against future purchasers.

6. A statement that the Cit y shall be entitled to all le gal and equitable remedies available under the law upon the default of any covenant in the deed restriction.

7. A statement that the prevailing party shall be ent itled to reimbursement of its reasonable attorneys’ fees and costs.

I. For the purposes of applying any fire or life protection or dinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.

SECTION 3. This Ordinance is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 which provides CEQA does not apply to the adoption of an ordinance to implement ADU law.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordi nance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragr aph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 5. This Ordinance shall take effect on the thirty-first day after passage.

SECTION 6. The City Clerk shall certify the pass age of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in t he records of the meeting at which time the same is passed and adopted; and shall, wit hin fifteen (15) days after the passage and adoption thereof, cause the same to be published as r equired by law, in a publication of general circulation.

SECTION 7. The Community Development Department shall send a copy of this Ordinance to the Department of Housing and Community Development within 60 days of adoption as required by Government Code section 65852.2.

PASSED, APPROVED AND ADOPTED th is 24th day of October, 2023.

DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A Ordinance No. 1856

14 ________ _____________________
T A S H A C E R D A , M a y o r

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: D7D59E82-37A1-47BC-A4C1-17DA760C837A

NOTICE OF CANCELLATION

City of Gardena

Planning & Environmental Quality Commission

Notice is hereby given that the regular meeting of the
Planning & Environmental Quality Commission
scheduled for October 17, 2023,
has been canceled.

The next regularly scheduled meeting will be held on
November 7, 2023, at 7 p.m.

Dated this 13th day of October 2023

/s/ MINA SEMENZA
City Clerk
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL

ITEMS - ADMINISTRATIVE

SERVICES
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Approve and authorize the City Manager to execute the Authorization to Order (ATO) forms with the California Network and Telecommunications (CALNET) Program Cellular and Data Services through June 30, 2025
COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve and authorize the City Manager to execute the ATO forms
RECOMMENDATION AND STAFF SUMMARY:

Since 2008, the City has obtained telecommunications and network services from AT&T through the CALNET 2 and CALNET 3 Contract agreements that provides discounted rates as secured by the State contract with AT&T. The current CALNET 3 contract is set to expire on December 31, 2023, as the State is transitioning to CALNET NextGen program. In order for the City to continue to obtain these discounted rates, it will need to execute the ATO forms to authorize participation in the CALNET NextGen program.

The City will be "piggybacking" off the State of California Department of Technology Telecommunications Contracts C4-LEG-12-10-TS-01, C4-DNCS-19-001-40, C4-CVD-19-001- 03, C4-DNCS-19-001-33, and C4-CVD-19-001-04. This follows the Gardena Municipal Code

2.60.140 which specifies; where purchases are to made in concert with other governmental agencies, formal bid requirements as set forth in this chapter shall be waived and the purchasing officer shall be authorized to procure materials, supplies, and services in cooperation with other governmental public entities, commonly referred to as "piggybacking".

Staff recommends that the City Council approve and authorize the City Manager to execute the ATO forms, to enable the City of Gardena to participate in the State of California CALNET NextGen program. If this is approved, the City will send the ATO forms to the CALNET program for review and approval. Once approval is received, the City will come back to the City Council for approval on telecommunications purchases using the programs discounted rates.

FINANCIAL IMPACT/COST:

None
ATTACHMENTS:

Exhibit A - ATT CalNet NextGen ATO Legacy.pdf
Exhibit B - ATT CalNet NextGen DNCS.pdf
Exhibit C - Verizon CalNet-19.1-ATO.pdf
Exhibit D - Charter Communications CalNet-DNCS-Group-I-ATO.pdf Exhibit E - ATT CalNet -19.1-ATO.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

CALNET

AUTHORIZATION TO ORDER (ATO)
AT&T Corp and the California Department of Technology (CDT) have entered into a multi-year statewide contract for CALNET Legacy Telecommunications Voice and Data Services, C4A1LEG18, Categories 15, 16, 17, and 18. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category 15, Dedicated Transport:
• Contract award: 01/03/2019
• Contract end: 06/30/2026
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category 15.2.2, Carrier DSO Service:
• Contract award: 01/03/2019
• Contract end: 06/30/2024
Category 16, Long Distance Calling:
• Contract award: 01/03/2019
• Contract end: 06/30/2024
• Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension
Category 17, Toll Free Voice Calling:
• Contract award: 01/03/2019
• Contract end: 06/30/2024
• Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension
Category 18, Legacy Telecommunications:
• Contract award: 01/03/2019
• Contract end: 06/30/2026
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category 18.3.1.1, Analog Service:
• Contract award: 01/03/2019
• Contract end: 06/30/2024

Pursuant to the Contract C4-LEG-12-10-TS-01, which is incorporated herein by reference, any eligible on-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity will be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting the Authorization to Order (ATO).

Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver the ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute the ATO.

By executing the ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of the ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Services(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of service the Non-State Entity receives from the Contractor. • The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract.

• All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the Non- State Entity, and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
[Enter Non-State Entity
name] intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence [MM/DD/YYYY]
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non-State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non-State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent Contact Number
Title of Authorized Agent Email

Address
City, State, Zip Code
Contractor
AT&T Corp
Authorized Agent: Keith Nagel
Attention: Program Management Office
Address 2700 Watt Avenue Contact Number: 916-384-6175 Room 1213 Sacramento, CA 95821 Email: [email protected]
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET "DATE EXECUTED" shown below.

Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed

Approved By: State of California Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
CALNET

AUTHORIZATION TO ORDER (ATO)
AT&T Corp. and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 20, 21, 22, 23, 24, 25, 27, 28, 29 and

30. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category: 20, MPLS Data Network Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 21, Standalone VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 22, Cloud Hosted VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 23, Metropolitan Area Network (MAN)
Ethernet Services and Features
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 24, Flat Rate Internet Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 25, Sustained Bandwidth Internet
Services and Features
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 27, Standard Contact Center Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 28, Custom Contact Center Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 29, Converged VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 30, Broadband with Internet Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Pursuant to the Contract C4-DNCS-19-001-40, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement
(NESPA) on file with the CDT
CALNET Program, prior to submitting this Authorization to Order (ATO).

Once the Non-State Entity and the Contractor approve and s ign t he ATO, the Contractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) sha ll be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO.

By executing this ATO, the
[Non
-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO, and any resulting order for Service
(s), is a contract between the Non-
State
Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the
parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. • The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. • All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:

(Enter Non-State Entity
name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence

MM/DD/YYYY
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non- State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent
Title of Authorized Agent
Address
City, State, Zip Code
Contact Number
Email
Contact Number:

Email:

IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-State Entity
Authorized Agent Name
Date Signed
Title of Authorized Agent
Signature
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
_________________________________________
_________________________________________
_________________________________________
Contractor
AT&T Corporation
Authorized Agent : Keith Nagel
Attention:

Program Management Office
Ad
dress: 2700 Watt Avenue
Ro
om 1213
Sac
ramento, CA 95821
916-384-6175
[email protected]

AUTHORIZATION TO ORDER (ATO)
Cellular – Category 19.1
Cellco Partnership dba Verizon Wireless and the California Department of Technology (CDT) have entered into a four-year statewide contract for CALNET Cellular Voice and Data Services, C4CVD18, Category 19. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category/Subcategory: 19.1, CALNET Cellular
Business Services
• Contract award: 05/23/2019
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): One (1), 2-year extension
P
ursuant to the Contract C4-CVD-19-001-03, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting this Authorization to Order (ATO).

Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO.

By executing this ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• T
he CDT, at its discretion, revokes the approved ATO; or • T
he Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• T
he Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. •
T
he Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• T
he Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. • All S
ervice(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
•
T
he Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
•
T
he Non-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
(Enter Non-State Entity name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY (“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non-State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent Name
Title of Authorized Agent
Address
City, State, Zip Code
Conta
ct Number
Email
Co
ntractor
Cellco Partnership dba Verizon Wireless
Author
ized Agent: Clifton Miller
Attention: State and Local Government Contract Management Team 15505 Sand Canyon Avenue
Building C,
Irvine, CA 92618
Contact Number: 800-922-0204
Email:

[email protected]
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Date Executed

CALNET

AUTHORIZATION TO ORDER (ATO)
Charter Communications Operating, LLC., and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 23 and 24. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category: 23, Metropolitan Area Network (MAN)
Ethernet Services and Features
• Contract award: 04/23/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 24, Flat Rate Internet Services
• Contract award: 04/23/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Pursuant to the Con
tract C4-DNCS-19-001-33, which is inco rporated herein by reference, any eligible non-state public entity (herein "Non-State Enti ty"), as authorized in Go
vernment Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State E
ntity Service Policy and Agreement (NESPA) on file with the CDT

CALNET P
rogram
, prior to submitting this Authoriz ation to Order (ATO).

Once the Non-Sta
te Entity and the Contr actor approve and sign the ATO, the Con
tractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties
and the CALNET Program execute this ATO.

By executing this ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees
to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract.

Service catalogs, rates and Contract terms
are
available at the CALNET Program website.

The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CD
T, at its discretion, revokes the approved ATO; or
• The Non-S
tate Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• The Non
-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. • The Non
-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• The Non
-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. •
All
Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
•
The Non
-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
•
The Non
-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:

(Enter Non-State Entity name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence

MM/DD/YYYY
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non- State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent
Title of Authorized Agent
Contact Number
Email
Address
City, State, Zip Code
Contractor
Contact Number: 866-423-6909, Ext. 2
Email: [email protected]
Charter Communications Operating, LLC.

Authorized Agent: David Brown or Thomas Heil
Attention: Commercial Contracts Management
Address: 12405 Powerscourt Dr. Corporate - Legal
Operations
St. Louis, MO 63131
Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Cont
ractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-Sta
te Entity
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
_________________________________________
_________________________________________

AUTHORIZATION TO ORDER (ATO)
Cellular – Category 19.1
AT and T Mobility and the California Department of Technology (CDT) have entered into a four-year statewide contract for CALNET Cellular Voice and Data Services, C4CVD18, Category 19. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category/Subcategory: 19.1, CALNET Cellular
Business Services
• Contract award: 05/23/2019
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): One (1), 2-year extension
Pursuant to the Contract C4-CVD-19-001-04, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting this Authorization to Order (ATO).

Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO.

By executing this ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. • The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. • All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
(Enter Non-State Entity name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY (“Service Date”). Upon
the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non-State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent Name
Title of Authorized Agent
Address
City, State, Zip Code
Contact Number
Email
Contractor
AT and T Mobility
Authorized Agent: Ken Todd
Attention: Contract Program Manger
2700 Watt Avenue, Room, 1213
Sacramento, CA 95820
Contact Number: 916-768-5000
Email: [email protected]
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Dat
e Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Dat
e Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature
_________________________________________
Date
Executed
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.A
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Discussion on Eligible CDBG Funded Activities
COUNCIL ACTION REQUIRED:

Staff Recommendation: No Action Needed
RECOMMENDATION AND STAFF SUMMARY:

At a previous City Council meeting, it was requested that staff conduct a presentation on eligible CDBG funded activities. The City's CDBG Consultant along with staff have a presentation on these activities for the Council to consider for the future use of CDBG funds.

FINANCIAL IMPACT/COST:

None
ATTACHMENTS:

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Consideration of the Gardena Economic Business Advisory Commission (GEBAC)’s recommendations on the use of grant funds for the revitalization of Gardena Boulevard.

COUNCIL ACTION REQUIRED:

Staff Recommendation: 1) Review the Gardena Economic Business Advisory Commission (GEBAC)'s recommendation on the use of grant funds for the revitalization of Gardena Boulevard, which prioritizes the acquisition of the vacant lot on 1112 W. Gardena Boulevard; and 2) Provide any additional direction to City Staff.

RECOMMENDATION AND STAFF SUMMARY:

Last year, the City of Gardena was awarded a grant in the amount of $2 million dollars for the revitalization of Gardena Boulevard. At the City Council meeting held on October 25, 2022, City Council directed the Gardena Economic Business Advisory Commission (GEBAC) to seek input from the Gardena Boulevard community and to recommend activities for the use of the $2M grant funds received for the revitalization of Gardena Boulevard.

GEBAC has held meetings to discuss the needs of the small businesses on the Boulevard and the appropriate utilization of the grant funds. On
October 12, 2023, a community meeting held
on Gardena Boulevard was hosted to solicitate feedback from the community. In addition, a survey in both English and Spanish to gather feedback was provided to attendees.

On October 18, 2023, the GEBAC held a special meeting to review and analyze the community feedback for the small businesses on Gardena Boulevard. GEBAC has identified the following priorities for Gardena Boulevard from highest to lowest:

1 .

Highest Priority -
Inadequate parking
2 .

Mid Priority -
Safety and decorative lighting
3 .

Lowest Priority -
Facade improvement
Based on the identified priorities from the community meeting, GEBAC recommends that the City Council consider acquiring the vacant lot at 1112 W Gardena Boulevard to facilitate public parking for local businesses while also serving as a flexible space for hosting special City events. Should the acquisition and development of land for public parking not be considered an eligible activity of the grant, the next recommendation would be to use the funds for safety and decorative lighting, and then lastly business facade improvements.

FINANCIAL IMPACT/COST:

Not Applicable
ATTACHMENTS:

Staff Report - Gardena Blvd Revitalization Grant.pdf
GEBAC Gardena Blvd Revitalization Memo.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
Agenda Item No.: 13B
Department: Community Development
Meeting Date: October 24, 2023

GARDENA BOULEVARD

REVITALIZATION

AGENDA STAFF REPORT

AGENDA TITLE: GARDENA ECONOMIC BUSINESS ADVISORY COMMISSION (GEBAC)’S

RECOMMENDATIONS TO THE CITY COUNCIL ON THE USE OF GRANT FUNDS FOR THE REVITALIZATION OF GARDENA BOULEVARD.

RECOMMENDATION:

Staff respectfully recommends that City Council:

1) Review the Gardena Economic Business Advisory Commission (GEBAC )’s recommendations on the use of grant funds for the revitalization of Gardena Boulevard, which prioritizes the acquisition of the vacant lot on 1112 W Gardena Boulevard; and

2) Provide any additional direction to City staff.

BACKGROUND:

Last year, the City of Gardena was awarded $2 Million State Earmark for the revitalization of Gardena Boulevard. At the City Council Meeting held on October 25, 2022, City Council directed the Gardena Economic Business Advisory Commission (GEBAC) to seek input from the Gardena Boulevard community and to recommend activities for the use of the $2M grant funds received for the revitalization of Gardena Boulevard.

Since the signing of the Fund T ransfer Agreement (FTA) between the California Department of Transportation and the City of Gardena in May 2023, outlining the project's objectives, GEBAC has engaged in regular and s pecial meetings to di scuss the needs of the small businesses on the Boulevard and the appropriate utilization of the allocated grant funds.

Recently, on October 12, 2023, a community meeting held on Gardena Boulevard was hosted to engage and solicitate feedback from the business owners, property owners, and the residents of Gardena Boulevard. GEBAC provided a nine-question survey in both English and Spa nish to gather feedback on the small business needs along the Boulevard.

DISCUSSION:

On Octobe r 18, 2023, the GEBAC convened a special meeting to r eview and analyze the community feedback for the small businesses on Gardena Boulevard. GEBAC has identified the following priorities for Gardena Boulevard from highest to lowest:

1. Highest Priority - Inadequate parking: The limited availability of parking spaces along the Boulevard d eters potential customers, reduces pedestrian traffic, and limits small business success.

2. Mid Priority - Safety and decorative lighting: Inadequate streetlighting and insufficient streetlights discourage s small businesses from operating beyond regular business hours.

3. Lowest Priority - Facade improvement: Structures along the Boulevard need modernization to establish a more welcoming and contemporary atmosphere.

Based on the identified priorities of the Boulevard, GEBAC recommends that the City Council consider acquiring the vacant lot at 1112 W Gardena Boulevard. This acquisition aims to facilitate public parking for local businesses while also serving as a flexible space for hosting special City events, thereby fostering increased business activity and o pportunities along Gardena Boulevard. Should the acquisition and development of land for public parking not be considered an eligi ble activity of the grant, GEBAC hopes the City Council would still consider acquiring the vacant lot for public parking and s pecial event purposes as the need is of the highest priority to support the businesses and community along Gardena Blvd.

If the acquisition does not q ualify as a gran t fu nded activity , and the agreement cannot be amended to include such type of activity, GEBAC then recommends that both safety and decorative streetlighting be considered for use of the grant funds . If that activity is also not considered eligible, GEBAC recommends that the funds be used for business façade improvements.

LEGAL REVIEW:

Not Applicable

CONCLUSION:

Staff respectfully recommends that City Council:

1) Review the Gardena Economic Business Advisory Commission (GEBAC)’s recommendations on the use of grant funds for the revitalization of Gardena Boulevard, which prioritizes the acquisition of the vacant lot on 1112 W Gardena Boulevard; and

2) Provide any additional direction to City staff.

FISCAL IMPACT:

Not Applicable

ATTACHMENT:

Memorandum from the Gardena Economic Business Advisory Commission (GEBAC)

Greg S. Tsujiuchi
Date: 10/24/2023 Submitted by: ___________________________________

Community Development Department
1700 West 162nd Street Gardena, California 90247-3732

MEMORANDUM

TO: Honorable Mayor and City Council

FROM: Steve Rogers, Chairman
Gardena Economic Business Advisory Commission (GEBAC)

PREPARED BY: Jackie Choi, Economic Development Manager

DATE: October 19, 2023

SUBJECT: Gardena Boulevard Revitalization Grant

Discussion

On September 20, 2023, the Gardena Economic Business Advisory Commission (GEBAC) held a regularly scheduled meeting to identify the programs for the $2 Million Grant Funding received to revitalize Gardena Boulevard. Commissioners, staff members, and Lieutenant Rivera, the District 3 Lieutenant, voiced significant concerns regarding the insufficient parking along the Boulevard, greatly impacting the local businesses and their customers . Discussions also included the potential utilization of the vacant lot at 1112 W Gardena Bouleva rd, formerly known as Firestone, as a viable solution to improve the persisting parking constraints experienced by small businesses on the Boulevard.

On October 12, 2023, the District 3 Policing hosted a Community Meeting on Gardena Boulevard, aimed at en gaging and soliciting constructive feedback from business owners, property owners, and the residents of Gardena Boulevard. The GEBAC utilized the meeting as an opportunity to administer a nine-question survey in both English and Spanish, aiming to gather c omprehensive feedback on the Boulevard . The enclosed summary of the survey stresses the insufficiency of parking and safety concern remains a critical obstacle for the small businesses along Gardena Boulevard.

Consequently, on October 18, 2023, the GEBAC convened a special meeting to review and analyze the community feedback concerning Gardena Boulevard. Commission collectively determined that the acquisition of 1112 W Gardena Boulevard would serve as a key measure in preserving and enhancing the pos ition of local small businesses. This acquisition was perceived as an essential strategy aimed at providing public amenities and ensuring that businesses could adequately cater to their clientele.

Following are the priorities GEBAC had identified based on the community feedback:

1. Inadequate parking: The shortage of parking spaces along the Boulevard discourages potential customers, resulting in a decline in foot traffic.

2. Safety and decorative lighting: Dimly lit streets and inadequate streetlights discour age small businesses from operating beyond regular business hours.

3. Facade improvement: Several structures along the Boulevard require modernization to create a more inviting and contemporary ambiance.

The GEBAC requests that City staff, on behalf of GEBAC, provide a recommendation to the City Council, requesting that the Council consider the acquisition of the vacant lot on 1112 W Gardena Boulevard as the program of the revitalization of Gardena Boulevard . Should the acquisition of the land d oes not align with the scope of work specified in the State Earmark, and the Funds Transfer Agreement between the California Department of Transportation and the City of Gardena, GEBAC recommends that the City Council continue its efforts to acquire the va cant lot. This acquisition is intended to enable accessible public parking for local businesses while also acting as a flexible venue for hosting special events, thereby encouraging amplified business activity on the Boulevard which will assist from stopping empty store fronts and creating blights to the community.

In addition, if the land acquisition does not align with the stipulations of the agreement, GEBAC recommends that the subsequent prioritized item from the list provided earlier be considered as the next program activity, which is the implementation of measures to enhance safety along Gardena Boulevard. This could involve the evaluation of potential rehabilitation, replacement, or augmentation of decorative and secure street lighting , thus improving the safety of small businesses and visitors.

Should you require additional information, the GEBAC Chair and Members would welcome an opportunity to discuss this matter or answer any questions at a time convenient to the Council.

Attachment

Summary of the Gardena Boulevard Survey

C: Clint Osorio, City Manager
Greg Tsujiuchi, CD Director

10/19/23, 10:53 AM Microsoft Forms
https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&groupid=e4c12157-925a-47c6-b7a2-4c2f1493dcb5&id… 1/3

GARDENA BOULEVARD SURVEY

1.Which of these describe you? (Select all that apply)

2.Your age group (Select one)

3.What do you like most about Gardena Blvd? (Select up to 3 answers) 17Responses 02:43Average time to completeActiveStatus
Gardena Blvd Resident 6
Work on Gardena Blvd5
Business Owner12
Property Owner7
Investor or Developer in Garden…1
Other 1
18 to 24 0
25 to 39 1
40 to 60 5
60 plus 11
Small town feel12
Sense of Community9
Central location/easy access to …13
Civic/cultural activities6
Affordability 4

10/19/23, 10:53 AM Microsoft Forms
https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&groupid=e4c12157-925a-47c6-b7a2-4c2f1493dcb5&id… 2/3

4.How important are each of the following improvements for Gardena Blvd?Please use a scale of 1-5 where 1=Not at all important, 2=Slightly Important, 3=Important, 4=VeryImportant, 5=Extremely Important

5.Please rate the importance of the following priorities for improving/revitalizing the small businesseson Gardena Blvd. Use a scale of 1-5 where 1=Not at all important, 2=Slightly Important,3=Important, 4=Very Important, 5=Extremely Important

6.What are some barriers to attracting new business/investment and retaining current businesses inGardena Blvd? (Select all that apply)

7.What improvements are needed on the Gardena Boulevard for the Small Businesses? 11Responses
Latest Responses"Advertise in the city of Gardena. Events, and festivals on Gardena Blvd. " 1=Not at all important2=Slightly Important3=Important4=Very Important5=Extremely Important Safety
Traffic
More shopping options
More dining options
Streetscape/design
Parking
Mobility/walkability/bike-ability
Public transit
100% 0% 100%
1=Not at all important2=Slightly Important3=Important4=Very Important5=Extremely Important Improving the aesthetics of the infrastructure
Improving and/or updating the business equipment
Improving parking
Providing financial assistance to incubate smallbusinesses such as start-up costs 100% 0% 100%
Lack of qualified work force5
Lack of local customer base7
Lack of housing options5
Long commute times1
Lack of transit services0
Lack of parking14
Lack of local amenities5
Safety/security12
Other 2

10/19/23, 10:53 AM Microsoft Forms
https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&groupid=e4c12157-925a-47c6-b7a2-4c2f1493dcb5&id… 3/3

8.What do you enjoy about Gardena Boulevard?
10Responses
Latest Responses"That it is a Blvd., Fun, and family-friendly "

9.How should we envision the character of the small businesses on Gardena Boulevard for the future? 7Responses
Latest Responses"With more customers for all businesses, lighted, safe, clean, more visitors an… "With more safety"
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Authorize the Contract Renewal Services with SmartCover Systems, Inc. in the amount of $63,570 to provide Active Site Management (ASM) and Warranty Coverage for a Two-Year Term
COUNCIL ACTION REQUIRED:

Staff Recommendation: Authorize the Purchase
RECOMMENDATION AND STAFF SUMMARY:

Staff respectfully recommend that City Council authorize contract renewal services with SmartCover Systems, Inc. in the amount of $63,570 to provide Active Site Management (ASM) and optional warranty coverage of the sewer monitoring system.

On September 11, 2018, City Council approved the purchase and installation of 30 Sewer Covers from SmartCover Systems for monitoring at various locations in the City. Ongoing costs for the system include annual renewal of the ASM component plus the power pack and systems parts warranty. The ASM component includes support services, data storage, upgrades, website access, software subscription, satellite connectivity, maintenance alerts, online sewer cover monitoring, and data analysis.

The cost for continued maintenance has increased over the last several years. Effective March 1, 2023, there was a price increase of 3.8% for monitoring and maintenance service.

The cost for 1 year of service increased to $32,760. The vendor offered a discount for a two- year term resulting in a savings of $1,950 and protection against a price increase for the second year.

The system is an extremely valuable tool which provides continuous remote monitoring of 30 high volume sewer lines, 24 hours a day to help optimize the prevention of Sanitary Sewer Overflows (SSO).

SmartCover Systems, Inc. is the sole source and exclusive manufacturer of this patented and proprietary system.

This is a budgeted expense covered under the sewer maintenance fund.

FINANCIAL IMPACT/COST:

Sewer Fund - $63,570
ATTACHMENTS:

SMARTCOVER_CONSULTANT_AGREEMENT_102423__Signed_by_SC.pdf Quote 7596.pdf
SmartCover - Brochure.pdf
Sole Source Letter.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

Consultant Agreement with SmartCover Systems, Inc. Page 1

CITY OF GARDENA

CONSULTANT AGREEMENT WITH SMARTCOVER SYSTEMS,
INC.

This Agreement is entered into this day of , 2023, by and between the City of Gardena , a municipal corporation (“City”) and SmartCover Systems, Inc ., a CA Corporation (“Consultant”). Based on the mutua l promises and covenants contained herein, the Parties hereto agree, as follows.

1. RECITALS. This Agreement is made and entered into with respect to the following facts:

A. Whereas, City is desirous of obtaining professional comprehensive services including software support, data storage, upgrades, added features, and satellite connectivity for the SmartCover Sewer Monitoring System;

B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and

C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and

D. Whereas, no official or employee of City has a financial interest, w ithin the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.

A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.

B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause f or terminating this Agreement.

C. Upon termination, Consultant shall: (1) promptly discontin ue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 2 services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause att ributable to Consultant, Consultant s hall be deemed r eleased for liability for any work assigned but not completed as of the effective date of termination.

3. SERVICES. Consultant agrees to provide the services as specified in the Consultant’s Proposal, Exhibit A, attached hereto and incorporated herein by thi s reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.

4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services i n writing ( “Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit A. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.

7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practiti oners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.

8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.

DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 3

9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.

Consultant shall be notified in writing of any defici ency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.

Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Pu blic Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.

10. COMPENSATION. Consultant shall be compensated as follows:

A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed _Sixty three thousand five hundred seventy dollars and 00/00 ($63,570.00) without the prior written authorization of the City Council.

B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the ser vices rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.

Payment by City under this Agreement shall not be deemed a waiv er of defects, even if such defects were known to City at the time of payment.

C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.

11. INSURANCE REQUIREMENTS.

A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Cons ultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 4 responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternativel y, Consultant’s insurance may cover all subcontractors.

B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:

1. Commercial General Liability Ins urance – a po licy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy sh all be no less than one million dollars ($1,000,000.00) per occurrence.

2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no speci al limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.

3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

If the policy is written as a “claims made” policy, the retro date shall be prior to the start o f the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.

DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 5

5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

a. Additional ins ureds: “The City Gardena and its elected and appointed b oards, offic ers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Cons ultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gard ena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.”

d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Ga rdena, its officers, officials, agents, employees, and volunteers.

e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. Additional Requirements . The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorpor ating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. Deductibles. Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductib le exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to City, its officers, employees, agents and volunteers (with additio nal premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment o f DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 6 losses and related investigations, claim administration and defens e expenses.

F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements eff ecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall del iver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.

G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held r esponsible for payments of damages to persons or property.

12. INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, of ficers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authoriz ed sub consultants under this Agreement, whether or not the Consultant, its employees , an d/or authorized subconsultants are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 7

13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Co nsultant’s f ailure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

15. PERS ELIGIBILITY INDEMNIFICATION. In the event that C onsultant or any employee, agent, or subcontractor of Consultant providing servic es unde r th is Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of i ts employees, agents, and subcontractors provi ding service under this Agreement s hall no t qu alify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 8 developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.

18. CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exem pt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Conf idential Information in s trictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub- consultants who have signed a non disclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implem ent physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.

"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses , phone numbers, birth dates, and social securit y numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.

HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perfo rm "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.

Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and it s Su b-consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.

Any breach of this provision may result in termination of the Agreement and demand DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 9 for return of all personal information. Moreover, Consultant will indemnify and hold the Cit y harmless from and against all losses and damage s resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.

19. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contract or pursuant to this Agreement.

20. WAIVER OR BRE ACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

21. COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and w ages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordi nances applicable to t he services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and des cription including attorne ys’ fees and costs, pr esented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

22. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sectio ns 2.24.020H and 2.24. 025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.

23. NON-DISCRIMINATION. Co nsultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.

24. FORCE MAJEURE. Consultant shall not be in def ault for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 10 beyond the control and without the fault or negligence of Consultant.

25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obliga tions pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.

26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:

To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works

To Consultant: SmartCover Systems, Inc.
2110 Enterprise Street
Escondido, CA 92029
Attn: Paris Neofotistos
Vice President of Sales

Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United S tates Postal Service.

27. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.

28. FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.

29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disc losure as required by the California Public R ecords Act (California Government Code section 7920.000 et seq .). Exceptions to public DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 11 disclosure may be those documents or information that qualify as trade secrets, as that term is def ined in the California Gover nment Code section 7924.510, and of which Consultant i nforms City of s uch t rade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) ye ars from the completi on date of the Services under t his Agreement, t he following records:

A. All accounts and records, including personnel, prop erty and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;

B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;

C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

D. The aforementio ned records shall be made available to City or any authorized representative thereof upon request for audit.

31. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the a ppropriate branch of the Los Angeles County Municipal or Superior Court.

33. SECTION HEADINGS. The Section headings used in this Agreem ent are f or reference purposes only and shall have no binding effect.

34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

35. ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.

36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 12 the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

37. SEVERABILITY. If any term or portion o f this Agreement is held to be invalid, illegal, or otherwise unenf orceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an o riginal. All counterparts, taken together, constitute t he executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

39. ELECTRONIC SIGNATURE . Th e parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the sa me full f orce and effect as if a paper original of this Agreem ent had been delivered and ha d been signed us ing a handwritten signature. City and Consultant (i) agree t hat an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by t he si gnatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other elec tronic means, (iii) are aware that the other party wi ll reply on such sign atures, and (iv) hereby waive any defenses to t he enforcement of the terms of this Ag reement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Si gnatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, emai l or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.

DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Consultant Agreement with SmartCover Systems, Inc. Page 13

IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.

CITY OF GARDENA CONSULTANT – SmartCover Systems, Inc.

________________________________ _________________________________ Tasha Cerda, Mayor Name – Paris Neofotistos

ATTEST:

Sign:_____________________________
Title: Vice President of Sales

________________________________
Mina Semenza, City Clerk _________________________________ Name

APPROVED AS TO FORM:

Sign:_____________________________
Title:

Carmen Vasquez, City Attorney

DocuSign Envelope ID: 07670987-62F2-4E6C-B21A-E08E1D367D74

Budget Quote
Date 8/8/2023
Quote Number
7596
Bill To:

Gardena, City of
1717 West 162nd Street
Gardena, CA 90247 USA
Attn: Adrianna Renteria
Ship To
City of Gardena
1717 West 162nd Street
Gardena, CA 90247-3731
USA
Attn: John Scherer
P.O. No.

Due Date
11/30/2023
Period Covered
12/1/2023-11/30/2025
Signature for Approval
Total
Terms and Conditions for this transaction:

1. Payment: Net 30 days

2. All pricing subject to change.

3. All hardware, rentals, software subscriptions and renewals may be subject to tax.

4. Taxes were calculated at the time of quote creation and may change at the time of invoice.

5. Customer is responsible for paying the appropriate taxes due at time of invoice.

We appreciate your business!
Hadronex, Inc. DBA SmartCover Systems
2110 Enterprise Street
Escondido, CA 92029 USA
Phone: 760-291-1980
Fax: 760-291-1982
Remit PO to
[email protected]
or return this quote signed with
PO number.

Scan of PO is preferred.

Sales Tax calculated
by AVATAX
Shown in the body of quote
on the last page
March 2023 Pricing
Item Description Qty Rate Total
GPWA-REN-0723
***On site Labor maybe contracted separately for additional fees.

ASM-SC2R Renewal: SmartCover® – REQUIRED 30 786.00 23,580.00 PW-5C2R Renewal: Power Warranty: - PARTS ONLY 30 443.00 13,290.00 EW-SC2R Renewal: SmartCover® System™ Warranty- Covers all systems parts except PowerPack™- PARTS ONLY.
30 890.00 26,700.00

Budget Quote
Date 8/8/2023
Quote Number
7596
Bill To:

Gardena, City of
1717 West 162nd Street
Gardena, CA 90247 USA
Attn: Adrianna Renteria
Ship To
City of Gardena
1717 West 162nd Street
Gardena, CA 90247-3731
USA
Attn: John Scherer
P.O. No.

Due Date
11/30/2023
Period Covered
12/1/2023-11/30/2025
Signature for Approval
Total
Terms and Conditions for this transaction:

1. Payment: Net 30 days

2. All pricing subject to change.

3. All hardware, rentals, software subscriptions and renewals may be subject to tax.

4. Taxes were calculated at the time of quote creation and may change at the time of invoice.

5. Customer is responsible for paying the appropriate taxes due at time of invoice.

We appreciate your business!
Hadronex, Inc. DBA SmartCover Systems
2110 Enterprise Street
Escondido, CA 92029 USA
Phone: 760-291-1980
Fax: 760-291-1982
Remit PO to
[email protected]
or return this quote signed with
PO number.

Scan of PO is preferred.

Sales Tax calculated
by AVATAX
Shown in the body of quote
on the last page
March 2023 Pricing
Item Description Qty Rate Total
5934 13442 Catalina/135th Alley
5941 14150 Crenshaw
5936 14518 Berendo Ave
5937 14804 Budlong
5947 1516 Redondo Beach Blvd
5953 155th St and Vermont
5939 15721 Brighton
5946 15810 Crenshaw and Manhattan
5942 1634 145th St.
5932 178th St Storm Drain
5933 1926 El Segundo Blvd
5935 2118 El Segundo Blvd
5943 2404 El Segundo Service Rd
5931 2912 El Segundo Blvd
5940 Alley of S. Western Ave.
5948 Arcturus and Redondo Beach Blvd
5944 Arthur Johnson Park
5930 Berendo and 132nd St
5927 Budlong and 141st Pl
5926 Budlong and 144th St
5924 Halldale and 146th St
5945 Manhattan Pl and 162nd St
5950 Redondo Beach Blvd and Manhattan Pl
5938 Rosecrans and Ardath Service Rd
5928 Vermont and 130th St
5929 Vermont and 141st St
5949 Vermont and Marine
5952 Vermont Ave and 159th
5925 Vermont Ave and 161st
5951 Western and 137th
Total sales tax calculated by AvaTax 0.00 0.00

0.00% 0.00

_____________________________________
$63,570.00

(855) 291-1980 [email protected] Enterprise Street Escondido, CA 92029 USA

FULL SUITE OF SOLUTIONS
Offers Greater Visibility into Your Operations

TRUSTED UTILITY PARTNER
Protecting Public Health for Nearly 20 Years
SmartCover has prevented more than 40,000 sewer system overflows with real-time alarms and notifications to dispatch crews for spill avoidance. We optimize sewer cleaning by redirecting crews to clean “as needed” without sacrificing care and lower inspection costs by localizing “when and where” activities are needed.

SSO Prevention H2S Monitoring I&I Assessment Cleaning Optimization CSO Monitoring Stormwater Monitoring Lift Station Monitoring Intrusion Detection

PROTECT THE

ENVIRONMENT
• Utilize real-time alarms
to dispatch crews before
overflows occur
• Eliminate environmental
and community impacts
associated with sewer spills
• Identify locations with
capacity constraints to
prevent future overflows

OPTIMIZE INVESTMENTS
• Schedule cleanings based
on data and analytics
• Reduce chemical odor
and corrosion control
spend while improving
performance
• Achieve 75% to 95%
cleaning reduction at
high-frequency locations

STRENGTHEN UTILITY

RESILIENCY
• Monitor critical infrastructure
during extreme weather
events using satellite
communication
• Isolate Inflow & Infiltration
to focus capital investments
in high-impact areas
• Reduce carbon footprint by
optimizing cleaning truck
operations, decreasing
chemical use, and
eliminating sewer overflows
Capabilities Intro_SmartCover_10.03.22.indd 2Capabilities Intro_SmartCover_10.03.22.indd 2 10/3/2022 3:03:31 PM10/3/2022 3:03:31 PM

Sole Source – Manufacturer

Hadronex Inc. DBA SmartCover Systems

Hadronex Inc. DBA SmartCover Systems
2110 Enterprise Street, Escondido, CA 92029
25009SD Rev E 02/2022

Customer Name Date
Address
City, State Zip

This letter is to provide notification that Hadronex, Inc. (doing business as SmartCover ® Systems™) herein known as “Company” with corporate offices located at 2110 Enterprise Street, Escondido, CA 92029, is the sole creator, manufacturer and marketer of a group of systems and products, including: the award winning SmartCover®; SmartFLOE™; SmartVault ™; SmartWeir ™; SmartClean ®; SmartTank; SmartTrend ®; SmartRain™; SmartTide™; UnderCover®; SubSonic®; H2Scents® and StreamWatch®.

The SmartCover® family of products are both patented and proprietary, designed and manufactured by the Company to provide users with unique qualities and functions based on acquiring water level and/or flow data as well as other data in the sewer collection system or other structures with open channel flows, using ultrasonic, pressure or combined technology combined with embedded analytics and data fusion. The SmartCover® system, which acquires and transmits data through the Iridium® military grade satellite network, is immune to terrestrial communications interruptions cause d by storms or hurricanes and provides 24/7 user access via a secure web browser and through a dedicated, secure user website.

SmartCover® uniquely provides real-time, continuous monitoring capability powered by an engineered and proprietary long -life lithium thionyl chloride battery pack. It uniquely communicates with an embedded digital radio through the Iridium® satellite system assuring global, redundant and continuous coverage.

Users acquire trend data via the patented and proprietary SmartTrend® analysis software tool which issues predictive “Advisories” on developing trends, “Alarms” for surcharges and intrusions and maintenance “Alerts” that monitor specific operational parameters system. All notifications provide information and resources enabling Sewer Intelligence® - effective, informed decision-making for corrective or preemptive action.

Patent pending SmartRain™; StreamWatch® and SmartTide™ data services are available whe re users are presented a “multigraph view” for fast and easy comparison of the SmartCover® (level) or SmartFLOE™ (flow) data with local environmental data. SmartClean® provides advanced maintenance forecasting to reduce cost and risk.

Mounted directly on the manhole cover, the patented SmartCover® configuration is designed to be installed with no confined space entry per OSHA CFR 1910.146(b). The manhole cover mounting also provides a real-time intrusion alarm when the manhole cover is opened, providing a unique capability to detect intrusions or entries into the manhole or hatch.

Company solely provides ongoing professional services for management and security of data, software maintenance and upgrades, the user website interface and exercise of the Iridium Satellite communications system. These essential services directly enable users to have seamless, robust and ongoing access to real-time data from remote locations.

Company is protected by the following US Patents: 7,589,630; 7,598,858; 7,944,352; 7,948,215; 8,607,654; 9,297,684; 9,482,568; 10,612,228 and 10,901,068. The systems are also protected by registered trademarks and international patents. Company also has a Madrid Treaty filing for its main trademark. We hope this information will satisfy your requirements and that it clearly demonstrates the special, patented, unique and proprietary features of our systems.

Sincerely,

Corey Williams, P.E.

President/CEO, SmartCover Systems
[email protected]
City of Gardena
October 10 2323
1717 W 162nd St
Gardena, CA 90247
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.B
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: October 24, 2023

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Authorization to Purchase One (1) Electric Vehicle from Enterprise Fleet Management in the amount of $57,252 for the Public Works Department COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve Purchase
RECOMMENDATION AND STAFF SUMMARY:

Staff recommends that the City Council approve the purchase of a 2023 Tesla Model Y from Enterprise Fleet Management in the amount of $57,252 inclusive of sales tax.

The Public Works Inspector conducts daily field inspections and attends field meetings for construction projects in the public right of way. The current electric vehicle used for these activities is an eleven-year-old Nissan Leaf which has exceeded its life expectancy. This vehicle is now obsolete, and Nissan no longer provides maintenance services. When the vehicle was initially purchased, each full charge had a driving range of approximately 100 miles. The vehicle now has a range of approximately 20 miles. There is also a recurring safety issue with the brakes being "sticky." The brakes were repaired multiple times. However, it continues to present an issue.

The needs of the Public Works Inspector are unique as they need to have tools to perform their duties. A passenger car does not suffice. Therefore, a SUV or truck is needed. As the City moves forward with complying with the state of California's stringent environmental and air quality regulations, the City will now only consider fully electric vehicles on our fleet of non- emergency light duty vehicles. Other vehicle makes and models were considered; but because of supply chain issues, the availability of full-electric vehicles is scarce. The City receives funds from the state that can be used to purchase electric vehicles and staff researched what types of electric SUV's and trucks could be purchased. Tesla Motors Inc. is an American company, and the Model Y is extremely competitively priced with other fully electric makes and models, has a driving range of approximately 300 miles per full charge, and is now available for purchase. There are several cities that have utilized Tesla automobiles for their fleet of both emergency and non-emergency vehicles.

Therefore, staff determined that the Tesla Model Y is the best vehicle for this need based on initial cost, reliability, utility, and availability.

FINANCIAL IMPACT/COST:

Source of Funds: $28,626 AQMD and $28,626 Gas Tax funds. No financial impact to the General Fund.

ATTACHMENTS:
2023 Tesla Model Y Purchase Quote.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
Prepared For: City of Gardena Date 10/19/2023
Goodpaster, Patrick AE/AM GH0/JE
Unit #
Year 2023 Make Tesla Model Model Y
Series Long Range 4dr All-Wheel Drive Sport Utility
Vehicle Order Type Ordered Term 48 State CA Customer# 473374 $ 51,630.00 Capitalized Price of Vehicle 1
$ 0.00 * Sales Tax 0.0000% State CA
$ 722.69 * Initial License Fee
$ 0.00 Registration Fee
$ 300.00 Other: (See Page 2)
$ 51,929.00 * Capitalized Price Reduction
$ 5,322.72 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color Pearl White Multi-Coat
Interior Color Black w/Vegan Leather Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.02 Depreciation Reserve @ 1.8000%
$ 54.73 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 54.75 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 60.00 Physical Damage Management Comp/Coll Deductible 1000 / 1000 $ 0.00 Full Maintenance Program 3 Contract Miles 100,000 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 60.00 Additional Services SubTotal
$ 5.61 Sales Tax 10.2500% State CA
$ 120.36 Total Monthly Rental Including Additional Services $ 0.04 Reduced Book Value at 48 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 25,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Gardena

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 7566797
Printed On 10/19/2023 04:36:26 PM Page 1 of 6
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee B $ 140.00
Pricing Plan Delivery Charge B $ 125.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 265.00
Total Other Charges Capitalized $ 300.00
Other Charges Total $ 565.00
Open-End (Equity) Lease Rate Quote Quote No: 7566797
Printed On 10/19/2023 04:36:26 PM Page 2 of 6
VEHICLE INFORMATION:
2023 Tesla Model Y Long Range 4dr All-Wheel Drive Sport Utility - US Series ID: MODELYLR
Pricing Summary:

INVOICE MSRP
Base Vehicle $48,490 $48,490.00
Total Options $1,250.00 $1,250.00
Destination Charge $1,390.00 $1,390.00
Total Price
SELECTED COLOR:

Exterior: PPSW-Pearl White Multi-Coat
Interior: BLK-Black w/Vegan Leather Seat Trim
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
BLK_02 Black w/Vegan Leather Seat Trim NC NC
FEE Non-Refundable Order Fee $250.00 $250.00
PAINT Monotone Paint STD STD
PPSW_02 Pearl White Multi-Coat $1,000.00 $1,000.00
STDAR 5 Seat Interior STD STD
STDAX 9.0 Axle Ratio STD STD
STDEN Dual Motor: Fr AC Induction/Rr AC Permanent Magnet STD STD STDGV GVWR: 5,712 lbs STD STD
STDRD Radio: Premium Audio System STD STD
STDTM Vegan Leather Seat Trim STD STD
STDTN Transmission: 1-Speed Automatic STD STD
STDTR Tires: 255/45R19 STD STD
STDWL Wheels: 19" x 9.5" Gemini STD STD
$51,130.00 $51,130.00
Open-End (Equity) Lease Rate Quote Quote No: 7566797
Printed On 10/19/2023 04:36:26 PM Page 3 of 6
CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  4
Driver And Passenger Mirror:  auto dimming power remote heated power folding side-view door mirrors with tilt down Skid Plates:  skid plates
Door Handles:  black
Front And Rear Bumpers:  body-coloured front and rear bumpers Body Material:  galvanized steel/aluminum body material Fender Flares:  black fender flares
Grille:  black grille
Convenience Features:

Air Conditioning  automatic dual-zone front air conditioning Air Filter:  air filter
Console Ducts:  console ducts
Steering Wheel A/C Controls:  steering-wheel mounted A/C controls Power Sunroof:  front and rear fixed laminated glass sunroof Seat Memory:  5 driver memory seat settings (includes door mirrors, steering wheel, audio, HVAC,) Cruise Control:  cruise control with steering wheel controls, Traffic-Aware Cruise Control distance pacing Trunk/Hatch/Door Remote Release:  power cargo access remote release Power Windows:  power windows with front and rear 1-touch down 1/4 Vent Rear Windows:  power rearmost windows
Remote Keyless Entry:  smart device-as-key remote keyless entry Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Passive Entry:  proximity key
Valet Key:  valet function
Trunk FOB Controls:  keyfob trunk/hatch/door release
Window FOB Controls:  remote window controls
Steering Wheel:  heated steering wheel with power tilting, power telescoping, auto tilt-away Day-Night Rearview Mirror:  day-night rearview mirror
Auto-dimming Rearview Mirror:  auto-dimming rearview mirror Driver and Passenger Vanity Mirror:  illuminated auxiliary driver and passenger-side visor mirrors Navigation System:  navigation system with voice activation Front Cupholder:  front and rear cupholders
Floor Console:  full floor console with covered box
Glove Box:  illuminated locking glove box
Driver Door Bin:  driver and passenger door bins
Rear Door Bins:  rear door bins
Seatback Storage Pockets:  2 seatback storage pockets
IP Storage:  covered bin instrument-panel storage
Driver Footrest:  driver's footrest
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  2 12V DC power outlets
Entertainment Features:
radio  FM/HD with seek-scan
Radio Data System:  radio data system
Amplifier:  amplifier
Voice Activated Radio:  voice activated radio
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  14 speakers
Internet Access:  internet access
1st Row LCD:  1 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  window grid antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off aero-composite LED low/high beam headlamps Printed On 10/19/2023 04:36:26 PM Page 4 of 6
Auto-levelling Headlights:  auto-leveling headlights
Auto-Dimming Headlights:  auto high-beam headlights
Front Fog Lights:  front fog lights
Front Wipers:  variable intermittent rain detecting wipers wipers with heating wiper park Rear Window Defroster:  rear window defroster
Tinted Windows:  deep-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front and rear reading lights
Door Curb/Courtesy Lights:  4 door curb/courtesy lights Variable IP Lighting:  variable instrument panel lighting Display Type:  digital appearance
Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Park Distance Control:  front and rear parking sensors
Trip Computer:  trip computer
Trip Odometer:  trip odometer
Lane Departure Warning:  lane departure
Blind Spot Sensor:  blind spot
Front Pedestrian Braking:  front pedestrian detection
Following Distance Indicator:  following distance alert Forward Collision Alert:  forward collision
Clock:  in-dash clock
Systems Monitor:  driver information centre
Rear Vision Camera:  rear vision camera
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Door Ajar Warning:  door-ajar warning
Trunk Ajar Warning:  trunk-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  curtain 1st and 2nd row overhead airbag Knee Airbag:  knee airbag
Occupancy Sensor:  front passenger airbag occupancy sensor Height Adjustable Seatbelts:  height adjustable front seatbelts Seatbelt Pretensioners:  front and rear seatbelt pre-tensioners 3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  perimeter/approach lights Tailgate/Rear Door Lock Type:  tailgate/rear door lock included with power door locks Rear Child Safety Locks:  rear child safety locks
Ignition Disable:  immobilizer
Security System:  security system Sentry Mode with video recording Tracker System:  tracker system
Electronic Stability:  electronic stability
Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  fixed front head restraints
Rear Headrest Control:  3 rear head restraints
Break Resistant Glass:  break resistant glass
Seats And Trim:

Printed On 10/19/2023 04:36:26 PM Page 5 of 6
Seating Capacity  max. seating capacity of 5
Front Bucket Seats:  front bucket seats
Front Heated Cushion:  driver and passenger heated-cushions Front Heated Seatback:  driver and passenger heated-seatbacks Heated Rear Seat:  heated rear seat
Number of Driver Seat Adjustments:  8-way driver and passenger seat adjustments Reclining Driver Seat:  power reclining driver and passenger seats Driver Lumbar:  power 4-way driver and passenger lumbar support Driver Height Adjustment:  power height-adjustable driver and passenger seats Driver Fore/Aft:  power driver and passenger fore/aft adjustment Driver Cushion Tilt:  power driver and passenger cushion tilt Front Centre Armrest Storage:  front centre armrest
Rear Seat Type:  rear manual reclining 40-20-40 split-bench seat Rear Folding Position:  rear seat fold-forward seatback Rear Seat Armrest:  rear seat centre armrest
Leather Upholstery:  leatherette front and rear seat upholstery Door Trim Insert:  simulated suede door panel trim
Headliner Material:  full cloth headliner
Floor Covering:  full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination:  aluminum/genuine wood instrument panel insert, door panel insert, console insert LeatherSteeringWheel:  leatherette steering wheel
Floor Mats:  carpet front and rear floor mats
Interior Accents:  metal-look interior accents
Cargo Space Trim:  carpet cargo space
Trunk Lid:  plastic trunk lid/rear cargo door
Cargo Cover:  folding cargo cover
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Concealed Cargo Storage:  concealed cargo storage
Standard Engine:

Engine 425-hp, (electric)
Standard Transmission:

Transmission  1-speed automatic
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