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Agenda packet

Hawaiian Gardens City Council
March 13, 2024

Document
Agenda packet
Meeting
March 13, 2024
Body
Hawaiian Gardens City Council
Pages
9
Original file
12.0 MB
Text extracted from the city's file for reading and search. Open the original on hgcity.primegov.com. That file is the official record.

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, March 13, 2024
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.

ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 420­2641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 420­2641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

The meeting can be viewed as a curtesy only and with no guarantee as to feasibility and disruption via various platforms as follows:

City of Hawaiian Gardens local cable/channel:

ATT ­ 99
FRONTIER ­ 16
Spectrum ­ 36
Live Stream via City website at: www.hgcity.org.

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, March 13, 2024
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Pleasenotethatpubliccommentisonlyguaranteedtobetakeninpersonduringthemeetingor

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 13, 2024 Page 1
Spectrum ­ 36
Live Stream via City website at: www.hgcity.org.

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, March 13, 2024
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Please note that public comment is only guaranteed to be taken in­person during the meeting or prior to the meeting in­writing by complying with the below procedures. Remote participation is provided as a courtesy only and should not be relied upon to guarantee participation in the meeting. The City reserves the right to terminate remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. So long as the public may still attend the meeting in­person, the meeting will continue.

VIA WRITTEN CORRESPONDENCE / E­COMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the following email address: [email protected], or by e­comment on the City’s website, by no later than Wednesday, March 13, 2024 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting. If submitting a comment pertaining to an agenda item, please reference the agenda item.

IN­PERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council in­person on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).

COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend in­person or submit a written comment as set forth above.

Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:

Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 13, 2024 Page 2
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COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend in­person or submit a written comment as set forth above.

Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:

Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09
Meeting ID: 843 9680 5805 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City reserves the right to utilize teleconferencing in accordance with AB 2449.

PROCLAMATIONS AND CERTIFICATES

1. CERTIFICATES FOR ARTESIA HIGH SCHOOL GIRLS SOCCER TEAM FOR THEIR 2024 CIF­SOUTHERN SECTION DIVISION 7 CHAMPIONSHIP

2. PROCLAMATION FOR SAFE COMMUNITIES MONTH

PRESENTATIONS

1. PRESENTATION BY ANJELIQUE GRANADOS, COMMUNITY LIBRARY MANAGER, HAWAIIAN GARDENS LIBRARY

2. PRESENTATION BY FRANCISCO NOYOLA, CLERK OF THE BOARD, ABC UNIFIED SCHOOL DISTRICT
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.

A. PUBLIC HEARING(S) / HEARING(s)
B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to receive and file warrants processed during the period of February 17 to March 1, 2024.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file Treasurer’s Reports for October, November and December 2023.

SUGGESTEDACTION:ApproveRecommendation

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 13, 2024 Page 3
agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to receive and file warrants processed during the period of February 17 to March 1, 2024.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file Treasurer’s Reports for October, November and December 2023.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to approve the minutes for the City Council meeting of Wednesday, February 28, 2024; and the Joint Meeting of the City Council and Planning Commission of Wednesday, February 21, 2024.

SUGGESTED ACTION: Approve Recommendation.

C. DISCUSSION ITEM(S)

1. Recommendation to approve plans and specifications and authorize the Public Works Manager to advertise and seek public bids for Carson Street Beautification Phase II, Project 108 – from Norwalk Boulevard to Bloomfield Avenue.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to award a Professional Services Agreement to Toole Design Group for preparation of the Citywide Bicycle Master Plan and authorize the Public Works Manager to request additional related services from the consultant within the budgeted amount.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to approve plans and specifications and authorize the Public Works Manager to advertise and seek public bids for Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation, Project 111.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to approve membership in the Gateway Cities Affordable Housing Trust, a Joint Powers Authority; Adopt Resolution No. 006­2024, approving City execution of the Joint Exercise of Powers Agreement relating to membership in the Gateway Cities Affordable Housing Trust; and authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.

SUGGESTED ACTION: Approve Recommendation.

D. COMMITTEE REPORT(S)
E. NEW BUSINESS
F. ORAL STAFF REPORT(S)
G. CITY ATTORNEY REPORT(S)
H. ORAL COUNCIL REPORT(S)

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 13, 2024 Page 4
Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.

SUGGESTED ACTION: Approve Recommendation.

D. COMMITTEE REPORT(S)
E. NEW BUSINESS
F. ORAL STAFF REPORT(S)
G. CITY ATTORNEY REPORT(S)
H. ORAL COUNCIL REPORT(S)
I. CLOSED SESSION
J. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, March 27, 2024 at 6:00 PM.

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 13, 2024 Page 5

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B2
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
Abraham Yi, Accounting Specialist
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE WARRANTS PROCESSED DURING THE PERIOD OF FEBRUARY 17 TO MARCH 1, 2024

SUMMARY
Information for warrants processed from February 17 to March 1, 2024 is provided, in the attachments, for review by the City Council. A detailed report for Accounts Payable (AP) provides a list of all payments presented by payment type and check number.

Payments are made to vendors using paper check, via ACH or online.

Payroll (PR) represents payments for employee payroll, taxes, insurance and CalPers retirement contributions and does not include any detailed information.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Financial Summary
B. AP Invoice Approval Lists Payment Type and Check Number Attachment A
Financial Summary
Description Warrant Information Amount
AP Check Payments to Vendors Ck 65730 – 65752 $ 39,201.14 AP ACH Payments to Vendors Ck 1057444 – 1057455 16,108.96 AP Online Payments to Vendors Ck 2289 - 2290 2,263.79
PR Employee Salaries & Benefits Ck 67027 – 67132 189,200.52 PR CalPers- Online Retirement Benefits 2/27/2024 106,077.57 Voided Check 0
Total for Feb 17-Mar 1, 2024 $352,851.98
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 02/17/24 TO 03/01/24
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 3:44 pm
Date: 03/05/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
65730 02/20/24 Printed 3425 GOOD TIMES TRAVEL, INC. 02.21 - 02.23.2024 SENIOR 11,472.00

EXCURSION LAUGHLIN
65731 02/22/24 Printed 7624 AC & HEAT SERVICES INC JAN-MAR 2024 QTRLY A/C MAINT CITY 1,125.00 HALL UNIT 1-7 & 10-12
65732 02/22/24 Printed 0382M ANA AMARO 02.27 - 03.01.24 PER DIEM CPRS 207.50

CONFERENCE
65733 02/22/24 Printed 0881N ANTHONY BARRON 01.27 - 02.03.24 HIIT INSTRUCTOR 90.00 65734 02/22/24 Printed 1424M CALIFORNIA MARQUEE CITY HALL MARQUEE REPAIR - RPLC 480.00

ELECTRIC TILE
65735 02/22/24 Printed 7174TD CHARTER COMMUNICATIONS FEB 2024 SVCS CABLE TV, & 2,652.33

INTERNET SVCS
CINTAS FIRST AID & SAFETY 132.30
0168
65736 02/22/24 Printed 1729X FEB 2024 ZOLL 3 AED SVC - PW YARD COMMERCIAL DOOR OF LOS 2,302.00

ANGELES
65737 02/22/24 Printed 1900D HELEN ROSAS BLDG - REPAIR DOOR ROOM #3 RODS/CAPS
65738 02/22/24 Printed 2786MN MARIANA ESTRADA 01.03 - 01.10.24 ZUMBA INSTRUCTOR 200.00 HOWROYD-WRIGHT 2,719.56

EMPLOYMENT
65739 02/22/24 Printed 0558M W/E 02.03.24 CLERICAL AID2 - 2 65740 02/22/24 Printed 4676I MACLEOD WATTS INC FY22/23 GASB 75 ACTUARIAL REPORT 2,125.00 65741 02/22/24 Printed 5682GC PARKS COFFEE CALIFORNIA COFFEE SUPPLIES 60.43 65742 02/22/24 Printed 6266 LUIS ROA REIMB 2024 ICA WINTER SEMINAR 295.99

LODGE - MAR MONTE HOTEL
65743 02/22/24 Printed 7612 ELIZABETH VIGIL REIMB EMP/CELL PHN/JUL 2023 320.00 SOUTHERN CALIF EDISON 33.47

COMPANY
65744 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 380.21

COMPANY
65745 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 7,968.25

COMPANY
65746 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 31.05

COMPANY
65747 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 30.80

COMPANY
65748 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 6,528.38

COMPANY
65749 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 31.33

COMPANY
65750 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 7.89

COMPANY
65751 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
SOUTHERN CALIF EDISON 7.65

COMPANY
65752 02/23/24 Printed 6801 01.11 - 02.11.24 SER PER
Total Checks: 23 Checks Total (excluding void checks): 39,201.14 Total Payments: 23 Bank Total (excluding void checks): 39,201.14 Total Payments: 23 Grand Total (excluding void checks): 39,201.14 Attachment B
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 02/17/24 TO 03/01/24
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 3:46 pm
Date: 03/05/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
1057444 02/22/24 Printed 0310W ALL CITY ANIMAL TRAPPING 02.07.24 22310 WARDHAM AVE 75.00

REMOVED ONE DEAD OPOSSUM
1057445 02/22/24 Printed 3219D VANESSA GARCIA 01.30 - 02.09.24 ZUMBA INSTRUCTOR 150.00 1057446 02/22/24 Printed 3444M GRANICUS LLC 01.30.24 - 01.29.25 SUBSCRIPT - 1,577.32

DISCLOSURE DOCS
1057447 02/22/24 Printed 3615EF HAWAIIAN GARDENS HAND JAN 2024 CAR WASH 233.00

TRANSPORTATION
1057448 02/22/24 Printed 3788 HOTWIRE ELECTRIC INC WELL LIGHT WIRING, METER, & 675.00

PHOTOCELL - PIONER PARK
1057449 02/22/24 Printed 6691V MCLEAN ENTERPRISES INC CITY ENVELOPES - WINDOW 2,217.64 1057450 02/22/24 Printed 7689M NEXUS HOLDING LLC MAINT/REPAIR EAST ENTRANCE 2,579.30

PUSH BAR - CRL
1057451 02/22/24 Printed 6269MC CRISTIAN RODRIGUEZ 02.27 - 03.01.24 PER DIEM CPRS 207.50

CONFERENCE
STANDARD INSURANCE 7,023.99

COMPANY
1057452 02/22/24 Printed 6928C DEC 2023 SUPPLEMENTAL LIFE

INSURANCE
STAPLES BUSINESS 121.69

ADVANTAGE
1057453 02/22/24 Printed 6932-FINN CITY HALL BREAKROOM SUPPLIES STAPLES BUSINESS 829.52

ADVANTAGE
1057454 02/22/24 Printed 6932-RECC TRANSPORTATION SUPPLIES/TONER STAPLES BUSINESS 419.00

ADVANTAGE
1057455 02/23/24 Printed 6932-FINN OFFICE SUPPLIES/CITY HALL

BREAKROOM SUPPLIES
Total EFTs: 12 EFTs Total (excluding void checks): 16,108.96 Total Payments: 12 Bank Total (excluding void checks): 16,108.96 Total Payments: 12 Grand Total (excluding void checks): 16,108.96 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 02/17/24 TO 03/01/24
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 1
Time: 3:48 pm
Date: 03/05/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-ONLINE PYMTS Checks
BANK OF THE WEST-BANK 1,151.62

CHARGES
2289 JAN 2024 - BANK FEE CHARGES 02/01/24 Printed 0821BC 2290 JAN 2024 02/15/24 Printed 7174TC CHARTER COMMUNICATIONS SVCS CABLE TV, INTERNET, 1,112.17

PHONE & STREAMING
Total Checks: 2 Checks Total (excluding void checks): 2,263.79 Total Payments: 2 Bank Total (excluding void checks): 2,263.79 Total Payments: 2 Grand Total (excluding void checks): 2,263.79

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B3
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE TREASURER’S REPORT FOR OCTOBER, NOVEMBER AND DECEMBER 2023

SUMMARY
The attached Treasurer’s Reports provide balances for the months of October, November and December 2023. During this period, the City investments were in compliance with the Investment Policy and the City had sufficient cash reserves to meet the expenditure requirement for operations for the next six (6) months.

The City maintains checking accounts for general operations, payroll, and the housing account. In addition, we maintain an investment account with LAIF. Funds are also retained by the Bank of New York Mellon for the Successor Agency Bond payments.

The general operating account and LAIF represent cash transactions for multiple funds (Pooled Cash) with the amount available for each fund tracked in the general ledger.

Interest earned through LAIF is allocated to each fund based on the balance shown in the general ledger. The attached detail report provides balances by Fund as of December 2023.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Treasurer's Report October 2023
B. Treasurer’s Report November 2023
C. Treasurer’s Report December 2023
D. PMIA-LAIF Monthly Yields

ATTACHMENT A

CITY OF HAWAIIAN GARDENS
Operating Accounts
Treasurer's Report
As of October 2023
General Bank Account-Bank of the West - Pooled Cash
Payroll Bank Account-Bank of the West- ZBA
Section 8-Housing Operating Account-Bank of the West
Investment Accounts
Local Agency Investment Fund-Pooled Cash
Total Cash & Cash Equivalents Invested by City Treasurer Percent of
Total

17.2%

0.0%

0.0%

82.8%
Amount
6,625,491
6,611
31,860,500
38,492,601
----------17.2%
Not Included in above:

Petty Cash
Sucessor Agency Cash - BNY
Total Cash Per City's Books
• General Bank Account-Bank of the West
• Section 8-Housing Operating Account-Bank of the West

0.0%
• Local Agency Investment Fund-General
4,150
1,112
38,497,863
I certify that the City of Hawaiian Gardens investments have at all times, during the period of October 2023, been in compliance with its Investment Policy and the City has had sufficient cash reserves for six months of operations.

Date
Prepared without audit and subject to audit adjustment.

ATTACHMENT B

CITY OF HAWAIIAN GARDENS
Operating Accounts
Treasurer's Report
As of November 2023
General Bank Account~Bank of the West - Pooled Cash
Payroll Bank Account-Bank of the West- ZBA
Section 8-Housing Operating Account-Bank of the West
Investment Accounts
Local Agency Investment Fund-Pooled Cash
Total Cash & Cash Equivalents Invested by City Treasurer Not Included in above:

Petty Cash
Sucessor Agency Cash - BNY
Total Cash Per City's Books
Percent of
Total Amount

10.9%

0.0%

0.0%

89.1 %
• General Bank Account-Bank of the West
3,896,082
12,331
31,860,500
35,768,913
• Section 8-Housing Operating Account-Bank of the West

89.1%
• Local Agency Investment Fund-General
4,150
2,801 ,063
38,574,126
I certify that the City of Hawaiian Gardens investments have at all times, during the period of November 2023, been in compliance with its Investment Policy and the City has had sufficient cash reserves for six months of operations.

Prepared without audit and subject to audit adjustment.

ATTACHMENT C

CITY OF HAWAIIAN GARDENS
Operating Accounts
Treasurer's Report
As of December 2023
General Bank Account~Bank of the West - Pooled Cash
Payroll Bank Account-Bank of the West- ZBA
Section 8-Housing Operating Account-Bank of the West
Investment Accounts
Local Agency Investment Fund-Pooled Cash
Total Cash & Cash Equivalents Invested by City Treasurer Not Included in above:

Petty Cash
Sucessor Agency Cash - BNY
Total Cash Per City's Books
Percent of
Total Amount

10.4%

0.0%

0.1%

89.5%
• General Bank Account.Bank of the West
3,717,145
23,050
31,860,500
35,600,695
II Section 8-Housing Operating Account-Bank of the West

89.5%
• Local Agency Investment Fund-General
4,150
2,801,063
38,405,908
I certify that the City of Hawaiian Gardens investments have at all times, during the period of December 2023, been in compliance with its Investment Policy and the City has had sufficient cash reserves for six months of operations.
3/4 /)-y
Date
Prepared without audit and subject to audit adjustment.

Fund Fund Description
01 General Fund
Restricted Funds:
02 Gas Tax Fund
03 P_ublic Safety
05 Clean Air
06 Proposition C
07 Proposition A
09 TOA
10 CDBG
12 SELACO
14/30/31 CIP
16 Cal Recycle
17 CARES ACT
18 ARPA
19 Measure W
20 SB2
21 LLAD
22 SB 1 Road & Rehabilitation
23 Measure M
24 Measure R
26 Grant Funding
27 Homeless Grant
28 Section 8 Housing
29 PHA - LowMod Housing
51-54 Successor Agency
Sub-total
Total-All Funds

CITY OF HAWAIIAN GARDENS

BALANCE SHEET SUMMARY BY FUND
AS OF DECEMBER 2023
(Subject to Audit Adjustments)
.------,,c,...a""'sh,---.------,,O"""'th'""e-r--.---=T-ota.,....,..I --, .-----,T""'o-.ta"""l,------,-=T'""ota.,....,..I ""'Fu_n_d,..........,T""'o..,ta""'l,....,...Li,-a.,...b .......

Balance Assets (A) Assets Liabilities (B) Balance (C) & Fund Bal ,__ ____ ,__ ___ __. ______ _ 22,731 ,727 I 4,898,561 1 21,630,287 1 2,612,210 25,018,078 27,630,287 221 ,934 - 221,934 413 221 ,521 221 ,934
168,911 - 168,911 86,159 82,752 168,911
75,634 - 75,634 - 75,634 75,634.
315,792 - 315,792 119 315,673 315,792
90,467 - 90,467 119 90,348 90,467
13,628 13,628 27,25~ - 27,256 27,256
(7,722) 496,093 488,370 496,885 (8,515) 488,370
(44,863) - (44,863) 4,050 (48,913) (44,863)
2,979,321 2,979,321 104,770 2,874,551 2,979,321
19,489 19,489 14,433 5,056 19,489
- - - - - -
2,235,421 2,235,421 2,235,421 - 2,235,421
213,387 213,387 426,775 - 426,775 426,775
- - - - - -
(25,826) - (25,826) 3,587 (29,412) (25,826)
688,986 - 688,986 - 688,986 688,986
805,096 - 805,096 - 805,096 805,096
924,357 - 924,357 - 924,357 924,357
(1 ,089,413) 1,089,413 - 1,089,413 (1 ,089,413) -
- - - - - -
(9,948) - (9,948) - (9,948) (9,948)
1,692,524 - 1,692,524 10,545 1,681 ,979 1,692,524
6,407,006 793,888 7,200,894 32,493,073 (25,292,180) 7,200,894 15,674,181 2,606,409 18,280,591 36,538,987 (18,258,396) 18,280,591 3a,4o5,9oa I 1,504,970 I 45,910,a1a I 39,151,19s I s,159,sa1 1 45,910,a1s 1 NOTE: Balances may change if additional accruals are received. (A) Other assets represent outstanding receivables due to the City. (B) The City's liabilities include accounts payable and various deposits. Liability in Fund 53 is reserved for bond payments. (C) The City's Fund Balance is equal to assets minus liabilities.

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B4
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:

Recommendation to approve the minutes for the City Council meeting of Wednesday, February 28, 2024; and the Joint Meeting of the City Council and Planning Commission of Wednesday, February 21, 2024.

SUMMARY
The City Clerk’s Office is to prepare and present the meeting minutes to City Council for review and approval.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. February 28, 2024 - City Council Minutes
B. February 21, 2024 - Joint Meeting of the City Council and Planning Commission Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, February 28, 2024
Regular Meeting, 6:00 PM
Ernesto Marquez,City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk

MINUTES
CALL TO ORDER
The City Council meeting was called to order on Wednesday, February 28, 2024 at 6:08 PM.

INVOCATION
The invocation was led by Pablo Rubio, City Clerk.

FLAG SALUTE
The flag salute was led by Mayor Pro Tem De Paula.

ROLL CALL

PRESENT
Councilmember Roa
Councilmember Vargas
Mayor Pro Tem De Paula
Mayor Farfan
ABSENT
1 Councilmember Del Rio
Pablo Rubio, City Clerk, announced a quorum.

PUBLIC COMMENTS ­ GENERAL OR ITEMS ON OR OFF THE AGENDA Reynaldo Rodriguez spoke.

PROCLAMATIONS AND CERTIFICATES

1. RECOGNITION OF PARTICIPANTS FROM STUDENT GOVERNMENT DAY 2024 Mayor Farfan presented the certificates to the students.

Laura Lull, Rainbow Services, CEO, provided a PowerPoint presentation.

Griselda Marquez, Rainbow Services, Community Outreach Manager, continued the PowerPoint presentation.

Mayor Pro Tem De Paula spoke.

2. RECOGNITION OF BEARS AND ROSES FOR 30 YEARS OF BUSINESS IN THE CITY Mayor Farfan presented a plaque to Bears and Roses.

Mayor Farfan declared a recess at 6:36 PM.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 1
Attachment A
Laura Lull, Rainbow Services, CEO, provided a PowerPoint presentation.

Griselda Marquez, Rainbow Services, Community Outreach Manager, continued the PowerPoint presentation.

Mayor Pro Tem De Paula spoke.

2. RECOGNITION OF BEARS AND ROSES FOR 30 YEARS OF BUSINESS IN THE CITY Mayor Farfan presented a plaque to Bears and Roses.

Mayor Farfan declared a recess at 6:36 PM.

Mayor Farfan called the meeting back to order at 6:48 PM.

3. PROCLAMATION FOR TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH Mayor Farfan presented a proclamation to Rainbow Services, Ltd.

PRESENTATIONS
There were no Presentations.

AGENDA ORGANIZATION
The proclamation for teen dating violence awareness and prevention month was considered before the recognition of Bears and Roses.

A. PUBLIC HEARING(S) / HEARING(s)
There were no Public Hearings.

B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to receive and file warrants processed during the period of February 3 to February 16, 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 2
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to receive and file warrants processed during the period of February 3 to February 16, 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

3. Recommendation to receive and file the Beautification Program updated report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

4. Recommendation to receive and file the Community Development Department, Code Enforcement Division Report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

5. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 3
AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

5. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

6. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

7. Recommendation to receive and file the Public Works Department Permits Report for the month of January 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

8. Recommendation to approve the minutes for the City Council meeting of Wednesday, February 14, 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt CtCldtdiittit

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 4
AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

8. Recommendation to approve the minutes for the City Council meeting of Wednesday, February 14, 2024.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to adopt Consent Calendar as presented, in its entirety.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0
C. DISCUSSION ITEM(S)

1. Recommendation to conduct second reading of Ordinance No. 2024­616, amending the Municipal Code regarding possession, service, and consumption of Alcoholic Beverages in Public Places; and adopt Resolution No. 004­2024, establishing a policy regulating Alcoholic Beverages in public places.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to approve recommendation and adopt Ordinance No. 2024­616.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0
Megan Garibaldi, City Attorney, provided the staff report.

2. Recommendation to adopt Resolution No. 005­2024, approving the reallocation of special event funds to support the 60th Anniversary Carnival and Parade.

SUGGESTED ACTION: Approve Recommendation.

Joe Jimenez, Recreation and Community Services Director, provided the staff report.

Councilmember Roa spoke.

Mayor Pro Tem De Paula spoke.

Mayor Farfan spoke.

Ernesto Marquez, City Manager, spoke.

CouncilmemberVargasspoke

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 5
SUGGESTED ACTION: Approve Recommendation.

Joe Jimenez, Recreation and Community Services Director, provided the staff report.

Councilmember Roa spoke.

Mayor Pro Tem De Paula spoke.

Mayor Farfan spoke.

Ernesto Marquez, City Manager, spoke.

Councilmember Vargas spoke.

Mayor Pro Tem De Paula spoke.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to approve recommendation and adopt Resolution No. 005­2024.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

3. Recommendation to award a Professional Services Agreement to Nichols Consulting Engineers (NCE) for preparation of the citywide pavement management program, sidewalk and curb ramp survey, and asset inventory; and authorize the Public Works Manager to request additional pavement management related services from the consultant within the budgeted amount.

SUGGESTED ACTION: Approve Recommendation.

Neema Ghanbari, Public Works Manager, presented the staff report Mayor Pro Tem De Paula spoke.

Neema Ghanbari, Public Works Manager, spoke.

Ernesto Marquez, City Manager, spoke.

Councilmember Vargas spoke.

Mayor Farfan spoke.

Mayor Pro Tem De Paula spoke.

A motion was made by Mayor Pro Tem De Paula, seconded by Councilmember Roa, to approve recommendation.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

4. Recommendation to approve a donation to the Lakewood Sheriff's Station.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 6
A motion was made by Mayor Pro Tem De Paula, seconded by Councilmember Roa, to approve recommendation.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0

4. Recommendation to approve a donation to the Lakewood Sheriff's Station.

SUGGESTED ACTION: Approve Recommendation.

Pablo Rubio, City Clerk, presented the staff report.

Ernesto Marquez, City Manager, spoke.

Mayor Pro Tem De Paula spoke.

Los Angeles County Sheriff’s Deputy spoke.

Councilmember Roa spoke.

A motion was made by Councilmember Roa, seconded by Mayor Pro Tem De Paula, to approve recommendation.

The motion was carried by the following vote:

AYES: 4; Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 1; Del Rio
RECUSE: 0;
Motion carried: 4–0–1–0
D. COMMITTEE REPORT(S)
There were no Committee Reports.

E. NEW BUSINESS
There were no New Business items.

F. ORAL STAFF REPORT(S)
Joe Jimenez, Recreation and Community Services Director, announced that a low cost mobile dog and cat vaccine clinic will be held on Tuesday, March 12, 2024.

Pablo Rubio, City Clerk, provided an update on Vote Centers for the March 5, 2024, Presidential Primary Election.

Neema Ghanbari, Public Works Manager, announced a block clean up on Saturday, March 9, 2024.

G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 7
Joe Jimenez, Recreation and Community Services Director, announced that a low cost mobile dog and cat vaccine clinic will be held on Tuesday, March 12, 2024.

Pablo Rubio, City Clerk, provided an update on Vote Centers for the March 5, 2024, Presidential Primary Election.

Neema Ghanbari, Public Works Manager, announced a block clean up on Saturday, March 9, 2024.

G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.

H. ORAL COUNCIL REPORT(S)
Councilmember Roa asked how a resident can request to participate in the parade.

Mayor Pro Tem De Paula thanked parents and stakeholders who attended the recent ABCUSD town hall meetings and reported that our school will remain open.

Mayor Farfan thanked the families and children who spoke and advocated for our schools.

Councilmember Roa was very impressed by how the community came together to support our local schools; and thanked Mariana Rios for representing the city on the committee.

Councilmember Vargas requested that residents continue to go to school meetings to support the schools.

Mayor Pro Tem De Paula was thankful that the Hawaiian Gardens ABCUSD town hall meetings provided childcare and transportation for residents.

I. CLOSED SESSION
There were no Closed Session items.

J. ADJOURNMENT
The City Council adjourned the meeting at 6:48 PM to the next Regular City Council meeting to be held on Wednesday, March 13, 2024 at 6:00 PM.

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 28, 2024 Page 8
CITY OF HAWAIIAN GARDENS
JOINT MEETING OF THE CITY
COUNCIL & PLANNING COMMISSION

MINUTES
CITY COUNCIL
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Victor Farfan, Mayor
Axzel Roman,
Chairmember
Wednesday, February 21, 2024
Special Meeting, 6:00 PM
PLANNING COMMISSION
Anna Rodriguez, Vice Chairmember
Luis Gonzalez, Commissioner
Fabiola Hernandez, Commissioner
Grant Winford, Commissioner
Patrick Donegan, Assistant City Attorney

MINUTES
CALL TO ORDER
The Joint Meeting of the City Council and Planning Commission was called to order on Wednesday, February 21, 2024 at 6:03 PM.

ROLL CALL

PRESENT
Councilmember Del Rio
Councilmember Roa
Mayor Pro Tem De Paula
Mayor Farfan
Commissioner Gonzalez
Commissioner Winford
Vice Chairmember Rodriguez
Chairmember Roman
ABSENT
2 Councilmember Vargas
Commissioner Hernandez
Pablo Rubio, City Clerk, announced a quorum.

PUBLIC COMMENTS ­ GENERAL OR ITEMS ON OR OFF THE AGENDA There were no Public Comments.

DISCUSSION ITEM(S)

1. Recommendation to solicit public comment and conduct joint study session on the Housing Element to discuss potential housing sites.

Elise McCaleb, Community Development Director, spoke.

Grant Henninger, Mobius Planning, provided a presentation.

John Natalizio, Assistant City Attorney, provided an update on the lawsuit and judgment.

Elise McCaleb, Community Development Director, recused herself from Site 1.

Commissioner Gonzelez recused himself from Site 1.

CilbRdhilffSi3

CITY COUNCIL AND PLANNING COMMISSION MINUTES

JOINT SPECIAL MEETING
FEBRUARY 21, 2024 Page 1
Attachment B
DISCUSSION ITEM(S)

1. Recommendation to solicit public comment and conduct joint study session on the Housing Element to discuss potential housing sites.

Elise McCaleb, Community Development Director, spoke.

Grant Henninger, Mobius Planning, provided a presentation.

John Natalizio, Assistant City Attorney, provided an update on the lawsuit and judgment.

Elise McCaleb, Community Development Director, recused herself from Site 1.

Commissioner Gonzelez recused himself from Site 1.

Councilmember Roa recused himself from Site 3.

Commissioner Winford recused himself from Sites 6 and 7 Mayor Farfan recused himself from Sites 6 and 7.

Mayor Pro Tem Dandy De Paula recused himself from Site 10.

Mayor Farfan recused himself from Site 10.

A discussion ensued between the City Councilmembers, Planning Commissioners, and staff about the sites identified for the Housing Element Update.

ADJOURNMENT
The Joint Meeting of the City Council and Planning Commission was adjourned at 8:29 PM. CITY COUNCIL AND PLANNING COMMISSION MINUTES

JOINT SPECIAL MEETING
FEBRUARY 21, 2024 Page 2

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C1
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:

RECOMMENDATION TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE

THE PUBLIC WORKS MANAGER TO ADVERTISE AND SEEK PUBLIC BIDS FOR CARSON STREET BEAUTIFICATION PHASE II, PROJECT 108 – FROM NORWALK

BOULEVARD TO BLOOMFIELD AVENUE

SUMMARY
The city’s Consultant, Infrastructure Engineers (IE) has completed the plans and specifications for Carson Street Beautification Phase II, Project 108 – from Norwalk Boulevard to Bloomfield Avenue and is being submitted to the City Council’s approval and authorization for the Public Works Manager to seek public bids.

On July 12, 2022, the City Manager executed the Request for Service with IE and their subconsultants to provide design services for Carson Street Beautification Phase II. Phase II of the Carson Street Beautification mirrors phase I of Carson Street – Streetscape Improvement.
• Phase I Project budget was $3,140,850, funded by the City's General Fund. • Construction started in May 2017 and was completed in March 2018 • Twenty-eight change orders were issued for various construction-related items ($239,781) and additional City requested work ($106,903), totaling $346,684; and the final construction cost was $2,723,748.

The proposed Phase II improvements on Carson Street include removing existing trees and brick paving bands; constructing new ADA compliant curb ramps, curbs and gutters, sidewalks, and driveway approaches; planting new drought tolerant plants and upgrading landscaping including street trees, shrubs, and ground covers; installing new weatherbased irrigation controller and automatic dripline irrigation system in all landscape areas, new pedestrian lighting; installing new signage and graphics including new monument and directional signs; cold milling existing AC pavement and AC overlay; furnishing and installing new bus shelters and trash receptacles; and installing traffic signal loop detectors, traffic striping, signing, and pavement markings.

Agenda Item #C1
March 13, 2024

Page 2 ends

The plans have been reviewed and approved by the City Engineer and the project is now ready to be advertised for competitive bids. The Project plans and specifications will be available for review in the City Clerk’s office.

FISCAL IMPACT
The City Council has appropriated $2,520,000 in the fiscal year 2022-23 and $1,050,000 in the fiscal year 2023-24 budget for the Carson Street Beautification-Phase II Project. The fund breakdown is shown below:

Item Fund Budget
1 ARPA $1,800,000
2 Reserves/General $1,020,000
3 Measure R $300,000
4 Measure M $300,000
5 Measure W $150,000
Total $3,570,000
The Engineer’s estimate of the construction cost is about $4,200,000 and the estimated project expenses are as follows:

Description Cost
Design $282,348
Construction $4,200,000
Construction Contingency (10%) $420,000
Construction Management, Inspection & Material Testing $488,000 Estimated Project Cost $5,390,348
Based on the estimated project cost, an estimated deficit balance of $1,820,000 is anticipated due to inflation. The actual deficit will be determined after receipt of the bids.

After the bid opening, staff will bring this item to the City Council for award recommendation and request for additional funding.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT
A. Project Location Map
ATTACHMENT A: PROJECT LOCATION MAP
CARSON STREET BEAUTIFICATION (PHASE II), PROJECT 108

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C2
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:

RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO

TOOLE DESIGN GROUP FOR PREPARATION OF THE CITYWIDE BICYCLE

MASTER PLAN AND AUTHORIZE THE PUBLIC WORKS MANAGER TO REQUEST

ADDITIONAL RELATED SERVICES FROM THE CONSULTANT WITHIN THE

BUDGETED AMOUNT

SUMMARY
In 2022, the California Department of Transportation (Caltrans) notified agencies regarding the Active Transportation Program (ATP) Cycle 6 funding opportunity to encourage increased use of active modes of transportation, such as biking and walking.

In 2023, the engineering division staff applied for the ATP Cycle 6 grant funding and was pleased to inform the City Council that $370,000 was awarded to prepare and develop the City of Hawaiian Gardens Bicycle Master Plan (Plan).

The Plan will be consistent with the City’s existing General Plan and Complete Streets policies, and will include public outreach, and the development of detailed system maps.

The goal of the project is to update the City’s existing bike route system for development of a convenient transportation alternative to motor vehicles for residents, visitors, and commuters and will be considered a Citywide Bicycle Master Plan to be incorporated into Circulation Element of the City’s General Plan with the following objectives:
• Update and amend current goals, policies, and programs regarding citywide bicycle access and safety.
• Meet the requirements of the current bicycle grant program/Active Transportation Program (ATP).
• Identify and improve upon a comprehensive interconnected network of existing and planned bikeways and trails for transportation and recreation purposes.

Agenda Item #C2
March 13, 2024

Page 2 ends

• Identify areas with high levels of bicycle activity where improvements can be costeffective and beneficial. • Identify funding sources and strategies for implementation of the proposed projects. Specifically, develop a strategy for the use of various available federal, state, and regional grant programs.
• Develop geographic information diagrams for the recommended bicycle, and trail improvements in a form that can continue to be modified and presented to the public.
• Hold meetings of Active Transportation Community Advisory Committee (CAC) comprised of stakeholders representing neighborhood groups, schools, businesses, public health, regional agencies i.e. COG, active transportation experts, advocates, and civic leaders quarterly and assist in developing a plan. • Create a bi-lingual (English and Spanish) website and social media page for plan announcements, documents, and FAQs and receive community input. An online and paper survey including graphic design for media outlets shall be developed. • Host community workshops at City Hall and School sites at varying times to optimize community engagement on new bicycle facilities, locations, and supporting features. Community meetings shall be conducted in English and Spanish with a translator.

On January 23, 2024, the Request for Proposal (RFP) for the preparation of the Citywide Bicycle Master Plan was prepared by engineering staff and advertised in Los Cerritos Community Newspaper and on the City’s website.

On February 12, 2024, the Public Works Department received four (4) Proposals from the following firms:
• CR Associates (CRA) of Los Angeles, CA
• KAO A Lochner Company of Monterey Park, CA
• Michael Baker International, Inc., of Carlsbad, CA
• Toole Design Group, of Los Angeles, CA
The proposals were reviewed and evaluated based on general responsiveness to the City’s RFP, staff and firm experience with projects in similar size and scope of work, consultant’s approach/methodology, hours and level of effort, and ability to meet the City’s schedule and expectations.

After a thorough evaluation of all proposals by the engineering staff, Toole Design ranked the highest score among all the participants with a proposal amount of $360,017 for the preparation of the Citywide Bicycle Master Plan.

Agenda Item #C2
March 13, 2024

Page 3 ends

Toole Design Group has extensive experience in the preparation of Bicycle Master Plan for numerous public agencies including LA County, Caltrans, OCTA, Irvine, Long Beach, Glendale, Santa Clara, and Huntington Beach.

The consultant will update the existing and proposed bicycle facilities from the 2012 Bikeway Maps and will:

A) Review bicycle safety goals. Update as needed to continue to reflect relevant City goals and policies and implement actions of the Circulation Element of the General Plan, Complete Streets, and other City requirements.

B) Update as needed the Plan to reflect relevant goals set by the county, regional, state, and federal levels, and incorporate appropriate, feasible guidelines and/or concepts of the Urban Bikeway Design Guide published by the National Association of City Transportation Officials into the Bicycle Master Plan.

C) Update to reflect current information regarding Major Activity Centers, Major Employment Centers, and Multimodal Connections.

D) Collect and summarize the data for Hawaiian Gardens with respect to trends in bicycle trip growth as compared to investments in bicycle infrastructure.

E) Include Complete Streets and Active Transportation best practices and recommendations and include a discussion of modal priority.

F) Discuss how the Bicycle Master Plan will be integrated with adjacent jurisdictions’ bike plans, the Multimodal Priorities, the Countywide Bicycle Plans, and the Regional Bicycle Plans, including policies, priorities, and funding.

FISCAL IMPACT
The project was funded by the Caltrans ATP Cycle 6 program and included in the approved Capital Improvements Program budget. Staff recommends that the City Council award a contract to Toole Design Group in an amount not to exceed $360,017/budgeted amount.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT(S)
A. Citywide Bicycle Master Plan RFP
B. Professional Services Agreement with Toole Design
City of Hawaiian Gardens
Public Works Department
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
(562) 420-2641

REQUEST FOR PROPOSALS (RFQ/RFP)
FOR

BICYCLE MASTER PLAN
Reviewed By:

Yunus Rahi, P.E., T.E., City Engineer
Approved for
Advertising By:

Neema Ghanbari, Public Works Manager

SUBMITTAL DEADLINE
12:00 p.m. on Monday, February 12, 2024
Email Proposals to [email protected]
Neema
Ghanbari
Digitally signed by Neema
Ghanbari
Date: 2024.01.23 14:10:09
-08'00'
1 INTRODUCTION
The City of Hawaiian Gardens, Public Works Department, is requesting a proposal from a qualified transportation consultant or team specializing in multi-modal mobility and bicycle planning to provide professional and technical planning services to prepare the City of Hawaiian Gardens’ Bicycle Master Plan (Plan).

This effort will be considered a Citywide Master Plan to be incorporated into Circulation Element of the City’s General Plan. The Plan must be consistent with the City’s existing General Plan and Complete Streets policies, and will include public outreach, and the development of detailed system maps. The goal of the project is to update the City’s existing bike route system for development of a convenient transportation alternative to motor vehicles for residents, visitors, and commuters with the following objectives:
• Update and amend current goals, policies, and programs regarding citywide bicycle access and safety.
• Meet the requirements of the current bicycle grant program/Active Transportation Program (ATP).
• Identify and improve upon a comprehensive interconnected network of existing and planned bikeways and trails for transportation and recreation purposes. • Identify areas with high levels of bicycle activity where improvements can be cost-effective and beneficial.
• Develop a description of all proposed facilities, including cross-sections, rightof-way width needed, estimated cost, agency coordination needed, ownership, proposed street crossings, etc.
• Prioritize proposed projects into short-term and long-term timeframes with high, medium, and low priorities.
• Identify funding sources and strategies for implementation of the proposed projects. Specifically, develop a strategy for the use of various available federal, state, and regional grant programs.
• Develop geographic information diagrams for the recommended bicycle, and trail improvements in a form that can continue to be modified and presented to the public.
• Hold meetings of Active Transportation Community Advisory Committee (CAC) comprised of stakeholders representing neighborhood groups, schools, businesses, public health, regional agencies i.e. COG, active transportation experts, advocates, and civic leaders quarterly and assist in developing a plan. • Create a bi-lingual (English and Spanish) website and social media page for plan announcements, documents, and FAQs and receive community input. An online and paper survey including graphic design for media outlets shall be developed.
• Host a minimum of four community workshops at City Hall and School sites at varying times to optimize community engagement on new bicycle facilities, locations, and supporting features. Community meetings shall be conducted in English and Spanish with a translator.
2 The Scope of Services is listed in Section 3 and should be used only as a guide to complete the project. It is subject to interpretation and the proposers are encouraged to modify or add to this list in their proposal as deemed necessary.

The City is open-minded on the process that can best be applied to achieve the desired work product and, therefore, seeks creative firms with original ideas and a complete and demonstrated understanding of how to execute these concepts.

While the City intends to award the contract to the selected consultant, it reserves the right to withdraw and/or not award a contract at any time if it so desires. This solicitation is consistent with California Government Code Sections 4525-4529.5 ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services.

Should an award be made, the selected consultant(s) will enter into a professional services agreement with the City of Hawaiian Gardens to provide these services.

The City anticipates a contract start date around February/March 2024.

1. PROJECT SCHEDULE
The anticipated project schedule flow is as follows:

1. RFP Submittal Deadline: 12:00 p.m. on Monday, February 12, 2024

2. Shortlist Firms based on qualifications

3. Consultant Interview/Selection Period

4. Determination of Most Qualified Firm(s)

5. Negotiation of Contract and Final Scope of Work

6. Contract Award (February/March 2024)

2. BACKGROUND
The City of Hawaiian Gardens was incorporated in 1964 and has a population of approximately 14,000 residents. There are 2.5 miles of arterial streets or approximately 760,000 square feet. Total Streets and alleys mileage is 18 miles, approximately 3,300,000 square feet. All the lengths reported are roadway miles, not lane miles.
• City of Hawaiian Gardens General Plan 2010
The General Plan provides policies and programs to guide land use, housing, and mobility. The Circulation Element includes street classifications, arterialarterial intersection, traffic volumes and LOS, and policies to promote pedestrian and bicycle safety.
3 • City of Hawaiian Gardens Bikeway Map 2010
The City’s existing and proposed bikeways shown on map (Exhibit C). • Local Road Safety Plan 2020
The Local Road Safety Plan (LRSP), developed in 2020, created a guide to understanding transportation safety issues citywide in Hawaiian Gardens by analyzing collision data. The LRSP is used to develop safety enhancements that will lead to zero traffic fatalities and severe injury collisions on Hawaiian Gardens’ streets.

3. SCOPE OF WORK

3.1 GENERAL
The Scope of Services is not definitive and is intended only as a guide to illustrate the minimum project requirements.

3.2 WORK ELEMENTS

3.2.1 Kick-off Meeting
The consultant shall meet with City staff and others to review the purpose of the project, scope of work and project goals. The Plan will incorporate the City’s 2010 General Plan and other relevant plans, policies, and guidelines. An initial project schedule shall be developed and submitted to staff at the meeting. The consultant shall prepare and deliver a more detailed schedule following the kickoff meeting. The City will provide the Consultant with all relevant documents and a list of stakeholders.

3.2.2 Public Outreach and Meetings
Public input will be implemented in a number of ways during different stages of the Plan development process, including working with the City’s Active Transportation Community Advisory Committee (CAC). The Consultant shall attend and facilitate the discussion at up to four CAC meetings. The Consultant shall also attend and be available to answer questions at meetings of the Planning Commission, Public Safety Commission, and City Council meetings.

The consultant’s task includes the preparation of agendas, accompanying materials, and meeting notes. The consultant shall prepare notices in print and web format, prepare a Power Point presentation, and prepare the meeting agenda and minutes.

Deliverables 3.2.2: Consultant shall develop meeting agenda, notices, PowerPoint presentations, and meeting minutes within one week of the meeting. 4 3.2.3 Chapter 1: Introduction
The Consultant shall develop the Introduction Chapter of the Bicycle Master Plan to meet the City of Hawaiian Gardens General Plan and the City’s Complete Streets Policy.

Deliverables 3.2.3: Technical memorandum summarizing Plan Introduction (one administrative draft version, one working group draft, and one final draft).

3.2.4 Chapters 2: Vision, Goals & Policies
The consultant shall:
a) Review bicycle safety goals. Update as needed to continue to reflect relevant City goals and polices and implementing actions of the Circulation Element of the General Plan, Complete Streets, and other City requirements.
b) Update as needed the Plan to reflect relevant goals set by the county, regional, state, and federal level, and incorporate appropriate, feasible guidelines and/or concepts of Urban Bikeway Design Guide published by National Association of City Transportation Officials into the Bicycle Master Plan.
c) Update to reflect current information regarding Major Activity Centers, Major Employment Centers, and Multimodal Connections.
d) Collect and summarize the data for Hawaiian Gardens with respect to trends in bicycle trip growth as compared to investments in bicycle infrastructure.
e) Include Complete Streets and Active Transportation best practices and recommendations and include a discussion of modal priority. f) Discuss how the Bicycle Master Plan will be integrated with adjacent jurisdictions’ bike plans, the Multimodal Priorities, the Countywide Bicycle Plans, and the Regional Bicycle Plans, including policies, priorities and funding.

Deliverables 3.2.4: Technical memorandum summarizing Plan’s Vision, Goals and Policies (one administrative draft version, one Working Group draft, and one final draft).

3.2.5 Chapter 3: Bicycle Network
The consultant shall update the existing and proposed bicycle facilities from the 2012 Bikeway Maps.
a) Update data, tables, figures, and maps, including information on the Regional Bicycle Network.
b) Update the Plan summarizing projects completed since the adoption of 5 the 2012 Bikeway Maps.
c) Update total miles of existing trails, bicycle lanes and routes. d) Update maps and descriptions of existing and proposed bicycle transportation facilities.
e) Add a map and description of major barrier/gap closure projects (bridges, freeway crossings, major arterial crossings, etc.).
f) Update and coordinate with Complete Street policies information of design guidelines the City uses for bikeway geometry, striping, and traffic control devices.
g) Add information and/or a map of the existing bicycle parking locations. h) Add a map and description of existing and proposed bicycle transport and parking facilities at transit terminals.
i) Add information of the past implementation of bicycle programs and expenditures.
j) Add information about the estimated number of existing bicycle trips in the plan area, both in absolute numbers and as a percentage of all trips.

Deliverables 3.2.5: Technical memorandum summarizing the Bicycle Network Chapter (one administrative draft version, one Working Group draft, and one final draft).

3.2.6 Chapter 4: Safety, Education and Enforcement
The consultant shall develop contents of the chapter to incorporate safety, education, and enforcement elements as related to bicycle users. a) Develop a map and information concerning the number and location of collisions, serious injuries, and fatalities suffered by bicyclists in the plan area, both in absolute numbers and as a percentage of all trips. b) Develop information concerning education and encouragement programs for bicyclists and pedestrians.
c) Develop components of Safe Routes to School, Safe Routes to Transit, and Security.
d) Develop information on Enforcement.

Deliverables 3.2.6: Technical memorandum summarizing the Safety, Education and Enforcement Chapter (one administrative draft version, one Working Group draft and one final draft).

3.2.7 Chapter 5: Implementation
The consultant shall develop contents of the chapter based on the following elements:
a) Prioritization
b) Bicycle and pedestrian project coordination
c) High priority projects
d) Project expenditure
e) Bikeway facility costs
6 f) Funding strategies
g) Implementation strategies
Deliverables 3.2.7: Technical memorandum summarizing the Implementation Chapter (one administrative draft version, one Working Group draft, and one final draft).

3.2.8 Chapter 6: Design Standards
The consultant shall coordinate with the City’s Complete Streets policies and develop the contents of the chapter. The Consultant shall develop the general design standards for bikeway design. A graphic of each item and text discussion of application of the standards or recommendations should be included. These standards shall include, but are not limited to, the following:
a) The width requirements for all bikeway, trail and sidewalk classifications.
b) The design of bike lanes and trails at intersections. c) The recommendations for bicycle detection at intersections. d) The recommendations for striping and signing.
e) The recommendations for types and placement of bicycle parking. f) The details of bicycle parking and new bicycle parking requirements for various land development types.
g) Develop crosswalk criteria to include Prioritization Policy that will address citizens’ requests and program the project implementation.

Deliverables 3.2.8: Technical memorandum summarizing the Design Guidelines (one administrative draft version, one Working Group draft, and one final draft)

3.2.9 Chapter 7: Trails and Bikeways User Map
The Consultant shall develop a user friendly, easy to read user map that will indicate suitability ratings and the location of all trails and bikeways, as well as support facilities (i.e., bicycle parking) and recreation and activity centers. This map will be distributed to the public as a guide to local trails and bikeways. One side of the map should have the locations of the trails and bikeways while the other side of the map should have educational tips regarding bicycle safety and rules, and other pertinent information to be determined by City staff and the Consultant.

Deliverables 3.2.9: Bikeways and Trails Map (one administrative draft version, one Working Group draft and one final draft)

3.2.10 Format and Deliverables for the Bicycle and Pedestrian Master Plan It is the responsibility of the consulting to provide a first draft (initial), second draft (administrative draft), third draft (public review), and a fourth adopted or final version of the Citywide Bicycle Master Plan. All deliverables and 7 work produced by the consulting team for the Bicycle and Pedestrian Master Plan, whether in hard copy or electronic form, is public record and the property of the City, and may be freely copied, modified, and distributed. a. Electronic Format
All documentation shall be submitted to the City in a compatible electronic format, namely Microsoft Word and Portable Document Format (pdf).

Administrative Draft and later versions shall include a “redline” copy which identifies any changes or deletions from the previous version. The draft and final Bicycle Master Plan will be distributed for comments in a digital format and be made available for download from City’s website. b. Print Format
A minimum of three (3) printed copies in a loose-leaf binder format and one (1) reproduction copy (un-punched) shall be provided for the third draft (public review) and final (adopted) versions. These printed versions shall be used by appointed and elected officials, the City’s Active Transportation Community Advisory Committee (CAC) members, division managers, and as a permanent file reference.
c. Maps, Graphics, and Tables
The consultant shall provide staff with a digital copy of all updated and completed maps, tables, and graphic display work based on the following guidelines. It is necessary for the City to secure geographic information for the recommended bicycle improvements in a form that can continue to be modified and presented to the public. There are three major mapping deliverables from this effort:

1. Mapping exhibits throughout the Plan, including detailed maps for each element of the recommended network.

2. An editable, aesthetically-pleasing, easy-to-use printed map for public distribution.

3. Digital map files will be updated and/or established in AutoCAD format in the City’s coordinate system.

The city and consultant will meet to discuss the existing schematics, proposed additions, and other modifications recommended by consultant. d. File Formats
The consultant shall provide the City with a modifiable/unlocked copy of all digital files used in the creation of the documents, including any jpg, .mxd, .pdf, Microsoft Office, or other file formats on a CD-ROM or USB flash drive. 8 Documents intended for email or download from the website shall not exceed 10 MB in size (due to internal server limitations) and should be compressed or separated into multiple volumes for easy transmittal.

3.2.11 Environmental Review (CEQA)
The environmental review of the plan will be performed by City staff. The consultants should keep in mind that the information collected for the process will be used for the environmental document. Development of the plan document will be closely coordinated with the environmental review process. This is to ensure that significant environmental impacts are avoided in the plan to the extent feasible.

4. PROPOSAL SUBMITTAL
Interested firms shall submit one (1) electronic PDF copy of their qualifications and one (1) electronic PDF copy of the fee schedule (via e-mail or downloadable link) to the City of Hawaiian Gardens by: 12:00 p.m., February 12, 2024. File sizes shall not exceed 5MB.

RFP shall be directed to:Neema Ghanbari, Public Works Manager [email protected]

5. PROPOSAL FORMAT AND CONTENT
a. Format:

The resumes within the RFP shall utilize a format similar to Caltrans Standard Form 330. Part I and II shall be submitted as part of the qualifications. The form can be downloaded from the Department of Transportation website at:
https://dot.ca.gov/programs/procurement-and-contracts/aecontract-information A sample of the preferred resume format is included as Attachment “A”. b. Content:

The Proposal should be prepared simply and economically, providing a straightforward, concise description of the respondent's proposal to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the City's needs.

Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements as directed.

An incomplete Proposal will be considered non-responsive and subject to rejection.
9 The submittal proposals are to contain the following elements: Firm Organization, Credentials, Background – include a brief profile of your firm and any team member’s firm. Identify the project team, including organizational chart and lines of authority, and area of responsibility.

Experience - Consultant’s experience with at least three recent public agency projects, including references with contact person and telephone number, and participation of staff being proposed. Provide evidence that the proposing firm and its personnel and team members have expertise and experience in similar types of projects. Identify the proposed key team members (and their respective firms), and provide their qualifications, including individual experience with projects and number of years with the firm. Provide resumes of each key team member.

6. MISCELLANEOUS
a. Standard City Contract Services Agreement
The consultant will enter into an agreement with the City based upon the contents of the RFP and the consultant’s response. The City’s standard form of agreement is included as Attachment “B”. The consultant shall carefully review the agreement, especially the indemnity and insurance provisions.
b. Modification or Withdrawal of Submittals
Any RFP received may be withdrawn or modified prior to the RFP submittal date by written request to the CITY by the prime consultant. c. Property Rights
RFPs received become the property of the City of Hawaiian Gardens. d. Confidentiality
Before award of the contract, all RFPs will be designated confidential. After award of the contract all RFPs become public record. Contracts are considered awarded after they are fully executed by both parties and approved by the CITY. Any language purporting to render any portion of the RFP to be excluded from public review will be regarded as noneffective and will be disregarded.

There will be no modifications or exceptions to the standard contract agreement. 10 e. Addendum to Request for Proposals
The CITY reserves the right to amend the RFP Notice by addendum before the final RFP submittal date.
f. Non-Commitment of the CITY
This RFP does not commit the CITY to award a contract, to pay any costs incurred in the preparation of an RFP for this request, or to procure or contract for services.

All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract.
g. Americans with Disabilities Act
The consultant shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C.

Section 12101 et seq.).
h. Conflict of Interest Concerning Consultant(s)
Prospective consultants shall disclose any financial, business, or other relationship with the City of Hawaiian Gardens that may have an impact upon the outcome of this contract. Prospective consultants shall also list current clients who may have a financial interest in the outcome of this contract. i. References
The CITY reserves the right to check references not only for those stated in the RFP but also references from the CITY’s consultant evaluation reports. Reference information provided in the RFP found to be in error may be reflected as a reduction in the evaluation score.

7. CONSULTANT EVALUATION AND SELECTION PROCESS
The CITY will select a consultant for the project based on the following criteria:
a) The City will review all RFPs and award a contract, or contracts, based on a firm’s qualifications and what is most advantageous to the City.
b) The City may elect to interview a short list of qualified firms or to interview only the top rated firm based upon RFPs submitted for the project. 11 c) City may request consultants, who appear to be most qualified for this project, to participate in a brief oral interview and presentation of their proposal.
d) Most qualified, based on personnel and previous experience with this type of project.
e) Proposed scope of services, and demonstration of an approach to the project, that is most beneficial to the City.
f) Effective use of resources and man-hours proposed for the project. g) The City staff will negotiate a contract with the best qualified firm for the desired consulting services. In the event City staff is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated.

Negotiations will then be undertaken with the next most qualified firm.

Failing accord with the second most qualified firm, the City staff will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached, and a firm is selected and an agreement is executed.

ATTACHMENT
Attachment “A”
Attachment “B”
Attachment “C”
Sample Resume Format (Caltrans Standard Form 330)
Sample Professional Services Agreement
Bicycle Routes and Bicycle Lanes Map
Attachment “A”

SAMPLE RESUME FORMAT
Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number.

The OMB control number for this collection is 9000-0157. We estimate that it will take 29 hours (25 hours for part 1 and 4 hours for Part 2) to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: U.S. General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

PURPOSE
Federal agencies use this form to obtain information from architect-engineer (A-E) firms about their professional qualifications. Federal agencies select firms for A-E contracts on the basis of professional qualifications as required by 40 U.S.C. chapter 11, Selection of Architects Engineers, and Part 36 of the Federal Acquisition Regulation (FAR).

The Selection of Architects and Engineers statute requires the public announcement of requirements for A-E services (with some exceptions provided by other statutes), and the selection of at least three of the most highly qualified firms based on demonstrated competence and professional qualifications according to specific criteria published in the announcement.

The Act then requires the negotiation of a contract at a fair and reasonable price starting first with the most highly qualified firm.

The information used to evaluate firms is from this form and other sources, including performance evaluations, any additional data requested by the agency, and interviews with the most highly qualified firms and their references.

GENERAL INSTRUCTIONS
Part I presents the qualifications for a specific contract.

Part II presents the general qualifications of a firm or a specific branch office of a firm. Part II has two uses:

1. An A-E firm may submit Part II to the appropriate central, regional or local office of each Federal agency to be kept on file.

A public announcement is not required for certain contracts, and agencies may use Part II as a basis for selecting at least three of the most highly qualified firms for discussions prior to requesting submission of Part I. Firms are encouraged to update Part II on file with agency offices, as appropriate, according to FAR Part

36. If a firm has branch offices, submit a separate Part II for each branch office seeking work.

2. Prepare a separate Part II for each firm that will be part of the team proposed for a specific contract and submitted with Part I. If a firm has branch offices, submit a separate Part II for each branch office that has a key role on the team.

INDIVIDUAL AGENCY INSTRUCTIONS
Individual agencies may supplement these instructions. For example, they may limit the number of projects or number of pages submitted in Part I in response to a public announcement for a particular project. Carefully comply with any agency instructions when preparing and submitting this form. Be as concise as possible and provide only the information requested by the agency.

DEFINITIONS
Architect-Engineer Services: Defined in FAR 2.101.

Branch Office: A geographically distinct place of business or subsidiary office of a firm that has a key role on the team.

Discipline: Primary technical capabilities of key personnel, as evidenced by academic degree, professional registration, certification, and/or extensive experience.

Firm: Defined in FAR 36.102.

Key Personnel: Individuals who will have major contract responsibilities and/or provide unusual or unique expertise.

SPECIFIC INSTRUCTIONS
Part I - Contract-Specific Qualifications
Section A. Contract Information.

1. Title and Location. Enter the title and location of the contract for which this form is being submitted, exactly as shown in the public announcement or agency request.

2. Public Notice Date. Enter the posted date of the agency's notice on the Federal Business Opportunity website
(FedBizOpps), other form of public announcement or agency request for this contract.

3. Solicitation or Project Number. Enter the agency's
solicitation number and/or project number, if applicable, exactly as shown in the public announcement or agency request for this contract.

Section B. Architect-Engineer Point of Contact.
4-8. Name, Title, Name of Firm, Telephone Number, Fax
(Facsimile) Number and E-mail (Electronic Mail) Address.

Provide information for a representative of the prime contractor or joint venture that the agency can contact for additional information.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 7/2021) PAGE 1 OF INSTRUCTIONS Prescribed by GSA - FAR (48 CFR) 53.236-2(b)
ARCHITECT-ENGINEER QUALIFICATIONS OMB Control Number: 9000-0157 Expiration Date: 2/29/2024
STANDARD FORM 330 (REV. 7/2021)
PAGE 2 OF INSTRUCTIONS
Section C. Proposed Team.
9-11. Firm Name, Address, and Role in This Contract.

Provide the contractual relationship, name, full mailing address, and a brief description of the role of each firm that will be involved in performance of this contract. List the prime contractor or joint venture partners first. If a firm has branch offices, indicate each individual branch office that will have a key role on the team. The named subcontractors and outside
associates or consultants must be used, and any change must be approved by the contracting officer. (See FAR Part 52 Clause "Subcontractors and Outside Associates and Consultants
(Architect-Engineer Services)"). Attach an additional sheet in the same format as Section C if needed.

Section D. Organizational Chart of Proposed Team.

As an attachment after Section C, present an organizational chart of the proposed team showing the names and roles of all key personnel listed in Section E and the firm they are associated with as listed in Section C.

Section E. Resumes of Key Personnel Proposed for this
Contract.

Complete this section for each key person who will
participate in this contract. Group by firm, with personnel of the prime contractor or joint venture partner firms first. The following blocks must be completed for each resume:

12. Name. Self-explanatory.

13. Role in this contract. Self-explanatory.

14. Years Experience. Total years of relevant experience (block 14a), and years of relevant experience with current firm, but not necessarily the same branch office (block 14b).

15. Firm Name and Location. Name, city and state of the firm where the person currently works, which must correspond with one of the firms (or branch office of a firm, if appropriate) listed in Section C.

16. Education. Provide information on the highest relevant academic degree(s) received. Indicate the area(s) of
specialization for each degree.

17. Current Professional Registration. Provide information on current relevant professional registration(s) in a State or possession of the United States, Puerto Rico, or the District of Columbia according to FAR Part 36.

18. Other Professional Qualifications. Provide information on any other professional qualifications relating to this contract, such as education, professional registration, publications, organizational memberships, certifications, training, awards, and foreign language capabilities.

19. Relevant Projects. Provide information on up to five projects in which the person had a significant role that demonstrates the person's capability relevant to her/his proposed role in this contract. These projects do not necessarily have to be any of the projects presented in Section F for the project team if the person was not involved in any of those projects or the person worked on other projects that were more relevant than the team projects in Section F. Use the check box provided to indicate if the project was performed with any office of the current firm. If any of the professional services or construction projects are not complete, leave Year Completed blank and indicate the status in Brief Description and Specific Role (block (3)).

Section F. Example Projects Which Best Illustrate Proposed Team's Qualifications for this Contract.

Select projects where multiple team members worked
together, if possible, that demonstrate the team's capability to perform work similar to that required for this contract. Complete one Section F for each project. Present ten projects, unless otherwise specified by the agency. Complete the following blocks for each project:

20. Example Project Key Number. Start with "1" for the first project and number consecutively.

21. Title and Location. Title and location of project or contract. For an indefinite delivery contract, the location is the geographic scope of the contract.

22. Year Completed. Enter the year completed of the
professional services (such as planning, engineering study, design, or surveying), and/or the year completed of construction, if applicable. If any of the professional services or the construction projects are not complete, leave Year Completed blank and indicate the status in Brief Description of Project and Relevance to this Contract (block 24).
23a. Project Owner. Project owner or user, such as a
government agency or installation, an institution, a corporation or private individual.
23b. Point of Contact Name. Provide name of a person
associated with the project owner or the organization which contracted for the professional services, who is very familiar with the project and the firm's (or firms') performance.
23c. Point of Contact Telephone Number. Self-explanatory.

24. Brief Description of Project and Relevance to this
Contract. Indicate scope, size, cost, principal elements and special features of the project. Discuss the relevance of the example project to this contract. Enter any other information requested by the agency for each example project.

STANDARD FORM 330 (REV. 7/2021)
PAGE 3 OF INSTRUCTIONS

25. Firms from Section C Involved with this Project. Indicate which firms (or branch offices, if appropriate) on the project team were involved in the example project, and their roles. List in the same order as Section C.

Section G. Key Personnel Participation in Example Projects.

This matrix is intended to graphically depict which key personnel identified in Section E worked on the example projects listed in Section F. Complete the following blocks (see example below).

26. and 27. Names of Key Personnel and Role in this
Contract. List the names of the key personnel and their proposed roles in this contract in the same order as they appear in Section E.

28. Example Projects Listed in Section F. In the column under each project key number (see block 29) and for each key person, place an "X" under the project key number for
participation in the same or similar role.

29. Example Projects Key. List the key numbers and titles of the example projects in the same order as they appear in Section F.

Section H. Additional Information.

30. Use this section to provide additional information
specifically requested by the agency or to address selection criteria that are not covered by the information provided in Sections A-G.

Section I. Authorized Representative.

31. and 32. Signature of Authorized Representative and
Date. An authorized representative of a joint venture or the prime contractor must sign and date the completed form.

Signing attests that the information provided is current and factual, and that all firms on the proposed team agree to work on the project. Joint ventures selected for negotiations must make available a statement of participation by a principal of each member of the joint venture.

33. Name and Title. Self-explanatory.

SAMPLE ENTRIES FOR SECTION G (MATRIX)

26. NAMES OF KEY

PERSONNEL
(From Section E,
Block 12)

27. ROLE IN THIS

CONTRACT
(From Section E,
Block 13)

28. EXAMPLE PROJECTS LISTED IN SECTION F
(Fill in "Example Projects Key" section below first, before completing table. Place "X" under project key number for participation in same or similar role.)
1 2 3 4 5 6 7 8 9 10
Jane A. Smith Chief Architect X X
Joseph B. Williams Chief Mechanical Engineer X X X X
Tara C. Donovan Chief Electricial Engineer X X X

29. EXAMPLE PROJECTS KEY
NUMBER TITLE OF EXAMPLE PROJECT (From Section F) NUMBER TITLE OF EXAMPLE PROJECT (From Section F) 1 Federal Courthouse, Denver, CO 6 XYZ Corporation Headquarters, Boston, MA 2 Justin J. Wilson Federal Building,
Baton Rouge, LA
7 Founder's Museum, Newport, RI
STANDARD FORM 330 (REV. 7/2021)
PAGE 4 OF INSTRUCTIONS
Part II - General Qualifications
See the "General Instructions" on page 1 for firms with branch offices. Prepare Part II for the specific branch office seeking work if the firm has branch offices.

1. Solicitation Number. If Part II is submitted for a specific contract, insert the agency's solicitation number and/or project number, if applicable, exactly as shown in the public
announcement or agency request.
2a-2e. Firm (or Branch Office) Name and Address. Selfexplanatory.

3. Year Established. Enter the year the firm (or branch office, if appropriate) was established under the current name.

4. Unique Entity Identifier. Insert the unique entity identifier issued by the entity designated at SAM. See FAR part 4.6.

5. Ownership.
a. Type. Enter the type of ownership or legal structure of the firm (sole proprietor, partnership, corporation, joint venture, etc.). b. Small Business Status. Refer to the North American
Industry Classification System (NAICS) code in the public announcement, and indicate if the firm is a small business according to the current size standard for that NAICS code (for example, Engineering Services (part of NAICS 541330),
Architectural Services (NAICS 541310), Surveying and Mapping Services (NAICS 541370)). The small business categories and the internet website for the NAICS codes appear in FAR part 19.

Contact the requesting agency for any questions. Contact your local U.S. Small Business Administration office for any questions regarding Business Status.
6a-6c. Point of Contact. Provide this information for a representative of the firm that the agency can contact for additional information. The representative must be empowered to speak on contractual and policy matters.

7. Name of Firm. Enter the name of the firm if Part II is prepared for a branch office.
8a-8c. Former Firm Names. Indicate any other previous
names for the firm (or branch office) during the last six years.

Insert the year that this corporate name change was effective and the associated unique entity identifier. This information is used to review past performance on Federal contracts.

9. Employees by Discipline. Use the relevant disciplines and associated function codes shown at the end of these instructions and list in the same numerical order. After the listed disciplines, write in any additional disciplines and leave the function code blank. List no more than 20 disciplines. Group remaining employees under "Other Employees" in column b. Each person can be counted only once according to his/her primary function.

If Part II is prepared for a firm (including all branch offices), enter the number of employees by disciplines in column c(1). If Part II is prepared for a branch office, enter the number of employees by discipline in column c(2) and for the firm in column c(1).

10. Profile of Firm's Experience and Annual Average
Revenue for Last 5 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the experience categories which most accurately reflect the firm's technical capabilities and project experience. Use the relevant experience categories and associated profile codes shown at the end of these instructions, and list in the same numerical order.

After the listed experience categories, write in any unlisted relevant project experience categories and leave the profile codes blank. For each type of experience, enter the appropriate revenue index number to reflect the professional services revenues received annually (averaged over the last 5 years) by the firm or branch office for performing that type of work. A particular project may be identified with one experience category or it may be broken into components, as best reflects the capabilities and types of work performed by the firm. However, do not double count the revenues received on a particular project.

11. Annual Average Professional Services Revenues of Firm for Last 3 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the appropriate revenue index numbers to reflect the professional services revenues received annually (averaged over the last 3 years) by the firm or branch office. Indicate Federal work (performed directly for the Federal Government, either as the prime contractor or
subcontractor), non-Federal work (all other domestic and foreign work, including Federally-assisted projects), and the total.

12. Authorized Representative. An authorized
representative of the firm or branch office must sign and date the completed form. Signing attests that the information provided is current and factual. Provide the name and title of the authorized representative who signed the form.

STANDARD FORM 330 (REV. 7/2021)
PAGE 5 OF INSTRUCTIONS
List of Disciplines (Function Codes)
Code Description Code Description
01 Acoustical Engineer 32 Hydraulic Engineer
02 Administrative 33 Hydrographic Surveyor
03 Aerial Photographer 34 Hydrologist
04 Aeronautical Engineer 35 Industrial Engineer
05 Archeologist 36 Industrial Hygienist
06 Architect 37 Interior Designer
07 Biologist 38 Land Surveyor
08 CADD Technician 39 Landscape Architect
09 Cartographer 40 Materials Engineer
10 Chemical Engineer 41 Materials Handling Engineer
11 Chemist 42 Mechanical Engineer
12 Civil Engineer 43 Mining Engineer
13 Communications Engineer 44 Oceanographer
14 Computer Programmer 45 Photo Interpreter
15 Construction Inspector 46 Photogrammetrist
16 Construction Manager 47 Planner: Urban/Regional
17 Corrosion Engineer 48 Project Manager
18 Cost Engineer/Estimator 49 Remote Sensing Specialist 19 Ecologist 50 Risk Assessor
20 Economist 51 Safety/Occupational Health Engineer
21 Electrical Engineer 52 Sanitary Engineer
22 Electronics Engineer 53 Scheduler
23 Environmental Engineer 54 Security Specialist
24 Environmental Scientist 55 Soils Engineer
25 Fire Protection Engineer 56 Specifications Writer
26 Forensic Engineer 57 Structural Engineer
27 Foundation/Geotechnical Engineer 58 Technician/Analyst 28 Geodetic Surveyor 59 Toxicologist
29 Geographic Information System Specialist 60 Transportation Engineer 30 Geologist 61 Value Engineer
31 Health Facility Planner 62 Water Resources Engineer
STANDARD FORM 330 (REV. 7/2021)
PAGE 6 OF INSTRUCTIONS
List of Experience Categories (Profile Codes)
Code Description Code Description
A01
A02
A03
A04
A05
A06
A07
A08
A09
A10
A11
A12
B01
B02
C01
C02
C03
C04
C05
C06
C07
C08
C09
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
D01
D02
D03
D04
D05
D06
D07
D08
Acoustics, Noise Abatement
Aerial Photography; Airborne Data and Imagery
Collection and Analysis
Agricultural Development; Grain Storage; Farm Mechanization Air Pollution Control
Airports; Navaids; Airport Lighting; Aircraft Fueling
Airports; Terminals and Hangars; Freight Handling
Arctic Facilities
Animal Facilities
Anti-Terrorism/Force Protection
Asbestos Abatement
Auditoriums & Theaters
Automation; Controls; Instrumentation
Barracks; Dormitories
Bridges
Cartography
Cemeteries (Planning & Relocation)
Charting: Nautical and Aeronautical
Chemical Processing & Storage
Child Care/Development Facilities
Churches; Chapels
Coastal Engineering
Codes; Standards; Ordinances
Cold Storage; Refrigeration and Fast Freeze
Commercial Building (low rise) ; Shopping Centers
Community Facilities
Communications Systems; TV; Microwave
Computer Facilities; Computer Service
Conservation and Resource Management
Construction Management
Construction Surveying
Corrosion Control; Cathodic Protection; Electrolysis
Cost Estimating; Cost Engineering and
Analysis; Parametric Costing; Forecasting
Cryogenic Facilities
Dams (Concrete; Arch)
Dams (Earth; Rock); Dikes; Levees
Desalinization (Process & Facilities)
Design-Build - Preparation of Requests for Proposals
Digital Elevation and Terrain Model Development
Digital Orthophotography
Dining Halls; Clubs; Restaurants
Dredging Studies and Design
E01
E02
E03
E04
E05
E06
E07
E08
E09
E10
E11
E12
E13
F01
F02
F03
F04
F05
F06
G01
G02
G03
G04
G05
G06
H01
H02
H03
H04
H05
H06
H07
H08
H09
H10
H11
H12
H13
Ecological & Archeological Investigations
Educational Facilities; Classrooms
Electrical Studies and Design
Electronics
Elevators; Escalators; People-Movers
Embassies and Chanceries
Energy Conservation; New Energy Sources
Engineering Economics
Environmental Impact Studies,
Assessments or Statements
Environmental and Natural Resource
Mapping
Environmental Planning
Environmental Remediation
Environmental Testing and Analysis
Fallout Shelters; Blast-Resistant Design
Field Houses; Gyms; Stadiums
Fire Protection
Fisheries; Fish ladders
Forensic Engineering
Forestry & Forest products
Garages; Vehicle Maintenance Facilities;
Parking Decks
Gas Systems (Propane; Natural, Etc.)
Geodetic Surveying: Ground and Air-borne
Geographic Information System Services:

Development, Analysis, and Data Collection
Geospatial Data Conversion: Scanning,
Digitizing, Compilation, Attributing, Scribing,
Drafting
Graphic Design
Harbors; Jetties; Piers, Ship Terminal
Facilities
Hazardous Materials Handling and Storage
Hazardous, Toxic, Radioactive Waste
Remediation
Heating; Ventilating; Air Conditioning
Health Systems Planning
Highrise; Air-Rights-Type Buildings
Highways; Streets; Airfield Paving; Parking
Lots
Historical Preservation
Hospital & Medical Facilities
Hotels; Motels
Housing (Residential, Multi-Family;
Apartments; Condominiums)
Hydraulics & Pneumatics
Hydrographic Surveying
List of Experience Categories (Profile Codes continued) STANDARD FORM 330 (REV. 7/2021)
PAGE 7 OF INSTRUCTIONS
Code Description Code Description
I01
I02
I03
I04
I05
I06
J01
L01
L02
L03
L04
L05
L06
M01
M02
M03
M04
M05
M06
M07
M08
N01
N02
N03
O01
O02
O03
P01
P02
P03
P04
P05
P06
P07
P08
Industrial Buildings; Manufacturing Plants
Industrial Processes; Quality Control
Industrial Waste Treatment
Intelligent Transportation Systems
Interior Design; Space Planning
Irrigation; Drainage
Judicial and Courtroom Facilities
Laboratories; Medical Research Facilities
Land Surveying
Landscape Architecture
Libraries; Museums; Galleries
Lighting (Interior; Display; Theater, Etc.)
Lighting (Exteriors; Streets; Memorials;
Athletic Fields, Etc.)
Mapping Location/Addressing Systems
Materials Handling Systems; Conveyors; Sorters
Metallurgy
Microclimatology; Tropical Engineering
Military Design Standards
Mining & Mineralogy
Missile Facilities (Silos; Fuels; Transport)
Modular Systems Design; Pre-Fabricated Structures or
Components
Naval Architecture; Off-Shore Platforms
Navigation Structures; Locks
Nuclear Facilities; Nuclear Shielding
Office Buildings; Industrial Parks
Oceanographic Engineering
Ordnance; Munitions; Special Weapons
Petroleum Exploration; Refining
Petroleum and Fuel (Storage and Distribution)
Photogrammetry
Pipelines (Cross-Country - Liquid & Gas)
Planning (Community, Regional, Areawide and State)
Planning (Site, Installation, and Project)
Plumbing & Piping Design
Prisons & Correctional Facilities
P09
P10
P11
P12
P13
R01
R02
R03
R04
R05
R06
R07
R08
R09
R10
R11
R12
S01
S02
S03
S04
S05
S06
S07
S08
S09
S10
S11
S12
S13
T01
T02
T03
T04
T05
T06
Product, Machine Equipment Design
Pneumatic Structures, Air-Support Buildings
Postal Facilities
Power Generation, Transmission, Distribution
Public Safety Facilities
Radar; Sonar; Radio & Radar Telescopes
Radio Frequency Systems & Shieldings
Railroad; Rapid Transit
Recreation Facilities (Parks, Marinas, Etc.)
Refrigeration Plants/Systems
Rehabilitation (Buildings; Structures; Facilities)
Remote Sensing
Research Facilities
Resources Recovery; Recycling
Risk Analysis
Rivers; Canals; Waterways; Flood Control
Roofing
Safety Engineering; Accident Studies; OSHA
Studies
Security Systems; Intruder & Smoke Detection
Seismic Designs & Studies
Sewage Collection, Treatment and Disposal
Soils & Geologic Studies; Foundations
Solar Energy Utilization
Solid Wastes; Incineration; Landfill
Special Environments; Clean Rooms, Etc.

Structural Design; Special Structures
Surveying; Platting; Mapping; Flood
Plain Studies
Sustainable Design
Swimming Pools
Storm Water Handling & Facilities
Telephone Systems (Rural; Mobile; Intercom,
Etc.)
Testing & Inspection Services
Traffic & Transportation Engineering
Topographic Surveying and Mapping
Towers (Self-Supporting & Guyed Systems)
Tunnels & Subways
List of Experience Categories (Profile Codes continued) Code Description
U01
U02
U03
V01
W01
W02
W03
W04
Z01
Unexploded Ordnance Remediation
Urban Renewals; Community Development
Utilities (Gas and Steam)
Value Analysis; Life-Cycle Costing
Warehouses & Depots
Water Resources; Hydrology; Ground Water
Water Supply; Treatment and Distribution
Wind Tunnels; Research/Testing Facilities Design
Zoning; Land Use Studies
STANDARD FORM 330 (REV. 7/2021)
PAGE 8 OF INSTRUCTIONS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 7/2021)

2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER

ARCHITECT-ENGINEER QUALIFICATIONS

PART I - CONTRACT-SPECIFIC QUALIFICATIONS
A. CONTRACT INFORMATION

1. TITLE AND LOCATION (City and State)
B. ARCHITECT-ENGINEER POINT OF CONTACT

4. NAME AND TITLE

5. NAME OF FIRM

6. TELEPHONE NUMBER 7. FAX NUMBER 8. E-MAIL ADDRESS
C. PROPOSED TEAM
(Complete this section for the prime contractor and all key subcontractors.) (Check)

9. FIRM NAME 10. ADDRESS 11. ROLE IN THIS CONTRACT
PRIME
J-V

PARTNER

SUBCON- TRACTOR
a.

CHECK IF BRANCH OFFICE
b.

CHECK IF BRANCH OFFICE
c.

CHECK IF BRANCH OFFICE
d.

CHECK IF BRANCH OFFICE
e.

CHECK IF BRANCH OFFICE
f.

CHECK IF BRANCH OFFICE
D. ORGANIZATIONAL CHART OF PROPOSED TEAM (Attached)
STANDARD FORM 330 (REV. 7/2021) PAGE 2

16. EDUCATION (Degree and Specialization) 17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline) E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)

12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE a. TOTAL b. WITH CURRENT FIRM

15. FIRM NAME AND LOCATION (City and State)

18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

19. RELEVANT PROJECTS
a.
(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm b.
(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm c.
(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm d.
(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm e.
(1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm STANDARD FORM 330 (REV. 7/2021) PAGE 3
F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S

QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.

Complete one Section F for each project.)

20. EXAMPLE PROJECT KEY
NUMBER

21. TITLE AND LOCATION (City and State) 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

23. PROJECT OWNER'S INFORMATION
a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER

24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT
a.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE b.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE c.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE d.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE e.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE f.
(1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE STANDARD FORM 330 (REV. 7/2021) PAGE 4
G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS

26. NAMES OF KEY

PERSONNEL
(From Section E, Block 12)

27. ROLE IN THIS

CONTRACT
(From Section E, Block 13)

28. EXAMPLE PROJECTS LISTED IN SECTION F
(Fill in "Example Projects Key" section below before completing table.

Place "X" under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10

29. EXAMPLE PROJECTS KEY
NUMBER TITLE OF EXAMPLE PROJECT (From Section F) NUMBER TITLE OF EXAMPLE PROJECT (From Section F) 1 6
2 7
3 8
4 9
5 10
STANDARD FORM 330 (REV. 7/2021) PAGE 5

31. SIGNATURE 32. DATE
H. ADDITIONAL INFORMATION

30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.

I. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.

33. NAME AND TITLE
a. SIGNATURE b. DATE

PART II - GENERAL QUALIFICATIONS
(If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (or Branch Office) NAME 3. YEAR ESTABLISHED 4. UNIQUE ENTITY IDENTIFIER 2b. STREET 5. OWNERSHIP
a. TYPE
2c. CITY 2d. STATE 2e. ZIP CODE
b. SMALL BUSINESS STATUS
6a. POINT OF CONTACT NAME AND TITLE

7. NAME OF FIRM (If Block 2a is a Branch Office)
6b. TELEPHONE NUMBER 6c. EMAIL ADDRESS
8a. FORMER FIRM NAME(S) (If any) 8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER

9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS
a. Function
Code b. Discipline c. Number of Employees a. Profile
Code b. Experience
c. Revenue Index
Number
(1) FIRM (2) BRANCH (see below)
Other Employees
Total

11. ANNUAL AVERAGE PROFESSIONAL

SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS
(Insert revenue index number shown at right)

PROFESSIONAL SERVICES REVENUE INDEX NUMBER

1. Less than $100,000 6. $2 million to less than $5 million

2. $100,000 to less than $250,000 7. $5 million to less than $10 million

3. $250,000 to less than $500,000 8. $10 million to less than $25 million

4. $500,000 to less than $1 million 9. $25 million to less than $50 million

5. $1 million to less than $2 million 10. $50 million or greater a. Federal Work
b. Non-Federal Work
c. Total Work

12. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
c. NAME AND TITLE
STANDARD FORM 330 (REV. 7/2021) PAGE 6

1. SOLICITATION NUMBER (If any)

ARCHITECT-ENGINEER QUALIFICATIONS
Attachment “B”

PROFESSIONAL SERVICES AGREEMENT

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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND [CONTRACTOR]
This AGREEMENT is entered into this __ day of ________, by and between the CITY OF HAWAIIAN GARDENS, a general law city a municipal corporation (“CITY”) and [CONTRACTOR] (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.”

R E C I T A L S
A. The CITY desires to obtain [INSERT PROFESSIONAL SERVICES SOUGHT].

B. The CITY does not have the personnel able and/or available to perform the services required under this agreement and therefore, the CITY desires to contract for services to accomplish this work.

C. The CONTRACTOR warrants to the CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The CITY desires to contract with the CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the CITY and the CONTRACTOR agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONTRACTOR An amount not to exceed [INSERT TOTAL AMOUNT OF AGREEMENT] during the term of the Agreement as specified in paragraph 7 below, for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

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Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is [NAME OF CONTACT]. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the CITY.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on [INSERT TERM], unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure services similar to those terminated without restriction by this Agreement.

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INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed.

CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by the CITY to implement said corrective measures.

Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

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A. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees.

Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY.

2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

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4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement. Such approval must include approval of the proposed CONTRACTOR and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONTRACTOR, its employees, sub-contractors and agents for the accuracy and competency of the information provided

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and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the CONTRACTOR, its employees, sub-contractors and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’s review of the CONTRACTOR’s report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONTRACTOR. In addition to all other available remedies, the CITY may deduct the cost of such correction from any retention amount held by the CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONTRACTOR
City of Hawaiian Gardens
21815 Pioneer Blvd.,
Hawaiian Gardens, CA 90716
ATTN: City Manager
[NAME]
[ADDRESS]
[CONTACT]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.

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INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONTRACTORs, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-

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use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY.

DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “CONTRACTOR” for the purposes of the California Political Reform Act because CONTRACTOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by the CITY.

CONTRACTOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONTRACTOR commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’s disclosure obligations in accordance with the CITY’s Conflict of Interest Code.

CITY Initials ______
CONTRACTOR Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “CONTRACTOR” for the purpose of the California Political Reform Act because CONTRACTOR’s duties and responsibilities are not within the scope of the definition of CONTRACTOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the CITY’s Conflict of Interest Code.

CITY Initials ______
CONTRACTOR Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HAWAIIAN GARDENS CONTRACTOR
[MAYOR/CITY MANAGER] By: [NAME]
ATTEST:

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[NAME], City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Megan Garibaldi, City Attorney
Attachment “C”

BICYCLE ROUTES AND BICYCLE LANES MAP
Bicycle Routes and Bicycle Lanes

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAWAIIAN

GARDENS AND TOOLE DESIGN GROUP
This AGREEMENT is entered into this 13th day of March 2024, by and between the CITY OF HAWAIIAN GARDENS, a general law city a municipal corporation (“CITY”) and TOOLE DESIGN GROUP (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.”

R E C I T A L S
A. The CITY desires to obtain professional services from TDG Engineering, Inc., an affiliate of Toole Design Group, LLC to prepare and develop the City of Hawaiian Gardens Bicycle Master Plan, and services set forth in the “Scope of Services” attached to and incorporated into this agreement as Exhibit “A”.

B. The CITY does not have the personnel able and/or available to perform the services required under this agreement and therefore, the CITY desires to contract for services to accomplish this work.

C. The CONTRACTOR warrants to the CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The CITY desires to contract with the CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the CITY and the CONTRACTOR agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONTRACTOR An amount not to exceed $360.017 budgeted amount for preparation of the Citywide Bicycle Master Plan as specified in paragraph 7 below, for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.

CITY shall pay CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.

PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.”
TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Mr. Vivek Jha. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the CITY.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on March 13, 2025, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure services similar to those terminated without restriction by this Agreement.

INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement.

CONTRACTOR will be given a reasonable amount of time as determined by the CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

A. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY.

2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director.

CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement. Such approval must include approval of the proposed CONTRACTOR and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services.

Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.

However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONTRACTOR, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the CONTRACTOR, its employees, sub-contractors and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’s review of the CONTRACTOR’s report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONTRACTOR. In addition to all other available remedies, the CITY may deduct the cost of such correction from any retention amount held by the CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONTRACTOR
TDG Engineering, Inc., an affiliate of
Toole Design Group, LLC
City of Hawaiian Gardens
21815 Pioneer Blvd.,
Hawaiian Gardens, CA 90716
ATTN: City Manager
527 W. 7th Street, Suite 701
Los Angeles, CA 90014
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.

INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONTRACTORs, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY.

DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “CONTRACTOR” for the purposes of the California Political Reform Act because CONTRACTOR’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by the CITY. CONTRACTOR hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONTRACTOR commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’s disclosure obligations in accordance with the CITY’s Conflict of Interest Code.

CITY Initials ______
CONTRACTOR Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “CONTRACTOR” for the purpose of the California Political Reform Act because CONTRACTOR’s duties and responsibilities are not within the scope of the definition of CONTRACTOR in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the CITY’s Conflict of Interest Code.

CITY Initials ______
CONTRACTOR Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HAWAIIAN GARDENS CONTRACTOR
Victor Farfan, Mayor
ATTEST:

By: Jessica Fields, Director of Operations
Pablo Rubio, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Megan Garibaldi, City Attorney
Exhibit A

WORK PLAN
The work plan describes our team’s approach to crafting the Hawaiian Gardens Bicycle Master Plan. We bring
extensive national expertise in transportation planning and engineering and a deep understanding of active
transportation in the region—where it has been and where it is going. While our work plan addresses all the scope of work services and requirements listed in the RFP, we have made some suggestions to combine some elements
based on our experience. We look forward to discussing our approach with City staff and refining it to ensure our team is providing maximum value to the City and its residents.

TASK 1.2: COORDINATION MEETINGS

AND PROGRESS REPORTS
Lila and the City Project Manager will coordinate on a
regular basis to foster close collaboration between Toole Design and the City. We recommend bi-weekly, virtual
coordination calls throughout the project. For each checkin, we will provide notes documenting the key discussion points, decisions made, and follow-up actions needed.

Other Toole Design Team members or City staff will attend these meetings on an as-needed basis. Additionally, we
will submit monthly invoices and progress reports that
document the status of deliverables, upcoming work, and the project budget.

TASK 1: PROJECT MANAGEMENT

AND QUALITY ASSURANCE/CONTROL
The purpose of Task 1 is to ensure the project is managed effectively and fully coordinated with City staff. Lila Singer-Berk, our Project Manager will coordinate the
overall team, ensuring appropriate resource commitment
and adherence to the project schedule. Roger Pelayo will serve as Principal-in-Charge, playing an active advisory role and overseeing QA/QC.

TASK 1.3: FILE ACCESS AND SHARING
For the full duration of the project, Toole Design will maintain a SharePoint file-sharing system with Hawaiian Gardens.

Our team will use an organized folder structure to make important project documents easy to find over the life of the project. That folder structure will be organized by task and include a ‘Deliverables’ folder for easy navigation to every draft and final deliverable. TASK 1.1: KICKOFF MEETING

AND WORK PLAN REFINEMENT
TASK 1 DELIVERABLES:

Within two weeks of Notice to Proceed, we will hold a
kickoff meeting with City staff to review the draft work plan and schedule, QAQC plan, confirm project expectations
and priorities, task responsibilities, and establish
▪
▪
▪
▪
Kickoff meeting materials
Final scope and schedule
QA/QC Plan
Bi-weekly check-in meetings
(budget assumes 2 per month for 12 months)
Monthly progress reports and invoices
communication protocols. We will provide an agenda in
advance of the kickoff meeting and will complete meeting minutes and a detailed project schedule within one week following the meeting. We will submit a revised final work plan based on changes recommended during the kickoff
meeting and any additional direction from the City.
▪
LEVEL
1 Team member submits
client ready product
PM or Checker
reviews product
Team Member
updates product
PM approves product
-Minor to Client
-Major to Level 2
LEVEL
2 PM submits product
and proof of QC to
Principal/Director
Principal/Director
reviews product
PM or Team Member
updates product
Principal/Director and PM
approve product for
delivery to client
Toole Design’s QA/QC program.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 31
TASK 2: EXISTING CONDITIONS ANALYSIS the data to develop supporting resources for this Plan, including locations and descriptions of bicycle facilities and supporting assets (bike parking, etc.), and information on trip trends in and around Hawaiian Gardens. Additionally, we will use the gathered data to summarize the advancements made since the adoption of the 2012 Bikeway Maps, such as completed projects and asset mileage.

The purpose of Task 2 is to review local and regional
plans and policies, synthesize data relevant to current infrastructure and subsequent phases of implementation, and assess the current transportation system.

TASK 2.1: PLAN, POLICY, AND DESIGN REVIEW
Understanding that Hawaiian Gardens’ neighboring
jurisdictions have invested considerable effort into
planning for active transportation in their communities, we will review relevant local, countywide, regional, and statewide policies, plans, and design guidelines, such
as the Hawaiian Gardens Local Road Safety Plan (LRSP),
to provide a foundation for the Bicycle Master Plan. This review will identify opportunities for coordination with other planning efforts, which will support the development of the bike network and implementation strategy.

Additionally, we will use the findings of this review to update the City’s bicycle safety goals and ensure the Plan is consistent with relevant goals set by regional, state, and federal agencies. A summary matrix will be developed to document key findings.

These resources will serve as a baseline for future tasks.

The qualitative and quantitative data collected in this task creates the foundation for all subsequent technical work.

To enable efficient work in future tasks, Toole Design
will ensure the various data sources are well-organized, consistently geocoded, cleaned, and processed. All Task 2 data will be collected into cloud-based project folders, along with a data dictionary that includes key metadata.

TASK 2.3: EXISTING CONDITIONS ASSESSMENT
We will establish a comprehensive baseline understanding of mode share, destinations and multimodal connections, active modes assets, such as parking and wayfinding, and active modes programs that serve the City. To best meet the needs of the Hawaiian Gardens community, a crash and equity analysis will be included in the existing conditions assessment. The crash analysis will map collisions, serious injuries, and fatalities suffered by bicyclists in the plan area to understand where the highest-risk corridors are located.

The equity analysis will geospatially identify bicycle-related needs based on census data and existing infrastructure.

TASK 2.2: DATA REVIEW, ANALYSIS, AND UPDATES
We will request from the City any data that is not already in hand or readily accessible. To maximize efficiency on this task, we will first assess the quality of available data.

Then, we will determine what data gaps exist and create a data request table for City review to fill remaining data resources. In anticipation of variable quantity and quality of available data, Toole Design will take an adaptive approach to this project’s analytical work that will work with the best available data. Toole Design will organize the data and identify any data gaps that may be filled either as part of the update to the BMP (through desktop or field data collection) or as a subsequent data collection effort. We will synthesize TASK 2 DELIVERABLES:
▪
▪
▪
▪
▪
Plan, Policy, and Design Summary Matrix
Data Request List
Draft and Final Existing Conditions Webmap
Collision and Equity Maps
GIS native files, including MXD/APRX/PPKX and GDB
Screen clip from the StoryMap for the Albuquerque Bikeway and Trail Plan. For more information, click or scan the QR code to the right.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 32
PHASE 1 PHASE 2

FUTURE NETWORK

AND POLICIES
PHASE 3

VISIONS, GOALS, IMPLEMENTATION

AND CONDITIONS TODAY AND PRIORITY PROJECTS
Critical phases of the Bicycle Master Planning (BMP) process.

TASK 3: PUBLIC/STAKEHOLDER

OUTREACH AND ENGAGEMENT
tracts as well as stakeholders representing neighborhood groups, seniors, students, schools, businesses, public
health, regional agencies, active transportation advocates, and civic leaders. Effective stakeholder engagement is the cornerstone of our planning and design approach, and we understand the important role that inclusive and equitable engagement has in not only creating a better product,
but achieving the buy-in necessary for its adoption and implementation. This committee will have the opportunity to participate in English or Spanish.

The purpose of Task 3 is to ensure that study outcomes are responsive to and supported by the community and key
stakeholder.

TASK 3.1: PUBLIC PARTICIPATION PLAN
Within the first month of the project, Toole Design and Arellano Associates will submit a Public Participation
Plan (PPP) that outlines strategies and a schedule for
in-person and digital engagement. The PPP will define
targeted communities and stakeholder groups and
propose tailored approaches, techniques, events, and
ADA and linguistic resources to meet the needs of the
City’s diverse communities.

TASK 3.3: COMMUNITY WORKSHOPS
With an emphasis on accessible setting and tone, we
will host four community workshops that are tailored
to resonate with different generations, ethnicities, and abilities. Our deliberate approach includes engaging the community for input on transportation needs identification, project priorities, facility recommendations, and the
draft Bicycle Master Plan. Community members will be
welcomed to participate in English or Spanish.

The outreach methods and engagement strategies will
support the three key phases of the BMP process described in the figure above. Findings from these engagement efforts will be summarized in a memo.

TASK 3.4: WEBSITE,
SOCIAL MEDIA PAGE, AND SURVEY TASK 3.2: COMMUNITY ADVISORY

COMMITTEE (CAC) MEETINGS
Toole Design will prepare a bilingual website (English
and Spanish text and visual content) that will include Plan resources and announcements. It is our recommendation
to leverage existing social media and news announcement bulletins to foster community input, but we can create a To support and guide the development of the Plan, we
will meet four times with a knowledgeable and diverse
Community Advisory Committee (CAC). The CAC will include representatives from the City’s three disadvantaged census Workshop In-Person Virtual Description
Opportunities and Challenges: focus on learning community behaviors, priorities and needs and sharing existing conditions
1 X
X
X
Alternatives and Bikeway Options: focus on presenting the preliminary network and bikeway design options to understand community preferences 2 and 3 X
Network and Implementation: focus on how to implement the community vision with consideration to the opportunities, challenges and preferences discussed in the first and second round
4 Breakdown of the four Community Workshops.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 33
Bicycle Master Plan social media page for the project. Toole Design will provide graphics and messaging support for
these online sites throughout the 13-month schedule.

TASK 3.6: OPEN HOUSES (OPTIONAL TASK)
Toole Design and Arellano Associates could conduct two
open houses to enhance project awareness for a broader
cross-section of stakeholders. We find open houses are
most successful when we meet community members
where they already are. We propose hosting these open
houses at community centers or schools, or events where the community is gathered to share the draft plan and
gather public input. If held online, these meetings can be interactive and engaging using activities like live polling and small breakout room discussions.

The community survey will be available to the public in both English and Spanish, and via online platforms as well as in paper format. Distributed during Phase 2, the survey will aim to understand the community’s preferred facility types and prioritized network connections both within and to
destinations beyond Hawaiian Gardens.

TASK 3.5: ROUNDTABLE MEETINGS WITH

NEIGHBORING JURISDICTIONS (OPTIONAL TASK)
TASK 3 DELIVERABLES:

We propose engaging neighboring jurisdictions with two
roundtable meetings, one in phase 1 of the project to gather information and one in Phase 2 or 3 to facilitate conversations about potential partnerships and coordination. Our team will facilitate conversations with Hawaiian Gardens staff and agency stakeholders from the neighboring cities of
Long Beach, Cerritos, Cypress, and Lakewood as well as the Los Angeles County Sheriff and Fire departments and ABC School District. The goal of these roundtable meetings is to ensure the Bicycle Master Plan centers connectivity and is coordinated with the regional network.
▪
▪
Public Participation Plan (PPP)
CAC member list, meeting schedule, meeting agenda,
and meeting notes (up to four meetings)
Community Workshops, meeting materials (bilingual),
and summary notes
▪
▪ Text and graphic content for website and social media pages (bilingual)
▪
▪
Online and paper survey (bilingual)
Public Involvement Summary
Hola.

Me agradas. ¿Quieres usar las vías
del Condado de Fresno de manera
segura juntos?
Yo también.

Hagámoslo.

Toole Design and Arellano Associates will use a variety of public and stakeholder engagement techniques.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 34
TASK 4: NETWORK, PROGRAM, DESIGN,

AND IMPLEMENTATION RECOMMENDATIONS
bicycle-friendly traffic control devices, bikeway signing and marking, and bicycle parking in different location contexts.

The purpose of Task 4 is to develop an updated bicycle
network strategy and map.

TASK 4.4: STRATEGIC IMPLEMENTATION PLAN
We will develop a strategic implementation plan that shows how the proposed facilities in the Bicycle Master Plan will build on adjacent jurisdictions’ bike plans, multimodal priorities, and existing networks. The strategy will outline coordination with external jurisdictions, project prioritization, cost estimations and funding, and an implementation timeline.

Using a robust scoring process, we will identify projects that have the potential to maximize return on investment and are eligible for ATP and other funding sources. The calculation of each scored element will be recorded along with funding opportunities in a technical memo.

TASK 4.1: BICYCLE NETWORK
Following the guidance of the City’s Complete Streets
document and responding to input from stakeholder and
community groups, Toole Design will recommend an update bicycling network and identify new bicycle facilities (Class I, II, III, and IV) . Drawing on our Task 2 existing conditions analyses, we will develop GIS-based bikeway maps that
include existing and proposed bicycling routes, geographic challenges (such as physical barriers and limited ROW), and opportunities for additional assets (such as parking or supportive infrastructure). The existing conditions task will inform locations for transfers to transit and connections to interest points, and the map will be accompanied by a memo describing the development of the network, information on current bicycle trips and their relationship to prior bicycle infrastructure investments, and a discussion of modal priority.

To enhance the Implementation Strategy, Toole Design will develop a list of key performance indicators that best help the City meet its goals of bicycle connectivity, safety, and mode share. We will follow best practices as described
in FHWA’s Guidebook for Developing Pedestrian and Bicycle Performance Measures, as well as best practices we have developed based on our local and national experience. TASK 4.2: POLICY AND PROGRAM RECOMMENDATIONS The following example metrics may be considered modified to reflect the small geographic footprint of Hawaiian Gardens.

Each measure will be accompanied by baselines, targets, and tracking roles for measuring the success of the Plan.

Based on a review of relevant programs in the region and notable programs across the country, we will produce a
list of community programs for bike safety, active modes education, and ridership encouragement. Recommendations will include an estimated mode shift in the context of previously implemented programs in Hawaiian Gardens and nearby
communities. Policies for community-sensitive enforcement, connectivity to schools, parks, and transit areas, and innovative modal switch encouragement (e.g., new mobility options
and parking management) will be included. Leveraging the knowledge of the Community Advisory Community, these
recommendations will introduce innovative concepts in a technical memo that shows how programmatic support is
critical to maximizing transportation infrastructure investments. ▪ Percent of resident population within close access to bicycle infrastructure
▪
▪
▪
▪
Reduction in annual crashes involving bicyclists per capita Changes to bicycle mode share over time
Number of miles of the City’s bicycle network
Increases in the number of participants in bicycling events TASK 4 DELIVERABLES:
▪
▪
GIS-based bikeway map of existing and planned facilities List of recommended community programs for bike
safety and mode shift
▪
▪
General design standards for bikeways
Strategic Implementation Plan TASK 4.3: DESIGN STANDARDS We understand that clear and compelling bike facility design guidance helps to both articulate a vision for how bikeways and streets should function as well as provide parameters for consistent implementation of high-quality infrastructure.

We will leverage our experience developing the AASHTO Bike Guide (update to be published in 2024) and hundreds of bike plans across the country as well as the guidance included in the City’s Complete Streets document to develop general design standards for bikeways in Hawaiian Gardens. The
design standards will provide standards for facility widths, separation types, design and detection at intersections, Design standards from the AASHTO Bike Guide.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 35
TASK 5: FINAL REPORT
The purpose of Task 5 is to produce a Plan that is accepted and endorsed by the community and ready for incorporation into the General Plan.

TASK 5.1: BICYCLE MASTER PLAN
We will develop a Bicycle Master Plan document and webmap with an executive summary fit to be incorporated into the City’s General Plan. Comprised of the key findings from the technical memos in previous tasks, the document will include the processes and findings of all work in this project. The document will be consistent with the City’s visual brand or the format of the General Plan and be written in succinct, accessible language targeted to a public audience. Aiming to serve Hawaiian Gardens immediately as well as in the future, the document will provide a clear roadmap for implementation and establish goals and standards for biking in Hawaiian Gardens.

The development of the Final Plan document will feature the following process:

To be presented in a Table of Contents format and will include outputs of all tasks included in the Plan Outline
project scope of services.

Administrative
Draft Plan
To be submitted to City staff for review and internal circulation with select agency staff members.

To be posted on the City website upon approval by City staff. The Toole Design Team will lead workshops to present and collect comments from the public about the Draft Plan.

Which will revise the Plan document in response to comments from the public. After approval by City staff, this document will be used to prepare presentation materials and provide other support to the City for presentation of the Plan.

Public Draft Plan
Final Plan
TASK 5.2: ILLUSTRATIVE BIKE MAP
In addition to a technical bike network map, a user-friendly illustrative bike map with bike facilities, destinations, and assets will be developed for the public. The map will include distinct bike facilities as the public understand them, connections and directions to bike destinations beyond Hawaiian Gardens, and local bike resources in the city, such as bike parking.

TASK 5.3: PROJECT CLOSEOUT FILES
After acceptance of the final Bicycle Master Plan Update by City staff, Toole Design will submit all materials
produced for the final Plan. This includes GIS files, PDF files, tables, exhibits, brochures, presentations, and
data, in their original formats. This information will be made available for electronic download.

TASK 5 DELIVERABLES:
▪
▪
Draft Plan outline
Draft Plan document (Administrative and Public),
maximum four revisions
▪
▪
▪
Final Plan document
Legend Illustrative, public-friendly bike map
All documents and files produced
Toole Design has expertise in developing visually compelling maps that convey key information concisely, such as this map of the Elk Grove bike network.

BICYCLE M A S T E R PL A N | TOOLE DESIGN 36
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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C3
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:

RECOMMENDATION TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE

THE PUBLIC WORKS MANAGER TO ADVERTISE AND SEEK PUBLIC BIDS FOR

CITYWIDE CATCH BASIN CONNECTOR PIPE SCREEN (CPS) INSERTS INSTALLATION, PROJECT 111

SUMMARY
On April 7, 2015, the State Water Resources Control Board adopted the Statewide Trash Amendments to the Water Quality Control Plan for Ocean Waters of California to address the significant trash pollution in California's waters. These amendments, collectively called "the Trash Provisions," require cities to install, operate, and maintain full capture systems in catch basins located within/on Priority Land Uses to effectively capture 100% of trash generated. Priority Land Uses include high-density residential, industrial, commercial, mixed urban, and public transportation centers.

As an owner and operator of a municipal storm drain system, Hawaiian Gardens is required to comply with the Trash Amendments. The latest Statewide Trash Order requires that 50% of "priority" catch basins be retrofitted by 2026. Cities must demonstrate full compliance with the Trash Amendments by installing, operating, and maintaining full capture systems for storm drains that capture runoff from priority land uses in their respective jurisdictions.

Full capture systems are defined as treatment controls that trap all particles five millimeters or greater in size and allow water to flow at a certain rate.

The city’s Consultant, Infrastructure Engineers (IE) has completed the bid documents for Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation, Project 111, and is being submitted to the City Council’s approval and authorization for the Public Works Manager to seek public bids.

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The project scope of work consists of furnishing all labor, material, equipment, services, and incidentals as required by the contract documents for traffic control, cleaning out existing catch basins, and furnishing and installing Connector Pipe Screen (CPS) Inserts in 118 City and County owned catch basins.

The County Flood Control District (LACFCD) requires all cities to obtain a permit and pay a fee to install any devices in County-owned catch basins. Retrofitting existing LACFCD catch basins with any device requires detailed testing, accurate design and installation, and routine maintenance to prevent flooding. In addition, the City and LACFCD will enter in and execute an MOU agreement that will require the City to maintain all catch basin devices retrofitted on and/or in LACFCD catch basins in the future.

The plans have been reviewed and approved by the City Engineer and the project is now ready to be advertised for competitive bids. The Project plans and specifications will be available for review in the City Clerk’s office.

FISCAL IMPACT
The Engineer’s estimate of the construction cost is $230,000 and the estimated project expenses are as follows:

Description Cost
Design $41,096
Construction $230,000
Construction Contingency (10%) $23,000
Inspection $21,000
Estimated Project Cost $315,096
Allocating $320,000 from unutilized Measure W funds will complete the project as presented based on the estimated cost.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT
A. Project Location Map
1 DATE: 02/14/24

INFRASTRUCTURE
3060 Saturn Street, Suite 250 Brea, CA 92821
Tel: (714) 940-0100
www.infrastructure-engineers.com

ENGINEERS
DRAWN BY: M. DELA CRUZ INFRASTRUCTURE
1 CITYWIDE CATCH BASIN CONNECTOR PIPE SCREEN
(CPS) INSERTS INSTALLATION, PROJECT 111

CATCH BASIN LOCATION MAP
a Bowman company
LEGEND
PLAN
Attachment A

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C4
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATIONS:

Approve membership in the Gateway Cities Affordable Housing Trust, a Joint Powers Authority and:
1) Adopt Resolution No. 006-2024 –approving City execution of the Joint Exercise of Powers Agreement relating to membership in the Gateway Cities Affordable Housing Trust; and
2) Authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.

SUMMARY
Staff recommends that the City of Hawaiian Gardens (City) join the Gateway Cities Affordable Housing Trust (Trust), a Joint Powers Authority (JPA) formed among the cities within the Gateway Cities region. The Trust provides funding to preserve and produce affordable housing. These funds improve the financial viability of individual housing projects and programs. This funding can also increase each project’s competitiveness for additional state and federal funding sources. Additionally, the Trust works with a variety of government agencies to attract more housing funds to the Gateway Cities region. Joining the Trust would support the City to achieve the stated goals and objectives of the 6th Cycle Housing Element and support the region as a whole to bring new dollars to help fund more affordable housing development.

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DISCUSSION

BACKGROUND
The Gateway Cities region of Los Angeles County includes 27 cities located along the I710 corridor in eastern Los Angeles County. Early in 2021, the Gateway Cities Council of Governments (GCCOG) obtained State funding from the Southern California Association of Governments (SCAG) to explore the formation of an affordable housing trust within the region.

Since then, GCCOG and their consultant conducted the following activities:
• Interviewed the GCCOG cities to determine their housing needs and priorities, explain the concept of the Trust, and investigate their interest in being a member. • Interviewed other stakeholders in the region in the same fashion, including the County of Los Angeles, affordable housing developers, financing entities, advocates, research organizations, and other related entities to gain their perspectives.
• Provided an overview of best practices from other local housing trust fund studies, as well as a comparative review of the range of organizational and governance structures.
• Conducted a study of the overall housing needs in the region to determine the existing sources of support to meet these needs, and estimate how much additional funding support will be needed for cities to meet these needs and satisfy their Regional Housing Needs Assessment obligations.
• Identified affordable and homeless housing developments planned within the Gateway Cities, including those in construction and those in the entitlement and pre-development phases. Compared the number of units to be provided and the populations to be served by these units to the housing need report. • Formed a Steering Committee of Gateway COG City Managers and others to work with the Gateway Cities COG and the consultants to make the initial recommendations for how a Trust might be formed and explore the initial sources of funding to support this effort.
• Based on dialogue with the Trust Steering Committee, created and supported the negotiation of a Joint Powers Agreement for the Trust, developed an Administrative Plan, Governance Structure, and Bylaws for the Trust.

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• Prepared a draft strategic plan for the new Trust, for review and acceptance by the Gateway Cities COG Board and final adoption by the new Board of Directors of the Trust when that Board is in place.
• Developed an operational plan for the first full year of operations of the Trust, proposed as fiscal year July 1st, 2023, to June 30th, 2024. • Created a draft capital and administrative budget for the first year of Trust operations.

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

The Steering Committee unanimously recommended the formation of an affordable housing trust for the Gateway Cities sub-region. In addition, presentations were made to the GCCOG Committee on Homelessness, Gateway Cities City Managers and Planning Directors Committee. All groups expressed unanimous support for the formation of a Trust.

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

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

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

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

The Trust is governed by a nine-member Board of Directors (Board) (see Attachment 4).

According to the JPA By-Laws (Attachment 3), the Board is comprised of seven elected officials whose governing body is a member of the Trust and appointed by the Gateway Cities Council of Governments Board. A Trust member city will be represented on the Board by each population category specified in the Trust Membership fee calculation.

Two additional Board members are experienced in homelessness or housing policy and approved by the Gateway Cities Council of Governments City Managers Committee.

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

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

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

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The Trust will continue to examine funding sources available and the needs of the Trust region and pursue funding for programs and projects that could include homeownership and rental housing assistance, Accessory Dwelling Units, and perhaps housing rehabilitation projects.

RECOMMENDATION
In summary, joining the Trust would support the City’s Housing Element goals of encouraging more affordable housing, as well as the objective to secure state, federal, and local affordable housing funds and to assist developers in finding funding sources.

FISCAL IMPACT
The membership fee is $7,500 annually and due on July 1, 2024. The Fiscal Year 2024- 2025 budget will be amended to include this amount.

SUGGESTED ACTION
Approve Recommendations.

Attachments:

1. Resolution No. 006-2024

2. Trust Joint Powers Agreement

3. Trust Joint Powers Authority By-Laws

4. Trust Board Members
RESOLUTION NO. 006-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWAIIAN GARDENS, CALIFORNIA, APPROVING,

AUTHORIZING, AND DIRECTING CITY EXECUTION OF

THE JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO MEMBERSHIP IN THE GATEWAY CITIES
AFFORDABLE HOUSING TRUST; and
WHEREAS, The Gateway Cities Affordable Housing Trust (GCAHT) will be formed upon the approval of at least three qualified members as a joint powers authority between cities throughout the Gateway Cities subregion; and
WHEREAS, GCAHT was created for the purpose of funding housing specifically assisting persons and families of extremely low, very low, low and moderate income within the County of Los Angeles; and
WHEREAS, the City of Hawaiian Gardens (the “City”) has determined through its 6 th Cycle Housing Element Update that there is great need for more affordable housing in the City; and
WHEREAS, the City of Hawaiian Gardens (the “City”) has determined that there are limited financial resources for affordable housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources; and
WHEREAS, the City of Hawaiian Gardens (the “City”) has determined that it is in the public interest and for the public benefit that the City become a member of the GCAHT in order to further facilitate the development of affordable housing in the City and throughout the region, including the financing of projects therefore by the GCAHT; and WHEREAS, the City (the “City Council”) will be joining other cities that are members of the GCAHT in efforts to increase State and Federal resources for affordable housing directed to GCAFT; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document; and
WHEREAS, the GCAHT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of affordable housing; and
WHEREAS, the City anticipates that there will be affordable housing projects in need of financing located in the City of Hawaiian Gardens; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS FINDS, DETERMINES AND RESOLVES AS FOLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby authorizes the City’s membership in the GCAHT.

SECTION 3. The City Council has reviewed and approves the Joint Exercise of Powers Agreement substantially in the form attached (Exhibit 1).

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

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

SECTION 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the GCAHT:

Gateway Cities Affordable Housing Trust
Attn: Melani Smith
16401 Paramount Blvd
Paramount, CA 90723
SECTION 7. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED AND ADOPTED this 13th day of March 2024. ________________________________

VICTOR FARFAN, MAYOR
ATTEST:
_________________________

PABLO RUBIO, CITY CLERK
EXHIBIT 1

JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (this “Agreement”) is made this 14th day of February 2023 (the “Effective Date”), by and between the following public entities (each a “Party” and, collectively, the “Parties”): City of Artesia, City of Paramount, and City of Lakewood.

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

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

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

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

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

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

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

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

Section 1. Creation and Purpose.
(a) Creation of GCAHT. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “Gateway Cities Affordable Housing Trust” (“GCAHT”). GCAHT shall be a public entity separate and apart from the Parties and shall administer this Agreement.
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(b) Purpose. This Agreement is made pursuant to the Joint Exercise of Powers Act for the purpose of creating the GCAHT as a public entity separate from the Parties to: (i) exercise common powers with respect to receiving public and private financing and funds; and (ii) fund the planning and construction of housing of all types and tenures for persons and families of extremely low-, very low-, low- and moderate-income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing. The purpose of this Agreement shall be accomplished, and common powers exercised in the manner set forth in this Agreement. Nothing contained in this Agreement shall preclude the Parties form establishing, maintaining, or providing social programs or services to its residents as each deems proper and necessary.

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

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

1. to make and enter into contracts;

2. to contract for staff assistance;

3. to sue and be sued in its own name;
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4. to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America, the State of California, Los Angeles County, Party to this Agreement, or any other agency providing funding related to the purposes of this Agreement;

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

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

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

8. to purchase obligations of any Party;

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

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

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

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

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

14. to solicit charitable contributions from private sources;

15. to propose amendments to this Agreement; and

16. to exercise any and all other powers as may be provided for GCAHT in the Joint Exercise of Powers Act or any other applicable law.
(c) Limitation on Powers. This Agreement does not authorize GCAHT do any of the following:
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1. Regulate land use in cities or in the unincorporated area of the County;

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

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

4. Require or incentivize inclusionary zoning requirements;

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

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

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

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

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

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

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

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

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

Three of the seven Directors who are members of the GCCOG Board or are appointed by the GCCOG Board in accordance with Section 5(a) shall have an initial term of one year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their duly authorized officers as follows:
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CITY OF HAWAIIAN GARDENS
______________________________
BY: Victor Farfan, Mayor
Dated: ___________________________
ATTEST:
___________________________________________
Pablo Rubio, City Clerk Date
NOTICE TO CITY TO BE GIVEN TO:

Ernesto Marquez
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
(562) 420-2641
APPROVED AS TO FORM:

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

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

The GCAHT was established on February 14, 2023, by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of Lakewood, Artesia, Paramount (collectively, the “Cities”). These Bylaws were adopted by GCAHT’s Board of Directors and provide for the organization and administration of GCAHT. These Bylaws supplement the Agreement.

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

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

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

GCAHT Guiding Principles
The guiding principles of the GCAHT:

1. Implement the findings and declarations of the Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Advisory Board members need not be elected officials.

Section C: Terms and Vacancies

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

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

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

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

2. Review and consider applications for project funding;

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

4. Serve on subcommittees or task forces when appropriate.

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

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

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

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

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

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

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

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

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

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

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

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

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

Section B: Conflicts of Interest

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

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

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

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

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

Attachment 4
GCAHT Board of Director’s List
Gateway Cities Affordable Housing Trust
Board of Directors
Current members of the Trust Board are listed below:

1. Chair Fernando Dutra City of Whittier

2. Vice Chair Salvador Melendez City of Montebello

3. Board Member Jeff Wood City of Lakewood

4. Board Member Kevin Lainez City of Commerce

5. Board Member Megan Kerr City of Long Beach

6. Board Member Ana Maria Quintana City of Bell

7. Board Member Edward Wilson City of Signal Hill

8. Board Member Carol Averell Housing Manager Southgate

9. (Vacant) (Another Housing Experienced Person)

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