CITY OF
HUNTINGTON PARK
City Council
Regular Meeting
Agenda
Tuesday, March 15, 2022
6:00 p.m.
City Hall Council Chambers
6550 Miles Avenue, Huntington Park, CA 90255
Graciela Ortiz
Mayor
Eduardo "Eddie" Martinez Karina Macias
Vice Mayor Council Member
ETOT
PARK
Marilyn Sanabria ALIF Manuel "Manny" Avila
Council Member Council Member
All agenda items and reports are available for review in the City Clerk's Office and www.hpca.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk located at 6550 Miles Avenue, Huntington Park, California 90255 during regular business hours, 7:00 a.m. to 5:30 p.m., Monday - Thursday, and at the City Hall Council Chambers during the meeting.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk's Office either in person at 6550 Miles Avenue, Huntington Park, California or by telephone at (323) 584-6230.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
PLEASE SILENCE ALL CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.
PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference.
Items may be taken out of order upon request of the Mayor or Members of the City Council. Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the "Brown Act" and by the Huntington Park City Council Meeting Rules of Procedure.
• The City Council meeting is for conducting the City's business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City.
• No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers.
• All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Chairperson if Mayor is absent).
We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers.
PUBLIC COMMENT
Hybrid virtual/in-person meetings are held pursuant to AB361 because state and local officials are recommending measures to promote social distancing. If you would like to comment on any listed Agenda Items or Non-Agenda Items, please email the City Clerk's office at [email protected] or Esarmiento @hpca.gov or by telephone, by calling (323) 584- 6297, up to one (1) hour, prior to the start of the meeting. Public Comments will then be read during public comment and made part of the record. Below is the virtual link and toll free phone number to participate in the meeting.
JOIN VIRTUALLY AT:
https:l/zoom.us/i/97897123169?pwd=NkhsNEFacUZCMmJyVFRkOFBsQXZMdz09 OR PARTICIPATE BY PHONE AT:
• Toll Free: 669-900-9128,
Meeting ID: 978 9712 3169, then #
Password: 632516
ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press *9 to be placed in the queue to speak and *6 to unmute your line.
Comments from the public are limited to 3 minutes per speaker.
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 2 of 8
In the interest of Public Health and Safety in order to minimize the spread of the COVID 19 virus, you are strongly encouraged to observe the City Council meetings on the City of Huntington Park's website at www.hpca.gov or virtually via the Zoom link provided above.
The City of Huntington Park thanks you in advance for your cooperation.
For both open and closed session, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
Additions/Deletions to Agenda
Items of business may be added to the agenda upon a motion adopted by a minimum two- thirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
Important Notice
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.
CALL TO ORDER
ROLL CALL
Mayor Graciela Ortiz
Vice Mayor Eduardo "Eddie" Martinez
Council Member Karina Macias
Council Member Marilyn Sanabria
Council Member Manuel "Manny" Avila
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. WOMEN'S HISTORY MONTH PROCLAMATION
2. INTERNATIONAL WOMEN'S DAY PROCLAMATION
3. RECOGNITION OF LOCAL BUSINESS OWNER
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 3 of 8
PUBLIC COMMENT
Hybrid virtual/in-person meetings are held pursuant to AB361 because state and local officials are recommending measures to promote social distancing, any emailed public comment will be read into the record at this time.
Pursuant to Government Code Section 54954.3(a) Members of the public will have an opportunity to address the City Council on items listed on this agenda. For items on this agenda each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another.
STAFF RESPONSE
RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Construction Industry Force Account Council v. City of Huntington Park Los Angeles Superior Court Case No. 20STCPO3947
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Consideration of initiation in one potential case
CLOSED SESSION ANNOUNCEMENT
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action.
OFFICE OF THE CITY CLERK
1. CITY COUNCIL MEETING MINTUES
RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1-1. Regular City Council Meeting held March 1, 2022
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 4 of 8
CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING THE
CITY TO CONTINUE ITS TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361
RECOMMENDED THAT CITY COUNCIL:
1. Adopt Resolution No. 2022-10 to Authorize the City of Huntington Park to Conduct Teleconferenced Open Meetings in Accordance with Assembly Bill 361.
FINANCE
3. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:
Approve Accounts Payable and Payroll Warrants) dated March 1, 2022;
END OF CONSENT CALENDAR
REGULAR AGENDA
COMMUNITY DEVELOPMENT
* COREEN A THE PLAN FORESEE SEMENT
RECOMMENDED THAT CITY COUNCIL:
1. Authorize an agreement with the Salvation Army for crisis shelter beds for a term March 1, 2022 through June 30, 2023 for a not-to-exceed amount of $62,415.50; and
2. Approve a budget appropriation in the amount of $62,415.50 from Account No. 111-9050-462.56-41 General Fund - American Rescue Funds Contractual Services; and
3. Authorize the City Manager to execute the agreement.
FINANCE
CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING NEV
AND REVISED CLASS SPECIFICATIONS FOR THE POSITIONS OF RISI
MANAGEMENT ANALYST, FLEET/STREET MANAGER, POLICE RECORDS RECOMMENDED THAT THE CITY COUNCIL:
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 5 of 8
1. Adopt Resolution No. 2022-08 - A Resolution of the City Council of the City of Huntington Park Approving New and Revised Class Specifications for the positions of Risk Management Analyst, Fleet/Street Manager, Police Records Supervisor, and Police Captain
PUBLIC WORKS
CONSIDERATION AND APPROVAL TO AMEND NORTH STAR
LANDSCAPE'S CONTRACT SERVICES AGREEMENT TO INCLUDE
LANDSCAPE MAINTENANCE OF VETERANS PARK
RECOMMENDED THAT CITY COUNCIL:
1. Approve the amendment to North Star Landscape's Contract Services Agreement to oversee and perform landscape maintenance of Veterans Park for a monthly fee of $14,560 and extend the contract until April 15, 2024 as per the original agreement executed on April 15, 2019;
2. Obligate the allocation of an additional $58,240 for the remaining 2021-22 fiscal year budget to Account No. 535-8090-452.56-60 and a fiscal yearly amount of $174,720 starting in fiscal year 2022-23 and until the contract sunsets on April 15, 2024;
3. Authorize North Star Landscape to commence work starting April 1, 2022; and
4. Authorize the City Manager to execute the First Amendment.
7. CONSIDERATION AND APPROVAL TO ALLOW PUBLIC WORKS STAFF TO
PURCHASE A UTILITY SERVICE TRUCK
RECOMMENDED THAT CITY COUNCIL:
1. Approve the purchasing of a utility service truck for the Public Works Department for a not to exceed fee of $45,000 payable from Account No. 741- 8060-431.74-10 Fleet Fund Capital Equipment; and
2. Approve a budget transfer from Account No. 111-8095-431.61-50 General Frity stiles reprase from the fee unt, a. 741-800-431 74-10 (all
3. Authorize the City Manager to execute all applicable agreements.
8. CONSIDERATION AND APPROVAL OF AWARD OF CONTRACT FOR
PROJECT APPROVAL AND ENVIRONMENTAL DESIGN OF CIP 2019-14 ATP CYCLE V PROJECT NO. ATPSB1L-5150(017)
RECOMMENDED THAT CITY COUNCIL:
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 6 of 8
1. Award the design of Project Approval and Environmental Design of CIP 2019- 14 ATP Cycle V Project No. ATPSB1L-5150(017) to West & Associates Engineering, Inc. for a not-to-exceed fee of $24,800;
2. Utilize Account No. 202-8080-431.76-23 as the $24,800 is reimbursable from the State of California Department of Transportation (Caltrans); and
3. Authorize the City Manager to execute the professional services agreement.
CONSIDERATION AND APPROVAL OF LOS ANGELES COUNTY SAFE,
CLEAN WATER PROGRAM ANNUAL EXPENDITURE PLAN FOR FY 2022-23 RECOMMENDED THAT CITY COUNCIL:
1. Approve the Los Angeles County Safe, Clean Water Program Annual Expenditure Plan for FY 2022-23.
CITY MANAGER
10. CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING
THE CITY TO RETAIN CABRERA CAPITAL MARKETS, LLC AS SOLE
BOND UNDERWRITER, JONES HALL AS BOND AND DISCLOSURE
COUNSEL, NHA ADVISORS AS MUNICIPAL ADVISOR TO HELP THE CITY
ISSUE LEASE REVENUE BONDS AS SECURED BY MEASURE S
REVENUES FOR THE PURPOSE OF RENOVATING AND IMPROVING THE
CITY'S AQUATIC CENTER AND EVALUATE AND ANALYZE OTHER
POTENTIAL BOND RELATED FINANCINGS
RECOMMENDED THAT CITY COUNCIL:
1. Adopt Resolution No. 2022-09 to authorize the City of Huntington Park to issue Lease Revenue Bonds ("the bonds") as secured by Measure S sales tax revenues for the purpose of renovating and improving the city's aquatic center and hire the above referenced finance team to execute the issuance of the bonds and analyze other potential bond related financings.
END OF REGULAR AGENDA
DEPARTMENTAL REPORTS (Information only)
WRITTEN COMMUNICATIONS
COUNCIL COMMUNICATIONS
Council Member Manuel "Manny" Avila
Council Member Marilyn Sanabria
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 7 of 8
Council Member Karina Macias
Vice Mayor Eduardo "Eddie" Martinez
Mayor Graciela Ortiz
ADJOURNMENT
The City of Huntington Park City Council will adjourn to a Regular Meeting on Tuesday, April 5, 2022 at 6:00 P.M.
1, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 11th day of March 2022.
She Sa
Eduardo Sarmiento, City Clerk
CITY COUNCIL MEETING AGENDA
March 1, 2022 Page 8 of 8
ITEM NO. 1
MINUTES
Regular Meeting of the
City of Huntington Park City Council
Tuesday, March 1, 2022
The City Council hybrid virtual/in-person meetings are held pursuant to AB361 because state and local officials are recommending measures to promote social distancing conducted this meeting in accordance with
The regular meeting of the City Council of the City of Huntington Park, California was called to order at 6:04 p.m. on Tuesday, March 1, 2022, in the Council Chambers at Cit Hall, 6550 Miles Avenue, Huntington Park, California; Mayor Graciela Ortiz presiding.
PRESENT: Councilmember(s): Manuel "Manny" Avila, Marilyn Sanabria, Karina Macias, Vice-Mayor Eduardo "Eddie" Martinez and Mayor Graciela Ortiz CITY OFFICIALS/STAFF: Ricardo Reyes, City Manager Ricardo Reyes; Cesar Roldan, Director of Public Works; Raul Alvarez Assistant City Manager; Eduardo Sarmiento, City Clerk; Cosme Lozano, Chief of Police, Director of Finance & Administrative Services - Absent; Steve Foster, Director of Community Development; Sergio Infanzon, Director of Communications; Araceli Almazan, City Attorney, Cynthia Norzagaray Director of Parks & Recreation.
INVOCATION
Invocation was led by Mayor Graciela Ortiz.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Clerk Eduardo Sarmiento
PRESENTATION(S)
1. RECOGNITION OF ANIMAL CONTROL OFFICER
PUBLIC COMMENTS
The following members of the public submitted public comments:
1. Vianey Rocha
2. Sandra Guerrero
3. Eva Serrano
4. Zumba class advocate (no name provided)
5. Zumba class advocate (no name provided)
6. Zumba class advocate (no name provided)
7. Zumba class advocate (no name provided)
8. Zumba class advocate (no name provided)
9. Zumba class advocate (no name provided)
(Complete audio and video are available upon request at the City Clerk's office or can be accessed by clicking the following link. 03-1-22 Regular City Council Meeting)
STAFF RESPONSE
Mayor Ortiz thanked community members for providing public comment and asked the City Manager or Director or Parks and Recreation to provide a response to the public comments.
Parks and Recreation Director Cynthia Norzagaray provided a response to the public commenters related to the Zumba class at Keller Park. She shared that organized group event require a permit and additional conditions be met prior to starting a class of this kind. Ms. Norzagaray invited the participants to join the aerobics class held at Salt Lake Park, and fee waivers are also available for those with limited resources. She added that if any of the women are interested in becoming an instructor please reach out to Parks and Recreation in order to facilitate those efforts.
Mayor Ortiz directed staff to reach out to Ms. Rocha who is the leader of the Zumba group at Keller Park, and advised Ms. Rocha to inquire about the steps to become an instructor.
She also director staff to contact the other Zumba group members and inform them of the fee waivers and reasons for not allowing the class to continue. Mayor Ortiz emphasized the importance of safety and following existing protocols when starting this kind of program, and encouraged the group to peruse the idea collaboratively with City staff. (Complete audio and video are available upon request at the City Clerk's office or can be accessed by clicking the following link. 03-1-22 Regular City Council Meeting)
CLOSSED SESSION
City Attorney Almazan announced it is now appropriate that City Council recess into closed session to discuss the matters listed under the close session portion of the agenda.
Mayor Graciela Ortiz recessed to closed session at 6:20 p.m.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Construction Industry Force Account Council v. City of Huntington Park Los Angeles Superior Court Case No. 20STCPO3947
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Consideration of initiation in one potential case
Mayor Graciela Ortiz reconvened to open session at 7:09 p.m. with all Councilmembers present.
CLOSED SESSION ANNOUNCEMENT
CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 2 of 6
City Attorney Araceli Almazan announced the minutes should reflect that with all five members of the City Council present, the two (2) items listed on the close session agenda were discussed. With regard to item one (1) and two (2) Council was briefed, but no final action was taken. This concluded the closed session report.
CONSENT CALENDAR
OFFICE OF THE CITY CLERK
MOTION: Councilmember Sanabria moved to approve the consent calendar, seconded by Councilmember Macias. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
1. CITY COUNCIL MEETING MINTUES
Approve Minute(s) of the following City Council Meeting(s):
1-1. Regular City Council Meeting held February 15, 2022
FINANCE
2. CHECK REGISTERS
Approve Accounts Payable and Payroll Warrants) dated March 1, 2022;
END OF CONSENT CALENDAR
REGULAR AGENDA
PARKS AND RECREATION
3. RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DODGERS
DREAMTEAM PROGRAM GRANT FROM THE LOS ANGELES DODGERS
FOUNDATION FOR THE 2022 BASEBALL AND SOFTBALL SEASON AT SALT LAKE PARK.
MOTION: Councilmember Sanabria moved to adopt Resolution No. 2022-07, authorizing the acceptance of the Dodgers RBI Grant from the Los Angeles Dodgers Foundation for the 2022 Baseball season at Salt Lake Park; and authorize the City Manager to execute all related grant documents, seconded by Councilmember Avila. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 3 of 6
NOES: None
PUBLIC WORKS
CONSIDERATION AND APPROVAL TO ADOPT AN ENVIRONMENTALLY
PREFERABLE PURCHASING AND PRACTICES POLICY AS A CONDITION TO
RECEIVE STATE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY GRANTS
MOTION: Councilmember Sanabria moved to consider adoption of an Environmentally Preferable Purchasing and Practices (EPPP) Policy as a condition to receive State Department of Resources Recycling and Recovery (CalRecycle) grants, seconded by Councilmember Macias. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
CONSIDERATION SETTING APRIL 19, 2022 FOR THE ADOPTION OF LOCAL
ROADWAY SAFETY PLAN
MOTION: Councilmember Macias moved to set April 19, 2022 to adopt the Local Roadway Safety Plan; and authorize staff to post the draft Local Roadway Safety Plan on the City's website and distribute to community stakeholders for comment, seconded by Councilmember Avila. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
CONSIDERATION AND APPROVAL TO SOLICIT BIDS FOR THE DESIGN-
BUILD OF FIRE PROTECTION ALARM SERVICES AT THIRTEEN CITY
FACILITIES
MOTION: Councilmember Sanabria moved to authorize staff to publish and solicit a Request for Bid (RFB) from a State of California licensed C-16 - Fire Protection Contractor, per California Code of Regulations, Title 16, Division 8, Article 3 to desian, fabricate/manufacture and install a fire protection alarm system at thirteer City facilities, seconded by Mayor Ortiz. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 4 of 6
7. CONSIDERATION AND APPROVAL TO SOLICIT CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES AS PART OF THE OVERSIGHT OF CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 21/22 Councilmember Macias recused herself prior to item seven (7) beginning.
MOTION: Councilmember Sanabria moved to authorize staff to publish and solicit a Request for Proposal (RFP) from qualified firms to provide Construction Management and Inspection Services (CM/CI) for CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22, seconded by Councilmember Avila. Motion carried by unanimous consent.
AYES: Council Member(s): Avila, Sanabria, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
RECUSED: Councilmember Macias
At the conclusion of item seven (7) Councilmember Macias rejoined the Council meeting.
END OF REGULAR AGENDA
DEPARTMENTAL REPORTS
Communications Director Sergio Infanzon provided a report from the previous months events and workshops. He then shared the dates and times for upcoming events and workshops which are available on the City's webpage.
Parks and Recreation Director Cynthia Norzagaray shared that a blood drive will be held tomorrow at Salt Lake Park from 10:00 a.m. to 4:00 p.m. She also shared that in April the City will hold a 5k run and education event.
(Complete audio and video are available upon request at the City Clerk's office or can be accessed by clicking the following link. 03-1-22 Regular City Council Meeting)
WRITTEN COMMUNICATIONS
None
COUNCIL COMMUNICATIONS
Council Member Manuel Avila wished Councilmember Sanabria a Happy Birthday.
Council Member Marilyn Sanabria thanked staff and gave a special thanks to Sergio for the coordination of the Spay and Neuter clinic. She encouraged everyone to take advantage of the Spay and Neuter clinic in order to help control the animal population.
CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 5 of 6
Council Member Karina Macias thanked staff for their work. She thanked Police Chief Lozano and the Public Works team for their help with the food distribution event at Gage Middle School. She also thanked Sergio Infanzon for the successful events. She closed by wishing Councilmember Sanabria a Happy Birthday and a Happy Women's Month to all women.
Vice Mayor Eduardo "Eddie" Martinez thanked staff for all their efforts and keeping us safe. He also wished Councilmember Sanabria a Happy Birthday, and closed his remarks by congratulating Animal Control officer Lozano for his dedication to the City and his great work.
Mayor Ortiz reminded everyone to participate in the upcoming state of the City on March 12, 2022 at Keller Park. She then posed a question to the Community Development Director. She shared that participants of the first time home buyer workshops are inquiring when the application will be ready. She then requested that the Public Works department evaluate the HP Express stops to ensure all signs are properly posted anc each stop on the route is needed
ADJOURNMENT
Mayor Ortiz adjourned the meeting at 7:27 p.m. The next City of Huntington Park City Council meeting will be held on Tuesday March 15, 2022 at 6:00 pm Respectfully submitted,
Eduardo Sarmiento
City Clerk
CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 6 of 6
ITEM NO. 2
CITY OF HUNTINGTON PARK
City Clerk's Office
City Council Agenda Report
ALIPORNIA
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING THE CITY
TO CONTINUE ITS TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361
IT IS RECOMMENDED THAT CITY COUNCIL:
Adopt Resolution No. 2022-10 to Authorize the City of Huntington Park to Conduct Teleconferenced Open Meetings in Accordance with Assembly Bill 361.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The purpose of this resolution is to clarify that cities may continue to meet remotely in ccordance with the procedures outlined by previous executive orders issued. Assembl ill (AB) 361 allows cities to continue to meet remotely during gubernatorial states of emergency under modified Brown Act provisions. The provisions enacted in AB 361 providing flexibility to meet remotely during a proclaimed emergency will sunset on January 1, 2024.
AB 361 amends Government Code § 54953 to provide more clarity on the Brown Act's rules and restrictions surrounding the use of teleconferencing to conduct meetings. AB 361 provides relief from teleconferencing requirements, including the obligation to post meeting agendas at all teleconference locations for local agencies. However, the meeting must still be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Meaning, although local agencies are relieved from this obligation, local agencies should endeavor to post meeting agendas at all usual locations where it remains feasible to do so.
ADOPT RESOLUTION NO. 2022-04 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 March 15, 2022
Additionally, AB 361 clarifies on the following:
(A) State of Emergency: Teleconferencing will be Allowed as long as There is an Active Gubernatorial State of Emergency
The bill amends the Brown Act to allow local agencies to continue using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency. "It is not sufficient that county and/or city officials have issued a local emergency declaration - the emergency declaration must be one that is made pursuant to the California Emergency Services Act (Gov't Code § 8625). (B) Public Participation and Public Comment
(1) Local agencies must ensure that the opportunity for the public to participate in a meeting remains as accessible as possible
This means that local agencies cannot discriminate against members of the public participating either remotely or in-person. For instance, local agencies must clearly advertise how members of the public can observe a public meeting or offer comment during a meeting remotely, via either a call-in or internet-based option. Additionally, local agencies are required to provide the remote access information which includes the URL, email addresses, phone numbers, etc. Any of the information related to participation must be included in the relevant meeting notice(s) and meeting agenda(s). (2) Legislative Bodies must offer the public a chance to comment in real time and until comment period is closed
Additionally, AB 361 requires a public comment period where the public can address the legislative body directly. It expressly prohibits the board from limiting public comments to only comments submitted in advance. Additionally, the legislative body must allow for public comment (written and/or remote) up until the public comment period is closed at the meetings. Until such time during a meeting that the chairperson (or other authorized person) calls for a close to the public comment period, members of the public are allowed to submit their public comments directly or indirectly, orally, written, or otherwise. An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body that requires registration to log in to a teleconference, may be required to register as required by the third-party internet website or online platform to participate. (C) Technical Issues
ADOPT RESOLUTION NO. 2022-04 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 March 15, 2022
As discussed above, the agenda must include information on the way the public may access the meeting and provide comments remotely. If technical problems arise that result in the public's access being disrupted, the local agency may not take any vote or other official action until the technical disruption is corrected and public access is restored. (Gov't Code § 54953(e)(2)(D).)
(D) Local agency must make findings every 30 days by majority vote to continue exemptions to teleconferencing rules
A local agency acting under the teleconference exemptions must make findings about whether the circumstances explained above still apply. Specifically, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures pursuant to AB 361.
As a result, it is recommended that a resolution be considered by City Council to make said findings (i.e., The legislative body has reconsidered the circumstances of the state of emergency; AND, Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person; and/or ii) State or local officials continue to impose or recommend measures to promote social distancing), consistent with AB 361, and reconsider said resolution every 30 days thereafter by a majority vote, should the City desire to move in that direction.
FISCAL IMPACT/FINANCING
There is no fiscal impact with this action.
CONCLUSION
The goal of AB 361 is "to improve and enhance public access to local agency meetings during the Covid-19 pandemic and future applicable state of emergencies, by allowing wider access through conducting teleconferencing meetings consistent with Executive Order N-29-20. In accordance, the City Attorney's Office has prepared a Resolution for City Council's consideration that would authorize the City to conduct teleconferenced public meetings in accordance to AB 361. Upon Council approval, we will proceed with the recommended actions.
ADOPT RESOLUTION NO. 2022-04 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 March 15, 2022
Respectfully submitted,
She St
EDUARDO SARMIENTO
City Clerk
ARNOLD M. ALVAREZ-GLASMAN
City Attorney
ATTACHMENT(S)
A. Resolution No. 2022-10 Authorizing the City to Implement Teleconferenced Open Meetings Pursuant to Assembly Bill 361
B. Full Text of Assembly Bill 361
ATTACHMENT "A"
1 RESOLUTION NO. 2022-10
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 HUNTINGTON PARK, CALIFORNIA AUTHORIZING THE CITY TO
4 IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO
ASSEMBLY BILL 361
6 WHEREAS, City of Huntington Park values and places the highest priority on public safety and protecting its community; and
7 WHEREAS, the City Council of the City of Huntington Park continues to respond to the spread of coronavirus disease, and now hereby finds that international, national, 9 state, and local health and governmental authorities are continuing to respond to an outbreak of said respiratory disease caused by a novel coronavirus, also known and 10 abbreviated as COVID-19, ("COVID-19"); and
WHEREAS, the City of Huntington Park remains vigilant with federal, state, and 12 county official updates related to COVID-19 because information, orders, and directives continue to change; and
13 WHEREAS, Chapter 4-4.06, et seg. of the Huntington Park Municipal Code 14 authorizes the City Council to proclaim the existence or threatened existence of a local 15 emergency, and further authorizes the Director of Emergency Services with enumerated powers when the Governor or County has declared a state of emergency, which has been 16 the case as discussed hereinabove as it relates to COVID-19; and 17 WHEREAS, the City of Huntington Park is committed to preserving and 18 nurturing public access and participation in meetings of City Council; and 19 WHEREAS, all meetings of the City of Huntington Park's City Council are open and public, as required by the Ralph M. Brown Act (Gov't Code § 54950 - 54963), so 20 that any member of the public may attend, participate, and watch the City's Council 21 conduct their business; and
22 WHEREAS, the Brown Act, Government Code § 54953(e), makes provisions for 23 remote teleconferencing participation in meetings by members of local agencies, without compliance with the requirements of Government Code section 54953(b)(3), subject to 24 the existence of certain conditions; and
25 WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, 26 which suspended and modified the teleconferencing requirements under the Brown Act (Gov't. Code § 54950 et seq.) so that local agencies can hold public meetings via 27 teleconferences (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to 28 be used; and
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1 WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings 2 through September 30, 2021; and
3 WHEREAS, California Assembly Bill 361 was signed into law on September 16, 4 2021 and amended Government Code Section 54953; and
WHEREAS, Assembly Bill 361 has several requirements to ensure the public can 6 view and make public comments during the teleconferenced open meetings, including:
7 • To provide notice of how members of the public may access the meeting and offer public comments, including the chance for all persons to attend 8 the meeting via a call-in or internet-based service option; 9 The City Council cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the 10 meeting, or in the event of a disruption within the City Council's control which prevents members of the public from offering public comments, until 11 public access is restored;
• Prohibiting City Council from requiring public comments to be submitted in 12 advance of the meeting and would specify that the City Council must 13 provide an opportunity for the public to address the City Council and offer comments in real time;
14 • Prohibiting City Council from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time 15 has elapsed; and
16 WHEREAS, Government Code Section 54953(e)(3)(A-B) permits public 17 meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of 18 the meeting or proceeding, and each teleconference location shall be accessible to 19 the public; and
20 WHEREAS, Government Code Section 54953(b)(3) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when 21 City Council has reconsidered the circumstances of the COVID-19 state of emergency 22 and that the following circumstances exists;
23 1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's 24 subordinate Committees, Commissions, and Boards to meet safely in person; and
25 26 2. The State of California and the City of Huntington Park continue to impose or recommend measures to promote social distancing
27 WHEREAS, the City of Huntington Park continues to impose or recommend 28 measures to promote social distancing, which includes, but is not limited to:
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1 1. For the safety of everyone and due to COVID-19, not allowing the public to attend City Council meetings in person.
2 2. Posting COVID-19 safety measures.
3 WHEREAS, the proposed action is exempt from the requirements of the California 4 Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct 5 teleconferenced public meetings for all City's Committees, Commissions, and Boards, does not meet CEQA's definition of a "project", because the action does not have the 6 potential tor resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action 7 constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and is exempt pursuant to Section 8 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency; and
10 WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein; 11 12 WHEREAS, the City Council finds it is in the best interest of the City to implement teleconferenced open meetings pursuant to Assembly Bill 361; and 13 WHEREAS, the Huntington Park City Council have determined that the provisions 14 contained herein are necessary for the preservation of the public health and safety; 15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES HEREBY RESOLVE AS FOLLOWS:
17 SECTION 1. The City of Huntington Park shall charge the fee amount specified 18 in Exhibit A - Proposed Fee Changes to the Master Fee Schedule for Fiscal Year 2018-19, attached hereto and incorporated herein by this reference, for each itemized 19 service listed herein.
20 SECTION 2. That based on the City's powers, City Council may at its sole and 21 absolute discretion, establish by resolution to authorize the City to conduct teleconferenced open meetings pursuant to Assembly Bill 361; and 22 23 SECTION 3. That the City Council of the City of Huntington Park has reconsidered the circumstances of COVID-19 state of emergency and that the following circumstances continue to exist:
24 25 • The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the City's subordinate 26 Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Huntington Park continue to impose 27 or recommend measures to promote social distancing.
28 SECTION 4. Adoption of this Resolution declares and affirms that the City Councill of the City of Huntington Park authorizes that public meetings be teleconferenced in accordance to the provisions within AB 361.
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1 SECTION 5. It is hereby proclaimed and ordered that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the 2 City shall be as prescribe d by federal, state, and county law, as well as the laws, 3 ordinances and resolutioras of the City of Huntington Park. 4 SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction 5 to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would 6 have adopted this Resolution, and each section, subsection, paragraph, sentence, 7 clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, par agraphs, sentences, clauses, phrases, or portions thereof, 8 be declared invalid or un ceonstitutional. To this end, the provisions of this Resolution are de cl ared to be sever atole.
9 SECTION 7. That the City Clerk shall certify to the passage and adoption of 0 this Resolution and enter it into the book of original Resolutions and is directed to transmit a certified copy of this Resolution to the Board of Supervisors and the County 1 Clerk of the County of Los Angeles.
2 3
4 PASSED, APPROVED AND ADOPTED this 15th day of March, 2022. 5 6
.7 Gabriela Ortiz,
Mayor
ATTEST:
20 21
22 Eduardo Sarmiento,
City Clerk
23 24
25 26
27 28
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ATTACHMENT "B"
STATE OF CALIFORNIA
AUTHENTICATED
CELIKONC JAGAL MATERI
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
(Approved by day enter priet 16,20 Filed with
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 - 2 -
resolving requests for reasonable accommodation for individuals with disabilities, as specified.
imposed by the Ralph M. Brown Act when a legislative body of a local neasures to promote social distancing, during a proclaimed state of mergency held for the purpose of determining, by majority vote, whethe attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
'his bill would require legislative bodies that hold teleconference neetings under these abbreviated teleconferencing procedures to give notic offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. his bill would prohibit the legislative body from requiring publi mments to be submitted in advance of the meeting and would specifv tha ne legislative body must provide an opportunity for the public to address he legislative bodv and offer comment in real time. The bill would prohibi the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting purseant to these provis no, ande mame those died ingese ery evated thereafter, in order to continue to meet under these
teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's 92 - 3 Ch. 165
This bill would exclude from that prohibition, a registration requiremen mposed by a third-party internet website or other online platform not unde the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
possible to existing law, as provided.
3) Existing law establishes the various campuses of the California Sta niversity under the administration of the Trustees of the California Sta niversity, and authorizes the establishment of student body organizatior a connection with the operations of California State University campuse legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 - 4
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.
Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address he meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide otice of the meeting, and post the agenda, as provided. The bill would urg gislative bodies utilizing these teleconferencing procedures in the bill t use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the This bill would make legislative hindings to that ettect 8) This bill would declare that it is to take effect immediatelv as ar urgency statute.
The people of the State of California do enact as follows:
SECTION 1. Section 89305.6 is added to the Education Code, to read 39305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 5 Ch. 165
ectronically, to all members of the public seeking to observe and to addre the legislative body.
confereeing legislat to bis seton, al requirements in this arist eleconterencing pursuant to this section,
he legig the physia, presence ofe, as a condition or preciperson in o he legislative body, or the publi
quorum for a public meeting, are hereby suspended.
tele) Frenzing pissane to thy scion, all of the blowing requirements (2) For a legislative body holding a in this article are suspended:
and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
may observe the meeting and offer public comment.
to (al, ra legs and body mold arseing throug decente encing us and meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
in favor of accessibility.
when Aeries of the pede mach invoice mis five an her pas by. comment, pursuant to paragraph (2) of subdivision (e).
) Except to the extent this section provides otherwise, each legislativ ody that holds a meeting through teleconferencing pursuant to this sectio 92 Ch. 165 - 6 -
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and fler public comment. As to any instance in which there is a change in thi neans of public observation and comment, or any instance prior to th effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisty this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using he most rapid means of communication available at the time shall include ut need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to dhere as closely as reasonably possible to the otherwise applicab. rovisions of this article, in order to maximize transparency and provid the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
(b) (1) For a state body
• sending, all require mis in his are.
eleconterencing pursuant to this section, a
equiring the physical presence of members, the clerk or other personnel o he state body, or the public, as a condition of participation in or quorun for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are (A) Each teleconference location from which a member will be articipating in a public meeting or proceeding be identified in the notic and agenda of the public meeting or proceeding.
3) Men tels of ence Jocic on be acess e to thape bicy at eac " Members of the
teleconference conference location.
D) Post agendas at all teleconference location
E) At least one member of the state body be physically present at th location specified in the notice of the meeting.
members of the public to observe and adores the meeting in phonically 92 -7 - Ch. 165
or otherwise electronically, consistent with the notice and accessibility offer public comment.
this section and old is sa mes in the ought one in purest o meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests in favor of accessibility.
2) Advertise that procedure each time notice is given of the means b hich members of the public may observe the meeting and offer publi comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by thi article, and using the means otherwise prescribed by this article, as comment using the most rapid means of communication available at the ime. Advertising the means of public observation and comment using the (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
as of that date is repeal remain in effect only until January 31, 2022, and SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in ) (1) Notwithstanding any other provision of law, the legislative boc i a local agency may use teleconferencing for the benefit of the public ar the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
2) Teleconferencing, as authorized by this section, may be used for al urposes in connection with any meeting within the subject matt jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
3) If the legislative body of a local agency elects to use teleconferencin shall post agendas at all teleconference locations and condu teleconference location shall be accessible to the public.
Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
) The legislative body ot a local agency shall publicly report any acti ‹en and the vote or abstention on that action of each member present f (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Aci (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
92 - 9 - Ch. 165
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (2) Nothing in this subdivision shall be construed as discouraging health of the following circumstances:
(2) The and ative br local of mas have imposed or recon mended mergency,
measures to promote social distancing.
to the health or safety of attendees.
imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter
meeting and the aged shat provide an opensorth fubic to aros the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 - 10 -
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
C) The legislative body shall conduct teleconference meetings in anner that protects the statutory and constitutional rights of the partie and the public appearing before the legislative body of a local agency. agenda until public access to the meeting via
during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to ovide a physical location trom which the public may attend or comme ) Notwithstanding Section 54953.3, an individual desiring to provi G) 1) A leoslative body that provides a timed nu
or each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F) to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall recognized for the purpose of providing public comment. 111) A legislative body that provides a timed general public commen period that does not correspond to a specific agenda item shall not close th public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed 92 — 11 - Ch. 165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after eleconferencing for the first time pursuant to subparagraph (A), (B), or (C of paragraph (1), and every 30 days thereafter, make the following finding by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(3) hes tafth ellerging cruman tes ixitly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision,
stat For then pres do this pulsian on ection ogehcy" gehimia Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(D) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall meeting shall be by rollcall.
3) If the legislative bodv of a local:
t shall post agaid body l leer ee to ties and concing
constional rins of the paries or the pite spearing belore the 92 Ch. 165 - 12-
shall participate from locations within the boundaries of the territory over hich the local agency exercises jurisdiction, except as provided i subdivisions (d) and (e). The agenda shall provide an opportunity fo members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, teleconterence" means a meeti a legislative bodv. the members of which are in different location connected by electronic means, through either audio or video, or both.
Tothing in this section shall prohibit a local agency from providing the ublic with additional teleconterence locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
taken The leg islat or boy of a cal hat acy shal each hemper present or (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during he open meeting in which the final action is to be taken. This paragrap shall not affect the public's right under the California Public Records Ac (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which ı quorum is established pursuant to this subdivision shall be subject to al other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7. 14087.31. 14087.35. 14087.36 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Sectior 92 - 13- Ch. 165
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
of the following circumstances:
re The and ative bo colds cine in during a pror aimed state e nergency, and state or local offcials have imposi
measures to promote social distancing.
em) The for shaive bose had a menin yuming i proceed are of result of the emergency, meeting in person would present imminent risks (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph 3), that, as a result of the emergency, meeting in person would preser aminent risks to the health or safetv of attender
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas 92 Ch. 165 -14-
the public to address the legislative body and offer comment in real time.
This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website,
platform, not under the control of the local legislative body, that requires (I1) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be oving dile comen () The saf the elving cumsten to existly impact the ability of the members to meet safely in person.
(i) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 -15.- Ch. 165
of the legislative body of a local agency, except as otherwise provided in b) (I) Notwithstanding any other provision of law, the legislative bod f a local agency may use teleconferencing for the benefit of the public an meeting shall be by rollcall.
of a legislative body,
public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a ummary of a recommendation for a final action on the salaries, salar chedules, or compensation paid in the form of fringe benefits of a loca agency executive, as defined in subdivision (d) of Section 3511.1, during shal pen areing pubich the fundet the California Punic Record Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 - 16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the eleconference if at least 50 percent of the number of members that woul stablish a quorum are present within the boundaries of the territory ove which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health uthority members from regularly meeting at a common physical site withi le jurisdiction of the authority or from using teleconference locations withi a guaran is stained pursuant to this subdivision she be stage to al other requirements of this section.
(3) For purpose of hit subd 400. 140h 3th 5, 1408036.
created pursuant to Sections 14018.7, 14087.31,
'ode if the advisory committee has 12 or more members
e) This section shall become onerative January 1. 2024
purposes in connection with any meeting within (p)ses in reign at arized by this sethin the beyed mate! jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, shall post agendas at all teleconterence locations and condu leconference meetings in a manner that protects the statutory ar constitutional rights of the parties or the public appearing before the 92 - 17- Ch. 165
sue public o al ras tie legal body directly pursuan to Section 4954.3 (4) For the purposes of this section,
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any actior taken and the vote or abstention on that action of each member present fo (3) Prior to taking hinal action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph ward the establishment of a quorum when participating in th leconference if at least 50 percent of the number of members that woul (2) Nothing in this subdivision shall be construed as discouraging health thority members from regularly meeting at a common physical site with • jurisdiction of the authority or from using teleconference locations with or near the jurisdiction of the authority. A teleconference meeting for whic a quorum is established pursuant to this subdivision shall be subject to al 92 Ch. 165 - 18-
powers authority created pursuant to Article 1 (commencing with Section 500) ot Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisor committee to a county-sponsored health plan licensed pursuant to Chapte:
2.2 (commencing with Section 1340) of Division 2 of the Health and Safet Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024. shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the EC. 7. The Legislature finds and declares that Sections 3 and 4 of th st, which amend, repeal, and add Section 54953 of the Government Cod urther, within the meaning of paragraph (7) of subdivision (b) of Sectior 3 of Article I of the California Constitution, the purposes of tha health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred from meetings.
92 — 19 — Ch. 165
(b) The Legislature finds and declares that Section 1 of this act, which the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at people's business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.
The facts constituting the necessity are:
92 ITEM NO. 3
City of Huntington Park
List of Funds
Fund Description
111 General Fund
121 Special Revenue Welfare Inmate
122 Prevention Intervention
152 Greenway Linear Park Project
210 Measure M
216 Employees Retirement Fund
217 OPEB
219 Sales Tax - Transit Proposition A
220 Sales Tax - Transit Proposition C
221 State Gasoline Tax Fund
222 Measure R
224 Office of Traffic & Safety
225 Cal Cops Fund
226 Air Quality Improvement Trust
227 Office of Criminal Justice
228 Bureau of Justice Fund
229 Police Forfeiture Fund
231 Parking System Fund
232 Art in Public Places Fund
233 Bullet Proof Vest Grant
239 Federal Community Development Block Grant
242 HUD Home Program
275 Successor Agency
283 Sewer Maintenance Fund
285 Solid Waste Management Fund
287 Solid Waste Recycle Grant
334 Ped/Bike Path Fund
475 Public Financng Authority
535 Street Lighting and Landscape
681 Water Department Fund
741 Fleet Maintenance
745 Self-Insurance Fund
City of Huntington Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount ADAMSON POLICE PRODUCTS INV361356 111-7022-421.61-24 NEW UNIFORMS-PD 777.27 INV364531 111-7022-421.61-24 NEW UNIFORMS-PD 148.84
$926.11
ALADDIN LOCK & KEY SERVICE 31554 111-8022-419.43-10 KEYS FOR COURTHOUSE 101.30 31759 111-8023-451.43-10 KEY FOR BATHROOM IN FIELD 24.26 31603 111-8024-421.43-10 RE-KEY CHIEFS OFFICE 317.37
31758 741-8060-431.43-20 KEY FOR PD CAR UNIT 197 195.14 $638.07
ALL CITY MANAGEMENT SERVICES, INC 73244 111-7022-421.56-41 CROSSING GUARD SVCS 124.95 73577 111-7022-421.56-41 CROSSING GUARD SVCS 71.40
74194 111-7022-421.56-41 CROSSING GUARD SVCS 71.40
75217 111-7022-421.56-41 CROSSING GUARD SVCS 10,111.43
$10,379.18
AMAZON.COM SERVICES, INC. 176Y-QDP6-1934 111-6010-451.61-25 OFFICE SUPPLIES - PARKS 219.40 1L3K-NHTN-MF1G 111-6010-451.61-25 OFFICE SUPPLIES - PARKS 46.29 1NFW-KNF4-9G3L 111-6010-451.61-25 OFFICE SUPPLIES - PARKS 153.95 AMTECH ELEVATOR SERVICES 151400699237 111-8022-419.56-41 CITY HALL ELEVATOR SVCS ANTHONY LINARES 01102022 111-7010-421.59-20 MILAGE REIMBURSTMENT ARDON WELDING INC. 2161 535-8090-452.43-20 IRON FENCE-FREEDOM PARK AT&T 1/22-2/21 111-6010-419.53-10 SALT LAKE CAMERA
000017795774 111-7010-421.53-10 PD DISPATCH PHONE
000017660669 111-9010-419.53-10 CITY WIDE PHONE SVCS
2/21-3/20 111-9010-419.53-10 BACKUP INTERNET-COMMUNITY CENTER 2/23-3/22 111-9010-419.53-10 BACKUP INTERNET-PUBLIC WORKS YARD 2/28-3/27 111-9010-419.53-10 BACKUP INTERNET-FREEDOM PARK 2/28-3/27 111-9010-419.53-10 BACKUP INTERNET-RAUL PEREZ PARK AT&T MOBILITY X02142022 111-7010-421.53-10
X02252022 111-7010-421.53-10
AT&T PAYMENT CENTER 12/5-1/4 111-7010-421.53-10 PD PHONE SERVICE BDG LAW GROUP 30278 745-9031-413.32-70 LEGAL SVCS- VARIOUS CASES BEAR ELECTRICAL SOLUTIONS, INC 14902 & 14901 221-8014-429.56-41 TRAFFIC SIGNAL MONTHLY BENEFIT ADMINISTRATION CORPORATION 6030494-IN 111-2030-413.56-41 FLEX ADMIN FEES JAN 2022 BIG BELLY SOLAR, INC 36950 287-8055-432.61-20 PARTS FOR TRASH STATIONS 2,709.81 1 of 8
City of Hur...ngton Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount BIG BELLY SOLAR, INC Q38067-4 287-8055-432.61-20 RECYCLE WASTE LINER BAGS 7,524.41 $10,234.22
BLACK AND WHITE EMERGENCY VEHICLES 4206 111-7022-421.61-24 2015 CHEVY TAHOE- PD 4,114.38 $4,114.38
CALPRIVATE BANK 2423168D3RBGHEW 111-0110-411.66-05 SMART AND FINAL 51.78 2469216QM2XMY2W 111-0110-411.66-05 COUNCIL SUPPLIES 165.96 2469216QT2XH1K5 111-0110-411.66-05 AMAZON ONLINE ORDER 33.92 2469216QZ2XYS42 111-0110-411.66-05 STARBUCKS COFFEE 10.00 2480197D2M45T4A 111-0110-411.66-05 JADE SAIM 193.21
2423168QMGEW 111-0210-413.61-20 ADMIN SUPPLIES 74.96
2455930B2S66KYT 111-2030-413.61-20 CITY CLERK ASSOCIATION 200.00 $729.83
CARD INTEGRATORS 00006479 111-7010-421.56-41 DEPARTMENTS PHOTO ID 440.99 CENTRAL BASIN MWD HP-JAN22 681-8030-461.41-00 IMPORTED WATER JAN 2022 132,943.89 $132,943.89
CENTRAL FORD 385849 219-8085-431.43-21 SUSPENCION SHUTTLE BUS 385850 219-8085-431.43-21 AC AIR VENTS ALL SHUTTLES 180.01 386042 219-8085-431.43-21 PARTS FOR UNIT 002 426.46
385644 741-8060-431.43-20 FUEL FILLER PIPE PD UNIT 213.16 385655 741-8060-431.43-20 BAR LINKS PD UNIT 498.37
385661 741-8060-431.43-20 POLICE UNIT FILLER PART 5.09
385672 741-8060-431.43-20 AC HIGH PRESSURE TUBE 198.85
385673 741-8060-431.43-20 FUEL FILLER PIPE 213.16
385715 741-8060-431.43-20 AC HIGH PRESSURE WIRE 25.66
385722 741-8060-431.43-20 NEW STEERING WHEEL 189.08
385762 741-8060-431.43-20 SENSOR FOR PD UNIT 904 75.37
386020 741-8060-431.43-20 PART FOR PD UNITS 72.68
386040 741-8060-431.43-20 UPPER/LOWER CONTROL ARM 704.63 386075 741-8060-431.43-20 REAR BROKE PADS 697.10
$3,809.20
CHARTER COMMUNICATIONS 0511379021322 111-7010-421.53-10 PD INTERNET BACKUP 159.98 0019175020122 111-9010-419.53-10 CABLE SERVICES-CITY CLERK 13.28 0511353021922 111-9010-419.53-10 CITY HALL BACKUP INTERNET 194.97 $368.23
CINTAS CORPORATION NO 3 4111257037 741-8060-431.56-41 UNIFORM DRY CLEANING 343.83 4111935634 741-8060-431.56-41 UNIFORM DRY CLEANING 343.83 $687.66
CITY AND COUNTY ENGINEERS ASSOC. 03012022 111-8020-431.64-00 MEMBERSHIP FEES MARCH 22 50.00 $50.00
COMMERCIAL TIRE COMPANY 1-171841 741-8060-431.43-20 TRACTOR TIRES UNIT 412 620.00 $620.00
2 of 8
City of Huntington Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount CONCENTRA MEDICAL CENTERS 74414409 111-2030-413.56-41 PHYSICAL BUNDLE-EMPLOYEE 493.00 CORPORATE WAREHOUSE SUPPLY 31460 111-9010-419.44-10 KONICA BIZHUB TONER CRAFCO INC 902641215 221-8010-431.61-21 COLD CATCH BAG- PW CREATIVE BUS SALES, INC. XA111001083:01 219-8085-431.43-21 HANDICAP LIFT MODULES DAPEER, ROSENBLIT & LITVAK 19859 111-0220-411.32-70 LEGAL SVCS- PD DATA TICKET INC. 134204 111-7065-441.61-20 ANIMAL CONTROL CITATION 20220101 111-7065-441.61-20 FIREWORKS CITIATION
DEPARTMENT OF ANIMAL CARE & CONTROL 02252022 111-7065-441.56-41 ANIMAL CARE HOUSING DEPARTMENT OF INDUSTRIAL RELATIONS E1860481MR 111-8022-419.56-41 ELEVATOR INSPECTION DF POLYGRAPH 2022/1 111-7010-421.56-41 POLYGRAPH EXAMINATIONS DUNN EDWARDS CORPORATION 2009332009 111-8020-431.43-10
2009335310 111-8095-431.61-50
ESTEBAN PALACIOS 12142021 111-7010-421.59-20 MILAGE REIMBURSTMENT EVELIO SUAREZ 01222022 111-7010-421.59-20 MILAGE REINBURSTMENTS 01292022 111-7010-421.59-20 MILAGE REINBURSTMENTS
FEDEX 7-673-54720 111-7010-421.61-20 SHIPPING CHARGES
FERGUSON ENTERPRISES INC 1073701 111-8022-419.43-10 PLUMBING SUPPLIES GEORGE CHEVROLET 105578 741-8060-431.43-20 COOLANT SYSTEM-PD UNIT 105746 741-8060-431.43-20 REPAIR PARTS FOR UNIT 354
106249 741-8060-431.43-20 WATER PUMP FPR PD UNITS
GRAINGER 9227256014 741-8060-431.43-20 LIGHT BAR FOR PW GUTIERREZ BACKGROUND INVESTIGATIONS 2022-1 111-7010-421.56-41 BACKGROUND INVESTIGATION HASA, INC. 794973 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 794974 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
794976 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
797012 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
3 of 8
City of Huhungton Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount HASA, INC. 797013 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 205.60 797014 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 204.23 797231 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 210.35 797232 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 91.90 797233 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 174.76 799333 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 224.65 799334 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS 81.69 799335 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
800256 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
800257 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
800258 681-8030-461.41-00 SODIUM HYPOCLORITE-WELLS
IBE DIGITAL 441109 111-9010-419.44-10 BLACK & WHITE TONER INFRASTRUCTURE ENGINEERS 26114 111-6010-451.76-05 CONSTRUCTION/MGMT INSPECTION 26232 111-6010-451.76-05 CONSTRUCTION/MGMT INSPECTION 7,216.00 $14,080.00
INNER CITY VISIONS 1000 111-5010-419.56-49 CD HOMELESS OUTREACH $12,400.90
JDS TANK TESTING & REPAIR INC 16985 741-8060-431.43-20 DESIGNATED OPERATER FEB 2022 JOEL GORDILLO JG202202 111-1010-411.56-41 CM FILMING & BROADCASTING JONES LUMBER COMPANY, INC 261944 111-8020-431.43-10 PW YARD ROOF REPAIRS 2,870.41 $2,870.41
JULIO MORENO 05182021 111-7010-421.59-20 TRAINING REIMBURSEMENT 316.05 $316.05
KONICA MINOLTA BUSINESS SOLUTIONS 278272219 111-6010-451.56-41 COPIER LEASE 241.40 LA COUNTY SHERIFF'S DEPT 221958SG 121-7040-421.56-41 INMATE MEAL SERVICES LAC+USC MEDICAL CENTER 120010 111-7030-421.56-16 SART EXAM - PD LAN WAN ENTERPRISE, INC 72889 111-7010-419.43-15 IT MONTHLY MAINT 72917 111-7010-419.43-15 IT SVCS MONTHLY MAINT
72889 111-9010-419.43-15 IT MONTHLY MAINT
72917 111-9010-419.43-15 IT SVCS MONTHLY MAINT
LB JOHNSON HARDWARE CO. 118957 111-8020-431.43-10 SCREWS FOR CITY HALL 119206 111-8020-431.43-10 COMPRESSION COUPLING 48.14
119323 219-8085-431.43-21 SEALANT SHUTTLE BUS 004 26.26 119079 741-8060-431.43-20 BOLTS FOR SHOP SUPPLIES
$95.24
4 of 8
City of Huntington Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount LC ACTION POLICE SUPPLY 435328 111-7022-421.61-24 POLICE SUPPLIES 1,292.15
435590 111-7022-421.61-24 POLICE SUPPLIES
LEGAL SHIELD 0143713 111-0000-217.60-50 IDENTITY THEFT PROTECTION LONG BEACH PRESS-TELEGRAM D308C02B-0001 111-1010-411.54-00 NEWSPAPER PUBLICATIONS D308C02B-0003 111-1010-411.54-00 NEWSPAPER PUBLICATION
MANAGED HEALTH NETWORK PRM-070098 111-0000-217.50-60 EMPLOYEE MENTAL WELLNESS MIGUEL FUENTES 04272021 111-7010-421.59-15 TRAINING ACADEMY- PD MUNICIPAL WASTE SOLUTIONS 1086 287-8055-432.54-00 BEVERAGE CONTAINER GRANT NACHO'S LOCK & KEY SERVICE 017223 111-8024-421.43-10 NEW LOCK/KEY- PD OFFICE NATIONAL EMBLEM, INC. 396362 111-7022-421.61-27 HPPD UNIFORM PATCHES NEW CHEF FASHION INC. 1024177 111-7030-421.61-20 EMPLOYEE UNIFORM 1024178 111-7030-421.61-20 EMPLOYEE UNIFORM
1024179 111-7030-421.61-20 EMPLOYEE UNIFORM
1024309 111-7030-421.61-20 EMPLOYEE UNIFORM
NICOLAS DE LAO 02102022 111-7010-421.59-20 MILAGE REIMBURSTMENT NORTH STAR LAND CARE 1601-294 535-8090-452.56-60
O'REILLY AUTO PARTS 2959-107913 741-8060-431.43-20 AIR FILTER ALL UNITS 2959-109635 741-8060-431.43-20 AC FILTER UNIT 402
2959-110729 741-8060-431.43-20 TWO WAY SPLICE CONNECTOR 2959-113870 741-8060-431.43-20 SEALANT ALL UNITS
5655-284083 741-8060-431.43-20 BRAKE ROTOR BAND/BELT
5655-284756 741-8060-431.43-20 FRONT REAR BRAKE PADS 375.75 5655-284783 741-8060-431.43-20 BALL JOINT PARTS 232.74
5655-284786 741-8060-431.43-20 WHEEL WEIGHTS ALL UNITS 42.42 5655-284830 741-8060-431.43-20 WIPER BLADES
5655-285319 741-8060-431.43-20 OIL STABILIZER ALL UNITS 112,39 5655-285365 741-8060-431.43-20 ELECTRICAL CONNECTORS 221.36 $1,306.44
OLIVAREZ MADRUGA, LLP 18349 745-9031-413.32-70 REMITTANCE STATEMENT 204.21 $204.21
ORANGE LINE DEVELOPMENT AUTHORITY 111-5010-419.56-41 HP SB1 STATION AREA PLANS 3,197.57 111-5010-419.56-41 HP SB1 STATION AREA PLANS 8,847.18
= 5of 8
City of Hu.....gton Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount ORANGE LINE DEVELOPMENT AUTHORITY 111-5010-419.56-41 HP SB1 STATION AREA PLANS 5,004.27 $17,049.02
ORLOFF & ASSOCIATES APC 02222022 745-9031-413.52-30 LIABILITY SETTLEMNET 15,000.00 $15,000.00
PARS 49962 111-9010-419.56-41 PARS FEES
50023 216-3010-415.56-41 PARS REP FEES 2,533.54
$3,009.79
PAUL MUNOZ 01032022 111-7010-421.59-20 MILAGE REIMBURSTMENT 360.36 $360.36
PITNEY BOWES 3105340585 111-7040-421.44-10 MAILING SYSTEM CHARGES 593.32 $593.32
PURCHASE POWER 03132022 111-9010-419.53-10 POSTAGE 2,658.74 $2,658.74
QDOXS IN41734 111-8020-431.43-05 XEROX COPIER CHARGE 21.90 IN41734 285-8050-432.43-05 XEROX COPIER CHARGE
IN41734 681-8030-461.43-05 XEROX COPIER CHARGE
RESOURCE BUILDING MATERIALS 3292348 111-8010-431.61-20 CONCRETE MIX RINCON CONSULTANTS, INC. 21-11410 111-5010-419.56-49 [COMMUNITY ENGAGEMENT PORJECT SALVADOR PEREZ-JIMENEZ 286856 111-8010-431.15-25 BOOT REIMBURSEMENT SONSRAY MACHINERY, LLC PS0007426-2 741-8060-431.43-20 REPAIR FOR TRACTOR #412 PSO009592-1 741-8060-431.43-20 REPAIR TRACTOR UNIT 412 702.02 PSO010080-1 741-8060-431.43-20 TIRE UNIT 411 717.14
$2,302.03
SOUTHERN CALIFORNIA EDISON 001175020122 111-8020-431.62-10 ELECTRICAL SVCS-6900 BISSEL 1,494.91 1/19-2/15 681-8030-461.62-20 ELECTRICAL SVCS-BEAR/FLORNCE 3,707.77 12/17-1/18 681-8030-461.62-20 ELECTRICAL SVCS-BEAR/FLORNCE 3,904.77 $9,107.45
SPARKLETTS 15142085022422 111-0110-411.66-05 DRINKING WATER ALL DEPTS 27.53 15142085022422 111-0210-413.61-20 DRINKING WATER ALL DEPTS 27.53 15142085022422 111-1010-411.61-20 DRINKING WATER ALL DEPTS 29.93 15142085022422 111-2030-413.61-20 DRINKING WATER ALL DEPTS 36.12 15142085022422 111-3010-415.61-20 DRINKING WATER ALL DEPTS 76.84 15142085022422 111-5010-419.61-20 DRINKING WATER ALL DEPTS 45.50 15142085022422 111-5055-419.61-20 DRINKING WATER ALL DEPTS 30.34 15142085022422 111-6010-451.61-20 DRINKING WATER ALL DEPTS 173.84 15142085022422 111-8020-431.61-20 DRINKING WATER ALL DEPTS 49.91 $497.54
STANDARD INSURANCE COMPANY 378917 0002 111-0000-217.50-70 STANDARD ADD. LIFE INSURANCE 324.70 $324.70
STAPLES ADVANTAGE 8065393688 111-3010-415.61-20 OFFICE SUPPLIES CITY WIDE 125.86 6 of 8
City of Huntington Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount STAPLES ADVANTAGE 8065393688 111-6010-451.61-20 OFFICE SUPPLIES CITY WIDE 584.24 8065393688 111-7010-421.61-20 OFFICE SUPPLIES CITY WIDE 144.49 8065393688 111-8020-431.61-20 OFFICE SUPPLIES CITY WIDE 111.67 $966.26
SUPERION, LLO 345479 111-7010-421.74-10 RMS SYSTEM COMPLETED 4,674.00 346617 111-9010-419.33-10 JAN 2022 TRANSACTIONS 302.10
$4,976.10
T-MOBILE USA 1/21-2/20 111-5055-419.53-10 CE PHONES 114.28 11/21-12/20 111-8010-431.53-10 PHONE SCS-PW 774.00
11/21-12/20 111-8095-431.53-10 PHONE SVCS-PW 208.08
11/21-12/20 681-8030-461.53-10 PHONE SVCS-PW 154.80
$1,251.16
THE GAS COMPANY 1/7-2/8 111-7024-421.56-41 COURT HOUSE GAS CHARGE 1,486.91 1/11-2/10 111-7024-421.62-10 GAS SVCS FOR VARIOUS BLDGS 1,214.19 1/11-2/10 111-8020-431.62-10 GAS SVCS FOR VARIOUS BLDGS 653.89 1/11-2/10 111-8022-419.62-10 GAS SVCS FOR VARIOUS BLDGS 1,435.68 1/11-2/10 111-8023-451.62-10 GAS SVCS FOR VARIOUS BLDGS 544.31 $5,334.98
THORSON MOTOR CENTER 434832 741-8060-431.43-20 TRANMISSION MOUNT #185 TIREHUB, LLC 25581523 741-8060-431.43-20 TIRE UNIT 185
25581541 741-8060-431.43-20 TIRES FOR UNIT 186
U.S. ARMOR CORPORATION 36460 111-7022-421.61-24 PD BULLET PROOF VESTS 36460 233-7010-421.74-10 PD BULLET PROOF VESTS
UNDERGROUND SERVICE ALERT OF SO CAL 220220129 221-8014-429.56-41 CHP01 NEW TICKET CHARGES DSB20210386 221-8014-429.56-41 CA STATE FEE DIG ALERT 118.44 $403.99
UNITED INDUSTRIES 220532 111-8010-431.61-20 DISPOSABLE SAFETY GLOVES 128.59 $128.59
WALTERS WHOLESALE ELECTRIC COMPANY S119768814.002 111-8022-419.43-10 LAMPS FOR COURT HOUSE 211.14 S119768814.003 111-8022-419.43-10 LAMPS FOR COURT HOUSE 351.85 $562.99
WATER REPLENISHMENT DISTRICT OF 2378 681-8030-461.41-00 GROUNDWATER PRODUCTION 88,783.96 $88,783.96
WEBIPLEX, INC 3833 111-7022-421.56-41 ANNUAL SOFTWARE RENEWAL 5,300.00
$5,300.00
WEST & ASSOCIATES ENGINEERING, INC 1008.16.05-07 111-8031-433.76-17 STAFFING AUGMENTATION 6,450.00 1008.16.22-03A 111-8031-433.76-17 INSPECTION PERMITTING FEB 3,700.00 1008.16.22-03B 111-8031-433.76-17 NDES SYSTEM FEB 2022 12,600.00 1008.16.06-01 202-8080-431.76-21 ENGINEERING SVCS FEB 2022 9,000.00 $31,750.00
~ 7 of 8
City of Humongton Park
Demand Register
WR 3/15/2022
Payee Name Invoice Number Account Number Description Transaction Amount XEROX FINANCIAL SERVICES 3050476 111-8020-431.43-05 COPIER LEASE PAYMENT 59.99 3050476 285-8050-432.43-05 COPIER LEASE PAYMENT 59.98
3050476 681-8030-461.43-05 COPIER LEASE PAYMENT 59.99
$179.96
$534,116.81
8 of
ITEM NO. 4
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AUTHORIZE A REIMBURSEMENT
AGREEMENT WITH THE SALVATION ARMY FOR CRISIS HOUSING
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Authorize an agreement with the Salvation Army for crisis shelter beds for a term March 1, 2022 through June 30, 2023 for a not-to-exceed amount of $62,415.50;
2. Approve a budget appropriation in the amount of $62,415.50 from Account No. 111-9050-462.56-41 General Fund - American Rescue Funds Contractual Services; and
3. Authorize the City Manager to execute the agreement.
BACKGROUND
The City of Huntington Park is experiencing a historic rise in the number of un-housed/ homeless individuals within the community. This is a nationwide problem that has significant impacts on the quality of life for the businesses and residents within the community. Individuals may be tacing a variety of issues that are causing them to lose their ability to be sheltered. Historically, these issues can stem from financial difficulties, mental health issues, addictions, and other causes and has been compounded by the COVID 19 pandemic.
The Gateway Council of Governments COG) has established a sub-regional homeless services coordination with the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, Vernon, and the First Supervisory District of the County of Los Angeles as a local coordinating alliance (LCA1). The purpose of the LAC1 is to coordinate resources and services to address homelessness in south eastern Los Angeles.
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO PROVIDE HOMELESS OUTREACH SERVICES
March 15, 2022
The LCA1 is looking to partner with the Salvation Army for 40 crisis shelter beds. The beds are intended to house homeless individuals that are at least 18 years old and are low barrier/low demand. The shelter will also provide a litany of support services as part of the intake of homeless individuals. The ability of having a shelter bed as a resource will also encourage homeless individuals to get the help that they need and provide Public Safety staff with a tool that they can utilize to encourage individuals to be in a safe environment.
FISCAL IMPACT
The City would be responsible for their fair share (1/8'*) of the agreement divided equally between the agencies. The term to for consideration tonight is from March 1, 2022 through June 30, 2023 at a cost of $62,415.50. The annual cost for Huntington Park will be $46,785.70 thereafter. The agreement would be allocated from the City's General Fund - American Rescue Funds. It is an allowable expenditure from these funds.
CONCLUSION
Upon Council's direction, staff will proceed with actions as directed.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Interim Community Development Director
ATTACHMENTS):
A. Draft Agreement
ATTACHMENT "A"
REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of March → 2022 ("Effective Date") by and among the CITY OF BELL, a California charter city ("Bell"), the CITY OF BELL GARDENS, a California general law city ("Bell Gardens"), the CITY OF COMMERCE, a California general law city ("Commerce"), the CITY OF CUDAHY, a California general law city ("Cudahy"), the CITY OF HUNTINGTON PARK, a California general law city ("Huntington Park"), the CITY OF MAYWOOD, a California general law city ("Maywood"), the CITY OF SOUTH GATE, a California general law city (South Gate"), and the CITY OF VERNON, a California charter city and municipal corporation ("Vernon"), collectively referred to herein as the "LCA1 Members" and/or the "Parties".
RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coordinating Alliance 1 ("LCAl"), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 ("SPA 7"). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.
B. Los Angeles County (First and Fourth Supervisorial Districts) ("County") will separately participate with The Salvation Army for the same services as set forth herein pursuant to separate agreements directly with the Salvation Army Bell Shelter.
C. A "Shelter Bed" is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 9020, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.
D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.
E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority's ("LAHSA") Homeless Management Information System ("HMIS"). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.
F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System ("County CES"), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.
Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.
G. The LCAl Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.
H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.
I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.
The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members' homeless population, based on certain conditions. 01135.0001/536707.2 -2-
J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.
K. To this end, the City of Bell and The Salvation Army, a California corporation (Salvation Army") have entered into an agreement, dated March _ 2022, as set forth in Exhibit A (the "Salvation Army Agreement"), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members' homeless housing population.
L. Separately, the City of Bell, as lead agency, applied for and received a $500,000 Measure H Innovation Fund Grant ("Measure H Grant") from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by fifty percent (50%) from $999,324 to $499,324. In return for the Measure H Grant award, the LCA1 Members agree that if the thirty-six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty-six (36) Shelter Beds, which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.
M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the "Homeless Liaison"), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.
N. The Shelter Beds are designed to provide the LCAI Members with an additional dd to the unhoused population in the communities of the Southeast Los Angele ubregion. Thus, the pilot program proposed by the LCA1 Members is designed t rovide an enhanced level of support, resources, and communication in order 1 nsure any placement of individuals within the Salvation Army Bell Shelter rema 01135.0001/536707.2 -3-
O. The LCA1 Members agree that the costs of this Agreement will be shared equally mong all of the LCA1 Members and they shall be required to pay their equal shar ach month during the term of this Agreement. If a LCA1 Member chooses t my Bel Shelter (which adition may recor
en that the sheller Be df remain rig peren robbi pran one men berand
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.
Section 2. Term: Termination.
(a) The term of this Agreement will commence on March 1, 2022 and end on June 30, 2023 (the "Term") for a total of 487 days.
(b) In addition, this Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.
The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell's discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately available to take such terminating Party's share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.
Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member's homeless population, each LCA1 Member shall be required to pay the monthly 01135.0001/536707.2 -4-
amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.
As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.
Total Agreement Cost
The total cost of the Salvation Army Agreement is $999,324 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 487 days.
The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $499,324.
Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds at a cost of $117,420. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds at a cost of $58,710, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program.
The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $62,415.50 of the total Agreement of $499,324.
Monthly Invoice
The City of Bell, as lead agency, will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.
Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect 01135.0001/536707.2 -5-
Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran's Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the forty (40) prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members' homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty-six (36) prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless 01135.0001/536707.2 -6-
Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.
Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below.
Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter's daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need. The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.
After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested n the day of or on the day after intake regardless of vaccine status, il) it an incomin articipant is vaccinated. the particinant may move into a public safety prioritized bed. i 01135.0001/536707.2 -7-
a participant is not vaccinated, they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCAI Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member's proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (il) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work - e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
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Section 6. Defaults and Indemnification Provisions.
Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnity, defend and hold harmless each of the other Parties, and their respective officers, employees and agents ('Indemnified Parties") against, and will hold and saye them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell's negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties' negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties' respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or opcrations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.
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Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein.
Attorneys' Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees.
Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (1) such party is duly organized and existing, (i1) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/536707.2 -10-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
Name:
Title:
Address: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
01135.0001/536707.2 -11-
CITY:
CITY OF BELL GARDENS,
a California general law city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF COMMERCE,
a California general law city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF CUDAHY,
a California general law city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
01135.0001/536707.2
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF MAYWOOD,
a California general law city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF SOUTH GATE,
a California general law city
By:
Name:
Title:
01135.0001/536707.2
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF VERNON,
a California charter city
By:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
01135.0001/536707.2
ITEM NO. 5
CITY OF HUNTINGTON PARK
Finance Department
City Council Agenda Report
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING NEW AND
REVISED CLASS SPECIFICATIONS FOR THE POSITIONS OF RISK MANAGEMENT
ANALYST, FLEET/STREET MANAGER, POLICE RECORDS SUPERVISOR, AND
POLICE CAPTAIN
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Adopt Resolution No. 2022-08 - A Resolution of the City Council of the City of Huntington Park Approving New and Revised Class Specifications for the positions of Risk Management Analyst, Fleet/Street Manager, Police Records Supervisor, and Police Captain
BACKGROUND
Baza, ipe the curass sped of the Silen thate dional real caping position has been revised to reflect the enhanced duties of the position.
The Class Specifications attached to the Resolution in Exhibit A were presented to and approved by the Civil Service Commission on March 2, 2022.
FISCAL IMPACT/FINANCING
The salary and benefits for these positions are included in the Fiscal Year 2021-2022 Operating Budget.
CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING NEW AND
REVISED CLASS SPECIFICATIONS FOR THE POSITIONS OF RISK MANAGEMENT
ANALYST, FLEET/STREET MANAGER, POLICE RECORDS SUPERVISOR, AND
POLICE CAPTAIN
March 15, 2022
CONCLUSION
Upon adoption of the resolution, the new class specifications will be used for future recruitments.
Respectfully submitted,
RICARDO REYES
City Manager
It Man
NITA MCKAY
Director of Finance & Administrative Services
ATTACHMENTS)
A. New and revised Class Specifications
B. Resolution No. 2022-08 - Approving New and Revised Class Specifications for the Positions of Risk Management Analyst, Fleet/Street Manager, Police Records Supervisor, and Police Captain
Exhibit A
Class Specifications
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
RISK MANAGEMENT ANALYST
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Human Resources Approved by City Council:
FLSA Status: Exempt Resolution No.:
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job
DEFINITION
Under the administrative direction of the Human Resources Supervisor, to plan, organize, direct and coordinate a comprehensive risk management program, to include administration of a risk management plan, a legal exposure plan, administration of insurance requirements. This position will be assigned to the Human Resources Department with primary responsibility to perform professional analytical support and consulting services to City departments in a variety of risk management program areas, including workers' compensation, disability management, occupational health and safety, ADA Title Il and III coordination, employee benefit and insurance, public liability, casualty insurance, loss prevention, and related liability claims.
EXAMPLE OF DUTIES
The following duties are typical for this classification. Incumbents may not perform all the listed duties andlor may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
• Assists in developing goals, objectives, policies, procedures, work standards, and administrative control systems for claims and insurance;
• Coordinates department-specific programs and projects; plans, organizes, oversees, and directs all aspects of assigned programs, including legal and regulatory compliance to avoid substantial fines; coordinates with private businesses and governmental agencies regarding the program as needed;
• Plans, organizes, directs and coordinates a comprehensive risk management program to include administration of a risk management plan, a legal exposure plan, administration of an insurance requirement plan, administration of municipal training programs; • Formulates and recommends policies, regulations, and practices for implementing the risk management plan; consults with and advises the City Manager, City Council, and department heads in various risk management policies and practices; • Participates in the development and implementation of new or revised programs, systems, procedures, and methods of operation; compiles and analyses data and makes recommendations regarding staffing, equipment, and facility needs;
• Participates in the development and administration of project and programmatic budgets, including cost containment and grant funds disbursement; • Directs and administers risk management program; prepares comprehensive risk management reports; recommends methods of improving the risk management and insurance program; • Receives, tracks, and processes all incoming claims, summons, subpoenas, and legal documents/ actions against the City of Huntington Park;
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
RISK MANAGEMENT ANALYST
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 202:
Classification Series: Human Resources Approved by City Counci FLSA Status: Exempt Resolution No.:
(Continued)
• Facilitates and communicates with City Attorney, City Insurers (ICRMA), Police Department, City Manager, and departments and/or stakeholders to which legal document pertains; • Receives, tracks, and processes all incoming insurance documents related to City agreements/contracts, City events, and other situation where proof of insurance is required; • Prepares and submits City Manager and City Council agenda reports and various other commission, committee, and staff reports, resolutions, ordinances, and correspondence regarding legal and insurance related documents;
• Collects, compiles, and analyzes information from various sources on a variety of specialized topics related to programs administered by the position or by management staff including complex financial, budget, or administrative issues or questions; prepares comprehensive technical records and reports to present and interpret data, identifies alternatives, and makes and justifies recommendations;
• Serves as a liaison with employees, public, and private organizations, community groups, and other organizations; provides information and assistance to the public regarding the assigned programs and services; receives and responds to complaints and questions relating to assigned area of responsibility; reviews problems and recommends corrective actions; • Confers with other management staff regarding provision of administrative and support services, including contracts and agreements;
• Assists in the preparation of requests for proposals (RFPs) and bids and administers consultant contracts;
• Conducts a variety of analytical and operational studies, provides information and technical assistance on risk management and insurance policies and procedures; • Reviews and makes recommendations on revisions to risk management and insurance policies and procedures, employee-related municipal training policies and programs; • Reviews and analyzes pertinent legislation affecting risk management and insurance requirements; counsels and advises on a range of risk-management problems; • Maintains accurate records and files; develops storage of records and retention schedules; • Communicates orally, in writing, or through graphic representations and statistical summaries with colleagues, managers, employees, the public, organized employee representatives of various organizations;
• Participate in negotiations and recommend settlement of liability claims with adjusters, attorneys and claimants;
• Work with City Attorney's office to assist in litigation preparation and investigation on complex cases;
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
RISK MANAGEMENT ANALYST
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Human Resources Approved by City Council:
FLSA Status: Exempt Resolution No.:
(Continued)
• Contact all levels of City personnel, public agencies, insurance adjusters, attorneys and claimants to obtain and provide information necessary in order to resolve claims; • Coordinate the city-wide program for administration of Title II and Title IIl of the ADA and Section 504 of the Rehabilitation Act; and
• Assumes responsibility for assigned administrative functions, analyses and studies; and • Performs other related duties as assigned or as situation requires.
MINIMUM QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
• Knowledge of modern principles, practices and procedures of risk management administration, current tederal and state laws and regulations related to occupational health and safety, workers' compensation, disability management, liability, ADA, employee benefits and insurance requirements; claims adjusting investigation and administrative management of claims from initial report to settlement or closure; principles and practices of organization, and management; • Principles and practices of municipal government management; • Principles, practices, and procedures of funding sources; • Principles and practices of supervision, training and budget administration; • Labor relations laws, practices and procedures;
• Principles and practices of public administration as applied to operational unit and program administration;
• Sources of information related to a broad range of municipal programs, services, and administration;
• Applicable Federal, State, and local laws, codes, and regulations; • Planning, organizing, directing and coordinating a comprehensive Risk Management program; • Principles and practices of contract administration and evaluation; • Principles and practices of public agency budget development and administration and sound financial management policies and procedures;
• Training, insurance audit and record-keeping activities; Initiate research studies and reports including the collection, organization, analysis an velopment of administrative and management recommendation • Modern office practices, methods, and computer equipment; • Computer applications related to work;
• Public relations techniques for dealing effectively with the public, vendors, contractors, and City staff, in person, and over the telephone;
3 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
RISK MANAGEMENT ANALYST
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Human Resources Approved by City Council:
FLSA Status: Exempt Resolution No.:
(Continued)
• Techniques for providing a high level of customer service to public and City staff, in person, and over the telephone; and
• Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
Ability to:
• Assist in the development of goals, objectives, policies, procedures and work standards for the department;
• Coordinate and oversee programmatic administrative, budgeting, and fiscal reporting activities; • Perform responsible and difficult administrative work involving the use of independent judgement and personal initiative;
• Plan and conduct effective management, administrative, and operational studies; • Plan, organize, and carry out assignments from management staff with minimal direction; • Conduct research on a wide variety of administrative topics including contract feasibility and operational alternatives;
• Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner;
• Research, evaluate, and develop improvements in operations, procedure, policies, or methods; • Prepare clear and concise reports, correspondence, policies, procedures, and other written materials;
• Interpret, explain, and ensure compliance with City policies and procedures, complex laws, codes, regulations, and ordinances;
• Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports;
• Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in meetings with individuals;
• Establish and maintain a variety of filing, record-keeping, and tracking systems; • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines; • Operate modern office equipment including computer equipment and specialized software applications programs;
• Use tact, initiative, prudence, and independent judgement within general policy, procedural, and legal guidelines;
• Understand and carry out oral and written instructions; 4 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
RISK MANAGEMENT ANALYST
Civil Service Status: Exempt Non-Represented Employees
Probationary Period: At-Will
Classification Series: Human Resources
FLSA Status: Exempt
(Continued)
• Deal effectively with prospective and current employees and maintain the confidentiality of sensitive information;
Meet the public with courtesy and tact;
: Read and write at the level required for successful job performance; and • Make accurate mathematical calculations.
Education and Experience Guidelines - Any combination of equivalent education, training and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
• Graduation from four (4) year from an accredited college or university with a Bachelor's Degree in public administration, business administration, industrial relations, public policy, or a closely related field is required. A Master's Degree in a field noted above is highly desirable and may be substituted for one year of the required experience.
• Academic course work in public administration, business administration, safety, industrial engineering, risk management and or other related courses.
Experience:
• Five (5) years of professional insurance and increasingly responsible general Risk Management experience to demonstrate the possession of the required knowledge and abilities listed above, preferably with an agency and or in a risk management program. Municipal work experience License or Certificate:
• A valid California Class C Driver's License and a satisfactory driving record.
Physical Requirements:
• Must meet approved physical and pre-placement medical standards for the position.
Bilingual Pav:
• Employees who qualify and are City-certified to speak and understand Spanish may be eligible to receive bilingual pay.
5 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Public Works Approved by City Council:
FLSA Status: Exempt Resolution No.:
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction of the Director of Public Works, this middle-management position oversees the maintenance and repair of vehicles and other equipment to coordinate and administers an automotive vehicle fleet and other gasoline or diesel-powered equipment for the City's fleet division. The position provides the day-to-day management of operations of the Fleet/Street Divisions of field and mechanic personnel and oversight over equipment and materials. The Fleet/Street Manager ensures that accurate and timely documentation of the hours worked on specific tasks, materials and equipment used to perform the daily activities. Typical responsibilities include but are not limited to: supervising the accurate reparation of City vehicles and equipment, pavement maintenance and repair, pavement markings and signing and the concrete program. Additionally, the Fleet/Street Manager plans, organizes, monitors and controls equipment inventories. The position determines cost estimates and is ultimately responsible for determining whether equipment can be repaired or needs to be replaced.
EXAMPLE OF DUTIES
The following duties are typical for this classification. Incumbents may not perform all the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
Street:
• Under general direction provides day-to-day supervision of the work of crews engaged in the repair, maintenance, and construction of Public Works facilities including street, curb, and sidewalk patching, painting, and improvements, and maintenance of the City's right- of-way infrastructure; and
Plan, prioritize, assign, supervise and review the work of the Street Division staff.
Responsible for providing the street and alley pavement maintenance programs. Manage and supervise multiple crews and activities. Effectively interact with the community in responding to work orders and citizen requests for services. Ensure compliance with City policies and procedures and state and federal laws that initiate required actions.
Fleet:
• The Fleet/Street Manager assists in the development of the annual Fleet Division budget.
The job implements and monitors spending for compliance with federal, state, and City standards;
Supervises the maintenance and repair of the City's Fleet assets, including but not limited to determining priorities, making daily work assignments, allocating resources and assets, 1 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Public Works Approved by City Council:
FLSA Status: Exempt Resolution No.:
and assigning work and supervising ; crews in their performance and completion of repairs;
Supervises, trains, schedules, assigns duties, evaluates, and disciplines employees.
Determines the cost effectiveness of operating and maintaining automotive fleet.
Specifically, the position supervises the Mechanics, Welder, and Fleet personnel positions;
• Determines present and future vehicle and equipment costs and the cost-effectiveness of various options. May draft specifications for purchase of specialized equipment.
Coordinates billing schedules in line with City policy, working to troubleshoot discrepancies/issues with billing practices. Ensures work orders and other billing are correct, tracks bills for payment, and follows up on billing related issues; • Works in an environment that may include exposure to adverse weather conditions. The noise level is generally moderate to high with work in tight or confined spaces, works with hazardous material, shaking, rocking and/or vibrating equipment and loud noise.
This position may include working on heights above and depths below ground, and performs related work as required;
• Recommends equipment-servicing policies, which set maintenance frequency, type and level. Monitors the equipment maintenance program to ensure policy compliance.
Evaluates maintenance facilities and makes related safety and efficiency recommendations. Reviews job cost;
• Evaluates vehicle and equipment performance and makes recommendations to increase performance and usefulness. Prepares reports on activities and vehicle status; • Responds to comments and requests from the public and investigates and resolves complaints;
• Maintains safe work environment, supervising training in and implementation of safety protocols and procedures;
• Attends meetings, conferences, and seminars related to areas of responsibility; • Analyzes bids and supervises the preparation of contracts related to Public Works; • Supervises building construction by outside contractors on special projects; • Provides technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters;
• Prepares reports for the various governing bodies concerning economic comparison, environmental impact studies, subdivisions, land use conversion, capital improvements and many other considerations;
• Performs all work duties and activities in accordance with City policies, procedures, and safety practices; and
• Performs other related duties as assigned or as situation requires. 2 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 202:
Classification Series: Public Works Approved by City Council FLSA Status: Exempt
MINIMUM QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job andlor be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of inventory control; safety practices; employee training and development; supervision; human relations. Apply principles to solve practical, everyday problems; define problems, collect data, establish facts and draw valid conclusions; comprehend simple sentences with common vocabulary; complete routine forms; recognize safety warnings; maintain accurate records; make appointments; prepare meaningful, concise and accurate reports; use proper research methods in gathering data.
Knowledge of:
Principles and practices of supervision, including assigning and appraising work; • Planning, lay out, and coordination of projects;
• Methods, materials, tools and equipment used in the construction, maintenance, repair, painting, and sweeping of streets, curbs and sidewalks; • Safe working practices including shoring, traffic barriers and controls, respiratory protection and other protective clothing and devices;
• Supervising large crews or multiple smaller crews through subordinate lead workers.
Plan, lay out, estimate and coordinate project work;
• Establishing and maintaining effective working relationships with employees, the public, contractors, and others;
• Troubleshooting and analyzing maintenance and repair problems and developing solutions;
• Maintaining records and preparing reports;
• Reading and interpreting plans, specifications, blueprints, schematics, and manuals; • Performing the more difficult and complex construction and maintenance work; • Lifting and carrying heavy tools and materials; perform strenuous physical work; • Working outdoors and in inclement weather;
Structure and operation of vehicles and equipment utilized by City departments including heavy-duty mobile equipment, self-propelled mowers, specialty construction equipment including graders and tractor loaders; Fleet and related equipment maintenance practices and diagnostic procedures in order to recommend equipment servicing policies, and monitor equipment maintenance program;
• Fleet vehicle leasing and vehicle replacement planning; • Employee supervision, training, evaluation, and disciplinary methods, techniques, and objectives;
• Budgeting processes and implementation;
• Federal regulations and City policies regarding safe work practices; 3 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Bapaid by Civil Service Commission: darn 2, 2022 Non-Represented Employees Probationary Period: At-Will
Classification Series: Public Works Approved by City Council FLSA Status: Exempt Resolution No.
• Operation of standard office equipment;
Operation of a personal computer and job-related software applications; • Knowledge of public works and field operations related to the establishment of maintenance programs for the public infrastructure;
• Municipal budget administration and capital improvement programs; • Global, Federal, State and local trends and foresee future needs; • Projects and develop long range plans, including the physical, financial and program phases;
• Principles and practices of civil engineering including structural engineering, hydraulic engineering, traffic engineering, right-of-way engineering, and public works construction;
• Knowledge of State Law requirements as applied to operations of public water supply systems; Wide variety of public works services and how they should be managed; and • Management concepts concerning planning and organizing.
Skills:
• Possess skills to word process general correspondence, spreadsheets and reports using a personal computer and software applications;
• Read and write at the level required for successful job performance; • Make accurate mathematical calculations;
• Read and interpret plans, specifications, blueprints, schematics, and manuals; • Maintain accurate records; make appointments; prepare meaningful, concise and accurate reports; and
• Use proper research methods in gathering data.
Ability to:
• Assign, review, plan and coordinate the work of other employees; • Provide instruction to other employees, to maintain department standards; • Recommend the discipline or discharge of other employees and to act on employee problems;
• Schedule, route, maintain, and track transport vehicles; • Implement and enforce transportation scheduling and policy changes; • Analyze the effectiveness of operations;
• Maintain official documents and records;
• Negotiate with suppliers;
• Communicate effectively to groups, organizations, and the public in writing and orally; 4 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Public Works Approved by City Council:
FLSA Status: Exempt Resolution No.:
• Establish and maintain effective working relationships with other governmental and private encis, intere of als cal as and trepublic,
Analyze departmental operations and activities and prepare comprehensive reports; Maintain departmental compliance with City policies and procedures; • Understand and interpret provisions in the municipal code, MOU's, Administrative Policies and Departmental Rules and other City Policies related to job duties; • Review and evaluate employees' job performance;
• Effectively supervise subordinates;
• Effectively resolve disputes;
• Foster a teamwork environment;
• Plan, organize and prioritize progress;
• Lead, coach, instruct and motivate employees;
• Provide leadership and work instructions;
• Be willing to initiate, recommend and carry out personnel actions, as required; • Organize, assign, schedule and delegate workload among employees; • Speak before groups of people;
• Effectively manage workplace diversity issues in a diverse organization; • Work necessary hours and times to accomplish goals, objectives and requires tasks; • Effectively communicate both orally and in writing;
• Establish smooth effective working relationships and resolve interpersonal conflicts; • Deal with all levels of employees and the public;
• Initiate and accomplish work in a timely manner;
• Assume responsibility for providing effective customer service; Effectively handle stressful situations;
Assumes responsibility to maintain a safe working environment; and Develop necessary skills from on-the job training and meet the standards of performance or higher for the classification.
Education and Experience Guidelines - Any combination of equivalent education, training and experience that would likely provide the required knowledge and abilities is qualifying.
Education. Training. & Certification:
Graduation from high school or attainment of GED (General Education Degree) or CHSPE (California High School Proficiency Examination).
5 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
FLEET/STREET MANAGER
Civil Service Status: Exempt Non-Represented Employees
Probationary Period: At-Will
Classification Series: Public Works
FLSA Status: Exempt
Experience:
Five (5) years of extensive professional and successful experience in overseeing concrete, asphalt, pavement restoration and fleet management, including two (2) to three (3) years of which were in a supervisory capacity.
License at CemiCas C Driver's License and a satisfactory diving record.
Physical Requirements:
Must meet approved physical and pre-placement medical standards for the position. 6 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE RECORDS SUPERVISOR
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Police Approved by City Council:
FLSA Status: Exempt Resolution No.:
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under the direction of police management, this non-peace officer, administrative position is assigned as a full-time civilian employee in the Police Department, which provides highly responsible supervision to subordinate personnel and enhances the work of the Chief of Police; plans and coordinates all aspects associated with police records; performs a variety of clerical and administrative duties; ensures effective workflow and workload balance; ensures accurate data collection and data entry; performs complex research and works on comprehensive or sensitive projects; interacts with local, county, state, and tederal agencies to ensure inter-agency cooperation and compliance with reporting mandates; ensures courteous and professional service to members of the community; may be assigned to work night shift, weekends, holidays, or other unusual hours/days; and, performs other related work as assigned.
EXAMPLE OF DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
• Supervises work and performance of employees and ensures proper training and compliance with policies and procedures;
• Directs shift activities, ensuring employees utilize work time in an effective and productive manner and that employees have a balanced work load and level of responsibility; • Plans and organizes the work of employees and ensures effective and timely work flow in order to meet timelines and mandates;
• Reviews the work of employees, constantly evaluates performance and quality of employees' work product, and prepares formal employee performance evaluations; • Coordinates all requests related to the Public Records Act or other records requests; • Stays appraised of changing laws and procedures associated with records retention, constantly evaluates the needs of the Police Records Division and implements necessary adjustments; • Organizes and implements traditional and automated filing systems and constantly explores methods and technology to improve records processing and retention; • Prepares letters, memorandums, reports, forms, or other staff work in a comprehensive and professional manner;
• Utilizes a variety of computer software and word processing systems to process records material, input data, and prepares charts, graphs and tables;
• Performs audits to ensure accurate work by employees and affirmatively addresses work performance deficiencies;
• Conducts research necessary to make informed recommendations for improvements of records keeping systems or procedures;
• Ensures productive work and interaction with other departments and outside entities; • Performs a variety of other miscellaneous or administrative duties; and • Performs other related duties as assigned or as situation requires. 1 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE RECORDS SUPERVISOR
Civil Service Status: Exempt Non-Represented Employees
Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Police
Aesolution City Council:
FLSA Status: Exempt
MINIMUM QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
• Police records keeping procedures, methods, and associated computer equipment; • Principles and application of computer records keeping software systems; • Proper English grammar and general police reports methods and format; • Office procedures and records keeping organizational concepts; and • Excellent customer service practices.
Skills:
• Strong leadership disposition and organizational skills; • Strong computer, typing, and use of software system skills; and • Strong mentoring, teaching, and training skills.
Ability to:
• Represent the City and Police Department in a professional manner; • Work in a para-military environment and follow chain-of-command; • Work with minimum management oversight and take initiative to address operational needs; • Accept corrective criticism or administrative action and learn from mistakes; • Act in a decisive manner, while applying department policy, good judgment, and common sense; • Maintain a comfortable working environment and resolve interpersonal conflicts; • Work in a team environment and develop productive working relationships; • Supervise, lead by example, coach, mentor, instruct, train, and motivate employees; • Multi-task and communicate effectively orally and in writing; • Compose comprehensive reports and produce completed staff work; • Learn and understand MOU's and administrative policies related to records supervision; • Apply policies, procedures, instructions, police nomenclature, State laws, and City codes; • Deal with difficult members of the public and resolve their concerns, when possible; • Sit for extended periods of time and perform various stationary duties as reasonably required; • Work various shifts, weekends, holidays and unplanned emergency situations; and • Adjust to changing situations in positive manner.
Education and Experience Guidelines - Any combination of equivalent education, training and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
2 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE RECORDS SUPERVISOR
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will Approved by Civil Service Commission: March 2, 202 Classification Series: Police Approved by City Council
FLSA Status: Exemot
Education/Training:
• Graduation from high school or attainment of General Education Degree (GED) or California High School Proficiency Examination (CHSPE).
Experience:
• Four (4) years' experience in a field related to records keeping; • Two (2) years' experience in a responsible supervisor level position; and • Prior experience as a police records clerk or police records supervisor is highly desirable.
License or Certificate:
• California Class C Driver's License is required; and
• Any certificate related to the duties associated with this position is desired.
Special Requirements:
• Must successfully pass a Police Department background check; • Must meet all medical and physical requirements; and
• Must wear a uniform as required.
Bilingual Pay
• Employees who qualify and are certified to speak Spanish may be eligible to receive bilingual pay.
3 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE CAPTAIN
Civil Service Status: Exempt Non-Represented Employees
Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Police-Sworn pproved by City Counci FLSA Status: esolution No.
Exempt
Class specifications are intended to present a descriptive list of the range of duties performed by employees in this class. Specifications are not intended to reflect all duties performed within the position.
DEFINITION
Under direction and supervision of the Chief of Police, this police management position maintains command authority over certain division(s) and unit(s) of the Police Department, as designated by the Chief of Police. Acts as second-in-command to the Chief of Police. Assists in the planning, organizing, directing, controlling, and coordinating of the activities and personnel in the designated areas of responsibility, in the enforcement of laws and the prevention of crime; and performs related administrative and management level work as required.
EXAMPLE OF DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
Performs same or similar duties as required to be performed by the Chief of Police; Performs same or similar duties as required to be performed by a Police Lieutenant; Assumes command of the Police Department in the absence of the Chief of Police; Provides support to, and enhances the work of, the Chief of Police; Coordinates Police Department activities and policing priorities with other City departments; Drives the overall mission and policing priorities throughout the Police Department; Represents the Police Department with pride, loyalty, dedication, and professionalism; Engages the community on policing and crime issues, and participates in community meetings; • Ensures the enforcement of laws by police personnel and the apprehension of law violators; Ensures the protection of life and property in the community and maintains lawful order; • Directs and controls the functions of assigned divisions and/or units and supervises subordinates; Ensures proper performance and training of police personnel and addresses deficiencies; • Cooperates with other police agencies and government entities on matters of mutual interest; • Complies with orders sent down the chain-of-command and carries out such other orders; Ensures a safe work environment and conducts performance audits of police personnel; Evaluates systems, processes, equipment, changing operational needs and makes adjustments; and • Performs related duties as assigned by the Chief of Police, City Manager, or as situations require.
MINIMUM QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
• Proper and effective methods of deploying and utilizing police personnel, both sworn and non- sworn, in day-to-day operations, tactical situations, and anticipated emergencies; 1 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE CAPTAIN
Civil Service Status: Exempt Bargaining Unit: Non-Represented Employees Probationary Period: At-Will
Approved by Civil Service Commission: March 2, 2022
Classification Series: Police-Sworn
FLSA Status: Exempt Approved by City Council:
Resolution No.:
(Continued)
: Modern policing principles, practices, procedures, policies, organization, and administration; All relevant City, State and Federal laws with particular emphasis on the apprehension and prosecution of law violators, and current policing challenges; • Criminal and administrative phases of crime prevention, investigation, juvenile delinquency, traffic safety and public safety;
• Legal and social issues affecting crime and quality of life in the community; and • Legal and social issues affecting crime and policing across the State and Country.
Skills:
• Proficiency with soffware systems necessary to process general correspondence, spreadsheets, and administrative staff work;
• Ability to multi-task and manage various responsibilities and projects simultaneously; and • Meet the minimum Police Department training standards and firearm proficiency.
Ability to:
• Apply, develop, and organize appropriate policies and procedures; • Establish cooperative and effective working relationships; • Train, supervise, and evaluate work performance of subordinates; • Understand and interpret provisions of the municipal code, MOU's, departmental rules and other City and Police Department policies related to job duties; • Foster a respectful and professional teamwork environment; • Plan, organize and prioritize progress of goals and projects; • Lead, coach, instruct and motivate employees;
• Initiate, recommend and carry out personnel disciplinary action when required; • Organize, assign, schedule and delegate workload among employees; • Conduct presentations and speak before groups of people; • Effectively manage workplace diversity issues in a diverse organization • Work necessary hours and days of the week to accomplish goals, objectives and required tasks; • Effectively communicate both orally and in writing;
• Interact with all levels of employees and the public; • Initiate and accomplish work in a timely manner;
• Assume responsibility for providing effective customer service; • Effectively handle stressful situations;
• Handle confidential information with discretion;
2 CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
POLICE CAPTAIN
Civil Service Status: Exempt Non-Represented Employees
Probationary Period: At-Will Approved by Civil Service Commission: March 2, 2022 Classification Series: Police-Sworn Approved by City Council:
FLSA Status: Exempt
(Continued)
Assume responsibility for maintaining a safe working environment; Establish smooth working relationships and resolve interpersonal conflicts; ar Develop necessary skills from on the iob training and meet the standards of performance c higher for the classification on an ongoing basis.
Education and Experience Guidelines - Any combination of equivalent education, training and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
• Possession of a P.O.S.T. Management Certificate and a Bachelor's Degree from an accredited college or university in Public Administration, Political Science, Business Administration, or a closely related field.
Experience:
• At least eight (8) years of progressively responsible full-time experience in a modern police department with at least four (4) years in a supervisory capacity, two (2) years of which have been in the rank of Police Lieutenant with the Huntington Park Police Department at the time of appointment.
License or Certificate:
• A valid California Class C Driver's License and a satisfactory driving record.
Special Requirements:
• Must pass a Police Department background check;
• Requires wearing uniforms; and
May require working nights, weekends, and holidays.
Physical Requirements:
• Must meet approved physical and pre-placement medical standards for the position.
Bilingual Pay:
• Employees who qualify and are certified to speak Spanish may be eligible to receive bilingual pay. 3 ATTACHMENT "B"
1 RESOLUTION NO. 2022-08
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON PARK APPROVING NEW AND REVISED
CLASS SPECIFICATIONS FOR THE POSITIONS OF RISK
4 MANAGEMENT • ANALYST, FLEET/STREET MANAGER,
5 POLICE RECORDS SUPERVISOR, AND POLICE CAPTAIN
6 WHEREAS, the City of Huntington Park has recently created certain new 7 classifications to meet the needs of the City, as well as made modifications to an existing 8 class specification, to meet current standards for each position and to reflect current job 9 duties and desired qualities of employees for these positions; and, 10 WHEREAS, new class specifications and revised class specifications have been 11 created for each classification attached in Exhibit A; 12 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON 13 PARK DOES RESOLVE AS FOLLOWS:
14 SECTION 1. The City Council of the City of Huntington Park hereby adopts and 15 approves class specifications for:
16 • the position of Risk Management Analyst, a copy of which is attached 17 hereto as Exhibit A, with a salary range of $5,870 to $7,207 per month, 18 Salary Grid 174.
19 • the position of Fleet/Street Manager, a copy of which is attached hereto as 20 Exhibit A, with a salary range of $7,197 to $8,836 per month, Salary Grid 21 184.
22 • the position of Police Records Supervisor, a copy of which is attached 23 hereto as Exhibit A, with a salary range of $5,808 to $7,130 per month, 24 Salary Grid 168.
25 • the position of Police Captain, a copy of which is attached hereto as 26 Exhibit A, with a salary range of $10,943 to $13,434 per month, Salary Grid 228.
28 1
1 SECTION 2. The City Clerk shall certify to the adoption of this Resolution. 2 PASSED, APPROVED AND ADOPTED this 15'h day of March, 2022. 3 4
5 Graciela Ortiz, Mayor
6 ATTEST:
7 8
9 Eduardo Sarmiento, City Clerk
10 11
12 13
14 15
2 ITEM NO. 6
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Repor
CALIFORN
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AMEND NORTH STAR LANDSCAPE'S
CONTRACT SERVICES AGREEMENT TO INCLUDE LANDSCAPE MAINTENANCE
OF VETERANS PARK
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve the amendment to North Star Landscape's Contract Services Agreement to oversee and perform landscape maintenance of Veterans Park for a monthly fee of $14,560 and extend the contract until April 15, 2024 as per the original agreement executed on April 15, 2019;
2. Obligate the allocation of an additional $58,240 for the remaining 2021-22 fiscal year budget to Account No. 535-8090-452.56-60 and a fiscal yearly amount of $174,720 starting in fiscal year 2022-23 and until the contract sunsets on April 15, 2024;
3. Authorize North Star Landscape to commence work starting April 1, 2022; and
4. Authorize the City Manager to execute the First Amendment.
BACKGROUND
The City entered into an agreement with North Star Landscape to oversee, provide and perform landscape maintenance services at all City's parks and general maintenance at other City facilities. This contract was executed on April 15, 2019 and it was for a three- year term, including two 1-year extensions. The three-year term is slated to end April 15, 2022.
In 2021, the City completed the construction of a new linear park on ten Los Angeles Department of Water and Power lots located south of Walnut Street, north of Santa Ana Avenue, west of California Avenue and east of State Street. Veterans Park requires consistent oversight and maintenance due to the large amount of foot traffic from pedestrians and cyclist utilizing the park for recreational purposes.
CONSIDERATION AND APPROVAL TO AMEND NORTH STAR LANDSCAPE'S
CONTRACT SERVICES AGREEMENT TO INCLUDE LANDSCAPE MAINTENANCE
OF VETERANS PARK
March 15, 2022
Recommendation is for the City to exercise its option and extend the contract agreement to April 15, 2024 so that there is no interruption of services at our parks and facilities.
Additionally, the extension includes approving the oversight of landscape services at Veterans Park and ensuring that the park is clear of debris.
LEGAL REQUIREMENT
Contract time is the maximum time allowed in the contract for completion of all work contained in the contract documents under title I. Engagement Terms, Section 1.2 Term.
Compensation for the existing contract agreement is covered under Section 1.3 Compensation, part B of the original agreement executed on April 15, 2019. Maintenance of Veterans Park and all applicable amenities shall commence April 1, 2022.
FISCAL IMPACT
Request is for the allocation of an additional $58,240 for the remaining 2021-22 fiscal year budget to Account No. 535-8090-452.56-60 tor the oversight and maintenance of landscaping at Veterans Park. The annual cost in fiscal year 2022-23 is $174,720 and the remaining cost until the contract sunsets on April 15, 2024 is $131,040.
CONCLUSION
Upon Council's direction, staff will proceed with actions as directed.
Respectfully submitted,
RICARDO REYES
City Manager
Cuer Pda.
CESAR ROLDAN
Director of Public Works
ATTACHMENTS):
A. North Star First Amendment to Contract Services Agreement ATTACHMENT "A"
ALFORNIA
FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
Landscaping Maintenance Services - Veterans Park
THIS FIRST AMENDMENT AGREEMENT ("Agreement") is made as of March 15, 2022 by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("City") and North Star Landscape, (hereinafter, "Consultant"). For the purposes of this Agreement City and Consultant may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Consultant interchangeably. Based on and in consideration of the mutual promises set forth below, the parties agree as follows:
RECITALS
This Agreement is made and entered into with respect to the following facts:
WHEREAS, Contractor was retained to provide consultation services relating to overseeing, performing and providing landscape and other related services at City parks and City facilities.
WHEREAS, on or about April 15, 2019, the Parties executed and entered into that certain agreement titled, Landscaping Maintenance Services (hereinafter, the "Agreement") which is attached hereto as Exhibit "A".
WHEREAS, the City requires assistance with the maintenance of landscape services at City parks and pertinent City facilities in general.
WHEREAS, the contract timeline will continue to be for a three-year period ending April 15, 2022, with the City exercising its option to extend the contract to April 15, 2024.
The contract amendment agreement includes additional payment compensation of $14,560 per month towards the oversight and maintenance of Veterans Park, which is a linear park located on ten Los Angeles Department of Water and Power lots south of Walnut Street, north of Santa Ana Avenue, west of California Avenue and east of State Street. Additional compensation request is attached hereto as Exhibit "B". Compensation for the existing contract agreement is covered under Section 1.3 Compensation, part B WHEREAS, Maintenance of Veteran Park and all applicable amenities shall commence April 1, 2022.
NOW THEREFORE, in consideration of the promises and mutual promises herein contained, it is agreed as follows:
Except as otherwise set forth in this First Amendment, the terms of the Agreement shall control. This First Amendment Agreement with the Contract Services Agreement shall constitute the entire, complete, final, and exclusive expression of the IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment Agreement to be executed the day and year first appearing in this Agreement, above.
City of Huntington Park: North Star Landscape:
By: By:
Ricardo Reyes Jose Antonio Martinez
City Manager President
ATTEST:
Eduardo Sarmiento, City Clerk
APPROVED AS TO FORM:
By:
Exhibit "A"
LANDSCAPING MAINTENANCE SERVICES
THIS CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into this April 15, 2019, (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and North Star Landscape (hereinafter, "CONTRACTOR"). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY an
I.
ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Work"). CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2 TERM: This Agreement shall have a term of THREE (3) YEARS commencing from April 15, 2019. Upon the conclusion of the Term, this Agreement shall renew automatically for a maximum of two (2) - one (1) year extension of terms, unless CITY issues written notice of its intent not to authorize an additional extension term(s). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Service, Exhibit A, in accordance with the compensation schedule which is Exhibit B (hereinafter, the "Approved Rate Schedule").
B. Section 1.3(A) notwithstanding, CONTRACTOR'S total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $276,693.00 (hereinafter, the "Not-to- Exceed Sum"'), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR'S charges are projected to exceed the Not-to- Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR'S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and
other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the easonable value of the services, tasks and other work performed up to the tim f cessation or abandonment, less a deduction for any damages, costs c additional expenses which CITY may incur as a result of CONTRACTOR'S cessation or abandonment.
lI.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the [NAME OF PERSON DESIGNATED] (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative").
CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement.
CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.
Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by CiTY Representatives or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. CONTRACTOR shall perform all Work skilfully, competently and to the highest standards of CONTRACTOR'S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY;
CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);
CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR'S employees and agents (including but not limited SUB-CONTRACTOR possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONTRACTOR or on CONTRACTOR'S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR'S profession.
ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR'S duties or
obligations under this Agreement without the prior written consent of CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.5 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT
CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR'S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Security and Medicare payments and the
CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.6 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUB- CONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.7 COMPLIANCE WITH LAWS: CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all
2.8 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB- CONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such 0001 covering Alone 1e Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance / Employer's Liability Insurance:
Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor is stating they are either the owner of the organization or a partner, and are exempt from the State's workers' compensation requirements because they
have no employees and agree to hold the Entity harmless from loss or liability for such. A waiver form must be signed.
D. Pollution Liability Insurance: CONTRATOR shall procure pollution liability insurance with a limit of Three Million Dollars ($3,000,000.00) per claim and aggregate.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CL Coverage shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A: Vil. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB-CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONTRACTOR warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work. Upon CITY's written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss,
damage, expense, 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.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty o indemnify, defend and hold free and harmless) shall survive the termination o ormal expiration of this Agreement and is in addition to any other rights o remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (i) the action period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure period allowed under this Agreement.
B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice provide to CITY or CITY's employees or agents under this
Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period.
The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within tourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR'S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ili) CONTRACTOR'S and/or its employees' or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR'S C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY nay submit a written request for additional time to cure the Event of Defaul pon a showing that CITY has commenced its efforts to cure the Event o Default and that the Event of Default cannot be reasonably cured within the
45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend
CONTRACTOR'S
CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
ili. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all SUB- CONTRACTORS working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONTRACTOR: CITY:
North Star Land Care Inc. City of Huntington Park
Dba North Star Landscape Attn: Public Works
Attn: Jose Antonio "Tony" Martinez, 6550 Miles Avenue
President Huntington Park, CA 90255
10831 Downey Avenue Phone: (323) 584-6274
Downey, CA 90241
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty- by a tax confirmation, eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with Sub-CONTRACTOR'S), if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arsing out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have anc recover from the losing Party reasonable attorneys' fees and all other costs of suct action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared
this Agreement together through a process of negotiation and with the advice of their respective attorneys.
provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall
6.21 BUSINESS LICENSE AND W9: A City of Huntington Park Business license must be obtained before commencing work and a W9 provided prior to submitting first payment request.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: North Star Land Care Inc. dba NORTH
TAR LANDSCA
By:_
Ricardo Reyes
City Manager Name: Jose Antonio Martinez
Title: President
ATTEST:
APPROVED AS TO FORM:
orate to She
City Attorney
EXHIBIT "A"
SCOPE OF SERVICES
EXHIBIT "A"
SCOPE OF WORK
The City of Huntington Park is seeking the services of a highly qualified Contractor to provide Landscaping Maintenance Services for the City of Huntington Park.
The Contractor shall adhere to all current applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, FEDOSHA, EPA, and the California State Department of Health Services.
The Contractor shall utilize green products whenever possible. A list of green products to be utilized by the Contractor shall be pre-approved by the City prior to use. The Scope of Services are as follows:
DEFINITIONS: 1-8
1. LAWN CARE
LAWN CARE
Lawns shall be mowed turf-grass one (1) time per week during the months of January through September, Turf-grass shall be mowed every-other-week during the months of October through December. The Contractor may mow one (1) time per week during the months of October thru December a no additional cost to the City as directed by the City.
The cutting edge of all mowing equipment shall be kept in a sharp condition, free of organic material, and they shall be kept in proper adjustment. Rough cutting of grass will not be permitted. Prior to mowing, all trash and foreign materials are to be removed from lawn areas. All areas containing Kikuyu grass or Bermuda grass, as the primary grass shall be mowed at 3/4 height. All areas with bluegrass or perennial rye grass as the primary grass shall be mowed with a rotary or reel type mower at a minimum height of 2 inches in dry warm weather and 1 1/2 inches during the cool rainy season as determined by the City. Edging of all turf areas adjacent to hardscape including but not limited to paving, curbs, gutter, sidewalk, etc. must be completed monthly and on an as needed basis so that no turf overhangs hardscape area to the satisfaction of the Director of Public Works or designee. Trimming of vegetation around all trees, fences, walls, and any other vertical surfaces and/or obstacles shall be completed at a minimum of monthly and as needed to the satisfaction of the Director of Public Works or designee.
Lawns shall be kept free of weeds. Weeding may be done manually or by the use of selective weed killers. Extreme caution shall be observed, if selective weed killers are used, not to damage any other plants. If spraying is done, it shall only be done at times when there is no wind.
The Contractor is responsible to over seed all damaged or bare turf areas on a continual basis to re-establish turf to an acceptable quality as determined by the City. This task shall be per performed at no additional cost to the City. Reseeded areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. The top dress material, seed, and application rate shall be as approved by the City.
The Contractor shall be responsible for removal of all litter and debris from turf prior to mowing. All trash receptacles shall be emptied, all debris or litter created by or worsened by the mowing operation shall be removed prior to the crew leaving the site. Failure to do so will result in the issuing of a Deficiency Notice and a deduction from the monthly payment reflecting the cost to clean up the debris.
LAWN TRIMMING
All edges shall be trimmed after each cutting or more often as necessary. Trimming shall include cutting all grass along walls, fences, curbs, sidewalks, shrubs, tree trunks, poles, or any other object immediately adjacent to the lawn areas.
The trimming shall be done by power edgers or by hand, but in no case will soil sterilants or other types of herbicides be permitted for use in edging. Immediately after trimming, a contact herbicide approved by the State Department of Agriculture and the City may be applied around the base of trees and sprinkler heads but shall not exceed 2" beyond the perimeter of the head. Spray around trees shall not exceed 6" from the base of the tree.
No herbicide is to come in contact with the tree. Herbicides used along walls shall not exceed 4" from the base of wall.
Trim around sprinkler heads as necessary to provide maximum water coverage.
Care shall be taken to avoid damage to tree trunks, shrubs, sprinklers, buildings and other structures. Damage shall be reported to the Director and repairs made at the Contractor's expense.
After trimming, all debris shall be raked off the lawn, swept off of sidewalks and paved areas, and collected for disposal.
LAWN RENOVATING
Lawns at all City Properties shall be renovated (Dethatching and top dressing) once each year. Dethatching shall be done in October. Contractor shall over seed all turf areas immediately after dethatching. Seed with perennial rye grass approved by the Director, at recommended seed rates with sodding as needed, in January/February. This shall include dugout areas at the baseball/softball fields.
All lawn depressions shall be brought level to grade with topsoil and reseeding as necessary.
Infield turf areas on Baseball Diamonds shall be renovated to include, dethatching, over seeding, top dressing, and sodding as needed, in January/February. This shall include dugout areas.
LAWN WATERING
Lawns shall be deeply watered, as weather conditions require providing adequate moisture for optimum growth. Lawns shall at no time show a lack of fresh green color or a loss of resilience due to lack of water. Irrigation shall be done between 11:00 p.m. and 6:00 a.m.
Wherever the permanently installed sprinkler system does not adequately cover the areas, the Contractor shall set out additional hoses and sprinklers as required to uniformly irrigate all areas.
Excessive water in streets shall be avoided. Every effort will be made to conserve water.
Automatic controllers shall be programmed so as to keep lawn areas in a green healthy condition, utilizing the least amount of water.
All recently reseeded areas shall be watered to prevent excessive run-off or ponding, but shall also be watered on a regular basis to ensure germination.
Manual watering of newly planted trees and/or any trees that do not have automatic irrigation and/or are not fully established is required.
LAWN FERTILIZING
Lawns shall be fertilized at least two times a year. Application shall be at the rate of 3 to 4 pounds of actual nitrogen per 1,000 square feet per year. One of the applications shall be of a complete or balanced fertilizer containing not less than 4 percent phosphorous and 4 percent potassium in addition to nitrogen. Iron and other elements shall be included if required to correct soil deficiencies.
The Director and Public Works Supervisor shall be notified prior to application of fertilizers. All turf areas shall be aerated prior to fertilization by removing 2" deep cores of sod with an aerator machine at not more than 6" spacing.
The second application shall be of straight nitrogen fertilization. Lawns shall be watered immediately after fertilization to prevent burning of grass.
2. IRRIGATION SYSTEMS
Before beginning the maintenance program, the Contractor shall inspect all systems and report damages or incorrect operation to the Director and Public Works Supervisor. The Contractor will be responsible for the operation of the irrigation system and maintenance of sprinkler heads, risers, solenoid valves, mainline, and lateral lines.
Specifically, the Contractor shall:
Where the installed sprinkler system does not cover the area adequately, the Contractor shall provide his own sprinklers and hoses to adequately water the area, until he makes permanent changes to correctly cover the area.
Repair and adjust all heads to maintain proper coverage.
Remove the last head from each system and flush the lines, if required.
Repair and replace any equipment damaged as a result of contract operations at the Contractor's expense. All replacements to be original type equipment or equal.
Contractor to provide materials for repair and extension of irrigation systems, including piping, connections, risers, sprinkler heads and valves.
Inspect all automatic systems on a weekly basis to insure proper operation of system.
Repair or replace valve or other malfunctions.
Contractor shall provide automatic moisture sensitive control irrigation systems which shall restrict the operation of said systems during rainy periods.
Contractor shall be responsible for cascading and setting controllers.
All irrigation systems shall automatically turn off during rainy days.
Watering of planters shall be controlled to avoid excessive drainage on sidewalk and/or hardscape creating a hazard and staining.
Irrigation of general areas controlled by automatic time clocks shall be watered between 11:00 p.m. and 6:00 a.m.
Manual irrigation shall be performed during normal working hours except when prohibited by Local, Regional, State, or Federal regulations or mandates.
3. SHRUB AND GROUND COVER
SHRUB AND GROUND COVER WATERING
Contractor shall water trees, shrubs and ground cover deeply and slowly to establish moisture to the full depth of the root zone. Watering shall be done in a manner to avoid erosion, excessive run-off, or creation of a waterlogged soil condition. Hoses and sprinklers shall be used to supplement the sprinkler system where necessary to insure complete coverage. In areas where no such sprinkler system exists, the Contractor shall water with hoses or other apparati as necessary, to insure deep watering. Areas having manual valves to operate, bubbler heads, or skinner lines will be used to irrigate by the Contractor.
Trees and shrubs shall be deeply watered as weather conditions require to provide adequate moisture for optimum growth. Trees and shrubs shall at no time show a lack of fresh green color due to lack of water.
Wherever the permanently installed sprinkler system does not adequately cover the areas, the Contractor shall install a permanent irrigation system as required to uniformly irrigate all areas, at the Contractors expense.
Excessive water in streets shall be avoided. Every effort will be made to conserve water.
Automatic controllers shall be programmed so as to keep planted areas in a green, healthy condition, utilizing the least amount of water practicable.
SHRUB AND GROUND COVER PRUNING
Pruning shall be done according to the natural growth of each individual plant to maintain proper plant health by cutting out dead, diseased or injured wood and to control growth when an unshapely shrub might result. Excessive pruning or stubbing back will not be ermitted. All cuts over one inch in diameter shall be painted with approved tree woun‹ dressing. All pruning cuts shall be made flush and shall be cut with no damage to the surrounding bark. All dead or damaged branches shall be removed Pruning of shrubs shall be done as needed to achieve the following:
To shape, particularly to correct misshaping caused by the wind. Maintain shape where hedged.
To raise the lower branches of trees above 7' minimum head height from ground.
Public safety shall be a prime consideration in trimming trees.
To cut back shrubs and ground cover where they encroach on the paved areas or become intertwined.
To cut back branches that are rubbing on walls, fences, and buildings, or overhanging header board areas.
To remove suckers, waterspouts, and other undesirable growths from the trees.
Oleanders shall be kept trimmed as necessary to keep all City signs clearly visible by traffic at all times.
All pruning operations will be conducted so as to provide maximum safety for the public, and shaped to conform to horticultural standards.
Major pruning of shrubs shall be done during the dormant season. Minor pruning may be done at any time.
Oleander shrubs and trees shall be trimmed after bloom season.
Contractor shall remove all dead trees, including stump grinding and turf repair.
Pruning of tre does sal be dons at tea of alone or train Uniformity is important, encourage weak side by pruning to produce more bloom, leave more lateral wood.
SHRUB AND GROUND COVER WEEDING
Weed and cultivate the ground cover areas and other areas as needed to keep them free of weeds. Pre-emergent weed control chemical can be used to control weeds on the railroad right-of-way only.
SHRUB AND GROUND COVER STAKING
Maintain and replace stakes and guys with material equal to existing. Maintain and replace plant ties to provide support without damage to bark.
SHRUB AND GROUND COVER FERTILIZING
Fertilize all trees, shrubs, and ground cover once a year with an approved complete fertilizer. Fertilizer shall be applied in April. Fertilize at the following rates at each application: 1/4 pound per shrub; 1 pound per tree of less than 1-inch trunk diameter; 3/4 pound per tree with more than 1-inch trunk diameter; 20 pounds per 1,000 square feet of ground cover. The fertilizer for roses shall be a slow release organic-type with a 6-6-6 compositions or equal. Application of an iron fertilizer shall be used as needed throughout the year, where necessary, to maintain healthy, vigorous growth and good foliage.
SHRUB AND GROUND COVER TRIMMING
All ground cover shall be edged and cut back once every month to promote good health and appearance. A cleared circle 18" to 24" in diameter shall be maintained at base of tree in ground cover area to reduce competition for nutrients. Edge ground cover to keep in bounds as necessary to achieve an overall even appearance. Trim around sprinkler heads as needed to provide maximum water coverage. Trim Ivy and other ground cover as necessary to restrict growth from encroaching on curbs or other adjacent areas.
Growth retardants may be used.
Contractor shall remove dead and damaged shrubs, and ground cover and replant with material of equivalent size, condition and variety, subject to the approval of the Director.
The Contractor, at the Contractor's expense, shall replace all plant material that has died as determine by the Director. This includes turf, ground cover, shrubs, and trees. Plants destroyed by vandalism, outside construction, or by City forces shall be the responsibility of the Contractor and replaced at the Contractor's expense.
Annual flowers shall be replaced and planted three times a year and more often, if required, by the Contractor as determined by the Director. Flowers to be furnished by Contractor. There shall be no alterations in existing landscape without prior consent by the Director.
SHRUB PLANTING
restriction. Planting shall not be permitted to foul any water lines nor shall planting be located less than 15 feet from the centerline of railroad tracks.
SHRUB CARE - CIVIC CENTER
Camellias and Azaleas and all plants located between the County Court Building, City Hall Building, and the Police Building shall be raked out weekly or more often as needed •
to keep areas free of leaves and litter. Azalea and Camellia shrubs and trees shall be trimmed after the bloom season.
PLANTS
As plants expire, Contractor will replace with drought tolerant plants per the City's direction and approval at the Contractor's expense.
4. PEST, WEED, SNAIL, INSECT & DISEASE CONTROL
Pest Control
Landscaped areas (shrub and ground cover)
Weed control
All landscaped areas shall be treated with appropriate pre-emergent herbicide at the recommended rate according to the label.
All areas within the boundaries of the site, which are not landscaped, shall be treated monthly to eliminate weeds. All weeds that are four (4) inches and above shall be removed mechanically or by hand.
Weed Control - Paved Surfaces & Arterial Roads
Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in concrete walkways, sidewalks, cracks, or expansion joints, within each site and in areas contiguous to the City landscape. All weeds that are four (4) inches and above shall be removed mechanically or by hand.
Snail Control
Snails shall be controlled on an as needed basis on all plan material, as determined by the Director.
Insect and Disease Control
All landscaped areas shall receive appropriate treatment with EPA registered pesticides for any insect or disease which causes or may cause damage to plants.
5. SPORTS FIELD MAINTENANCE
Required Equipment
Gator Utility Vehicle or equivalent vehicle - designed for ball field maintenance.
Water Pumps
Sports Digout Tool/Base Anchor Digout Tool
Drying agent for puddles
Tarps - to cover pitching mound and home field plate on Ball Park 4 - to remove and store in chalk shed during inclement weather
Baseball/Softball Infield Maintenance - Salt Lake Park
Skin/Baseline Areas
Maintain a level surface with uniform consistency throughout the areas. Problems areas include edges, player position areas, sliding, and lead-off areas.
Daily Maintenance: Drag, level, rake, wet down by 12:00 p.m. All standing water to be removed. If fields are not playable contractor should notify City designated staff by 11:00 a.m.
Weekly Maintenance: Scarify ½" deep, level depressions (pack firm with 3-ton roller if rain eminent).
Monthly Maintenance: Re-screen surface, scarify, and add Hilltopper mound clay, level.
Annual Maintenance: 2nd week of December through first week of February. Scarify and add Angel Mix as needed. Laser level every two (2) years. Add Hilltopper mound clay as needed. Salt Lake Park dethatching the perimeter of the infield (2' from infield edge) and around the warning track of fields once (1) per year.
Laser Leveling - Annually, starting on the second week of December of 2019.
Dragging Equipment / Techniques: The following dragging techniques shall be applied to all baseball/softball infields. All dragging should avoid the grass edges by staying at least one foot away - the area next to the grass edge should be hand raked. a. Scarifying drag; loosens and mixes the top ½", or so, of skin material (Hilltopper mound clay) with the conditioner (topdressing) material typically consisting of Hilltopper mound clay. Scarifying drags also level the cleat marks created in the skin base Hilltoppter mound clay. Baselines should be dragged by hand if there is grass on both sides. b. Leveling drag: fills in minor swales created from sliding and concentrated cleat activity at the player position areas and baselines. Care should always be taken when dragging near the grass edges to avoid moving any loose soil into the grass thus contributing to the lip problem. For best results on the skin area, dragging with a level drag should be in circles with a minimum turning radius of the equipment used to pull the drag. A medium turning radius at a slow speed prevents the tires on the equipment from digging into the Hilltopper mound clay base. Keeping the turning radius the same and overlapping the drag width half way from the previous drag pass will help ensure a more uniform and level surface.
c. Grooming drag: puts the finishing touches on the leveling process by eliminating any ridges created by the scarifying and leveling drags. It also helps establish a more uniform distribution of the conditioner or top dressing material.
Edges: The infield/outfield edges require daily maintenance. Lightly raking or sweeping away any loose infield material in the grass on a daily basis will greatly reduce lip buildup.
Periodically, the edges will require reestablishment every week by setting up a taught string line stretched from one base cutout to the other. Then, with a power edger, cut along the string line to cut grass stolon's and straighten the edge line. Once the edge has been cut remove any loose grass debris - this may involve the use of a hoe to remove any Bermuda grass that has become anchored on the skin side of the edge. With a re- defined edge add enough infield skin mix necessary to re-level the edge line and compact with a small hand roller. One should be able to stand on the edge line (straddling the grass and skin) without feeling any elevation difference.
Daily Maintenance: Rake/broom level.
Weekly Maintenance: Maintain level grade.
Monthly Maintenance: Re-screen surface, scarify, and add Hilltopper mound clay, level.
Annual Maintenance: Scarify, add Angel Mix as needed, laser level, add Hilltopper mound clay as needed.
Moisture Management: The key component to any good infield skin and baseline is proper moisture within the soil profile. Proper moisture can take a poor performing infield and turn it into one of superior performance.
Daily Maintenance: Apply even moisture.
Pitcher's Mound / Home Plate Area:
Daily pitcher's mound and home plate maintenance is required.
Repair holes on the mound and in the batter and catcher boxes utilizing this 5-step process:
Step 1: Using a kitchen broom remove all loose soil from holes - the base of the hole should be firm and hard.
Step 2: Using a pump-up sprayer or a hose with an on/off nozzle set to a trickle wet the base of the hole to the point where the Hilltopper mound clay in the bottom of the hole becomes sticky and slightly slimy - make sure the edges of the hole are wet as well.
Step 3: Add moist Hilltopper mound clay material to the hole.
Step 4: Compact the applied Hilltopper mound clay material with a tamper making sure the compaction is occurring throughout the entire area of the hole. Compact area until it is level with the surrounding surface.
Step 5: Keep Hilltopper mound clay moist for best playability and minimal disruption - apply light amounts of water as needed to prevent Hilltopper mound clay from drying out and cracking. Use of tarps will help retain moisture within the Hilltopper mound clay during hot sunny days.
Key mound repair areas will include the launch area (next to the rubber), the landing area (approximately 5 feet down the slope from the rubber), and the follow-through area (approximately 3 feet to the right and left of the landing area.
Key home plate areas will include the holes in both batters boxes, the catchers box, the start line toward 1st base (typically located just outside the right batter's box and in line with the foul line), and the sliding area into home plate from the 3rd base side.
Mound Maintenance
Daily Maintenance: Repair holes with Hilltopper mound clay.
Weekly Maintenance: Reestablish perch/slope.
Monthly Maintenance: Reestablish circle, reestablish height.
Annual Maintenance: Reestablish circle, height, perch, slope, rotate rubber, and laser level.
Batter Boxes
Daily Maintenance: Repair holes with Hilltopper mound clay.
Weekly Maintenance: Re-level area.
Bullpen Maintenance
Daily Maintenance: Repair holes with Hilltopper mound clay.
Weekly Maintenance: Reestablish perch/slope.
Monthly Maintenance: Reestablish height.
Annual Maintenance: Rotate pitching rubber.
Baseline Maintenance
Daily Maintenance: Drag, level, rake, chalk.
Weekly Maintenance: Power edge, scarify, level.
Monthly Maintenance: Add Angel Mix as needed.
Annual Maintenance: Edge, scarify, laser level.
Base Maintenance
Daily Maintenance: Check anchors/sleeves and rubber.
Weekly Maintenance: Paint white on Fridays with paint diluted 10:1 (water: paint).
Monthly Maintenance: Repair/replace as needed.
Annual Maintenance: Repair/replace as needed.
Weekly Ball Field Maintenance Schedule:
The field preparation weekly schedule will be emailed by Parks and Recreation designee.
It will contain the date, field, and distance at which bases are to be set. Additional details will be included.
Field Turf Maintenance Guidelines - Salt Lake Park
Bermuda grass maintenance (Apr-Oct)
Mowing: Once Bermuda grass comes out of dormancy begin mowing at ¾" height to reduce shade from cool-season grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1x per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height of ½" - ¾".
Fertilization: Apply a complete fertilizer at a rate of 1 lb. of N per 1000 sf every month. In June and July the amount of N shall be increased to 1.5 Ibs. per 1000 square feet or an additional application of ½ Ib. per 1000 square feet can be applied two weeks following the 1 Ib. N application. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) and ¼ that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micro nutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July - this can be either in granular form or liquid form if spray equipment is available.
Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity. Vertical cutting blades should be spaced approximately every ¾" and set to the depth of the soil surface. If equipment has vertical blade spacing greater than 2" then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolon's that can be placed in heavily worn areas for establishment. Aeration: All sports field turt areas should be core aerified every month.
Deep-tine aeration is to be performed once a year in the summer when the fields are not in use. Depending on the depth of irrigation pipes aerating to a 12" depth is required. If deep-tine aeration is not an option then core aerating to a minimum of 3" is recommended.
Cores must be collected from the field at the conclusion of each work day.
Topdressing: Topdressing should be performed at the same time aeration takes place.
Topdressing mix should consist of 90% washed medium sand (.5mm- 25mm) and 10% finely composted organic material. Application rate should be approximately 40 cubic yards per acre.
Perennial Ryegrass / Tall Fescue Maintenance (Oct-Apr)
Mowing: Raise the height of cut to 1" and mow 1x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3 rule is followed. Aeration: All sports field turf areas should be core aerified every month. Deep-tine aeration is to be performed once a year in the summer when the fields are not in use. Depending on the depth of irrigation pipes aerating to a 12" depth is required. If deep-tine aeration is not an option then core aerating to a minimum of 3" is recommended. Cores must be collected from the field at the conclusion of each work day.
Topdressing: Topdressing should be performed at the same time aeration takes place.
Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm) and 10% finely composted organic material. Application rate should be approximately 40 cubic yards per acre.
Perennial Ryegrass / Tall Fescue Maintenance (Oct-Apr)
Mowing: Raise the height of cut to 1" and mow 1x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3 rule is followed.
Soccer Square Maintenance
Same directions for lawn renovating, lawn watering, and lawn fertilizing for maintaining the soccer square. Maintenance should start on April 1st and end on August 1st.
6. PICNIC SHELTERS
Picnic Shelters
Contractor shall be responsible for the cleaning and trash pickup of all City shelters including the below shelters. A City representative will provide weekly schedule of Picnic Shelter reservation(s):
Senior Park Robert Keller Park Salt Lake Park
6923 Salt Lake Ave 6550 Miles Ave 3401 Florence Ave
Huntington Park, CA Huntington Park, CA Huntington Park, CA
7. LITTER AND DEBRIS
Litter and Debris
Weekly removal of any litter or debris that becomes evident in the area. Clean drains and gutters of any dirt, clippings, etc. as necessary or as requested by the City. Contracto will be responsible for the disposal of all trash and debris that accumulates as a result o the work.
8. WASTE RECEPTACLES
Waste Receptacles
Maintenance of waste receptacles will be the responsibility of the Contractor. Trash bags will be used in the receptacle, with trash to be removed daily. The lids and outsides of waste receptacles must be wiped down and cleaned during weekly trash removal.
Contractor will be responsible for providing trash bags/liners.
Maintenance Work Areas
Any and all City owned properties and buildings
Salt Lake Park, Main Recreation Center, and Municipal Building 3401 E. Florence Ave Huntington Park CA, 90255
Pick up trash and waste from Skate Park, Soccer Circle, Soccer Square, and Ball Fields.
Lawn Care
• Irrigation Systems
Shrub and Ground Cover
Pest, Weed, Snail, Insect, and Disease Control
Sports Field Maintenance
• Litter and Debris
Waste Receptacles
• Picnic Shelters
Huntington Park Community Center
6923 Salt Lake Ave, Huntington Park, CA 90255
• Lawn Care
Irrigation Systems
Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
Picnic Shelters
Robert Keller Park
6550 Miles Ave, Huntington Park, CA 90255
Lawn Care
• Irrigation Systems
Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
• Picnic Shelters
Raul R. Perez Memorial Park
6208 Alameda St., Huntington Park, CA 90255
• Lawn Care
• Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
Chesley Park
6531 Albany St., Huntington Park, CA 90255 (Corner of Zoe Ave & Albany St.) • Lawn Care
• Irrigation Systems
• Shrub and Ground Cover
Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
City Hall Building
6550 Miles Ave, Huntington Park, CA 90255
Lawn Care
• Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
Litter and Debris
• Waste Receptacles
Courthouse Building/After School
6548 Miles Ave, Huntington Park, CA 90255
Lawn Care
• Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
Police Department Building
6542 Miles Ave, Huntington Park, CA 90255
• Lawn Care
Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
Police Annex Building
6538 Miles Ave, Huntington Park, CA 90255
• Lawn Care
• Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
• Litter and Debris
• Waste Receptacles
Arterial roads West to East: Alameda St, Santa Fe Ave, Pacific Blvd, State St • Pest, Weed, Snail, Insect, and Disease Control
Arterial roads South to North: Florence Ave, Gage Ave, Slauson Ave • Pest, Weed, Snail, Insect, and Disease Control
Railroad Tracks: Randolph St. from Alameda to Fishburn Ave & Salt Lake Ave from Bell Ave to Santa Ana St.
• Irrigation Systems
• Shrub and Ground Cover
• Pest, Weed, Snail, Insect, and Disease Control
City Owned Parking Lots Rita Street along Florence Ave to Randolph St.
Shrub and Ground Cover
• Litter and Debris
Waste Receptacles
• Pest, Weed, Snail, Insect, and Disease Control
City Owned Parking Lots Rugby Street along Florence Ave to Randolph St. • Shrub and Ground Cover
Litter and Debris
• Waste Receptacles
• Pest, Weed, Snail, Insect, and Disease Control
Medians: 7 total - Various Locations
• Two at Florence Ave. & California Ave
• One at Hood Ave. and State St.
• One at Mission Place and State St.
• i One at State St. and Slauson Ave.
• I One on 52nd St. and Pacific Blvd.
• One on Satum and Bissell St.
All specifications listed for Shrub, Groundcover, and General Turf Maintenance shall apply to Median Service Areas. In addition to landscape and turf maintenance the Contractor is responsible for the maintenance of all hard surfaces areas such as curbs, gutters, concrete safety strips, sidewalks, and patterned concrete surfaces, which are part of the median.
All hard surface areas on all medians shall be inspected weekly and maintained in a neat, clean, and safe condition at all times. The hard surface areas shall be kept "weed free" at All hard surface areas shall be cleaned monthly or more frequently as needed to remove all deposits of litter, silt, sand, dirt, weeds, grass or other debris. The use of vacuums is required for the monthly service on all hardscape areas on the medians. All materials shall be removed from the site and be properly disposed of by the Contractor.
Plant material shall not be allowed obstruct any site line of vehicular traffic, and shall be kept below thirty-six (36") in height as measured from the road surface in any area where traffic site lines may be impacted. A City representative may provide direction as requested for proper maintenance.
Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in turf, planters, cracks, curbs and gutters, or expansion joints and areas contiguous to the City landscape.
All maintenance personnel shall wear safety vests and personal protective equipment while working in the public right-of-way and when working on medians, and at no time shall work be performed in the roadway without a City approved Traffic Control Plan in compliance with the CAMUTCD and all required traffic control signage in place.
Contractor is responsible for insuring that all median maintenance is performed in a safe manner and that no hazard is created by such operation.
ADDITIONAL SERVICES
REQUIRED REPORTS/MEETINGS
Contractor shall be responsible for the filing of all required records and reports, including but not limited to the Notice of Intent to Apply and Pesticide Use Reports, as specified by all county, state, and federal agencies. Said reports shall contain accurate and valid information. Copies off all records and reports shall be submitted to the City and Agricultural Commissioner monthly, with the exception of the Notice of Intent to Apply, which shall be submitted prior to the application of pesticides.
Contractor shall record and maintain accurate records of all pesticide applications.
Records to include date, time of day, location, type of chemical, quantity of chemical, method of application, and environmental data. A copy of this report shall be submitted to the City at the end of each month. Failure to do so will result in a deficiency and possible deduction in payment.
A pest monitoring report for each site shall be submitted to the City by the first day of each month. This report shall include the site number, date identification, extent, and location of pest problems (if any), record of previous control measures, name of inspecting personnel, and proposed control measures if deemed necessary.
The City shall be notified verbally within forty-eight (48) hours and in writing within five (5) working days of any new pest problems previously unreported and observed by the Contractor.
Contractor shall provide Public Works and Parks and Recreations with a weekly report of what was completed and what the Contractor will be working on. Contractor will also have bi-monthly meetings with Public Works and Parks and Recreations.
HOLIDAYS, ADDITIONAL SPECIFIED DATES, CITY EVENTS, SUMMER, & WEEKLY
OPENING & CLOSING
Holidays & Additional Specified Dates
The following ten (10) days are City holidays and the additional days which contractor shall provide service; including the cleaning of outdoor restrooms twice a day. Contractor shalice on pre dey event days a da ayer tree holy event. Park sal be serviced de least 2 hours before the event and by 12 p.m. the day after a Holiday. There will be a fine, the cost to replace these services, if Contractor does not provide service on the
1. New Year's Day 2. Labor Day
3. Martin Luther King Day 4. Veterans Day
5. President's Day 6. Thanksgiving Day
7. Memorial Day 8. Independence Day
9. Christmas Day 10. Cesar Chavez Day
Christmas Eve thru January 1st Day after Thanksgiving
City Events:
Easter Sunday Halloween / Hauntington Park
Cancer Relay Telemundo Sports Experience
Health Expo/5K Run Fourth of July Event
Mother's Day 2nd Sunday in May Day after Memorial Day
Day after Veteran's Day Day after Labor Day
First Sunday of February
Summer:
The Contractor shall provide service; including the cleaning of outdoor restrooms twice a day, on every Saturday and Sunday during the summer months of June thru September at all parks.
Weekly Opening and Closing:
Contractor will open and close the below parks seven days a week:
1. Salt Lake Park open at 6:00 a.m. close at 10:00 p.m.
2. Keller Park open at 6:30 a.m. close at 9:00 p.m.
3. Freedom Park open at 7:00 a.m. close 9:30 p.m.
4. Chesley Circle Park open at 7:30 a.m. close at 8:00 p.m.
5. Raul R. Perez Park open at 8:00 a.m. close at 8:30 p.m.
Exhibit "B"
NORTH STAR
LANDCARE
March 4, 2022
Cesar Roland
Public Works Director
6550 Miles Ave
Huntington Park, CA 90255
Hello Cesar Roland,
Congratulations to the City of Huntington Park on the grand opening of the new linear park, Veterans Park. The residents will enjoy a community park of this magnitude for many years to come.
Since 2019, North Star Land Care has been the City of Huntington Park's contracted landscaping maintenance company. Currently, we service all existing city parks, city facilities, and city-wide medians. Our current contract does not cover the maintenance of Veterans Park. Since the grand opening, we have assessed the maintenance needs of the new park, and we wish to offer the city our services. Based on our assessment, we concluded that it would take an additional two full-time staff persons and equipment, including a pickup truck, small power equipment, and an off-road vehicle. The additional monthly fee would cost $14,560, bringing the new monthly total to $37,635.
Over the years, we have built a great relationship with your staff, working together daily to provide the Huntington Park residents with clean, well-maintained parks and facilities.
We would love to add Veterans Park to our routine maintenance schedule, ensuring quality and continuity in the city.
We look forward to continuing our relationship with the city to provide the best possible maintenance services to the great community of Huntington Park. Please do not hesitate to contact me if you have any questions.
Sincerely,
JAM
Jose A. Martinez
North Star Land Care
10831 Downey Avenue
Downey: CA 90241
(562)674-3076
[email protected]
www.northstarlandcare.com
ITEM NO. 7
CITY OF HUNTINGTON PARK
Public Works Department
SE HINTINGTO City Council Agenda Report
CALIFORNA
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO ALLOW PUBLIC WORKS STAFF TO
PURCHASE A UTILITY SERVICE TRUCK
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve the purchasing of a utility service truck for the Public Works Department for a not to exceed fee of $45,000 payable from Account No. 741-8060-431.74-10 Fleet Fund Capital Equipment; and
2. Approve a budget transfer from Account No. 111-8095-431.61-50 General Fund Street Maintenance Supplies to Account No. 741-8060-431.74-10 (all City vehicles are purchased from the Fleet Fund); and
3. Authorize the City Manager to execute all applicable agreements.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The Department of Public Works has an ongoing requirement to purchase replacement vehicles to support mission critical operations performed by City departments. Time is of the essence when replacing vehicles to prevent interruptions in service and avoid higher repair and maintenance costs associated with keeping assets beyond their scheduled replacement. To expedite this process, this report recommends using cooperative purchase agreements and/or direct sales representation from reputable dealers to purchase a utility service truck. Additionally, as the Public Works Department continues to grow and add more personnel, so does the need to purchase vehicles in order to have personnel get to their designated work destinations.
LEGAL REQUIREMENT
In an ongoing effort to maximize cost savings and staff resources, many government agencies share contracting efforts through cooperative purchasing. This procurement CONSIDERATION AND APPROVAL TO AMEND UTILITY SERVICE CO. INC'S (A SUEZ COMPANY) CONTRACT TO INSTALL A NEW ROOF AS PART OF CIP 2020- 03 COTTAGE RESERVOIR AT WELL 15
March 15, 2022
method increases pricing competitiveness and lowers capital costs through volume buying. When comparing the administrative costs of procurement, staff considers product research, source selection, specifications, advertising, staff reports, awarding, protests, and administration of the contract.
Cooperative purchasing enables City departments to evaluate a broader range of contracting opportunities and to share resources with other jurisdictions. Cooperative purchasing also leverages internal and external resources to maximize cost savings opportunities for the City.
FISCAL IMPACT/FINANCING
Approval of this item will authorize the purchasing of a utility service truck for a not to exceed fee of $45,000 payable from Account No. 741-8060-431.74-10. There is sufficient budget in the General Fund Account No. 111-8095-431.61-50 for this budget transfer.
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
Car Pidar
CESAR ROLDAN
Director of Public Works
ITEM NO. 8
CITY OF HUNTINGTON PARK
Public Works Department
STALL City Council Agenda Report
CALIFORNIA
March 15, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF AWARD OF CONTRACT FOR PROJECT APPROVAL AND ENVIRONMENTAL DESIGN OF CIP 2019-14 ATP CYCLE V PROJECT NO. ATPSB1L-5150(017)
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Award the design of Project Approval and Environmental Design of CIP 2019-14 ATP Cycle V Project No. ATPSB1L-5150(017) to West & Associates Engineering, Inc. for a not-to-exceed fee of $24,800;
2. Utilize Account No. 202-8080-431.76-23 as the $24,800 is reimbursable from the State of California Department of Transportation (Caltrans); and
3. Authorize the City Manager to execute the professional services agreement.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
At the regularly scheduled meeting of February 1, 2022, the City Council authorized staff to solicit proposals for the Project Approval and Environmental Design (PA&ED) of CIP 2019-14 ATP Cycle V Project No. ATPSB1L-5150(017) (Project). The proposed project will create pedestrian safety and mobility enhancements along Gage Avenue, State Street, California Avenue, and the intersection of Florence Avenue at Bissell Street. It builds off previous safety initiatives and targets persistent concerns along Gage Avenue, where pedestrian ramp improvements and sidewalk replacement will improve safety and encourage active transportation for ten schools along Gage Avenue and seven schools along State Street. The project also adds four transit bus pads that will provide ADA- access and stable station platforms for all ages that will promote more active transportation to and from bus services. Along the residential corridor of California Avenue, pedestrian ramps will be improved at 42 locations. Finally, HAWK beacons at three critical mid-block locations in the City, including the intersection of Florence Avenue and Bissell Street will improve north-south pedestrian safety to schools near Salt Lake
CONSIDERATION AND APPROVAL OF AWARD OF CONTRACT FOR PROJECT APPROVAL AND ENVIRONMENTAL DESIGN OF CIP 2019-14 ATP CYCLE V PROJECT NO. ATPSB1L-5150(017)
March 15, 2022
Park. These infrastructure improvements will increase pedestrian mode share for sixteen elementary, middle, and high schools with a cumulative enrollment of 14,595 students.
This will address a youth population with the highest rate of collision fatalities in the State and the highest rates of obesity and overweight children in the State.
The PA&ED constructability review assures that all of the alternatives and the proposed preferred alternative are constructible on the available level of detail. This review is particularly important during consultation with the California Environmental Quality Act (CEQA) that establishes project limits or place specific mitigation requirements on the project. The constructability review includes the review of the proposed work plan, schedule, environmental requirements, and construction impacts.
On February 4, 2022, the City Clerk's Office published the RFP in the local newspaper of general circulation and Public Work' posted the RFP on the City's website and other forms of electronic media. The RFP provided the guidance expected of professional engineering firms that perform similar type work.
The City solicited proposals from qualified firms and the date to submit proposals was March 3, 2022. The City received three (3) proposals.
1. West & Associates Engineering, Inc. $24,800
2. Infrastructure Engineers $34,390
3. Minagar & Associates, Inc. $47,935
City staff has relayed that engineering support from an outside consultant is necessary to accomplish the design of the environmental phase of the Project. Based on the need to commence this phase of the design, it is staffs recommendation to award the design proposal to West & Associates Engineering, Inc.
LEGAL REQUIREMENT
Congress adopted the Brooks Act (P.L. 92-582), requiring the use of Qualifications-Based Selection (QBS) for the procurement of architect and engineering services. The use of QBS ensures that taxpayers receive highly technical architect and engineering services from the most experienced and most qualified firms at a fair and reasonable cost.
California's QBS requirements can be found at Government Code sections 4525 et seq., also known as the Mini Brooks Act. City is awarding West & Associates Engineering, Inc. with the professional services agreement based on demonstrating competence and qualifications for this type of service.
FISCAL IMPACT/FINANCING
At its regularly scheduled meeting of December 8, 2021, the California Transportation Commission (CTC) allocated funding in the amount of $50,000. A local City match is not required. West & Associates Engineering, Inc. has submitted a proposal and a fee schedule for a not-to-exceed fee of $24,800. Staff recommends utilizing Account No. 202-
CONSIDERATION AND APPROVAL OF AWARD OF CONTRACT FOR PROJECT APPROVAL AND ENVIRONMENTAL DESIGN OF CIP 2019-14 ATP CYCLE V PROJECT NO. ATPSB1L-5150(017)
March 15, 2022
8080-431.76-23 as the $24,800 is reimbursable from the State of California Department of Transportation.
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
Over Poldan
CESAR ROLDAN
Director of Public Works
ATTACHMENTS)
A. West & Associates Engineering, Inc. PSA
B. Proposals
ATTACHMENT "A"
CIT
CALIFORNI
PROFESSIONAL SERVICES AGREEMENI
Project Approval and Environmental Design
CIP 2019-14 ATP Cycle V - Project No. ATPSB1L-5150(017) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 15th day of March 2022, (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and WEST & ASSOCIATES ENGINEERING, INC. (hereinafter, "CONSULTANT"). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably.
Nd
RECITALS
This AGREEMENT is made and entered into with respect to the following facts:
WHEREAS, on March 15, 2022, the Huntington Park City Council at its Regular Meeting approved the Professional Services Agreement to the CONSULTANT to provide Project Approval and Environmental Design of CIP 2019-14 ATP Cycle V - Project No. ATPSB1L-5150(017); and
WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and skill of its principals and employees; and
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Huntington Park City Council at its Regular Meeting of March 15, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in that certain document entitled "Scope of Services" and attached hereto as Exhibit "A" (hereinafter referred to as the "Scope of Services"). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and work necessary to competently perform and timely complete the services and tasks as set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2TERM: This Agreement shall conclude by December 30, 2022 and will commence from the Effective Date unless terminated as provided elsewhere in this Agreement (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as further set out herein.
1.3 COMPENSATION: During the term of this Agreement and any extension term provided herein, CONSULTANT shall perform the Services set forth in Section 1.2 above, for a not-to-exceed fee of $24,800, included in the proposal reflected in Exhibit "A". CONSULTANT shall not exceed the Contract Price unless such added expenditure is first approved by the CITY Council acting in consultation with the City Manager. In the event CONSULTANT's charges are projected to exceed the Contract Price prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT's performance of any additional Work outside the Work as defined in Exhibit A, pending CITY approval of any anticipated expenditures in excess of the Contract Price or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: On the first of each month, CONSULTANT shall submit to CITY an itemized invoice for that month's Base Fee and indicating the additional services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's monthly compensation is a function of hours worked by CONSULTANT's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay any undisputed amounts. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. CITY shall not withhold
applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the reasonable right to access and examine such records, without charge. CITY shall own and further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all written materials, including any electronic communications, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
Il.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Phillip West to act as its representative for the performance of this Agreement (hereinafter, "CONSULTANT Representative"). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT. CONSULTANT may, by written notice to CITY, advise CITY of any change in CONSULTANT Representative.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the
Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and in accordance with industry standards of CONSULTANT's profession;
B. CONSULTANT shall perform all Work in a manner in accordance with this Agreement;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. Except as otherwise set forth in this Agreement, all of CONSULTANT's employees and agents (including but not limited to subCONSULTANTs and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with its obligation set out herein or failure on the part of CONSULTANT's employees, agents, CONSULTANTs, subCONSULTANTs and subconsultants to fulfill its obligations herein. Such effort by CONSULTANT to correct any errors or omissions shall be commenced as soon as reasonably practicable upon their discovery or notice by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing, in accordance with applicable industry standards. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience
necessary to perform the Work skillfully, competently and in accordance with applicable industry standards of CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY, which consent shall not be unreasonably withheld. CITY shall have up to sixty (60) calendar days to consider any proposed assignment by CONSULTANT. CONSULTANT can withhold consent where the CITY determines that the proposed assignee does not have the financial capacity to comply with the terms of this Agreement. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT
CONSULTANT: The Work shall be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, CONSULTANTs, subCONSULTANTs or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, CONSULTANTs, subCONSULTANTs or subconsultants fail or refuse to perform the Work in accordance with this Agreement, such officer, employee, agent, CONSULTANT, subCONSULTANT or subconsultant shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements. To the extent that any changes in applicable law result in an increase in CONSULTANT's cost of performance, the Parties shall negotiate in good faith to reach a mutually agreeable price adjustment. Should the Parties fail to reach such an agreement within 30 days (or such other agreeable time period) of CONSULTANT's notice to CITY of its increased cost of performance, either Party may terminate this Agreement upon 60 days' written notice. (a) In the event that water treatment violations occur following the effective date of this Agreement, subject to Sub-Section (b) below and the applicable Force Majeure provisions, the CONSULTANT shall, in respect of violations that may be imposed by Applicable Law and to the extent due to CONSULTANT's fault, be responsible for: fines, penalties, or damages. Prior to settlement or payment of any such fines, penalties or damages, the CONSULTANT reserves the right to contest government or private actions, suits or proceedings for violations through administrative procedures or otherwise. (b) To the extent that violations of applicable laws, rules, regulations or permits are caused by failures in the facilities or causes beyond CONSULTANT's control, including the CITY's failure to approve recommended repairs or maintenance, CONSULTANT will use its professional efforts to maximize performance of the Facilities but shall not be responsible for associated violations or damages, fines or penalties which result.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subCONSULTANT, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANTs and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions | employees, CONSULTANTs,
subCONSULTANTs and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
2.11 CITY RESPONSIBILITIES: During the term of this Agreement, the CITY shall:
obtain and maintain all state, federal, and local permits and licenses required for ownership, operation and maintenance of the Facilities,
including without limitation, the CITY's Permits;
c) comply with Applicable Law relating to the management, ownership, operation, maintenance, repair and replacement of the Facilities (to the extent that the responsibility of complying with those laws is not specifically assumed by the CONSULTANT under this Agreement). The CONSULTANT shall not be responsible for the CITY's failure to comply with any provision of Applicable Law that is not otherwise specifically assumed by the CONSULTANT hereunder.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:
A Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CG Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto) or if CONSULTANT does not own or lease automobiles, Hired and Non-Owned Automobile Liability shall be accepted. Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California. However, if the CONSULTANT has no employees, for example a sole practitioner or a partner in a firm with only contracted support staff, then Workers' Compensation is not required by the State. CONSULTANT shall the city's form stating they are either the owner of the organization or a partner and are exempt from the State's workers' compensation requirements because they have no employees and agree to hold the Entity harmless from
3.2 ADDITIONAL INSURED REQUIREMENTS: The CG Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
3.4 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VIl. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.5 PRIMACY OF CONSULTANT'S INSURANCE: All polices of insurance provided by CONSULTANT (except Professional Liability and Workers' Compensation) shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT's insurance and shall not contribute with it.
3.6 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subCONSULTANTs or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against
3.7 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well- being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any work or any of the Work. Upon CITY's written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to this Agreement subject to Paragraph 4.2 and 4.3. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with protection as set forth herein and to the extent possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.
4.2 Work of CONSULTANT's Design Professionals Services: The duty to indemnify and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional" within the meaning of subsection (c)(2) of section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) to the extent caused by the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, employees, servants, agents, CONSULTANTs, subCONSULTANTs or authorized volunteers or any other person or entity for whom CONSULTANT is legally liable in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless pursuant to this subsection does not include an upfront duty to defend. CONSULTANT will reimburse the CITY Indemnitees' apply to the extent that it is finally adjudicated that the liability was caused by the active negligence or willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT's indemnification obligation shall be in proportion to the established comparative liability.
4.3 Work of All Other Persons/Non-Design Professionals: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other reasonable costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees,
agents, servants, CONSULTANTs, subCONSULTANTs or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost to the extent caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.4 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (i) comply with applicable workers' compensation laws.
4.5 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.
4.6 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subCONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT acknowledges that its obligations under Sections 4.2 and 4.3 apply.
4.7 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.8 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: Except for the first two years of this Agreement, either Party may, by written notice to the other, immediately terminate this Agreement at any time for convenience and without cause by giving written notice to Consultant of such termination, which notice shall specify the effective date of such termination, which effective date shall not be less than 90 days from the