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Agenda packet

Huntington Park City Council
May 17, 2022

Document
Agenda packet
Meeting
May 17, 2022
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Huntington Park City Council
Pages
4
Original file
25.9 MB
Text extracted from the city's file for reading and search. Open the original on www.hpca.gov. That file is the official record.

CITY OF

HUNTINGTON PARK
City Council
Regular Meeting
Agenda
Tuesday, May 17, 2022
6:00 p.m.

City Hall Council Chambers
6550 Miles Avenue, Huntington Park, CA 90255
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.

Graciela Ortiz
Mayor
Eduardo “Eddie” Martinez Karina Macias
Vice Mayor Council Member
Marilyn Sanabria Manuel “Manny” Avila
Council Member Council Member

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 2 of 8
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 [email protected] 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://zoom.us/j/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
May 17, 2022 Page 3 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 twothirds 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. NATIONAL WELLNESS AND MENTAL HEALTH AWARENESS MONTH

2. MY HUNTINGTON PARK APP RAFFLE CONTEST WINNERS

3. RECOGNITION OF POLICE OFFICER JOHN CASTRO

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 4 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. Christina Chavez vs. Huntington Park
Government Code Section 54956.9(d)(1)
Los Angeles County Superior Court- Southeast District – Norwalk, Case No.

BC715516

3. CONFERENCE WITH LEGAL COUNSEL – ANTICPATED LITIGATION Government Code Section 54956.9(d)(2)

CLOSED SESSION ANNOUNCEMENT

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered 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 May 5, 2022

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 5 of 8

2. CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING THE

CITY TO CONTINUE ITS TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361
RECOMMENDED THAT CITY COUNCIL:

Adopt Resolution No. 2022-15 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 Warrant(s) dated May 17, 2022;

END OF CONSENT CALENDAR

REGULAR AGENDA

CITY MANAGER

4. CONSIDERATION AND APPROVAL OF A RESOLUTION APPOINTING AN

ALTERNATE MEMBER TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY’S GOVERNING BOARD (ICRMA)
RECOMMENDED THAT CITY COUNCIL:

1. Approve the appointment of an alternate member; and

2. Adopt Resolution No. 2022-14, amending Resolution No. 2019-28, appointing an alternate Member to the Independent Cities Risk Management Authority’s Governing Board (ICRMA).

PARKS AND RECREATION

5. CONSIDERATION AND APPROVAL TO EXPAND THE SENIOR

GUARANTEED INCOME PROGRAM
RECOMMENDED THAT THE CITY COUNCIL:

1. Authorize the City Manager to expand the senior guaranteed income program to include an additional 500 seniors.

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 6 of 8

6. CONSIDERATION AND APPROVAL FOR RENEWAL OF LICENSE

AGREEMENT WITH HARBOR AREA FARMERS MARKETS TO TAKE PLACE AT SALT LAKE PARK FROM 2022-2024
RECOMMENDED THAT CITY COUNCIL:

1. Approve renewal of license agreement with Harbor Area Farmers Markets for usage of Salt Lake Park from 2022 – 2024; and

2. Authorize the City Manager to execute Agreement

PUBLIC WORKS

7. CONSIDERATION AND APPROVAL AWARDING TREEPEOPLE A

PROFESSIONAL SERVICES AGREEMENT TO MANAGE AND OVERSEE THE

URBAN FORESTRY GRANT AWARDED TO THE CITY FROM THE STATE

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
RECOMMENDED THAT CITY COUNCIL:

1. Award TreePeople the professional services agreement to manage and oversee the Urban Forestry Grant awarded from the Department of Forestry and Fire Protection to inventory the City’s urban forest;

2. Accept grant funding for the Urban Forestry Grant Revenue into revenue Account Number 111-0000-335.55-00;

3. Appropriate $265,230 from Account Number 111-8091-434.56-41 (grant reimbursable) and appropriate $29,359 from Account Number 111-8091- 434.56-41 (City Local Match) Contractual Services – Forestry Grant for a total not-to-exceed fee of $294,589;

4. Allocate $18,750 of staff time as the City’s local matching funds for community services support, communication, grant development, project organizing and outreach to city residents;

5. Authorize staff to solicit proposals for the creation of a tree inventory for a notto-exceed fee of $40,000 payable from Account Number 111-8091-434.56-41 (grant reimbursable);

6. Authorize staff to solicit technical expertise from a professional tree arborist for a not-to-exceed amount of $2,500 payable from Account Number 111-8091- 431.56-41 (grant reimbursable); and

7. Authorize the City Manager to sign all documents related to this program.

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 7 of 8

8. CONSIDERATION AND APPROVAL TO AMEND REQUEST FOR SERVICES FOR DESIGN SERVICES AS PART OF CIP 2019-02 SLAUSON AVENUE

CONGESTION RELIEF IMPROVEMENTS PROJECT
RECOMMENDED THAT CITY COUNCIL:

1. Approve amendment to Infrastructure Engineers’ Request for Services (RFS) for additional design components of CIP 2019-02 Slauson Avenue Congestion Relief Improvements Project for a not-to-exceed amount of $141,855;

2. Approve additional allocation of $141,855 from Account No. to 222-8010- 431.76-06; and

3. Authorize the City Manager to execute the amendment.

9. CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION
CONTRACT FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22
RECOMMENDED THAT CITY COUNCIL:

1. Award the construction contract to Palp, Inc. dba Excel Paving Co. for the construction of CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 2021-22 as the lowest responsive, responsible bidder for a not-to-exceed amount of $5,492,894;

2. Approve expenditures in the amount of $2,961,496 from Account No. 239- 8010-431.76-12 as approved at the City Council meeting of April 5, 2022 on the Substantial Amendment Two to the FY 2021-202 Annual Action Plan from Community Development Grant (CDBG) funds;

3. Approve expenditures in the amount of $2,215,749 from Account No. 221- 8010-431.76-12;

4. Approve expenditures in the amount of $315,649 from Account No. 111-8010- 431.76-12;

5. Approve a construction contingency of $368,537 payable from Account No. 111-8010-431.76-12; and

6. Authorize the City Manager to execute the construction contract agreement.

END OF REGULAR AGENDA
DEPARTMENTAL REPORTS (Information only)

WRITTEN COMMUNICATIONS

CITY COUNCIL MEETING AGENDA
May 17, 2022 Page 8 of 8

COUNCIL COMMUNICATIONS
Council Member Manuel “Manny” Avila
Council Member Marilyn Sanabria
Council Member Karina Macias
Vice Mayor Eduardo “Eddie” Martinez
Mayor Graciela Ortiz

ADJOURNMENT
The City of Huntington Park City Council will adjourn the May 17, 2022 City Council meeting in memory of Roberto De La Cruz to a Regular Meeting on Tuesday, June 7, 2022 at 6:00 P.M.

I, 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 12th day of May 2022.
_________________________
Eduardo Sarmiento, City Clerk
________________________
Eduardo Sarmiento City Clerk
Item 1

MINUTES
Regular Meeting of the
City of Huntington Park City Council
Tuesday, May 3, 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 6:06 p.m. on Tuesday, May 03, 2022, in the Council Chambers at City 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. Mayor Graciela Ortiz joined the City Council Meeting at the conclusion of closed session.

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 Ortiz.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Sanabria.

PRESENTATION(S)

1. CERTIFICATE OF RECOGNITION FOR COMMISSIONER TERESA BALTAZAR

PUBLIC COMMENTS
The following people provided public comment:

1. Jose Rivera

2. Julie M. Barreda

STAFF RESPONSE
Mayor Ortiz expressed her concerns with the business on the corner near the 58th Street alley and the increase in bikes. She directed Community Development Director Steve Forster to follow up with the property owner who is permitting the behavior to continue. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 05-03-22 Regular City Council Meeting)

CLOSSED SESSION

CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 2 of 6
City Attorney Araceli Almazan requested City Council add a subsequent need item to the close session agenda. She added that this item was brought to the city’s attention after the posting of the agenda and requires the Councils immediate attention. The matter to be added will be listed as item four (4) on the closed session agenda under government code section 54956 subsection one (1) existing litigation titled Chacon vs. The City of Huntington Park Workers Compensation matter.

MOTION: Councilmember Sanabria moved to add the subsequent item to the closed session agenda, seconded by Councilmember Macias. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
Mayor Ortiz recessed to closed session at 6:22 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

3. CONFERENCE WITH LEGAL COUNSEL – ANTICPATED LITIGATION Government Code Section 54956.9(d)(2)

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956 (1)
Chacon v. City of Huntington Park – Workers Compensation matter

CLOSED SESSION ANNOUNCEMENT
City Attorney Araceli Almazan announced the minutes should reflect that with all five members of the City Council present, the four (4) items listed on the close session agenda were discussed. With regard to item one (1), two (2), and three (3) Council was briefed, direction was provided but no final action was taken. With regard to item number four (4) Council was briefed, direction was provided on a possible settlement and resolution of the matter. 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.

CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 3 of 6
AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None

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 April 19, 2022

FINANCE

2. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:

Approve Accounts Payable and Payroll Warrant(s) dated May 5, 2022;

END OF CONSENT CALENDAR

REGULAR AGENDA

HUMAN RESOURCES

3. CONSIDERATION AND POSSIBLE APPROVAL OF FIRST AMENDMENT TO

SIDE LETTER TO MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF HUNTINGTON PARK AND THE HUNTINGTON PARK POLICE

OFFICERS ASSOCIATION
MOTION: Mayor Ortiz moved to approve the item, seconded by Councilmember Sanabria. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None

COMMUNITY DEVELOPMENT

4. CONSIDERATION AND APPROVAL OF INTEGRATED SOLID WASTE MANAGEMENT SERVICES – FRANCHISE AGREEMENT
MOTION: Mayor Ortiz moved to approve the selection of Valley Vista Services; and exercise option two (2) described by Community Development Director Steve Forster for a ten (10) year contract, and authorize the City Manager to negotiate

CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 4 of 6
final terms of the franchise agreement and execute all future documents and agreements on behalf of the City, seconded by Councilmember Macias. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None

5. CONSIDERATION AND APPROVAL OF FIREWORKS SALES PERMIT

APPLICATIONS SUBMITTED BY LOCAL NON-PROFIT ORGANIZATIONS IN

THE CITY OF HUNTINGTON PARK
MOTION: Councilmember Macias moved to approve the Fireworks Sales Permit Applications submitted by local non-profit organizations in the City of Huntington Park; and authorize the Community Development Department to process the applications and conducts the final inspection of the stands, seconded by Vice Mayor Martinez. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None

6. CONSIDERATION AND APPROVAL OF A FIRST TIME HOME BUYER GRANT

PROGRAM
MOTION: Mayor Ortiz moved to approve the First Time Home Buyer Grant Program; and appropriate the allocation of HOME related funding in the amount of $1,675,695 to the fiscal year 2021/22 budget; and authorize the City Manager to execute all future documents and agreements on behalf of the City, seconded by Councilmember Sanabria. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None
At the conclusion of item eight (8) Councilmember Macias recused herself from Public Hearing item nine (9).

PUBLIC WORKS

7. REJECT BID PROPOSAL RECEIVED FOR THE DESIGN-BUILD OF FIRE

PROTECTION ALARM SERVICES AT THIRTEEN CITY FACILITIES
MOTION: Councilmember Sanabria moved to reject the lone bid proposal for the design-build of fire protection alarm services at thirteen city facilities in accordance with Public Contract Code Section 22038(a)(1); and authorize staff to publish and

CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 5 of 6
solicit a Request for Proposal (RFP) from qualified C-10, C-16 licensed contractors and relevant and experienced engineering firms to design the fire protection alarm system plans and specifications for bidding purposes, seconded by Councilmember Macias. Motion carried by unanimous consent.

AYES: Council Member(s): Avila, Sanabria, Macias, Vice Mayor Martinez, and Mayor Ortiz
NOES: None

END OF REGULAR AGENDA

PUBLIC HEARING

DEPARTMENTAL REPORTS
Communications Director Sergio Infanzon provided a report on recently held community event and provided date for upcoming events, including the upcoming Art Festival. He also shared with the Council the first art piece submission for the festival. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link. 05-03-22 Regular City Council Meeting)

WRITTEN COMMUNICATIONS
None

COUNCIL COMMUNICATIONS
Councilmember Manuel Avila wished everyone a good night.

Councilmember Marilyn Sanabria wished her mother and all the mothers of the world a happy Mother’s Day. She also thanked staff for the execution of the animal clinic.

Councilmember Karina Macias thanked staff and wish everyone a happy Mother’s Day specially to single fathers who are both Mothers and Fathers of their household.

Vice Mayor Eduardo “Eddie” Martinez thanked staff for all their efforts and keeping us safe. He also thanked the volunteers who helped with clean up and planting efforts.

Mayor Ortiz wished her mother and all mothers a happy Mother’s Day. She also echoed the sentiment of Councilmember Macias regarding those parents who play both the role of mother and father of their household and wish them a happy Mother’s Day as well.

She then announced that on Saturday May 7, 2022 Marquez High School will be having a health fair run entirely by the students as part of their community projects and encouraged everyone to attend. She also thanked staff for their efforts with the first-time home buyers’ program. She closed by encouraging everyone to attend opening day of Huntington Park baseball Wednesday May 25, 2022, and wished all High School students luck with the upcoming advance placement and end of year testing.

CITY COUNCIL MEETING MINUTES
March 1, 2022 Page 6 of 6

ADJOURNMENT
Mayor Ortiz adjourned the meeting at 7:45 p.m. The next City of Huntington Park City Council meeting will be held on Tuesday May 17, 2022 at 6:00 pm Respectfully submitted,
____________________________
Eduardo Sarmiento, City Clerk
Item 2

CITY OF HUNTINGTON PARK
City Clerk’s Office
City Council Agenda Report

May 17, 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. 2022-15 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 accordance with the procedures outlined by previous executive orders issued. Assembly Bill (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. 2022-15 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 May 17, 2022

Page 2 of 2 ends

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. 2022-15 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 May 17, 2022

Page 2 of 2 ends

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. 2022-15 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361 May 17, 2022

Page 2 of 2 ends

Respectfully submitted,

EDUARDO SARMIENTO
City Clerk
ARNOLD M. ALVAREZ-GLASMAN
City Attorney

ATTACHMENT(S)
A. Resolution No. 2022-15 Authorizing the City to Implement Teleconferenced Open Meetings Pursuant to Assembly Bill 361
B. Full Text of Assembly Bill 361
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RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK, CALIFORNIA AUTHORIZING THE CITY TO

IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO
ASSEMBLY BILL 361
WHEREAS, City of Huntington Park values and places the highest priority on public safety and protecting its community; and
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, 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 abbreviated as COVID-19, (“COVID-19”); and
WHEREAS, the City of Huntington Park remains vigilant with federal, state, and county official updates related to COVID-19 because information, orders, and directives continue to change; and
WHEREAS, Chapter 4-4.06, et seq. of the Huntington Park Municipal Code authorizes the City Council to proclaim the existence or threatened existence of a local 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 the case as discussed hereinabove as it relates to COVID-19; and WHEREAS, the City of Huntington Park is committed to preserving and nurturing public access and participation in meetings of City Council; and 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 that any member of the public may attend, participate, and watch the City’s Council conduct their business; and
WHEREAS, the Brown Act, Government Code § 54953(e), makes provisions for remote teleconferencing participation in meetings by members of local agencies, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, 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 teleconferences (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
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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 through September 30, 2021; and
WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021 and amended Government Code Section 54953; and
WHEREAS, Assembly Bill 361 has several requirements to ensure the public can view and make public comments during the teleconferenced open meetings, including:
• 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 the meeting via a call-in or internet-based service option; • The City Council cannot take 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 City Council’s control which prevents members of the public from offering public comments, until public access is restored;
• Prohibiting City Council from requiring public comments to be submitted in advance of the meeting and would specify that the City Council must provide an opportunity for the public to address the City Council and offer comments in real time;
• Prohibiting City Council from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and
WHEREAS, Government Code Section 54953(b)(3) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exists;

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 subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Huntington Park continue to impose or recommend measures to promote social distancing
WHEREAS, the City of Huntington Park continues to impose or recommend measures to promote social distancing, which includes, but is not limited to:
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1. For the safety of everyone and due to COVID-19, not allowing the public to attend City Council meetings in person.

2. Posting COVID-19 safety measures.

WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct 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 potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action 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 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein; 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 WHEREAS, the Huntington Park City Council have determined that the provisions contained herein are necessary for the preservation of the public health and safety;

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

SECTION 1. The City of Huntington Park shall charge the fee amount specified 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 service listed herein.

SECTION 2. That based on the City’s powers, City Council may at its sole and absolute discretion, establish by resolution to authorize the City to conduct teleconferenced open meetings pursuant to Assembly Bill 361; and 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:
• 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 Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Huntington Park continue to impose or recommend measures to promote social distancing.

SECTION 4. Adoption of this Resolution declares and affirms that the City Council of the City of Huntington Park authorizes that public meetings be teleconferenced in accordance to the provisions within AB 361.
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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 City shall be as prescribed by federal, state, and county law, as well as the laws, ordinances and resolutions of the City of Huntington Park.

SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction 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 have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Resolution are declared to be severable.

SECTION 7. That the City Clerk shall certify to the passage and adoption of 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 Clerk of the County of Los Angeles.

PASSED, APPROVED AND ADOPTED this 17th day of May 2022.

Gabriela Ortiz,
Mayor
ATTEST:
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Eduardo Sarmiento,
City Clerk
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 Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of 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.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and 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.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit 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 pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated 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 attendance.
92 Ch. 165 — 2 —
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under 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.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state 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 state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)  Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the 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 — 3 — Ch. 165
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 the 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 notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(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.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional 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 right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)  This bill would declare that it is to take effect immediately as an 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:
89305.6. (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 Ch. 165 — 4 —
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice 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.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative 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 this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
(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 offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the 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 satisfy 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 the most rapid means of communication available at the time shall include, but 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 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 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:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum 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 suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice 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 state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the 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 for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public 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 this article, and using the means otherwise prescribed by this article, as applicable.
(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 offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the 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 state body may satisfy 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 the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(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.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — 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 this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and 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 all purposes in connection with any meeting within the subject matter 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, it shall post agendas at all teleconference locations and conduct teleconference meetings 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. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for 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, “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.
(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 the action.
(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 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.
92 Ch. 165 — 8 —
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over 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 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 a quorum is established pursuant to this subdivision shall be subject to all 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 Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present 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.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
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 legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in 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 a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items 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 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, 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. (G)  (i)  A legislative body that provides a timed public comment period for 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 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 recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
(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 teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  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.
(ii)  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. 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 be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and 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 all purposes in connection with any meeting within the subject matter 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, it shall post agendas at all teleconference locations and conduct teleconference meetings 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. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for 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, “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.
(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 the action.
(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 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, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over 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 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 a quorum is established pursuant to this subdivision shall be subject to all 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 Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present 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.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

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 legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in 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 a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items 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 92 — 13 — Ch. 165
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, 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. (G)  (i)  A legislative body that provides a timed public comment period for 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 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 recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (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 teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  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.
(ii)  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 Ch. 165 — 14 —
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and 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 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 all purposes in connection with any meeting within the subject matter 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, it shall post agendas at all teleconference locations and conduct teleconference meetings 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. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for 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, “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.
(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 the action.
(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 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 — 15 — Ch. 165
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over 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 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 a quorum is established pursuant to this subdivision shall be subject to all 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 Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 4.1. 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 of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and 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 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 all purposes in connection with any meeting within the subject matter 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, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for 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, “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.
(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 the action.
(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 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, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over 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 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 a quorum is established pursuant to this subdivision shall be subject to all 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 92 — 17 — Ch. 165
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill 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 COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public 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 by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes 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 a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the 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:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165
Item 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 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount ADILENE MUNOZ SANTOS 04262022 111-6010-451.59-15 BOOST CONFERENCE 48.00 ADIR INTERNATIONAL EXPORT LTD 3Q21-4Q21 111-9010-465.56-33 SEMI ANNUAL TAX PAYMENT 27,137.70 ALL CITY MANAGEMENT SERVICES,INC 76939 111-7022-421.56-41 SCHOOL CROSSING SVCS 5,444.25 ALL DATA LLC. 05092022 741-8060-431.43-20 ANNUAL SUBSCRIPTION 1,500.00 ALVAREZ-GLASMAN & COLVIN 2022-01-02-2022 745-9031-413.33-70 SETTLEMENT PAYMENT 5,451.00 11PX-7FNF-3NT4 111-6020-451.61-35 CULTURAL ARTS SUPPLIES 13.17 14WW-KHV7-9FL3 111-6020-451.61-35 CULTURAL ARTS SUPPLIES 282.62 1MY1-7FFX-WCQQ 111-6020-451.61-35 CULTURAL ARTS SUPPLIES 368.21 1RWD-KT9N-YR4H 111-6020-451.61-35 CULTURAL ARTS SUPPLIES 42.91 1XX3-CY6W-PQ3H 111-8020-431.61-20 BELT CELL PHONE CLIPS 28.54 1KVR-MNJY-P14T 239-6060-490.61-60 AFTERSCHOOL SPORT SUPPLY 991.35 ANTHONY PIMENTEL 02072022 111-7010-421.59-20 MILEAGE/PER DIEM 243.87 ARTURO GUIZAR 04272022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 18.13 3/22-4/21 111-6010-419.53-10 SALT LAKE CAMERAS 137.68
000018005199 111-7010-421.53-10 PD PHONE SERVICE-DISPATCH 539.80 000018085150 111-7010-421.53-10 PD PHONE SERVICE-DISPATCH 388.19 3/23-4/22 111-9010-419.53-10 PUBLIC WORKS YARD 170.48
3/28-4/27 111-9010-419.53-10 FREEDOM PARK 149.09
3/28-4/27 111-9010-419.53-10 RAUL PEREZ PARK 149.09
4/1-4/30 111-9010-419.53-10 SALT LAKE PARK 139.10
X04142022 111-7010-421.53-10 PD WIRELESS PHONES 1,211.44 X04252022 111-7010-421.53-10 PD WIRELESS PHONES 3,972.72 AT&T PAYMENT CENTER 3/28-4/27 111-7010-421.53-10 PD PHONE SERVICES 2,436.27 BAVCO 153857 111-8020-431.43-20 REPAIR KIT-BACKFLOW 697.22 BISHOP COMPANY INV-745492 111-8095-431.61-50 GRAFFITI SUPPLIES 921.38 BLACK AND WHITE EMERGENCY VEHICLES 4459 111-7022-421.61-24 REPAIR OF LIGHTBAR 100.00 BOB BARKER COMPANY INC. INV1759610 121-7040-421.56-14 JAIL SUPPLIES 897.58 INV1759619 121-7040-421.56-14 JAIL SUPPLIES 55.42
INV1759681 121-7040-421.56-14 JAIL SUPPLIES 311.00
INV1760081 121-7040-421.56-14 JAIL SUPPLIES 502.08
$18.13
AT&T
$1,673.43

AT&T MOBILITY
$5,184.16
$2,436.27
$697.22
$921.38
$100.00
$48.00
$27,137.70
$5,444.25
$1,500.00
$5,451.00
AMAZON.COM SERVICES, INC.
$1,726.80
$243.87
1 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount BOB BARKER COMPANY INC. INV1760102 121-7040-421.56-14 JAIL SUPPLIES 55.42 4748819 111-9010-419.33-10 MONEY TRANSPORTATION 247.83
4748820 111-9010-419.33-10 MONEY PROCESSING 85.20
BRYAN MENENDEZ 04182022 111-7010-421.59-20 MILEAGE/PER DIEM 363.82 CRHPI0122 111-0210-413.56-41 SOFTWARE SERVICES 6,650.00 CRHPMRI0322 111-0210-413.56-41 SOFTWARE SERVICES 6,650.00 CRHPMSI0122 111-0210-413.56-41 SOFTWARE SERVICES 1,771.06 CRHPPPUI0222 111-0210-413.56-41 SOFTWARE SERVICES 2,696.41 CRHPPPUI0322 111-0210-413.56-41 SOFTWARE SERVICES 1,410.00 CANNON CORPORATION 80057 681-8030-461.43-30 WATER ENGINEERING INVESTIG. 6,182.19 CELICA QUINONES 04262022 111-6010-451.59-15 BOOST CONFERENCE 40.47 387760 219-8085-431.43-21 PARTS FOR POLICE UNIT 24.33
387761 219-8085-431.43-21 PARTS FOR POLICE UNIT 12.35
388797 219-8085-431.43-21 PARTS FOR POLICE UNIT 119.54
389386 219-8085-431.43-21 PUMP KIT FOR UNIT 004 273.48
389058 741-8060-431.43-20 PARTS FOR POLICE UNIT 17.35
CHAMPION CJD 658169 741-8060-431.43-20 PARTS FOR POLICE UNIT 955 188.28 0511353041922 111-9010-419.53-10 CITY HALL BACK UP INTERNET 394.94 0673369042122 239-5055-419.53-10 CIRCLE PARK WIFI PROJECT 149.32 4115360617 741-8060-431.56-41 DRY CLEANING 372.29
4116043032 741-8060-431.56-41 DRY CLEANING 372.29
4116751089 741-8060-431.56-41 DRY CLEANING 370.14
4117425764 741-8060-431.56-41 DRY CLEANING 370.14
4118108038 741-8060-431.56-41 UNIFORM DRY CLEANING 370.14 301024 221-8014-429.61-20 TRAFFIC COUNTS 550.00
301025 221-8014-429.61-20 TRAFFIC COUNTS 700.00
COMMERCIAL TIRE COMPANY 1-172647 741-8060-431.43-20 TRACTOR TIRES UNIT 411 214.38 COUNTY OF L.A. DEPT OF PUBLIC WORKS RE-PW-220207048 221-8014-429.56-41 TRAFFIC SIGNAL MAINT 1,331.94 CRANE ARCHITECTURAL GROUP 10380 111-5010-419.56-49 CONCEPTUAL DESIGN ARCHIT. 4,980.00 $214.38
$1,331.94
$4,980.00

CHARTER COMMUNICATIONS
$544.26
CINTAS CORPORATION NO 3
$1,855.00

CITY TRAFFIC COUNTERS
$1,250.00

CAMPAIGNREP INC
$19,177.47
$6,182.19
$40.47

CENTRAL FORD
$447.05
$188.28

BRINK'S INCORPORATED
$333.03
$363.82
$1,821.50
2 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount DAPEER, ROSENBLIT & LITVAK 20097 111-0220-411.32-70 CITY CIVIL/APPEAL CASES 405.00 137299 111-7022-421.61-29 PARKING CITATION PAPER 2,792.25 136394 111-7065-441.61-20 ANIMAL CONTROL CITATION 50.65 137464 111-7065-441.61-20 FIREWORK CITATION 37.50
136345 111-9010-415.56-15 CITATION PROCESSING 202.50
137298 111-9010-415.56-15 PARKING CITATION PROCESS 29,910.93 INV716174 111-7010-421.56-41 TECHNICIAN LABOR 150.00
INV723293 111-7010-421.56-41 MAINTENANCE SERVICES 758.67 NV716903 111-7010-421.56-41 TECHNICIAN LABOR 240.00
DELTA DENTAL BE004927096 111-0000-217.50-20 DPO MONTHLY BENEFITS 133.57 DELTA DENTAL INSURANCE COMPANY BE004924740 111-0000-217.50-20 PMI MONTHLY BENEFITS 2,204.26 DEPARTMENT OF ANIMAL CARE & CONTROL 04252022 111-7065-441.56-41 ANIMAL CARE AND CONTROL 8,910.21 EADIE AND PAYNE, LLP 06302019 111-3010-415.32-40 AUDIT SERVICES 75,500.00 8112 111-8020-431.43-10 CARPET SVCS-CITY HALL 2,842.50
8112 111-8024-421.43-10 CARPET SVCS- CITY HALL 2,842.50 EMERGENCY RESPONSE CRIME SCENE T2022-237 111-7030-421.56-41 HAZARD MATERIAL DISPOSAL 750.00 ESTELA RAMIREZ 05032022 111-6060-466.33-20 AEROBIC BODY INSTRUCTOR 252.00 HPE05012022 111-0000-362.20-15 FIXED ROUTE TRANSIT SVCS -2,500.00 HPE05012022 219-0000-340.30-00 FIXED ROUTE TRANSIT SVCS -2,281.00 HPE05012022 219-8085-431.56-43 FIXED ROUTE TRANSIT SVCS 35,290.66 DAR05012022 219-8085-431.56-45 DIAL A RIDE SVCS 69,183.33 HPE05012022 220-8085-431.56-43 FIXED ROUTE TRANSIT SVCS 35,290.68 HPE05012022 222-8010-431.56-43 FIXED ROUTE TRANSIT SVCS 35,290.66 102851 741-8060-431.43-20 CLUSTER FOR PD UNIT 886 435.49 106994 741-8060-431.43-20 PARTS FOR POLICE UNITS 42.58
110472 741-8060-431.43-20 PARTS FOR POLICE UNITS 56.34
110474 741-8060-431.43-20 PARTS FOR POLICE UNITS 1,351.64 110542 741-8060-431.43-20 PARTS FOR POLICE UNITS 582.63 110968 741-8060-431.43-20 PARTS FOR POLICE UNITS 69.50
110969 741-8060-431.43-20 PARTS FOR POLICE UNITS 88.79
110970 741-8060-431.43-20 PARTS FOR POLICE UNITS 31.89
CM106994 741-8060-431.43-20 PARTS FOR POLICE UNITS -21.47

GEORGE CHEVROLET
$2,637.39
$2,204.26
$8,910.21
$75,500.00

EDWIN RUANO
$5,685.00
$750.00
$252.00

EXPRESS TRANSPORTATION SERVICES LLC
$170,274.33
$405.00
DATA TICKET INC.
$32,993.83

DAY WIRELESS SYSTEMS
$1,148.67
$133.57
3 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount GLORIA'S RESTAURANT, INC. 040622-042722 239-0280-490.51-03 SENIOR MEAL PROGRAM 8,280.00 GUILLERMO PORTILLO 04262022 111-6010-451.59-15 BOOST CONFERENCE 48.00 GUTIERREZ BACKGROUND INVESTIGATIONS 2022-2 111-7010-421.56-41 BACKGROUND INVESTIGATION 1,000.00 809224 111-8023-451.61-20 CHLORINE FOR SPLASH PAD 971.92 802456 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 204.23 802457 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 102.11 802458 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 205.60 803657 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 204.23 803658 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 226.16 803659 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 91.90 810047 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 158.58 810048 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 228.07 810049 681-8030-461.41-00 SODIUM HYPOCHLORITE WELLS 249.20 HDL COREN & CONE SIN016422 111-9010-419.56-41 CONTRACT SERVICES 2,085.85 HERNANDEZ SIGNS, INC. 5224 111-8022-419.43-10 SNEEZE GUARD FOR ADMIN 192.94 HG GRAPHIC AND PRINTING 1006 111-5010-419.61-20 BUSINESS CARDS 76.65 HINDERLITER DE LLAMAS & ASSOCIATES SIN015429 111-9010-419.56-41 CONTRACT SVCS- TRANS TAX 300.00 INTERNATIONAL INSTITUTE OF 39433 111-1010-411.59-10 ANNUAL MEMBERSHIP FEE 330.00 J SQUARED 00102 681-8030-461.56-41 PROFESSIONAL SVCS PROP 68 1,100.00 1 111-7024-421.56-41 SUPPLIES FOR JANITORIAL 698.45
2 111-7024-421.56-41 JANITORIAL SVCS 3,700.84
1 111-8020-431.56-41 SUPPLIES FOR JANITORIAL 419.07
2 111-8020-431.56-41 JANITORIAL SVCS 1,440.58
1 111-8022-419.56-41 SUPPLIES FOR JANITORIAL 931.27
2 111-8022-419.56-41 JANITORIAL SVCS 4,305.23
1 111-8023-451.56-41 SUPPLIES FOR JANITORIAL 2,607.54
2 111-8023-451.56-41 JANITORIAL SVCS 11,472.56
JDS TANK TESTING & REPAIR INC 17295 741-8060-431.43-20 MONTHLY DESIGNATED OPERAT 135.00 JTB SUPPLY COMPANY INC 110283 535-8016-431.74-10 4 ANCHOR BOLTS 3,494.93 $135.00
$3,494.93
$192.94
$76.65
$300.00
$330.00
$1,100.00
J316 BUILDER
$25,575.54
$8,280.00
$48.00
$1,000.00
HASA, INC.
$2,642.00
$2,085.85
4 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount JULIO MORENO 04272022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 18.13 JULIO VARGAS 04292022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 18.13 KAJIWARA COMMUNICATIONS HP0014 111-9010-419.56-41 ADMIN CONSULTING SERVICES 7,857.50 LA COUNTY SHERIFF'S DEPT 222583BL 121-7040-421.56-41 INMATE MEAL SERVICES 701.48 01142022 219-8085-431.58-50 TAP PASS POSITION 59.34
02152022 219-8085-431.58-50 TAP PASS POSITION 59.34
03152022 219-8085-431.58-50 TAP PASS POSITION 59.34
04152022 219-8085-431.58-50 TAP PASS POSITION 59.34
1215221 219-8085-431.58-50 TAP PASS POSITION 59.34
6015527 219-8085-431.58-50 SENIOR TAP CARDS 450.00
6015765 219-8085-431.58-50 SENIOR TAP CARDS 772.00
6015995 219-8085-431.58-50 SENIOR TAP CARDS 1,165.00
LAMINATING AND BINDING SOLUTIONS 292657 239-6060-490.74-10 AFTERSCHOOL EQUIPMENT 1,933.79 73051 111-7010-419.43-15 IT MONTHLY SVCS-MAY 2022 25,106.00 73079 111-7010-419.43-15 IT MONTHLY SERVICES 205.50
72412 111-7010-421.56-41 TWO YEAR STANDARD SSI 294.38
71784 111-7065-441.61-20 TECH EQUIPMENT-PD 105.02
73051 111-9010-419.43-15 IT MONTHLY SVCS-MAY 2022 25,106.00 73079 111-9010-419.43-15 IT MONTHLY SERVICES 205.50
LB JOHNSON HARDWARE CO. 120556 111-8023-451.43-10 GALVANIZED PIPE 173.50 MACKEY INDUSTRIAL REPAIR 6119 741-8060-431.43-20 REPAIR ON UNIT 346 90.00 MARIO BOJORQUEZ 04292022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 18.13 312600351 681-8030-461.62-20 WATER FOR FREEDOM PARK 1,034.38 312600352 681-8030-461.62-20 WATER FOR FREEDOM PARK 279.38 312600353 681-8030-461.62-20 WATER FOR FREEDOM PARK 140.08 MEDICAL DIAGNOSTIC LABORATORY,LLC 04221851 111-9010-490.61-60 EMPLOYEE COVID TESTING 2,000.00 MINAGAR & ASSOCIATES, INC 911 222-8010-431.56-41 ENGINEERING SVCS 156.00 NATIONAL READY MIXED CONCRETE CO. 819317 221-8010-431.61-20 CONCRETE MIX 1,311.99 NATIONWIDE ENVIRONMENTAL SERVICES 32304 111-8031-433.56-41 STREET SWEEPING SVCS 3,032.00 32305 220-8070-431.56-41 BUS STOP MAINTENANCE 18,795.50 $1,311.99

LAN WAN ENTERPRISE, INC
$51,022.40
$173.50
$90.00
$18.13
MAYWOOD MUTUAL WATER COMPANY, NO. 1
$1,453.84
$2,000.00
$156.00
$18.13
$18.13
$7,857.50
$701.48
LACMTA
$2,683.70
$1,933.79
5 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount NATIONWIDE ENVIRONMENTAL SERVICES 32304 221-8010-431.56-41 STREET SWEEPING SVCS 49,625.96 NCM CARWASH 10086 741-8060-431.43-20 CAR WASH POLICE UNITS 377.05 10087 741-8060-431.43-20 CAR WASH POLICE UNITS 11.58
10088 741-8060-431.43-20 CAR WASH POLICE UNITS 23.15
10091 741-8060-431.43-20 CAR WASH POLICE UNITS 34.73
NEW CHEF FASHION INC. 1028690 111-7030-421.61-20 NEW EMPLOYEE UNIFORM 99.20 NICK NICHOLS 04042022 111-7010-421.59-15 MILEAGE/PER DIEM 234.46 NICOLAS DE LA O 04182022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 97.11 NISHA SCHUMACHER 05242022 111-7010-421.59-30 MILEAGE/PER DIEM 349.82 1601-326 535-8090-452.56-60 LANDSCAPING SERVICES 23,057.75 1601-326-A 535-8090-452.56-60 LANDSCAPE MAINTENANCE 14,560.00 O'REILLY AUTO PARTS 2959-100554 741-8060-431.43-20 PARTS FOR UNITS 5.48 2959-116453 741-8060-431.43-20 PARTS FOR UNITS 40.76
2959-119180 741-8060-431.43-20 PARTS FOR UNITS 7.60
2959-120140 741-8060-431.43-20 PARTS FOR UNITS 131.97
2959-120186 741-8060-431.43-20 PARTS FOR UNITS 530.89
2959-122725 741-8060-431.43-20 PARTS FOR UNITS 182.18
2959-122873 741-8060-431.43-20 PARTS FOR UNITS 22.28
2959-166769 741-8060-431.43-20 PARTS FOR UNITS 25.35
5655-277408 741-8060-431.43-20 PARTS FOR UNITS 59.31
5655-277416 741-8060-431.43-20 PARTS FOR UNITS 321.81
5655-278088 741-8060-431.43-20 PARTS FOR UNITS 243.85
5655-278470 741-8060-431.43-20 PARTS FOR UNITS 12.97
5655-278805 741-8060-431.43-20 PARTS FOR UNITS 34.01
5655-280427 741-8060-431.43-20 PARTS FOR UNITS 50.70
5655-282399 741-8060-431.43-20 PARTS FOR UNITS 115.75
5655-283801 741-8060-431.43-20 PARTS FOR UNITS 100.55
5655-284819 741-8060-431.43-20 PARTS FOR UNITS 78.97
5655-285478 741-8060-431.43-20 PARTS FOR UNITS 42.07
5655-285631 741-8060-431.43-20 PARTS FOR UNITS 66.12
5655-285647 741-8060-431.43-20 PARTS FOR UNITS 308.61
5655-285665 741-8060-431.43-20 PARTS FOR UNITS 30.25
5655-285762 741-8060-431.43-20 PARTS FOR UNITS 357.77
5655-286014 741-8060-431.43-20 PARTS FOR UNITS 752.62
5655-286230 741-8060-431.43-20 PARTS FOR UNITS 106.28

NORTH STAR LAND CARE
$37,617.75
$71,453.46
$446.51
$99.20
$234.46
$97.11
$349.82
6 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount O'REILLY AUTO PARTS 5655-286242 741-8060-431.43-20 PARTS FOR UNITS 61.66 5655-286277 741-8060-431.43-20 PARTS FOR UNITS 63.37
5655-286675 741-8060-431.43-20 PARTS FOR UNITS 290.98
5655-286686 741-8060-431.43-20 PARTS FOR UNITS 46.73
5655-286917 741-8060-431.43-20 PARTS FOR UNITS 515.29
5655-287061 741-8060-431.43-20 PARTS FOR UNITS 23.31
5655-287073 741-8060-431.43-20 PARTS FOR UNITS 39.69
5655-287649 741-8060-431.43-20 PARTS FOR UNITS 241.44
5655-288165 741-8060-431.43-20 PARTS FOR UNITS 13.66
5655-289412 741-8060-431.43-20 PARTS FOR UNITS 74.14
5655-289413 741-8060-431.43-20 PARTS FOR UNITS 179.26
5655-290090 741-8060-431.43-20 PARTS FOR UNITS 107.65
145383 111-8095-431.61-50 GRAFFITI SUPPLIES 1,267.54
145576 111-8095-431.61-50 GRAFFITI SUPPLIES 1,392.18
PACIFIC PRODUCTS & SERVICES LLC 30262 221-8010-431.61-21 ANCHORS FOR TRAFFIC SIGNS 1,741.40 PVP COMMUNICATIONS 130924 111-7022-421.61-29 HELMET KIT INSTALLATION 1,057.34 IN43009 111-8020-431.43-05 XEROX COPIER CONTRACT 21.90
IN43009 285-8050-432.43-05 XEROX COPIER CONTRACT 21.90
IN43009 681-8030-461.43-05 XEROX COPIER CONTRACT 21.90
RANDALL HENRIQUEZ 04152022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 4.91 03282022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 37.90 04152022 111-7010-421.59-20 MILEAGE REIMBURSEMENT 4.91
REFRIGERATION SUPPLIES DISTRIBUTOR 1581774-00 111-8020-431.43-10 AIR CONDITIONER 1,472.00 RESOURCE BUILDING MATERIALS 3347310 111-8010-431.61-20 CONCRETE TOOLS 1,273.63 RIO HONDO COLLEGE 2122-RG-HUNT-85 111-7010-421.59-15 3RD QUARTER RANGE 1,600.00 02072022 111-7010-421.59-20 MILEAGE/PER DIEM 90.50
03292022 111-7010-421.59-20 MILEAGE/PER DIEM 163.15
04042022 111-7010-421.59-20 MILEAGE/PER DIEM 431.01
SIRCHIE FINGERPRINT LABORATORIES 0540863-IN 111-7040-421.61-33 EVIDENCE PACKAGING 56.97 SMART & FINAL 0605 111-6040-451.61-35 5K SUPPLIES 54.45 3192200019303 111-7010-421.61-20 MEETING/EVENT SUPPLIES 42.36 $56.97
$65.70
$4.91

RAYMOND GARCIA
$42.81
$1,472.00
$1,273.63
$1,600.00

SAUL RODRIGUEZ
$684.66
$5,285.33

OEM AUTO PAINT SUPPLIES
$2,659.72
$1,741.40
$1,057.34
QDOXS
7 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount SMART & FINAL 3192200026503 111-7010-421.61-20 MEETING/EVENT SUPPLIES 230.00 SONSRAY MACHINERY, LLC PSO003513-2 741-8060-431.43-20 3 FUEL FILTERS 36.19 SOUTH COAST AIR QUALITY MGMT DISTR. 3989034 681-8030-461.42-05 HOT SPOT PROGRAM FEE 143.88 SOUTHERN CALIFORNIA EDISON 3/18-4/18 681-8030-461.62-20 ELECTRIC BILL- BEAR/FLORENCE AVE 4,537.97 SP LAW GROUP, ACP 19STCV38762 745-9031-413.33-70 SETTLEMENT AGREEMENT 15,000.00 SPRINT SOLUTIONS, INC 475527450-026 111-6010-451.56-41 PARKS & REC- WALKIE TALKIES 7.82 STANDARD INSURANCE COMPANY 378917 0001 111-0000-217.50-70 MONTHLY PREMIUM PLAN 6,664.59 3/21-4/20 111-0110-411.53-10 CELL PHONE-COUNCIL 263.85
3/21-4/20 111-0210-413.53-10 CELL PHONE-ADMIN 197.70
3/21-4/20 111-1010-411.53-10 CELL PHONE-CITY CLERK 107.55 3/21-4/20 111-2030-413.53-10 CELL PHONE-HUMAN RESOURCES 97.42 3/21-4/20 111-3010-415.53-10 CELL PHONE-FINANCE 103.17
3/21-4/20 111-6010-451.56-41 MOBILE SERVICES-PARKS & REC 301.93 3/21-4/20 111-8010-431.53-10 PUBLIC WORKS PHONE SERVICES 552.10 3/21-4/20 111-8095-431.53-10 PUBLIC WORKS PHONE SERVICES 231.57 3/21-4/20 681-8030-461.53-10 PUBLIC WORKS PHONE SERVICES 156.28 T2 SYSTEMS CANADA INC. IRIS0000104971 111-8010-415.56-41 PARKING PAY SUBSCRIPTIONS 2,370.00 3/14-4/12 111-7024-421.62-10 GAS SERVICES-VARIOUS LOCATIONS 811.59 3/14-4/12 111-8020-431.62-10 GAS SERVICES-VARIOUS LOCATIONS 163.35 3/14-4/12 111-8022-419.62-10 GAS SERVICES-VARIOUS LOCATIONS 1,051.43 3/14-4/12 111-8023-451.62-10 GAS SERVICES-VARIOUS LOCATIONS 194.71 TOWN HALL STREAMS 13970 111-1010-411.56-41 FACEBOOK LIVE-MEETINGS 300.00 420220129 221-8014-429.56-41 DIG ALERT CHP01 CHARGES 264.10 DSB20210987 221-8014-429.56-41 CA STATE FEE REGULATION 118.44 22-0109 111-0210-413.56-41 PUBLIC AFFAIR SERVICES 5,000.00 22-0206 111-0210-413.56-41 PUBLIC AFFAIR SERVICES 5,000.00 VELADA CONSULTING LLC 38 111-0210-413.56-41 CONSULTING SERVICES 7,500.00 VICTOR REYES ROSAS 05032022 111-6065-451.57-46 SENIOR MEAL SUPPLIES 1,984.50 $382.54

UPWARD SOLUTIONS
$10,000.00
$7,500.00
$1,984.50

T-MOBILE USA
$2,011.57
$2,370.00

THE GAS COMPANY
$2,221.08
$300.00

UNDERGROUND SERVICE ALERT OF SO CAL
$326.81
$36.19
$143.88
$4,537.97
$15,000.00
$7.82
$6,664.59
8 of 9
City of Huntington Park
Demand Register
WR 5/17/2022
Payee Name Invoice Number Account Number Description Transaction Amount S120220657.002 111-8023-451.43-10 RAUL PEREZ PARK LAMPS 301.63 S119265096.006 535-8016-431.61-45 LAMPS FOR PACIFIC BLVD 195.09 S119925730.004 535-8016-431.61-45 STREET LIGHT WIRE 29.59 WATER REPLENISHMENT DISTRICT OF 03312022 681-8030-461.41-00 GROUNDWATER PRODUCTION 91,069.16 WEST & ASSOCIATES ENGINEERING, INC 1008.16.05-09 111-8031-433.76-17 STAFFING AUGMENTATION 5,891.00 1008.16.22-05A 111-8031-433.76-17 INSPECTION INVENTORY SVCS 1,850.00 1008.16.22-05B 111-8031-433.76-17 NPDES SYSTEM 6,050.00 WEST & ASSOCIATES ENGINEERING, INC 1008.16.06-03 202-8080-431.76-21 PRELIMINARY ENGINEERING 41,500.00 1008.16.07-02 202-8080-431.76-23 PRELIMINARY ENGINEERING 21,300.00 88177C 111-7024-421.56-41 EXTERMINATOR SERVICES 53.50
88177C 111-8020-431.56-41 EXTERMINATOR SERVICES 73.60
88177C 111-8022-419.56-41 EXTERMINATOR SERVICES 53.45
88177C 111-8023-451.56-41 EXTERMINATOR SERVICES 100.90
88177C 535-8090-452.56-60 EXTERMINATOR SERVICES 139.50
WESTERN FENCE & SUPPLY CO 38249 111-8010-431.61-20 METAL FLANGES PARKING LOT 655.99 XPRESS WASH INC 14636 741-8060-431.43-20 CAR WASH SERVICES 1,463.00 $76,591.00

WESTERN EXTERMINATOR COMPANY
$420.95
$655.99
$1,463.00
$857,361.50

WALTERS WHOLESALE ELECTRIC COMPANY
$526.31
$91,069.16
9 of 9
Item 4

CITY OF HUNTINGTON PARK
Office of the City Manager
City Council Agenda Report
May 17, 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 APPOINTING AN

ALTERNATE MEMBER TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY’S GOVERNING BOARD (ICRMA)
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve the appointment of an alternate member; and

2. Adopt Resolution No. 2022-14, amending Resolution No. 2019-28, appointing an alternate Member to the Independent Cities Risk Management Authority’s Governing Board (ICRMA).

BACKGROUND
The City Council, by resolution on October 1, 2019 adopted Resolution No. 2019-28, Amending Resolution No. 2018-01, Appointing Representatives to the Independent Cities Risk Management Authority’s Governing Board (ICRMA). With the recent hire of the new City Clerk it is necessary to appoint a new alternate member to the Board and amend Resolution No. 2019-28.

FISCAL IMPACT
There is no direct fiscal impact.

CONCLUSION
Upon Council approval, City Clerk will forward a certified copy of Resolution No. 2022- 14 to ICRMA, to the attention of its General Manager.

Respectfully submitted,
3 CONSIDERATION AND APPROVAL OF A RESOLUTION APPOINTING AN

ALTERNATE MEMBER TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY’S GOVERNING BOARD (ICRMA)
May 17, 2022

Page 2 of 2 ends

RICARDO REYES
City Manager

EDUARDO SARMIENTO
City Clerk

ATTACHMENT(S)
A. Resolution No. 2022-14, Amending Resolution No. 2019-28, Appointing an Alternate Member to the Independent Cities Risk Management Authority’s Governing Board (ICRMA)
B. Resolution No. 2019-28.
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RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK, CALIFORNIA, FULFILLING ITS OBLIGATIONAS

A MEMBER OF THE INDEPENDENT CITIES RISK MANAGEMENT

AUTHORITY (ICRMA) TO APPOINT A VOTING DELEGATE TO THE
ICRMA BOARD OF DIRECTORS, [AND OPTIONAL] ELECTING TO

APPOINT ALTERNATES TO THE BOARD OF DIRECTORS IN ORDER
TO ENSURE CONSISTENT ATTENDANCE.

WHEREAS, The City of Huntington Park ("City") is a member of ICRMA, a joint powers authority created pursuant to the provisions of the California Government Code; and
WHEREAS, ICRMA provides a Liability Program, Workers' Compensation Program, Property Program, and other coverage programs for its members; and WHEREAS, The Joint Powers Agreement provides that ICRMA’s Board shall be comprised of one representative from each member; and
WHEREAS, The ICRMA Bylaws require that ALL members not only appoint a representative to the Board but that the representative attend meetings as a condition of City membership; and
WHEREAS, City council of each member may select and change any of its representatives, subject to ICRMA Board approval, by filing a resolution with ICRMA; and
WHEREAS, Appointees must be 1) elected officials, OR 2) City Managers, OR 3) hold positions with authority equivalent to a Department Director within the Member hierarchy; OR 4) IF APPROVED FOR APPOINTMENT BY THE ICRMA BOARD be dedicated (full time) to risk management for the Member; and WHEREAS, City desires to designate its representative(s) to the ICRMA Board of Directors;
WHEREAS, City acknowledges and affirms that its representatives have full authority to bind City;
WHEREAS, City acknowledges and affirms that actions properly approved or taken by the Board shall be binding on City regardless of the vote of its designee or her/his presence when the action was taken;
WHEREAS, City acknowledges and affirms that each appointee is individually expected to meet all legal obligations of Board service, perform all duties set forth in ICRMA’s Governing Documents, and serve with keen attention to ICRMA’s purpose and high professional standards
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That Ricardo Reyes (City Manager) is hereby appointed to serve Voting Director on the ICRMA Board of Directors.

SECTION 2. That Eduardo Sarmiento is hereby appointed as alternate, to serve on the ICRMA Board in the absence of the primary member noted in Section 1 above.

SECTION 3. That the individuals designated by this City Council as the City's Voting Director or alternate to serve on the ICRMA Board of Directors are hereby confirmed and designated as the City's delegates for all purposes of representing the City's interests and exercising the authority of the City with respect to all matters delegated to the Board of Directors and signing all amendments as are contemplated to be approved by Board of Directors.

RESOLVED, that a certified copy of this Resolution shall be provided to the Executive Director of ICRMA before it may be deemed effective.

PASSED, APPROVED AND ADOPTED this 17th day of May 2022.

Gabriela Ortiz,
Mayor
ATTEST:
______
Eduardo Sarmiento,
City Clerk
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RESOLUTION NO. 2019-28

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HUNTINGTON PARK AMENDING
RESOLUTION NO. 2018-01 AND APPOINTING AN

ALTERNATE MEMBER TO THE GOVERNING

BOARD OF THE INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY (ICRMA)
WHEREAS, the City of Huntington Park ("City") is a member of the Independent Cities Risk Management Authority ("ICRMA"), a joint powers authority created pursuant to the provisions of the California Government Code; and WHEREAS, ICRMA provides a Liability Risk Management Program, Property Risk Management Program, Workers' Compensation Risk Management Program, and other programs for its members; and
WHEREAS, the Joint Powers Agreement provides that the city council of each 13 member city may appoint a member of the city council as the city's representative to 14 the ICRMA Governing Board and also authorizes the appointment of an alternate 15 16
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23 representative and a substitute alternate representative to represent the city's interest in the absence of the city council appointee; and
WHEREAS, City desires to designate its representative to the ICRMA Governing Board.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Park does hereby find, determine and declare as follows:

SECTION 1. That Ricardo Reyes, City Manager (may be a Council Member or staff person) is hereby appointed as the delegate, to serve on the ICRMA Governing Board and to the Risk Management Programs in which this City participates.

SECTION 2. That Donna Schwartz, City Clerk (may be a Council Member or staff person) is hereby appointed as the alternate, to serve on the ICRMA Governing 24 25 26
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Board and to the Risk Management Programs in which this City participates in the absence of the primary member noted in Section 1 above.

SECTION 3. That Marilyn Sanabria, Council Member, (may be a Council Member or staff person) are hereby appointed as the substitute alternate(s), to serve on the ICRMA Governing Board and to the Risk Management Programs in which this City participates in the absence of the primary and alternate members noted in Sections 1 and 2 above.
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5 SECTION 4. That the individuals designated by this City Council as the City's representatives alternate(s) and substitute alternate representatives to the ICRMA Governing Board and to the Risk Management Programs in which this City participates are hereby confirmed and designated as the City's delegates for all purposes of representing the City's interests and exercising the authority of the City with respect to the Coverage and the Program and voting on behalf of the City on all matters 6 delegated to the Governing Board and signing such amendments as are contemplated 7 to be approved by the Governing Board.
8 SECTION 5. The appointments contained herein shall supersede all prior 9 10
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17 appointments of representatives to the Independent Cities Risk Management Authority contained in Resolution 2018-01 and prior.

SECTION 6. The City Clerk shall certify to the adoption of this resolution.

SECTION 7. The City Clerk shall forward a certified copy of this resolution to ICRMA, to the attention of its General Manager.

PASSED, APPROVED, AND ADOPTED this 151 day of October, 2019. .,.18_: -·;tfFfEST~
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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF HUNTINGTON PARK)
I, Donna G. Schwartz, City Clerk of the City of Huntington Park, California, do hereby certify that the foregoing Resolution No. 2019- 28 was duly passed and adopted by the City Council of the City of Huntington Park at a regular meeting of the City Council held on the 1st day of October, 2019, by the following vote, to wit:

AYES:

NOES:

ABSENT:

Council Member(s): Ortiz, Pineda, Sanabria, Vice Mayor Avila and Mayor Macias
Council Member(s): None
Council Member(s): None
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the Seal of the City of
Huntington Park, this 2nd day of October 2019.

Item 5

CITY OF HUNTINGTON PARK
Parks and Recreation Department
City Council Agenda Report
May 17, 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 EXPAND THE SENIOR GUARANTEED

INCOME PROGRAM
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Authorize the City Manager to expand the senior guaranteed income program to include an additional 500 seniors; and

2. Approve a budget appropriation in the amount of $3,600,000 from account number 111-9050-451.56-10 American Rescue Plan Senior Guaranteed Income Program.

BACKGROUND
At a regularly scheduled City Council meeting on February 15, 2022, the City Council approved and adopted Phase I of the City of Huntington Park’s American Rescue Plan Act (“ARPA”) Spending Proposal, which included $2.4 million for 1,000 eligible seniors to participate in the Senior Guaranteed Income Program.

The American Rescue Plan Act (“ARPA”) was signed into law on March 11, 2021, with the purpose of providing financial stimulus to offset the economic effects of COVID-19, including food supply chain security, supplemental nutrition assistance programs, education emergency relief, childcare, public health, and housing, among others. The ARPA allocates roughly $45.5 Billion to metropolitan cities for use in mitigating the impacts of COVID-19. Payments are divided into two “tranches” and covers eligible costs incurred between March 3, 2021, and December 31, 2024. The funds must be used in accordance with Section 603(c) of the Social Security Act.

The City of Huntington Park (“City”) may allocate such funds under Section 603(c) for the following uses:
• Responding to COVID-19 or its negative economic impacts, including assistance to household, small businesses, and non-profits.

CONSIDERATION AND APPROVAL TO EXPAND THE SENIOR GUARANTEED

INCOME PROGRAM
May 17, 2022

Page 2 of 2 ends

The City will be required to provide periodic reports to the U.S. Secretary of the Treasury detailing the use of the Funds. On December 7, 2021, the City agreed to receive funds from the ARPA in the amount of $27,952.355.00 (“ARPA Funds”). On December 13, 2021, the City received its first allocation from the Treasury in the amount of $13,976,177.50. Over the past several months, the City has explored possible uses, and consulted various City departments and stakeholders for suggestions on how the ARPA Funds might be utilized.

PURPOSE AND JUSTIFICATION OF RECOMMENDED ACTION
On April 25, 2022, the City began the sign-ups for the Seniors guaranteed income program to provide support to the seniors who are struggling on their fixed income with the inflation we are currently facing. The initial program limit was set for the first 1,000 seniors. However, the City quickly reached that amount as there was an unexpected wave of seniors that applied and the need is much bigger than what was initially expected and budgeted. This expansion can be funded through the American Recovery Plan Act (“ARPA”) Spending Proposal that was approved by Council on February 15, 2022.

FISCAL IMPACT
The expansion would equate to an additional 1.2 million (“ARPA) funds to provide an additional 500 seniors guaranteed income of $200 per month for 1 year. Although the City Council approved the overall spending plan for the American Recovery Plan Act monies, this staff report recommends the City Council approve a budget appropriation in the amount of $3,600,000 to cover the cost of providing the guaranteed income program to 1,500 seniors within the community. The distribution of the funds may require the time and expense to administer and maintain accurate records.

CONCLUSION
It is recommended that the City Council approve the expansion of the senior guaranteed income program to include an additional 500 seniors and authorize the City Manager to proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CONSIDERATION AND APPROVAL TO EXPAND THE SENIOR GUARANTEED

INCOME PROGRAM
May 17, 2022

Page 2 of 2 ends

CYNTHIA NORZAGARAY
Director of Parks and Recreation

ATTACHMENT(S)
A. Flyer for the Senior Guaranteed Income Program
Item 6

CITY OF HUNTINGTON PARK
Parks and Recreation Department
City Council Agenda Report
May 17, 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 FOR RENEWAL OF LICENSE AGREEMENT

WITH HARBOR AREA FARMERS MARKETS TO TAKE PLACE AT SALT LAKE PARK FROM 2022-2024
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve renewal of license agreement with Harbor Area Farmers Markets for usage of Salt Lake Park from 2022 – 2024; and

2. Authorize the City Manager to execute Agreement

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
A license agreement has been prepared to renew and approve the Harbor Area Farmers Market, for usage of the Salt Lake Park parking lot for an additional 2 years.

The parking lot is located east of the Recreation Center in Salt Lake Park – 3401 E.

Florence Avenue. Harbor Area Farmers Market, will use the lot to conduct their certified farmer’s market every Wednesday from 8:30 am - 1:30 pm from May 17, 2022 through May 17, 2024.

The Harbor Area Farmers Market, an agency of the South Coast Interfaith Council, has provided the residents of Huntington Park and neighboring community members with access to organic produce since August 2003. Their services have embraced Huntington Park’s commitment to creating opportunities for the community to access healthier food options.

FISCAL IMPACT/FINANCING
If approved, the agreement will require the Harbor Area Farmers Market to pay to the City an amount equal to 1% of total income or $75 per operating day, whichever total amount is greater. On average, the farmers’ market will pay the city $3,900 per year.

CONSIDERATION AND APPROVAL FOR RENEWAL OF LICENSE AGREEMENT

WITH HARBOR AREA FARMERS MARKETS FOR USAGE OF SALT LAKE PARK FROM 2022 - 2024
May 17, 2022

Page 2 of 2 ends

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CYNTHIA NORZAGARAY
Director of Parks and Recreation

ATTACHMENT(S)
A. License Agreement to use Salt Lake Park
B. Harbor Area Farmer’s Market Insurance
C. Huntington Park Business License

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/1/2022
Arthur J. Gallagher & Co.

Insurance Brokers of CA., Inc.
505 N Brand Blvd, Suite 600
Glendale CA 91203
Danielle Donohue 818.539.8605 818.539.8705 [email protected] License#: 0726293 NOVA Casualty Company 42552 SOUTCOA-14 South Coast Interfaith Council
759 Linden Avenue
Long Beach, CA 90813-4501
1508410377
A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X
Y CF1-ML-10000435-05 2/1/2022 2/1/2023
2,000,000
A 1,000,000 X X
CF1-ML-10000435-05 2/1/2022 2/1/2023
The City of Huntington Park, its officers, officials, employees, and volunteers are named additional insured with respect to the operations of the named insured.

City of Huntington Park
6550 MILES AVENUE
HUNTINGTON PARK CA 90255

INSURED
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1

ADDITIONAL INSURED -- DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II ---- Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing
operations; or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III --- Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CF1-ML-10000435-05
Name Of Additional Insured Person(s) Or Organization(s):

The City of Huntington Park, its officers, officials, employees, and volunteers

Item 7

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
May 17, 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 AWARDING TREEPEOPLE A PROFESSIONAL

SERVICES AGREEMENT TO MANAGE AND OVERSEE THE URBAN FORESTRY

GRANT AWARDED TO THE CITY FROM THE STATE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Award TreePeople the professional services agreement to manage and oversee the Urban Forestry Grant awarded from the Department of Forestry and Fire Protection to inventory the City’s urban forest;

2. Accept grant funding for the Urban Forestry Grant Revenue into revenue Account Number 111-0000-335.55-00;

3. Appropriate $265,230 from Account Number 111-8091-434.56-41 (grant reimbursable) and appropriate $29,359 from Account Number 111-8091-434.56- 41 (City Local Match) Contractual Services – Forestry Grant for a total not-toexceed fee of $294,589;

4. Allocate $18,750 of staff time as the City’s local matching funds for community services support, communication, grant development, project organizing and outreach to city residents;

5. Authorize staff to solicit proposals for the creation of a tree inventory for a not-toexceed fee of $40,000 payable from Account Number 111-8091-434.56-41 (grant reimbursable);

6. Authorize staff to solicit technical expertise from a professional tree arborist for a not-to-exceed amount of $2,500 payable from Account Number 111-8091- 431.56-41 (grant reimbursable); and

7. Authorize the City Manager to sign all documents related to this program.

CONSIDERATION AND APPROVAL AWARDING TREEPEOPLE A PROFESSIONAL

SERVICES AGREEMENT TO MANAGE AND OVERSEE THE URBAN FORESTRY

GRANT AWARDED TO THE CITY FROM THE STATE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION
May 17, 2022

Page 2 of 4 ends

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
At the November 2, 2021 City Council meeting, staff requested authorization to submit an urban forestry funding application under the California Department of Forestry and Fire Protection's Urban Forestry Program (CalFire). The Urban Forestry Act (PRC 4799.06 - 4799.12) and the Urban & Community Forestry Program (UCF) work to expand and improve the management of trees and related landscape in communities throughout California. The mission of the CalFire is to lead the effort to advance the development of sustainable urban and community forests in California.

On July 14, 2021, TreePeople submitted a proposal to CalFire to oversee and manage the grant to inventory the City’s trees that are located in the public right-of-way. The grants conditions of approval required a collaborative network with a non-profit organization, of which TreePeople qualified. Tree inventories are intended to provide the basic information on the City’s tree population and provides the guidelines to protect and take proper accounting of the City’s urban forest. Inventories can supply information on plant quantities, location, condition and size and maintenance requirements. Based on this information, sustainable management plans and rational budgets can be developed for the property's care.

On October 4, 2021, the City received an invitation from CalFire to submit an Urban Forestry Grant Application for the project titled City of Huntington Park Urban Forest Management Project in the Urban Forest Management Activities category (Project Tracking Number is 21-UF-MGMT-011).

On February 3, 2022, staff received notification that the City was the recipient of this grant and the agreement was executed on April 8, 2022 (Attachment 1).

City currently does not have a mechanism in place to process TreePeople’s invoices.

Staff reached out to TreePeople and requested a cost proposal based on the grant specifications. Staff recommends authorizing the City Manager to execute TreePeople’s professional services agreement and allowing staff to solicit proposals from the remaining phases of the program.

LEGAL REQUIREMENT
CalFire shall review it for conformance with the California Urban Forestry Act of 1978 (Public Resource Code 4799.06 to 4799.12), The California Code of Regulations (Title 14, Division 1.5, Chapter 9.7), and this Procedural Guide.

Project Performance Period is from April 8, 2022 through March 30, 2025. Under the terms and conditions of this Grant Agreement, the City agrees to complete the project as described in the project description, and the State of California, acting through the CalFire, agrees to fund the project up to the total state grant amount of $307,730. The

CONSIDERATION AND APPROVAL AWARDING TREEPEOPLE A PROFESSIONAL

SERVICES AGREEMENT TO MANAGE AND OVERSEE THE URBAN FORESTRY

GRANT AWARDED TO THE CITY FROM THE STATE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION
May 17, 2022

Page 3 of 4 ends

City plans to create an Urban Forest Management Project by conducting a tree inventory data collection on 8,000 sites and canopy cover assessments. TreePeople will conduct the tree inventory and provide an educational outreach component and host events. TreePeople will plant 300 trees throughout the City.

The City Clerk’s Office shall publish the Request for Proposal (RFP) for the Tree Inventory announcement in the local newspaper of general circulation, the City’s website and other forms of electronic media. The RFP shall describe the project and provides the tasks required from the qualified firms to generate the tree inventory. The time and location to submit proposals shall also be placed within the published RFP.

The RFP shall be published for a minimum period of twenty-one (21) calendar days.

Once proposals are submitted, reviewed and scored, staff will come back to the City Council with a recommendation to award.

FISCAL IMPACT/FINANCING
The CalFire grant award amount is for $307,730 and includes an additional $48,109 (local City match) for a project total of $355,839, Matching requirements use a combination of General Fund monies and in-kind activities, services and materials related to the project. TreePeople will be paid $265,230 (State reimbursable charge) and $29,359 (local City match). The creation of the tree inventory for the not-to-exceed amount of $40,000 will be paid from the same account (State reimbursable charge), as well as the use of a professional arborist for the not-to-exceed amount of $2,500 (State reimbursable charge).

CONCLUSION
Upon City Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

CONSIDERATION AND APPROVAL AWARDING TREEPEOPLE A PROFESSIONAL

SERVICES AGREEMENT TO MANAGE AND OVERSEE THE URBAN FORESTRY

GRANT AWARDED TO THE CITY FROM THE STATE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION
May 17, 2022

Page 4 of 4 ends

ATTACHMENT(S)

1. CalFire Grant Agreement No. 8GA21428 - Urban Forest Management Project

2. TreePeople PSA
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
April 1, 2022
Cesar Roldan
City of Huntington Park
6550 Miles Ave.

Huntington Park, CA 90255
8GA21428; City of Huntington Park, “City of Huntington Park Urban Forest Management Project” This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.

Please contact Henry Herrera at 213-200-7115 if you have questions concerning services to be performed.

1. 2.

Full grant agreement including terms and conditions, project grant application form, scope of work, budget, map, and other exhibits enclosed. Please sign, scan, and return the agreement to Kevin Haran at [email protected] no later than April 15, 2022.

Alternatively, you may opt to print (single sided), sign in blue ink, and return the agreement with original signature to:

CAL FIRE
Attn: Grants Management Unit/UCF Grants
P.O. Box 944246
Sacramento, CA 94244-2460
In order to expedite your agreement, a scanned/electronic signature copy of the agreement is preferred.

Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager.

Thank you,
Kevin Haran
Grants Analyst
Grants Management Unit
CC: Larissa Frees
Walter Passmore
Henry Herrera
Colin Highlands
Enclosures
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 4/8/2022
4/13/2022
GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 1 TERMS AND CONDITIONS OF GRANT AGREEMENT
I. RECITALS

1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and City of Huntington Park, hereinafter referred to as “GRANTEE”.

2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed three hundred seven thousand seven hundred thirty dollars and ($307,730.00).

3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. California Department of Forestry and Fire Protection 2021/2022 Urban and Community Forestry Program Grant Guidelines
b. California Air Resources Board Greenhouse Gas Quantification Methodology for the Department of Forestry and Fire Protection (CAL FIRE) Urban and Community Forestry Program
c. The submitted Application, Scope of Work, Budget Detail, GHG Emissions Reduction Methodology and Exhibits
II. SPECIAL PROVISIONS

1. Recipients of GRANT FUNDS pursuant to California Public Resources Code Section 4799.06-4799.12 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement.

2. As precedent to the State’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.

3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 2 III. GENERAL PROVISIONS

1. Definitions
a. The term “Agreement” means grant agreement number 8GA21428. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement.
c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS.
d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement.
e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE).
f. The term “Project” means the development or other activity described in the “Project Scope of Work”.
g. The term “Project Budget Detail” as used herein defines the approved budget plan.
h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks.

2. Project Representatives
The project representatives during the term of the agreement will be:

STATE: CAL FIRE GRANTEE: City of Huntington Park
Section/Unit: Urban and Community
Forestry
Section/Unit: N/A
Attention: Henry Herrera Attention: Cesar Roldan
Mailing Address:
23300 Castle Street
Riverside, CA 92518
Mailing Address:
6550 Miles Ave.

Huntington Park, CA 90255
Phone Number: 213-200-7115 Phone Number: (323) 584-6320 Email Address:
[email protected]
Email Address: [email protected]
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 3 Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement.

3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE.
c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but in no event less than 90 days from the Agreement expiration date and in no event less than 60 days before the effective date of the amendment. Approval of amendment is at the STATE’s discretion.
d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the date the last party signs the Agreement. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 4 marking property or project boundaries, contacting and signing up landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. No person who, as an officer, employee, or agent of the state participated in the preparation or creation of or determination to award this Grant Agreement shall serve as an agent or employee of GRANTEE including but not limited to those acts prohibited by Government Code Sections 1090, and 87100.

4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE.

GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto, as Final Project Budget, and made a part of this Agreement.
c. Equipment purchased using GRANT FUNDS, wholly or in part, must be used by the GRANTEE for the project which it was acquired. STATE retains a vested interest in the equipment for the useful life of the equipment, even after completion of the grant. GRANTEE shall provide written disposition of the equipment upon completion of the grant and upon any changes to the disposition of the equipment. Such disposition must be approved in advance by STATE. Equipment purchased using GRANT FUNDS cannot be used as collateral, financed, or sold without prior written approval from the STATE.
d. GRANTEE shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, expenditures for the current DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 5 invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), appropriate supporting documentation, project progress reports, and the signature of an authorized representative of GRANTEE as detailed in the Invoice Guidelines of the California Department of Forestry and Fire Protection 2021/2022 Urban and Community Forestry Program Grant Guidelines. e. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. f. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Project Budget Detail approved by the STATE. The dollar amount of an item in the Project Budget Detail may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from another item or items, without approval by the STATE; however, GRANTEE shall notify the STATE in writing in project progress reports when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget item must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS.
g. GRANTEE shall promptly submit any and all records at the time and in the form as the STATE may request.
h. GRANTEE shall submit each invoice for payment electronically to the CAL FIRE Representative identified in Item 2. Hard copy submissions will not be accepted.
i. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment from the grant awarded to the GRANTEE if GRANTEE is a nonprofit organization that is located in or providing service to disadvantaged or low-income communities. Advance payment made by the STATE shall be subject to the circumstance and provisions below.

Where hardship circumstances exist for the GRANTEE, the STATE will consider authorizing advance payments. The STATE will consider the following factors in determining whether a hardship situation exists:
• Modest reserves and potential cash flow problems of the GRANTEE including the need for advance funding in order to initiate a project. A justification for advance payment may include DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 6 items such as the inability to pay for staff, supplies, administration expenses, and to secure contractors for Project work.

The following guidelines will be applied to advance payments:
• Multiple advance payments may be made to a GRANTEE over the life of a project.
• No single advance payment shall exceed 25% of the total grant amount and must be spent on eligible costs within six months of the advance payment request. GRANTEE may request additional time to spend advance funds but must be approved in writing by the STATE. The balance of unspent advance payment funds not liquidated within the six month spending period will be billed for the return of the advanced funds to the STATE. The amount will be returned to the grant balance.
• A request for advance payment must include the same level of expenditure detail and justification as a regular invoice. • All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE’s satisfaction before another advance payment will be made.
• Any advance payment received by a GRANTEE and not used for project eligible costs shall be returned to CAL FIRE.
• Advance payments must be deposited into an interest-bearing account. Any interest earned on advance payment funds must be accounted for and reported as program income used toward offsetting the project cost or returned to the STATE.

5. Budget Contingency Clause
a. If STATE funding for any fiscal year is reduced or deleted for purposes of the Urban and Community Forestry Grant Program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project.

6. Project Administration
a. GRANTEE shall provide the STATE a written report showing total final Project expenditures and matching funds upon Project completion or grant expiration, whichever occurs first. GRANTEE must report to the STATE DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 7 all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports as the STATE may request throughout the term of this Agreement.
c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion.

7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date is audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.

8. Research
a. GRANTEE that receives funding, in whole or in part, in the form of a research grant shall provide for free public access to any publication of a peer-reviewed manuscript describing STATE funded knowledge, STATE funded invention, or STATE funded technology shall be subject to the following conditions:

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 8 i. GRANTEE is responsible for ensuring that any publishing or copyright agreements concerning peer-reviewed manuscripts fully comply with this section
ii. GRANTEE shall report to STATE the final disposition of the peerreviewed manuscript, including, but not limited to, if it was published, date of publication, where it was published, and, when the 12-month time period from official date of publication expires, where the peer-reviewed manuscript will be available for open access.
b. For a peer-reviewed manuscript that is accepted for publication pursuant to the terms and conditions of this Agreement, the GRANTEE shall ensure that an electronic version of the peer-reviewed manuscript is available to STATE and on an appropriate publicly accessible repository approved by the state agency, including, but not limited to, the University of California’s eScholarship Repository at the California Digital Library, the California State University’s ScholarWorks at the Systemwide Digital Library, or PubMed Central, to be made publicly available not later than 12 months after the official date of publication. GRANTEE shall make reasonable efforts to comply with this requirement by ensuring that the peer-reviewed manuscript is accessible on an approved publicly accessible repository, including notifying the state agency that the manuscript is available on a state-agency-approved repository. If the grantee is unable to ensure that his or her manuscript is accessible on an approved, publicly accessible repository, the grantee may comply by providing the manuscript to the state agency not later than 12 months after the official date of publication. c. For publications other than those described in (b), including scientific meeting abstracts, GRANTEE shall comply by providing the manuscript to the STATE not later than 12 months after the official date of publication. d. The grant shall not be construed to authorize use of a peer-reviewed manuscript that would constitute an infringement of copyright under the federal copyright law described in Section 101 of Title 17 of the United States Code and following.
e. Use of GRANT FUNDS for publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution are allowable costs but must be within the GRANT FUNDS and item 4 of the agreement.
f. GRANTEE may request a waiver to the publication requirement if GRANTEE has an existing publication requirement that meets or exceeds the requirements of the research provision. Waiver shall include DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 9 information on GRANTEE’s existing requirements. Approval of the waiver is at STATE’s discretion.

9. Project Termination
a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party.
b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be responsible for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE.
d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE.

At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement.

10. Hold Harmless
a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 10 b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement.
c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement.

11. Tort Claims
FEDERAL:

The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement.

STATE:

The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement.

12. Nondiscrimination
The State of California prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases.

13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any conflicting personal and/or financial interests in carrying out the duties of the Agreement.

14. Incorporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 GRANT NUMBER 8GA21428
City of Huntington Park
City of Huntington Park Urban Forest Management Project 11 Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

15. Severability
If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

16. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

17. Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 2021 /2022 Urban & Community Forestry Grants: Project Application Form Fill out this form completely. Please note your Project Tracking Number and see the submittal instructions in your project application invitation letter. Failure to follow the instructions may disqualify a project application.

CAL FIRE Project Tracking Number: j 21-UF-MGMT-011
Name of Organization joty of Huntington Park
Project Title joty of Huntington Park Urban Forest Management Project Project Type I urban Forest Managment Activities
Requested Grant sj $307,730.00 I Matchings i $48,109.00 I Total Project sj $355,839.00 ~ Ex=p~la: n:at:;:io=n~====::::'.__ ____ ....::::==============:::::'.

Primary Source of I . Tectmical Advice ISA Certified Arborist (if required) Professional's First Name!Bryan Professional's Last NamejRekart

1. ~pplicant information - El igible applicants include cities, counties, qualifying districts, or nonprofit organizations qualified under section 501 (c)(3) of the Internal Revenue Code.

Type of Organization City
1A. Primary Project Contact information
First Name lcesar Last Name jRoldan
Email [email protected]
Address 1 6550 Miles Avenue, Huntington Park, CA 90255
Address 2
City !Huntington Park
, Phone Numberj
County jLos Angeles
State jcalifornia Zip Code 190255

18. Secondary Project Contact information
First Name lsteve Last Name
Email [email protected]
Address 1 6550 Miles Avenue, Huntington Park, CA 90255
Address 2
City jHuntington Park
!Forster
Phone Numberj
County !Los Angeles
State lcalifornia Zip Code 190255
(323) 584-6320
(323) 582-6161
1 C. Correspondence Details: List any information needed for project contacts, invoicing, etc.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435

2. Partner information - List primary project partners or co-sponsors. Applicants must provide a letter of commitment from each partner organization that affirms their role in the project. 2A. Name of Organization 1 lrreePeople
First Name !Daniel Last Name lser~er
Partner Contact Title Im rector of Forestry and Urban Greening Email [email protected] I Phone Number I
Comments
2B. Name of Organization 2
First Name
Partner Contact Title
Email
Comments
Last Name
Phone Number
(917) 602-2445
2C • .Additional Partners: list additional partner organizations with contact person, email address, and phone number.

The City will seek partnerships with local community organizations and schools to gather management plan feedback, support tree planting and care opportunities, and share the importance of a healthy urban forest.

3. Start of Grant Period: provide the estimated start of the grant project. The grant period will end on March 30, 2025. Final billing must be received within 30 days after the completion date.

Planned Project Start Date jJul 1, 2022
4A. AB 1550 - Disadvantaged and Low Income Communities. Check the boxes for AB 1550 criteria that the project will meet. At least one box in each step must be checked to qualify. Visit https://ww2.arb.ca.gov/resources/documents/cciguantification-benefits-and-reporting-materials to find the criteria tables for this grant program.

Step 1, Priority Populations: IX meets "1A"
Step 2, Address Needs: IX meets "2A"
Step 3, Provide Benefits: IX meets "3A"
Provide any necessary discussion:

IX meets "1 B"
IX meets "2B"
IX meets "3B"
IX meets "1 C" IX meets "1 D"
IX meets "2C" IX meets "2D"
IX, meets "3C" IX meets "3D" IX meets "3E"
Through management activities and urban forest expansion in a greatly underserved community, this project meets all criteria. 4B. Census tracts: list census tracts for the project that will meet AB 1550 criteria from the Grant Guidelines. Census tracts should be listed using the 10 digit number found for each tract on the map(s) at https://www.arb.ca.gov/cc/capandtrade/ auctionproceeds/communityinvestments.htm
Both Low Income (AB 1550) and Disadvantaged (Ca1Enviro5creen): 6037536000 6037534502 6037534501 6037533203 6037533202 6037533201 6037533501 6037532500 6037533105 6037533106 6037533107 6037533104 6037533103 6037533002 6037532700 6037S32603 6037532604 6037532606
low Income adjacent (1/2 mile) to Disadvantaged: 6037535701 DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 S. GHG Methodology: Fill in the GHG calculated amounts below if applicable. Describe the assumptions used to quantify GHG reductions using the ARB Quantification Methodology as required in the grant guidelines and found at: https://www.arb.ca.gov/ cc/capandtrade/audionproceeds/quantification.htm. You are required to attach proof that the ARB specified quantification methodology was followed whgen claiming GHG reductions.

SA. Estimated carbon stored (MT C02e) j1,08s
SB. Estimated avoided emissions (MT C02e) j227
SC. Estimated project emissions (MT C02e) j66
SD Net GHG benefit (MT C02e). (SA + SB) - SC= 11,246
We followed the CARB Methodology for the CAL FIRE Urban and Community Forestry: Tree Planting using i-Tree Planting.

The V;ilues in SA-SD are from the GHG Summary table after inputting i-Tree Planting Results into the CAL FIRE provided spreadsheet.

GHG calculations were done for 300 trees that will be planted in the City of Huntington Park. We followed the California Air Resources Board Quantification Methodology for the Department of Forestry & Fire Protection (CAL FIRE) Urban and Community Forestry Program.

We used the methodology for project type: Tree Planting using i-Tree Planting.

The i-Tree Planting Tool was used to quantify benefits with the following assumptions:

Location: City of Huntington Park
Electricity Emission Factor: 227.9 kg
Fuel Emission Factor: 53.1 kg
Years of Project: 38
Tree Mortality: 0
15 DBH - DBH of a 15 gallon size tree.

Distance to Nearest Building(?) in feet: 20-39 as it is assumed these trees will be a mix of street and park locations.

Trees are Northeast of buildings as an average. Final locations are TBD.

Vintage: Built 1950-1980 due to urban development in the area.

Climate Controls: Heat & NC
Condition: Excellent
Exposure to Sunlight: Full Sun
During the grant period, GHG quantification will be representative of the exact tree planting location.

As the project manager, TreePeople will conduct GHG tracking and reporting. TreePeople is experienced in conducting tree benefit quantification for various grant projects utilizting i-Tree. Furthermore, as the project manager that oversees tree planting, TreePeople will already be recording all tree plantings. This will ensure continuity between fieldwork and project reporting. TreePeople will conduct I GHG and MDCA reporting on a quarterly basis, assuming trees were planted during a given quarter. TreePeople will use i-Tree Planting to quantify GHG benefits. 1
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435

6. Narrative. In the sections below, please follow the prompts and provide all relevant information for the project. 6A. Background. Describe the situation in the project area(s) and problems in the project area(s) that need attention.

The City of Huntington Park is slightly greater than 3 square miles and home to over 61,000 people. Huntington Park is located in the Gateway Cities district of southeastern Los Angeles County, California. The community is located adjacent to and partially within one of , the most industrial centers in California. As of the 201 O census, the city had a total population made up of 97% Hispanic/Latinx people and about half the population was born outside the U.S. 1 The city is burdened by a number of environmental hazards that put community members' health at risk. All but one of the City's census tracts is categorized as both a Low-Income Community (AB 1550) and Disadvantaged Community (CalEnviroScreen). This is mostly due to the high exposures to particulate matter, local toxic/hazardous releases, poor water quality, and hazardous waste processing in the area.

The environmental hazards in the community are exacerbated by the lack of green space, which contributes to extreme heat, thereby posing an additional health hazard. Recent UDAR shows that the community has some of the lowest urban canopy cover in the state, coming in at approximately 9%. Additionally, the community ranked 'very high' in a comprehensive Los Angeles County park need assessment. In the recently published Los Angeles County Climate Vulnerability Assessment, Huntington Park was identified as a lowincome community that is expected to become more vulnerable to extreme heat by mid-century. The community is in great need of green infrastructure.

In recent years, the City has made efforts to address the environmental injustices they face. Through a grant from CAL FIRE, the City and TreePeople have planted over 1,334 street trees and with additional funding, distributed 500 fruit trees to residents over the past several years. These successful efforts to plant and maintain trees have been well received by the community as demonstrated by tree adoption rates and local volunteerism.

Yet, the Gty needs further investment to strategically plan for and maintain a thriving urban forest. The city does not have an active tree inventory which limits public managers from having a holistic understanding of the challenges and opportunities that lie within their city's trees. Without a complete inventory and a guiding plan, efforts in urban forest management can become fragmented. Given recent widespread planting efforts funded by CAL FIRE and other public agencies, now is the time to produce an up to date assessment and plan to ensure these investments are successful.

68. Project Objectives - What are the objectives of the proposed project? How do they address the situations and problems identified in the background section?
The objectives of this project are as follows:
- Develop a robust understanding of the state of the City's urban forest in order to produce an Urban Forest Management Plan (UFMP) ' that will improve the immediate and long-term management of the urban forest. The City will conduct a thorough urban forest assessment that includes a canopy assessment, physical tree inventory, and community input to identify the state of the urban forest.

The tree inventory and canopy assessment will be instrumental in steering the recommendations and maintenance plans within the UFMP. Additionally, tree inventory and canopy assessment support the community engagement and feedback component. Both assessments will be summarized to support the community education and engagement process that will contribute to the UFMP recommendations.
-The project will provide the City with a comprehensive, functional UFMP to guide the community and city's urban forest efforts. The Gty will develop and adopt their first ever UFMP. The UFMP will be the City's guiding document to ensure that the benefits of a healthy urban forest are available to the community. A main goal of the UFMP will be to increase citywide canopy cover in order to maximize urbari cooling, stormwater mitigation, air pollution mitigation, and improve beautification. Other city policies that relate to urban forestry will be reviewed and updated to guarantee urban forest management continuity .. - Implement the UFMP during the project term through the planting of 300 trees. After the UFMP is complete, the City will implement a 1 community tree planting program. Tree planting sites and species will be guided by the recently completed UFMP. The planting will be guided through a community-based approach done in partnership with TreePeople. - Support a community education and engagement process. Throughout the UFMP and tree planting processes we will educate the community on this grant's activities, tree care, and urban forest management. We will work with schools, community groups, and local businesses to address community stakeholders. We will host a series of educational workshops, attend city meetings, and host public tree planting events. All of our outreach done at the various events will be used as an opportunity to educate the community on urban forestry.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 6C, Scope of Work- Describe the approach to be used, the design (methods), and implementation of the project. Include who will be involved with specific tasks and justify why the approach, methods and implementation is the most effective way to accomplish the objectives. Include a description of project sign contents and their locations. (continued on next page) The City will partner with TreePeople and a tree care contractor familiar with the City to successfully conduct this project. The project will need minimal preparation as all entities have working relationships, allowing for the timely start of the project. The community will also be heavily involved in the project through education, feedback, and volunteerism.

TreePeople will perform project management, provide coordination, community engagement, develop the Urban Forest Management Plan (UFMP), and lead the subsequent tree planting activities. TreePeople will utilize their experience in urban forestry and the Huntington Park community to ensure the project delivers on its goals. TreePeople will support the City as it navigates through this grant project and institutes long-term improvements to its urban forest.

The City will contract the completion of a citywide tree inventory to a tree care contractor that will complete the inventory according to 1 ISA and CAL FIRE standards for data collection. The tree care contractor will utilize an ISA Certified Arborist to inventory all public trees in the city including streets, medians, parks, right of ways, and public facilities. Inventory collection per tree site will include species, type of site, tree condition, recommendations, height, and diameter at shoulder height. Vacant sites will also be catalogued in an effort to identify suitable tree planting locations. Following its completion, the inventory will be provided to the City in a GIS, web-based platform to ensure functionally as an ongoing management tool.

In addition to an updated inventory, TreePeople will conduct a tree canopy cover assessment of the city. A canopy cover assessment will 1 play an important role to understand current trends in the urban forest and prioritize planting areas. Ther tree canopy cover assessments will provide high level insights that will serve as an educational tool and guide the recommendations of the UFMP.

TreePeople will conduct robust community outreach, education, and surveying by using the results of the tree inventory and canopy assessment. Prior to the project starting, the city will ensure the community is aware through public notices. Following the completion of the inventory and tree canopy mapping, their summarization will provide the public with insights about their community that have never been developed. TreePeople will synthesize this information into public facing material and educational programming that is culturally relevant and meaningful to the public (see other deliverables). These new insights will provide a stronger framework for conducting education around urban forestry, tree benefits, tree care, pathways in urban forestry, and related environmental issues. To ensure robust community outreach and education is conducted, the City and TreePeople will host three community workshops that I provide an educational program on urban forestry in the City of Huntington Park. The workshops will take place at various locations and 1 times to accommodate participation by all residents. We anticipate additional outreach and educational opportunities to take place during other city events, TreePeople events and virtually. Throughout this entire process we will be administering an urban forestry survey to the community. The survey will be used to understand the community's urban forest priorities. The survey will gauge the communities current understanding of trees and urban forestry, and identify their vision for their urban forest. The survey will be prefaced by a summary of the current city inventory and the tree canopy cover assessmeni. Survey results will support the development ' I
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 6C. Scope of Work- Continued from previous page
The inventory data, canopy assessment and community survey will provide the necessary input for the UFMP. After the assessments, the I UFMP development will begin. TreePeople will develop the UFMP with guidance from the City and potentially technical support from a third party arborist. City staff and TreePeople will meet on a monthly to biweekly basis during the creation of the UFMP to ensure alignment with city goals, resources and measures. The management plan will follow ISA and urban forestry best management practices. The UFMP will at minimum include a shared vision for the urban forest, an inventory assessment, quantified urban forest benefits, strategic plans, routine maintenance procedures, a street tree planting plan (recommended tree species), and evaluation tools.

Critical to successful urban forest management, tree maintenance procedures will follow ISA best practices and align with city needs as it relates to tree planting, trimming, removing, treatments and assessment.

Using TreePeople's CAL FIRE funded research on Community-Based Social Marketing, TreePeople will ensure the UFMP is a functional tool for community engagement and education. The guidance included in the UFMP will be based on the community's priorities and understanding of urban forestry. The UFMP will include methods for the City to best engage with the community and provide programmatic materials for the City to use to communicate trees, their urban forest and best practices.

A draft version of the UFMP will be presented to City Council, residents, and stakeholders for review. Following the feedback, TreePeople I will conduct the necessary revisions until it is deemed completed by city officials. Once this process is complete, the City Council will 1 adopt the UFMP. Once the UFMP is approved, the city will review ordinances and policy documents will be reviewed for continuity.

Following the adoption of the UFMP, the City and TreePeople will conduct the planting of 300 street trees. Tree planting locations and species will be guided by the priorities and specifications outlined in the UFMP, which will be heavily informed by community input.

Tree People will utilize its community-based volunteer model to commit residents to water trees and host volunteer tree plantings and care events. This model has been successful in existing tree planting efforts in the city. TreePeople will conduct young tree care to support establishment. Trees planted will be updated in the City's recently completed inventory to ensure they are managed in the long-term. TreePeople will provide three years of tree maintenance post-planting. After this three year period, the City will take over tree care. I
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 6D. Project Time Line- Provide a general project time line. Do not list specific dates or months due to uncertainty in when projects may begin. Plan on projects ending no later than March 30, 2025.

Q1-Q3: Assess the state of the urban forest. This will consist of a citywide inventory update and a canopy assessment.

Q4-QS: Conduct community wide education and survey gathering, consisting of multiple workshops and materials development.

Q6-Q9: Develop UFMP. Council review and public feedback will be extensively integrated into this process.

Q1 O-Q11: Tree planting component implemented and concluded. Tree care to take place beyond, to ensure a three year maintenance period for trees.
""Quarters are numbered based on the beginning of the project. They are not indicative of an annual or fiscal quarter system.** 6E. Tree Information (if applicable) - Provide the following information about any trees or plants to be planted as part of the grant project. Include information even if the trees or plants are not to be funded by CAL FIRE.

Species List - Provide a list of the tree and plant species for this grant project. Include common name, Genus, and species. Include the approximate number of each species to be used. List minimum planting stock size for each species.

Tree numbers and species are subject to change (for similar species size & characteristics) l;>ased on availability and management plan outcomes.
30 #1 S Quercus agrifolia
30 #1 S Pinus canariensis
30 #1 S Lagerstroemia indica
30 #1 S Arbutus 'Marina'
30 #1 S Lophostemon confertus
30 #1 S Parkinsonia 'Desert Museum'
30 #1 S Quercus ilex
30 #1 S Geijera parviflora
30 #1 S Pistacia 'Red Push'
30 #15 Afrocarpus gracilior
Total Project Trees: ,__13_00 __ _, Total CAL. FIRE Funded: ,__13_00 __ _,J 6F. Long Term Tree Care/Maintenance. Describe below what entity will be responsible for long term tree care. A letter of participation should be submitted by this entity if it is different from the applying entity. If it is individuals, detail the commitment process to be used.

The City will be responsible for the long-term maintenance of the tree's planted, following the completion ofTreePeople's establishment care. All trees planted will be inventoried and shared with the City in the appropriate data format so that the information can be incorporated into their inventory system. Thereafter, trees will be incorporated into the City's routine maintenance plans for inspections, trimming and supplemental care.
6G. Other deliverables. List all other project deliverables and quantities to be funded by CAL FIRE, as well as overall project totals. - Summary of Huntington Park's urban forest: TreePeople will synthesize the tree inventory and tree canopy information into public 1 facing material and educational programming that is culturally relevant and meaningful to the public. This information, that has never been produced for the community before, will include points such as the number of trees, top species, areas of improvement, quantified I tree benefits (via iTree-Eco), and next steps now that the assessment has been completed. This information will potentially come in the form of presentations, brochures, flyers, virtual content media, and city resources. - Urbc1n forest survey and its results: As a part of this project, the City and TreePeople will administer a community-wide survey to gather the communities priorities for the urban forest. The survey will help the City better understand the community's current perspectives, understanding, and long-term goals for the urban forest. These results will be crucial for the development of the UFMP and will determine how the City communicates urban forestry to the community.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435

7. Budget Information
7 A. Budget Detail - Provide a specific budget for work to be done. The budget should be based on bid quotes and/or estimates from vendors or on actual costs that will be incurred. The line items listed should be specific enough to adequately describe project expenses. Use the Excel format CAL FIRE has provided for your budget. and follow the guidance in the Grant Guidelines. You should note that applicants, if successful in being awarded a grant, will have to follow this budget and will only have the opportunity for minor budget adjustments. The total grant award amount for the project can not be increased later. 7B. Explanation of Budget and Costs - Describe the basis for the budget amounts listed c1bove. Applicants will be expected to adhere to this budget
A. Salaries and Wages $ 18,750.00 (match)
City ~aff time - Various city staff time for community services support, communication, UFMP development, project organizing and outreach to city residents. $75/hour x 250 hours $ 18,750.00 C. Contractual $291,539.00
Tree care contractor (tree inventory) Creation of tree inventory-field data collection done to inventory GPS locations with attributes $5/ site x 8,000 sites $ 40,000.00
TreePeople - Project management, UFMP development, tree planting labor & volunteer coordination, scheduling events, coordinating volunteers, grant reporting, GHG calculations, setting up community meetings, etc. $ 220,680.00 Professional arborist services - Technical arborist support and review of UFMP lump sum $ 2,500.00 Volunteer time - volunteer and public feedbc1ck on master plan, workshop attendance, arbor day tree planting events, etc. $31 .51 /hour x 900 hours $ 28,359.00
E. Supplies $ 26,200.00
Trees 300 #15 trees@ $55/tree $ 16,500.00
Replai:ement Trees 30 #15 trees@ $55/tree $ 1,650.00
Tree Stakes Establishment supplies 600@ $7.50/tree $ 4,500.00 Tree Ties Establishment supplies 1200 @ $ 1 .25/tie $ 1,500.00 Arbor Guards Establishment supplies 300@ $3.50/guard $ 1,050.00 Volunteer Supplies Shovels, buckets, and other volunteer supplies $ 1,000.00 G. Outreach/Education $ 4,350.00
Educational and outreach material - Promote community engagement and education $ 3,750.00 Project Signage Project Signage 2 @ $300 each $ 600.00
H. Other $ 15,000.00
TreePeople Enhanced maintenance funds (after the project period) $ 15,000.00 The City respectfully requests that the 25% match requirement be waived given the communities DAC and UC status. Nevertheless, the City and community will still provide match to demonstrate its commitment to this project.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 7C. Matching Funds - List other non-GGRF funding sources, that will meet grant matching requirements.

Source 1 !city of Huntington Park Amount I s,s,1so.oo
. . Various city staff time for community engagement support, communication, UFMP development, Description . . . d h ·ty "d t proJect organizing an outreac to c1 res1 en s.

Source 2 jvolunteerism 1 Amount I s2s,3s9.oo
.------------------------------------ . . Volunteer and public feedback community member hours spent on master plan, tree planting Description events and tree care events.

Source 3 jvolunteer Supplies {TreePeople)
Description Shovels, buckets, and other volunteer supplies.

Source4
Description
Matching
funds
comments
Amount 1 s,,000.00
Amount

8. Project Co-Benefits - What co-benefits will the project have? Check the boxes below for the applicable co-benefits, then describe and/or quantify them. Describe how the project will achieve the co-benefits. l5{j Stormwater reduction igl lmproved public health Ix, Jobs created (use ARB tool) IXI Improved water quality
IX Improved air quality
IX Energy savings
1 Biomass diverted from landfill
n Enhanced active transportation
g, Repuced vehicle miles travelled
1 Vacant lot(s) acquired
IX Improved urban forest management
IXI Job training conducted
IX] Community outreach conducted
lxl Education tools/media produced
1 Other co-benefits
Quantified co-benefits related to stormwater reduction, air quality, and energy use will result from the trees planted. Preliminary estimjltes indicate the following quantifiable co-benefits:

PM2.5 emission reductions (lb) 94.77
NOx emission reductions (lb) 1,929.86
ROG emission reductions (lb) 27.85
Total Water Savings (gallons) 7,332, 194
Energy Use Reductions (kWh) 424,557
Energy Use Reductions (therms) 23,726
Additionally, there are numerous qualitative co-benefits as follows -The tree plantings will contribute to reducing the ambient outdoor temperature during high heat months in the community.

Huntington Park temperatures can push into triple digits routinely during summer months, creating additional health hazards for residents, especially the elderly and those without indoor climate control. As a community that faces some of the worst air pollution, mitigating extreme heat will complement the particulate reductions achieved from these plantings and support the State's proposed Extreme Heat Framework.

DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435

8. Project Co-Benefits - continued from previous page.
-Promote active transportation through strategic canopy expansion, which is unintentionally discouraged due to low canopy cover and limited related green infrastructure.
-Per the CARB Jobs tool calculator, this project will support 4 full-time individuals and induce 2 full time positions. These figures don't include the workforce opportunities that may be implicitly supported throughout the grant period through the use of additional vendors and potential community volunteers. The prudent implementation of proper short-term and long-term urban forest management will further create employment opportunities. -The development and use of a tree inventory will greatly support the management of the city's urban forest. The city will better understand the health of their urban forest and be able to conduct better planning, budgeting, and maintenance. Improved urban forest management through the City's adoption of a formal plan and explicit guidelines will drive the long-term care of their urban forest.
-Educational materials will be created and educational events will be held during the management plan process and subsequent tree planting activities, further detailed in Other Deliverables above. -City staff will be trained on urban forest management planning in accordance with industry standards with the goal to obtain relevant certifications.

9. Certifications & Forms- The following certifications must be filled out and signed by the appropriate person. 9A. Certification of Party Responsible For Establishment Care I, r---------------------------------~ Appropriate representative /Cindy Montanez LC.:....:.'-;========================:!_ ·ty h h Appropriate agencyjTreePeople I certI t att e . . will provide or be responsible for 100% of the maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A-300 tree care standards, the accompanying ISA Best Management Practices and the standards outlined in the grant agreement and/or grant attachments with the California Department of Forestry and Fire Protection.

Signature Date! 12/9/2021
Title !chief Executive Officer
--------- Phone Numberl626 617 5471
9B. Statement of Compliance With All Applicable Laws (all projects must fill out and sign) I, Appropriate representative! LR_ia_r_d_o_R_e.:..y_es _____________________________ __J certify that the Appropriate agencyLlc_ity..:._o_f_H_u_n_ti_n..::ge-.to_n_Pa_r_k ________________________ -1 will abide by all applicable feder l, state, and local laws, ordinances, regulations and policies in carrying out this State bond-funded project. Failure to do so will le, to cancellation of the grant award.

Signature c::.: __..-- \ \ """:::> ::::, Date 12/9/2021 Title \city Manager ..___ Phone Numberl323-582-6161 I
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 9C. Checklist of Necessary Forms To Be Completed. Some may not be applicable to your project.

Ix CAL FIRE Urban Forestry Program Environmental Checklist Ix State of California Non-Discrimination Compliance (Std. 19) 1 Proof of AB 1550 community designation documentation. Ix State of California Drug-Free Workplace Certification {Std. 21) Ix Representative project area maps with AB 1550 information Ix State of California Payee Data Record (Std. 204) Ix Governing Body Resolution {must follow sample format) Ix Signed letters of participation from listed partners Ix Documentation of support (AB 1550 Step 2C) Ix Project sign schematic Ix 5-10 representative site photos Ix Proof that ARB quantification methodology was followed Ix Urban and Community Forestry Project Budget Ix Jobs information using ARB methodology (if applicable) List other
attachments:
1 Other:

SIGNATURE: The authorized primary project contact for the applying organization must sign below. This must be the person, or person holding the position, that is mentioned in the required governing body resolution, and the same person or position signing all of the other required forms. The signature indicates that, to the best of the signer's knowledge, all of the information provided in this application and all attached required forms and documents are true, accurate, and correct. The signer also acknowledges reading and understanding the CAL FIRE Urban and Community Forestry Grant Guidelines for 2021 /2022. s;gnatu,e
Printed Name jRicardo Reyes " . "'"
Title jCity Manager Date 12/2/2021
Thank you for submitting your application as directed in the invitation letter.

CAL FIRE Urban & Community Forestry Program
DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 Greenhouse Gas Reduction Fund - Urban and Community Forestry Program Budget Proposal GRANTEE NAME Budget Item Description Cost Basis CAL FIRE Grant Match Total A. Salaries and Wages $ - $ 47,109.00 $ 47,109.00
City staff time
Various city staff time for community services support, communication, UFMP development, project organizing and outreach to city residents. $75/hour x 250 hours $ 18,750.00 $ 18,750.00 Volunteer time volunteer and public feedback on master plan, workshop $31.51/hour x 900 hours $ 28,359.00 $ 28,359.00 $ -
$ -
B. Employee Benefits $ - $ - $ -
$ -
$ -
$ -
$ -
C. Contractual $ 263,180.00 $ - $ 263,180.00
Tree care contractor (tree inventory)
Creation of tree inventory - field data collection done to inventory GPS locations with attributes $5/site x 8,000 sites $ 40,000.00 $ 40,000.00 TreePeople
project management, UFMP development, tree planting labor & volunteer coordination, scheduling events, coordinating volunteers, grant reporting, GHG calcs, setting up community meetings, etc. (see table) $ 220,680.00 $ 220,680.00
Professional arborist services Technical arborist support and review of UFMP lump sum $ 2,500.00 $ 2,500.00 $ -
D. Travel $ - $ - $ -
$ -
$ -
$ -
E. Supplies $ 25,200.00 $ 1,000.00 $ 26,200.00
Trees Trees 300 #15 trees @ $55/tree 16,500.00 $ 16,500.00 Replacement Trees Replacement Trees 30 #15 trees @ $55/tree 1,650.00 $ 1,650.00 Tree Stakes Establishment supplies 600 @ $7.50/tree 4,500.00 $ 4,500.00 Tree Ties Establishment supplies 1200 @ $1.25/tie 1,500.00 $ 1,500.00 Arbor Guards Establishment supplies 300 @ $3.50/guard 1,050.00 $ 1,050.00 Volunteer Supplies Shovels, buckets, and other volunteer supplies $ 1,000.00 $ 1,000.00 F. Equipment $ - $ - $ -
G. Outreach/Education $ 4,350.00 $ 4,350.00
Educational and outreach materials Promote community engagement and education various materials $ 3,750.00 $ 3,750.00 Project Signage Project Signage 2 @ $300 each 600.00 $ 600.00 $ -
H. Other $ 15,000.00 $ - $ 15,000.00
TreePeople Enhanced maintenance funds (after the project period) $ 15,000.00 $ 15,000.00 $ -
$ -
$ -
TOTAL DIRECT COSTS $ 307,730.00 $ 48,109.00 $ 355,839.00 INDIRECT COSTS 0 $ - $ -
TOTAL PROJECT COSTS $ 307,730.00 $ 48,109.00 $ 355,839.00 LESS Program Income $ - $ -
TOTAL GRANT PROPOSED COSTS $ 307,730.00 $ 48,109.00 $ 355,839.00 86.48% 13.52% 100.00% CAL FIRE Urban & Community Forestry Project Application City of Huntington Park DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 Greenhouse Gas Reduction Fund - Urban and Community Forestry Program Budget Proposal GRANTEE NAME TreePeople Contractual Costs Description Rate Hours Total Regional Manager tree planting component implementation $42.00 780 $32,760.00 Regional Coordinator tree planting component implementation $32.00 780 $24,960.00 Urban Forester(s) tree planting component implementation $28.00 780 $21,840.00 Urban Forester(s) tree care establishment $28.00 1228 $34,384.00 Director Forestry project oversight and coordination $70.00 40 $2,800.00 Community Organizer community outreach and engagement $28.00 750 $21,000.00 Project Manager UFMP development and coordination $35.00 580 $20,300.00 Policy and Research Associate UFMP development and coordination $35.00 345 $12,075.00 Principal Scientist UFMP development and coordination $50.00 60 $3,000.00 Contract Compliance Financial reporting and invoicing $35.00 60 $2,100.00 Senior Manager of Community
Organizing community outreach and engagement $42.00 120 $5,040.00 Director Community & Education project oversight and coordination $60.00 40 $2,400.00 Graphic Designer material development and design $35.00 75 $2,625.00 Mileage
Travel for events, community meetings, and other
project activities 500 miles x $0.575/mile $287.00
Supplies Laptop and Warranty 1 @ $1,525 each $1,525.00
Flatbed Truck (Caltrans Code 12- planting 120 hours x $36.92/hour $4,430.00 Truck Rental (Caltrans Equipment
Code 06-12) care 624 hours $28.46/hour $17,759.00
Volunteer event supplies Shovels, watering buckets, canopy $900.00 overhead 5% $10,495.00
$220,680.00
*Personnel rates include employee benefits at approximately 20% DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435 CalEnviroScreen 3.0 Results (June 2018 Update) - Huntington Park County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA
High Pollution, Low Population
CalEnviroScreen 3.0 Results (June 2018 Update)
51 - 60%
61 - 70%
71 - 80%
81 - 90%
91 - 100% (Highest Scores)
11/9/2021, 11:12:44 AM
0 0.38 0.75 1.5 mi
0 0.5 1 2 km
1:36,112
Web AppBuilder for ArcGIS
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA | OEHHA | DocuSign Envelope ID: BC0D9B63-5D55-4A7D-A355-45DF3E9FC435

PROFESSIONAL SERVICES AGREEMENT

MANAGE AND OVERSEE THE URBAN FORESTRY GRANT AWARDED TO THE CITY FROM THE

STATE DEPARTMENT OF FORESTRY AND FIRE PROTECTION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 17th day of May 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and TreePeople (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.

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 Exhibit “A” (hereinafter referred to as the “Scope of Services”).

CONSULTANT further agrees to furnish to CITY all labor, 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 commence on May 17, 2022 to March 30, 2025. The continuous success of the project timeline is predicated on being active and in good standing with CalFire’s terms and conditions found in agreement No. 8GA21428. CONSULTANT’S responsibility to request any extensions from CalFire in conjunction with the approval from the City Manager’s Office in advance of the expiration of term of the CalFire Agreement No. 8GA21428. 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. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services Exhibit “A”.

B. Section 1.3(A) notwithstanding, CONSULTANT’S compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $294,589 (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 CONSULTANT’S charges are projected to exceed the Not-to-Exceed Fiscal Year Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Fiscal Year 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, CONSULTANT 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 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 notify CONSULTANT 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 CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT 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 CONSULTANT.

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 materials, 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.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Director of Public Works (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. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE AND CONTACT INFORMATION:

CONSULTANT hereby designates David Pineda 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 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 CONSULTANT Representative shall constitute notice to CONSULTANT.

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 to the highest standards of CONSULTANT’S profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
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. All of CONSULTANT’S employees and agents (including but not limited SUBCONSULTANT) 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 the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’S employees, agents, and SUB-CONSULTANT. Such effort by CONSULTANT 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 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 to the highest 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 any of CONSULTANT’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.

2.6 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, or SUB-CONSULTANT 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, or SUBCONSULTANT fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONSULTANT 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.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, CONSULTANT, 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 CONSULTANT and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONSULTANT and SUBCONSULTANT. 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 CONSULTANT or otherwise, unless such authority is expressly conferred to CONSULTANT 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, CONSULTANT will procure and maintain policies 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 CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONSULTANT dual 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). Such 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: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL 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 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: VII. 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 CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT 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.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT officers, employees, agents, CONSULTANT or SUBCONSULTANT from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 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 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 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 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. 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 To the fullest extent permitted by law, CONSULTANT 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 CONSULTANT’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 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 (ii) comply with applicable workers’ compensation laws.

4.4 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.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONSULTANT 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 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 CONSULTANT’S, SUB-CONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT 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 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.

4.7 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: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar day’s prior written notice of CITY’S intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT 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 CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT 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; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure 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 and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT 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 for any failure of CONSULTANT to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’S employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT 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 fourteen (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, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT 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 CONSULTANT 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 CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’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; (iii) CONSULTANT’S and/or its employees’ disregard 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 CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’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 may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of 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 CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’S Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’S performance under this Agreement pending CONSULTANT’S cure of any Event of Default by giving CONSULTANT written notice of CITY’S intent to suspend CONSULTANT’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, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT 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 CONSULTANT, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, CITY may extend the time of performance;
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.

CONSULTANT 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, CONSULTANT’S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT 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 CONSULTANT 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.

CONSULTANT shall require all SUB-CONSULTANTS working on behalf of CONSULTANT 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 CONSULTANT as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT 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.

CONSULTANT 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: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT 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:

CONSULTANT: CITY:

TreePeople City of Huntington Park
12601 Mulholland Drive Public Works Department
Beverly Hills, CA 90210 6550 Miles Avenue
Attn: Cindy Montañez Huntington Park, CA 90255
Office: (626) 405-0131 Attn: Ricardo Reyes, City Manager [email protected] Phone: (323) 582-6161
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-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT shall not SUB-CONSULTANT any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONSULTANTS (including without limitation SUB-CONSULTANTS with Sub-CONSULTANT’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 CONSULTANT: CITY reserves the right to employ other CONSULTANT in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT 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 CONSULTANT, 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, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such 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.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining 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.

6.18 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 CONSULTANT 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 counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

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: TREEPEOPLE:

By: Ricardo Reyes By: Cindy Montañez
City Manager Chief Executive Officer
Date: Date:

APPROVED AS TO FORM:

By: City Attorney
Date:

EXHIBIT “A”

SCOPE OF WORK

TREEPEOPLE
May 3rd, 2022
City of Huntington Park
56550 Miles Ave,
Huntington Park, CA 90255
April 19th, 2022
Attn: Ricardo Reyes, City Manager
Subject: CAL FIRE Urban Forest Management Plan Grant Agreement Dear Mr. Reyes,
This letter is to express interest in continuing the partnership between the City of Huntington Park and TreePeople through an agreement to conduct services for the City’s recently awarded CAL FIRE Urban Forest Management Plan grant. TreePeople would like to continue serving the Huntington Park community by implementing the project’s Urban Forest Management Plan, tree planting and care components, and other associated activities.

Accompanied with this letter is a proposal (Exhibit A) to conduct services for the CAL FIRE Urban Forest Management Plan grant that will span a three-year period, expiring at the end of March 31st, 2025. Additionally, the grant agreement that has been executed by the City of Huntington Park and CAL FIRE is attached as Exhibit B.

Please reach out to David Pineda at [email protected] if you have any questions or require additional documentation.

Sincerely,
Cindy Montañez
TreePeople
Chief Executive Officer
12601 Mulholland Drive, Beverly Hills, CA 90210 | treepeople.org Exhibit A: Proposal
Background:

TreePeople, an environmental 501(c)3 organization, inspires and supports the people of Southern California to come together to plant and care for trees, harvest the rain, and renew depleted landscapes. Since 1973, TreePeople has been a visionary leader in developing and implementing nature-based solutions to pressing problems that impact communities and ecosystems across Southern California. TreePeople works predominantly with low-income communities of color that are disproportionately exposed to environmental burdens. Throughout the organization’s history, TreePeople has contributed to the planting of over 3 million trees.

TreePeople has extensive experience managing widespread urban forestry projects in collaboration with public agencies, the community, and various stakeholders. Notably, TreePeople has planted over 1,000 trees in the City of Huntington Park through a community-driven model in partnership with the City. TreePeople continues to prioritize and serve Huntington Park through its environmental education program, water equity program, school greening efforts, and outdoor access programming.

TreePeople has over a decade of experience in managing and implementing CAL FIRE Urban and Community Forestry grant projects. TreePeople has remained in good standing with CAL FIRE and has secured continuous funding because of the organization’s ability to meet grant deliverables, produce reports on time, and maximize the use of public funds. Additionally, TreePeople has extensive experience in developing environmental planning documents that are guided by cutting-edge data and community input. This has included watershed management plan development, active transportation plan development, tree prioritization plan engagement, construction project planning and development, and urban forest management planning.

Scope of Work:

TreePeople will support, implement, and conduct all components related to the CAL FIRE Urban Forest Management Plan Grant in accordance with grant guidelines, the grant agreement, and the City’s direction. This will include
Project management: TreePeople will conduct project management responsibilities to coordinate project partners, develop the Urban Forest Management Plan (UFMP), organize subsequent tree planting activities, and ensure project deliverables are being met in accordance with the grant’s timeline. TreePeople will work in unison with the City to navigate the grant project's successful implementation.

Project reporting: TreePeople will conduct project reporting on a quarterly basis to CAL FIRE and as requested by the City of Huntington Park. Reporting to CAL FIRE includes providing financial 12601 Mulholland Drive, Beverly Hills, CA 90210 | treepeople.org and narrative reports along with project data such as greenhouse gas reduction tracking and tree planting GPS locations. TreePeople will act as a liaison between CAL FIRE and the City of Huntington Park to ensure the project’s administration is coherent with grant guidelines.

Community Engagement: TreePeople will conduct robust community outreach, education, and surveying. TreePeople will synthesize assessments completed to inform the Urban Forest Management Plan into public-facing materials and educational programming that is culturally relevant and meaningful to the public. These new insights will provide a stronger framework for conducting education around urban forestry, tree benefits, tree care, and related environmental issues. We anticipate outreach and educational opportunities to take place during other city events, TreePeople events, and virtually.

Community Workshops: To ensure robust community outreach and education are conducted, TreePeople will host three community workshops that provide an educational program on the City of Huntington Park’s urban forest. Workshops will also serve as an opportunity to solicit feedback from the community regarding their goals and objectives for the urban forest. The workshops will take place at various locations and times to accommodate participation by all residents. Workshops may be conducted in tandem with existing community events to ensure authentic and widespread engagement.

Urban Forest Management Plan (UFMP): TreePeople will draft, develop, and finalize a robust UFMP. The UFMP will improve the immediate and long-term management of the urban forest. The UFMP development will follow an urban forest assessment that includes a canopy assessment, physical tree inventory, and community input to identify the state of the urban forest. The UFMP will follow arboriculture standards and urban forestry best management practices. The UFMP will at minimum include a shared vision for the urban forest, an inventory assessment, quantified urban forest benefits, strategic plans, routine maintenance procedures, a street tree planting plan (recommended tree species), and evaluation tools. Critical to successful urban forest management, tree maintenance procedures will follow arboriculture best practices and align with city needs as it relates to tree planting, trimming, removal, treatments and assessment.

Tree Planting: TreePeople will implement a tree-planting campaign to plant 300 trees. Tree planting sites and species will be guided by the completed UFMP. The planting will be guided through a community-based approach, leveraging participation from community members, local schools, and other stakeholders. All tree planting will be conducted in accordance with best management practices.

Young Tree Care Establishment: TreePeople will conduct three years of tree care for all 300 trees planted. Tree planting sites and species will be guided by the recently completed UFMP.

Tree care will include a mix of volunteer and staff support to conduct as needed watering, mulching, and trimming to ensure the trees survive the establishment period outlined in the grant. 12601 Mulholland Drive, Beverly Hills, CA 90210 | treepeople.org Cost Schedule:

Budget Item Description
CAL FIRE Grant
Share Match Total
Contractual
TreePeople
Project management and implementation
activities as described in the scope of work. $220,680.00 $220,680.00 Volunteer time
Volunteer support for the implementation of the
project's activities $28,359.00 $28,359.00
Supplies
Trees Trees 300 #15 trees $16,500.00 $16,500.00
Replacement Trees Replacement Trees 30 #15 trees $1,650.00 $1,650.00 Tree Stakes Establishment supplies 600 units $4,500.00 $4,500.00 Tree Ties Establishment supplies 1200 units $1,500.00 $1,500.00 Arbor Guards Establishment supplies 300 units $1,050.00 $1,050.00 Volunteer Supplies Shovels, buckets, and other volunteer supplies $1,000.00 $1,000.00 Outreach/Education
Educational
materials Promote community engagement and education $3,750.00 $3,750.00 Project Signage Project Signage $600.00 $600.00
Other
TreePeople
Long-term maintenance funds for young tree
establishment costs $15,000.00 $15,000.00
TOTAL $265,230.00 $29,359.00 $294,589.00
12601 Mulholland Drive, Beverly Hills, CA 90210 | treepeople.org Item 8

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

May 17, 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 REQUEST FOR SERVICES FOR DESIGN SERVICES AS PART OF CIP 2019-02 SLAUSON AVENUE CONGESTION

RELIEF IMPROVEMENTS PROJECT
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve amendment to Infrastructure Engineers’ Request for Services (RFS) for additional design components of CIP 2019-02 Slauson Avenue Congestion Relief Improvements Project for a not-to-exceed amount of $141,855;

2. Approve additional allocation of $141,855 from Account No. to 222-8010-431.76- 06; and

3. Authorize the City Manager to execute the amendment.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On October 1, 2019, the City Council awarded the design of the Slauson Avenue Congestion Relief Improvements Project to Infrastructure Engineers (IE). The project design includes an additional eastbound travel lane on Slauson Avenue between Alameda Street and State Street. Enhancements include increase queuing on left turn pockets, placement of bus stops on the “far-side” of intersections for operational efficiency and five signalized intersections will be upgraded with new signal poles, conduit, wiring, and controller cabinets with video detection. The five Slauson Avenue intersections are as follows:
• Slauson Avenue at Alameda Street
• Slauson Avenue at Santa Fe Avenue
• Slauson Avenue at Miles Avenue/ Soto Street
• Slauson Avenue at Bickett Street
• Slauson Avenue at Boyle Avenue/State Street

CONSIDERATION AND APPROVAL TO AMEND AGREEMENT FOR DESIGN SERVICES AS PART OF CIP 2019-02 SLAUSON AVENUE CONGESTION RELIEF

IMPROVEMENTS PROJECT
May 17, 2022

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On April 21, 2022, staff requested a proposal from IE for additional work to include the following:
• Concrete six (6) intersections to improve crosswalk reliability and mitigate rutting caused by large commercial vehicles
• Initiate protected permissive left-turn movement studies for northbound, southbound, eastbound, and westbound traffic at three intersections • Add one (1) bus turnout for westbound traffic at the west leg at Slauson Avenue and Bickett Street (Target)
Staff recommends approval of the additional funds to complete the design phase of the project. Metro’s allocation of its own Measure R funds is sufficient to cover this cost.

FISCAL IMPACT/FINANCING
Metro’s Board programmed $700,000 from Metro’s Measure R funds for the design phase. The proposed amount of $141,855 is 100% reimbursable. General fund or other City funds shall not be affected. Staff submits expenditure reports and invoices Metro on a quarterly basis. Quarterly progress reports are submitted in compliance with the agreement between Metro and the City. Staff recommends using Metro’s Measure R funds to cover the cost of the additional work and approving the allocation of $141,855 from Account No. to 222-8010-431.76-06 towards the completion of the additional design elements.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

CONSIDERATION AND APPROVAL TO AMEND AGREEMENT FOR DESIGN SERVICES AS PART OF CIP 2019-02 SLAUSON AVENUE CONGESTION RELIEF

IMPROVEMENTS PROJECT
May 17, 2022

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ATTACHMENT(S)

1. Amendment No. 1

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FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
CIP 2019-02 SLAUSON AVENUE CONGESTION RELIEF

IMPROVEMENTS PROJECT
THIS FIRST AMENDMENT AGREEMENT (“Agreement”) is made as of May 17, 2022 by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“City”) and Infrastructure Engineers, (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 the design of traffic related improvements along Slauson Avenue between Alameda Street and State Street.

WHEREAS, on or about October 1, 2019, the Parties executed and entered into that certain agreement titled, Slauson Avenue Congestion Relief Improvements Project (MR306.53), CIP 2019-02– (Design Phase Only) (hereinafter, the “Agreement”) which is attached hereto as Exhibit “A”.

WHEREAS, the City requires additional design services related to CIP 2019-02 Slauson Avenue Congestion Relief Improvements Project.

WHEREAS, the contract timeline will be extended to December 31, 2022. The contract amendment agreement includes additional payment compensation of a total notto-exceed amount of $141,855. Additional compensation proposal is included as Exhibit “B”.

NOW THEREFORE, in consideration of the promises and mutual promises herein contained, it is agreed as follows:

1. 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 Parties with respect to the matters addressed in both documents.

Page 2 of 2 ends

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:

By:

Ricardo Reyes
City Manager
Infrastructure Engineers:

By: ___________________________
Farzad Dorrani
Chief Operating Officer
ATTEST:

By: ________________________
Eduardo Sarmiento
City Clerk

APPROVED AS TO FORM:

By:

REQUEST FOR SERVICES
N:\10_Business Development\RFSs\Huntington Park\2019 RFS\HP-2019-RFS018-Slauson Avenue Congestion Relief Improvement Project-09- 11-19.doc

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City of Huntington Park
TO: Ricardo Reyes, City Manager
DATE: September 11, 2019
FROM: Steve Forster, Senior Vice President
SUBJECT: Slauson Avenue Congestion Relief Improvements Project (MR306.53), CIP 2019- 02– (Design Phase Only)
Acct. No.: ________________________
Type of Project: Public Works Community Development Traffic Park and Rec.

Description of Request: The City of Huntington Park has been awarded a Metro Grant for Slauson Avenue Congestion Relief Improvements Project (MR306.83) for the design of five (5) intersection along the Slauson Avenue corridor and all other associated improvements to increase safety, intersection capacity, and operations. The design phase is part of the I-710 Early Action Projects program. The project is not funded through Metro I-710 Early Action Program for construction phase. Infrastructure Engineers (IE), through the course of this project will pursue the construction funding through the Gateway Cities COG, I-710 Project Committee.

As identified in the Attachment “C” of the Grant Application (See attachment), the Scope of work includes Environmental Analysis, Design (preparation of PS&E), Topographical Survey, Geotechnical Investigation and landscape/Irrigation Design. The scope of work also includes the Project Management, Administration and Fund Administration during Design Phase Only. The remaining 50% of Project Management, Administration and Fund Administration will be provided during the construction phase of the project.

Infrastructure Engineers’ fee is based on the Preliminary Construction Cost Estimate of $3,738,000 per Grant Application as summarized in the table below:

1. Environmental Analysis $ 40,000

2. Design (7%) $261,660

3. Topographical Survey $ 70,000

4. Geotechnical Investigation $ 40,000

5. Landscape/Irrigation Design $ 25,000

6. PM & Administration (2%) $ 74,760

7. Fund Administration(1.25%) $ 46,725
Total $558,145

EXHIBIT A

REQUEST FOR SERVICES
N:\10_Business Development\RFSs\Huntington Park\2019 RFS\HP-2019-RFS018-Slauson Avenue Congestion Relief Improvement Project-09- 11-19.doc

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Grant Application Attachment “C”

REQUEST FOR SERVICES
N:\10_Business Development\RFSs\Huntington Park\2022 RFS\HP-2022-RFS001-Additional Concrete and Signal Improvement Work for Slauson Avenue Congestion Relief Improvements Project MR306.83, CIP 2019-02– (Design Phase)-04-21-22.doc

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City of Huntington Park
TO: Ricardo Reyes, City Manager DATE: April 21, 2022
FROM: Farzad Dorrani, Chief Operating Officer
SUBJECT: Additional Concrete and Signal Improvement Work for Slauson Avenue Congestion Relief Improvements Project MR306.83, CIP 2019-02– (Design Phase) Type of Project: Public Works Community Development Traffic Park and Rec.

Account Number:

Funding Source:

Description of Request: The City of Huntington Park has requested for additional PCC intersections to be constructed at six intersections. Said six intersections are displayed in Exhibit “A.” The limits of the concrete intersection shall extend 250’ westbound and eastbound. Concrete intersections for northbound and southbound directions shall end at the BCR/ECR. Work shall include obtaining additional survey data and all work necessary to design the new concrete intersections. Design shall include a bus turnout for westbound traffic at the west leg of the intersection of Bickett Street and Slauson Avenue. Additionally, design shall include new signal poles and signal equipment throughout the six intersections. This includes new 4” conduits, conductors, battery backup system, pedestrian push buttons, vehicle signal heads, countdown pedestrian signal heads, signal cabinet, and controller.

Included in the additional work shall be five left-turn studies to determine whether the intersections are warranted for protected-permissive left-turn movement for northbound, southbound, eastbound, and westbound traffic. The five intersections to be studied are shown in Exhibit “A.” Any left-turn movements that meet the warrants and are recommended by the engineer for protected-permissive left-turn phasing shall be included in the design of the signal improvement work.

Infrastructure Engineers’ fee is displayed on Exhibit “A” attached to the RFS.

This RFS is for the design and preparation of PS&E bid document and left-turn studies only. It does not include any other tasks related to the project which is not listed herewith. Examples that are not included in this RFS are potholing, synchronization of the Slauson Corridor, and timing sheets. A separate RFS shall be prepared for any additional tasks.

EXHIBIT B

REQUEST FOR SERVICES
N:\10_Business Development\RFSs\Huntington Park\2022 RFS\HP-2022-RFS001-Additional Concrete and Signal Improvement Work for Slauson Avenue Congestion Relief Improvements Project MR306.83, CIP 2019-02– (Design Phase)-04-21-22.doc

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To be completed by Infrastructure Engineers:

Project Number:

Projected Date of Completion: Six (6) months after RFS Approval Project Manager: Farzad Dorrani, MS
Estimated Cost of Services: $141,855
4/21/2022
Farzad Dorrani, Chief Operating Officer Date
Approved to Proceed and/or Approval of Funding Sources:

RECOMMEND APPROVAL TO PROCEED
Ricardo Reyes, City Manager Date
Exhibit "A" Proposed Design Cost Estimate For Slauson Avenue Project Street Survey work needed Survey Cost
Senior Engineer Hrs.
(Rate $170/Hr.)
Engineering Assistant
Hrs. (Rate $115/Hr.)
Project Manager
Hrs. (Rate
$185/Hr.)
Concrete Design
Cost
Alameda Street None $ - 20 26 8 $ 7,870.00
Santa Fe Avenue None $ - 12 16 8 $ 5,360.00
Pacific Boulevard
Need grid survey for entire
intersection $ 3,000.00 18 20 8 $ 6,840.00
Miles Avenue None $ - 12 16 8 $ 5,360.00
Bickett Street
Survey northwest corner to
reflect changes. Survey 100'
north of ECR. Also, need grid
survey for entire intersection $ 3,500.00 18 20 8 $ 6,840.00 State Street
Need grid survey for entire
intersection $ 3,000.00 18 20 8 $ 6,840.00
Total Survey Cost $ 9,500.00 $ 39,110.00
Grand Total $ 48,610.00
Street Work Needed
Associate Eng. Hrs.
(Rate $155/Hr.)
Principal Eng. Hrs.
(Rate $180/Hr.)
Project Manager Hrs.
(Rate $185/Hr.)
Signal Design
Cost
Alameda Street
Seven of the nine poles are
existing. Calls for a redesign. 45 6 4 $ 8,795.00
Santa Fe Avenue
Four of the ten poles are existing.

Calls for a redesign. 36 5 4 $ 7,220.00
Pacific Boulevard
Requesting all the poles shown in
design to be replaced with new
poles 48 6 4 $ 9,260.00
Miles Avenue
Three of the eight poles are
existing. Calls for a redesign. 34 4 4 $ 6,730.00
Bickett Street
Adjusting the poles based on the
new geometric conditions on the
NW Corner. 18 3 4 $ 4,070.00
State Street
Six of the eight poles are existing.

Calls for a redesign. 42 5 4 $ 8,150.00
Grand Total $ 44,225.00
Street Volume Counts Needed Field Review Hrs. AM/PM Counts Hrs.

Collect & Review
Traffic Collision
History Hrs.

Traffic Signal
Warrant
Analysis Hrs.

Report-Findings
Hrs.

Total Senior Traffic
Engineer Hrs. (Rate
$170/Hr.)
Project Manager
Hrs. (Rate
$185/Hr.) Total Cost
Alameda Street $ 260.00 5 5 5 16 24 55 4 $ 10,350.00
Santa Fe Avenue $ 260.00 5 5 5 16 24 55 4 $ 10,350.00
Pacific Boulevard $ 260.00 5 5 5 16 24 55 4 $ 10,350.00 Miles Avenue $ 260.00 5 5 5 16 24 55 4 $ 10,350.00
Bickett Street $ 250.00 5 5 5 8 16 39 4 $ 7,620.00
Grand Total $ 49,020.00
Signal Improvement Hours
Concrete Design Hours
Left Turn Studies (Senior Traffic Engineer Hrs.)
Total Concrete Design Cost
N:\10_Business Development\RFSs\Huntington Park\2022 RFS\HP-2022-RFS001-Additional Concrete and Signal Improvement Work for Slauson Avenue Congestion Relief Improvements Project MR306.83-04-21-22 Item 9

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

May 17, 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 AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 IT IS RECOMMENDED THAT CITY COUNCIL:

1. Award the construction contract to Palp, Inc. dba Excel Paving Co. for the construction of CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 2021- 22 as the lowest responsive, responsible bidder for a not-to-exceed amount of $5,492,894;

2. Approve expenditures in the amount of $2,961,496 from Account No. 239-8010- 431.76-12 as approved at the City Council meeting of April 5, 2022 on the Substantial Amendment Two to the FY 2021-202 Annual Action Plan from Community Development Grant (CDBG) funds;

3. Approve expenditures in the amount of $2,215,749 from Account No. 221-8010- 431.76-12;

4. Approve expenditures in the amount of $315,649 from Account No. 111-8010- 431.76-12;

5. Approve a construction contingency of $368,537 payable from Account No. 111- 8010-431.76-12; and

6. Authorize the City Manager to execute the construction contract agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On December 21, 2021, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 2021-22

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 May 17, 2022

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(Project). The two roadway segments in the table below were chosen for street pavement resurfacing.

Street Name Beginning Location Ending Location
Miles Avenue    150’ N/O 57th Street    Florence Avenue Santa Fe Avenue    58th Street    Florence Avenue
At the April 5, 2022 City Council meeting, staff recommended rejecting all bids and rebidding the project due to the bids significantly exceeding the engineer’s estimate and the budgeted amount. City Council concurred with staff’s recommendation and authorized rebidding the project.

The City Clerk’s Office published the NIB on April 8, 2022 and April 29, 2022 in a newspaper of general circulation in accordance with CDBG regulations. Contractors and other interested parties accessed the plans and specifications from the City’s website.

Electronic media outlets such as Construct Connect and Dodge Greensheet posted the bid package on their respective e-bid boards, which allows for a wider range of contractors to view the project documents. Bid opening was held on May 9, 2022, where the City Clerk opened and read two (2) bids. The following is the ranking of bids commencing from the lowest responsive, responsible bid:

Bidder (lowest bid
first)
Base Bid Schedule A to C Bid Alternate Schedule D
Excel Paving Co. $4,643,893.61 $1,490,000
Hardy & Harper, Inc. $5,100,000.00 $1,300.000
Excel Paving Co. was the apparent low bidder based on the base bid schedule A to C.

The bid analysis was conducted to ensure that the lowest responsive, responsible bid met all federal, state and local requirements. Based on the investigation, staff’s recommendation is to award Excel Paving Co. the contract agreement (Attachment 1) for a not-to-exceed amount of $5,492,893.61. This amount is composed of the Base Bid Schedule A to C and a partial amount from bid alternate schedule C ($849,000). Excel Paving, Co. and Hardy & Harper, Inc.’s bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis is included as Attachment 2.

LEGAL REQUIREMENT
The City adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. Public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts. The construction contract agreement conforms with all applicable Federal, State, local and public contracting codes and consents to the proper execution by the City Manager. The City Clerk’s Office will release the bid bonds for all construction firms that were not selected after approval from the City Council.

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 May 17, 2022

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FISCAL IMPACT/FINANCING
The Road Repair and Accountability Act of 2017 (SB1 Beall) provides for allocations of various funds to state and local agencies for transportation purposes. Among those funds are formula-based allocations from the Road Maintenance and Rehabilitation Account (RMRA). Total RMRA remaining available funds to date are $1,313,101.09.

California State Controller’s Office
Road Maintenance and Rehabilitation Account (RMRA)
Funding Allocation Per Fiscal Year
FY 17/18 $347,958.01
FY 18/19 $1,090,627.56
FY 19/20 $1,027,934.47
FY 20/21 $1,103,321.31
FY 21/22 (YTD) $499,684.74
Total = $4,069,526.09
In order to receive RMRA funds, cities and counties must meet a “maintenance of effort” (MOE) requirement to ensure that these new roads funds do not supplant existing levels of general revenue spending on streets and roads. The MOE requirement is for a minimum amount of spending of discretionary revenues on streets and roads. The City’s required local MOE amount is $1,137,529.

Staff recommends the total expenditures of $5,492,894, with a contingency in the amount of $368,537. City Council has previously approved the appropriation of the funds listed below. The table below provides the breakdown in costs allocated by the various funding sources.

Funding Source Account Number Amount
CDBG 239-8010-431.76-12 $2,961,496.00
RMRA SB1 “Gas Tax” 221-8010-431.76-12 $2,215,748.21
MOE – General Fund 111-8010-431.76-12 $315,649.40
MOE – General Fund - Contingency 111-8010-431.76-12 $368,537.11 Total Project Cost = $5,856,430.72
Authority will be granted to the City Manager to approve any and all negotiated construction change orders in good faith.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 May 17, 2022

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RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Excel Paving Co. Agreement

2. Bid Results
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CONTRACTOR SERVICES AGREEMENT
CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 THIS CONTRACTOR SERVICES AGREEMENT (“Agreement”) is made and entered into this 17th day of May 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and PALP, Inc. DBA Excel Paving Company (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 and CONTRACTOR 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, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). 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 commence on May 17, 2022 to December 31, 2022. It is the CONTRACTOR’S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement. 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 Services Exhibit “A”.

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 $5,492,893.61 (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 2 | P a g e
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 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 CONTRACTOR’S cessation or abandonment.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager and Director of Public Works (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.

2.2 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.
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2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:

A. CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR’S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. 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.); D. 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 SUBCONTRACTOR) 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.

2.5 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.

2.6 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 4 | P a g e
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, Social Security and Medicare payments and the like. 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.

2.7 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 SUBCONTRACTOR 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.

2.8 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 applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, 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 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 CONTRACTOR 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 One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general 5 | P a g e
aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual 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 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: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL 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 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: VII. 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 it 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. 6 | P a g e
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.

4.5 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 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.
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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; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure 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 and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended 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 for any failure of CONTRACTOR to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to 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 fourteen (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 8 | P a g e
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; (iii) CONTRACTOR’S and/or its employees’ disregard 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 refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.

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 may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of 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 performance under this Agreement pending 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; iii. 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
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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.
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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:

PALP, Inc. DBA Excel Paving Company City of Huntington Park 2230 Lemon Avenue 6550 Miles Avenue
Long Beach, CA 90806 Huntington Park, CA 90255
Curtis P. Brown III, President Attn: Ricardo Reyes, City Manager Phone: (562) 599-5841 Phone: (323) 582-6161
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-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with SubCONTRACTOR’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, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
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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.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining 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.

6.18 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 counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY. 12 | P a g e
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: EXCEL PAVING COMPANY:

By: Ricardo Reyes By: Curtis P. Brown III
City Manager President

Date: Date:

APPROVED AS TO FORM:

By: City Attorney
Date:
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EXHIBIT “A”

SCOPE OF WORK

EXCEL PAVING COMPANY

ITEM
NO.

BID ITEMS UNIT QUANTITY UNIT
PRICE

TOTAL AMOUNT UNIT
PRICE

TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT
1A Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) LS 1 $81,330.00 $ 81,330.00 $ 78,000.00 $ 78,000.00 $ 90,000.00 $ 90,000.00 2A Provide Traffic Control LS 1 $182,250.00 $ 182,250.00 $ 498,000.00 $ 498,000.00 $ 417,672.05 $ 417,672.05 3A Sawcut and Remove Existing Concrete Sidewalk SF 2,804 $3.60 $ 10,094.40 $ 3.00 $ 8,412.00 $ 5.00 $ 14,020.00 4A Sawcut and Remove Existing Concrete Curb and Gutter LF 116 $30.00 $ 3,480.00 $ 36.00 $ 4,176.00 $ 50.00 $ 5,800.00 5A Sawcut and Remove Existing Concrete Driveway SF 103 $7.00 $ 721.00 $ 5.00 $ 515.00 $ 10.00 $ 1,030.00 6A Sawcut and Remove Existing Concrete Curb Ramp EA 15 $1,323.00 $ 19,845.00 $ 950.00 $ 14,250.00 $ 2,700.00 $ 40,500.00 7A Cold Mill Existing Asphalt Concrete (AC) Pavement 0" to 1.5" Taper SF 91,265 $0.30 $ 27,379.50 $ 0.23 $ 20,990.95 $ 0.23 $ 20,990.95 8A Prune Root Existing Tree and Install Root Barrier EA 6 $700.00 $ 4,200.00 $ 1,300.00 $ 7,800.00 $ 600.00 $ 3,600.00 9A Construct Concrete 4" Thick Sidewalk SF 2,804 $10.00 $ 28,040.00 $ 11.00 $ 30,844.00 $ 7.00 $ 19,628.00 10A Construct Concrete Curb and Gutter LF 116 $65.00 $ 7,540.00 $ 66.00 $ 7,656.00 $ 60.00 $ 6,960.00 11A Construct Concrete Driveway SF 103 $20.00 $ 2,060.00 $ 24.00 $ 2,472.00 $ 15.00 $ 1,545.00 12A Construct Concrete Curb Ramp EA 15 $4,400.00 $ 66,000.00 $ 5,700.00 $ 85,500.00 $ 4,500.00 $ 67,500.00 13A Furnish and Install Detectable Warning Surface EA 6 $1,000.00 $ 6,000.00 $ 800.00 $ 4,800.00 $ 2,000.00 $ 12,000.00 14A Provide and Place Crushed Miscellaneous Base (CMB) TON 10 $190.00 $ 1,900.00 $ 200.00 $ 2,000.00 $ 200.00 $ 2,000.00 15A Construct 1.5" Thick Conventional AC Overlay (C2-PG 64-10) TON 3,112 $100.00 $ 311,200.00 $ 112.00 $ 348,544.00 $ 97.00 $ 301,864.00 16A Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 17 $1,100.00 $ 18,700.00 $ 900.00 $ 15,300.00 $ 1,200.00 $ 20,400.00 17A Furnish and Install New Metal Hand Railing for Curb Ramp EA 1 $5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 18A Adjust Existing Traffic Signal Pull Box and Cover to Finished Grade EA 3 $1,500.00 $ 4,500.00 $ 1,500.00 $ 4,500.00 $ 1,500.00 $ 4,500.00 19A Furnish and Install Traffic Signal Loop Detectors, Type E and Connect to DLC EA 48 $350.00 $ 16,800.00 $ 300.00 $ 14,400.00 $ 350.00 $ 16,800.00 20A Replace and Relocate Traffic Signal Pull Box EA 3 $5,000.00 $ 15,000.00 $ 4,000.00 $ 12,000.00 $ 10,000.00 $ 30,000.00 21A Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $62,100.00 $ 62,100.00 $ 91,000.00 $ 91,000.00 $ 90,000.00 $ 90,000.00 22A Provide Construction Survey, Re-establish Survey Monuments and Centerline Ties LS 1 $16,762.50 $ 16,762.50 $ 19,000.00 $ 19,000.00 $ 15,000.00 $ 15,000.00 23A Install Public Improvement Project Signs EA 4 $2,500.00 $ 10,000.00 $ 1,500.00 $ 6,000.00 $ 2,000.00 $ 8,000.00 24A Provide Erosion Control and BMPs LS 1 $13,950.00 $ 13,950.00 $ 26,000.00 $ 26,000.00 $ 10,000.00 $ 10,000.00 $ 914,852.40 Sub-total $ 1,307,159.95 Sub-total $ 1,206,810.00 25A Remove Existing Water Meter Box and Service Line and Construct New 1" Copper Water Service Line, Install New Meter and Meter Box (Provided by City)
EA 93 $6,500.00 $ 604,500.00 $ 6,300.00 $ 585,900.00 $ 6,100.00 $ 567,300.00 26A Furnish and Replace Existing 2” Service Line with 2” New Copper Water Service Line and Install New Water Meter and Box (Provided by City)
EA 5 $22,000.00 $ 110,000.00 $ 14,000.00 $ 70,000.00 $ 11,000.00 $ 55,000.00 27A Furnish and Replace Existing 4” Service Line with 4” New Copper Water Service Line, Install New Water Meter and Box (Provided by City)
EA 2 $23,000.00 $ 46,000.00 $ 16,000.00 $ 32,000.00 $ 19,000.00 $ 38,000.00 28A Remove Existing Valve Can and Cover EA 9 $1,100.00 $ 9,900.00 $ 350.00 $ 3,150.00 $ 500.00 $ 4,500.00 29A Furnish and Install New 4" D.I. Resilient-Wedge Valve EA 3 $12,000.00 $ 36,000.00 $ 7,200.00 $ 21,600.00 $ 13,000.00 $ 39,000.00 30A Furnish and Install New 8" D.I. Resilient-Wedge Valve EA 4 $14,000.00 $ 56,000.00 $ 12,000.00 $ 48,000.00 $ 14,000.00 $ 56,000.00 31A Furnish and Install New 16" D.I. Resilient-Wedge Valve EA 2 $28,500.00 $ 57,000.00 $ 23,000.00 $ 46,000.00 $ 35,000.00 $ 70,000.00 32A Furnish and Replace existing 4” F.S. line and 4” GV with 4” PVC (C900) service line and 4” resilient-wedge gate valve
EA 2 $16,000.00 $ 32,000.00 $ 16,000.00 $ 32,000.00 $ 21,000.00 $ 42,000.00 33A Furnish and Replace existing 3” F.S. line and/or service line 4” GV with 4” PVC (C900) service line and 4” resilient-wedge gate valve for isolation
EA 2 $15,000.00 $ 30,000.00 $ 17,000.00 $ 34,000.00 $ 21,000.00 $ 42,000.00 *34A Adjust Existing 6" Water Valve Cans and Covers to Finished Grade EA 6 $500.00 $ 3,000.00 $ 500.00 $ 3,000.00 $ 1,000.00 $ 6,000.00 *35A Adjust Existing 12" Water Valve Cans and Covers to Finished Grade EA 14 $500.00 $ 7,000.00 $ 700.00 $ 9,800.00 $ 1,000.00 $ 14,000.00 $ 919,400.00 Sub-total $ 885,450.00 Sub-total $ 933,800.00 36A Construct Cured-In-Place Pipe (CIPP) Lining of 8” Sewer Pipe LF 4,834 $40.00 $ 193,360.00 $ 36.00 $ 174,024.00 $ 35.00 $ 169,190.00 37A Remove and Construct 8” VCP Sewer Main (Open Trench) LF 371 $670.00 $ 248,570.00 $ 600.00 $ 222,600.00 $ 1,200.00 $ 445,200.00 38A Remove and Construct Sewer lateral and Connect to Main EA 13 $20,000.00 $ 260,000.00 $ 24,000.00 $ 312,000.00 $ 26,000.00 $ 338,000.00 39A Provide Soil and Pavement Testing Services as Directed by the Engineer - Allowance LS 1 $6,696.00 $ 6,696.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 701,930.00 Sub-total $ 715,624.00 Sub-total $ 959,390.00 $ 2,536,182.40 "A" Base Bid $ 2,908,233.95 "A" Base Bid $ 3,100,000.00 $ 253,618.24
$ 2,789,800.64
ITEM
NO.

BID ITEMS UNIT QUANTITY UNIT
PRICE

TOTAL AMOUNT UNIT
PRICE

TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT
1B Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) LS 1 $43,070.00 $ 43,070.00 $ 35,000.00 $ 35,000.00 $ 45,000.00 $ 45,000.00 2B Provide Traffic Control LS 1 $198,450.00 $ 198,450.00 $ 98,000.00 $ 98,000.00 $ 300,100.66 $ 300,100.66 3B Sawcut and Remove Existing Concrete Sidewalk SF 754 $3.60 $ 2,714.40 $ 3.00 $ 2,262.00 $ 5.00 $ 3,770.00 4B Sawcut and Remove Existing Concrete Curb and Gutter LF 29 $30.00 $ 870.00 $ 40.00 $ 1,160.00 $ 50.00 $ 1,450.00 5B Sawcut and Remove Existing Concrete Driveway SF 202 $7.00 $ 1,414.00 $ 5.00 $ 1,010.00 $ 10.00 $ 2,020.00 6B Sawcut and Remove Existing Concrete Curb Ramp EA 19 $1,323.00 $ 25,137.00 $ 800.00 $ 15,200.00 $ 2,700.00 $ 51,300.00 7B Cold Mill Existing Asphalt Concrete (AC) Pavement tapered 0" to 1.5" Against Concrete Facilities and 0" to 1 7/8" Against Concrete Pavment
SF 89,458 $0.32 $ 28,626.56 $ 0.23 $ 20,575.34 $ 0.23 $ 20,575.34 8B Prune Root Existing Tree and Install Root Barrier EA 3 $700.00 $ 2,100.00 $ 1,300.00 $ 3,900.00 $ 600.00 $ 1,800.00 9B Construct Concrete 4" Thick Sidewalk SF 754 $10.00 $ 7,540.00 $ 12.00 $ 9,048.00 $ 7.00 $ 5,278.00 10B Construct Concrete Curb and Gutter LF 29 $65.00 $ 1,885.00 $ 74.00 $ 2,146.00 $ 60.00 $ 1,740.00 11B Construct Concrete Driveway SF 202 $20.00 $ 4,040.00 $ 23.00 $ 4,646.00 $ 15.00 $ 3,030.00 12B Construct Concrete Curb Ramp EA 19 $4,400.00 $ 83,600.00 $ 5,700.00 $ 108,300.00 $ 4,500.00 $ 85,500.00 13B Furnish and Install Detectable Warning Surface EA 1 $1,000.00 $ 1,000.00 $ 1,100.00 $ 1,100.00 $ 2,000.00 $ 2,000.00 14B Provide and Place Crushed Miscellaneous Base (CMB) TON 3 $190.00 $ 570.00 $ 200.00 $ 600.00 $ 200.00 $ 600.00 15B Construct 1.5" Thick Conventional AC Overlay (C2-PG 64-10) TON 3,408 $100.00 $ 340,800.00 $ 112.00 $ 381,696.00 $ 97.00 $ 330,576.00 16B Construct 3/8" Thick Asphalt Rubber and Aggregate Membrane (ARAM) TON 852 $250.00 $ 213,000.00 $ 374.00 $ 318,648.00 $ 380.00 $ 323,760.00 17B Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 5 $1,100.00 $ 5,500.00 $ 900.00 $ 4,500.00 $ 1,200.00 $ 6,000.00 18B Furnish and Install New Metal Hand Railing for Curb Ramp EA 2 $5,000.00 $ 10,000.00 $ 5,000.00 $ 10,000.00 $ 7,000.00 $ 14,000.00 19B Adjust Existing Traffic Signal Pull Box and Cover to Finished Grade EA 1 $1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 20B Furnish and Install Traffic Signal Loop Detectors, Type E and Connect to DLC EA 84 $350.00 $ 29,400.00 $ 300.00 $ 25,800.00 $ 350.00 $ 29,400.00 21B Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $67,620.00 $ 67,620.00 $ 88,000.00 $ 88,000.00 $ - $ - 22B Provide Construction Survey, Re-establish Survey Monuments and Centerline Ties LS 1 $18,252.50 $ 18,252.50 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 23B Install Public Improvement Project Signs EA 4 $2,500.00 $ 10,000.00 $ 1,500.00 $ 6,000.00 $ 2,000.00 $ 8,000.00 24B Provide Erosion Control and BMPs LS 1 $15,190.00 $ 15,190.00 $ 11,000.00 $ 11,000.00 $ 10,000.00 $ 10,000.00 $ 1,112,279.46 Sub-total $ 1,165,091.34 Sub-total $ 1,257,400.00 25B Remove Existing Water Meter Box and Service Line and Construct New 1" Copper Water Service Line, Install New Meter and Meter Box (Provided by City)
EA 1 $6,500.00 $ 6,500.00 $ 9,200.00 $ 9,200.00 $ 6,100.00 $ 6,100.00 26B Furnish and Replace Existing 2” Service Line with 2” New Copper Water Service Line and Install New Water Meter and Box (Provided by City)
EA 1 $22,000.00 $ 22,000.00 $ 15,000.00 $ 15,000.00 $ 11,000.00 $ 11,000.00 27B Furnish and Replace Existing 4” Service Line with 4” New Copper Water Service Line, Install New Water Meter and Box (Provided by City)
EA 1 $23,000.00 $ 23,000.00 $ 16,000.00 $ 16,000.00 $ 19,000.00 $ 19,000.00 28B Remove Existing Valve Can and Cover EA 11 $1,100.00 $ 12,100.00 $ 350.00 $ 3,850.00 $ 500.00 $ 5,500.00 29B Furnish and Install New 8" D.I. Resilient-Wedge Valve EA 9 $14,000.00 $ 126,000.00 $ 12,000.00 $ 108,000.00 $ 14,000.00 $ 126,000.00 30B Furnish and Install New 10" D.I. Resilient-Wedge Valve EA 1 $17,000.00 $ 17,000.00 $ 15,000.00 $ 15,000.00 $ 19,000.00 $ 19,000.00 31B Furnish and Install New 16" D.I. Resilient-Wedge Valve EA 1 $28,500.00 $ 28,500.00 $ 23,000.00 $ 23,000.00 $ 35,000.00 $ 35,000.00 *32B Adjust Existing 6" Water Valve Cans and Covers to Finished Grade EA 12 $500.00 $ 6,000.00 $ 500.00 $ 6,000.00 $ 1,000.00 $ 12,000.00 *33B Adjust Existing 12" Water Valve Cans and Covers to Finished Grade EA 11 $500.00 $ 5,500.00 $ 700.00 $ 7,700.00 $ 1,000.00 $ 11,000.00 $ 228,600.00 Sub-total $ 203,750.00 Sub-total $ 244,600.00 34B Provide Soil and Pavement Testing Services as Directed by the Engineer - Allowance LS 1 $7,291.20 $ 7,291.20 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 7,291.20 Sub-total $ 8,000.00 Sub-total $ 8,000.00
$ 1,348,170.66 "B" Base Bid $ 1,376,241.34 "B" Base Bid $ 1,600,000.00 $ 134,817.07
$ 1,482,987.73
ITEM
NO.

BID ITEMS UNIT QUANTITY UNIT
PRICE

TOTAL AMOUNT UNIT
PRICE

TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT
1C Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) LS 1 $9,294.00 $ 9,294.00 $ 8,400.00 $ 8,400.00 $ 10,000.00 $ 10,000.00 2C Provide Traffic Control LS 1 $24,300.00 $ 24,300.00 $ 21,000.00 $ 21,000.00 $ 65,907.68 $ 65,907.68 3C Sawcut and Remove Existing Concrete Sidewalk SF 588 $3.60 $ 2,116.80 $ 3.00 $ 1,764.00 $ 5.00 $ 2,940.00 4C Sawcut and Remove Existing Concrete Curb and Gutter LF 33 $30.00 $ 990.00 $ 40.00 $ 1,320.00 $ 50.00 $ 1,650.00 5C Sawcut and Remove Existing Concrete Curb Ramp EA 2 $1,323.00 $ 2,646.00 $ 800.00 $ 1,600.00 $ 2,700.00 $ 5,400.00 6C Cold Mill Existing Asphalt Concrete (AC) Pavement 0" to 1.5" Taper SF 12,384 $0.30 $ 3,715.20 $ 0.23 $ 2,848.32 $ 0.23 $ 2,848.32 7C Prune Root Existing Tree and Install Root Barrier EA 2 $700.00 $ 1,400.00 $ 500.00 $ 1,000.00 $ 600.00 $ 1,200.00 8C Construct Concrete 4" Thick Sidewalk SF 588 $10.00 $ 5,880.00 $ 12.00 $ 7,056.00 $ 7.00 $ 4,116.00 9C Construct Concrete Curb and Gutter LF 33 $65.00 $ 2,145.00 $ 90.00 $ 2,970.00 $ 60.00 $ 1,980.00 10C Construct Concrete Curb Ramp EA 2 $4,400.00 $ 8,800.00 $ 6,000.00 $ 12,000.00 $ 4,500.00 $ 9,000.00 11C Furnish and Install Detectable Warning Surface EA 2 $1,000.00 $ 2,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 4,000.00 12C Provide and Place Crushed Miscellaneous Base (CMB) TON 3 $190.00 $ 570.00 $ 200.00 $ 600.00 $ 200.00 $ 600.00 13C Construct 1.5" Thick Conventional AC Overlay (C2-PG 64-10) TON 443 $100.00 $ 44,300.00 $ 112.00 $ 49,616.00 $ 97.00 $ 42,971.00 14C Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 4 $1,100.00 $ 4,400.00 $ 900.00 $ 3,600.00 $ 1,200.00 $ 4,800.00 15C Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $8,280.00 $ 8,280.00 $ 5,000.00 $ 5,000.00 $ - $ - 16C Provide Construction Survey, Re-establish Survey Monuments and Centerline Ties LS 1 $2,235.00 $ 2,235.00 $ 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 17C Provide Erosion Control and BMPs LS 1 $1,860.00 $ 1,860.00 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 $ 124,932.00 Sub-total $ 129,774.32 Sub-total $ 160,413.00 18C Remove Existing Water Meter Box and Service Line and Construct New 1" Copper Water Service Line, Install New Meter and Meter Box (Provided by City)
EA 20 $6,500.00 $ 130,000.00 $ 6,700.00 $ 134,000.00 $ 6,100.00 $ 122,000.00 19C Furnish and Replace Existing 2” Service Line with 2” New Copper Water Service Line and Install New Water Meter and Box (Provided by City)
EA 1 $22,000.00 $ 22,000.00 $ 14,000.00 $ 14,000.00 $ 11,000.00 $ 11,000.00 20C Remove Existing Valve Can and Cover EA 1 $1,100.00 $ 1,100.00 $ 350.00 $ 350.00 $ 500.00 $ 500.00 21C Furnish and Install New 4" D.I. Resilient-Wedge Valve EA 1 $12,000.00 $ 12,000.00 $ 7,200.00 $ 7,200.00 $ 15,000.00 $ 15,000.00 22C Furnish and Replace existing 4” F.S. line and 4” GV with 4” PVC (C900) service line and 4” resilient-wedge gate valve
EA 2 $16,000.00 $ 32,000.00 $ 16,000.00 $ 32,000.00 $ 21,000.00 $ 42,000.00 *23C Adjust Existing 6" Water Valve Cans and Covers to Finished Grade EA 5 $500.00 $ 2,500.00 $ 500.00 $ 2,500.00 $ 1,000.00 $ 5,000.00 *24C Adjust Existing 12" Water Valve Cans and Covers to Finished Grade EA 1 $500.00 $ 500.00 $ 700.00 $ 700.00 $ 1,000.00 $ 1,000.00 $ 165,100.00 Sub-total $ 190,750.00 Sub-total $ 196,500.00 25C Construct Cured-In-Place Pipe (CIPP) Lining of 8” Sewer Pipe LF 807 $40.00 $ 32,280.00 $ 42.00 $ 33,894.00 $ 41.00 $ 33,087.00 26C Provide Soil and Pavement Testing Services as Directed by the Engineer - Allowance LS 1 $892.80 $ 892.80 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 892.80 Sub-total $ 38,894.00 Sub-total $ 38,087.00
$ 290,924.80 "C" Base Bid $ 359,418.32 "C" Base Bid $ 400,000.00 $ 29,092.48
$ 320,017.28
Total Base Bid $ 4,643,893.61 Total Base Bid $ 5,100,000.00 ITEM
NO.

BID ITEMS UNIT QUANTITY UNIT
PRICE

TOTAL AMOUNT UNIT
PRICE

TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT
1D Provide Traffic Control L
S
1 $44,564.67 $ 44,564.67 $ 98,000.00 $ 98,000.00 $ 7,700.00 $ 7,700.00 2D Remove Existing Fire Hydrant Assembly and Service Line and Construct New Fire Hydrant Assembly and Service Line
E
A
13 $28,000.00 $ 364,000.00 $ 32,000.00 $ 416,000.00 $ 26,700.00 $ 347,100.00 3D Furnish and Replace Existing 1.5” Service Line with 2” New Copper Water Service Line, Install New Water Meter and Box (Provided by City)
E
A
15 $22,000.00 $ 330,000.00 $ 15,000.00 $ 225,000.00 $ 10,500.00 $ 157,500.00 4D Furnish and Install New 6" D.I. Resilient-Wedge Valve E A
29 $12,000.00 $ 348,000.00 $ 11,000.00 $ 319,000.00 $ 11,800.00 $ 342,200.00 5D Furnish and Install New 12" D.I. Resilient-Wedge Valve E A
27 $17,000.00 $ 459,000.00 $ 16,000.00 $ 432,000.00 $ 16,500.00 $ 445,500.00 $ 1,501,000.00 Sub-total $ 1,490,000.00 Sub-total $ 1,300,000.00 $ 1,501,000.00 Additive Bid $ 1,490,000.00 Additive Bid $ 1,300,000.00 $ 150,100.00
$ 1,651,100.00
Contingencies @ 10%
Total Bid
Engineer's Estimate Excel Hardy & Harper
5/9/2022
Total Bid
*If Additive Bid Items No. 4D and/or 5D are selected, Base Bid Items No. 23C and/or 24C are to be removed.

Sub-total
Total Base Bid
Sub-total
Sub-total
Sub-total
Total Base Bid
Contingencies @ 10%
Sub-total
Total Base Bid
Contingencies @ 10%
Total Bid
Contingencies @ 10%
Total Bid
Sub-total
Sub-total
Sub-total
Sub-total
Sub-total
Total Base Bid
CIP 2021-01 SB1 CDBG Street Reconstruction Project

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