Pico Rivera City Council
June 14, 2022

The City Council also accepted Ordinance No. 1157 approving Zone Reclassification No. 327 changing the zoning of 6605 Rosemead Boulevard from General-Commercial (C-G) to Professional-Administrative (PA).

Environmental Analysis:

Pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines, Section 15063, and following an Initial Study and environmental assessment of possible adverse impacts, the project will not have a significant effect on the environment because of the inclusion of certain mitigation measures which lessened potential adverse impacts to a level of less than significant. Therefore, a Mitigated Negative Declaration (MND) was prepared with mitigation measures and monitoring program in accordance with the provisions of CEQA.

Conclusion:

It is recommended that the City Council adopts Ordinance No. 1156 and Ordinance No. 1157. If adopted, the ordinances will become effective 30 days from the adoption date.

Steve Carmona
SC:MG:JG:dl
Enclosures: 1) Ordinance No. 1156
2) Ordinance No. 1157
Enclosure 1
ORDINANCE NO. _1156_

AN ORDINANACE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, AMENDING TITLE 18, ZONING, OF THE PICO

RIVERA MUNICIPAL CODE TO ALLOW SELF-STORAGE FACILITIES

IN THE PROFESSIONAL- ADMINISTRATIVE (P-A) ZONE HEREIN AS ZONE CODE AMENDMENT NO. 189
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, comprehensive zoning regulations lie within the police power of the City; and
WHEREAS, several sections of the Pico Rivera Municipal Code related to selfstorage facilities have become outdated and it is essential to amend these sections to maintain and create proper development standards; and
WHEREAS, the Planning Commission of the City of Pico Rivera conducted a public hearing on the matter of amendments of the Municipal Code including sections of Title 18, Zoning at a legally noticed public hearing held on April 4, 2022; and WHEREAS, the City Council of the City of Pico Rivera desires to amend the Pico Rivera Municipal Code as set forth herein.

THE CITY COUNCIL OF THE CITY OF PICO RIVERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Based on the staff reports, presentations, public comments, Planning Commission recommendations, Pico Rivera Municipal Code, City’s General Plan, and other evidence presented at the duly noticed public hearing on this matter, the City Council hereby finds that Zoning Code Amendment No. 189 is essential to the public necessity, convenience, and general welfare require it and the Zoning Code Amendment is consistent with the City’s General Plan Land Use Element by updating and maintaining property and effective development standards.

SECTION 2. In accordance with the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Section 15063, an initial study and environmental assessment was prepared and it was determined that any potential significant effect on the environment will be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration was prepared and circulated in accordance with CEQA requirements and adopted by the City Council Resolution No. _____.

SECTION 3. Chapter 18.04.760, Self-Storage Facilities, Definitions, Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to read the 7a
ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 2 OF 12
following:
• Existing Language:
o “Self-storage facilities” means a use in which secure self-storage spaces are rented and/or leased to clients for the storage and retrieval of personal property, and may include “public storage facilities” containing individual storage areas that are one thousand square feet in size or greater and “mini storage facilities,” containing individual storage areas that are less than one thousand square feet in size.
• Proposed Language:
o Facilities offering enclosed storage with individual access that are rented and/or leased for personal effects and household goods, including mini-storage. A facility may contain various sized, individual compartmentalized and controlled access stalls or spaces. This use excludes workshops, warehousing, hobby shops, manufacturing, or other commercial activity.

SECTION 4. Chapter 18.40, Land Use Regulations, Table 18.40.040(D), Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to read the following:

Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall be
conducted within an entirely
enclosed building except as
otherwise designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

1. Adult uses 60

2. Animal hospitals 20, 23,
55, 57
20, 23,
55, 57
20, 23,
55, 57
20, 23,
55, 57

3. Antique shops 12, 20,
27, 55,
57 12, 20,
27, 55,
57 1, 12,
27, 55,
57 1, 12,
27, 57

4. Appliance sales, rentals, repairs,
service
20, 28,
55 5. Automated teller machinesinterior55 55 55 55 55 1, 55 55

6. Automated teller machinesexterior61 61 61 61 61 61 61 ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 3 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall be
conducted within an entirely
enclosed building except as
otherwise designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

7. Automobile leasing and renting 20, 24,
51, 55
20, 24,
51, 55
20, 24,
51, 55
1, 20,
24, 51,
55 8. Automobile parts and
accessories stores
20, 29,
55, 57
20, 29,
55, 57
20, 29,
55, 57
1, 29,
55, 57

9. Automobile repair shops 1, 28,
36 1, 28,
36 1, 28,
36 1, 28

10. Automobile sales, new and used 2, 13,
28 2, 13,
28 2, 13,
28 11. Automobile service stations 1, 28,
81 1, 19,
28 1, 19,
28, 39,
62, 81
1, 19,
28, 39,
62, 81

12. Automobile upholstery shops 2, 57 1 1

13. Automotive related sales and
installation
2 2 2

14. Bakeries 15, 20,
55, 57
15, 20,
55, 57
15, 20,
55, 57
15, 20,
55, 57
1, 15,
55, 57
15, 55,
57 15. Banks, savings and loan
associations, and other similar
lending institutions, but excluding
pawnshops
20, 55,
57, 61
20, 55,
57, 61
20, 55,
57, 61
1, 55,
57, 61
55, 57,
61 16. Barbershops and beauty shops 20, 55,
33, 57
20, 55,
57 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

17. Bars and cocktail lounges 1, 25 1, 25 1, 25

18. Bicycle shops 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

19. Bookstores 20, 55,
33, 57
20, 55,
57 20, 55,
57 1, 55,
57 55, 57

20. Bowling alleys, skating rinks and
similar recreational facilities
1 2 1 1
ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 4 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall be
conducted within an entirely
enclosed building except as
otherwise designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

21. Brewery 1, 80 1, 80 1, 80 1, 80 1, 80 1, 80

22. Building materials, new 20, 55

23. Business offices and services 20, 55,
57, 81
20, 55,
57, 81
20, 55,
57, 81
20, 55,
57, 81
1, 55,
57, 81
20, 55,
57, 81

24. Cafés and restaurants 20, 33,
55, 56,
66, 67
20, 55,
56, 66,
67 20, 55,
56, 66,
67 20, 55,
56, 66,
67 1, 55,
56, 66,
67 1, 20,
55, 56,
66, 67

25. Carwashes, automatic or coinoperated only2 1 1

26. Ceramics, stone, tile products 20, 55

27. Check cashing establishments 55, 57,
72 55, 57,
72 28. Clothing and wearing apparel
stores of new retail merchandise
only
20, 55,
57 20, 55,
57 1, 55,
57 55, 57

29. Coin-operated games and game
arcades
1, 53,
55, 57
1, 53,
55, 57
1, 53,
55, 57
1, 53,
55, 57

30. Confectionery stores 20, 55,
57 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

31. Craft and hobby shops 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

32. Dental laboratories or scientific
research centers
1 1

33. Drapery shops 17, 20,
55, 57
17, 20,
55, 57
17, 20,
55, 57
1, 17,
55, 57
17, 55,
57 34. Dressmaking and millinery shops 17, 20,
55, 57
17, 20,
55, 57
1, 17,
55, 57
17, 55,
57 35. Drive-in and drive-thru business
establishments
1, 18,
28 1, 18,
28 1, 18,
28 1, 18,
28 1, 18,
28 ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 5 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall be
conducted within an entirely
enclosed building except as
otherwise designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

36. Drug or alcohol outpatient
treatment facilities
1 1 1

37. Drugstore 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

38. Dry cleaning, laundry and
pressing establishments
20, 33 20, 55,
57 20, 55,
57 1, 55,
57 55, 57

39. Electric distribution substation 1, 55 1 1 1

40. Electronic components and
supplies
20, 58

41. Equipment (light) rentals 20, 55

42. Florist shops 20, 33,
55, 57
20, 55,
57 20, 55,
57 20, 55,
57 1, 55,
57 20, 55,
57 43. Food markets 20, 55,
57 20, 55,
57 20, 55,
57 1, 55,
57 1, 55,
57 44. Fortune telling 1, 37

45. Fire cell generator 1, 55 1, 55 1, 55 1, 55

46. Furniture and appliance stores 20, 22,
55, 57
20, 22,
55, 57
20, 22,
55, 57
1, 22,
55, 57
20, 22,
55, 57

47. Furniture, cabinet making 20, 58

48. Furniture upholstery 20, 55,
57 20, 55,
57 20, 55,
57 49. Galleries, works of art and
collections
20, 33,
55, 57
20, 55,
57 20, 55,
57 1, 55,
57 55, 57

50. Gas metering and control
stations
1, 55 1 2 2

51. Hardware stores 20, 55,
57 20, 55,
57 1, 55,
57 1, 55,
57 52. Home occupations 11 11 11 11

53. Hospitals/medical facilities 1 1 1 1
ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 6 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall be
conducted within an entirely
enclosed building except as
otherwise designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

54. Hotels and motels 1 1

55. Jewelry stores 20, 33,
55, 57
20, 55,
57 20, 55,
57 1, 55,
57 1, 20,
55, 57

56. Laundromats 2, 20,
55, 57,
81 2, 20,
55, 57,
81 2, 20,
55, 57,
81 1, 55,
57, 81
1, 55,
57, 81

57. Liquor stores, packaged off-sale
only
1, 81 1, 81 1, 81 1, 81 1, 81

58. Live/work 78 78 78 78 77, 78

59. Locksmith shop 20, 55,
57 20, 55,
57 20, 55,
57 20, 55,
57 55, 57

60. Medical clinic 2 2 2 2 2 2 2

61. Medical laboratories 2 2 2 2

62. Mobilehome sales, new and
used
2, 14

63. Motorcycle sales, repairs,
rentals, new and used
1 1 1

64. Muffler shops, automobile only 1 1

65. Multifamily dwellings 1, 34,
57 1, 34 1, 34 1, 34 1, 76

66. Newspaper publishing 1 1

67. Nightclubs 1 1

68. Nurseries and retail building 20, 55 20, 55 1, 55

69. Off-sale of alcoholic beverages 1, 39 1, 39

70. Off-site hazardous waste facility 1, 43,
45 ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 7 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall
be conducted within an
entirely enclosed building
except as otherwise
designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

71. Off-street parking facilities
privately owned and
operated
2 2 2 1 1

72. On-site hazardous waste
facility
44,
45,
55 73. On-site sale or tasting of
alcoholic beverages
1, 25 1, 25 1, 25 1, 25 1, 25 1, 25

74. Packaging and assembly of
non-hazardous products
20,
28,
58 75. Parcel delivery 1

76. Pet shops and grooming 20,
55,
57 20,
55,
57 1, 55,
57 55, 57

77. Pharmacies 20,
33,
55,
57 20,
55,
57 20,
55,
57 1, 55,
57 55, 57

78. Physical fitness clubs,
physical training including
gyms
2 2 2 2

79. Physical therapy 2 2 2 2

80. Picture frames and framing 20,
55,
57 20,
55,
57 20,
55,
57 1, 55,
57 55, 57

81. Printing and reproduction
establishments
20,
28,
55,
57 20,
54,
55,
57 20,
54,
55,
57 1, 54,
55, 57
55, 57
ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 8 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall
be conducted within an
entirely enclosed building
except as otherwise
designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

82. Private clubs, fraternities,
sororities, lodges and
institutions of nonprofit or
charitable nature
2 2 55, 57

83. Religious places of worship 1 1 1

84. Resthomes 2 2 2

85. Retail sales and personal
service businesses
20,
55,
57,
81 20,
55,
57,
81 1, 55,
57, 81
55, 57,
81 86. Satellite dish receiving
antenna
30 30 30 30 30 30 1

87. Self-Storage Facility 1, 71,
82 87.

88. Shoe repair shops 20,
55,
57 20,
55,
57 55, 57

88. 89.

Sign shops 28,
55 20,
55,
57 20,
55,
57 55, 57

89. 90.

Small boat sales and
service
20,
28,
55 90.

91. Stationery stores, including
incidental printing
20,
55,
57 20,
55,
57 1, 55,
57 55, 57

91. 92.

Studios (dance, martial arts,
music, and photography,
except motion picture)
2, 20,
55,
57 2, 20,
55,
57 1, 55,
57 1, 55,
57 92. Temporary uses 42 42 42 42 42 42 42
ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 9 OF 12
Land Use Zone
D. Commercial Uses* (Every
permitted use of land shall
be conducted within an
entirely enclosed building
except as otherwise
designated below.) P-A C-M C-N C-C C-G CPD
M-U
Overlay

93. 93.

94. Theaters 1 1 1 1

94. 95.

Trade schools 1 1 1 1 1 1

95. 96.

Truck, trailer, camper,
recreational vehicle sales,
new and used
1 96.

97. Unclassified uses 1, 48 1, 48 1, 48 1, 48 1, 48 1, 48 1, 48

97. 98.

Wireless telecommunication
facilities
45 45 45 45 45 45 1

98. 99.

Wrought-iron work shops 20,
28,
55 99.
100.

Yardage stores 20,
55,
57 20,
55,
57 1, 55,
57 SECTION 5. Chapter 18.40, Land Use Regulations, Section 18.40.050(C) (71), Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to read the following:
• Note 71. Effective March 23, 2006, Self-storage facilities as defined in Section 18.04.604 18.04.760 are not permitted in in the P-A any zone in the city; with approval of a conditional use permit provided, however, that this provision shall not effect affect self-storage facilities that are in operation or have received city entitlements prior to such date. No other self-storage facility shall be located within 1,000 feet from any other such facility.

ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 10 OF 12
SECTION 6. Chapter 18.40, Land Use Regulations, Section 18.040.050 (C), Special Use Conditions and Chart Notes, Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to add the following note:

Note 82. Self-storage facilities. The following operations and property development regulations shall apply to all new Self-storage facilities and to all existing facilities at such time as the storage area of the existing business is expanded:
a. Business Activity: The use of Self-Storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include but are not limited to the following:

1. Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travel ways.

2. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

3. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

4. The establishment of a transfer and storage business. b. Enclosure: Outdoor storage is prohibited. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units. c. Lighting:

1. Lighting shall be designed to provide safety and security and shall serve to unify and enhance the general appearance of the parcel area.

2. The installation of a specific style or type of lighting fixture shall be required to create harmony and compatibility of architectural elements.

3. Accent lighting shall be designed and incorporated to showcase key architectural features of the buildings and key elements of the landscaping and shall be subject to the approval by the Director.

4. No light shall direct or deflect glare to streets, freeways or adjacent uses.

Special attention shall be provided to ensure that illumination shall not have a negative environmental impact on the land uses surrounding a selfstorage facility.

ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 11 OF 12
d. Hazardous Materials: No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored. e. Utilities: Water, gas or telephone service to any rental space is prohibited f. Habitation: Human habitation of any rental space is prohibited.

SECTION 7. Chapter 18.44, Off-Street Parking and Loading, Table 18.44.040 (B), Title 18 of the Zoning Ordinance of the Pico Rivera Municipal Code is hereby amended to read the following:

Land Use P-A, C-N, C-M, C-C, C-G and CTP Zones
B. Commercial Uses Parking Spaces and/or Facilities Required

1. All retail stores and other
uses except as provided
elsewhere in this section
One open parking space for each 250 square feet
of net building floor area

2. Bowling alleys and skating
rinks
Two open parking spaces for each alley, and one
open parking space for each three fixed seats or
for each 30 square feet of floor area used for
assembly and/or seating purposes, whichever
provides the greater number of parking spaces

3. Hotels and motels One open parking space for each sleeping room without kitchen facilities and one space in a
garage or carport for each dwelling unit

4. Places of public assembly One open parking space for each three fixed seats or for each 30 square feet of floor area
used for assembly or seating purposes,
whichever provides the greater number of parking
spaces

5. Religious places of worship One open parking space for each four fixed seats or for each 40 square feet of floor area used for
seating purposes and educational classrooms,
whichever provides the greater number of parking
places. No additional parking required for
classrooms solely dedicated to the instruction of
children under the age of 18. Adequate instructor
parking to be provided.

ZONE CODE AMENDMENT NO. 189
ORDINANCE 1156 - SELF-STORAGE FACILITIES
PAGE 12 OF 12

6. Self-Storage Facilities One open parking space for 125 storage units, plus one parking space for each 300 square feet
of office.

6. 7.

Other applicable regulations (1, 2-b, 2-c, 3-6, 9-a, 10-22, 23) SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this article are declared to be severable.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance, and it shall take effect thirty (30) days after its passage.

APPROVED AND ADOPTED this ______ day of ___________________________, 2022 by members of the City Council of the City of Pico Rivera, voting as follows:

ATTEST:
_______________________________
Anna M. Jerome, City Clerk
________________________________
Dr. Monica Sanchez, Mayor
APPROVED AS TO FORM:
________________________________
Arnold M. Alvarez-Glasman, City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

Enclosure 2
ORDINANCE NO. _1157

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA APPROVING A ZONE RECLASSIFICATION TO CHANGE THE

ZONE DESIGNATION FROM GENERAL COMMERCIAL (C-G) TO

PROFESSIONAL AND ADMINISTRATIVE (P-A) TO ALLOW FOR THE

DEVELOPMENT OF THE PROPERTY AS A SELF-STORAGE FACILITY
AS SHOWN ON ATTACHMENT “A”AND FURTHER DESIGNATED
HEREIN AS ZONE RECLASSIFICATION NO. 327
WHEREAS, Section 18.62.230 of the Pico Rivera Municipal Code authorizes the City Council of the City of Pico Rivera, upon receipt of Resolution from the Planning Commission of the City of Pico Rivera, upon holding a public hearing, upon hearing all testimony, upon examination and review of the investigative and staff reports and upon conclusion of public hearing to make such determinations and findings of fact as deemed necessary in the best interests of all parties involved and Planning Commission recommendation to approve Zone Reclassification No. 327 to change a zoning designation; and
WHEREAS, on April 4, 2022 the Planning Commission recommended to the City Council the adoption of Zone Reclassification No. 327; and WHEREAS, the City Council of the City of Pico Rivera conducted a public hearing to consider a Zone Reclassification to change the zoning designation from General Commercial (C-G) to Professional and Administrative (P-A) for property located at 6605 Rosemead Boulevard; and
WHEREAS, Zone Reclassification No. 327 is part of a project to construct a 680 unit, 63,446 square foot four-story self-storage facility (the “Project”); and WHEREAS, the City Council of the City of Pico Rivera has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.

THE CITY COUNCIL OF THE CITY OF PICO RIVERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Based on the staff reports, presentations, public comments, Planning Commission recommendations, Pico Rivera Municipal Code, City’s General Plan, and other evidence presented at the duly noticed public hearing on this matter, the City Council hereby finds that Zone Reclassification No. 327 is essential to the public necessity, convenience, and general welfare and the Zone Reclassification is necessary to carry out the general purpose and provisions of the Pico Rivera Zoning Code and General Plan.
7b
Zone Reclassification No. 327
Ordinance 1157 - 6605 Rosemead Boulevard

SECTION 2. In accordance with Section 18.66.040 of the Pico Rivera Municipal Code, the Zone Reclassification of the herein described property at 6605 Rosemead Boulevard as more particularly described in Attachment “A” are hereby placed in the Professional and Administrative (P-A) zoned district, and further designated herein as Zone Reclassification No. 327.

SECTION 3. The Zone Reclassification shall be in accordance with the provisions of the Zoning Ordinance adopted by the City Council of the City of Pico Rivera by Ordinance No. 534, adopted April 7, 1975.

SECTION 4. In accordance with the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Section 15063, an initial study and environmental assessment was prepared and it was determined that any potential significant effect on the environment will be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration was prepared and circulated in accordance with CEQA requirements and adopted by the City Council Resolution No. _____.

SECTION 5. The City Council further finds that the proposed zone reclassification is consistent with the spirit and integrity of the Municipal Code as to the intent of Chapters

18.22 which describes the intent, purpose and applicability of the Professional and Administrative (P-A) zone.

SECTION 6. The City Council finds that Zone Reclassification No. 327 is consistent with the General Plan in that the zone change will facilitate a more viable development in order to increase the potential attractiveness of the site to surrounding area.

SECTION 7. The City Council hereby declares that it would have passed this ordinance sentence by sentence, paragraph by paragraph, and section by section and does hereby declare that the provisions of this Ordinance are severable, and if, for any reasons, any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 8. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds that there are not newspapers of general circulation published and circulated within the City. The City Clerk shall therefore cause this Ordinance to be posted in five public places within the City as specified in the Pico Rivera Municipal Code within fifteen days of its final passage and this Ordinance shall take effect thirty days following its final passage.

Zone Reclassification No. 327
Ordinance 1157 - 6605 Rosemead Boulevard

APPROVED AND ADOPTED this day of , 2022 by members of
the City Council of the City of Pico Rivera, voting as follows:

ATTEST:
_______________________________
Anna M. Jerome, City Clerk
_______________________________
Dr. Monica Sanchez, Mayor
APPROVED AS TO FORM:
_____________________________
Arnold M. Alvarez-Glasman,
City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

Zone Reclassification No. 327
Ordinance 1157 - 6605 Rosemead Boulevard

ATTACHMENT “A”
No Scale The property is legally described as that portion of Rancho Paso de Bartolo, in the City of Pico Rivera, County of Los Angles, State of California, as per map recorded in Book 6 pages 204 and 205 and in book 23 pages 55 and 56 of miscellaneous records, in the office of the County Recorder of said County, described as follows: Beginning at a point in the northwesterly line of Rosemead Boulevard, formerly Rivera and Barlow Road, 30 feet wide, as described in the deed recorded in Book 4438 Page 33 of Deeds, in the office of the County Recorder of said County, distant south 33°01’10” West 134.74 feet from the first angle point in said northwesterly line northerly of center street; thence North56°58’50” West 226.32 feet; thence north 33°05’00” East 140.35 feet; thence South 56° 49 East 225.87 feet to said northwesterly line of Rosemead Boulevard; thence South 29° 31’30” West 5.04 feet to said angel point; thence South 33°01’ 10” West 134.74 feet to the point of beginning. Except that portion of said land described in the deed to the State of California recorded February 18, 1949 as document No. 3275-R of Torrens. APN: 6370-013-014.

To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: GENERAL MUNICIPAL ELECTION - NOVEMBER 8, 2022
Recommendation:

1. Approve a resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities;

2. Approve a resolution requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 8, 2022;

3. Approve a resolution requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the El Rancho Unified School District and the Pico Water District election to be held on the date pursuant to § 10403 of the Elections Code;

4. Approve a resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022; and

5. Approve a resolution providing for a procedure for determining by lot a tie among candidates at the November 8, 2022, General Municipal Election in accordance with Elections Code Section 15651 and rescinding Resolution No. 7069.

Fiscal Impact:

The estimated cost of this General Municipal Election is $177,146 which includes the cost of four possible ballot measures. The proposed fiscal year (FY) 2021-2023 budget will include $200,000 in the City Clerk’s budget (Account No. 100.12.1200-52500, Election Costs) for all election related costs. City Clerk Staff will work closely with the County Registrar-Recorder to properly account for all municipal election results. 8 CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 14, 2022 GENERAL MUNICIPAL ELECTION - NOVEMBER 8, 2022

Discussion:

On Tuesday, November 8, 2022, a General Municipal Election is scheduled to be held for two (2) seats on the Pico Rivera City Council. The seats are currently held by Councilmember Gustavo V. Camacho and Councilmember Raul Elias. Those persons elected will serve a four (4) year term expiring in November 2026.

State law suggests Monday, July 11, 2022, as the last day on which to approve resolutions related to the November 8, 2022, election. Presented for City Council review and approval are a series of resolutions which will have the effect of calling the election, requesting election related services with the Los Angeles County Registrar-Recorder County Clerk Elections Division, setting forth regulations for candidates’ statements, and providing a procedure for determining by lot a tie among candidates at the November 8, 2022, General Municipal Election pursuant to § 15651 of the Elections Code.

Pursuant to the Federal Voting Rights Act, Los Angeles County is required to make voting material available in English, Spanish, Japanese, Chinese, Korean, Tagalog and Vietnamese. Materials in each of these required languages will be made available upon request. In addition, the sample ballot will contain instruction on how voting information in the required languages can be obtained via telephone at no cost to the voter. The demographics of Pico Rivera also require that the Voter’s Pamphlet be translated and printed in Spanish as well as English.

If a candidate chooses to have a Candidate’s Statement in the sample ballot, the candidate will be required to pay for printing of the statement in both English and Spanish. There will be a separate charge for the translation and printing.

Conclusion:

With approval of the items presented with this agenda report, Election Code requirements will be satisfied. Pursuant to the schedule of election events prepared by the County Elections Department, the candidate filing period will open Monday, July 18, 2022, and will close Friday, August 12, 2022, at 5:00 p.m. If an incumbent fails to file by Friday, August 12, 2022, the filing period will be extended to Wednesday, August 17, 2022, at 5:00 p.m.

The Secretary of State’s office will conduct the randomized alphabet drawing on Thursday, August 18, 2022, to determine the order of names on the City’s ballot.

Steve Carmona
SC:AJ
Enclosures: 1) Resolutions (5)
2) Estimated Cost of Election
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS

AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Pico Rivera, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) Members of the City Council for a four-year term which is said to expire November 2026.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall open at seven (7) o’clock a.m. of the day of the election and shall remain open continuously from that time until eight (8) o’clock p.m. of the same day when the polls shall be closed pursuant to Election Code §10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That the City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

Enclosure 1
8a
RESOLUTION NO. ____

SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

APPROVED AND PASSED this 14
th day of June , 2022.
___________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER

FULL SERVICES TO THE CITY RELATING TO THE CONDUCT OF

A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
WHEREAS, a General Municipal Election is to be held in the City of Pico Rivera, California, (the “City”) on Tuesday, November 8, 2022;
WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Pico Rivera.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County of Los Angeles to permit the County Elections Department to provide full election services.

SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Elections Department, each a certified copy of this resolution.

SECTION 4. That the City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

APPROVED AND PASSED this 14th day of June , 2022
___________________________________
Dr. Monica Sanchez, Mayor
RESOLUTION NO. ____

ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022, WITH THE EL RANCHO

UNIFIED SCHOOL DISTRICT AND THE PICO WATER DISTRICT
ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403

OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Pico Rivera, California, called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council, and WHEREAS, it is desirable that the General Municipal Election be consolidated with the El Rancho Unified School District, the Pico Water District and other Los Angeles County and State of California elections to be held on the same date and that within the City the precincts, polling places and election officers of the elections be the same, and that County Elections Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the Election be held in all respects as if there were only one Election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the El Rancho Unified School District, the Pico Water District elections and other Los Angeles County and State of California elections be held on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council.

SECTION 2. That the County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Pico Rivera, recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

RESOLUTION NO. ____

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Department of the County of Los Angeles.

SECTION 6. That the City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

APPROVED AND PASSED this 14th day of June , 2022.
___________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statement:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. GENERAL PROVISIONS: That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Pico Rivera November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will print and mail sample ballots and candidates’ statements to all voters in Spanish. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT
A. Translations:

RESOLUTION NO. ____

1. The candidate shall be required to pay for the cost of translating the candidates’ statements into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates’ statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter
pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile
pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the Candidate’s Statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual costs. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.

SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional material in the sample ballot package.

SECTION 5. That the City Clerk shall provide each candidate or the candidate’s representative with a copy of this resolution at the time nominating petitions are issued.

SECTION 6. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed.

SECTION 7. That this resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed.

RESOLUTION NO. ____

SECTION 8. That the City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

APPROVED AND PASSED this 14th day of June , 2022.
___________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APROVED AS TO FORM:
____________________________ ____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, PROVIDING FOR A PROCEDURE FOR

DETERMINING BY LOT A TIE AMONG CANDIDATES AT THE
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 15651 AND
RESCINDING RESOLUTION NO. 7069
WHEREAS, § 15651 of the Elections Code of the State of California authorizes the City Council to determine the means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal and the highest number of votes (“tie votes”) for an office to be voted upon in a city; WHEREAS, § 15651 of the Elections Code of the State of California provides that the tie vote shall be resolved in one of the following ways:
a) By Lot: The City Clerk, serving as the Elections Official pursuant to Elections Code § 320, or his or her designee, shall summon the candidates who have received the tie votes, whether upon the canvass of the returns or upon recount by a court, to appear before the City Council at a time to be designated by the City Council. The City Clerk shall at that time and place resolve the tie votes by lot (defined below).
b) By Special Election: The legislative body may resolve a tie vote by the conduct of a special runoff election involving those candidates who receive an equal number of votes. A special runoff election shall be held only if the legislative body adopts provisions of § 15651 (b) of the Elections Code prior to the conduct of the election resulting in the tie vote. All future elections conducted by that body shall be resolved likewise, unless the legislative body later repeals the order for the conduct of a special runoff election.

WHEREAS, the City Council desires that any tie vote resulting from the November 8, 2022 General Municipal Election be resolved by lot.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pico Rivera as follows:

SECTION 1. That pursuant to § 15651 of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, the tie votes shall be resolved by lot. “By lot” means, by deciding the matter through implementing a method of chance, in order to afford each candidate receiving tie votes a fair opportunity at election.

SECTION 2. That the City Council has the authority to resolve tie votes by lot, by implementing various methods of chance, including, but not limited to, a coin toss, RESOLUTION NO. _____

generation of random number, or drawing of names. In the interest of maintaining decorum, fairness and transparency, the method implemented for resolving tie votes in the November 8, 2022 General Municipal Election shall be the drawing of names, in accordance with the following procedure:

The City Clerk shall type the name of each candidate who has tied for office on a separate, but identical piece of paper, which shall be folded and deposited into a container and mixed so that the pieces of paper become indistinguishable. The City Clerk, or his or her designee, shall then draw from the container as many pieces of paper as there are seats on the City Council to be filled by the candidates who have tied. The candidate(s) whose name(s) appear(s) upon the drawn piece(s) of paper shall be deemed elected.

SECTION 3. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall be repealed upon the City Council’s declaration of election results.

SECTION 4. That Resolution No. 7069 calling for a special runoff election is repealed.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND PASSED this 14th day of June , 2022.
_____________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

Enclosure 2
8b
To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: APPROVE A RESOLUTION INCORPORATING A LIST OF
PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY
SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
Recommendation:

1. Approve a resolution incorporating a list of projects for fiscal year (FY) 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.

Fiscal Impact:

The revenue the City will receive from Senate Bill 1- Road Repair and Accountability Act of 2017 is projected at $1,398,556. The State requires that the City Council approve a resolution appropriating such funds for road resurfacing project(s) and eligible construction work by submitting the approved resolution by or before July 1, 2022.

It is recommended that next year’s funding allocation for SB1 (Fund 202) for FY 2022- 23 in the estimated amount of $1,398,556 be allocated the new Residential Resurfacing Program – Slurry and Cape Seal Project in the amount of $1,200,000. The remaining balance of $198,556 would be allocated to Public Works operational needs, such as engineering staff time overseeing the road resurfacing projects, in accordance with SB1 guidelines.

Discussion:

On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1 - Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local street road system. SB 1 increases by 12 cents per gallon the fuel excise taxes, increases by 20 cents per gallon the diesel fuel sales taxes, increases vehicle registration fees with rates based on the value of the vehicle and provides for inflationary adjustments to tax rates in future years.

Gas and diesel tax increases were effective November 1, 2017 and the registration fee increase was effective January 1, 2018.
9 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022

APPROVE A RESOLUTION INCORPORATING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

Beginning November 1, 2017, the State Controller deposited various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). The City is projected to receive $1,398,556 in FY 2022-23.

Prior to receiving an apportionment of RMRA funds from the Controller each fiscal year, the City must submit to the Commission a list of projects proposed to be funded with these funds. Pursuant to Streets and Highways Code Section 2034, all projects must be adopted via resolution by the applicable legislative body at a regularly scheduled public meeting. The list of projects must include a description of the type of improvement, the location of each proposed project, a proposed schedule for completion and the estimated useful life.

Conclusion:

Staff recommends approval of the resolution allocating the estimated $1,398,556 in FY 2022-23 SB1 funds (Fund 202) to the new Residential Resurfacing Program – Slurry and Cape Seal Project citywide in the amount of $1,200,000. The remaining balance of $198,556 would be allocated to Public Works operational needs, such as engineering staff time overseeing resurfacing projects, in accordance with SB1 fund guidelines.

Steve Carmona
SC:TR:LO:MPC:ll
Enclosure: 1) Resolution
ENCLOSURE 1
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, ADOPTING LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1 - ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 FUNDS
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Pico Rivera (the “City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year;
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement;
WHEREAS, the City, will receive an estimated $1,398,556 in RMRA funding created by SB 1 in Fiscal Year 2022-23;
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1;
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “poor” condition and this revenue will help the City increase the overall quality of our road system and over the next decade will bring our streets and roads into an “excellent” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure focuses on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, which will have significant and positive co-benefits statewide. 9a
RESOLUTION NO. ____

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following previously proposed and adopted project will utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the listing of these roadway segments in the approved resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance Rehabilitation revenues:

Description Location Estimated Useful
Life
Anticipated Year
of Construction
Road
Resurfacing
Program- Slurry
and Cape Seal
Project
North Zone (north
of Whittier
Boulevard), Central
Zone (north of
Washington
Boulevard) and
South Zone (north
of Telegraph Road)
15 Years 2022/23
Public Works
Operational
Needs
Citywide 7/1/22 - 6/30/23 2022/23
SECTION 3. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 14th day of June, 2022.
__________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: EMERGENCY STORM DRAIN REPAIR AT 8672 PICO
VISTA ROAD – (CIP NO. 50040)
Recommendation:

1. Approve a resolution determining that the repair of the storm drain at 8672 Pico Vista Road constituted an emergency, and that it was necessary to perform said work without the benefit of formal bidding;

2. Ratify the emergency repair to the storm drain at 8672 Pico Vista Road and authorize payment to Sancon Technologies Inc. (Sancon). in the amount of $186,635;

3. Amend the fiscal year (FY) 2021-22 adopted budget by appropriating additional funding in the amount of $50,000 in Measure W Funds to Account No. 209.70.7300.54500-50040 (Measure W Funds); and

4. Approve the Notice of Exemption (NOE) for the subject project and authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA).

Fiscal Impact:

The FY 2021-22 Adopted Budget (Account No. 209.70.7300.54500.50040 – Measure W Funds) will require additional funding in the amount of $50,000 in Measure W Funds to cover the cost of the emergency storm drain repairs and additional contingency for unforeseen conditions to complete the work.

Discussion:

An existing 175 foot long, 58-inch by 36-inch oval corrugated metal pipe located along the 8672 Pico Vista Road property line from the street inlet to the outfall into the San Gabriel River, is one of six main storm drain lines that carry runoff water for the southeast quadrant of the City from Slauson Avenue to Telegraph Road and from Serapis Avenue to the San Gabriel River. The first 135 feet of the pipeline from the inlet to the outfall is 10 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 EMERGENCY STORM DRAIN REPAIR AT 8672 PICO VISTA ROAD – (CIP NO. 50040)

made of corrugated metal pipe after which the line transitions to reinforced concrete pipe for the remainder of the length. A portion of the line collapsed in the vicinity of the adjacent residence and the public right-of-way causing the existing grass area and sidewalk to cave in creating a forty inch deep by seventeen feet long hole in the ground.

In order to prevent any further collapse, damage to the private property or public infrastructure, and preserve public safety, it was determined that the best course of action was to repair the pipeline pursuant to the emergency provisions in the Pico Rivera Municipal Code Section 3.48.110 – “Procedures for Emergencies” and pursuant to Public Contract Code Sections 22035 and 22050(a)(1)(2). This allows staff to immediately solicit bids from qualified contractors to make the necessary emergency repairs.

On March 31, 2022, staff conducted a job walk with three (3) contractors experienced in pipeline work and solicited informal bids for the repair of the storm drain line. The City received the following bids:

Contractor Amount

1. Sancon Technologies Inc. $186,635

2. Downstream Services Non-Responsive

3. Tri Star Contractors Non-Responsive
Sancon started construction on April 20, 2022 and completed all the repair work on April 29, 2022. Construction management and inspection services were provided by City staff from the Engineering and Utilities Divisions of the Public Works Department.

Environmental Analysis:

Pursuant to the guidelines from the California Environmental Quality Act (CEQA), the project is categorically exempt under Class 1(c) for the repair of existing facilities (Enclosure 3).

Conclusion:

Due to the immediate attention required to mitigate safety concerns and prevent further collapse and damage to private property and public right-of-way infrastructure, staff solicited informal bids to complete the emergency repair work. Staff recommends payment to Sancon in the amount of $186,635 for the emergency work completed. The City Attorney has reviewed and approved the attached resolution and Emergency Maintenance Service Agreement (Enclosures 1 and 2).

Steve Carmona
SC:TR:NC:AR;ll
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022
EMERGENCY STORM DRAIN REPAIR AT 8672 PICO VISTA ROAD – (CIP NO. 50040)

Enclosures: 1) Resolution
2) Maintenance Service Agreement/Exhibit A, B, C, and D 3) Notice of Exemption
ENCLOSURE 1
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,

CALIFORNIA, DECLARING THE REPAIR OF A CORRUGATED METAL

STORM DRAINPIPE AN EMERGENCY SITUATION AND AWARDING THE

EMERGENCY REPAIR OF THE STORM DRAIN LINE TO SANCON
TECHNOLOGIES INC. (SANCON), A CALIFORNIA CORPORATION

WITHOUT FORMAL BIDDING PROCEDURES
WHEREAS, on or about March 29, 2022, a major collapse of the storm drainpipe at 8672 Pico Vista Road caused significant damage to private property and Public infrastructure; and
WHEREAS, it is necessary to repair the storm drain line immediately in order to mitigate safety concerns and minimize any further damage to private property and public infrastructure in the City of Pico Rivera.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The City Council finds that the immediate repair of the collapsed storm drainpipe in the City of Pico Rivera constitutes an emergency pursuant to the Pico Rivera Municipal Code Section 3.48.110, Public Contract Code Section 22035, and 22050 because:
a. The corrugated metal storm drainpipe is a major storm water outfall in the southeast section of the City of Pico Rivera that diverts storm water to the San Gabriel River.
b. This situation has caused damage to public infrastructure and to the adjacent private properties along the storm drain line. It is probable that the City will encounter additional rainy weather before the end of this calendar year, and it is therefore reasonably foreseeable that additional pipe failures may occur.
c. The urgent nature of this repair work and importance of this infrastructure could not accommodate the customary timeline resulting from a competitive solicitation for bids and bid award processes.

SECTION 2. The City sent requests for bids for repair work to three qualified repair companies. Sancon Technologies, Inc. was the only responsive bid received.

SECTION 3. The City Council awards the work to Sancon Technologies, Inc. (Sancon), and authorizes the City Manager to execute a contract for repair of the storm drain line with Sancon in substantially the form attached hereto as “Enclosure 2” and such other ancillary documents reasonably necessary to effectuate the intent of this resolution. 10a
RESOLUTION NO. ____

SECTION 4. The City Clerk shall attest to the passage of this resolution, and it shall go immediately in full force and effect.

APPROVED AND PASSED this 14th day of June 2022.
_________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

ABSENT:

ABSTAIN:

ENCLOSURE 2
AGREEMENT NO. _____

MAINTENANCE SERVICES AGREEMENT BETWEEN
THE CITY OF PICO RIVERA AND SANCON TECHNOLOGIES, INC.

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of April 4, 2022, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Sancon Technologies Inc, a California Corporation (“Contractor”).

Contractor’s license number is 774055 (A, B, C10, C31); Contractor’s DIR registration number is 100008879.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the Project identified as Emergency Storm Drain Repair at 8672 Pico Vista Rd; CIP No. 50040 (“Project”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated April 1, 2022, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work. Extra Work, when ordered in writing by the Director of Public Works and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for Extra Work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works. All Extra Work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the Director of Public Works, and signed by both parties; and the daily report shall be considered thereafter the true records of Extra Work done.

3. Term. Contractor shall commence work within 7 days after the City provides Contractor written Notice to Proceed. All work shall be completed for acceptance within 30 days following the delivery of the Notice to Proceed. After issuance of the Notice to Proceed, the City may, at any time and without cause, terminate or suspend the work, or any portion of it, for a reasonable period of time by giving at least 72 hours advance written notice to the Contractor. This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City’s approval, but in no event later than June 30, 2022, unless sooner terminated pursuant to Section 12 or extended by written amendment pursuant Section 35 of this Agreement.

4. Time of Performance.

A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
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2) City gives Contractor a written Notice to Proceed.

B. Should Contractor begin work in advance of receiving written Notice to Proceed, any such professional services are at Contractor’s own risk.

5. Time. Time is of the essence in this Agreement.

6. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either Party shall be considered a cause to excuse delay pursuant to this Section. Each Party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.

7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed One Hundred Eighty-Six Thousand Six Hundred Thirty Five Dollars ($186,635), in accordance with the prices as submitted in Exhibit B.

8. Payments. Contractor shall submit to City an invoice, on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts.

City shall make payments within 30 days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven days after receipt, and shall explain in writing the reason(s) why the payment request is not proper.

9. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.

10. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

11. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work but Maintenance Services Agreement No. ____
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shall proceed with the performance of the Work in Dispute. Contractor shall retain any and all rights provided, pertaining to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to this Agreement, and the consideration and payment of such clams, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein.

Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 904 and Article 1.5 (if applicable) and must then adhere to Article 1.5 and Section 9204, as applicable.

12. Termination. Contractor acknowledges and accepts that this Agreement is made pursuant to the City’s emergency procurement authority under Pico Rivera Municipal Code Section 3.48.110 and Public Contract Code 22050. As such, the City may terminate this Agreement at any time with or without cause in accordance with the above referenced emergency procurement authority with three (3) days written notice to Contract.

Notwithstanding the preceding, the City may terminate this Contract with or without cause at any time and without penalty upon ten (10) days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.

In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.

13. Indemnification.

A. Indemnities for Third Party Claims.

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1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful Maintenance Services Agreement No. ____
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misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall 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, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. 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. The indemnities in this Section 13 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 13 shall survive the expiration or termination of this Agreement.

E. Nonwaiver of Rights. Indemnities do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify against any such negligence.

F. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnities.

14. Insurance Requirements for City of Pico Rivera Public Works Contract.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

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2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall be required to execute a declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.

Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.

C. Additional Insured. The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Project, regardless of any inconsistent statement in the policy or subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 14 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 14 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce, or otherwise modify the insurance policies required by this Section 14 during the term of this Agreement. The commercial general and automobile liability policies required Maintenance Services Agreement No. ____
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under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section 14 is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 14. The endorsements are subject to City’s approval.

Contractor shall provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current insurance certificates and endorsements on file with City’s Risk Manager at all times during the term of this Agreement. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the CITY OF PICO RIVERA and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 13 of this Agreement.

K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 14.

L. Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable Maintenance Services Agreement No. ____
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cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

M. Subcontractors. Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all the Contractor’s insurance policies.

15. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the Parties.

16. Familiarity with Work.

A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of services to be performed;
2) Carefully considered how the services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.

17. Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:

A. The presence of any materials that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; Maintenance Services Agreement No. ____
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B. Subsurface or latent physical conditions at the site differing from those indicated in the Scope of Services;
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement.

Pending determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a Change Order.

In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the Parties.

18. Utilities Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the Scope of Work. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed damages for delay arising from the removal or relocation of such unidentified utility facilities.

19. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Maintenance Services Agreement No. ____
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Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference. Due to the emergency nature, this Project is not covered by the CWA. However, the Project shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the City.

21. Workers’ Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.”

22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7 or any other Federal or State law providing for the debarment of contractors from public works. If the Contractor of any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

24. Compliance with Laws. Contractor shall comply with all applicable Federal, State and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.

25. Payment Bond. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Maintenance Services Agreement No. ____
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Agreement shall be read to excuse this requirement. The Payment Bond shall comply with requirements of California Civil Code § 9554 and issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or such other form approved by the City Attorney and shall remain in effect until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.

26. Substitution of Securities. Pursuant to Public Contracts Code Section 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under the Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this State as the escrow agent, who shall then pay those monies to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.

27. Contractor’s Representations. Contractor represents, covenants and agrees that:
a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

28. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

30. Non-Assignability; Subcontracting. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s Maintenance Services Agreement No. ____
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prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of the City.

31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.

32. Attorneys’ Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

33. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

34. Authority. The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.

35. Integration; Amendment. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

36. Incorporation by Reference. All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, Community Workforce Agreement, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire Maintenance Services Agreement No. ____
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Agreement between the Parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.

37. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and Integrated Agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both Parties which expressly refers to this Agreement.

38. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the Party who drafted this Agreement or who drafted that portion of this Agreement.

39. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

40. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City:

Terry Rodrigue, P.E.

Interim Public Works Director / City Engineer
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
To Contractor:

The address listed in Exhibit B.

41. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

Maintenance Services Agreement No. ____
SANCON TECHNOLOGIES, INC.

42. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
[signatures begin on next page]

CITY OF PICO RIVERA
By: _______________________________
City Manager
ATTEST:

By: ______________________________
City Clerk
APPROVED AS TO FORM:

By: ______________________________
City Attorney

CONTRACTOR
___________________________________
___________________________________
By: _______________________________
Printed Name: ______________________
Title: ______________________________
By: _______________________________
Printed Name: ______________________
Title: ______________________________
ENCLOSURE 2
Exhibit A

EXHIBIT A
Scope of Work
for
Emergency Storm Drain Line Repair at 8672 Pico Vista Rd • Traffic control
• NPDES Compliance
• Cleaning 175 feet of storm drain line
• Installation of resin composite liner (200 feet) from catch basin to San Gabriel outlet
• Pre and post video inspection
• Import, backfill and compact void in private property and public right-of-way • Remove and replace sidewalk
ENCLOSURE 2
Exhibit B

EXHIBIT B
Contractor’s Proposal
Exhibit C

EXHIBIT C
Terms for Compliance with California Labor Law Requirements

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate Exhibit C

payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply, subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprentice able occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that each Exhibit C

subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.

Exhibit D

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. __________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of PICO RIVERA (“Public Agency”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows Emergency Storm Drain Repair at 8672 Pico Vista Rd; CIP No. 50040 WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _________________________________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Exhibit D

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:
“Surety”
By:

Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

ENCLOSURE 3
10c
To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: CONFLICT OF INTEREST CODE BIENNIAL REVIEW
Recommendation:

1. Direct the City Clerk’s Office to notify City departments and applicable agencies to review their Conflict-of-Interest Code pertaining to designated employees to determine if any changes or amendments are necessary.

Fiscal Impact:

There is no fiscal impact to this action.

Discussion:

The Political Reform Act requires a biennial review of the City’s Code in even-numbered years (Government Code Section 87306.5). The City’s Code requires designated officials and employees to disclose sources of income, interests in real property, investments and business positions if such interests are located within the jurisdictional boundaries of the City of Pico Rivera.

The City Council must notify City departments and agencies not covered under the City’s Conflict-of-Interest Code (Code) to review its Code no later than July 1 of each even numbered year and submit a biennial notice to the City Council by October 1, 2022.

Tonight’s Council action presents the first step in the Code review process. As directed by City Council, the Code will be reviewed to determine whether the position classifications and/or disclosure categories are accurate. Staff will then notify the City Council of any required amendments and present the City Council with an updated Conflict-of-Interest Code for Council review and approval. A proposed amended Code is not effective until approved by the City Council.

Steve Carmona
SC:AMJ
11 To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL
SERVICES AGREEMENT NO. 16-1674 WITH GRM

INFORMATION MANAGEMENT SERVICES FOR

STORAGE, DESTRUCTION, SHREDDING, IMAGING AND

RECORDS MANAGEMENT SERVICES
Recommendation:

1. Approve Amendment No. 2 to Professional Services Agreement No. 16-1674 with GRM Information Management Services for storage, destruction, shredding, imaging and records management services in an amount not-to-exceed $70,000 in a given fiscal year.

Fiscal Impact:

The proposed fiscal year (FY) 2022-23 budget includes $70,000 annual service fee for offsite records storage, shredding, destruction and imaging in the City Clerk General Fund 100.12.1200-54500 ($30,000) and in the Community and Economic Development Department General Fund 100.30.3010-54400 ($40,000).

Background:

In June 2016, the City of Pico Rivera (City) entered an agreement with GRM Information Services (GRM) for shredding services and the preservation of records storage and management services of all municipal operations adding layers of protection and aide in effective management of the City’s records while conforming to best practices for the preservation of municipal records. At the June 25, 2019 City Council meeting, the agreement was amended and extended for an additional three (3) years to include document imaging services.

Discussion:

The City is seeking to renew the contract with GRM for an additional three (3) years.

The terms and conditions of the contract would remain the same with a slight increase in cost (Exhibit A-2). Although there is a slight increase in cost, the amount is not-toexceed $70,000 in a given year for all services. The amendment would allow for the 12 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 16-1674 WITH GRM INFORMATION MANAGEMENT SERVICES FOR STORAGE,

SHREDDING, IMAGING AND RECORDS MANAGEMENT SERVICES

completion of the Community and Economic Development and Public Works departments document imaging project that includes the scanning of address files, conditional use permits, engineering drawings, building plans, and maps. Due to COVID-19 pandemic, the document imaging project was delayed and the cost was not expended for the digital scanning portion of the project.

In the past three (3) years, GRM has met the City’s expectations in regard to document storage, destruction and shredding services; therefore, the City now desires to amend the professional services agreement by extending the contract for an additional three (3) years. The scope of Amendment No. 2 entails document imaging services designed to facilitate the conversion of paper files or microfilms to electronic images, electronic document storage and retrieval services designed to electronically store the City’s scanned documents and allow the City to access and retrieve the stored documents in addition to the professional services currently being provided to the City such as the storage and destruction of records and shredding services.

Conclusion:

The City recognizes that GRM is a reliable and convenient facility located in the City of Pico Rivera to uphold the necessary services. In an effort to ensure the City continues to get the best practices for the preservation of municipal records, it is recommended that the City Council approves Amendment No. 2 to Professional Services Agreement No. 16-1674 with GRM Information Management Services for the aforementioned services.

Steve Carmona
SC:AJ:GM
Enclosures: 1) Amendment No. 2/Exhibit A-2 and Exhibit B-2) 2) Amendment No. 1
3) Agreement No. 16-1674
AGREEMENT NO. 16-1674-2

PROFESSIONAL SERVICES AGREEMENT

BETWEEN GRM INFORMATION MANAGEMENT SERVICES AND

THE CITY OF PICO RIVERA
THIS SECOND AMENDMENT (“Second Amendment"), effective as of the date specified in paragraph 5 hereof (“Effective Date”), is made and entered into by and between the CITY OF PICO RIVERA (“City”), and GRM Information Management Services of California, LLC, a Delaware limited liability company (“Consultant”).

RECITALS
A. City and Consultant (collectively referred to as the “Parties”) have previously executed that certain Professional Services Agreement No. 16-1674, dated June 8, 2016, as amended by that First Amendment to Professional Services Agreement No. 16-1674-1 (“Agreement”), relating to document storage and related services in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 4 and 26 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM.

Commencing as of the Effective Date of this Second Amendment, the Term of the Agreement is hereby extended for an additional three (3) year period to May 31, 2025 (the “Second Renewal Term”).

2. SCHEDULE OF CHARGES.

The Schedule of Charges included as Exhibit A and Annex A in the Agreement shall hereby be supplemented by Exhibit A-2 to this Second Amendment. The Schedule of Charges included in Exhibit A-2 shall be applicable to the services performed during the Second Renewal Term.

3. STATEMENT OF WORK.

The Statement of Work included as Exhibit B and Annex B in the Agreement shall hereby be supplemented by Exhibit B-2 to this Second Amendment. The Statement of Work included in Exhibit B-2 shall be applicable to the services performed during the Second Renewal Term.

4. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Consultant shall remain in Enclosure 1
12a
Agreement No. 16-1674-2
GRM Information Management Services

full force and effect.

5. EFFECTIVE DATE.

Unless otherwise specified herein, this Second Amendment shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes this Second Amendment.

IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed and attested by their respective officers hereunto duly authorized. “City” “Consultant”

CITY OF PICO RIVERA GRM INFORMATION MANAGEMENT
SERVICES OF CALIFORNIA, LLC.
______________________________ _________________________________ Steve Carmona, City Manager Name, Title
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Billable Measurement Rate Unit

1.0 $0.3200 Cubic Foot
Rate Unit
$3.50 Cubic Foot
$3.50 Cubic Foot
$3.50 Cubic Foot
$5.00 Per Item
$4.50 Per Item
$65.00 per hour
$10.00 Cubic Foot
$5.50 Per Item
$5.75 Cubic Foot
$8.80 Cubic Foot
$5.00 per occurrence
Rate Unit
tbd per trip
$46.00 per trip
$2.50 Each Additional CuFt
$18.00 trip surcharge
$18.00 trip surcharge
$65.00 trip surcharge
$65.00 trip surcharge
Rate Unit
$3.25 each
$4.75 each
$5.50 each
$3.75 each
$3.20 each
Rate Unit
$65.00 per hour
$405.00 per month
$21.66 per order
$120.00 per hour

0.000 each
tbd per room
$1.50 cubic foot
$0.50 per item

2.50 per cubic foot
$ 20.00 monthly
Rate Unit
$ 25.00 Image
$ 0.20 Per Image
Scan on Demand
Scan on demand - includes the first 50 images ( next day service) Standard GRM Hours: 8:30am to 5:00pm; Monday Through Friday excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. During non-standard hours service is available Monday through Sunday, at the rate of time and a half the City of Pico Rivera
Account #: 03000625
Date: April 18, 2022
Record Center Storage
Per cubic foot rate
June 1, 2022 through
May 31, 2025
Storage charges are based on a 30-day billing period and are adjusted to reflect the actual number of days in a month.

Record Center Services
Containers Added
Container Access
Container Refiled
Files Added (any additional files being barcoded for the first time) Access File for Delivery or Files Refiled
File Search
Rush Reference Surcharge (plus retrieval charges)
Shredding - per file (plus retrieval and Handling charges) Each additional
A.M. Service-order by 4:30 p.m., Receive by 12:00 p.m. next business day Same Day Service-order by 12:00 p.m., Receive by 5:00 p.m. that day Shredding (plus retrieval and Handling charges)
Permanent Removal (plus retrieval charges & record changes) Late Reference
Pick-up/Delivery Services
Next Day Regular Service (Includes First Item)-order by 4:30 p.m., Receive next business day by 5:00 p.m. Zone 1 ( Within 10 miles)
Fuel Surcharge
Morning Rush Service-order by 4:30 p.m., Receive next business day by 9:30 a.m.

Emergency Service-order by 4:30 p.m., Receive within 3 hours of request Materials - Subject to market change
GRM 1-Archive Box
GRM 4-Letter Box
GRM 3-Legal Box
GRM 8-Push Down Carton Archive
Sheets of Barcode Labels
Other Services
Records Center Hourly Services
Storage Monthly Minimum
Minimum Service Order Charge
Dock Access Fee for Pick Up
Account Maintenance Fee - Billing under $500.00/month
Off-Hour opening-3 hour minimum
File Folder Tracking
Client Access Room Charge (to be quoted upon request)
Handling Charge
Record Change (any manual database change)
1 Document Conversion Services
Revised
Statement of Work
April 18, 2022
Project Overview
The City of Pico Rivera (The City) is requesting a revised proposal that only includes document scanning conversion services and to cancel the signed hosting agreement and invoices related to Hosting. Our original scanning rates were adjusted due to the 2+ years the City postponed the work due to the pandemic. Since that time, labor and associated scanning costs have risen dramatically.

We revised the proposal and discounted current scanning rates that were set with the December 8, 2022 for VisualVault, GRM’s hosted document management agreement. The City requested GRM to now cancel the Hosting agreement and related invoices. By signing this scanning-only agreement, GRM has agreed to void the Hosting agreement and related invoices, however, the discounts on scanning can no longer be honored. This new agreement is for scanning only with rates based on the related Statement of Work (SOW) with rates adjusted for the Community/Economic Development Department and Public Works Department.

Inventory Estimates
A. Community/Economic Development Department

1. Address files
Indexing
“Address #_Address Name_Unit.pdf- City to confirm Indexing requirements and load file format 2 • Some folders have multiple addresses on tabs- each address in file has a yellow separator sheet with the address to index
• File contents:
o Large Format
o Triplicate forms
o Newspaper articles
o old paper and faded
o photos
Community/Economic Development Department

2. Conditional Use Permits
• Indexing- -City to confirm Indexing requirements and load file format File contents:
o Many Large Format Drawings
o No Seals
o Photos
o old paper and faded
o Overhead slides
o Newspaper Articles
o Bldg. samples
B. Public Works Department
Engineering
Large Format Drawings

• Indexing- -City to confirm Indexing requirements and load file format • Index Fields- Address- Confirm with City on Indexing requirements File Contents:
o Mylar Drawings
o Old & Faded Drawings
o Some drawings in poor condition
________ Initial. The City will provide GRM a master file list in digital format for GRM to reconcile the quantity scanned and to compare results as part of the QA process. 3 Scanning Conversion Services GRM will provide labor and equipment for the projects to include:

Doc Prep–GRM will remove all staples, clips, folded pages and any other binding elements. In addition, GRM will tape down post it notes to ensure they are not covering information. GRM will leave the pages in the exact order as received. GRM will place the pages back in the files but will not re-prep the files by re-stapling, etc.

Document Scanning –All documents are to be fed through production scanners utilizing the latest in image enhancement software.

At the beginning of each shift, the scan operator performs the following functions:

1. Vacuum interior of scanner including all optics, glass plates, rollers, mirrors and surrounding areas to remove collected paper dust.

2. Clean all rollers with approved cleaning solutions according to manufacturing instructions.

3. Clean all glass surfaces with approved cleaning solutions according to manufacturing instructions.

Vacuum and clean document feeder tray to remove any potential obstacles Quality Control – Quality is an integral part of each process function as well as an overall culture at GRM. GRM has incorporated the latest in image quality and indexing accuracy at every step throughout our scanning process.

GRM IMAGING CENTER QC STANDARDS OVERVIEW
Image Tracking
• Tracks documents from receipt to delivery
• Records time, date and operator at each step
• Enables location and check-out of in-process documents • Audit reporting ensures all items received are processed Document Preparation Q/C
• Certification process for document identification via pre-indexing • Ensures document preparation clerks identify and classify document per client specifications
Visual Image Q/C
• Reprocess poorly scanned images
• Provides “Six Sigma” image quality
Double-Pass Indexing & Q/C Via Database Verification
• “Key-field” index will be manually entered by two separate Operators and matched through an exception handling software program. Any discrepancies will be flagged and reviewed for accuracy.
• Matches “key-field” indices of scanned documents to client-supplied database record • Allows capturing additional index values from the database • Typically provides Six Sigma index accuracy
Index Q/C Visual Inspection
• 100% visual inspection of Indices
• Provides enhanced accuracy compared to single pass indexing 4 Scanning Conversion Service Fees:

Std. Document Scanning -B&W300 dpi $0.1050/Image
Lg. Format Document Scanning $1.40/image
OCR (Optical Character Recognition) Included
Document Preparation for Scanning Included
Double Pass Indexing Included
Barcoded labels for transport boxes per SOC’s
Secure storage of the files in GRM’s Record Center (90 days) Included Box Range Index and Transport to GRMs secure Records Center per SOC’s Certified Destruction (Initial 90-days free storage) per SOC’s Secure link to download or a hard drive provided by the City *Invoices will be based on actual number of images scanned Note:

For file requests during the project, GRM will provide 5 file requests at no charge per month (scanning fee will apply). Additional files will be billed as per SOC’s.

The barcoded boxes are stored in GRM’s secure record center to ensure that you have time to verify the image quality and index integrity (90-Days). After the QA period is over, the City can elect to have the material moved to long term storage under the current City agreement, delivered back to City, or upon receipt of written authorization, have the material NAID certified destroyed and provide City with a certificate of destruction. After the documents have been prepped, scanned, quality control checked, and indexed, the imaged files will be uploaded via secure link or hard drive (provided by customer).

All above fees will be based on the current CITY/GRM Document Storage Agreement & Schedule of Charges.

AGREED TO:

City of Pico Rivera GRM Information Management Services Name _ Name
Signature Signature
Title _ Title
Date _ Date
Enclosure 2
12b

Enclosure 3
12c

To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 18-
1807 WITH S&S LABARGE GOLF, INCORPORATED FOR

PICO RIVERA GOLF COURSE MANAGEMENT SERVICES
Recommendation:

1. Approve Amendment No. 5 to Agreement No. 18-1807 with S&S LaBarge Golf, Inc. (S&S LaBarge) for Pico Rivera Golf Course (Golf Course) management services.

Fiscal Impact:

The fiscal year (FY) 2022-23 adopted budget includes $48,000 in the Golf Course Fund (Account No. 570.16.1620-56200) for related management services costs of $4,000 per month. No additional appropriations are required.

Background:

In 2018, the City of Pico Rivera (City) signed an agreement with S&S LaBarge to provide management services for the Pico Rivera Golf Course. Over the past four (4) years, the Golf Course contract has been amended on four (4) different occasions for a variety of reasons, the main reason being the introduction of the United States Army Corps of Engineers’ (USACE) need to take back their land in order to mitigate the issue with the Whitter Narrows Dam Safety Project (WND Project). The current contract is set to expire on June 30, 2022. S&S LaBarge is an extremely responsible and reliable contractor that provides quality services and programs to the Community of Pico Rivera.

In late 2020, the USACE informed the City that the WND Project would commence in September 2021, resulting in a partial closure of the Golf Course. S&S LaBarge committed to providing continued operations of the Golf Course through this period; in fact, once the USACE came to the course and removed several holes for construction purposes, S&S LeBarge and their team, created a new layout for the 9-hole course within a 72-hour period to ensure a fully operating course could continue to be provided 13 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 18-1807 WITH S&S LABARGE

GOLF, INCORPORATED FOR PICO RIVERA GOLF COURSE MANAGEMENT

SERVICES

to the residents. As a result of S&S LeBarge’s creativity and swift action, the Pico Rivera Golf Course has remained open the entire time the USACE has been on site during FY 2021-22.

Discussion:

Currently, the Golf Course is being allowed to stay open with both USACE and City support. This enclosed Amendment No. 5 with S&S LaBarge will allow for continued oversight of the course and banquet services area until June 30, 2023. Amendment No. 5 also provides the ability to extend the contract with two (2) one-year additional amendments in the event the USACE allows the City more time to utilize the land.

In addition, Amendment No. 5 releases the deficit liability assumed by the vendor during the time-period where we are sharing space with the USACE at the Golf Course. As neither the city nor the vendor can assuredly predict what will happen in the foreseeable future, the vendor cannot be held liable for situations arising that are beyond their control. While S&S LaBarge are doing their best to ensure revenue generating opportunities are sought after, the vendor is limited by USACE requirements; the City staff acknowledges that optimistic revenue predictions may not be realized.

Since September 2021, when USACE assumed partial control of the Golf Course; S&S LeBarge redesigned and modified the course layout. Since the modification of the course occurred in October 2021, and the threat of an impending closure loomed, the golf course has seen a drop in daily and monthly attendance. Currently, the golf course continues to remain open while both the City and S&S LeBarge work in partnership to advertise in an effort to increase attendance. Even with this decrease in attendance, the golf course is finding great success with its banquet services.

As we continue to work with the USACE, we hope to regain access of the driving range, which is a popular draw to those visiting the course. We will continue to update the City Council on the status of the course and USACE’s plans for the future as it pertains to Golf Course operations.

Conclusion:

Staff recommends approving Amendment No. 5 with S&S LaBarge so that Golf Course operations may continue without interruption into FY 2022/23.

Steve Carmona
SC:PY
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022
APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 18-1807 WITH S&S LABARGE

GOLF, INCORPORATED FOR PICO RIVERA GOLF COURSE MANAGEMENT

SERVICES

Enclosures: 1) Amendment No. 5
2) Amendment No. 4
3) Amendment No. 3
4) Amendment No. 2
5) Amendment No. 1
6) Agreement No. 18-1807
Pico Rivera Municipal Golf Course Management Services Page 1 of 4 AMENDMENT NO. 5

TO THE CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
S&S LABARGE GOLF, INC., AGREEMENT NO. 18-1807
THIS AMENDMENT NO. 5 TO AGREEMENT NO. 18-1807 FOR
CONTRACTUAL SERVICES WITH S&S LABARGE GOLD, INC., (“Amendment No. 5”), effective as of the date specified in Item 1 hereof, is made and entered into by and between the CITY OF PICO RIVERA, a municipal corporation ("CITY"), and S & S LaBarge Golf, Inc., a California Corporation ("CONTRACTOR"). The CITY and the CONTRACTOR are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS
WHEREAS, the CITY and CONTRACTOR are Parties to Agreement No. 18- 1807, effective on or about April 24, 2019 (the “Agreement”), Amendment No. 1, effective on or about May 28, 2019, Amendment No. 2, effective on or about July 16, 2019, Amendment No. 3, effective on or about July 14, 2020 and Amendment No. 4, effective on or about June 17, 2021, pursuant to management and operation of the Pico Rivera Golf Course (“Golf Course”); and
WHEREAS, the Parties further desire to amend the term of said Agreement pursuant to Section 4 – “Term,” which allows the term of the Agreement to be extended by written agreement; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein; and
WHEREAS, the CITY desires to engage the CONTRACTOR to perform Golf Course operation and management services, including golf professional, food concessionaire, and course maintenance for an extended period of time from execution of Amendment No. 5 to June 30, 2023 with two (2), one-year optional renewals; and
NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree to as follows:

1. MODIFICATION OF SECTION 4. “TERM”
Enclosure 1
13a
Pico Rivera Municipal Golf Course Management Services Page 2 of 4 The Parties hereby agree to delete Paragraph (a) “Effective Date” of Section 4. “Term” in its entirety and replace it with the following:
“a. Effective Date: Term. This Agreement shall commence on July 1, 2022 (“Commencement Date” or “Effective Date”) and continue in full force and effect for one (1) year, expiring on June 30, 2023, unless sooner terminated as hereinafter provided. This Agreement shall have two (2) one-year optional renewals, based on the approval of the USACE and mutual agreement between the Parties, as indicated in an amendment to extend the contract term, signed by both Parties. In no event shall this Agreement extend beyond June 30, 2025.”

2. MODIFICATION OF EXHIBIT “A” SCOPE OF SERVICES
The Parties hereby amend item (A)(12) “Personal Attention” of Exhibit “A” to the Agreement to read:
“12. Personal Attention: CONTRACTOR’s designated Golf Course Pro-Manager is the person with whom CITY shall deal with on a daily basis regarding the subject managed premises. He or she shall devote the greater part of his or her time and attention to the operation of the concession and shall promote, increase and develop the business and render every possible service and convenience to the public. During the day and hours established for the operation of subject concession, the Golf Course Pro-Manager’s personal attention shall not be directed toward the operation of any other business activity. CONTRACTOR shall provide CITY with a schedule of days and times for which the Golf Course Pro-Manager will be in personal attendance at the Golf Course and the name(s) of the person(s) in charge in his or her absence.

The CONTRACTOR’s shall designated a qualified Golf Course Pro-Manager, for the performance of this AGREEMENT,. are as follows: Greg Lake, Head Professional PGA. In addition, tThe CONTRACTOR’s owner, Stephen LaBarge, shall also be considered the CONTRACTOR’s Designee and shall have the power to act on behalf of the CONTRACTOR for all purposes under this AGREEMENT.”

3. EFFECT OF AMENDMENTS
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement and Amendments No. 1 though No. 4 to the Agreement between CITY and CONTRACTOR shall remain in full force and effect.

Pico Rivera Municipal Golf Course Management Services Page 3 of 4

4. EFFECTIVE DATE
Unless otherwise specified herein, this Amendment No. 5 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR executes this Amendment No. 5.
[End of Amendment No. 5]
[SIGNATURES ON THE NEXT PAGE]
Pico Rivera Municipal Golf Course Management Services Page 4 of 4 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 5 to Agreement 18-1807 to be executed and attested by their respective officers hereunto duly authorized.
“CITY” “CONTRACTOR”
CITY OF PICO RIVERA S & S LABARGE GOLF, INC.
______________________________ _________________________________ Dr. Monica Sanchez, Mayor Stephen G. LaBarge, Owner
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AMENDMENT NO. 4

TO THE CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
S&S LABARGE GOLF, INC., AGREEMENT NO.18-1807
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 18-1807 FOR CONTRACTUAL SERVICES WITH S&S LABARGE GOLF, INCORPORATED ("Amendment No. 4"), effective as of the date specified in Item 1 hereof, is made and entered into by and between the CITY OF PICO RIVERA ("CITY"), and S&S LaBarge Golf Incorporated, ("CONTRACTOR"). City and Vendor are sometimes hereinafter referred to individually as "Party" and collectively as the "Parties."

RECITALS
WHEREAS, City and Vendor are Parties to Agreement No. 18-1807, effective on or about April 24, 2018 (the "Agreement"), Amendment No. 1, effective on or about May 28, 2019, Amendment No. 2, effective on or about July 16, 2019, and Amendment No. 3, effective on or about July 14, 2020 pursuant to management and operations of the Pico Rivera Golf Course; and
WHEREAS, the Parties further desire to amend the term of said Agreement pursuant to Section 4 - 'Term," which allows the term of the Agreement to be extended by written agreement; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

1. MODIFICATION SECTION 4. TERM.

The Parties hereby agree to delete Paragraph (a) "Effective Date" of Section 4. "Term" in its entirety and replace with the following:
"a. Effective Date: Term. This Agreement shall commence on July 1, 2021 ("Commencement Date" or "Effective Date") and continue in full force and effect thereafter on a month-to-month bases, unless sixty (60) days written notice of termination is given by either party to the Agreement, not-to-extend beyond June 30, 2022."

2. MODIFICATION EXHIBIT "C" (COMPENSATION SCHEDULE), SECTION 4.

RELATED TO NET GOLF COURSE OPERATING LOSS.

The Parties hereby also agree to amend Section 4 of Exhibit "C" regarding CONTRACTOR's obligation to bear cost for Net Golf Course Operation loss over $200,000. Section 4 of Exhibit "C" shall be amended to read as follows (deletions in Enclosure 2
13b
Stril<:ethmugh and additions in Underline):
"Any Net Golf Course Operating Income shall be shared and divided between parties with CITY receiving 30% and CONTRACTOR receiving 70% as determined by the monthly profit loss statement, provided by CONTRACTOR's vended accounting firm, with the exception of golf course lessons which shall be omitted from Net Golf Course Operating Income. All revenues received from provided golf course lessons will be at the solo recipient receipt of tAe CONTRCTOR. Should there be a Net Golf Course Operating loss, CONTRACTOR will include such loss on the monthly invoice to CITY for reimbursement up to a limit of $200,000 per fiscal year from CITY to CONTRACTOR. Any loss beyond $200,000 per fiscal year will be at the sole cost to the VENDOR CONTRACTOR: provided however, that CONTRACTOR shall not be held liable by CITY for such losses beyond $200,000 on or after Septe·mber 1, 2021 for operating deficits arising directly from operating changes required by the United States Army Corps of Engineers' work on the Whittier Narrows Dam Safety Modification Project ."

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement and Amendments No. 1 through No. 3 to the Agreement between CITY and CONTRACTOR shall remain in full force and effect.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 4 shall become effective as of the date set forth below on which the last of the parties, whether C ITV or CONTRACTOR, executes this Amendment No. 4.
[End of Amendment No. 4]
[SIGNATURES ON THE NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Agreement 18-1807 to be executed and attested by their respective officers hereunto duly authorized.
"CITY" "CONTRACTOR"
Cl O RIVERA S&S LABARGE GOLF, INCORPORATED /Z/4-
Stephen G. LaBarge, Owner
Dated: _________ _ Dated: Jun 17, 2021
ATTEST: APPROVED AS TO FORM
rez-Glasman, City Attorney
AMENDMENT NO. 3

TO THE CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
S&S LABARGE GOLF, INC., AGREEMENT NO. 18-1807
THIS AMENDMENT NO. 3 TO AGREEMENT NO. 18-1807 FOR CONTRACTUAL SERVICES WITH S&S LABARGE GOLF, INCORPORATED ("Amendment No. 3"), effective as of the date specified in Paragraph 10, "Effective Date" hereof, is made and entered into by and between the CITY OF PICO RIVERA, a California municipal corporation ("CITY"}, and S&S LaBarge Golf, Incorporated, ("CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter referred to individually as "Party" and collectively as the "Parties".

RECITALS
WHEREAS, CITY leases certain real property located within the CITY, commonly known as the Whittier Narrows Dam Flood Control Basin (Lease No. DACW09-1-85-4) from the United States Army Corps of Engineers for public park and recreation purposes, which includes the 9-hole Pico Rivera Municipal Golf Course and associated facilities (Golf Course); and WHEREAS, CITY and CONTRACTOR are Parties to Agreement No. 18-1807, effective on or about April 24, 2018 (the "Agreement"), Agreement Amendment 18-1807-1 ("Amendment No. 1"), effective on or about May 28, 2019, and Agreement Amendment 18-1807-2 ("Amendment No. 2"), effective on or about July 16, 2019, pursuant to management and operations of the Pico Rivera Golf Course; and
WHEREAS, now the Parties desire to further amend the Agreement in this Amendment No. 3 for the purposes of addressing potential matters and provisions in the original Agreement that may be affected by the impending United States Army Corps of Engineers (USACOE) Whittier Dam Flood Control Basin capital improvement project (Dam Project); and WHEREAS, the USACOE has given CITY official notification of the Dam Project, scheduled to commence on or about January 1, 2021 , will require the closure of some or all areas of the Pico Rivera Golf Course, therefore causing impact to the management and operations of the golf course; and
WHEREAS, the Dam Project commencement, and timeline for completion, is at the sole discretion of the USACOE and subject to change without notice; and WHEREAS, CITY desires, and is subject, to comply with all terms and requirements of the Dam Project as put forth by the USACOE; and
Pico Rivera Municipal Golf Course Management Services 18- 1807-3 Page I ofS
Enclosure 3
13c
WHEREAS, CITY desires to engage CONTRACTOR to perform Golf Course operation and management services, including golf professional, food concessionaire, and course maintenance for a period of time from execution of Agreement Amendment No. 3 up to the commencement of the Dam Project or for one (1) year, whichever may occur first; and WHEREAS, the Parties' desire to amend the Agreement with the understanding that due to the commencement of the Dam Project, it will be necessary to further amend or terminate the Agreement with CONTRACTOR to reflect required closures, and impacts to golf course management and operations; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.

NOW THEREFORE, based on the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

1. MODIFICATION OF SECTION 3. SERVICES AND COMPENSATION.

The Parties hereby agree to delete Paragraph (G) "Re-Opener Clause" of Section 3 "Services and Compensation" in its entirety.

2. MODIFICATION OF SECTION 4. TERM.

The Parties hereby agree to delete Paragraph (A) "Effective Date" of Section 4. "Term" in its entirety and replace with the following:
"a. Effective Date: Term. This Agreement shall commence on July 1, 2020 ("Commencement Date" or "Effective Date") and shall expire on the commencement date of the Dam Project, or June 30, 2021 ; whichever occurs first ("Expiration Date"), unless sooner terminated as hereinafter provided."

3. MODIFICATION OF SECTION 13. CAPITAL IMPROVEMENT PROJECT.

The Parties hereby agree to delete Paragraph (B) of Section 13 "Capital Improvement Project" in its entirety and replace with the following:
"b. The CITY shall establish and maintain a separate reserve account for Capital Improvement Project funds with a minimum of one-third (1/3) of the CITY's share received Net Golf Course Operating Income, and these Capital Improvement Project funds shall be used for the purposes described in this AGREEMENT. The Parties hereby mutually agree that the Capital Improvement Project funds shall belong to the CITY, and CITY shall have complete control over the Capital Improvement Projects funds. CONTRACTOR shall not have access to this separate reserve account."

4. MODIFICATION OF SECTION 23. NOTICE.

Pico Rivera Municipal Golf Course Management Services 18-1807-3

The Parties hereby agree to delete the "If to CONTRACTOR" Paragraph of Section 23 "Notice" in its entirety and replace with the following:
"If to CONTRACTOR:

S&S LaBarge Golf, Inc.
7725 Gateway #3428
Irvine, CA 92618
Attn: Stephen G. LaBarge, Owner"

5. MODIFICATION OF EXHIBIT "A" SCOPE OF SERVICES. A. MANAGEMENT OF THE GOLF COURSE BY CONTRACTOR.

The Parties hereby agree to delete Paragraph 15 "Documentation and Collection of Fees" and Paragraph 16 "Profit and Loss Statement" of Section (A) of "Exhibit A- Scope of Services," in their entirety and replace with the following:
"15. Documentation and Collection of Fees: CONTRACTOR shall document all fees collected in the course of business operations at the Golf Course and reconcile same at the end of each business day, and submit monthly reports showing services, items, or merchandise purchased, and any other report as required by CITY's Finance Department.

This information is collected in POS reports."
"16. Profit and Loss Statement: CONTRACTOR shall provide a quarterly profit and loss statement as compiled by the CONTRACTOR's vended accounting firm to be used in the computation of Net Golf Course Operating Income/Loss and shall be assessed with the submittal of the cumulative 4th quarter report. Quarters are to be as follows:
1st Quarter- July, August, September
2nd Quarter - October, November, December
3rd Quarter - January, February, March
4th Quarter - April, May, June (to include an additional section cumulative of quarters 1 through 4 in the fiscal year)"

6. MODIFICATION OF EXHIBIT "B" OBLIGATIONS OF CITY. A. GENERAL.

The Parties hereby agree to delete Paragraph 16 of "Section A, General - Obligation of CITY" of Exhibit "B" in its entirety and replace with the following:
"16. CITY shall market, promote, and advertise the Golf Course and associated amenities or operations in the Community Guide printed three (3) times per year, Pico Rivera Profile at least two (2) times per year, with one (1) feature article, and on all CITY operated social media and website outlets."

7. MODIFICATION OF EXHIBIT "C" COMPENSATION SCHEDULE.

The Parties hereby agree to delete Paragraph 5 of "Exhibit C - Compensation Schedule" in their entirety and replace with the following:

Pico Rivera Municipal Golf Course Management Services 18-1807-3

"5. CONTRACTOR shall submit an invoice to CITY on a monthly basis for the previous month's Cost of Sales, Golf Course Expenses, and Fixed Monthly Management Fee to be offset by a credit for all monies collected from the sale of any alcoholic beverage."

8. MODIFICATION OF EXHIBIT "C" COMPENSATION SCHEDULE
The Parties also hereby agree to add a new Paragraph 7 to be entitled "Fees Collected from Sales of Food and Non-Alcoholic Beverages" to "Exhibit C - Compensation Schedule" of the Agreement to read as follows:
"7. CONTRACTOR shall submit payment to the CITY on a monthly basis for any monies collected from the sale of all food and non-alcoholic beverages that were deposited into the CONTRACTOR's Deposit account as referenced by Exhibit ''.A" Scope of Services; G. Golf Course Concession."

9. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement, Amendment No. 1 and Amendment No. 2 to the Agreement between CITY and CONTRACTOR shall remain in full force and effect.

10. EFFECTIVE DA TE.

Unless otherwise specified herein, this Agreement No. 3 shall become effective as of the date set forth below on which the las of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 3.
[End of Amendment No. 3)
Pico Ri,era Municipal Golf Course Management Services 18-1 807·3

IN WITNESS WHEREOF, the Parties have executed and entered into this AGREEMENT as of the date first written above.
"CITY" "CONTRACTOR"
S & S LABARGE GOLF, INC.
vo '{f_ Camacho, Mayor
Dated: 7 /r '-/ / ~o ~ 1
Stephen G. LaBarge, Owner
Dated: & ho /Jo
ATTEST: APPROVED AS TO FORM:

Pico Rivera Municipal Golf Course Management Services 18-1807-3

AMENDMENT NO. 2

TO THE CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
S&S LABARGE GOLF, INC., AGREEMENT NO. 18-1807
ENCLOSURE 1
THIS AMENDMENT NO. 2 TO AGREEMENT NO.18-1807 FOR CONTRACTUAL SERVICES WITH S&S LABARGE GOLF, INCORPORATED ("Amendment No. 2"), effective as of the date specified in paragraph 3 hereof, is made and entered into by and between the CITY OF PICO RIVERA ("CITY"), and S&S LaBarge Golf Incorporated, ("CONTRACTOR"). City and Vendor are sometimes hereinafter referred to individually as "Party" and collectively as the "Parties."

RECITALS
WHEREAS, City and Vendor are Parties to Agreement No. 18-1807, effective on or about April 24, 2018 (the "Agreement"), and Agreement Amendment 18-1807-1 , effective on or about May 28, 2019. pursuant to management and operations of the Pico Rivera Golf Course; and
WHEREAS, the Parties further desire to amend the Agreement for the purposes of conforming to California Constitution Article XX, Section 22; and WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

1. MODIFICATION OF EXHIBIT "B" OBLIGATIONS OF CITY; A. GENERAL.

The Parties hereby agree to delete A. General; Item No. 6, in its entirety and replace with the following:

6. CITY shall establish and maintain a Golf Course Deposit Account which all Golf Course revenues, with the exception of food and beverage sales, will be deposited into on a daily basis.

2. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement and Amendment No. 1 to the Agreement between the CITY and CONTRACTOR shall remain in full force and effect.

Enclosure 4
-----------------
13d

3. EFFECTIVE DA TE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 2.
[End of Amendment No. 2.]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.18-1807- 2 to be executed and attested by their respective officers hereunto duly authorized. "CITY" "CONTRACTOR"

CITY OF PICO RIVERA S&S LABARGE GOLF, INCORPORATED
Steve~ mo~ ng City Manager s&Aa!f:.ge~
Dated: - -4-'Z-'----'lc.....>L{_.- --'-C-+- ) __ _ Dated: _ 7 ........ /..:......: ; (p;....c.. /;:....0.. 9 ____ _ ATTEST: APPROVED AS TO FORM
Jiha4 1:f!.:;;;;ttorney
AMENDMENT NO.1

TO THE CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND
S&S LABARGE GOLF, INC., AGREEMENT N0.18-1807
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 18-1807 FOR CONTRACTUAL SERVICES WITH S&S LABARGE GOLF, INCORPORATED ("Amendment No. 1"), effective as of the date specified in paragraph 5 hereof,is made and entered into by and between the CITY OF PICO RIVERA ("CITY"), and S&S LaBarge Golf Incorporated, ("CONTRACTOR"). City and Vendor are sometimes hereinafter referred to individually as "Party" and collectively as the "Parties."

RECITALS
WHEREAS, City and Vendor are Parties to Agreement No. 18-1807, effective on or about April 24, 2018 (the "Agreement"), pursuant to management and operations of the Pice Rivera Golf Course; and
WHEREAS, the Parties desire to amend the Agreement for the purposes of including transition phase language; and
WHEREAS, the Parties further desire to amend the Agreement for the purposes of conforming to California Constitution Article XX, Section 22; and WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

1. ADDITION OF EXHIBIT 11F" TRANSITION PHASE.

The Parties hereby add Exhibit uF" Transition Phase to the Agreement to read:

1. The Transition Phase of the AGREEMENT will take place over an indeterminate period commencing upon execution of this AGREEMENT and ending upon issuance of all necessary licenses and/or permits required for business operations; specifically a health permit and an alcohol/liquor license. During this time CONTRACTOR will operate the Pico Rivera Municipal Golf Course, including the concession, maintenance, and Pro Shop divisions. This period will be used to for the CITY and CONTRACTOR to resolve any unforeseen issues regarding facility, equipment, furnishings, operating inventory, utilities, and staffing.

2. During this period the CONTRACTOR shall be responsible for:
a. Recruiting, hiring, and training of on-site CONTRACTOR employees.

Enclosure 5
13e

CONTRACTUAL SERVICES AGREEMENT
AGREEMENT NO. 18-1807

PICO RIVERA GOLF COURSE

OPERATION AND MANAGEMENT
THIS AGREEMENT ("AGREEMENT") is made and entered into this 24th day of April, 2018, by and between the CITY of Pico Rivera, a municipal corporation (hereinafter referred to as the "CITY"), and S & S LaBarge Golf, Incorporated, a California Corporation (hereinafter referred to as the "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as "Party" and collectively referred to as "Parties."
SECTION 1. RECITALS.

WHEREAS, the CITY leases certain real property located in the CITY of Pico Rivera, State of California, commonly known as the Whittier Narrows Dam Flood Control Basin (Lease No. DACW09- 1-85-4) from the United States Army Corps of Engineers for public park and recreation purposes, which includes the 9-hole Pico Rivera Municipal Golf Course and associated facilities (Golf Course); and
WHEREAS, the CITY desires to engage CONTRACTOR to perform Golf Course operation and management services, including golf professional, food concessionaire, and course maintenance; WHEREAS, CONTRACTOR represents to the CITY that CONTRACTOR has the necessary skill, experience, and expertise to provide said Golf Course management services; WHEREAS, the principal representative is authorized to enter into this AGREEMENT on behalf of the CONTRACTOR and the CONTRACTOR is willing to perform such services under this AGREEMENT; and
WHEREAS, CITY and CONTRACTOR enter into this Agreement for Golf Course management services; as described in the Scope of Services attached as Exhibit "A"; NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, CITY and CONTRACTOR hereto agree as follows:

SECTION 2. DEFINITIONS.

As used in this Agreement, the following terms shall have the respective meanings indicated below:

Pico Rivera Municipal Golf Course Management Services Page I of39 Enclosure 6
13f

CONTRACTUAL SERVICES AGREEMENT
Capital Improvement Project Fund(s) means the funds to be held by the CITY pursuant to Section 13.

Capital Improvement Projects means any alteration, addition, improvement, repair, replacement, rebuilding, or renovation to the Golf Course, the cost of which exceeds Five Thousand Dollars ($5,000).

Cost of Sales means all monies expended by CONTRACTOR for the purchase of items to be sold at the Golf Course, including but not limited to food and beverages (including liquor) and Pro Shop merchandise.

Employee Compensation means the direct salaries and wages paid to or accruing for the benefit of the management staff and all other persons employed by CONTRACTOR at the Golf Course, together with all fringe benefits payable to or accruing for the benefit of such employees, including employer's contribution under the Federal Insurance Contributions Act ("FICA"), unemployment compensation, or other employment taxes, pension fund contributions, worker's compensation, group life and accident and health insurance premiums, profit sharing, retirement, disability and other similar benefits, as determined by CONTRACTOR.

Environmental Laws means all current and future federal, state, and local statutes. regulations, ordinances, and rules relating to (i) the emission, discharge, release, or threatened release of a Hazardous Material into the air, surface water, groundwater, or land; (ii) the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; or (iii) the protection of human health, safety, or the indoor or outdoor environment, including, without limitation, the Clean Air Act, the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, all amendments thereto, ::.II regulations promulgated thereunder, and their state or local sta't t, • , no regulc:tory counterparts.
• ·r;os ~nd Eriwnment me:::ns all furniture, furnishings, trade fixtures, apparatus and a u·· . I, 'ir.g rtl cut f1mif;-,tion course maintenance vehicles and equipment, golf carts, driving ·rnge 11d u11ers, "'ts, 1;::1 gc ball baskets, cash registers, rental golf clubs and bags, ball 'J, sher-:, es, ur iforms, • :tchen aquipmenthppliances, china, glassware, silverware, office c;uip1 1 putcrs, c.opy rn.::chlnes, facsimile machines, telephone systems (not including pay telcph 1 ') , ,d olh0r c.rso:,al property used in or held in storage for use in the operation of the Golf Course, other han OpGralir.g Inventory.

Pico Rivera Municipal Golf Course Management Services Page 2 of39

CONTRACTUAL SERVICES AGREEMENT
Golf Course Deposit Account means the bank account established by the CITY to receive all cash, coin, checks, credit card charges, and other negotiable instruments paid to or received by the CONTRACTOR related to Golf Course activities, including Gross Revenues as defined below.

Golf Course Expenses means the total of:
a. all expenses specifically Identified as "Golf Course Expenses" in Section 7 Expenses and elsewhere in this Agreement, and;
b. All other expenses incurred by CONTRACTOR in connection with the Golf Course under this Agreement. To be a valid Golf Course Expense, all items must be included within the approved Operating Budget, except for emergency expenditures as described in Section 7p. below, or must have prior written approval from the CITY Designee, which approval shall not be unreasonably withheld, and;
c. Except as otherwise set forth herein, Golf Course Expenses shall not include any expenses of CONTRACTOR'S corporate office, or any services rendered by CONTRACTOR'S corporate offices for or to the Golf Course or the management thereof, or the compensation of any corporate or regional employee of CONTRACTOR.
d. In order to qualify as a Golf Course Expense, CONTRACTOR must submit the requested expense to the CITY for its review and approval. Only those submitted expenses which are approved by the CITY shall qualify as a Golf Course Expense and subject to payment by the CITY.

Gross Revenues means all receipts related to or derived from the operation of the Golf Course from cash or credit transactions occurring during the Management Term, computed on an accrual basis, including, but not limited to:
a. Guest fees;
b. The amount of all sales (wholesale or retail) of food, beverages, goods, wares, or merchandise on, at, or from the Golf Course;
c. Charges for rental of facilities, golf carts, clubs, or Furnishings and Equipment; d. Charges for any Green Fees or Driving Range Fees; and e. Services of any nature performed on, at, or from the Golf Course.

Gross Revenues, including, but not limited to, the above listed items shall be determined in accordance with generally accepted accounting principles applied on a consistent basis. Gross Revenues shall be reduced by any deposits, refunds, rebates, discounts, and credits of a similar nature given, paid, or returned by CONTRACTOR or CITY in the course of obtaining such Gross Revenues.

Pico Rivera Municipal Golf Course Management Services Page 3 of39

CONTRACTUAL SERVICES AGREEMENT
Gross Revenues shall not include:
a. Deposits that are refunded at a later time;
b. Applicable gross receipts taxes, admission, cabaret, excise, sales, and use taxes, or similar governmental charges collected directly from customers or their guests or as a part of the sales price of any goods or services;
c. Service charges, which are defined to mean percentage gratuities added to billings as compensation to employees of the Golf Course;
d. Proceeds of borrowings by CITY;
e. Proceeds paid as a result of an insurable loss, unless paid for the loss or interruption of business, to the extent such sums are used to remedy said loss; f. Any interest or investment income earned on distributed positive net cash flow to CITY or CONTRACTOR pursuant to the terms of the Agreement;
g. Those fees charged by a golf professional functioning as an independent contractor for the teaching of golf lessons and instruction which are not paid by the golf professional to the Golf Course operation;
h. Sale of capital assets;
i. Bad debts;
j. Amounts received from developers or other parties that were collected for a specific purpose not related to the operation of the Golf Course.

Hazardous Material means any solid, liquid, or gaseous substance, chemical, compound, product, byproduct, waste, or material that is or becomes regulated, defined or designated by any applicable federal, state, or local governmental authority or by any Environmental law as hazardous, extremely hazardous, imminently hazardous, dangerous, or toxic, or as a pollutant or contaminant, and shall include, without limitation, asbestos, polychlorinated biphenyls, and oil, petroleum, petroleum products and petroleum byproducts.

Insurance Requirements means all requirements of each insurance policy, and all orders, rules, regulations and other requirements of the CITY, applicable to the Golf Course or the operation of the Golf Course.
legal Requirements means all laws, statutes, ordinances, orders rules, regulations, permits, licenses, authorizations, directives and requirements of governments and governmental authorities, which now or hereafter may be applicable to the Golf Course or the operation of the Golf Course.

Operating Budget means the annual fiscal operating budget prepared by CONTRACTOR for CITY review and approval that includes all forecasted revenues and expense of the Golf Course for the Operating Year.

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Operating Inventory means consumable items used in or held in storage for use in the operation of the Golf Course, including scorecards and cart tickets, driving range balls, golf Pro Shop merchandise, food and beverage inventory, kitchen supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items.

Operating Year means a twelve (12) month period during the term of this Agreement commencing on July 1 and continuing through and including the following June 30.

SECTION 3. SERVICES AND COMPENSATION.
a. CONTRACTOR shall provide to the CITY the Services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference, and shall be compensated in accordance with the compensation schedule as set forth in Exhibit "C" attached hereto and incorporated by reference.
b. CITY understands and hereby agrees that the services provided by CONTRACTOR under the AGREEMENT will be performed wholly by CONTRACTOR or Subcontractors of the CONTRACTOR, as approved by the CITY, in its sole discretion. c. CITY agrees to cooperate with and to provide all necessary information and assistance to CONTRACTOR in order that CONTRACTOR may fulfill its obligations pursuant to this AGREEMENT.
d. CITY shall have certain obligations in course of AGREEMENT with CONTRACTOR set forth in the Obligations of CITY attached hereto as Exhibit "B" and incorporated herein by this reference.
e. CONTRACTOR shall submit to (;ITY an invoice, r n ~ monthly ba~fs or less frequently, for the services performed pursuant .o this AGREEIV1E T. -ch ·nvoice "hall itemize the services rendered and the amount due, incll'ding itemizing c, Golf Cour$c E;<p8nse. Within ten (10) days of receipt of each invoice, CITY shall ~c 'y -c.J1RACTOR in \vri1ing of any disputed amounts included on the invoice . .Yilhin "ifieen ( ·,) I ,1dar ch.ys of n:c8ipt of each invoice, CITY shall pay all undisputed amounts included on 'he invoice. f. The CITY does not warrant lo contract exc!usively \ 1ith a single contractor to perform designated services.

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CONTRACTUAL SERVICES AGREEMENT
g. Re-Opener Clause. CITY agrees to a re-opener with Vendor in June 2019 to negotiate Vendor compensation and shared net operating revenues.

SECTION 4. TERM.
a. Effective Date: Term. This AGREEMENT shall commence on April 25, 2018 ("Commencement Date" or "Effective Date") and shall expire on June 30, 2020 ("Expiration Date"), collectively referred to as the "term" of this AGREEMENT, unless sooner terminated as hereinafter provided.
b. Options. CITY retains the right to grant two (2) one year optional renewals to extend the term of this AGREEMENT. If CITY desires to exercise its option to extend the term, CITY shall provide written notice to CONTRACTOR no later than ninety (90) days before the end of the term. If the parties agree to extend the term, the parties shall execute an amendment to this AGREEMENT reflecting said agreement to extend and any change in terms to this Agreement. In no event shall this AGREEMENT extend beyond June 30, 2022.

SECTION 5. PERFORMANCE.
a. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein. b. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this AGREEMENT. c. CONTRACTOR shall be knowledgeable of and subject to CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

SECTION 6. EXTRA SERVICES.

No extra services shall be rendered by CONTRACTOR under this AGREEMENT unless such extra services first shall have been duly authorized in writing by the CITY Manager or his/her designee.

SECTION 7. EXPENSES.

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Golf Course Expenses shall include all operating expenses of the Golf Course incurred or paid on behalf of CITY during the term of the AGREEMENT as approved by CITY, computed on an accrual basis, including, but not limited to, the following items:
a. Salaries, wages, employee benefits, and payroll expenses, including, without limitation, direct payroll service bureau fees (if any), payroll taxes, (collectively, the "Gross Payroll"), subject to the monthly review and approval by the CITY; b. Marketing, advertising, and promotional expenses;
c. Purchase and replacement, as is reasonably necessary, of inventories of maintenance parts and supplies, food stores and bar supplies;
d. Purchase and replacement, as is reasonably necessary, of silver, chinaware, glassware, cooking utensils, and other similar items of equipment; e. Purchase and replacement, as necessary, of office supplies, computers, printers, facsimile machines, photocopiers, postage, printing, routine office expenses, and accounting services incurred in the on-site operation of the Golf Course; f. The costs of IT third party consultants and other third party consultants utilized for the Golf Course for hardware and software that is not owned by CONTRACTOR, subject to the review and approval of the CITY;
g. Reasonable travel expenses of on-site employees incurred exclusively in connection with the business of the Golf Course; any travel expense which exceeds Two Hundred and 00/100 ($200.00) Dollars, must have prior CITY approval before submitting the travel expense for payment;
h. Accrual on the Golf Course balance sheet of a reserve for insurance (including workers' compensation) and property taxes each month in an amount or at a rate that is sufficient to pay such insurance premiums or property taxes when they become due and payable; i. Insurance premiums and property taxes;
j. Accounts receivable previously included within Gross Revenues, to the extent they remain unpaid ninety (90) days after the first billing;
k. Auditing, accounting costs, non-proprietary software computer fees, and legal fees incurred in respect of the operation of the Golf Course, including any reasonable financial management and reasonable accounting fees paid to third party accounting firms, if included in the Operating Budget;
I. Ordinary maintenance and repairs, exclusive of any Capital Improvement Projects or capital replacements, which are hereby excluded;
m. All out-of-pocket expenses, as set forth in the approved Operating Budget incurred for the direct operation of the Golf Course. Out-of-pocket travel expenses for CONTRACTOR corporate personnel are not allowable Golf Course Expenses; Pico Rivera Municipal Golf Course Management Services Page 7 of39

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n. All other customary and reasonable expenses incurred in the operation of the Golf Course in accordance with the Operating Budget and subject to the approval from the CITY; and
o. It is agreed that if an emergency occurs which require funds not otherwise budgeted for, CONTRACTOR shall first attempt to contact CITY to obtain prior approval for the emergency expenditure. If CONTRACTOR is unable to contact CITY, or circumstances require immediate action, then CONTRACTOR shall be authorized to make reasonable emergency expenditures which in the aggregate do not exceed the amount budgeted therefore in the annual fiscal budget. Provided that an emergency expenditure was justified, the line item in the annual fiscal budget shall be deemed increased by the amount of the emergency expenditures made by CONTRACTOR so that at all times, the line item amount will not impede upon funds for the normal operations of Golf Course as specified in AGREEMENT.

CITY shall not be liable to CONTRACTOR for any costs or expenses paid or incurred by CONTRACTOR in performing services for CITY unless authorized in writing by CITY Designee, except for those as specifically set forth in AGREEMENT. If any term or conditions conflict between this AGREEMENT and any proposal, the AGREEMENT shall take precedent.

SECTION 8. CITY DESIGNEE.

The CITY hereby designates the Director of Parks and Recreation or his or her designee, to act as its representative for the performance of this AGREEMENT ("CITY Designee"). The CITY Designee shall have the power to act on behalf of the CITY for all purposes under this AGREEMENT.

CONTRACTOR shall not accept direction or orders from any person other than the CITY Designee or his or her designee.

SECTION 9. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of ~he provisions of this AGREEMENT at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the s,eps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the AGREEMENT are violated by either party, the non-defaulting Party may terminate the AGR"EMENT by serving written notice upon the other Party stating the nature of the violation(s) and its intent to terminate such AGREEMENT. The defaulting party shall have ten (10) days from the service of the notice to correct any and all violations to avoid termination of this AGREEMENT. In the Pico Rivera Municipal Golf Course Management Services Page 8 of39

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event of any such termination for default by CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract or otherwise limit the CITY's rights or remedies available at law or equity. In the event of a termination for cause, CONTRACTOR shall only be entitled to the compensation for those services satisfactory performed on or before the effective date of termination, less any damages or payments incurred by the CITY for CONTRACTOR's default or breach under this AGREEMENT.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this AGREEMENT in whole, or in part, by giving thirty (30) business days' written notice to CONTRACTOR. Upon the termination of this AGREEMENT as provided herein, the CITY shall provide to CONTRACTOR the part of compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the compensation or less any damages or payments incurred by the CITY for CONTRACTOR's default or breach under this AGREEMENT.

SECTION 10. EMPLOYMENT OF CITY EMPLOYEES.

No employee of the CITY shall be employed by CONTRACTOR during the term of this AGREEMENT.

SECTION 11. NON-LIABILITY OF OFFICIAL AND EMPLOYEES OF THE CITY.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 12. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent CONTRACTOR. As such, the CONTRACTOR shall have no power or authority to incur any debt, obligation or liability on behalf of the CITY. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this AGREEMENT. The CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of the CITY. Except as provided in this AGREEMENT, CITY shall not pay Pico Rivera Municipal Golf Course Management Services Page 9 of39

CONTRACTUAL SERVICES AGREEMENT
salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY.

CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR'S employees or CONTRACTOR'S subcontractors for injury or sickness arising out of performing services hereunder. Further, the CONTRACTOR is not entitled to any benefit typically associated with an employee, such as medical, sick leave or vacation benefit. b. The Parties further acknowledge and agree that nothing in this AGREEMENT shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this AGREEMENT.
c. CITY shall not deduct from the compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state, or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or subcontractors with workers' compensation or any other insurance.

SECTION 13. CAPITAL IMPROVEMENT PROJECT.
a. Any Capital Improvement Project involving an addition, alteration, repair, replacement, or rebuilding to the facility or renovation or refurbishing designed to upgrade or change the nature or image of the facility, the cost of which exceeds Five Thousand Dollars ($5,000) shall be deemed to be a "Capital Improvement". Any Capital Improvement Project is in the CITY's sole control and discretion to approve subject to all State and local laws, ordinances, rules or regulations, and all costs and expenses of any Capital Improvement Project, if approved, shall be paid solely by CITY. The parties acknowledge and agree that this AGREEMENT imposes no responsibilities or obligations on the part of CONTRACTOR with respect to any aspect of a Capital Improvement Project, including design, construction, or supervision. In the event CITY desires CONTRACTOR to be involved in any capacity in a Capital Improvement Project, the parties will enter into a separate AGREEMENT setting forth the terms and conditions of such involvement.
b. The CITY shall establish and maintain a separate reserve account for Capital Improvement Project funds with a minimum of 1/3 of the CITY's 30% sham of received Net Golf Course Operating Income and these Capital Improvement Project funds shall be used for the purposes described in this AGREEMENT. The parties hereby mutually agree that the Capital Improvement Project funds shall belong to the CITY, and CITY shall have complete control over the Capital Improvement Project funds. CONTRACTOR shall not have access to this separate reserve account.

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SECTION 14. PERS ELIGIBILITY INDEMNITY.
a. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this AGREEMENT claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions assessed by PERS against the CITY or which would otherwise be the responsibility of the CITY.
b. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subcontractors providing service under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not be limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 15. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at alt times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not be limited to the Pico Rivera Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section. CONTRACTOR shall obtain a CITY business license prior to commencing performance under this AGREEMENT.

SECTION 16. INDEMNIFICATION.

To the fullest extent permitted by law, CONTRACTOR agrees to, and shall defend (with counsel of CITY's choosing), indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of, pertaining to, or Pico Rivera Municipal Golf Course Management Services Page 11 of39

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incident to any alleged acts, errors or omissions, or willful misconduct of CONTRACTOR, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the CONTRACTOR's Services or this AGREEMENT, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, except only liability arising out of the sole negligence of the CITY. CONTRACTOR shall reimburse CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

SECTION 17. INSURANCE COVERAGE.

The CONTRACTOR shall obtain and maintain during the life of this AGREEMENT all of the following insurance coverages:
a. Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of CONTRACTOR providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

1. Premises, operations, and mobile equipment;

2. Products and completed operations;

3. Broad form property damage (including completed operations);

4. Explosion, collapse, and underground hazards;

5. Personal injury; and
6 . Contractual liability,
in the amount of One Million Dollars and No Cents ($1,000,000.00) per occurrence combined single limit; Two Million Dollars and No Cents ($2,000,000.00) aggregate for products/completed oper2..tion; ,wo r,r.iflion Dollars and t\Jo Cents (Z2,000,000.00) general aggregate (General aggregnte ml.!st ~i)p!y separately to Contractor's work under this AGREEMCNT.}; and Five l1'iil:icn Doll2rs 2nd I.Jo Cents (~5,000,000.00) umbrella or excess liability.
b. Automobile liatility for owned, I ired -nd 1on-owned vehictes utilized by CONTRACTOR, its emplovGes or ::ubco, tractors, ·:, .he zmouni of One Million Collars and No Cents ($1,000,000.00) r,er accident ;er 1 0~1ly ir,_ury and property damage. c. CONTRACTOR shall ot 'ain nd rr,c: ·r :.in during the life of this AGREEMENT Workers' Compensation: as required by ihe State of California, with Statutory Limits, and Employer's Pico Rivera Municipal Golf Course Management Services Page 12 of39

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Liability Insurance with limit of no less than One Million Dollars and No Cents ($1,000,000.00) per accident for bodily injury or disease.

CONTRACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this AGREEMENT. Endorsements for the policies under Section 15(a) and (b) and shall designate the CITY, its officers, officials, employees, and volunteers as an additional named insured. Prior to commencement of CONTRACTOR's services pursuant to this AGREEMENT, CONTRACTOR shall provide CITY with proof of insurance in the form of both certificates of insurance and endorsement forms as approved by the office of the CITY Attorney. Refusal to submit such certificates shall constitute a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity, including termination of this AGREEMENT. If proof of insurance required under this AGREEMENT is not delivered as required or if such insurance is canceled and not adequately replaced, the CITY shall have the right, but not the duty, to obtain replacement insurance and to charge the Contractor for any premium due for such coverage. The CITY has the option to deduct any such premium from the sums due to the Contractor. All of the policies required under this AGREEMENT shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. Any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR's insurance and shall not contribute with it.

Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current AM Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval of the CITY's Risk Manager. The Contractor shall immediately advise the CITY of any litigation that may affect these insurance policies.

If CONTRACTOR or subcontractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR or subcontractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

SECTION 18. NONDISCRIMINATION.

In the performance of this AGREEMENT, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, Pico Rivera Municipal Golf Course Management Services Page 13 of39

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marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 19. AS~GNMEN~
CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this AGREEMENT to any party other than CONTRACTOR.

SECTION 20. SEVERABILITY.

If any section, subsection, sentence, clause or phrases of this AGREEMENT, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the AGREEMENT shall not be affected thereby and may be enforced by the Parties to this AGREEMENT.

SECTION 21. WAIVER.

Waiver by any Party hereto of any term, condition or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof.

SECTION 22. ATTORNEY'S FEES & COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall been titled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 23. NOTICE.

Any notices, bills, invoices, or reports required by this AGREEMENT shall be deemed received on: (i) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR'S and CITY'S regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below:

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CONTRACTUAL SERVICES AGREEMENT
If to CONTRACTOR:

S & S LaBarge Golf, Inc.
18930 Pelham Way
Yorba Linda, CA 92886
Attn: Stephen G. LaBarge, Owner
If to CITY:

City of Pico Rivera
Director of Parks and Recreation
6615 Passons Blvd.

Pico Rivera, CA 90660
Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

SECTION 24. WARRANTIES
Each of the Parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this AGREEMENT;
b. In executing this AGREEMENT, it has carefully read this AGREEMENT, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority •o enter into this AGRE:MENT, and that the person executing this AGREEMENT on behalf of ,.., 'ther party has the full right and authority to fully commit and bind such party to the provisions of this AGREEMENT.

SECTrOlx ?5. C?OVERNlf.JG LAW.

This AGREEMENT shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California.

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SECTION 26. MISCELLANEOUS.
a. The descriptive paragraph headings of this AGREEMENT are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. The representations and warranties made by the Parties to this AGREEMENT shall survive the consummation of the transaction herein described.
d. This AGREEMENT may be signed in anyone or more counterparts all of which taken together shall be but one and the same AGREEMENT. Any signed copy of this AGREEMENT or of any other document or AGREEMENT referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
e. Each of the Parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to perform under this AGREEMENT or any AGREEMENT referred to in this AGREEMENT. f. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
g. Paragraph headings are only for convenience and shall not be used to construe meaning or intent.
h. Each Party has cooperated in the drafting and preparation of this AGREEMENT. Therefore, this AGREEMENT shall not be construed against any Party on the basis such Party drafted this AGREEMENT or any provision within it.

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This AGREEMENT contains the entire understanding between the CITY and CONTRACTOR.

Any prior AGREEMENTs, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this AGREEMENT shall be effective only if in writing and signed by each party.

IN WITNESS WHEREOF, the Parties have executed and entered into this AGREEMENT as of the date first written above.
"CITY" "CONTRACTOR"
S & S LABARGE GOLF, INC.

Stephen G. LaBarge, Owner
Dated: __ i../....,. / ;J...._4....;...i~~/ :;;..._ ~ __ r I Dated: __ Lf__ f_t c._, -/1_i _____ _
ATTEST: APPROVED AS TO FORM:
an, CITY Attorney
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CONTRACTUAL SERVICES AGREEMENT
Exhibit "A"
Scope of Services

GOLF COURSE MANAGEMENT SERVICES
A. MANAGEMENT OF THE GOLF COURSE BY CONTRACTOR

1. CITY hereby contracts with CONTRACTOR during the term of this AGREEMENT, to manage and operate the Golf Course pursuant to the terms of this AGREEMENT, and CONTRACTOR agrees it shall manage and operate the Golf Course in such manner.

Subject to the terms of this AGREEMENT and further subject to the approved Operating Budget, CONTRACTOR shall have authority and responsibility to execute the services outlined herein. CITY agrees it shall cooperate with CONTRACTOR to permit and assist CONTRACTOR to carry out its duties under this AGREEMENT.

2. Operations: CONTRACTOR shall implement the policies and standards for the Golf Course as determined by the CITY. CONTRACTOR shall manage and supervise all day-to-day operations of the Golf Course including starting, course marshals, pro shop, building and course maintenance, security, cart and equipment rental, food and beverage service, room rental, golf instruction, and administration/management.

CONTRACTOR will assure that the starter area will be staffed during all hours of operation for the convenience of golfers and patrons and in accordance with accepted standard practices to the full satisfaction of CITY. CONTRACTOR will provide for green, concession, and Pro Shop fees collection and receipting, financial and statistical reporting and making daily cash deposits as specified by Exhibit "C" Compensation.

CONTRACTOR will maintain a complete starter sheet for each day of operation.

CONTRACTOR will schedule reservations, tournaments, concessions, and leagues, mail contracts, collect deposits, and coordinate all golf play, Pro Shop, and concessionaire functions.

3. C'lr>anliness: CONTRACTOR shall keep the managed premises clean and sanitary at times. No offensive or refuse matter, nor any substance constituting an un ecess,ry, unreasonable or unlawful fire hazard, or material detrimental to the J lie hetlth s:h2II be permitted to remain thereon, and CONTRACTOR shall prevent 1 y such ms'ler or material from being or accumulating upon said premises. CITY ~, II furnish all equipment and materials necessary to perform the functions required.

4. C'nnduct: CON,RACTOR ~hall at all times conduct his business in a quiet and orderly

1. nner to the saltsfaclion of the CITY.

5. Di"orderly ,.,,.,r~ons: CONTRACTOR shall use his or her best efforts to prohibit intoxicated persons, profane or indecent language, or boisterous or loud conduct in or Pico Rivera Municipal Golf Course Management Services Page 18 of 39

CONTRACTUAL SERVICES AGREEMENT
about the Golf Course and managed premises and will call upon the aid of peace officers to assist in maintaining peaceful conditions.

6. Amplified Music: Amplified music is allowed only at the back holes for tournament bookings of the entire Golf Course. The CITY reserves the right to require tournament sponsors to reduce the volume of amplified music if complaints are received from other tournament players or residents.

7. Furnishing, Equipment, and Operating Inventory: CONTRACTOR shall provide and install all equipment, furnishings, and materials necessary to the managed operations of Golf Course, except for those items which currently exist and are owned by CITY.

Any equipment purchased by CONTRACTOR pursuant to this AGREEMENT and reimbursed by the CITY shall be the property of the CITY.

8. Point of Sale System: The CONTRACTOR and its staff will be required to be trained to use the systems and service within the intended purposes. All data entered onto the systems and service shall be the property of the CITY.

9. Maintenance of Equipment: CONTRACTOR shall provide all maintenance, repair, and service required on all equipment except as otherwise provided herein.

10. Maintenance of Premises: CONTRACTOR shall be responsible for daily maintenance, pick-up of litter, and repair of all interior/exterior areas and surfaces. CONTRACTOR's duties shall include all sweeping, vacuuming, interior and exterior glass washing, servicing, repairing, replacing, and cleaning that may be required to properly maintain the premises in a safe, clean, wholesome, sanitary, orderly, and attractive condition.

CONTRACTOR shall also be responsible for electrical and mechanical maintenance in the interior of the premises, such as light bulb replacement and personal fixtures.

CITY may direct that certain maintenance or repairs be performed where such work is necessary to protect the premises or to provide a clean, attractive and well-maintained premise. CITY, or other contractor, will maintain all parking lot surfaces.

CONTRACTOR shall report any deficiencies to CITY as necessary to ensure prompt repair or correction of all premises facilities for structural repairs and maintenance not required by CONTRACTOR as described in this AGREEMENT.

11. Permits and Licenses: CONTRACTOR shall be required to obtain any and all permits or licenses that may be required in connection with the operation of the managed premises, including, but not be limited to, tax permits, business licenses, health permits, liquor/alcohol license, and police and fire permits.

12. Personal Attention: CONTRACTOR's designated Golf Course Pro-Manager is the person with whom CITY shall deal with on a daily basis regarding the subject managed premises. He or she shall devote the greater part of his or her time and attention to the operation of the concession and shall promote, increase and develop the business and Pico Rivera Municipal Golf Course Management Services Page 19 of39

CONTRACTUAL SERVICES AGREEMENT
render every possible service and convenience to the public. During the day and hours established for the operation of subject concession, the Golf Course Pro-Manager's personal attention shall not be directed toward the operation of any other business activity. CONTRACTOR shall provide CITY with a schedule of days and times for which the Golf Course Pro-Manager will be in personal attendance at the Golf Course and the name(s) of the person(s) in charge in his or her absence. The CONTRACTOR's designated Golf Course Pro-Manager, for the performance of this AGREEMENT, are as follows: Greg Lake, Head Professional PGA. In addition, the CONTRACTOR's owner, Stephen LaBarge, shall also be considered the CONTRACTOR's Designee and shall have the power to act on behalf of the CONTRACTOR for all purposes under this AGREEMENT.

13. Rates and Fees: All rates and fees for all services, merchandise, and concession items charged by CONTRACTOR in the management and operation of the Course shall be consistent with good merchandising practices, comparable to those charged at other public 9-hole Golf Courses in the Los Angeles Metropolitan area and subject to the review and approval of CITY. The standard used to approve or disprove prices shall be the prevailing market price for the same grade of services, merchandise, and concessionaire items.

14. Special Rates: With prior approval of CITY Designee, CONTRACTOR may establish special rates, cards, or reduced price programs as an incentive to increase course, driving range, cart rental, Pro Shop, or concessionaire usage.

15. Documentation and Collection of Fees: CONTRACTOR shall document all fees collected in the course of business operations at the Golf Course and reconcile same at the end of each business day by submitting daily reports showing services, items, or merchandise purchased, and any other report as required by the CITY Finance Division of the Administrative Services Department. This information is collected in POS reports.

16. Profit and Loss Statement: CONTRACTOR shall provide a monthly profit and loss statement as compiled by CONTRACTOR's vended accounting firm to be used in the computation of Net Golf Course Operating Income.

17. Operating Budget: CONTRACTOR shall provide to CITY Designee on or prior to April 1 of each year an annual operating budget detailing a good faith estimate of all reasonably projected expenses and revenues for the next fiscal operating year.

18. Signs and Advertisements: No signs of any kind shall be displayed unless approved by CITY, who may require removal or refurbishment of any sign previously approved.

CONTRACTOR shall not permit vendors to display wares inside or outside the building or on said property unless written permission is secured from CITY and such permission shall be subject to revocation at any time.

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19. Use of Area: CONTRACTOR shall not interfere with the public's enjoyment and use of the managed premises or surrounding public property for the purpose for which they are intended. CONTRACTOR shall not use the managed premises for any purpose which is not essential to the managed operations. CONTRACTOR shall not rent, sell, lease or offer any space for storing any articles whatsoever within or on the managed premises other than CONTRACTOR's own equipment, without the written consent of CITY.

20. Vending Machines: CONTRACTOR shall establish and maintain services for vending machines. CITY shall have the right to order removal of any and all vending machines upon notice in writing. Vending machines (excluding range ball machines) are considered a part of the Pro Shop operation.

21. Safety: CONTRACTOR shall monitor for and correct safety deficiencies and violations of safety practices immediately and shall cooperate fully with CITY in the investigation of accidents occurring on the managed premises. In the event of injury to a patron or customer, CONTRACTOR shall insure that the injured person receives prompt and qualified medical attention, and as soon as possible thereafter, he shall submit a CITY "Incident" or "Patron Accident" report form. CONTRACTOR shall immediately correct hazardous conditions which have led or could lead to injury, as determined by the CITY.

22. Courtesy Play Policy: CONTRACTOR, in the operation of the Golf Course, shall observe a courtesy play policy strictly in accordance with Exhibit "D" entitled "Courtesy Golf Privileges and Use of Carts."

23. Professional Golf Association Membership: CONTRACTOR shall maintain Professional Golf Association (PGA) Class A Membership in good standing status for the duration of this AGREEMENT.

24. Improvements: CITY shall provide a lighted driving range, a professional golf shop, including office and storage, cart storage and repair uea, ')znquet hall, bar and grill area, exterior patio area, commerc·a1 orrde kitchen. nd all nee ... sary kitchen equipment - all of which presently l..Xist 1,d CONTRACTOR accepts them in their existing condition and location. CC' 'TR/ C C'R r ay make cdditional i1nprovements subject to prior written approval of CITY. In d ',ron, CITY may, from time to time, make certain improvemc:nts which it ueerm; o be dvantageJus or necessary for the protection or enjoyment of ihe put lie.

25. Marketing and Dromotions: CCNTRACTOR ~h ... 11 at all !irnes provide for the best possible public and commur ity rdrtir'!n through l blic'ty, promotion, and personal public relations. This includes, but is not limit d to: ~ia (prir t, website, social media, email, mobile applications) advertising; spc. ,ol ,J L .s and lessons; personal contact with business; and special driving range, concession service promotions. When Pico Rivera Municipal Golf Course Management Services Page 21 of39

CONTRACTUAL SERVICES AGREEMENT
marketing the Golf Course, all marketing material (including social media, event/program flyers, email blasts) must include the Pico Rivera Municipal Golf Course logo, Golf Course website, Pro Shop address, Pro Shop telephone number, and presented in a professional and attractive manner.

26. CITY-Owned Equipment: CONTRACTOR shall maintain an inventory of all CITY owned equipment.
a. Equipment shall be properly labeled to indicate that the equipment is CITY owned and property of the CITY.
b. Equipment shall not leave the facility premises unless necessary for repairs. c. Equipment shall not be discarded, sold, donated, etc. All equipment that is no longer functioning, unrepairable, or no longer useful to the Golf Course operations shall be declared surplus in accordance with established CITY policies. d. Equipment shall be maintained per manufacturer's specifications and CONTRACTOR is required to maintain and or repair equipment as necessary. e. All unsafe equipment shall be removed immediately.

CONTRACTOR shall make recommendations to CITY as to when it will be feasible to replace rather than repair any equipment item.
f. CONTRACTOR shall in the performance of all responsibilities under this AGREEMENT comply with all federal, state, and local laws and regulations pertaining to Environmental Laws in the storage, use, and disposal of Hazardous Waste, substances, or materials as defined by applicable laws.

B. PERSONNEL

1. General. All Golf Course employees shall be the exclusive employees and personnel of CONTRACTOR. CONTRACTOR shall have the sole and absolute responsibility to recruit, hire, train, discharge, promote and supervise the management staff of the Golf Course (i.e., the general manager, the controller, the course superintendent, and other personnel), and CONTRACTOR shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Golf Course. All employees of the Golf Course shall be properly qualified for their position.

Such employees shall be satisfactory to CITY as to their personal conduct, honesty, courtesy, health, personal appearance and willingness to cooperate with CITY employees. In the event an employee is not satisfactory, as herein defined, CITY Pico Rivera Municipal Golf Course Management Services Page 22 of39

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Designee may direct CONTRACTOR to correct the cause of said dissatisfaction or may direct CONTRACTOR to remove them from the PREMISES within fifteen (15) days after written notice is received by CONTRACTOR.

Appropriate background and criminal checks shall be conducted by CONTRACTOR to insure that all of CONTRACTOR's employees are free from criminal records or sex offender registration requirements.

2. Management Staff. The general manager of the Golf Course shall be responsible for the day-to-day management and operation of the Golf Course. The name and telephone number (both home and business) of the general manager shall be provided, in writing, to the CITY Designee and shall be current at all times. The general manager shall be reasonably available during normal working hours to meet with the CITY Designee.

After normal working hours, the general manager shall be reasonably available to appear at the Golf Course if deemed necessary by the CITY Designee. The course superintendent for the Golf Course shall be certified by the Golf Course Superintendents Association. Should special circumstances arise and CONTRACTOR cannot fill the positions of course superintendent or director of golf with an individual who meets the above certification requirements, provisional appointments for a period of up to one year may be made with CITY approval. The CITY Designee shall have the right to approve the individuals who CONTRACTOR intends to hire to fill the positions of general manager, controller, and Golf Course superintendent, (regardless of the titles given for such positions by CONTRACTOR), which approval shall not be unreasonably withheld.

3. Subcontractors. All subcontractors must be approved by the CITY Designee in advance.

4. Emergency response. CONTRACTOR shall identify, to the CITY Designee, staff that are available to respond to all emergencies at all hours of the day (24 hours).

C. GOLF PROFESSIONAL SERVICES AND PRO SHOP
1 . Supervision: CONTRACTOR will provide for the safety of all golfers and patrons through the enforcement of the Golf Course policies and regulations manual, a copy of which may be obtained by the Director of Parks & Recreation. CONTRACTOR shall exercise the right to exclude persons from using the course who do not abide by established rules.

2. Course Operations: CONTRACTOR shall not close the course to play without first consulting with the CITY Designee and coming to a mutual AGREEMENT. If for Pico Rivera Municipal Golf Course Management Services Page23 of39

CONTRACTUAL SERVICES AGREEMENT
whatever reason, a mutual AGREEMENT cannot be reached, the final decision will be made by the CITY Designee.

3. Merchandise: CONTRACTOR shall provide and maintain an inventory in the golf Pro Shop of name brand golf items such as clubs, shoes, bags, balls, tees, clothing, and accessories as determined by local market. All merchandise including, but not be limited to, sporting goods, garments, footwear, curios, etc.. sold or kept for sale by CONTRACTOR shall be first class in quality and shall conform to all Federal, State, and Municipal laws, Ordinances and Regulations in every respect. All merchandise kept for sale by the CONTRACTOR shall be kept subject to the approval or rejection of CITY, and CONTRACTOR shall remove from the Premises any article which may be rejected and shall not again offer it for sale without the consent of CITY. CITY may order the improvement of the quality of any merchandise kept or offered for sale.

4. Golf Club/Equipment Repair: CONTRACTOR shall provide for golf club and/or equipment repair as part of the Pro Shop operation.

5. Club Storage: CONTRACTOR shall provide for golf club storage as part of the proshop operation.

6. Golf Lessons: CONTRACTOR shall provide for regularly scheduled private and group lessons at a cost competitive with similar public Golf Courses. Special promotional and junior lessons are to be included. All golf lessons are considered a part of the Pro Shop operation.

D. DRIVING RANGE

1. Supervision: CONTRACTOR shall provide general supervision of the driving range, including the enforcement of safety practices and regulations. CONTRACTOR shall exercise the right to exclude persons from using the driving range who do not abide by established rules.

2. Maintenance: CONTRACTOR shall regularly inspect said range, and immediately notify CITY of any condition which is in need of replacement or repair. CONTRACTOR shall be responsible for inspecting and installing new mats as used mats become worn, and for the repair or replacement of any damaged fencing, sprinkler heads, valves and turf arising from the accidental or careless actions of its officers, agents, and employees.

3. Equipment: CONTRACTOR shall maintain, at all times, a minimum of 10,000 driving range golf balls of good quality, buckets, vehicle(s) for ball pick-up, ball washing machine, and other equipment necessary for the efficient operation of the Driving Pico Rivera Municipal Golf Cou~ e Management Services Page 24 of39

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Range, including the picking unit as already exists at Golf Course and is owned by CITY.

4. Driving Range Buckets: CONTRACTOR shall ensure that all buckets shall contain an established minimum number of balls.

E. ELECTRIC CART RENTAL AND MAINTENANCE OPERATION

1. Operation: CONTRACTOR shall provide CITY-owned clean electric carts conveniently positioned for golfer's use during all specified golf starting hours. CONTRACTOR shall assign, collect, and receipt for electric cart rental fees, and make daily cash deposits as specified by CITY. CONTRACTOR will provide cleaning, battery charging, keeping of daily records of maintenance and repair services, and safe storage of all carts.

2. Cart Maintenance and Repair: CONTRACTOR shall secure qualified person(s) or cart repair firm to provide maintenance and repair, including cleaning and battery charging, of all CITY-owned electric carts. Such person(s) shall be supervised by CONTRACTOR.

F. GOLF COURSE MAINTENANCE

1. Equipment and Maintenance: CONTRACTOR shall be responsible for supplying all equipment, supplies, and materials necessary for maintenance of the Golf Course in accordance with approved practices and standards. The services, which the CONTRACTOR shall perform and the things which the CONTRACTOR shall supply shall include, but not be limited to, the following listed items:
a. CONTRACTOR shall supply in the amounts and quantities necessary, I. All necessary gasoline, oil, and diesel fuel needed to operate equipment.

II. All necessary top dressing, seed, sod, fertilizer, and pesticides. b. Materials necessary for repair and maintenance of all irrigation systems existing on the Golf Course property, with the exception of back flow devices, which shall be maintained by CITY.

I. Tee towels and soap for ball washers.

II. Restroom supplies for all Golf Course restrooms.

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Ill. Rock or gravel for french drains.
c. CONTRACTOR shall perform the following maintenance services at no less than the frequencies indicated in this AGREEMENT; however, the CITY shall have the right to determine the extent and frequency of any additional "as needed" services.

Standards and frequencies may be modified as deemed necessary by the CITY for the proper maintenance of Golf Course facilities.
d. Greens Maintenance: Maintain all greens according to accepted playability and industry wide standards as determined by the CITY at all times, observing the following minimum requirements:

I. Change cups and repair ball marks daily.

II. Mow greens (not less than 1/8 inch and not more than 5/16 inch) daily, March through June and September through November, and a minimum of four times per week (Saturday, Sunday, Tuesday and Thursday), December through February, and July-August. Mowing schedule may periodically be adjusted with approval of CITY should environmental stress to turf become apparent. Greens shall be mowed with a reel type mower with no less than nine (9) blades per reel. Mower shall be designed specifically for mowing golf greens and shall be of the type, make and model accepted by the golf industry. More frequent mowing, as required by CITY, shall be provided by CONTRACTOR.

Ill. Aerify greens at least two (2) times per year or more frequently, if needed, and remove plugs the same day. Top dress with CITY-approved material as to type and quantity following each aerification of greens.

IV. CONTRACTOR shall have the soil analyzed within thirty (30) days after the effective date of this AGREEMENT and twice a year for greens, once every three (3) years for tees and once every three to four (3-4) years for fairways.

Fertilizer will be applied in the quantity and type recommended by the soil analysis in a manner to provide uniform growth of turf. CITY will be provided with copies of all analytical tests conducted.
\I. Treat greens with proper chemicals to control insects, disease, weeds and other pests as approved by CITY. Overseed and/or resod as reasonably necessary.

1. T~e r,12:ri'.enance: CONTRACTOR shall maintain all tees according to accepted ol2yabiliiy and industry-wide standards as determined by the CITY, observing the ,o:iowing minimum requirements:
a. Service tees daily by moving tee markers and benches. Change tee towels weekly Pico Rivera Municipal Golf Course Management Services Page26 of39

CONTRACTUAL SERVICES AGREEMENT
and keep ball washers filled to proper levels with water and an appropriate cleaning agent.
b. Repair worn and damaged turf areas as they occur by overseeding or resodding to ensure playable tees at all times.
c. Treat tees for control of insects, disease, weeds and other pests as necessary to maintain healthy turf.
d. Apply six (6) pounds of actual Nitrogen per 1,000 square feet of turf to tees per year, two (2) pounds of which is composed of N.P.K. formulation using a ratio of approximately 4-1-2.

3. Fairway Maintenance: CONTRACTOR shall maintain all fairways, rough and driving range according to accepted playability and industry-wide standards as determined by the CITY at all times, observing the following minimum requirements:
a. Mow fairways with a reel-type mower at 5/8" or less depending on the type of grass and time of year. Mowing frequency will be three (3) times per week on fairways and twice (2) per week on roughs and driving range during the growing season. b. Verticut fairways as necessary for turf health and playing condition. c. Aerify all fairways at least once ( 1) times per year or more frequently as needed. d. Overseed and top dress (or resod) worn or bare areas on fairways as necessary. e. Treat turf to control weeds, diseases, insects and other pests as necessary to maintain weed free, healthy turf.

4. Sod Nurseries: CONTRACTOR shall develop and maintain sod nurseries for greens at all times:
a. Greens - Crenshaw Bentgrass or CITY-approved variety of Bentgrass.

I. Maintain according to greens maintenance specifications (Sect. 3.8.1 ).

II. Following removal of sod, replace soil and reseed.

5. Accessory Equipment: CONTRACTOR shall maintain all Golf Course accessory equipment in clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including but not be limited to the following:
a. All signs
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CONTRACTUAL SERVICES AGREEMENT
b. Tee benches
c. Tee markers and mats
d. Ball washers
e. Out-of-bounds markers
f. Directional flags and poles
g. Distance markers (150 yards, etc.)
h. Greens flags, poles and cups
i. Practice green markers and cups
j. Trash receptacles
k. Cleat brushes
I. Rope/stakes
m. Wire for repair of perimeter fence
n. Plant materials for planters on Golf Course for installation three times per year

6. Irrigation System: CONTRACTOR shall, except for backflow devices, maintain entire irrigation system, functioning properly and conforming to all related codes and regulations at all times. Irrigate as required to maintain adequate moisture for growth rate and appearance in accordance with a schedule mutually agreed to by the CITY and CONTRACTOR. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices and programming irrigation controllers accordingly. a. Consideration must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, run off, infiltration rate, percolation rate, evapotranspiration seasonal temperatures, prevailing wind condition, time of day or night, type of grass, plant and root structure. This may include syringing during the day and watering during periods of windy weather. b. In areas where wind creates problems of spraying onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night.
c. The CONTRACTOR shall be responsible for monitoring all systems within the described premises and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. d. Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas or which throw directly onto roadway, paving or walkways.
e. All controllers shall be inspected on a daily basis and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve (sprinkler station).

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f. A soil probe or tensiometer shall be used to determine the soil moisture content in various areas.
g. CONTRACTOR shall observe and notice deficiencies occurring from the original design and review these findings with the CITY so necessary improvements can be considered.
h. CONTRACTOR shall repair all leaking or defective valves within twenty-four (24) hours following notification from the CITY of such a deficiency. i. In the event of a reduction of the volume or water supplied to the Golf Course during peak demand periods, the priority of water distribution by CONTRACTOR shall be as follows:

I. Greens
II. Tees
Ill. Fairways
IV. Other turf and landscaped areas

7. Other Required Duties of CONTRACTOR:
a. Provide ongoing monitoring of Lake Waterfall pumps and aeration systems to ensure all are properly maintained and operational.
b. Maintain lakes free of excessive weed and algae growth which may necessitate use of chemical application and hand removal. In consultation with CITY, CONTRACTOR may be required to secure Aquatic Specialist to assist with weed and algae eradication.
c. Remove all litter daily from Golf Course grounds, including the Golf Course proper, lakes, maintenance yard, landscaped areas and driving range. Remove all trash and debris resulting from Golf Course maintenance as it occurs. CONTRACTOR shall be responsible to haul or contra.ct for removal of all trash and debris related to the golf maintenc.nce operc:t1on from the described premises, excluding that trash ger,erated by the Pro Shop anc Restaurant operations. CONTRACTOR shall clean and repair .rash rc,cep~acles as is reasonc.bly necessary to maintain clean, safe and sanitary conditions st di .;r.--es.
d. Maintain shrub and ground cc,1Gr plzntings and lawn areas in a manner to promote I 1calth, grovt.h and aesthr;lic::lly ;:llszsing c.ppearance at all times. e. Maintain all trees in s.:;e, 1Gc:.i'.hy .:nd aesthetically ple&sing condition at all times, keeping adjacent turf mowed and tnmm8d ,o the trunks of trees on the Golf Course. The use of herbicides or contact sprays of any kind to keep grass Pico Rivera Municipal Golf Course Management Services Page29 of 39

CONTRACTUAL SERVICES AGREEMENT
maintained at the base of trees must be approved by the CITY. Pruning of trees by CONTRACTOR will be to maintain a seven (7) foot clearance for golf carts and removal and corrective pruning required by fallen or broken branches. General pruning will be performed by others.
f. Maintain all sand traps daily in raked, edged and weed-free condition at all times, replacing sand as necessary.
g. Control and eradicate rodents and other animal pests as necessary to prevent hazards, holes, and destruction of plantings on Golf Course property. h. Construct and/or maintain and repair as necessary surface flow lines, swales, catch-basins, grates and other drainage structures in clear, weed-free, and properly functioning condition at all times.
i. Observe all Legal Requirements and safety regulations, including special licensing requirements in the use and storage of chemicals, hazardous materials, supplies and equipment at all times according to CAL-OSHA and the Los Angeles County Agricultural Commissioner.
j. Maintain golf maintenance storage buildings and yard in a clean, orderly and safe condition at all times. conforming to all applicable laws and regulations. k. Maintain, clean and service daily and more often if necessary, public restroom facilities on course.

I. Protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather, and other unusual conditions at all times. m. Maintain walkways, steps, handrails, header-boards and cart paths in a clean, edged, safe, weed-free condition at all times.
n. Maintain all fencing, netting, protective screens, and fence lines in a safe, secure and aesthetically pleasing condition at all times.
o. Maintain all concrete cart paths and service roads in a safe useable condition at all times.
p. The Golf Course Superintendent shall prepare and file a weekly Maintenance Report using the form set out in "Exhibit E", and forward a copy of same to the CITY Designee or his/her authorized representative.
q. Supervise public parking lot sweeping contractor which is paid by the CITY.

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CONTRACTUAL SERVICES AGREEMENT
r. Inspect the following frequently and report deficiencies to CITY as necessary to ensure prompt repair or correction:

I. All area lighting systems for safe and functioning conditions.

II. All Golf Course buildings and accessory structures for structural repairs and maintenance not required by CONTRACTOR as described in this AGREEMENT.

G. GOLF COURSE FOOD CONCESSION

1. Furnishings and Equipment: Except as otherwise provided in this AGREEMENT, CONTRACTOR, shall maintain all concession fixtures and equipment including, but not be limited to, furniture, kitchen facilities, food service fixtures and equipment, including but not be limited to, office furniture, small wares (which include dishes, flatware, pots, pans, mixers, glasses, utensils, etc.) electronic equipment, food carts, and other facilities used for the contracted concessionaire operations as is currently existing, provided by the CITY, or owned by CITY. All fixtures shall be maintained by CONTRACTOR in good condition and repair.

2. Food and Beverage Products: All food, beverages, confections, and refreshments sold or maintained for sale by CONTRACTOR shall be subject to approval or rejection by CITY. All food offered by the CONTRACTOR shall be well prepared, well cooked, and well served.

3. Operating Inventory (food and otherwise): CONTRACTOR shall at all times keep a sufficient supply of all food, beverage, and items to adequately serve the public. No adulterated, misbranded, or impure articles shall be sold or kept for sale by CONTRACTOR, and all items kept on hand by CONTRACTOR shall be stored and handled with due regard to sanitation and health and in conformity with all laws.

4. Master Calendar: It shall be the responsibility of CONTRACTOR to maintain a Master Calendar of bookings and reservations for concessions, luncheons and other group events, and to avoid duplication of reservations. In the event a conflict in booking occurs which cannot be resolved by negotiation, the matter shall be referred to CITY Designee whose decision shall be final.

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CONTRACTUAL SERVICES AGREEMENT
Exhibit "B"
Obligations of CITY
A. GENERAL

1. CITY shall provide safe grounds and facilities at Golf Course premise for public assembly and that meets fire safety, public access, local zoning, and other county, state, and federal requirements. Facilities include a lighted driving range, a professional golf shop, including office and storage, cart storage and repair area, banquet hall, bar and grill area, exterior patio area, commercial grade kitchen and all necessary kitchen equipment - all of which presently exist.

2. CITY shall assign a CITY Designee to interface with CONTRACTOR with regard to all aspects of the Golf Course management and operation and to provide coordination and communication between CITY and CONTRACTOR.

3. CITY shall pay all monthly charges for the CITY provided Point-of-Sale (POS) system and software, cash handling system, and an on-line t-sheet software service.

4. CITY shall reimburse CONTRACTOR for all costs associated with management and operations of Golf Course including Employee Compensation, Cost of Sales and Golf Course Expenses. .-rt .~ . A'
~v\T n{JA:

5. CITY shall pay a Fixed Monthly Management fee and fof5'% of all Net Golf Course Operating income.

6. CITY shall establish and maintain a Golf Course Deposit Account which all Golf Course revenues will be deposited into on a daily basis.

7. CITY shall pay all charges for gas, water, gas, trash, telephone, and electricity for Golf Course premises including all facilities; Pro Shop, Cart Storage Building, Driving Range, Concession areas, Kitchen, and exterior patio necessary to carry on the managed operations. The telephone number shall oe placed by CITY in lhe name of the facility and shall not be transferred to any other location.

8. CITY shall pay all monthly charges for burglar alarm system which currently exists at Golf Course premise.

9. CITY shall provide the funds required to CONTRACTOR, as provided in AGREEMENT, to operate and manage the Golf Course, and approve the annual fiscal operating budget for funds expensed to CONTRACTOR in management and operation of Golf Course.

Pico Rivera Municipal Golf Course Management Services Page 32 of39 A. GENERAL

CONTRACTUAL SERVICES AGREEMENT
Exhibit "B"
Obligations of CITY

1. CITY shall provide safe grounds and facilities at Golf Course premise for public assembly and that meets fire safety, public access, local zoning, and other county, state, and federal requirements. Facilities include a lighted driving range, a professional golf shop, including office and storage, cart storage and repair area, banquet hall, bar and grill area, exterior patio area, commercial grade kitchen and all necessary kitchen equipment - all of which presently exist.

2. CITY shall assign a CITY Designee to interface with CONTRACTOR with regard to all aspects of the Golf Course management and operation and to provide coordination and communication between CITY and CONTRACTOR.

3. CITY shall pay all monthly charges for the CITY provided Point-of-Sale (POS) system and software, cash handling system, and an on-line t-sheet software service.

4. CITY shall reimburse CONTRACTOR for all costs associated with management and operations of Golf Course including Employee Compensation, Cost of Sales and Golf Course Expenses.

5. CITY shall pay a Fixed Monthly Management fee and 70% of all Net Golf Course Operating income.

6. CITY shall establish and maintain a Golf Course Deposit Account which all Golf Course revenues will be deposited into on a daily basis.

7. CITY shall pay all charges for gas, water, gas, trash, telephone, and electricity for Golf Course premises including all facilities; Pro Shop, Cart Storage Building, Driving Range, Concession areas, Kitchen, and exterior patio necessary to carry on the managed operations. The telephone number shall be placed by CITY in the name of the facility and shall not be transferred to any other location.

8. CITY shall pay all monthly charges for burglar alarm system which currently exists at Golf Course premise.

9. CITY shall provide the funds required to CONTRACTOR, as provided in AGREEMENT, to operate and manage the Golf Course, and approve the annual fiscal operating budget for funds expensed to CONTRACTOR in management and operation of Golf Course.

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CONTRACTUAL SERVICES AGREEMENT

10. CITY shall provide all funds and services for any Major Capital Improvement project as provided in Section 12. Major Capital Improvement Projects. 11 . CITY shall be responsible to repair and replace driving range fencing and netting as required by normal wear.

12. CITY shall be responsible for the maintenance and repair of all items necessary and associated with back flow devices.

13. CITY shall provide and pay for the weekly cleaning of parking lot area by other contractor for parking lot street sweeping services.

14. CITY shall review financial reports, and provide direction to CONTRACTOR concerning the operation and management of Golf Course. Make budget adjustments as necessary.

15. CITY shall provide ADA policies and procedures, as per the terms of this AGREEMENT, and ensure that the Golf Course remain in compliance with ADA laws and other public safety considerations.

16. CITY shall market, promote, and advertise the Golf Course and associated amenities or operations in the Community Guide printed three (3) times per year, Pico Rivera Magazine printed at least two (2) times per year with one (1) feature article, on all CITY operated social media and website outlets.

17. CITY shall compensate CONTRACTOR timely for the services provided, as per the terms of this AGREEMENT.

18. CITY shall provide no less than six (6) electric golf carts and will replace carts, batteries and chargers on a regular schedule. CITY will provide all replacement parts for carts, batteries, and battery chargers.

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CONTRACTUAL SERVICES AGREEMENT
Exhibit "C"
Compensation Schedule

1. Within fifteen (15) days of execution of this contract, CITY shall provide CONTRACTOR with a one-time disbursement of Fifty Thousand Dollars ($50,000) for any reasonable start-up costs as incurred by CONTRACTOR during the transition phase for the operations and management of the Golf Course. CONTRACTOR shall provide CITY with records, including receipts, detailing expenditures and accounting for monies used from disbursement, within ten (10) days of purchase until all monies have been exhausted.

2. A fixed monthly management fee shall be paid to CONTRACTOR as follows:
a. A fixed monthly management fee of Four Thousand Dollars ($4,000) per month for the entire term of this AGREEMENT.
b. Should both parties mutually agree upon term extension(s) the Fixed Monthly Management Fee can be re-negotiated, at that time, and provided in the AGREEMENT extension.

3. Within fifteen (15) days after written receipt of a written request together with invoices and other appropriate back-up documentation, CITY shall reimburse CONTRACTOR for all reasonable, appropriate and authorized expenses, including Cost of Sales, Employee Compensation, and Golf Course Expenses incurred by CONTRACTOR as the result of CONTRACTOR's performance under this AGREEMENT, and allowed under the CITY's annual Operating Budget, including, all costs incurred by CONTRACTOR pursuant to Scope of Services as set forth in Exhibit "A", as approved by the CITY.

4. Any Net Golf Course Operating Income shall be shared and divided between parties with CITY receiving 30% and CONTRACTOR receiving 70% as determined by the monthly profit 2nd loss statement, provided by CONTRACTOR's vended accounting firm, with the exception of golf course lessons which shall be omitted from Net Golf Course Operating Income. All revenues received from provided golf lessons will be at the sole recipient of the CONTRACTOR. Should there be a Net Golf Course Operating 'oss, CONTRACTOR will include such loss on the monthly invoice to CITY for eimbursement up to a limit of $200,000 per fiscal year from CITY to CONTRACTOR.

Any loss beyond $200,000 per fiscal year will be at the sole cost to the VENDOR.

Pico Rivera Municipal Golf Course Management Services Page 34 of39

CONTRACTUAL SERVICES AGREEMENT

5. CONTRACTOR shall submit an invoice to CITY on a monthly basis for the previous month's Cost of Sales, Golf Course Expenses, Fixed Monthly Management Fee, and 70% of the Net Golf Course Operating Income as provided in accordance with this AGREEMENT.

6. Upon expiration or termination of agreement, with or without cause, Vendor agrees to either transfer ABC Liquor license to new vendor or surrender/close license.

Pico Rivera Municipal Golf Course Management Services Page 35 of39

CONTRACTUAL SERVICES AGREEMENT
Exhibit "D"
Courtesy Golf Privileges and Use of Carts
The Golf Professional-Manager, Golf Course Superintendent, and/or designated Assistant Golf Professionals may play the course without charge and have free use of carts. It shall be expected that these persons shall monitor golf play while playing such rounds in exchange for this privilege.

Members of the S.C.G.A. Course Rating Committee and U.S.G.A. Greens Evaluation Committee are granted courtesy play and free use of carts in their respective official capacities while conducting course surveys.

Visiting PGA Golf Professionals may receive free play privileges as authorized by the Golf Professional provided that such visiting Professional is authorized to reciprocate. Free cart use is not included and shall be rented at the regular rate.

Additional courtesy play and free use of carts may be authorized by the CITY Manager and CITY Council for other purposes that will benefit the CITY.

Starters shall be responsible for listing all of the above free play and free cart use privileges on the appropriate records. This shall include:
r
• Completing the Courtesy Golf Play Report for each golfer receiving a complementary round of golf.
• Entering all names on the daily starter sheet with a "Courtesy Play" notation. • Completing the cart rental form for the golfer's signature, noting "Courtesy Play" on all copies.

No other person(s) employed by the Golf Professional-Manager may receive courtesy play or free use of carts, including, but not be limited to, starters, cart attendants, and Pro Shop clerks.

Pico Rivera Municipal Golf Course Management Services Page 36 of39

CONTRACTUAL SERVICES AGREEMENT
Exhibit "E"
Weekly Golf Course Maintenance Report
Week of:

Task MON TUE WED THU FRI SAT SUN

1. Change Cup & Tee Marker Locations

2. Rake Traps

3. Repair Ball Marks

4. Fill Ball Washers & Replace Towels

5. Weed and Maintain Flower Beds

6. Mow Greens

7. Mow Collars & Tees

8. Mow Fairways

9. Mow Rough

10. Mow Around Trees

11. Edge Traps

12. Edge Cart Paths

13. Water Greens
Pico Rivera Municipal Golf Course Management Services Page 37 of39

CONTRACTUAL SERVICES AGREEMENT

14. Water Tees

15. Water Fairways

16. Clean & Service Restrooms

17. Chemical Applications
a. Greens
b. Tees
C. Fairways
d. Roughs

18. Inspect Pump Station Operation

19. Remove Lake Debris

20. lnspectrrreat Lake Algae & Weed Growth

21. Parking Lot
COMMENTS (EXTRAORDINARY WORK):

Pico Rivera Municipal Golf Course Management Services Page38 of39

CONTRACTUAL SERVICES AGREEMENT
SUBMITTED BY: - -------------- DATE: ________ _
Pico Rivera Municipal Golf Course Management Services Page39 of39 b. Transfer of knowledge from CITY staff and/or previous contractor to new CONTRACTOR employees.
c. Obtainment of all necessary licenses and/or permits, issued in the name of the CONTRACTOR, required for business operations.
d. Operations of the Pico Rivera Golf Course, including the maintenance, Pro Shop, and concession divisions as allowed by local, state, and federal laws without a health permit or alcohol/liquor license.

3. During this period the CITY shall be responsible for:
a. Completion of any necessary facility renovations to the Pico Rivera Golf Course facilities in compliance with all requirements to obtain all necessary licenses and/or permits required for business operations. b. During this period, and until the CITY has met all facility related requirements for issuance of a health permit, for full operations of restaurant and banquet services by CONTRACTOR, CITY shall be liable for all net operating losses, should there be any.

2. MODIFICATION OF EXHIBIT "A" SCOPE OF SERVICES; G. GOLF COURSE CONCESSION.

The Parties hereby add item 5.Fees Collected from Sales of Alcoholic Beverages to the Agreement to read:

5. Fees Collected from Sales of Food and Beverages: CONTRACTOR shall establish and maintain a Deposit account which all Pico Rivera Golf Course revenues obtained from the sale of any Food and Beverages will be deposited into on a daily basis. The Food and Beverage Deposit Account will be under the sole authority of the CONTRACTOR.

3. MODIFICATION OF EXHIBIT "B" OBLIGATIONS OF CITY; A. GENERAL.

The Parties hereby agree to delete A. General; Item No. 6, in its entirety and replace with the following:

6. CITY shall establish and maintain a Golf Course Deposit Account which all Golf Course revenues, with the exception of alcoholic beverage sales,will be deposited into on a daily basis.

4. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement and Amendment No. 1 to the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. ,.

5. EFFECTIVE DA TE.

Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 1.
[End of Amendment No. 1.]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.18-1807- 1 to be executed and attested by their respective officers hereunto duly authorized.

Steven Carmona, Acting City Manager
Dated: _S-_/.__2._q-'-/_f q __ _
ATTEST: ,
...
"CONTRACTOR"

S&S LABARGE GOLF, INCORPORATED
s!ldrall~.lid~
Dated: 5 / lg /,q ------------

APPROVED AS TO FORM
ez-Glasman, City Attorney
To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: AMENDMENT NO. 4 TO AGREEMENT NO. 21-1994 WITH
WILLDAN ENGINEERING, INC. FOR BUILDING

INSPECTION SERVICES
Recommendation:

1. Approve Amendment No. 4 to Agreement No. 21-1994 with Willdan Engineering, Inc. for an additional year in the amount of $180,000 and a total not-to-exceed amount of $358,000 to provide Building Inspection Services.

Fiscal Impact:

An additional budget appropriation is not needed for the amendment in the amount of $180,000 as these services were appropriately included in the FY 2022-23 Proposed Budget, within Account No. 100.30.4020.54500. Should the City require building inspection services, salary and benefit savings from the unfilled Senior Inspector position will also be utilized to cover expenses for this contract from Account No. 100.30.4020.51100. The amendment will allow staff time to fill building inspection staff positions during FY 2022-23.

Discussion:

On March 29, 2021, the City established a $30,000 three-month (3-month) Professional Service Agreement (PSA) with Willdan Engineering, Inc. to perform building inspection services until June 30, 2021 (Enclosure 1). Staff obtained bids from JAS Pacific, Inc.

Scott Fazekas & Associates, and Willdan Engineering, Inc. to compare costs. At the time of the request, Scott Fazekas & Associates did not have additional staff to perform contract services, and JAS Pacific, Inc.'s cost was higher than Willdan Engineering, Inc.'s.

During the onset of the COVID-19 pandemic and presently, the City has experienced an increase in private development projects and growing demand for inspection services.

With the Building Official and Building Inspector vacancies, Willdan Engineering Inc. continues to provide the building and safety services needed to meet demand. As a result, staff has brought three (3) amendments to the original PSA in the amount of $148,400 (bringing the total contract amount to $178,400) to fill critical staff augmentation 14 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 AMENDMENT NO. 4 TO AGREEMENT NO. 21-1994 WITH WILLDAN ENGINEERING, INC. FOR BUILDING INSPECTION SERVICES

needs to meet demand. Staff anticipates filling all budgeted Building and Safety vacancies in the coming FY 2022-23. The following provides a breakdown of the total of $178,400 spent with Willdan in the PSA and subsequent Amendments:

PSA 21-1994 (Enclosure 5) $30,000
Amendment No. 1 (Enclosure 4) Amendment to PSA Date
Amendment No. 2 (Enclosure 3) $42,000
Amendment No. 3 (Enclosure 2) $106,400
Staff now seeks approval of a fourth amendment to secure necessary building and safety services needed to meet the demands of the community. Amendment No. 4 (Proposed Enclosure 1) in the amount of $180,000 will bring the total not-to-exceed agreement amount to $358,400.

Conclusion:

Staff recommends that the City Council approve Amendment No. 4 to extend the contract with Willdan Engineering, Inc. for an additional year in a not-to-exceed additional amount of $180,000.

Steve Carmona
SC:MG:JF:dl
Enclosures: 1) Amendment No. 4
2) Amendment No. 3
3) Amendment No. 2
4) Amendment No. 1
5) Professional Services Agreement No. 21-1994
AMENDMENT NO. 4

TO THE PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING INC., AGREEMENT NO. 21-1994
THIS AMENDMENT NO. 4 TO AGREEMENT NO. 21-1994 FOR
PROFESSIONAL SERVICES WITH WILLDAN ENGINEERING INC., ("Amendment No. 4"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA ("CITY"), and WILLDAN ENGINEERING INC., ("CONSULTANT").

RECITALS
A. CITY and CONSULTANT (collectively referred to as the "PARTIES") have previously executed that certain Agreement No. 21-1994 Professional Services Agreement Between the City of Pico Rivera and Willdan Engineering, Inc. dated March 29, 2021, as amended by Amendments Nos. 1, 2, and 3 to the Professional Services Agreement with Willdan Engineering, Inc., dated June 25, 2021, October 13, 2021, and January 22, 2022 respectively ( collectively referred to as the "Agreement") relating to professional services in the City of Pico Rivera.

B. Pursuant to Sections 4, 5.1 and 32 of the Agreement, the PARTIES desire to amend Section 3.4 and 5.1 of the Agreement as set forth herein, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF ESTIMATED AMOUNT.

The compensation as set forth in Section 5 of the Agreement shall be modified as follows:

Consultant shall provide the services described in Section 5.1 regarding Consultant's Services and shall be compensated in accordance with Approved Fee Schedule set forth in Section 3.2 and the total compensation and costs payable to Consultant under this Agreement shall be increased by a not-to-exceed amount of $180,000.00 for a total not-to-exceed amount of $358,400.

2. TERM EXTENSION.

The contract term set forth in Section 3.4 of the Agreement shall be modified as follows:

3.4 "Expiration Date": June 30, 2023

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms Revised 4/2013
Enclosure 1
14a

Enclosure 2
14b

14c

Enclosure 4
14d

1 Enclosure 5
14e

To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-
2041 WITH CS LEGACY CONSTRUCTION,

INCORPORATED AND ISSUE A NOTICE OF COMPLETION
FOR THE PICO PARK PAVING PROJECT (CIP NO. P50018)
Recommendation:

1. Approve Amendment No. 1 to Agreement No. 21-2041 with CS Legacy Construction, Incorporated in an amount not-to-exceed $29,090 for the Pico Park Paving Project, (CIP P50018);

2. Authorize a budget transfer to transfer $14,090 from Account No. 100.40.4031- 54500 – Public Works Facilities Contracted Services to Account No. 100.80.8100- 54500-CIP No. P50018 – Recreation & Parks Contracted Services;

3. Accept the work as complete for the Pico Park Paving Project (CIP No. P50018) construction by CS Legacy Construction, Incorporated, and authorize the City Clerk to file the Notice of Completion (NOC) with the Los Angeles County Registrar-Recorder; and

4. Authorize the City Manager to release the retention payment to CS Legacy Construction, Incorporated following the mandatory waiting period from the date the NOC is recorded.

Fiscal Impact:

The total revised project budget for the Pico Park Paving Project is $326,351 including contingencies. An additional $14,090 is requested to be transferred from Account No. 100.40.4031-54500 – Public Works Facilities Contracted Services to Account No. 100.80.8100-54500-CIP No. P50018 – Recreation & Parks – Contracted Services, to complete the project.
15 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-2041 WITH CS LEGACY

CONSTRUCTION, INCORPORATED AND ISSUE A NOTICE OF COMPLETION FOR THE PICO PARK PAVING PROJECT (CIP NO. P50018)

Discussion:

On June 22, 2021, City Council (Council) authorized the execution of a purchase agreement with Musco Sports Lighting LLC, (Musco) in partnership with US Soccer Foundation in the amount of $100,000 for the installation of a Mini-Pitch Soccer Facility at Pico Park. In addition, Council authorized a budget of $220,000 to Account No. 100.80.8100-54500 Recreation & Parks – Contracted Services. A portion of this budget ($100,000) was for the mini-pitch facility purchase and installation by Musco and the remainder ($120,000) was for site preparation including new pavement, electrical, landscaping and lighting.

Plans for the site preparation and facility were developed, and on October 12, 2021, Council authorized an expansion of the project that included the addition of basketball courts. Funding was increased by $175,000, and a grant award of $40,000 from the National Recreation and Parks Association was accepted. Additionally, on October 12, 2021, Council approved a construction contract to CS Legacy Construction, Incorporated (CS Legacy) for the Pico Park Paving Project (CIP P50018) in the amount of $235,005 following a formal bidding procedure and allowed construction contingencies of $66,920.

Furthermore, Council authorized Amendment No. 1 to Agreement No. 21-2007 with Musco Lighting in collaboration with the US Soccer Foundation in the amount of $33,075 for a total contract not-to-exceed $133,075.

The revised project budget was as follows:

Total Project Budget
Total Project Costs
Description Amount
Musco/US Soccer Foundation Mini Pitch $ 133,075
Site Preparation – CS Legacy $ 235,005
Construction Contingency – CS Legacy $ 66,920
Total Costs $ 435,000
Total Project Funding
Description Amount
100.80.8100-54500 Recreation & Parks - Contracted Services (NRPA Grant Funding) $ 40,000
100.80.8100-54000 Recreation & Parks - Contracted Services $ 395,000 Total Funding $ 435,000
Construction began on November 15, 2021, and was substantially finished on April 4, 2022, with a Grand Opening Ceremony held on April 5, 2022. Following the ceremonial opening, a few minor punch list items were completed, and final construction was completed on June 2, 2022.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022
APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-2041 WITH CS LEGACY

CONSTRUCTION, INCORPORATED AND ISSUE A NOTICE OF COMPLETION FOR THE PICO PARK PAVING PROJECT (CIP NO. P50018)

During construction, several field changes were necessary in order to follow the intent of the design plans and accommodate conditions found in the field. The change orders were as follows:

Change Order Summary
Number Purpose Amount
1 Reduce Electrical Scope and Install Tamper Proof Pull Box Covers $4,256.69
2 Extra Grading and Extra Removals of Asphalt and Curb $8,863.31 3 Additional 6” Curb to compensate for grade differential $6,662.57 4 Additional Logos Painted $9,910.32
5 Additional Grading $4,642.45
6 Added quick coupler and other misc. irrigation $3,480.95 7 Not Used $0.00
8 Install 2 catch basins and 4’ deep sump $9,157.04
9 Additional surfacing (paint) at the play court. $34,500.00 10 Additional Safety Railing $9,872.75
Total $91,346.08
The total of these change orders ($91,346) raise the CS Legacy contract cost to $326,351. During construction, a revised Purchase Order (PO) for an additional $62,256 was issued, bringing the total construction contract cost to $297,261. Therefore, in order to close out the contract, an additional amendment is needed to Agreement No. 21-2041 in the amount of $29,090.

Moreover, the Musco contract had a scope decrease in the amount of $15,000, which will be unencumbered from the Musco PO and used for the CS Legacy PO.

The proposed revised project budget is as follows:

Total Revised Project Budget
Total Project Costs
Description Amount
Musco Lighting/US Soccer Foundation Mini Pitch $ 118,075.00 Site Preparation – CS Legacy Original Contract $ 235,005.00 Site Preparation – Additional PO 5/12/2022 $ 62,256.00
Site Preparation – Amendment No. 1 $ 29,090.08
Tree Removal West Coast Arborists $ 4,664.00
Total Costs $ 449,090.08
Total Project Funding
Description Amount
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022
APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 21-2041 WITH CS LEGACY

CONSTRUCTION, INCORPORATED AND ISSUE A NOTICE OF COMPLETION FOR THE PICO PARK PAVING PROJECT (CIP NO. P50018)

100.80.8100-54500 Recreation & Parks - Contracted Services (NRPA Grant Funding) $ 40,000.00
100.80.8100-54000 Recreation & Parks - Contracted Services $ 395,000.00 Additional Funds Recommended in this Staff Report $ 14,090.08 Total Funding $449,090.08
Conclusion:

The Pico Park Mini-Pitch acquisition and installation, as well as the Pico Park Paving Project (CIP No. P50018), were all completed successfully. It is recommended that the City Council approve Amendment No. 1 to the contract with CS Legacy for a not-toexceed amount of $29,090 to incorporate field change orders, appropriate the necessary additional budget, and authorize the City Clerk to file the notice of completion in order to make the final payment and close out the project.

Steve Carmona
SC:TR:ll
Enclosures: 1) Amendment No. 1
2) Contract Change Orders
ENCLOSURE 1
AMENDMENT NO. 1 TO AGREEMENT NO. 21-2041

BETWEEN THE CITY OF PICO RIVERA AND
C.S. LEGACY CONSTRUCTION, INC.

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 21-2041 CITY OF PICO RIVERA CONTRACT FOR PICO PARK PAVING PROJECT; CIP NO. P50018 BETWEEN THE CITY OF PICO RIVERA AND C.S. LEGACY CONSTRUCTION, INC. (“Amendment No. 1"), effective as of the date specified in paragraph 3 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“City”), and C.S. Legacy Construction, Inc., (“Contractor”).

RECITALS
A. City and Contractor (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 18-1803, City of Pico Rivera Contract for Pico Park Paving Project; CIP No. P50018, dated October 12, 2021 (“Agreement”).

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 3 and 16 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. EXTENSION OF TERM.

Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:

3.1 Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $29,090.08 (Total contract of $326,351.08). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.

2. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the City and Contractor shall remain in full force and effect.
15a
Amendment No. 1 to Agreement 21-2041
with C.S. Legacy Construction, Inc.

3. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the last of the parties, whether City or Contractor, executes this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. “City” “Contractor”
CITY OF PICO RIVERA C.S. Legacy Construction, Inc.
______________________________ _________________________________ Steve Carmona, City Manager Gregg Strumpf, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Enclosure 2
15b

2/28/2022
3/14/2022

Extra Work Proposal PCO 8 Date of Work
Project: Pico Park Date of proposal
Install (2) 18" x 18" catch basins/install 4' deep sump Labor
Name: Description Hours Rate Total
0 Forman 4 75.75 303
Grade checker 0 84.96 0
Labor 16 75.75 1212
Operator 16 98.04 1568.64
Mason 0 88 0
0 0
Subtotal Labor 3083.64 3083.64
Equipment
Type Description Hours Rate Total
0 Mini ex 16 85 1360
Trailer 8 40 320
Tool Truck 8 50 400
0 Subtotal Equipment 2080 2080
Materials
Description Qty Unit Total
0 Boxes/gravel 1 2,500.00 2500
0 0
0 0
Subtotal Materials 2500 2500
Rate Amount Total
Markup Sub 0.05 0 $ -
Markup Equip/mat 0.15 4580 $ 687.00
Markup Labor 0.2 3083.64 $ 616.73
Bond 0.01 $ 8,967.37 $ 89.67
SubtotalTotal Cost $ 9,057.04
Total Cost $ 9,057.04
4/14/2022
Agency Representative Date Contractors Representative Date 4/19/2022
4/20/2022
To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: STREET REHABILITATION PROGRAM CAPE SEAL/ARAM
(CIP NO. 50047) – CHANGE ORDER NO. 1
Recommendation:

1. Find that the requested “Changes in Work” for the project have no significant effect on the environment and approve the changes in the amount of $331,533.

The revised contract amount with Manhole Adjusting, Inc. for the Street Rehabilitation Program Cape Seal/ARAM 20/21 (CIP No. 50047) is $1,186,493; and

2. Approve the revised Total Project Budget (Enclosure 1).

Fiscal Impact:

The Adopted Budget fiscal year (FY) 2021-22 for CIP No. 50047 includes appropriations in the amount of $1,200,000 in Certificate of Participation (COP) Funds (Account No. 305.70.7300.54500-50047), and $200,000 in SB1 Funds (Account No. 202.70.7300.54500-50047). No additional funding is required at this time. There is no fiscal impact to the General Fund. The revised total cost to complete construction is $1,389,676.

Discussion:

At its meeting of January 25, 2022, the City Council awarded a construction contract in the amount of $854,960 to Manhole Adjusting, Inc., for the construction of the Street Rehabilitation Program Cape Seal/ARAM 20/21 (CIP No. 50047) following a bid solicitation in accordance with the Public Contract Code.

To date, Manhole Adjusting Inc., has completed 20% of the project per the approved plans and specifications and the original contract. The work has also been completed with good quality and workmanship. In an effort to take advantage of established low contract unit prices to address additional street repair needs, staff recommends using a new “Hyrap” form of seal on streets that are in bad repair and are identified for future reconstruction, be added to this contract. The City currently has a backlog of citizen 16 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 STREET REHABILITATION PROGRAM CAPE SEAL/ARAM (CIP NO. 50047) CHANGE ORDER NO. 1

requests for pavement repairs, and maintenance staff has been repairing potholes in a “triage” mode on the added streets for years. With prices rising, locking in these repairs on this contract is the recommended approach.

The street segments to receive Hyrap and incidental required ADA ramp repairs are:

Winchell Street: from Millux Street to Pico Vista Street Maxine Street: from Buhman Avenue to Sideview Drive
Eglise Avenue: from Maxine Street to Claymore Street
Claymore Street: from Passons Boulevard to Cord Avenue
Conclusion:

The total cost of the recommended change order is $331,533. This represents a 39% increase in the total contract amount. However, completing the work as a change order to the existing contract provides savings to the city by eliminating the administrative cost of preparing and administering a separate contract solicitation. Furthermore, completing the work by change order also accelerates the needed repairs by as much as 12 months compared to the schedule for preparing and administering a separate contract solicitation and would ensure that the repairs are completed under the existing pricing, which in these times of inflation, is prudent.

Steve Carmona
SC:TR:ll
Enclosure: 1) Total Project Budget
2) Change Order Detail
3) Amendment No. 1
ENCLOSURE 1
STREET REHABILITATION PROGRAM CAPE SEAL/ARAM 20/21
CIP NO. 50047

TOTAL PROJECT BUDGET
As of May 25, 2022
Project Activity Estimated Cost
Design $42,687
Construction (Manhole Adjusting, Inc.) $854,960
Construction Contingency (10%) $85,496
Construction Management and Inspection (staff time) $75,000 Change Order #1 (Recommended) $331,533
TOTAL PROJECT COST: $1,389,676
Funding Category Estimated Budget
COP Fund (Appropriated FY 2021-22) $1,200,00
SB1 Fund (Appropriated FY 2021-22) $200,000
TOTAL PROJECT BUDGET: $1,400,000
16a
Change Order Detail Enclosure 2
City of Pico Rivera May 3, 2022
City Project 50047
MAI Job 2327

ADDITIONS
Items Square Feet Unit Unit Price Total
All Locations: Winchell, Maxine, Eglise and Claymore
1 Mobilizatio for HYRAP 1 LS $16,500.00 $16,500.00
2 Traffic Control for HYRAP 1 LS $6,500.00 $6,500.00
3 ARAM Interlayer 146,718 SF $0.65 $95,366.70
4 HYRAP Paving 790 Ton $178.00 $140,620.00
5 Micro-Mill Header 7' Wide 58,254 SF $0.53 $30,874.62
6 Micro-Mill Transition 20' 6,600 SF $0.53 $3,498.00
7 ADA Ramp 10 EA $5,513.00 $55,130.00
8 Double Adjust MH 2 EA $1,150.00 $2,300.00
9 Single Adju MH 11 EA $575.00 $6,325.00
10 Double Adjust WV 12 EA $1,070.00 $12,840.00
11 Stop Legend 3 Ea $158.00 $474.00
12 Asphalt Patch 20 Ton $215.15 $4,303.00
13 Dig Out at Stop Point 4" 1,185.00 SF $16.00 $18,960.00 $393,691.32
Additional Items
R/R Driveway 9643 Winchell 60 SF $31.25 $1,875.00
Slurry Seal/Stripe Parking Lot at Rivera Park 1 LS $5,760.00 $5,760.00 Install One-Half Cross Gutter at Sideview & Maxine 88 SF $68.40 $6,019.20 Remove/Replace In-Kind Regulatory Signs 30 EA $136.00 $4,080.00 $17,734.20
TOTAL ADDITIONS $411,425.52

DEDUCTIONS
1 Remove cape seal from alleys and only use slurry seal 34164 SF $ 0.65 22,206.60$ 2 Deletion of Homebrook (School ROW) Cape Seal 27342 SF $ 0.90 24,607.80$ \\isfs02\sharedfolders\City Clerk\Public\City Council Agendas\2022\06-14-22\Public Works\FINAL\5. STREET REHABILITATION PROGRAM CAPE SEALARAM (CIP NO. 50047) – CHANGE ORDER NO. 1\6 14 2022 Change Order for CIP 50047\Enclosure 2 Change Order Detail 16b
Change Order Detail Enclosure 2
3 Deletion of Homebrook (School ROW) ADA Ramps 6 EA $ 5,513.00 $ 33,078.00 TOTAL DEDUCTIONS $ 79,892.40
TOTAL INCREASE TO CONTRACT $331,533.12
\\isfs02\sharedfolders\City Clerk\Public\City Council Agendas\2022\06-14-22\Public Works\FINAL\5. STREET REHABILITATION PROGRAM CAPE SEALARAM (CIP NO. 50047) – CHANGE ORDER NO. 1\6 14 2022 Change Order for CIP 50047\Enclosure 2 Change Order Detail ENCLOSURE 3
AMENDMENT NO. 1
TO AGREEMENT NO. 22-2062
FOR REHABILITATION PROJECT – CAPE SEAL/ARAM
THIS FIRST AMENDMENT TO AGREEMENT NO. 22-2062 FOR REHABILITATION PROJECT – CAPE SEAL/ARAM CIP NO. 50047 (“First Amendment"), shall be effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and Manhole Adjusting, Inc., (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “Parties”) have previously executed that certain Agreement No. 22-2062 (“Agreement”) relating to the Citywide Street Rehabilitation Project – Cape Seal / ARAM CIP No. 50047 in the City of Pico Rivera.

B. The Parties desire to amend said Agreement as set forth herein, pursuant to Section 16 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:

1. MODIFICATION TO THE SCOPE OF SERVICES.

The Scope of Services to be performed by CONTRACTOR, as set forth in Section 2 of the Agreement and in the Contract Documents shall herby be modified by the CONTRACTOR’s proposal attached hereto as Exhibit A-1. Exhibit A-1 is hereby incorporated by reference into the Agreement.

2. MODIFICATION OF CONSULTANT’S COMPENSATION.

The Contract Price to be paid by CITY to CONTRACTOR under Section 3.1, shall be hereby increased by a sum exceed maximum contract amount of Three Hundred Thirty-One Thousand Five Hundred Thirty-Three Dollars and Twelve Cents ($331,533.12) for the modified scope of work included in Exhibit A-1.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this First Amendment shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this First Amendment.
16c
First Amendment
Agreement No. 22-2062 Cape Seal / ARAM CIP No. 50047
Manhole Adjusting, Inc.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA Manhole Adjusting, Inc.
______________________________ _________________________________ Dr. Monica Sanchez, Mayor John Corcoran, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney To: Mayor and City Council
From: City Manager
Meeting Date: June 14, 2022
Subject: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 17-
1761 AND NO. 17-1762 WITH HAZELRIGG CLAIMS

MANAGEMENT SERVICES INCORPORATED, A TRISTAR

COMPANY
Recommendation:

1. Approve Contracted Services Amendment No. 2 to Agreement No. 17-1761 and Agreement No. 17-1762 with Hazelrigg Claims Management Services, Incorporated, a Tristar Group.

Fiscal Impact:

The total cost for fiscal year (FY) 2022-23 is budgeted at a not-to-exceed amount of $86,000 for both Workers’ Compensation ($46,000) and Property and Liability ($40,000) in G/L Account 100.60.6005.54500. For FY 2023-24 adequate funding will be budgeted at a not-to-exceed amount of $89,100 for both Workers’ Compensation ($47,700) and Property and Liability ($41,400) in the same G/L account.

Background:

On June 13, 2017, the City Council approved the execution of a joint powers agreement with CSAC Excess Insurance Authority. This action transitioned the City from its previous insurance pool, California Joint Powers Insurance Authority (CJPIA) and saved approximately $1.3 million during the first year of operation (FY 2017-18). The transition to CSAC not only saved the City in direct insurance premium costs, but also provided greater ability to manage the entire claims process. In addition, the City approved the Professional Services Agreement for Hazelrigg Claims Management Services, Incorporated (HCMS), a Tristar Group to serve as the Third-Party Administrator for both the Workers’ Compensation and Property and Liability claims administration.

Discussion:

The City has five full years of experience with Hazelrigg Claims Management Services, Incorporated, a Tristar Group, in providing the City with claims administration. HCMS 17 CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 14, 2022 APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 17-1761 AND AGREEMENT NO. 17-1762 FOR TRISTAR GROUP

has established various programs and policies in claims administration, allowing them to reach a successful level of performance in providing the City with the most productive and personalized claims management service. This administrative style is coordinated with the excellent performance of its personnel, resulting in HCMS’ attention to detail, documentation, and well-organized approach towards claims handling. This not only benefits the claimants, but the City as well, by contributing to better employee relations and reducing the timeline for resolving claims. The ultimate result is lower claim costs and improvement in experience modification factors.

Conclusion:

Staff recommends that the City Council approve Amendment No. 2 to Agreement No. 17-1761 and Agreement 17-1762 for Hazelrigg Claims Management Services Incorporated, a Tristar Group.

Steve Carmona
SC:AG:LN:sp
Enclosures: 1) Amendment No. 2 to Agreement No. 17-1761-1 2) Amendment No. 2 to Agreement No. 17-1762-1
3) Agreement No. 17-1761-1
4) Agreement No. 17-1762-1
5) Fee Schedule
AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES AGREEMENT

WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, AGREEMENT NO. 17-1761
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 17-1761 FOR
PROFESSIONAL SERVICES OF WORKERS’ COMPENSATION CLAIMS
ADMINISTRATOR SERVICES (“Amendment No. 2"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 17-1761 (“Agreement”) relating to professional services in the City of Pico Rivera.

B. The PARTIES desire to amend Section 1 of the Agreement as set forth herein, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF ESTIMATED AMOUNT AND CONTRACT EXPIRATION DATE.

The contract amount as set forth in Section 2a of the Agreement shall be modified as follows:

CONTRACTOR shall provide the services described in Enclosure 5 regarding professional services and shall be compensated at $3,833 per month not to exceed $46,000 for fiscal year 2022-23. In fiscal year 2023-24 shall be compensated at a rate of $3,966.66 per month not to exceed $47,600.

2. TERM EXTENSION.

The contract term set forth in Section 3 of the Agreement shall be modified as follows:

The Agreement shall expire on June 30, 2024, unless sooner terminated as hereinafter provided.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.

Enclosure 1
17a
Amendment No. 2 to Agreement No. 17-1761

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No.2.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”

CITY OF PICO RIVERA HAZELRIGG CLAIMS MANAGEMENT

SERVICES, INCORPORATED, A TRISTAR
GROUP
______________________________ _________________________________ Steve Carmona, City Manager Thomas J. Veale, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES AGREEMENT

WITH HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, AGREEMENT NO. 17-1762
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 17-1762 FOR

PROFESSIONAL SERVICES OF PROPERTY AND LIABILTY CLAIMS
ADMINISTRATION SERVICES (“Amendment No. 2"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and HAZELRIGG CLAIMS MANAGEMENT SERVICES, INCORPORATED, (“CONTRACTOR”).

RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 17-1762 (“Agreement”) relating to professional services in the City of Pico Rivera.

B. The PARTIES desire to amend Section 1 of the Agreement as set forth herein, NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF ESTIMATED AMOUNT AND CONTRACT EXPIRATION DATE.

The contract amount as set forth in Section 2a of the Agreement shall be modified as follows:

CONTRACTOR shall provide the services described in Enclosure 5 regarding professional services and shall be compensated at a rate of $3,333 per month not to exceed $40,000 for fiscal year 2022-23. In fiscal year 2023-24 shall be compensated at a rate of $3,450 per month not to exceed $41,400.

2. TERM EXTENSION.

The contract term set forth in Section 3 of the Agreement shall be modified as follows:

The Agreement shall expire on June 30, 2024, unless sooner terminated as hereinafter provided.

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.

Enclosure 2
17b
Amendment No. 2 to Agreement No. 17-1762

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 2.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR” HAZELRIGG CLAIMS

CITY OF PICO RIVERA MANAGEMENT SERVICES INCORPORATED,

A TRISTAR GROUP
______________________________ _________________________________ Steve Carmona, City Manager Thomas J. Veale, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ __________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Enclosure 3
17c

Enclosure 4
17d

Enclosure 5
17e
A Regular Meeting of the Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council, Successor Agency and Water Authority.

Items appear as listed on the combined agenda for the meeting of April 26, 2022.

Authority President Dr. Sanchez called the meeting to order at 6:02 p.m.

PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
PUBLIC COMMENTS: None
PUBLIC HEARING: None
CONSENT CALENDAR:

Water Authority:

18. Minutes:
• Approved Water Authority meeting of April 12, 2022

19. PFAS Treatment Systems – Plants 1, 2 and Well 5 Project (CIP No. 50042) – WRD Grant PFAS Remediation Program Participation Agreement. (500)

1. Authorized the Executive Director to execute the Water Replenishment District of Southern California (WRD) PFAS Remediation Program Participation Agreement for the PFAS Treatment Systems – Plants 1, 2 and Well 5 Project, CIP No. 50042 (Project) for reimbursement in the amount of $5,853,000 in a form approved by the City Attorney, and all other documents necessary to fulfill the duties and obligations under the grant;

2. Adopted Financial Capability Resolution certifying that Pico Rivera Water Authority (PRWA) has adequate financial reserves and ability to cover any and all costs in excess of the WRD grant funding for the Project; and

3. Approved receipt and appropriation of WRD reimbursements totaling $5,853,000 to the Water Authority Fund Account No. 699.70.7340.54500- CIP50042.

Agreement No. 22-61
Motion by Vice President Lutz, seconded by Commissioner Camacho to approve Consent Calendar Item Nos. 18 and 19. Motion carries by the following roll call vote:

AYES: Camacho, Elias, Lara, Lutz, Sanchez
Tuesday, April 26, 2022
18 4-26-22 Water Minutes

NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA:

23. Authorize Purchase of Advance Meter Infrastructure with Ferguson Waterworks. (700)
Motion by Commissioner Lara, seconded by Commissioner Elias to 1) authorize the purchase of Neptune Advance Water Meter Infrastructure (CIP No. 50072) from Ferguson Waterworks in the amount of $2,729,097 and authorize the Executive Director to execute an agreement in a form approved by the General Counsel; and 2) amend fiscal year (FY) 2021-22 Adopted Budget by appropriating $2,729,097 in Water Funds (Fund 550) to Account No. 550.70.7300.54500.50072 for the purchase of Advance Meter Infrastructure.

Motion carries by the following roll call vote:

Agreement No. 22-62
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
ADJOURNMENT:

President Dr. Sanchez adjourned the Water Authority meeting at 8:44 p.m. There being no objection it was so ordered.

AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
ABSENT: None
________________________________
Dr. Monica Sanchez, President
ATTEST:
________________________________
Anna M. Jerome, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated April 26, 2022 and received and filed by the Water Authority on June 14, 2022.
_______________________________
Anna M. Jerome, Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: June 14, 2022
Subject: EMERGENCY REPAIR OF TRANSMISSION WATER MAIN,

VALVE INSTALLATION AND REPAIR FIRE LINE

PROTECTION
Recommendation:

1. Confirm by 4/5ths vote, the action of the Interim Public Works Director, in accordance with Section 3.48.110 of the Municipal Code, which declared the water main breaks on Slauson Avenue and Industry Road, and at 8101 Rosemead Boulevard as public emergencies; and

2. Authorize the Executive Director to approve payment to Doty Brothers Construction in the amount of $67,336.

Fiscal Impact:

The fiscal year (FY) 2021-22 Water Authority Budget, Account No. 550.40.4920-54500 (Contracted Services), has sufficient budget for this emergency repair. No additional funding is required.

Discussion:

Pico Rivera Water Authority (PRWA) experienced a major failure on a 12-inch transmission water main at the intersection of Slauson Avenue and Industry Road on February 12, 2022. PRWA staff solicited four (4) construction companies by phone. Doty Brothers Construction was the only contractor available to begin work the same day.

Work performed included removal of 400 sq. feet of concrete pad intersection, removal of 20 feet of asbestos cement pipeline and 10 feet of steel pipeline, and two sections of failed 12-inch pipeline. New 12-inch ductile iron pipe was installed, and all work was completed per City specifications.

On March 22, 2022, PRWA experienced a main line break at 8101 Rosemead Boulevard (Gas Company entrance) at approximately 3 p.m. The water main line failed and ruptured a 6” inch fire protection mainline at the back of the property near Crossway Drive. Due to the location of the leak, staff was unable to isolate and repair. PRWA staff immediately solicited four (4) construction companies by phone, Doty Brothers Construction was first to respond and arrived on site within the hour. Work performed included installation of a 19 PICO RIVERA WATER AUTHORITY – MEETING OF JUNE 14, 2022

EMERGENCY REPAIR OF TRANSMISSION MAIN, VALVE INSTALLATION AND REPAIR FIRE LINE PROTECTION.