AMENDMENT #1
TO
CONTRACT #032119-CAT
THIS AMENDMENT is by and between Sourcewell and Caterpillar Inc. (Vendor).
Sourcewell awarded a contract to Vendor for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies effective May 13, 2019, through May 13, 2023 (Contract). Vendor implemented changes to its dealer reporting system and now wishes to modify the Contract to accurately report Administrative Fee payment calculations.
The parties wish to amend the following terms within the Contract:
1. This Amendment is effective upon the date of the last signature below.
2. Any Contract term related to calculation of Administrative Fee that is paid to Sourcewell is deleted and replaced with the following:
“Vendor will pay to Sourcewell an Administration Fee calculated at 0.33% of Caterpillar’s MSRP for each piece of equipment purchased by Sourcewell’s Participating Entities.
Caterpillar will pay the Administration Fee to Sourcewell on a quarterly basis.” Except as amended above, the Contract remains in full force and effect.
Sourcewell Caterpillar Inc.
By: By:
Jeremy Schwartz, Chief Procurement Officer Dawn Zink
Date: Title:
Approved: Date:
By:
Chad Coauette, Executive Director/CEO
Date:
To: Mayor and City Council
From: City Manager
Meeting Date: July 12, 2022
Subject: APPROVE RATIFICATION OF APPROVAL OF
CALIFORNIA CHOICE ENERGY AUTHORITY ENTERING
INTO LONG-TERM RESOURCE ADEQUACY
AGREEMENTS WITH RESI STATION, LLC AND
TECOLOTE WIND, LLC ON BEHALF OF PICO RIVERA
INNOVATIVE MUNICIPAL ENERGY
Recommendation:
1. Approve ratification of approval of California Choice Energy Authority (CalChoice) entering into long-term resource adequacy agreements with Resi Station, LLC and Tecolote Wind, LLC on behalf of Pico Rivera Innovative Municipal Energy (PRIME).
Fiscal Impact:
The total not-to-exceed agreement amount for Resi Station, LLC is $327,713 over a ten (10) year period beginning in 2023. The total not-to-exceed agreement amount for Tecolote Wind, LLC is $3,130,444 over 15 years. Both amounts will be recorded to G/L Account No. 560.16.1635-54277. There will be sufficient revenues generated to cover operating expenses, including power procurement, and to fund reserves to provide financial and rate stability to the program.
Background:
On January 24, 2017, City Council (City Council) of the City of Pico Rivera (City) adopted Ordinance No. 1105 establishing the Pico Rivera Community Choice Aggregation (CCA) Program, known as “PRIME”. PRIME began serving customers in September 2017 and became fully operational in May 2018. As a CCA, PRIME is required to meet certain state-mandated obligations, including those required by the California Public Utilities Commission (CPUC).
In November 2019 and June 2021, the CPUC issued procurement orders to all loadserving entities (LSEs), including CCAs such as PRIME. Both procurement orders seek to ensure that there are sufficient resources available to guarantee electric grid reliability and to meet the state’s greenhouse-gas (GHG) emissions reduction goals for the electricity sector, as well as imposes procurement requirements on all load-serving CITY COUNCIL AGENDA REPORT – MEETING OF JULY 12, 2022
APPROVE RATIFICATION OF APPROVAL OF CALIFORNIA CHOICE ENERGY
AUTHORITY ENTERING INTO LONG-TERM RESOURCE ADEQUACY
AGREEMENTS WITH RESI STATION, LLC AND TECOLOTE WIND, LLC ON BEHALF
OF PICO RIVERA INNOVATIVE MUNICIPAL ENERGY
entities (LSEs), including CCAs. The first order, Decision 19-11-016 (the Decision) adopted by the CPUC in November 2019, ordered 3,300 MW of new generation resources to come online in the years 2021 – 2023. The second order, Decision 21-06- 035 (Mid-Term Reliability Order) or (MTR), adopted in June 2021, ordered an additional 11,500 MW of new generation resources to come online in the years 2023 – 2026, with all the resources coming from zero-emitting sources or non-fossil fuel resources.
PRIME’s MTR requirement for the four-year period is 14 MW. All LSEs must contract for clean resources, such as renewable energy, stand-alone battery storage, renewable energy plus battery storage, and demand response. Contracts must be ten (10) years or greater from the initial project delivery date to the end of the term. Contract terms for renewable energy resources vary from ten (10) years to 20 years, often depending on the energy technology being procured or the conditions set forth by the energy project developer.
Discussion:
To meet the requirements of the Decision and the MTR, CalChoice joined with Desert Community Energy and Clean Energy Alliance to issue a joint Request for Proposals for MTR projects in January 2022. Over 100 unique offers from 22 developers were received. Additionally, CalChoice on behalf of PRIME and its other member agencies continues to seek out projects that meet the requirements and engage in bilateral negotiations.
CalChoice and its legal and technical team have negotiated an agreement with demand response provider OhmConnect Inc. for the Resi Station, LLC project (Resi Station) for long-term demand response resource adequacy. The project will begin delivering resource adequacy for PRIME in 2023. This agreement will be used to fulfill PRIME’s procurement order under the Decision.
Additionally, CalChoice’s legal and technical team have negotiated an agreement with wind developer Pattern Energy Group LP for the Tecolote Wind, LLC project (Tecolote).
The Tecolote project will begin delivering resource adequacy in 2023 and will be used to fulfill a portion of PRIME’s procurement obligation under the MTR.
Because of high market demand created by the CPUC procurement orders, and low supply due to energy market conditions such as drought and the scheduled winding down of natural gas-fired generators, CalChoice has needed to act swiftly to keep from losing negotiated contracts to other buyers that are willing to offer a higher price to avoid being non-compliant with CPUC orders. Non-compliance with state-mandated compliance obligations, including the CPUC-mandated procurement orders, often carry severe financial penalties. In the agreements, Resi Station and Tecolote both recognize and accept the secured deposit account in the name of the City of Pico Rivera (City) as credit and collateral, and no other security or credit backing by the City will be required.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 12, 2022
APPROVE RATIFICATION OF APPROVAL OF CALIFORNIA CHOICE ENERGY
AUTHORITY ENTERING INTO LONG-TERM RESOURCE ADEQUACY
AGREEMENTS WITH RESI STATION, LLC AND TECOLOTE WIND, LLC ON BEHALF
OF PICO RIVERA INNOVATIVE MUNICIPAL ENERGY
Upon approval of this item by the City, Resi Station (OhmConnect) and Tecolote (Pattern) will each execute a Joinder to the Intercreditor and Collateral Agency Agreement, ensuring the protection of the City’s general fund.
Conclusion:
Approve the Ratification of Approval of California Choice Energy Authority Entering into Resource Adequacy Agreements with Resi Station, LLC and Tecolote Wind LLC on behalf of Pico Rivera Innovative Municipal Energy.
Steve Carmona
SC:AG:ac
Enclosures: 1) Redacted Power Purchase Agreement – Resi Station, LLC 2) Redacted Power Purchase Agreement – Tecolote Wind, LLC ENCLOSURE 1 - REDACTED POWER PURCHASE
AGREEMENT – RESI STATION, LLC
PLEASE SEE CITY
CLERKS OFFICE ON
MONDAY 7/11/2022
ENCLOSURE 2 - REDACTED POWER PURCHASE
AGREEMENT – TECOLOTE, LLC
PLEASE SEE CITY
CLERKS OFFICE ON
MONDAY 7/11/2022
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 and Water Authority. Items appear as listed on the combined agenda for the meeting of June 28, 2022.
Authority President Dr. Sanchez called the meeting to order at 6:03 p.m.
PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
PUBLIC COMMENTS: None
PUBLIC HEARING: None
CONSENT CALENDAR:
Water Authority:
19. Minutes:
• Approved Water Authority regular meeting of June 14, 2022
20. Water Wells Nos. 1, 3, 11 and 12 Rehabilitation Project (CIP No. 21337) – Notice of Completion. (500)
1. Accepted the work as completed for the Water Wells Nos. 1, 3, 11 and 12 Rehabilitation Project (CIP No. 21337) constructed by Weber Water Resources CA, LLC (Weber) and authorized the Authority Secretary to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorized the Executive Director to release the retention payment to Weber following the mandatory waiting period from the date the Notice of Completion is recorded.
21. Purchase of a Doosan G570WCU Diesel Power Trailer Mounted Generator for Pico Rivera Water Authority (PRWA). (700)
1. Authorized the purchase of an Emergency Power Generator in the amount of $253,952 from Volvo Construction Equipment using Sourcewell (previously known as National Joint Powers Alliance) Contract No. 041719- CEC; and
2. Authorized the Executive Director to execute all documents related to the purchase of the emergency power generator.
Tuesday, June 28, 2022
6-28-22 Water Minutes
22. Purchase of an F-250 and F-350 Utility Body Work Trucks for the Pico Rivera Water Authority (PRWA). (700)
1. Authorized the purchase of a F-250 and F-350 Super Cab Utility Work Trucks in the amount of $130,799 from Rush Truck Center in Whittier using the National Cooperative Purchasing Alliance (NCPA) Contract No. 05-47 for Heavy Equipment, Diesel Truck, Bus Parts and Related Goods and Services; and
2. Authorized the Executive Director to execute all documents related to the purchase of the vehicle.
Motion by Commissioner Lara, seconded by Commissioner Camacho to approve Consent Calendar Item Nos. 19 , 20, 21 and 22. Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:
President Dr. Sanchez adjourned the Water Authority meeting at 9:43 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 June 28, 2022 and received and filed by the Water Authority on July 12, 2022.
_______________________________
Anna M. Jerome, Authority Secretary
To: President and Commissioners
From: Executive Director
Meeting Date: July 12, 2022
Subject: ADOPT RESOLUTION FOR THE APPLICATION TO THE
DEPARTMENT OF THE INTERIOR, BUREAU OF
RECLAMATION’S WATERSMART GRANT PROGRAM –
WATER AND ENERGY EFFICIENCY GRANTS FOR FISCAL
YEAR 2023
Recommendation:
1) Adopt a Resolution approving the submittal of an application to the Department of the Interior, Bureau of Reclamation’s WaterSMART Grant Program: Water and Energy Efficiency Grants for fiscal year (FY) 2023; and
2) Authorize the Executive Director to execute all documents necessary to fulfill the duties and obligations under the grant.
Fiscal Impact:
The Adopted Budget for Fiscal Year 2021-22 and 2022-23 include appropriations in the amount of $3,700,000 from Water Fund (Fund 550) (Account No. 550.70.7300-54500- 50072) for the Advance Meter Infrastructure Project, CIP No. 50072. The total estimated cost of the project for the grant application is $4,430,000, which includes eligible materials procured by staff and construction contract cost for installation of advance water meters.
The maximum amount Pico Rivera Water Authority (PRWA) could receive from this grant award is $2,215,000. If PRWA is awarded the WaterSMART Grant, $2,215,000 in Water Funds (Fund 550) would be the PRWA’s required local match. The project currently includes sufficient fund balance to make this local match should the PRWA be successful in being awarded the WaterSMART Grant. If PRWA is not awarded the grant, the installation will be performed by in-house staff within funding available in the Adopted Fiscal Year 2022- 23 budget.
Discussion:
On May 2, 2022, the U.S. Department of the Interior’s Bureau of Reclamation published Notice of Funding Opportunity (NOFO) No. R23AS00008 for the WaterSMART Grants:
Water and Energy Efficiency Grants for Fiscal Year 2023 (WaterSMART). The WaterSMART Program provides 50/50 cost share funding to irrigation and water districts, tribes, states and other entities with water or power delivery authority for water efficiency improvements. The NOFO provides funding for projects that result in quantifiable water savings, implement renewable energy components, and support broader sustainability WATER AUTHORITY AGENDA REPORT – MEETING OF OF JULY 12, 2022
ADOPT RESOLUTION FOR THE APPLICATION TO THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION’S WATERSMART GRANT PROGRAM – WATER AND ENERGY EFFICIENCY GRANTS FOR FISCAL YEAR 2023
benefits. Proposed projects conserve and use water more efficiently, increase the production of renewable energy, mitigate conflict risk in areas at a high risk of future water conflict, and accomplish other benefits that contribute to sustainability in the Western United States. Eligible projects include municipal metering that result in measurable water savings.
The filing deadline for the grant is July 28, 2022. PRWA will submit an application requesting $2,215,000 in federal grant funds through this program for the Advance Meter Infrastructure (AMI) Project, CIP 50072. The project consists of replacing approximately 9,600 water meters with new AMI water meters as well as implementation of AMI technology into PRWA’s Customer Service Billing software.
The project will result in measurable water savings due to the data gathered by an AMI system that can reveal problematic areas within the system helping staff to better manage the production, storage, and distribution of water. An AMI system would also have the capability to detect abnormal high water consumption which can indicate the presence of leaks at the customer’s premises, as well as provide customers usage data affecting water use habits during periods in which water restrictions are in place.
The application requires a resolution containing specific provisions as set forth in the WaterSMART guidelines. The Resolution must be submitted to the Bureau of Reclamation within thirty (30) days of the application deadline.
The resolution establishes approval to submit the application, a commitment to provide a minimum 50% local match, and authorization for the Executive Director to execute grant documents.
The total estimated cost of the project for the grant application is $4,430,000. The maximum amount the City can receive from the WaterSMART Grant is $2,215,000.
Therefore, if the City is awarded the WaterSMART Grant, the local match contribution from the City will be $2,215,000 in Water Authority Funds.
Conclusion:
Staff recommends adoption of the attached Resolution to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation, for the Fiscal Year 2023 WaterSMART: Water and Energy Efficiency Grant for the AMI Project, CIP 50072 and authorize the Executive Director, or designee, to execute grant agreements.
Steve Carmona
SC:TR:KG:AR:ll
Enclosure: 1) Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE PICO RIVERA WATER AUTHORITY
APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE U.S.
DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION,
WATERSMART WATER AND ENERGY EFFICIENCY GRANT
PROGRAM FOR THE ADVANCE METERING INFRASTRUCTURE
PROJECT
WHEREAS, the United States Department of the Interior Bureau of Reclamation implemented its grant program known as the WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2023, which includes grant funding opportunities; WHEREAS, Pico Rivera Water Authority is seeking a WaterSMART Grant (“Grant”) to fund the replacement of City water meters with AMI meters; WHEREAS, to remain eligible to receive WaterSMART Grant funding, Pico Rivera Water Authority must, prior to or within thirty (30) days after the application deadline (July 28, 2022), submit a Resolution to the Department of the Interior Bureau of Reclamation verifying information that the Bureau requires for Grant funding; and WHEREAS, if awarded, the total amount of the WaterSMART Grant will be used to replace up to 9,600 water meters with AMI meters.
NOW, THEREFORE, BE IT RESOLVED, by the Pico Rivera Water Authority as follows:
SECTION 1. The Board of Directors of the Pico Rivera Water Authority hereby finds, determines, and declares as follows:
A. Pico Rivera Water Authority provides potable water for all of Pico Rivera businesses and residents with its service area. Pico Rivera Water Authority charges for water used by these customers using traditional mechanical meters that must be read manually by Pico Rivera Water Authority and have no transmitting capabilities.
B. Pico Rivera Water Authority is in the planning stages of an Advance Meter Infrastructure (AMI) Project. The proposed future AMI Project involves, among other things, the replacement of existing water meters with new smart meters that communicate via radio or similar technology and enable Pico Rivera Water Authority to implement technological improvements such as automated meter reads, usage notifications, leak detected and an interactive Customer Engagement Portal.
C. By upgrading to an AMI system, customers can be supplied with ondemand, real time water consumption data enabling them to make more informed and proactive decisions about their water use. Case studies have shown that communities that upgrade to AMI systems can achieve significant savings on water consumption.
ENCLOSURE 1
RESOLUTION NO. ____
D. In 2018, Pico Rivera Water Authority completed an AMI feasibility study to evaluate the applicability and costs associated with an AMI project.
E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation’s WaterSMART Water and Energy Efficiency Grant Program for this type of project. The program provides three levels of funding up to a maximum of $5,000,000 in grant funding, but not to exceed 50% of the total project cost.
SECTION 2. The Board of Directors of the Pico Rivera Water Authority hereby authorizes and directs the Executive Director, or his/her designee, to sign and submit, for and on behalf of Pico Rivera Water Authority, a grant application from the Bureau of Reclamation’s WaterSMART Water and Energy Efficiency Grant Program for the AMI Project up to the amount of $4,430,000.
SECTION 3. The Board of Directors authorizes the Executive Director (or his/her designee) to provide the assurances, certifications and commitments required for the Grant application, and to execute all documents, including, but not limited to, contracts, subcontract, agreements, extensions, renewals, or amendments required by the Bureau of Reclamation, which may be necessary to carry out and administer all obligations, responsibilities and duties under the grant.
SECTION 4. The Executive Director, or his/her designee, is designated to represent Pico Rivera Water Authority in carrying out Pico Rivera Water Authority’s responsibilities under the Grant Agreement, including certifying disbursement requests on behalf of the Pico Rivera Water Authority and compliance with applicable state and federal laws.
SECTION 5. Pico Rivera Water Authority will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.
SECTION 6. The Board of Directors has reviewed Pico Rivera Water Authority’s obligations as a Grant recipient, and if awarded a Grant, has determined that Pico Rivera Water Authority can satisfy funding requirements, including meeting the minimum fifty percent (50%) project cost sharing requirement. Pico Rivera Water Authority commits to providing up to $4,430,000 in matching funds for the AMI Project plus any remaining balance.
SECTION 7. The Authority Secretary shall certify to the passage and approval of this resolution and thereafter shall be in full force and effect.
RESOLUTION NO. ____
APPROVED AND PASSED this 12th day of July 2022.
__________________________________
Dr. Monica Sanchez, President
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ Anna M. Jerome, Authority Secretary Arnold M. Alvarez-Glasman, General Counsel AYES:
NOES:
ABSENT:
ABSTAIN:
To: President and Commissioners
From: Executive Director
Meeting Date: July 12, 2022
Subject: AUTHORIZE PURCHASE OF ADVANCE METER
INFRASTRUCTURE WATER METER LIDS WITH
FERGUSON WATERWORKS
Recommendation:
1. Authorize the purchase of Water Meter Infrastructure (CIP No. 50072) from Ferguson Waterworks in the amount of $494,061, and authorize the Executive Director to execute an agreement in a form approved by the General Counsel Fiscal Impact:
The Fiscal Year 2021-22 and 2022-23 adopted budgets include funding in the amount of $3,700,000 from Water Funds (Fund 550) Advanced Meter Infrastructure Project, No. 50072 (550.70.7340-54500-CIP.50072). There is no impact to the general fund and additional funding is not required at this time.
Discussion:
In 2018, Pico Rivera Water Authority (PRWA) evaluated the feasibility of implementing Advanced Metering Infrastructure (AMI) technology throughout the City. The study evaluated the operational and financial benefits that the City may receive from switching to advanced metering technology. The result of the study recommended PRWA replace the existing metering infrastructure with AMI technology.
The benefits in upgrading to AMI technology include the ability to perform and transmit meter reads quickly, automatically, accurately and as often as necessary back to City Hall and to the City’s Customer Service Billing software, and the ability to detect abnormal high-water consumption which can indicate the presence of leaks at the customer’s premises.
Since 2018, PRWA staff has replaced or retrofitted approximately 2,965 outdated water meters with AMI water meters. On April 26, 2022, staff awarded a Vendor Agreement with Ferguson Waterworks for the purchase of approximately 9,600 AMI water meters.
In order to obtain benefits of an integrated AMI system, approximately 9,600 meter lids are required be replaced with new advance meter lids with capability to install a radio WATER AUTHORITY AGENDA REPORT – MEETING OF JULY 12, 2022
AUTHORIZE PURCHASE OF ADVANCE METER INFRASTRUCTURE WATER METER
LIDS WITH FERGUSON WATERWORKS
antenna through the lid. The lids are made of a plastic polymer to promote radio frequency to assist during meter readings. Procurement of above referenced AMI-ready meter lids is necessary to move forward with the implementation of this project.
On May 6, 2022, the Authority Secretary advertised a Notice Inviting Bids for the purchase of advance water meter lids. On June 8, 2022, three (3) bids were received and opened by the Authority Secretary in a public forum. The following table summarizes the bids received:
BIDDING COMPANY AMOUNT
Core & Main L.P. $491,031
Ferguson Waterworks $494,061
Wester Waterworks Supply Co. $559,361
Staff completed the analysis of the bids and although Core & Main L.P. submitted the lowest bid proposal, their bid was deemed non-responsive due to the bidder’s failure to provide the requested products that meet the specifications in the Request for Bids.
Therefore, staff determined Ferguson Waterworks to be the lowest responsible bidder.
The Notice of Intent to Award for this project was published on June 29, 2022. The bid protest period expired on July 7, 2022, and no written bid protests were received.
The total project budget is outlined below:
DESCRIPTION AMOUNT
Neptune AMI Equipment (Previous Council Approval) $2,729,097 AMI Water Meter Lids (This agenda report) $494,061
Force Account Labor Cost/Project Management $476,842
TOTAL PROJECT COST: $3,700,000
FUNDING CATEGORY AMOUNT
Water Authority (550 Fund) - FY 2021-22 Budget Appropriation $2,729,097 Water Authority (550 Fund) – FY 2022-23 Budget $970,903 TOTAL PROJECT BUDGET: $3,700,000
WATER AUTHORITY AGENDA REPORT – MEETING OF JULY 12, 2022
AUTHORIZE PURCHASE OF ADVANCE METER INFRASTRUCTURE WATER METER
LIDS WITH FERGUSON WATERWORKS
Conclusion:
Staff recommends the purchase of all the water meter lids necessary to continue implementing the AMI project from Ferguson Waterworks in the amount of $494,061. The work associated with this project will reduce unaccounted water, improve billing accuracy, and facilitate meter reading within PRWA system network.
Steve Carmona
SC:TR:KG:AR:np
Enclosure: 1) Ferguson Waterworks Vendor Agreement
PICO RIVERA WATER AUTHORITY
VENDOR AGREEMENT
Advance Meter Infrastructure, CIP 50072
****************************************************************************** This "Agreement" is made on July 12, 2022 by and between the Pico Rivera Water Authority ("PRWA") and Ferguson Waterworks, a California Corporation ("Vendor").
Vendor shall provide (“Goods”) in a reasonable and professional manner. Vendor represents that it is able to provide the requested Goods as required by this Agreement.
Services Description: Provide the Goods of the type and quantity specified in Vendor's Proposal, attached hereto as Exhibit B and incorporated herein by this reference. Vendor warrants that all Goods provided under this Agreement are suitable for the purposes in which they are intended and are of a quality consistent with the customary standards of the industry. In the event of any conflict between Vendor's proposal and this Agreement, the provisions of this Agreement shall control.
Term of this Agreement: July 12, 2022 thru June 30, 2023.
Location: 9633 Beverly Rd, Pico Rivera CA 90660
Vendor shall deliver material on the following date: ______________________ This Agreement shall become effective on the date set forth above and shall remain in effect no later than June 30, 2023.
The Parties agree and understand that Vendor is not an employee of PRWA but shall be solely an independent contractor acting under the terms and conditions set forth herein. Vendor reserves the right to determine the assignment of its own employees to the performance of this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of PRWA or otherwise to act on behalf of PRWA as an agent. Neither PRWA nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of PRWA. Vendor shall be solely responsible for all federal and state income taxes and any other applicable taxes.
Vendor shall not be an employee of PRWA for Workers Compensation or any other purposes and shall not receive Unemployment Insurance benefits, Social Security coverage or other employee benefits. Vendor understands and agrees that Vendor shall not be an employee of PRWA as defined in the California Labor Code.
PRWA agrees to pay Vendor an amount not to exceed Four Hundred Ninety Four Thousand Sixety One Dollars and Thirty Cents ($494,061.30) in accordance with the prices indicated on Exhibit B. Vendor shall not be entitled to any additional reimbursement or payment from PRWA.
PRWA may terminate this Agreement at any time, with or without cause, by giving thirty (30) days prior written notice of such termination to Vendor, and by specifying the effective date thereof. If this Enclosure 1
Agreement is terminated by PRWA as provided herein, Vendor shall be paid for the goods satisfactorily delivered to PRWA as of the date of termination. In no event shall the amount paid by PRWA exceed the amount which would be paid to Vendor for the full provision of services under this Agreement.
Vendor shall obtain a PRWA business license prior to commencing performance under this Agreement. Vendor shall defend, indemnify, and hold harmless the PRWA, its officials, and every officer, employee and agent of PRWA (collectively "PRWA") from any claim, liability or financial loss (including, without limitation, attorneys' fees and costs), injuries to property or persons (including without limitation, attorneys' fees and costs) arising out of any acts or omissions of Vendor, its officials, officers, employees or agents in connection with the performance of this Agreement, except for such claim, liability or financial loss or damage arising from the sole negligence or willful misconduct of the PRWA, as determined by judicial decision or by the agreement of the Parties. Vendor shall defend PRWA, with counsel of PRWA's choice, at Vendor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against PRWA. Vendor shall reimburse PRWA for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Vendor or PRWA. All duties of Vendor under this Section shall survive termination of this Agreement.
If a Party commences any legal, administrative, or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith, in addition to such other relief as may be sought and awarded.
This Agreement represents the entire integrated agreement between PRWA and Vendor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both PRWA and Vendor.
The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California. Any litigation concerning this Agreement shall take place in the superior or federal district court with geographic jurisdiction over the PRWA.
The terms and provisions of this Agreement shall prevail over any inconsistent, conflicting, or contrary terms or provisions contained in any exhibit to this Agreement.
EXHIBIT A (ADDITIONAL TERMS AND CONDITIONS) IS ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
This writing constitutes the entire Agreement between PRWA and Vendor and may be amended only by written mutual agreement. THIS CONTRACT MUST BE SIGNED AND RETURNED TO
THE PUBLIC WORKS DEPARTMENT OFFICE PRIOR TO THE START OF THE CONTRACT SERVICE. PAYMENT MAY BE WITHHELD FOR ANY SERVICES PERFORMED PRIOR TO THE EXECUTION OF THIS CONTRACT.
CITY OF PICO RIVERA
STEVE CARMONA DATE
Executive Director
VENDOR
Vendor Signature DATE
Its:
_____________________________________
Address
City State Zip
Telephone Number
ATTEST:
ANNA M. JEROME DATE
Authority Secretary
APPROVED AS TO FORM
ARNOLD GLASMAN DATE
General Counsel
EXHIBIT A
ADDITIONAL TERMS AND CONDITIONS
Section 1. Insurance.
(a)Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. A policy or policies of Comprehensive General Liability Insurance, with minimum limits of $1,000,000 for each occurrence, combined single limit, and $2,000,000 aggregate; against any personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Vendor.
2. A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of $1,000,000 per occurrence combined single limit, covering any vehicle utilized by Vendor in performing the Services required by this Agreement.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. (b)Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. PRWA, its officials, officers, employees, designated volunteers and agents serving as independent contractors in the role of PRWA officials, are to be covered as additional insureds with regard to the following: liability arising out of activities performed by or on behalf of Vendor; products and completed operations of Vendor; premises owned, occupied or used by Vendor; or automobiles owned, leased, hired or borrowed by Vendor. The coverage shall contain no limitations on the scope of protection afforded to PRWA, its officials, officers, employees, designated volunteers or agents serving as independent contractors in the role of PRWA officials that are not also limitations applicable to the named insured.
2. For any claims related to this Agreement, Vendor's insurance coverage shall be primary insurance as respects PRWA, its officials, officers, employees, designated volunteers, and agents serving as independent contractors in the role of PRWA officials. Any insurance or self-insurance maintained by PRWA, its officers, officials, employees, designated volunteers, or agents serving as independent contractors in the role of PRWA officials shall be excess of Vendor's insurance and shall not contribute with it.
3. Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
5. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against PRWA and its officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of PRWA officials.
6. If insurance coverage is canceled or reduced in coverage or in limits, Vendor shall within two business days of notice from insurer, phone, fax and/or notify the PRWA via certified mail, return receipt requested, of the changes to or cancellation of the policy. The PRWA's Risk Manager may, in writing, amend and/or waive any or all of the insurance provisions set forth herein. In such case, the Vendor shall comply with the insurance provisions required by the PRWA's Risk Manager.
(c)PRWA’s Risk Manager may, in writing, amend and/or waive any or all of the insurance provisions set forth herein. In such case, the Vendor shall comply with the insurance provisions required by the PRWA’s Risk Manager.
(d)The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A-;VII in the latest edition of Best’s Insurance Guide, unless waved in writing by PRWA’s Risk Manager. (e)Vendor agrees that if it does not keep the aforesaid insurance in full force and effect, PRWA may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, PRWA may take out the necessary insurance and pay, at Vendor's expense, the premium thereon.
(f) All insurance coverages shall be confirmed by execution of endorsements on forms approved by PRWA. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by PRWA before services commence. As an alternative to PRWA forms, Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
(g)Any deductibles or self-insured retentions must be declared to and approved by PRWA, and shall not exceed $25,000.
(h)Vendor shall require each of its sub-contractors (if any) to maintain insurance coverage that meets all of the requirements of this Agreement.
EXHIBIT B
VENDOR’S PROPOSAL
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: July 12, 2022
Subject: APPROVE A RESOLUTION CALLING FOR ELECTION
PRESENTING CITY COUNCIL TERM LIMIT MEASURE
Recommendation:
1. Approve a resolution calling for the election presenting a City Council term limit measure (Enclosure 1); and
2. Take such additional, related, action that may be desirable.
Fiscal Impact:
To be determined depending upon the direction of the City Council.
Discussion:
At its meeting on June 28, 2022, the City Council was presented for discussion a draft ordinance proposing term limits for City Councilmembers (Enclosure 2). At this meeting, the City Council provided direction to bring forward a resolution to call the election for submission to the voters of a question proposing City Councilmember term limits in the upcoming November 2022 election.
A term limit measure must be approved by a majority of the City’s voters at a regular municipal election as a measure that may be proposed by the City Council itself. The City Council may submit to the voters, without a petition, a proposition for the enactment of a term limit ordinance to be voted on in the next general election of November 2022.1 The proposed term limit measure presents a three (3) consecutive term limit for terms of four (4) years each, after which an individual must wait four (4) years before seeking reelection to serve in that elected office again.
1 Elec. Code § 9222. The legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. The election shall be held not less than 88 days after the date of the order of election.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 12, 2022
APPROVE A RESOLUTION CALLING FOR ELECTION PRESENTING CITY COUNCIL
TERM LIMIT MEASURE
Conclusion:
Staff recommends that the City Council approve the resolution calling the election for submission to the voters of a question proposing City Council term limits in the upcoming November 2022 election.
Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG:NO
Enclosures: 1) Resolution Calling for Election Presenting City Council Term Limit Measure
2) Draft Term Limits Ordinance
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE SUBMISSION TO THE VOTERS A
QUESTION PROPOSING TERM LIMITS FOR CITY COUNCIL MEMBERS WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election of the City of Pico Rivera ("City") shall be conducted on Tuesday, November 8, 2022, to place a ballot measure to impose term limits for City Council Members in the city if Pico Rivera; and WHEREAS, pursuant to California Government Code section 36502, any proposal to limit the number of terms of the city council and mayor must be placed on a “regularly scheduled election”; and
WHEREAS, the City Council is authorized to propose, by initiative, a proposal to limit the number of terms a member of the City Council may serve on the City Council; and
WHEREAS, the City Council desires to submit to the voters at the election a question for consideration to impose term limits for City Council Members; and WHEREAS, the City Council proposes the adoption of an ordinance amending the Pico Rivera Municipal Code Chapter 2.08 entitled "City Council” to add Chapter 2.08.070 “Term Limits for Members of City Council”; and
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 submitting to the voters a question relating to City Council Term Limits.
SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question approval of which requires a majority vote:
Term Limits for Members of the City Council
Shall the terms served by City Council Members in the City of Pico Rivera be limited to not more than three (3) consecutive four (4) year terms, after which City Council Member shall not be qualified to serve in that elected office for a period of four (4) years?”
YES
NO
RESOLUTION NO. ____
Pge 2 of 3
SECTION 3. That the proposed complete text of the Ordinance submitted to the voters at the November 8, 2022 election is attached hereto as Attachment No. 1 and is incorporated herein by this reference.
SECTION 4. The City Council has approved the form of the Ordinance attached hereto as Attachment No. 1 to be submitted to the voters of the City of Pico Rivera.
SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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 7. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.
SECTION 8. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding of municipal elections.
SECTION 9. That notice of the time and place of holding of 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 10. That 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. The City Finance Director is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measure on the election ballot.
SECTION 11. The City Council finds that this Resolution is not a project for purposes of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines § 15378(b)(4) because this Resolution pertains to the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
SECTION 12. This Resolution shall take effect immediately upon adoption.
SECTION 13. That the City Clerk shall certify to the passage and approval of this resolution and it shall thereupon be in full force and effect.
RESOLUTION NO. ____
Pge 3 of 3
APPROVED AND PASSED this 12th day of July.
____________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSTAIN:
ABSENT:
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADDING SECTION 2.08.070 IN CHAPTER 2.08 OF TITLE 2 OF THE PICO RIVERA MUNICIPAL CODE TO ENACT TERM
LIMITS ON MEMBERS OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA
WHEREAS, California Government Code section 36502 permits general law cities to adopt an ordinance proposing to limit or repeal existing limits on the number of terms that an elected official may serve, subject to the approval of the voters of the city at a regularly scheduled election;
WHEREAS, the Pico Rivera Municipal Code currently does not impose term limits on elected officials of the City;
WHEREAS, the purpose of term limits is to promote a free and democratic system of fair elections, and to encourage qualified candidates to seek public office by limiting the powers of incumbency;
WHEREAS, to provide the opportunity of continuity of leadership by elected officials, while at the same time continuing to limit the power of incumbency, the City Council finds it appropriate to amend the Pico Rivera Municipal Code to place limits on the consecutive terms of office for members of the City Council; and WHEREAS, pursuant to Election Code section 9222, Government Code section 36502, and the laws relating to general law cities, the City Council submitted to the voters a ballot measure, Measure “_______” on November 8, 2022 amending the Pico Rivera Municipal Code to place limits on the number of consecutive terms which members of the City Council may serve;
WHEREAS, on November 8, 2022, a majority of the voters voted in favor of Measure “____” which proposed the following to the voters: “MEASURE _____: TERM LIMITS FOR MEMBERS OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA.
Shall the terms served by members of the City Council in the City of Pico Rivera be limited to not more than three (3) consecutive four (4) year terms, after which a member of the City Council shall not be qualified to serve in that elected office for a period of four (4) years?”;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council for the City of Pico Rivera finds and declares the foregoing are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.
ORDINANCE NO. ____
SECTION 2. Section 2.08.070 “Term Limits for Members of City Council,” in Chapter 2.08 “City Council,” of Title 2, “Administration and Personnel,” is hereby added to the Pico Rivera Municipal Code as follows:
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.08 CITY COUNCIL
Section 2.08.070 Term Limits for Members of City Council.
A. Purpose. The purpose of this section is to promote a democratic system of fair elections and encourage qualified candidates to seek public office by limiting the powers of incumbency by placing limitations upon the number of consecutive terms a person may serve as a member of the City Council.
B. Term Limits for Members of the City Council. A person is ineligible to hold office as a member of the City Council if that person has served as a member of the City Council, including any service as mayor or mayor pro tempore, for three (3) consecutive four (4) year terms. Nothing in this section shall act to bar any person from serving as a member of the City Council after at least four (4) years have elapsed from the person’s last full term as a member of the City Council.
C. Application
1. For purposes of the term limits set forth in this section, a person who was appointed or elected to a vacant elected office for an unexpired term of more than onehalf the original term shall be deemed to have served a full term. Any person who resigns or is removed from elected office during a term shall be deemed to have served a full term.
2. The term limits established in this section shall apply prospectively only to those terms of office which commence in or after November 2022, and only those terms of office commencing in or after November 2022 shall be counted towards such term limits.
SECTION 3. Any provision of the City of Pico Rivera’s Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 4. This Ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date pursuant to California Elections Code section 9217. Accordingly, this Ordinance shall become effective on ________ ____, 2022.
ORDINANCE NO. ____
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance causing it to be posted as required by law.
APPROVED AND ADOPTED this ____ day of _____.
_____________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Anna M. Jerome, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. ____ was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, _____, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Anna M. Jerome, City Clerk
COUNCIL
MEETING
DATE
COUNCIL
MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
3/23/2021 Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting On-going 5/25/2021
City Council Translate the Profile into Both English &
Spanish
Direction provided to explore
maintaining 10 editions with
full Spanish translation and
potential digital only.
P. Yugar
Staff Report 7/13/2021
10/26/21
1/25/22
2/8/22
Completed
Lara/Elias Term limits Set 12-year term limits for
City Council Members A. Glasman Memo to City Council June Nov '22 Pending
Lara/Lutz Lobbying Ban
Set 10-year policy for banning
lobbying contracts to former
employees and City officials
A. Glasman
Discuss at retreat 4/30/22 8/10/2021 Pending
Lutz/Lara Shopping Cart Ordinance Review ordinance M. Garcia Discussion 2/22/2022 8/24/2021 Pending Elias/Lara Code of Ethics Review policy A. Glasman Discussion 2/22/2022 10/26/2021 Completed 9/28/2021
Elias/Lutz Mayor Elias Resolutions Review current ordinances for updates A. Glasman
2/22/2022 10/26/2021
1/25/2022
3/8/2022
Completed
10/26/2021 Sanchez/Lara Protestors Develop an ordinance protecting against bullying A. Glasman
Pending
11/9/2021 Elias/Lara Veteran Resources Center Establish a Veterans Commission
M. Garcia Discussion √ 12/14/2022 Completed
GOOD OF THE ORDER
7/13/2021
8/10/2021
COUNCIL
MEETING
DATE
COUNCIL
MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
Camacho/Lara Rename Street Suggest changing street
name near the Sports Arena
to Avenida Vicente Fernandez
Road
Ad Hoc Committee 5/10/2022 Pending
2/8/2022
Elias/Sanchez Heroes Recognition Recognize organizations for their work during the
pandemic
Staff to define list of honorees
to present at a Council meeting
6/28/2022 Pending
Lutz/Lara Senior Center Available office space for
Veterans Resource Center P. Yugar
Staff to follow-up and advise
on best facility to be utilized √
Lutz/Lara Buyers Incentive Discount to first responders who purchase homes in Pico
Rivera
M. Garcia
Discuss at retreat
√
4/30/2022
4/12/2022 Lara/Elias Districts Discuss voting districts within the city A. Glasman Discussion at a future meeting √ Pending Lara/Camacho EV Charging Stations Locate possible sites to place electrical vehicle charging
stations
PW/CED/
PRIME
Lutz/Elias Revenue Generation Explore revenue generation opportunities in the City A. Garcia
6/14/2022
Elias/Camacho Sports Presentation given by ERHS Athletic Director
Agendize presentation S. Castro
3/8/2022
5/10/2022
COUNCIL
MEETING
DATE
COUNCIL
MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
GOOD OF THE ORDER
Lara/Camacho Resource School Officer Joint meeting with ERUSD to discuss funding of Resource
Officers
Ad Hoc Committee
Lara/Camacho PRIME Direct City Attorney to
investigate discounts for nonprofit organizations for
electric bill
A. Glasman /
A. Garcia
Lutz/Elias Monument Marker Look at cost of adding three flags to the monument on
Washington and Passons
Blvds.
T. Rodrigue
6/28/2022
Elias/Lutz PRIME Electric Bill Relief Agendize Electric Bill Relief for Non-Profits (with Solar
Panels)
A. Garcia/
S. Carmona
Lara/Camacho Battery Storage Funds Set aside $50,000 for Battery Storage for non-profits. S. Carmona
6/28/2022
6/14/2022