Agenda packet — Pico Rivera City Council, September 10, 2024 (part 2 of 3)

Conclusion:

It is recommended that the City Council rescind Resolution No. 7228 and approve the resolution and attached amendments to the City of Pico Rivera’s Conflict-of-Interest Code.

Steve Carmona
SC:CA:gsm
Enclosure: 1) Resolution/Appendix A, B, and C
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, RESCINDING RESOLUTION NO. 7228 AND

ADOPTING A CONFLICT-OF-INTEREST CODE APPLICABLE TO THE

MEMBERS OF THE CITY COUNCIL AND DESIGNATED CITY

COMMISSIONERS AND EMPLOYEES BY INCORPORATING BY
REFERENCE TITLE 2, CALIFORNIA CODE OF REGULATIONS,
SECTION 18730, THE STANDARDIZED CONFLICT-OF-INTEREST
CODE
WHEREAS, a Conflict-of-Interest Code for city elected officials, commissioners and employees was adopted on September 7, 1976;
WHEREAS, said Conflict-of-Interest Code for city elected officials, commissioners and employees was last amended by Resolution No. 7228 on September 27, 2022;
WHEREAS, there have been several changes in employment classifications since September 27, 2022;
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted Title 2, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict-of-Interest Code, which can be incorporated by reference, and which may be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearing; and
WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict-of-Interest Code in all even numbered years.

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

SECTION 1. Resolution No. 7228, the City of Pico Rivera’s (“City”) current Conflict-of- Interest Code, is hereby rescinded.

SECTION 2. In compliance with Government Code Section 87300, the terms of Title 2, California Code of Regulations, Section 18730 – the Standardized Conflict-ofInterest Code, along with any amendments to it duly adopted by the FPPC are hereby incorporated by reference; and Appendix “A”, setting forth the list of specified officers and designated positions; Appendix “B”; setting forth the list of consultants; and Appendix “C” setting forth the disclosure requirements of said positions, shall constitute the Conflict-of-Interest Code of the City.

SECTION 3. The Conflict-of-Interest Code shall be applicable to the City Council, all specified positions under Government Code Section 87200, Commissioners and the Enclosure 1
4a
RESOLUTION NO. _____

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designated positions set forth in Appendix “A” including those consultants set forth in Appendix “B” and as further defined in the attached Conflict-of-Interest Code.

SECTION 4. The employees, officers and consultants that are set forth in Appendix “A” & “B”, shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Government Code Section 81008). A copy of all statements will be retained by the City.

SECTION 5. That the City Clerk shall attest to the passage of this resolution and it shall be in full force and effect.

APPROVED AND PASSED this 10th day of September, 2024.
___________________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

APPENDIX "A"

CITY OF PICO RIVERA

SPECIFIED OFFICERS AND EMPLOYEES
(Government Code §87200)
• Mayor and Council Members
• City Manager
• City Attorney
• City Treasure/Director of Finance
• Planning Commission
*Filing obligations for individuals holding these positions are contained in California Government Code Section 87200-87210.

ADDITIONAL OFFICIALS WHO MANAGE OR GIVE

ADVICE REGARDING PUBLIC INVESTMENTS
(Government Code §87200)
• Assistant City Manager
• Deputy City Treasurer

DESIGNATED OFFICERS AND EMPLOYEES/ DISCLOSURE CATEGORIES (Government Code §87300)

DISCLOSURE

DEPARTMENT CATEGORY

ADMINISTRATION
Office of Innovation and Communications Director ......................................1 Principal Analyst ………………………………………………………………… 1
Senior Analyst …………………………………………………………………….1
Analyst …………………………………………..…..........................................1 • Title of Senior Analyst was added to the Administration Department • Title of Analyst was removed from the Administration Department

CITY CLERK
City Clerk ……………………………………………………………………….... 1
Deputy City Clerk (Vacant) ……………………………………………………...3

CITY ATTORNEY
Assistant Deputy City Attorney ………………………………………………… 1

COMMUNITY AND ECONOMIC DEVELOPMENT
Director ………………………………………………………………………..…. 1
Deputy Director ....…………………………………………………………….… 1
Building Official (Consultant) …………………………………………………. 1
Senior Planner ………..………………………………………………………..... 1
Principal Planner …………………………………………………………………2
Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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Senior Building Inspector ………………………………………………………. 2
Senior Manager …………………………………………………………………. 2
Project Manager ………………………………………………………………… 2
Senior Coordinator …………………………………………………………….…3
Senior Analyst …………………………………………………………………… 2
Analyst……………………………………………………………………………...3
Coordinator ………………………………………………………………………. 3
Building Inspector ……………………………………………………………….. 3
Planner ………………………………………………………………………….... 4
Assistant Planner ……………………………………………………................. 4 • Title of Analyst was added to the Community and Economic Development Department
• Title of Consultant was removed from the Building Official Title • Title of Principal Planner was removed from the Community and Economic Development Department
• Title of Senior Manager was removed from the Community and Economic Development Department
• Title of Project Manager was removed from the Community and Economic Development Department
• Title of Senior Coordinator was removed from the Community and Economic Development Department

FINANCE
Deputy Director/Deputy City Treasurer ……………………………………….. 1 Senior Manager ...........................................................................................1 Senior Analyst ………………………………………………………………..... 2
Coordinator ………………………………………………………………………. 3
Accountant III ………………………………………………………………….... 3
• Title of Senior Analyst was removed from the Finance Department

HUMAN RESOURCES
Director …………………………………………………………………………… 1
Senior Analyst …………………………………………………………………….2

PUBLIC WORKS
Director (City Engineer)…………………………………..……………………. 1
Deputy Director (Assistant City Engineer) ……………………………..…….. 1 Public Works Superintendent…………………………………………………… 2
Utilities Superintendent…………………………………………………………...2
Deputy Director (Superintendent) …………………………………………….. 1
Building Official ………………………………………………………………….. 1
Building Inspector ……………………………………………………………….. 4
Senior Building Inspector ………………………………………………………. 1
Senior Analyst (Vacant) ……………………………………………………..…. 4
Principal Analyst ………………………………………………………………… 4
Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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Senior Engineer (Vacant)……………………………………………………... 4
Senior Public Works Inspector (Vacant) …………………………………...... 4 Associate Engineer (Vacant) ………………………………………………..…. 4
Supervisor ……………………………………………………………………….. 4
Senior Supervisor (Vacant) ……………………………………………………. 4
Utilities Manager (Vacant) ……………………………………………………... 4
Assistant Engineer ……………………………………………………………….4
• Title of City Engineer was added to the Director title • Title of Assistant City Engineer was added to the Deputy Director title • Title of Public Works Superintendent was added to the Public Works Department • Title of Utilities Superintendent was added to the Public Works Department • Title of Deputy Director (Superintendent) was removed from the Public Works Department
• Title of Building Official was removed from the Public Works Department • Title of Building Inspector was removed from the Public Works Department • Title of Senior Building Inspector was removed from the Public Works Department • Title of Utilities Manager was removed from the Public Works Department • The word Vacant was added to the Senior Engineer Title • The word Vacant was removed from the Senior Analyst Title • The word Vacant was removed to the Associate Engineer Title • The word Vacant was removed to the Senior Supervisor Title

PARKS & RECREATION
Director ……………………………………………………………………….….. 1
Supervisor ……………………………………………………………………….. 2
Manager …...…………………………………………………………………..... 2
Senior Analyst……………………………………………………………………..3
• Title of Senior Analyst was added to the Parks and Recreation Department

AGENCIES

PICO RIVERA SUCCESSOR AGENCY

PICO RIVERA HOUSING ASSISTANCE AGENCY

PICO RIVERA WATER AUTHORITY

PICO RIVERA PUBLIC FINANCING AUTHORITY
*Filing obligations for individuals holding these positions are contained in California Government Code Section 87200-87210

COMMISSIONS & COMMITTEES
Relocation Appeals Board ………………………………………………………1
Parks & Recreation Commission …………………………………………..…. 1
Sister City Commission ………………………………………………………… 1
Veterans Commission ……………………………………………………………1
Licensing and Hearing Board ………………………………………………..… 4
Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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• Veterans Commission was added to the Commissions & Committees Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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APPENDIX “B”
CONSULTANTS*
*Consultants shall be included in the list of designated employees and shall disclose, pursuant to the broadest disclosure category in the Code, subject to the following limitation:

The executive director or executive officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The executive director’s or executive officer’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict-of-Interest Code.

Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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APPENDIX “C”

DESIGNATED EMPLOYEES CATEGORIES
CATEGORY 1- Full Disclosure
A designated employee in this category must report all investments, business positions, interests in real property, and sources of income, including gifts, loans, and travel payments.

CATEGORY 2- Limited Disclosure (Purchasing)
For officials and designated employees with limited decision-making authority mainly related to purchasing goods and services.

A designated position in this category must report:

Interests in real property, investments and business positions in business entities, and income, including gifts, loans, and travel payments, which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Pico Rivera as well as from sources that:
(A) Are, or were, during the previous two years a “candidate,” “public official,” “committee,” “lobbyist firm,” or “lobbyist employer” within the meaning of the Political Reform Act, or file periodic reports pursuant to Section 86114 and 86116; or
(B) Are attorneys that represent persons described in Category 2(A) in matters directly related to their status as described in Category 2(A); or (C) Are committee treasurers; or
(D) Were the subject of a complaint to, investigation by, or enforcement action of, the Commission, that was acted upon or participated in by the filer during the period covered by the statement.

CATEGORY 3- Limited Disclosure (Purchasing)
For officials and designated employees with limited decision-making authority mainly related to purchasing goods and services.

A designated position in this category must report investments and business positions in business entities, and income, including gifts, loans, and travel payments, which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee’s department or division as well as from sources that:
(A) Are, or were, during the previous two years a “candidate,” “public official,” “committee,” “lobbyist firm,” or “lobbyist employer” within the meaning of the Political Reform Act, or file periodic reports pursuant to Section 86114 and 86116; or
Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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(B) Are attorneys that represent persons described in Category 3(A) in matters directly related to their status as described in Category 3(A); or (C) Are committee treasurers
CATEGORY 4- Limited Disclosure (Regulatory)
For officials and employees with limited decision-making authority mainly related to regulatory permitting or licensing.

A designated position in this category must report investments and business positions in business entities, and income, including gifts, loans, and travel payments, which are subject to the regulatory, permit or licensing authority of the City of Pico Rivera as well as from sources that:
(A) Are of the type that within the previous two years has provided services, equipment, leased space, materials, or supplies to the City.

CATEGORY 5- Limited Disclosure (Regulatory)
For officials and employees with limited decision-making authority mainly related to the provision of goods and services.

A designated position in this category must report investments and business positions in business entities, and income, including gifts, loans, and travel payments from sources that manufacture, distribute, supply, or install computer hardware or software of the type utilized by the City, as well as entities providing computer consultant services.

APPENDIX "A"

CITY OF PICO RIVERA

ADDITIONAL OFFICIALS WHO MANAGE OR GIVE

ADVICE REGARDING PUBLIC INVESTMENTS
(Government Code §87200)
• Assistant City Manager
• Deputy City Treasurer

DESIGNATED OFFICERS AND EMPLOYEES/ DISCLOSURE CATEGORIES (Government Code §87300)

DISCLOSURE

DEPARTMENT CATEGORY

CITY CLERK
City Clerk ……………………………………………………………………….... 1
Deputy City Clerk (Vacant) ……………………………………………………...3

CITY ATTORNEY
Assistant Deputy City Attorney ………………………………………………… 1

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AGENCIES

PICO RIVERA SUCCESSOR AGENCY

PICO RIVERA HOUSING ASSISTANCE AGENCY

PICO RIVERA WATER AUTHORITY

PICO RIVERA PUBLIC FINANCING AUTHORITY
*Filing obligations for individuals holding these positions are contained in California Government Code Section 87200-87210

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• Veterans Commission was added to the Commissions & Committees Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

Page 5 of 7 ends

Conflict of Interest Specified Officers & Designated Positions - 2024 Update Appendix “A”, “B” & “C”

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APPENDIX “C”

CATEGORY 2- Limited Disclosure (Purchasing)
For officials and designated employees with limited decision-making authority mainly related to purchasing goods and services.

A designated position in this category must report:

CATEGORY 3- Limited Disclosure (Purchasing)
For officials and designated employees with limited decision-making authority mainly related to purchasing goods and services.

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CATEGORY 5- Limited Disclosure (Regulatory)
For officials and employees with limited decision-making authority mainly related to the provision of goods and services.

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: RESOLUTION IN SUPPORT OF PROPOSITION 36 – THE

HOMELESSNESS, DRUG ADDICTION AND THEFT

REDUCTION ACT
Recommendation:

1. Approve a resolution expressing support for Proposition 36 – The Homelessness, Drug Addiction, and Theft Reduction Act.

Fiscal Impact:

There is no fiscal impact to the General Fund as a result of this resolution.

Background:

Proposition 36 is a bipartisan measure designed to address the unintended consequences of Proposition 47, which was enacted in 2014. Proposition 47’s intent was to help make California’s criminal justice system more equitable by reclassifying certain crimes as misdemeanors and reducing sentences for non-violent offenses. However, community leaders have argued that the measure also led to increased rates of organized retail theft, store closings, and challenges in persuading individuals to seek drug and mental health treatment. Support for Proposition 36 is in alignment with the City Council adopted 2024 Pico Rivera Legislative Platform.

Discussion:

Proposition 36 aims to address issues stemming from Proposition 47 by implementing significant reforms to reduce retail theft, tackle the fentanyl crisis, and enhance mental health and drug treatment options. One major change is the reclassification of repeated theft under $950 as a felony for individuals with two or more prior theft-related convictions, allowing cumulative valuation of stolen property to enable felony charges if the total exceeds $950. Enhanced penalties will also be imposed on offenders involved in organized theft or causing significant property damage.

The proposition targets the fentanyl crisis by classifying fentanyl as a hard drug, akin to heroin and cocaine, with stricter consequences for possession and trafficking, granting 5 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 RESOLUTION IN SUPPORT OF PROPOSITION 36 – THE HOMELESSNESS, DRUG

ADDICTION AND THEFT REDUCTION ACT

Page 2 of 2 ends

judges greater discretion in sentencing traffickers, especially in cases resulting in fatalities or serious injuries. It also establishes a new crime class for offenders with multiple hard drug possession convictions, offering treatment options instead of incarceration and providing expungement opportunities upon successful completion of treatment programs.

These measures aim to enhance public safety by holding repeat offenders accountable and discourage instances of retail theft, address the fentanyl crisis to protect youth and reduce overdose deaths, and provide critical mental health and substance abuse treatment to aid unhoused individuals and those with mental health challenges.

Supporters of Proposition 36 include officials such as San Francisco Mayor London Breed, San Diego Mayor Todd Gloria, and various organizations such as the California District Attorneys Association and the California State Sheriffs' Association. Major corporations like Target, Walgreens, and Walmart also support the initiative. Opposition is led by organizations like the Anti-Recidivism Coalition, which argue that Proposition 36 could reverse progress made in reducing California’s prison population and divert funding from essential services.

Conclusion:

Staff recommends that the City Council approve the resolution in support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act. Proposition 36 offers targeted, impactful reforms necessary to mitigate the adverse effects of Proposition 47. By adopting this resolution, the City Council will demonstrate its commitment to enhancing public safety, supporting mental health and drug treatment, and protecting local businesses from retail theft.

Steve Carmona
SC:JH:smc
Enclosure: 1) Resolution
RESOLUTION NO. ____

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

CALIFORNIA, IN SUPPORT OF THE HOMELESSNESS, DRUG
ADDICTION AND THEFT ACT (PROPOSITION 36)
WHEREAS, While Prop 47 achieved progress in making California’s criminal justice system more equitable, Prop 47 also led to unintended consequences over the past decade; and
WHEREAS, Unintended consequences of Prop 47 include repeat and often organized retail theft, store closings, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47; and WHEREAS, Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act has submitted more than 910,000 signatures to qualify for the 2024 November General Election; and
WHEREAS, The Homelessness, Drug Addiction, and Theft Reduction Act is a bipartisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver; and
WHEREAS, Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught; and
WHEREAS, This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets; and WHEREAS, The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California; and WHEREAS, The Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, Breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, The Homelessness, Drug Addiction, and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
Enclosure 1
5a
RESOLUTION NO. ____

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WHEREAS, It’s time for meaningful reforms to our justice system that ensure our communities are safe; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera hereby resolves as follows:

SECTION 1. The City Council formally expresses support for the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

SECTION 2. 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 10th day of September, 2024.
___________________________
Andrew C. Lara, Mayor
ATTEST:
___________________________
Cynthia Ayala, City Clerk
APPROVED AS TO FORM:
_________________________________
Arnold M. Alvarez-Glasman, City Attorney
AYES:

NOES:

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: RESOLUTION ESTABLISHING JOB DESCRIPTIONS FOR

THE FULL-TIME PARKS AND RECREATION SUPERVISOR

AND THE FULL-TIME COMMUNITY AND ECONOMIC

DEVELOPMENT ANALYST
Recommendation:

1. Approve a resolution (Enclosure 1) establishing job descriptions (Exhibits A and B) for the Parks and Recreation Supervisor and the Community and Economic Development Analyst.

Fiscal Impact:

The salary and benefits for these positions are approximately as follows: Parks and Recreation Supervisor - $177,892 per fiscal year (FY); Community and Economic Development Analyst - $176,597 per fiscal year (FY). Sufficient funding has been appropriated in the FY 2024-25 Adopted Budget. No additional funding is needed for any of these positions.

Background:

Job descriptions are essential to recruitment, training, and development of the workforce as they identify employees’ tasks and responsibilities, as well as how they directly support the organization’s vision and goals. As part of the Human Resources Strategic Plan towards organizational sustainability, the department has developed a plan to update the City’s Job Descriptions, as they are in need of modification to reflect the changing duties affected by enhanced technologies, priority initiatives, elimination of redundancy, etc. In addition, some of these positions necessitate specific details about tasks and required experience.
6 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

RESOLUTION ESTABLISHING JOB DESCRIPTIONS FOR THE FULL-TIME PARKS

AND RECREATION SUPERVISOR AND THE FULL-TIME COMMUNITY AND

ECONOMIC DEVELOPMENT ANALYST

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Discussion:

The City recognizes that the roles and abilities of employees have adapted to advancements in technology and the shift towards shared responsibilities. Moreover, revising the job descriptions to accurately reflect the work being done, and the true responsibilities of the position, may help identify gaps or overlap in the workforce. A current, accurate job description is an excellent tool for managers to use as a guide for discussions with employees about performance excellence, deficiencies, needs for skill development, teamwork, organizational changes and/or career progress. It is also a transparency tool used to describe responsibilities and duties to potential applicants and future employees. The use of updated, descriptive, and accurate job descriptions and titles is essential in advertising job openings and conducting market studies to ensure that staff are recruited for the workforce demands of the City. In general, transitioning to more specific position job descriptions will have a positive impact on the City, as it will help ensure that skills, roles, and career paths are better aligned.

Staff has been working diligently in reviewing the position job descriptions, starting with vacant positions prior to recruitment, updating them according to the specific needs of each department. We have accomplished this by working closely with each department and to better understand the needs of the department, as it pertains to each of these roles. Additionally, we have conducted studies of similar positions throughout surrounding cities and compared their current job descriptions to those we are updating. We have also worked closely with the labor unions to ensure they have the opportunity to review the job descriptions prior to finalization.

The City has various job titles, including Analyst and Supervisor. However, the job descriptions for the Analysts and Supervisors within the Community and Economic Development and Parks and Recreation require more specific experience within their respective departments. For example, the Parks and Recreation Supervisor oversees specific recreational activities, events and programs. They utilize program-specific systems, and they supervise and delegate to part-time and full-time staff, which require specialized knowledge and experience in Parks and Recreation program guidelines, personnel management principles and practices including employee selection, management, evaluation and training, and other employee services.

The Community and Economic Development Analyst manages specific contracts and bonds related to the Community and Economic Development Department. They utilize program specific systems, which require specialized knowledge and experience in Community and Economic Development programs, such as neighborhood outreach, land use matters, planning administration, environmental review and much more.

Moving forward, staff will continue to review and collaborate with individual departments to tailor each position job description based on the relevant role, title, specialization, and CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

RESOLUTION ESTABLISHING JOB DESCRIPTIONS FOR THE FULL-TIME PARKS

AND RECREATION SUPERVISOR AND THE FULL-TIME COMMUNITY AND

ECONOMIC DEVELOPMENT ANALYST

Page 3 of 3 ends

expectations of the position.

Conclusion:

Staff recommends that the City Council approve the resolution adopting the job descriptions for the Community and Economic Development Analyst and the Parks and Recreation Supervisor. The salary schedules for these positions will remain the same and there are no changes to the budgeted salary and benefits of these positions.

Steve Carmona
SC:KS:nk
Enclosure: 1) Resolution/Exhibit A and Exhibit B
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ESTABLISHING JOB DESCRIPTIONS FOR THE FULLTIME COMMUNITY AND ECONOMIC DEVELOPMENT ANALYST AND

PARKS AND RECREATION SUPERVISOR
WHEREAS, the City Council of the City of Pico Rivera seeks to establish job descriptions for the Community and Economic Development Analyst and Parks and Recreation Supervisor positions; and
WHEREAS, it is agreeable and desirable to define and establish the terms and conditions of employment applicable to Community and Economic Development Analyst and Parks and Recreation Supervisor; and
WHEREAS, this Resolution shall remain in effect until superseded by a subsequent resolution concerning this matter.

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

SECTION 1. The job descriptions for the positions of “Community and Economic Development Analyst” and “Parks and Recreation Supervisor” as reviewed and approved by Human Resources and the members of the Pico Rivera Mid Managers, Professional & Confidential Employees Association as set forth in Exhibit “A” attached hereto is hereby adopted.

SECTION 2. The Salary Schedules for Community and Economic Development Analyst and Parks and Recreation Supervisor, as set forth in Exhibit “B” is hereby established.

SECTION 3. The City Council reserves the right and discretion to review and amend this Resolution as it deems necessary.

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

Enclosure 1
6a
RESOLUTION NO. ____

Page 2 of 15 ends

APPROVED AND PASSED this 10
th day of September, 2024.
____________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

RESOLUTION NO. ____

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EXHIBIT “A”

COMMUNITY AND ECONOMIC DEVELOPMENT ANALYST

GENERAL PURPOSE
To perform responsible professional and technical duties in the Community and Economic Development Department. The position is versatile and may take on duties from any Division within the Community Economic Development Department. Positions in this classification analyze data, conduct high level research, prepare staff reports, manage grants, projects, programs, budgets and work on special assignments as needed. This classification also performs a wide range of administrative functions and requires the ability to work in a fastpaced environment, respond positively and quickly to changing needs and constructive feedback. Analysts are expected to identify best practices, initiate innovative ideas and embrace opportunities to integrate technology into daily work. The ideal candidates will possess strong report writing, presentation and interpersonal skills.

EXAMPLES OF ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed by employees in this classification.
• Collects and monitors data and information; analyzes, updates, develops and/or implements a variety of data, including municipal policies, procedures, ordinances, or services and provides input to program and policy decisions; prepares and presents forecasts of effects of pending legislation, policy and procedure changes. • Interprets and applies data, policies and procedures, laws, regulations, and City ordinances and explains them to the public; researches and responds to citizen complaints.
• Prepares reports relating to various projects and programs for staff, City Council and commissions; prepares complex reports, correspondence, memos and contracts. • Investigates, interprets, analyzes and prepares recommendations on new programs, ordinances, projects, grants and services.
• May assist in budget preparation for the department or division or have responsibility for preparing the budget for specific program(s) or project(s). • Analyzes, monitors and makes appropriate adjustments to department or division expenditures and revenue.

RESOLUTION NO. ____

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• Administers and/or implements a service, grant, project or program within the department. Monitors and reports implementation status and activities. • May administer contracts and/or provide oversight for contract staff; may develop procurement processes and contract language.
• Maintains knowledge of public administration, organization and management principles and practices; municipal fiscal policy, financing and procedures; personnel management principles; applicable ordinances, laws and regulations; and research techniques and information sources.
• Gathers data and information from a variety of sources; prepares correspondence, reports, charts and graphs.
• Uses a computer and specialized software to complete tasks in assigned area of responsibility.
• May maintain records and files related to area of assignment. • Identifies issues and recommends solutions.
• Represents and provides presentations at community, inter-department, inter-agency, City Council, Commission and professional meetings.
• Provides advice, interpretation and guidance regarding the application of policies, procedures, code and practices of assigned area; responds to inquiries and requests from management, staff and others; recommends and implements policies, procedures and process improvements.
• Resolves complex customers service issues; receives and investigate complaints and recommends corrective action as necessary.
• Performs other related duties as assigned.

QUALIFICATIONS GUIDELINES
Knowledge of:
• Customer service, economic development and housing principles; safety procedures and practices; pertinent laws and regulations; time management methods; conflict resolution methods; work organization planning methods; budget preparation methods; management theories.

RESOLUTION NO. ____

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• Communication and public relations practices; statutory reporting requirements; professional standards.

Skills/Ability to:
• Use of a personal computer/laptop; perform mathematical computations. • Depending upon position assignment, may require proficiency in specialized software programs.
• Depending upon position assignment, proficiency in designated second language is desired.
• Organize and prioritize multiple tasks.
• Analyze and solve problems; research and interpret data. • Interpret laws, regulations, standards and practices. • Demonstrate effective interpersonal skills.
• Use conflict resolution techniques; tracking and writing techniques. • Give effective oral and public presentations.
• Follow oral and written instructions and work with minimal supervision. • Program, project, records and time management; write reports; comply with required regulations.
• Manage projects, programs and grants.
• Maintain confidentiality of non-public records and demonstrate effective leadership skills.
• Depending upon position assignment, may require interpreting plans and specifications; assist with budget preparation; represent the City at functions; conduct field inspections.

RESOLUTION NO. ____

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Education/Training/Experience
Education:

Bachelor’s Degree from an accredited college or university in economic development, planning, public administration or a related field required is required.

Experience:

Minimum of three (3) years of related analytical experience to duties is required.

Public contact; budget/policy experience are desired.

Licenses/Certification:

Valid California Class C Driver’s License and an acceptable driving record is required.

Vocational and professional certification are desired.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing the duties of this class, the employee is regularly required to sit; talk or hear, in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; and reach with hands or arms. The employee occasionally walks and stands and lifts and moves records and documents weighing 20 pounds or less.

Specific vision abilities required by this job include close vision, color vision, depth perception and the ability to adjust focus.

Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data, information and documents; analyze and solve problems; observe and interpret data and situations; use math and mathematical reasoning; learn and apply new skills or information; perform highly detailed work on multiple concurrent tasks; work under changing and intensive deadlines with frequent RESOLUTION NO. ____

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interruptions; and interact with City officials, media, citizen groups, employees and others encountered in the course of work.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

The employee works under typical office conditions, and the noise level is usually quiet.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification and may be requested to perform job-related responsibilities and tasks other than those stated in this specification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

RESOLUTION NO. ____

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PARKS AND RECREATION SUPERVISOR

GENERAL PURPOSE
The general purpose of the Recreation Supervisor is to plan, direct, manage, supervise and coordinate the operations of parks and recreation services and programs including supervising the work of regular City, hourly, contracted or volunteer personnel engaged in providing related programs and services.

Under general supervision, depending on the area they will serve, the recreation supervisor performs a variety of complex recreation programs management functions, including:
planning, organizing and overseeing various recreation, educational, special event, social services and transportation programs including, but not limited to:
• Special Events
• Youth Sports
• Aquatics
• Contract Instructors
• Teen Services
• Day Camps
• Adaptive Recreation
• Adult Sports
• Crossing Guards
• Senior Services
• Marketing and Promotion
• Trips and Tours
• Community Gardens
• Pico Rivera Golf Course
• REACH (Recreation and Education Accelerating Children’s Hope) Additionally, develop goals and objectives for programs; evaluating full-time, part-time staff; evaluating operations and making changes/revisions; developing budgets and monitoring expenditures; meeting with patrons and associations to discuss programs and provide information; and completing various administrative correspondence and reports. The supervisor may be assigned to multiple projects and manage regular full-time, part-time, volunteers, and mid management staff.

RESOLUTION NO. ____

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EXAMPLES OF ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed by employees in this classification, depending on assignment and facility location.
• Oversee and maintain recreational facility use permit process and activity reservations, including: coordinating facility use and activity registration process; reviewing requests to ensure they meet facility use permit criteria; • Interview and assist in the selection of Parks & Recreation full-time and part-time staff, contract instructors, temporary and regular office personnel, hourly or other volunteer personnel.
• Provide or coordinate staff training and scheduling; work with employees to correct deficiencies; implement discipline procedures.
• Supervise part-time and full-time, recreation employees and contract instructors in the implementation of recreational classes and programs. • Draft and present performance evaluations.
• Organize, coordinate and schedule service requests, projects, staff assignments, and/or programs involving department personnel.
• Explain and interpret department practices, work procedures, and safety regulations that employees are expected to meet within the work unit or department. • Review work and services provided by personnel for adherence with City, department and program requirements and standards and provide suggestions for improvement.
• Oversee the planning, organizing of recreation programming, special events. As well as propose and develop new recreation programs, activities, and create and distribute various marketing materials.
• May help plan and oversee large scale city-sponsored events. Including: working with elected officials to plan and implement Council-generated events; contact and book speakers, entertainers, vendors, etc.; negotiate fees; draft contracts; request checks for payments; assure permit requirements are met; assist in setting up for events; coordinate and develop promotional materials; and conduct related meetings.

RESOLUTION NO. ____

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• Oversee program compliance with laws, rules, and regulations related to provision of recreational activities and services. Ensure Parks and Recreation facilities are operated and maintained effectively and safely.
• Evaluate programs and events, analyze costs and trends in recreation programming, assess community attitudes, current programming and program requests, socio-economic issues, population age groupings, and other factors in program planning.
• Represent the City and/or serve as a liaison and/or member of various committees/teams and collaborate, persuade, present reports and negotiate with others outside own work area to coordinate efforts and maintain cooperative and efficient relations; prepare agendas.
• Develop preliminary budgets; monitor expenditures and program revenues. • Review and monitor contracts, requests for proposals and bid documents. • Coordinate division activities with other departments, divisions and/or outside agencies; respond to patron inquiries.
• Prepare purchase orders; approve and submit invoices for payment. • Interact with dignitaries both internally and within the community to provide information, disseminate departmental information and assist in resolving administrative issues.
• May represent the City or department at meetings, seminars, workshops and conferences.
• May research, and prepare reports for city council meetings, commission meetings, and for other partner organizations; prepare and/or review complex reports and analysis utilizing a variety of software; receive, sort, and summarize material for the preparation of reports; relay and interpret administrative decisions, policies and instructions.
• Maintain and upgrade professional knowledge, skills, and development by attending seminars and training programs and reading trade and professional journals and publications.
• May serve as backup for other positions within the department. • Performs other related duties as assigned.

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QUALIFICATIONS GUIDELINES
Knowledge of:
• Customer service techniques; safety procedures and practices; communication practices; time management methods; conflict resolution methods; supervisory techniques; leadership techniques; work organization planning methods; budget preparation methods.
• Recreation, cultural and social needs of the community; procedures for planning, implementing and maintaining a variety of recreation and leisure time activities and programs; current trends and practices in recreation programs; methods of supervising special events and adaptive programs.
• Applicable state, federal and local ordinances, codes, laws, rules and regulations and legislative issues; complex field investigation procedures. • Supervision of staff and activities, either directly or through subordinate supervision. • Assist in budget and grant development and administration. • Municipal, project, special event, and contract management. • City government organization and operations.
• External governmental bodies and agencies related to area of assignment.

Skills/Ability to:
• Use of a personal computer/laptop; perform mathematical computations. • Planning, organizing, assigning, directing, reviewing and evaluating the work of staff; selecting and motivating staff and providing for their training and professional development.
• Project management.
• Public speaking techniques.
• Using tact, discretion, initiative and independent judgment within established guidelines.
• Developing and implementing policy recommendations.

RESOLUTION NO. ____

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• Analyzing and resolving office administrative situations and problems. • Researching, compiling, and summarizing a variety of informational and statistical data and materials.
• Preparing clear and concise reports, correspondence, and other written materials. • Organizing work, setting priorities, meeting critical deadlines, and following up on assignments with minimum direction.
• Applying logical thinking to solve problems or accomplish tasks; to understand, interpret and communicate complicated policies, procedures and protocols. • Organize and prioritize multiple tasks; analyze and solve problems; research and interpret data; interpret standards and practices; demonstrate effective interpersonal skills; use conflict resolution techniques; follow oral and written instructions; project, records and time management; work with minimal supervision; initiate and complete performance evaluations; write reports; comply with required regulations; delegate tasks and manage projects; maintain confidentiality of non-public records; demonstrate effective leadership skills.
• Oversee the design, develop and implement recreations programs suited to the needs of the community; analyze, interpret and explain department policies and procedures; supervise, train and evaluate subordinates; elicit community and organizational support for programs; communicate clearly and concisely, orally and in writing; develop, present and administer a budget for a particular program area; establish and maintain effective working relationships with public groups, agencies and the media, and others contacted in the course of work. • Interpret plans and specifications; interpret laws and regulations; give effective oral and public presentations; interview and hire employees; recommend and implement disciplinary actions.
• Bilingual in Spanish desired.

RESOLUTION NO. ____

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Education/Training/Experience
Education:

A high school diploma or GED certificate is required.

Supervisory and managerial training; College coursework/extension classes is desirable.

Bachelor’s degree in Parks & Recreation, Public Administration or a related field is desired.

Experience:

Five years (5) of related program planning and coordination experience related to duties is required.

Two years (2) of supervisory experience; leadership experience; public contact experience is required.

Any combination of education, training and experience which provides the required knowledge, skills, and abilities to perform the essential functions of the job.

Licenses/Certifications/Special Requirements:

A valid California Class C Driver’s License and an acceptable driving record is required.

Relevant professional certifications desired.

CPR, First Aid, and AED required at time of hire and must be maintained throughout employment.

RESOLUTION NO. ____

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Physical Demands
While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms.

The employee frequently is required to stand and talk or hear; walk; sit; climb or balance; stoop, kneel, crouch or crawl.

The employee must frequently lift records, documents or other items weighing up to 20 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

Mental Demands
While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; work under deadlines with constant interruptions; and interact with City staff, other organizations and the public; occasionally required to deal with dissatisfied or quarrelsome individuals.

WORK ENVIRONMENT
The employee regularly works in office conditions as well as outside weather conditions.

The employee is exposed to traffic, wet or humid conditions, and vibration. The noise level is frequently loud.

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

RESOLUTION NO. ____

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EXHIBIT “B”

SALARY SCHEDULE
FY 2023-2024
Position Group Applicable Zones and Ranges
Zone A Zone B Zone C Zone D
Community & Economic
Development Analyst
V $6,387 - $7,344 $7,346 - $8,814
Parks and Recreation
Supervisor
IV $7,938 - $9,528
To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: RESOLUTION AUTHORIZING APPLICATION SUBMITTAL

FOR THE HOUSEHOLD HAZARDOUS WASTE GRANT
(HD43) FROM THE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY
Recommendation:

1. Approve a resolution authorizing the submission of applications for funding under the California Department of Resources Recycling and Recovery Household Hazardous Waste Program Discretionary Grant (HD43); and

2. Authorize the City Manager or his designee to execute all program-related documents, including future grant applications and administer funding if the City’s application is awarded.

Fiscal Impact:

There is no direct fiscal impact to the General Fund from this action. The costs associated with activities of CalRecycle’s Household Hazardous Waste (HHW) Grant Program - HD43 (Grant Program) are funded entirely by awarded monies received from the competitive grant program. If the application is successful, the City will receive a onetime grant of $50,000. Upon receipt, staff will present the award to the City Council for formal acceptance and appropriation. No additional appropriations are being requested currently.

Background:

CalRecycle is administering $1 million through the fiscal year (FY) 2024-25 HHW (HD43) Grant Program funding cycle. The Grant Program’s goal is to provide opportunities for local governments to develop safe HHW programs around the collection, public education, reuse, and HHW recycling. This cycle is aimed at providing funding for small projects that complement existing or regional HHW programs in the state. Funding for this program comes from the Integrated Waste Management Fund, which derives 7 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

RESOLUTION AUTHORIZING APPLICATION SUBMITTAL FOR THE HOUSEHOLD

HAZARDOUS WASTE GRANT FROM THE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY

Page 2 of 3 ends

primarily from tipping fees charged at landfills for the disposal of solid waste.

Household Hazardous Waste is categorized as any household substance whose waste may cause harm to human health and the environment if handled or disposed of improperly, this includes dumping substances in the trash, drain, or abandon altogether.

Some commonly cited HHW items include antifreeze, batteries, cleaners, paint, solvents, and thermometers and fluorescent lights. Local agencies, such as the City of Pico Rivera (City), are responsible for the handling of HHW in accordance with the State’s hazardous waste regulations.

Discussion:

The City aims to enhance its existing HHW management efforts by pursuing funding through CalRecycle’s competitive grant program. The Grant Program funds HHW collection, public education, reuse, disposal, including staff time, equipment, contracts, and necessary permits.

This is the first time that the City is applying for this Grant Program. Staff recommends submitting a grant application requesting $50,000 for HHW community programming, which include:
• HHW Collection and Disposal Activities for Earth Day
• HHW Outreach and Educational Materials
• Nontoxic Cleaner Demonstration and Supplies
• Extended Producer Responsibility (EPR) Workshops for Business Owners CalRecycle’s guidelines require jurisdictions to submit its completed funding request certification along with an approved resolution that authorizes application submission, identifies the specific CalRecycle program for which the applicant is eligible, designates staff for administration of the program-related documentation, and establishes the time period for which the authorizations are valid, preferably until rescinded. Program expenditures may start no earlier than the date of the award, which will tentatively begin in December 2024, and the term will end on February 29, 2028.

Since the City has not previously submitted for this Grant Program, the City must submit an approved and passed resolution to CalRecycle to participate and receive funds from the Grant Program.

Conclusion:

Staff recommends that the City Council approve a resolution authorizing the City’s submission of an application for the Grant Program and authorizing the City Manager or CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

RESOLUTION AUTHORIZING APPLICATION SUBMITTAL FOR THE HOUSEHOLD

HAZARDOUS WASTE GRANT FROM THE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY

Page 3 of 3 ends

his authorized designee to execute all program-related documents and administer the program if the City’s application is selected for funding.

Steve Carmona
SC:AG:VHF:pg
Enclosure: 1) Resolution
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, AUTHORIZING SUBMISSION OF GRANT

APPLICATIONS AND RELATED AUTHORIZATIONS FOR THE

HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM

ADMINISTERED BY CALRECYCLE
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs, including the Hazardous Waste Grant Program; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the grant programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

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

SECTION 1. That the City of Pico Rivera is authorized to submit applications to CalRecycle for the Hazardous Waste Grant Program, including future grant applications.

SECTION 2. The City Manager, or his/her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment.

SECTION 3. That this authorization is effective until rescinded by the Signature Authority or this governing body.

SECTION 4. 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 10th day of September, 2024.
____________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

Enclosure 1
7a
To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: SAFE CLEAN WATER PROGRAM – MUNICIPAL

PROGRAM TRANSFER AGREEMENT BETWEEN THE

LOS ANGELES COUNTY FLOOD CONTROL

DISTRICT AND CITY OF PICO RIVERA
Recommendation:

1. Approve a resolution authorizing the City Manager or designee to execute the Safe Clean Water Program-Municipal Program Transfer Agreement No. 2024MP60 in a form approved by the City Attorney; and

2. Approve the Safe Clean Water Program-Municipal Program Transfer Agreement No. 2024MP60 with the Los Angeles County Flood Control District for the next three years.

Fiscal Impact:

Since the fiscal year (FY) 2021-22, the City of Pico Rivera has been receiving approximately $890,000 annually in Measure W Local Return Funds (209.00.0000- 45790) designated for safe and clean water projects and programs in accordance with Chapters 16 and 18 of the Los Angeles County Flood Control District Code. For FY 2024- 25, the City is anticipated to receive a similar amount from the Los Angeles County Flood Control District, contingent on meeting all the requirements. There is no fiscal impact to the General Fund associated with this action.

Discussion:

On April 5, 2016, the Los Angeles County Board of Supervisors passed a motion directing the Los Angeles County Department of Public Works, in coordination with other county departments, cities, local water agencies, business stakeholders, non-profit organizations, school districts, and other regional stakeholders, to design and develop a Drought Resilience Plan. This led to the creation of the Safe, Clean Water Program (SCWP), a parcel tax known as Measure W, to be implemented by the Los Angeles County Flood Control District (LACFCD). The purpose of the SCWP is to 8 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 SAFE CLEAN WATER PROGRAM – MUNICIPAL PROGRAM TRANSFER

AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

Page 2 of 3 ends

develop/implement projects and programs in order to increase stormwater capture and reduce stormwater and urban runoff pollution, and to be funded by a parcel tax. The SCWP parcel tax measure was placed on the November 6, 2018, election ballot and was approved by the voters.

Annual tax revenues are allocated in accordance with the SCWP as follows:
• Fifty percent (50%) to the Regional Program composed of nine (9) watershed areas to fund regional watershed-based multi-benefit projects to be implemented by project developers, and to provide technical resources, and conduct scientific studies
• Forty (40%) to the Municipal Program for cities within the District • Ten (10%) to LACFD implementation costs
The Regional Program has established several watershed areas made up of multiple municipalities. Each watershed area will collaborate together via a Watershed Area Steering Committee (WASC) to allocate funding for SCWP projects that are regionally significant and impact multiple municipalities.

The Municipal Program provides approximately $890,000 annually of local return funds directly to the City of Pico Rivera to implement projects and programs related to the SCWP. These funds can be used towards City projects and programs in accordance with Chapters 16 and 18 of the Los Angeles County Flood Control District Code, also known as the SCWP Implementation Ordinance. The funds must be used to advance the City’s compliance with the State of California’s MS4 Permit, the goal of which is to capture, treat, and re-use stormwater. The City will be able to carry-over uncommitted Municipal Program funds for up to five (5) years.

On September 9, 2020, City Council approved Transfer Agreement No. 2020MP60 with the LACFCD which expired at the end of FY 2023-24. Payments from the District are contingent on completion of program requirements such as submission of Annual Progress/Expenditure Reports, Annual Plan Reports, and compliance with the audit requirements. Staff has ensured these requirements were met over the past three (3) fiscal years which has allowed the City to collect Measure W local return funds (approximately $890,000) annually which have helped to fund CIP projects as well as various operational costs.

To ensure that the City remains eligible to receive Measure W funds for FY 2024-25 through FY 2027-28, the attached Transfer Agreement No. 2024MP60 must be executed, and all Program requirements must continue to be met. If all terms are met, payments are generally disbursed by December 31st of each year the Transfer Agreement is in effect.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 SAFE CLEAN WATER PROGRAM – MUNICIPAL PROGRAM TRANSFER

AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

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Conclusion:

Measure W Local Return Funds are to be used towards safe clean water projects and programs. The City is estimated to receive $890,000 in local return funds for FY 2024- 25 to implement projects and programs related to the SCWP. Therefore, staff recommends approval of the transfer agreement between the LACFD and the City of Pico Rivera. Staff also recommends approving a resolution authorizing the City Manager or designee to sign the Safe Clean Water Program-Municipal Program Transfer Agreement No. 2024MP60 in a form approved by the City Attorney. If all terms are met, payments are generally disbursed by December 31st of each year the Transfer Agreement is in place.

Steve Carmona
SC:NN:KG:np
Enclosures: 1) Resolution
2) Transfer Agreement No. 2024MP60
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO

RIVERA, CALIFORNIA, APPROVING PARTICIPATION IN THE SAFE,

CLEAN, WATER PROGRAM AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE TRANSFER AGREEMENT WITH LOS ANGELES

COUNTY FLOOD CONTROL DISTRICT
WHEREAS, the City of Pico Rivera (“City”) desires to participate in the Los Angeles County Flood Control District (“District”) Safe, Clean, Water (“SCW”) Program; and WHEREAS, In 2018, the electorate within the LA County Flood Control District voted to on a parcel tax to create the Safe, Clean Water Program, which is designed to clean and conserve billions of gallons of stormwater and develop/implement projects and programs in order to increase stormwater capture and reduce stormwater and urban runoff pollution; and
WHEREAS, participation in the SCW Program requires the City to execute an agreement (“Transfer Agreement”) with the District authorizing the funding and receipt of funds pursuant to the SCW Program and in accordance with SCW regulations under Chapters 16 and 18 of the District’s Code; and
WHEREAS, the City authorizes the execution of the Transfer Agreement with the District in order to receive said SCW funds;
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 City Council hereby approves of the City’s participation in the District’s Safe, Clean, Water Program.

SECTION 3. The City Council also authorizes the City Manager to enter into the Transfer Agreement to fund and receive the SCW funds; and authorizes the City Manager, or his or her designee, to execute any and all other documents necessary for participation in the SCW Program on behalf of the City of Pico Rivera.

SECTION 4. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.
(Signatures on following page)
Enclosure 1
8a
RESOLUTION NO. ____

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APPROVED AND PASSED this 10th day of September, 2024.
__________________________________
Andrew C. Lara, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:

NOES:

TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND PICO RIVERA AGREEMENT NO. 2024MP60
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Pico Rivera, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.

NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated.

II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Municipality: Pico Rivera Name: Haris Harouny Name:

Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:

Phone: (626) 300-2620 Phone:

Municipal Program
Agreement No.2024MP60

Page 1 of 14 ends

Enclosure 2
8b
Email: [email protected] Email:

Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BYREFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBITA – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, anAnnual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.

B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.

C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.

V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.

B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section

18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.

Municipal Program
Agreement No.2024MP60

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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

By:

Name:

Title:

Date:

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By:

Name:

Title:

Date:

Municipal Program
Agreement No.2024MP60

Page 3 of 14 ends

EXHIBIT A–ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.

Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.

Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.

A-7. Provide the budget for the activities described in provisions A1 throughA-5 SCW Program Payment.

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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.

3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.

B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment
The Municipality shall not assign this Agreement.

B-6. Audit and Recordkeeping

1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.

2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.

3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.
th
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Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028

4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.

B-11. Compliance with Law, Regulations, etc.

The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.

Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.

B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.

SCW Program Payments shall not be used to pay for any costs of the mediation.

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The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-15. Force Majeure.

In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-16. Funding Considerations and Exclusions

1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.

B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-20. Lapsed Funds

1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality.

2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will Municipal Program
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apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.

Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.

B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding nondiscrimination in employment and equal employment opportunity.

B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice

1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.

B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work.

B-26. Reporting
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The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.

1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.

3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipal Program
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Municipality's ability to complete the Annual Plan.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.

6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:

1. The Municipality has violated any provision of this Agreement; or

2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.

3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.

4. Failure to submit annual reports on meeting SCW Program Goals.

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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to include in eachAnnual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.

METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climateappropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
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Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing offsite runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

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• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.

Municipal Program
Agreement No.2024MP60

Page 14 of 14 ends

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: MEMORANDUM OF UNDERSTANDING WITH THE PICO

RIVERA CHAMBER OF COMMERCE
Recommendation:

1. Approve a Memorandum of Understanding between the City of Pico Rivera and the Pico Rivera Chamber of Commerce for fiscal year (FY) 2024-25.

Fiscal Impact:

Sufficient funding is available in the FY 2024-25 Adopted Budget within the General Fund (Account No. 100.30.3000-54100). No additional appropriations are needed at this time.

Discussion:

Since the City of Pico Rivera’s (City) incorporation in 1958, the City has been working cooperatively with the Chamber of Commerce (Chamber) to provide opportunities as a dedicated resource for the City’s business community. This partnership has been memorialized in an agreement between the two entities in the form of a Memorandum of Understanding (MOU). Included in this MOU is a list of services the Chamber will provide to the Pico Rivera business community through June 30, 2025. Services include local business support necessary to stimulate the local economy, including distribution of educational materials, advertising, publicizing, marketing special events, participation in job fairs, and facilitation of grand openings.

As part of the MOU maintenance and oversight, staff reviews quarterly performance and accomplishments. Payment to the Chamber occurs in installments of $10,000 per quarter and only upon compliance with conditions outlined in the MOU. The MOU between the entities requires the Chamber to submit quarterly invoices with a report of activities to the City for disbursement.

The partnership with the Chamber represents an investment in the Pico Rivera business community. Through various functions, the Chamber provides programs for networking, 9 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

MEMORANDUM OF UNDERSTANDING WITH THE PICO RIVERA CHAMBER OF

COMMERCE

Page 2 of 2 ends

partnership opportunities, resource development, job and resource fairs, and increased business visibility, to name a few. Supporting local businesses will continue to promote economic stability and growth as they adjust to changing operational models and market trends. Renewing the MOU will contribute to this effort.

Conclusion:

Staff recommends that the City Council approve the MOU and direct staff to undertake the necessary actions to proceed with the execution of the MOU through June 30, 2025.

Steve Carmona
SC:AB:JG:JF:ca
Enclosure: 1) Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 2024-25
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and the Pico Rivera Chamber of Commerce, Inc., a California corporation (Entity Number C0353994) commonly referred to and known as the Pico Rivera Chamber of Commerce (“Chamber”).

City and Chamber are sometimes herein after individually referred to as a “Party” and collectively referred to as “Parties.”
Whereas, the City Council approved the Fiscal Year 2024-25 Budget on June 25, 2024 per Resolution No.7352; and
Whereas, the approval of the FY 2024-25 Budget authorizes the City Manager to direct the Chamber to implement programs and projects contained in the Scope of Services (Attachment A) referenced below; and
Whereas, the City Manager established this MOU outlining the City’s requirements governing the use of funds by the Chamber.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

1. Chamber Services
The Chamber is responsible to perform all work necessary to complete the services set forth in the Scope of Services (Attachment “A”- herein referred to as the “Scope”).

2. Compensation
City agrees to pay Chamber for the services, as noted in the Scope. Chamber agrees that fees for services shall not exceed the authorized amount of $40,000 (Forty Thousand Dollars), unless City has given specific advance approval in writing. City shall disburse payments to Chamber in four (4) equal payments paid on or before the tenth (10th) calendar day of the month following the end of the quarter during the program fiscal year commencing July 1, 2024. For purposes of this Section, the end of the quarter shall coincide with the following dates:
1st Quarter by October 1st
2nd Quarter by January 1st
3rd Quarter by April 1st
4th Quarter by July 1st
ENCLOSURE 1
9a
Memorandum of Understanding
CHAMBER OF COMMERCE FISCAL YEAR 2024-25

Page 2 of 6 ends

3. Availability of Funds/Modifications
The City’s provision of funding to the Chamber pursuant to this MOU is contingent on the availability of program funds in the City’s Economic Development Administration (EDA) fund and is subject to amendment or termination due to lack of funds or authorization at the City’s sole and absolute discretion. Nothing under this MOU shall be construed as creating any legal obligation on the City to provide funding in the event that funds are no longer available. This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future Federal or State legislation, regulations or City policy. All other modifications must be in written form and approved by both parties prior to contract execution.

4. Term of MOU
The term of this MOU shall be from July 1, 2024 to June 30, 2025 (herein referred to as “Fiscal Year”).

5. Commencement of Performance
The Chamber shall not obligate or request disbursement of funds, incur any cost or initiate identified projects which are subject of this MOU, until the provisions of this paragraph have been fully satisfied:

A. Chamber will not commence work under this Agreement until all insurance required under this section has been obtained. Chamber shall furnish the City with the certificates of insurance evidencing the required coverage. The City will be named as additional insured in the general liability policy. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to the City of any pending cancellation or modifications of the policy.
a. Workers’ Compensation. Chamber shall have in effect during the entire life of this Agreement Workers’ Compensation and Employers’ Liability Insurance providing full statutory coverage. In signing this Agreement, Chamber makes the following certification required by California Labor Code Section 1861:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this Agreement.
b. Liability Insurance. Chamber shall make out and maintain during the life of this Agreement such bodily injury liability and property damage Memorandum of Understanding
CHAMBER OF COMMERCE FISCAL YEAR 2024-25

Page 3 of 6 ends

liability insurance as shall protect the Chamber while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Chamber’s work under this Agreement, whether such work be by Chamber or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be one million dollars and no cents ($1,000,000.00) combined single limit bodily injury and property damage for each occurrence. The City, its officers, employees and agents shall be maintained as additional insured on said policy, and a certificate of said coverage shall be delivered to the City before any work commences. All insurance shall be with insurance carriers licensed in the State of California and in good standing with the California Department of Insurance.

6. Designated Representative
(a) The City’s representative is as follows:

Name and Title: Steve Carmona, City Manager
Address: 6615 Passons Boulevard, Pico Rivera, CA 90660
E-mail Address: [email protected]
Telephone No.: (562) 801-4371
(b) The Chamber’s representative, who shall be responsible for job performance, negotiations, contractual matters, coordination with the City Representative is as follows:

Name and Title: C.R. May, President
Address: 5016 Passons Boulevard, Pico Rivera, CA 90660
Organization: Pico Rivera Chamber of Commerce
E-mail Address: [email protected]
Phone No.:

The Chamber’s services shall be performed by, or shall be immediately supervised by, the Chamber’s representative.

7. Assignment
This MOU is for the professional services of the Chamber. Any attempt by the Chamber to assign the benefits or burdens of this MOU without written approval of the City shall be prohibited and shall be null and void.

Memorandum of Understanding
CHAMBER OF COMMERCE FISCAL YEAR 2024-25

Page 4 of 6 ends

8. Records, Inspections and Reports
The Chamber shall maintain full and accurate records with respect to all services and matters covered under this MOU. The City shall have free access at all reasonable times to such records, and the right to examine and audit same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. The Chamber shall furnish a final report to the City Manager or the City Manager’s designee days following the end of agreement, in such form as it is requested by the City Manager or designee, with such report to include an accurate and complete record of the number and nature of public inquiries and progress and activity information on other goals and business support services required in this Agreement.

9. Covenants and Conditions
Each term and each provision of this MOU to be performed by the Chamber shall be construed to be both a covenant and a condition.

10. Termination
City may terminate this Agreement at any time, with or without cause, by giving 30 days’ written notice to Chamber.

11. Effect of Termination
Upon termination, as stated in Paragraph 10 of this MOU, the City shall compensate the Chamber only for work done by the Chamber up to and including the date of termination of this MOU, unless the termination is for cause, in which event the Chamber need be compensated only to the extent required by law.

12. Modification of MOU
This MOU is subject to written modification and termination as necessary by the City in accordance with requirements contained in any future federal legislation and regulations affecting this MOU or funding for programs hereunder. All other tasks described in this MOU and all other terms of this MOU may be modified only upon mutual written consent of the City and the Chamber.

13. Use of the term “City”
Reference to “City” in this MOU includes City Manager or any authorized representative acting on behalf of the City.

14. Notices
All notices given, or required to be given, pursuant to this MOU shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed Memorandum of Understanding
CHAMBER OF COMMERCE FISCAL YEAR 2024-25

Page 5 of 6 ends

to each party’s designated representative as set forth above in Section 6. When addressed in accordance with this paragraph, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

15. Permits and Licenses
The Chamber, at its sole expense, shall obtain and maintain during the term of this MOU, all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this MOU. In addition, Chamber shall maintain and remain in good standing with the Secretary of State and Franchise Tax Board.

Suspension of corporate status or any permits or licenses shall be cause for termination of remaining funding, at the sole and absolute discretion of the City.

16. Indemnification
Chamber shall defend, indemnify, and hold harmless City and its officers and employees from and against any and all liability claims, suit, loss, damages, costs, and expenses, including attorney’s fees arising out of or resulting from any negligent acts, errors, or omissions of Chamber, its officers, employees, agents, or subcontractors in the performance of their services under this Agreement.

17. Waiver
A waiver by the City of any breach of any term, covenant or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this MOU whether of the same or different character.

18. No Employment Relationship
Chamber is an independent entity from the City. This MOU shall not create or constitute an employment relationship between the City and the Chamber or any of its officers, directors, employees and assigns. The Chamber shall have no power or authority to incur any debt, obligation or liability on behalf of the City.

19. Attorneys’ Fees
Should a dispute arise between the parties to this MOU resulting in legal action, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred.

Memorandum of Understanding
CHAMBER OF COMMERCE FISCAL YEAR 2024-25

Page 6 of 6 ends

20. Integrated MOU
This MOU, along with Attachment “A,” represent the entire MOU between the City and the Chamber and supersedes all preliminary negotiations. No verbal MOU or implied covenant shall be held to vary the provisions of this MOU. This MOU shall bind and inure to the benefit of the parties to this MOU and to any subsequent successors and assigns.

In Witness Whereof, the parties have signed this MOU on the dates set forth below.

City of Pico Rivera Pico Rivera Chamber of Commerce

By:___________________________ By:_____________________________ Steve Carmona, City Manager C.R. May, Board President

Date:_________________________ Date:_________________________ APPROVED AS TO FORM: ATTEST:
____ __________________________
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

ATTACHMENT“A”

SCOPE OF SERVICES
FISCAL YEAR 2024-25
The Chamber shall administer services in business promotion, marketing, networking and education to the business community about resources, local issues and concerns, and services, as follows:

A. Business Support Services
I. The Chamber will work with the City of Pico Rivera to develop and maintain an accurate database of businesses in the City of Pico Rivera. This database will serve the Chamber and City in communicating with businesses. The Chamber will use this database to conduct “Business Satisfaction Surveys” to remain informed of ongoing challenges or growth opportunities for Pico Rivera businesses.

II. The Chamber will work with its membership on targeted business promotion activities that will help strengthen the electronic presence of Pico Rivera businesses including, but not limited to, advertising via email blasts, and advertising on the Chamber of Commerce’s website, social media, and the new Virtual City Hall platform.

III. The Chamber will plan and coordinate activities designed to promote businesses within the City such as ribbon-cutting ceremonies, grand openings, and ground breakings in partnership with the City of Pico Rivera as this encourages business promotion, encourages businesses to join the Chamber, and represents an opportunity for business owners to meet City leaders such as the Mayor, council members and local legislators.

IV. The Chamber will plan and coordinate a series of in-person or virtual business seminars, workshops and trainings to inform and educate the business community on a variety of business-related issues, subjects of interest, and resources.

V. The Chamber will assist the City with promoting and encouraging business participation in the “Shop & Dine Pico Rivera” campaign aimed at encouraging residents to support Pico Rivera businesses for shopping and other services by educating them about the importance of local sales tax revenue.

VI. In conjunction with the City of Pico Rivera, the Chamber will coordinate interview opportunities for the Chambers “Business of the Month” program, local businesses success stories, in conjunction with the City’s economic development efforts. The City website and the Chamber website, email distribution lists, and social media will serve as a platform for the City and Chamber to highlight business services and technical assistance provided, to keep our businesses thriving.

VII. The Chamber will work with the City and Pico Rivera Sheriff’s Station to promote and expand the “Business Watch Program”, in addition to speaking opportunities, the Chamber will include articles related to business crime and safety-related issues in the Chamber E-Newsletter.

VIII. The Chamber will work with the City and local partners to assist in the development of job/resource fairs focused on employment in high-growth sectors at a minimum of once per year and will aid the City in the dissemination of these resources among community members.

IX. The Chamber will assist in the development and distribution of materials relating to the City and its projects in the form of a joint physical “Business Welcome Package”, and work with the City to disseminate.

B. Promotion of the City at Events, Marketing Materials I. The Chamber of Commerce will organize and/or partner with a non-partisan “Candidate’s Forum” for all City Council, School Board, and Water District races.

II. The Chamber will organize, promote and stage an “Annual State of the City”.

C. Visitor/General Public Inquiries:

I. The chamber will provide information services to the public through maintenance of an office. The Chamber staff will be accessible Monday through Friday from 8:30 a.m. to 4:30 p.m. In addition to walk-in traffic, the general public is assisted via phone, email, on-the-field, and virtually. Chamber staff fields calls regarding City services (including trash, water, current Council issues) and local community events.

II. The Chamber will respond to inquiries in a timely manner and will provide a report of activities to the City, the following are examples of activities:
a. Inquires requesting City and business information
b. Walk-ins requesting general information
c. Virtual, mail, fax, email inquiries
d. Distribution of City & Chamber materials, including maps, membership directories, brochures and pamphlets.

III. The Chamber will utilize office space at 5016 Passons Blvd. to distribute and disseminate appropriate information about City programs and services.

IV. The Chamber will maintain a website, www.PicoRiveraChamber.org, providing residents and businesses access to information about the Chamber, the City of Pico Rivera and the business community at all times. The Chamber calendar will be posted on the website which lists the dates of all City-wide events that are submitted for posting. The website shall be updated on a timely basis.

V. The Chamber will produce and maintain City, visitor and business information materials, such as a membership directory and City map.

VI. The Chamber will establish distribution channels, such as local businesses, community centers, libraries, social media, website etc. to deliver information of City and Chamber events.

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: AGREEMENT WITH LOS ANGELES COUNTY PROBATION

DEPARTMENT TO ESTABLISH A PREVENTION AND

INTERVENTION PROGRAM
Recommendation:

1. Authorize the City Manager to negotiate and execute an agreement and any subsequent amendments or documents between the City of Pico Rivera and the County of Los Angeles Probation Department, in a form approved by the City Attorney to establish a Prevention and Intervention Program (PIP) within the City of Pico Rivera.

Fiscal Impact:

The City of Pico Rivera (City) will reimburse the County of Los Angeles for support services and 50% of the salary and benefits of one Deputy Probation Officer (DPO) and support staff assigned by the County to perform the scope of services outlined in an agreement (Agreement) for a one (1) year period. The billable amount is anticipated to be $119,000 plus any adjustments to salary and benefits and/or overhead rates approved by the Board of Supervisors for the fiscal year. Funds have been identified within the Public SafetyContract Services Account No. 100.15.1500-54500 for this item.

Background:

The City Council has long recognized that the safety and well-being of its residents, particularly its youth, are foundational to building a vibrant and thriving community. The City seeks to mitigate issues related to juvenile delinquency, gang involvement, and recidivism among probationers. These issues, if left unaddressed, can have far-reaching consequences, not only for the individuals directly involved but also for the broader community. To combat these challenges, the City has continuously sought innovative and proactive measures to enhance public safety, reduce crime, and improve quality of life for all residents.

A critical component of these efforts is the integration of specialized probation services within the community. By retaining a DPO through an agreement with the Los Angeles County Probation Department, the City gains direct access to expertise and resources that are essential for effective supervision, intervention, and rehabilitation of probationers. This 10 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

AGREEMENT WITH LOS ANGELES COUNTY PROBATION DEPARTMENT TO

ESTABLISH A PREVENTION AND INTERVENTION PROGRAM

Page 2 of 3 ends

Agreement is not merely about enforcing the law but about fostering positive change and preventing future criminal behavior. This program is designed to address and mitigate juvenile delinquency, provide critical interventions, and enhance community safety by proactively engaging at-risk youth.

Discussion:

The purpose of this Agreement is to maintain within the City the services of one DPO and associated support staff to provide specialized probation services. The DPO will manage caseload supervision and coordination, focusing on at-risk youth and juvenile probationers.

This role includes collaboration with school administrators, law enforcement, and community providers to ensure the implementation of strategies that promote school success and community safety.

Addressing the Needs of At-Risk Youth
Juvenile crime and delinquency are complex issues that often stem from underlying social, economic, and familial factors. At-risk youth are particularly vulnerable to engaging in criminal activity, gang involvement, or substance abuse due to a lack of positive role models, limited access to educational and recreational opportunities, and exposure to environments where crime is normalized. By retaining a DPO, the City can offer targeted interventions that address these root causes, providing at-risk youth with the guidance, support, and resources they need to make better choices. The DPO’s role in this context is not just punitive but rehabilitative, focusing on helping young people avoid the criminal justice system altogether by redirecting their energies toward more constructive paths.

Reducing Recidivism and Supporting Rehabilitation
For those already involved in the criminal justice system, the risk of reoffending is a significant concern. High repeat offender rates can strain public resources, contribute to ongoing crime in the community, and impede the successful reintegration of probationers into society. The DPO plays a crucial role in reducing recidivism by closely monitoring probationers, ensuring they comply with the terms of their probation, and providing ongoing support to address the challenges they face. This might include helping them find employment, access mental health services, or complete educational programs. The presence of a DPO dedicated to Pico Rivera ensures that probationers receive the focused attention and support necessary to break the cycle of reoffending and make positive, lasting changes in their lives.

Enhancing Public Safety Through Strategic Interventions Public safety is a top priority for the City of Pico Rivera. The integration of a DPO within the community enhances the City’s ability to implement strategic interventions that preempt criminal activity. The DPO’s presence allows for real-time intelligence gathering and the rapid deployment of resources to address emerging threats, particularly those related to gang activity and organized crime. Moreover, the DPO’s collaboration with local law enforcement agencies amplifies the effectiveness of crime prevention efforts, ensuring that probationers are not only held accountable but are also supported in their efforts to avoid CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

AGREEMENT WITH LOS ANGELES COUNTY PROBATION DEPARTMENT TO

ESTABLISH A PREVENTION AND INTERVENTION PROGRAM

Page 3 of 3 ends

criminal activity.

Building Stronger Community Ties and Trust
A dedicated DPO serves as a bridge between the criminal justice system and the community, helping to build trust and foster cooperation. By engaging with local schools, community organizations, and residents, the DPO can help demystify the probation process, encourage community involvement in crime prevention, and create a more supportive environment for those on probation. This community-based approach is essential for ensuring that public safety initiatives are both effective and sustainable. The DPO’s work in maintaining a visible and positive presence in the community helps to reassure residents that their safety is being actively protected and that the City is committed to rehabilitating those who have made mistakes.

Providing Tailored, Community-Specific Solutions
Every community has unique challenges and needs when it comes to public safety and crime prevention. By retaining a DPO who is specifically assigned to Pico Rivera, the City can develop and implement solutions that are tailored to its specific context. The DPO’s familiarity with local dynamics, including the specific risks and resources available in the community, allows for a more nuanced and effective approach to probation services. This localized expertise ensures that the interventions are relevant, culturally appropriate, and aligned with the community’s values and priorities.

Leveraging County Resources for Local Benefit
Partnering with the Los Angeles County Probation Department allows Pico Rivera to leverage the resources and expertise of a larger entity while maintaining control over the specific application of those resources within the City. This arrangement provides the City with access to a highly trained DPO who can deliver specialized services without the need for the City to independently recruit, train, and manage such personnel. The partnership also ensures that the DPO is supported by the infrastructure of the County, including access to training, data, and additional support services, which enhances the overall effectiveness of the program.

Conclusion:

Staff recommends that the City Council authorize the City Manager to negotiate and execute an Agreement, in a form approved by the City Attorney, and any subsequent amendments or documents between the City of Pico Rivera and the County of Los Angeles Probation Department to establish a Prevention and Intervention Program (PIP) within the City administered by a Deputy Probation Officer (DPO) and support staff.

Steve Carmona
SC:JH:JG:smc
To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. 21-2026 FOR PROFESSIONAL

GEOGRAPHICAL INFORMATION SYSTEM CONSULTING

SERVICES
Recommendation

1. Approve Amendment No. 1 to Agreement No. 21-2026 with Infinity Technologies Inc. to provide professional Geographical Information System Consulting Services for an annual amount not-to-exceed $120,000, and a contract total notto-exceed $480,000; and

2. Authorize the City Manager to execute Amendment No. 1 in a form approved by the City Attorney.

Fiscal Impact:

There is sufficient funding in the fiscal year (FY) 2024-25 Adopted Budget related to this action. The breakdown of the accounts which fund the Geographical Information System (GIS) services are as follows:

Account No. Funding Source Amount
550.40.4900.54500 Water Authority Fund $ 60,000
100.40.4040.54400 General Fund/Storm Water $ 10,000
100.40.4050.54500 General Fund/ Sewer Maintenance $ 10,000 208.40.4010.54500 Lighting Assessment District $ 20,000 209.40.4010.54500 Measure W (Fund 209) $ 20,000
Total $ 120,000
11 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 21-2026

FOR PROFESSIONAL GEOGRAPHICAL INFORMATION SYSTEM CONSULTING

SERVICES

Page 2 of 2 ends

Background:

The implementation of a state-of-the-art GIS system has provided numerous benefits including improving staff’s efficiency and productivity, saving money during project planning and construction, improving access and accuracy of data, automating workflows, improving information processing, facilitating compliance with local, State and Federal mandates, and providing better customer service and transparency to residents. All City assets such as water, sewer, storm drain, trees, street lighting, Capital Improvement Projects, pavement management, and development projects have been implemented within the GIS system.

In addition, GIS is extremely effective in assisting with improved strategic decision making throughout the organization. This helps the City consider solutions regarding public safety, economic development, parks and recreation, private development activity and resident services. A GIS system requires on-going yearly development and maintenance to ensure both the accuracy and completeness of all data and metadata.

Discussion:

On September 14, 2021, the City awarded a Professional Services Agreement (Agreement No. 21-2026) to Infinity Technologies to provide professional GIS Consulting Services for an amount not-to-exceed $120,000 per year and a total contract amount not-to-exceed $360,000. While this amount has not yet been exceeded, a renewal to the contract is necessary as the agreement expires on September 14, 2024.

Per the terms of the agreement, the City Council can exercise two (2), one-year options.

Staff have been satisfied with the GIS services provided to the City and seek approval to continue with Infinity Technologies for an additional $120,000 for a 12-month period.

This would bring the contract total to a not-to-exceed amount of $480,000.

Conclusion:

Staff recommends approving Amendment No. 1 to Agreement No. 21-2026 with Infinity Technologies for a one-year period to provide the City with professional GIS services.

Steve Carmona
SC:AG:sm
Enclosures: 1) Amendment No. 1
2) Agreement No. 21-2026
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND INFINITY TECHNOLOGIES, INC.

AGREEMENT NO. 21-2026
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 21-2026 FOR PROFESSIONAL SERVICES WITH INFINITY TECHNOLOGIES, 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 INFINITY TECHNOLOGIES, INC. (“CONSULTANT”).

RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement for Professional Services, Agreement No. 21-2026 (“Agreement”) relating to professional services in the City of Pico Rivera.

B. The PARTIES desire to amend said Agreement as set forth herein, pursuant to Section 32 (“Entire Agreement”) of the Agreement authorizing amendments thereto if made in writing and executed by the PARTIES.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF TERM OF THE AGREEMENT.

Section 3 (“Expiration Date”) and Section 4 (“Term”) of the Agreement shall be modified as follows:

The term of the Agreement shall be extended for an additional one-year period to expire at 11:59 pm on September 13, 2025, unless extended by a further written amendment and executed by the PARTIES or terminated in accordance with Section 22 of the Agreement.

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 CONSULTANT shall remain in full force and effect.

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 CONSULTANT, executes this Amendment No. 1.

Enclosure 1
11a
Amendment No. 1 to Agreement No. 21-2026
INFINITY TECHNOLOGIES, INC.

Page 2 of 2 ends

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” “CONSULTANT”
CITY OF PICO RIVERA INFINITY TECHNOLOGIES, INC.
______________________________ _________________________________ Steve Carmona, City Manager Mohammad Ahmed, President and Ambassador of IT Services
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Enclosure 2
11b

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT NO. 22-2138 WITH DUDEK FOR THE
COMPREHENSIVE UPDATE OF TITLE 18, ZONING, OF

THE PICO RIVERA MUNICIPAL CODE
Recommendation:

1. Approve Amendment No. 2 to Professional Services Agreement No. 22-2138 with Dudek to increase the contract amount by $29,650, for a total not-to-exceed amount of $543,590; and

2. Authorize the City Manager to execute Amendment No. 2 in a form approved by the City Attorney for a term of one (1) year with a second-year extension option if required.

Fiscal Impact:

Sufficient funding is available in the fiscal year (FY) 2024-25 Adopted Budget to cover this amendment within the General Fund Account No. 100.30.3010.54400 (Professional Services). No additional appropriations are necessary at this time.

Background:

On November 8, 2022, the City entered into a Professional Services Agreement with Dudek to prepare City-wide Design Standards and Guidelines for residential, commercial, industrial, and mixed-use development.

On September 12, 2023, the City Council approved Amendment No.1 to expand the agreement to include a Comprehensive Zoning Code Update.

The table below outlines the contract values and amendments approved to date, including the current proposal:
12 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 22-2138 WITH DUDEK FOR THE COMPREHENSIVE UPDATE OF TITLE 18, ZONING, OF THE

PICO RIVERA MUNICIPAL CODE

Page 2 of 3 ends

Discussion:

In late 2022, Dudek, along with City staff, began the city-wide Design Standards and Guidelines effort in earnest. The first steps included a review of Title 18 Zoning of the City of Pico Rivera Municipal Code to understand how best to incorporate design standards and guidelines. By mid-2023, it was clear that a comprehensive Zoning Code update would be necessary to best accommodate the proposed new standards and guidelines. This is primarily because Title 18 was last updated in 1993 and has only been modified through a series of smaller amendments over the past 30 years. This posed challenges in adding design-related standards and guidelines to an older code that was not written to address such design matters by way of development standards or guidelines.

From the outset, California Environmental Quality Act (CEQA) compliance for the update to Title 18 was thought to be satisfied with a Categorical Exception. However, upon further review and after significant progress was made in the update to Title 18, it became clear that an amendment to the General Plan Environmental Impact Report (EIR) would be more appropriate. Therefore, City staff recommends Amendment No. 2 to the existing agreement with Dudek to prepare an Addendum to the October 2014 General Plan Report to ensure CEQA compliance.

Environmental Analysis:

The amendment to the Professional Service Agreement is exempt from the CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Here, it can be seen with certainty that there is no possibility that the proposed amendment, in and of itself, will have a direct physical change in the environment or reasonably foreseeable indirect physical change in the environment.

Agreement/Amendment Amount
Agreement 22-2138 $ 300,000
Amendment No. 1 $ 213,940
Amendment No. 2 (Proposed) $ 29,650
Total $ 543,590
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 22-2138 WITH DUDEK FOR THE COMPREHENSIVE UPDATE OF TITLE 18, ZONING, OF THE

PICO RIVERA MUNICIPAL CODE

Page 3 of 3 ends

Conclusion:

Staff recommends that the City Council approve Amendment No. 2 to the Professional Services Agreement No. 22-2138 with Dudek, increasing the contract amount by $29,650 for a total not-to-exceed the amount of $543,590 and a one (1) year extension with a second-year extension option if required.

Steve Carmona
SC:AB:EF:ca
Enclosures: 1) Amendment No. 2 Professional Services Agreement 22-2138 2) Amendment No. 1 Professional Services Agreement 22-2138 3) Professional Services Agreement No. 22-2138
AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK, AGREEMENT NO. 22-2138
THIS AMENDMENT NO. 2 TO AGREEMENT NO. 22-2138 FOR
PROFESSIONAL SERVICES WITH DUDEK, (“Amendment No. 2"), 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 DUDEK, (“CONSULTANT”).

RECITALS
A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) have previously executed that certain Agreement No. 22-2138 Professional Services Agreement Between the City of Pico Rivera and Dudek, dated November 9, 2022, as amended by Amendment No. 1 to the Professional Services Agreement with Dudek, Agreement No. 22-2138 dated September 12, 2023 (“Agreement”) relating to professional services in the City of Pico Rivera.

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

1. MODIFICATION OF CONSULTANT’S SERVICES.

The scope of services included under section 3.1 shall be amended to add the services described in Exhibit “A”.

2. MODIFICATION OF CONSULTANT’S COMPENSATION.

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 Exhibit “A” and the total compensation and costs payable to Consultant under this Agreement shall be increased to an amount not to exceed $29,650.00 for a total not-to-exceed amount of $543,590.00.

3. EXTENSION OF TERM.

Pursuant to Section 4 of the Agreement, the “Expiration Date” of the Agreement under Section 3.4 is hereby extended to June 30, 2025.

4. EFFECT OF AMENDMENTS.

ENCLOSURE 1
12a
Amendment No. 2 to Agreement No. 22-2138
DUDEK

Page 2 of 2 ends

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 full force and effect. If there is conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.

5. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the later of the two date set forth below on which the last of the parties, whether CITY or CONSULTANT, 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” “CONSULTANT”
CITY OF PICO RIVERA DUDEK.
______________________________ _________________________________ Steve Carmona, City Manager
Title: _____________________________
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ _________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney May 14, 2024
Estefany Franco
Community Development
City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 91006
Subject: Amendment No. 2, Comprehensive Zoning Code Update Dear Estefany Franco,
Dudek is pleased to provide the following scope of services for California Environmental Quality Act (CEQA) review and clearance for the Comprehensive Zoning Code Update (CZCU) project. Dudek understands City staff is concurrently revising necessary zoning changes for the CZCU project in the following zones, Community Commercial (C-C), Neighborhood Commercial (C-N), Residential Multiple-Family (R-M) zones, Mixed Used Overlay Zone and R-40 Overlay Zone and amending the General Plan for zone name consistency.

Amendment No. 2 – Scope of Services
PREPARATION OF ADDENDUM TO THE OCTOBER 2014 GENERAL PLAN EIR The Comprehensive Zoning Code Update is considered a “Project” under CEQA and will require environmental clearance. While changes to the Zoning Code will be consistent with the General Plan, Dudek will prepare an Addendum to the October 2014 General Plan EIR to document that minor changes and/or additions to the Zoning Code are necessary for consistency with the General Plan and that none of the conditions identified in CEQA Guidelines Section 15126 calling for the preparation of a Subsequent EIR or Mitigated Negative Declaration (MND) have occurred. It is not anticipated that the proposed changes would result in new significant impacts, substantial increases in previously identified significant impacts, or the requirement for new mitigation measures.

Therefore, an Addendum, rather than a Subsequent EIR, is appropriate. In accordance with CEQA Guidelines Section 15164(e), the Addendum will include a brief explanation of the decision not to prepare a Subsequent EIR or MND pursuant to Section 15162, and the explanation will be supported by substantial evidence. Dudek will utilize the CEQA Guidelines Appendix G to document that no new or different impacts other than those previously considered in the 2014 General Plan EIR will occur. The Addendum need not be circulated for public review, will be made available to decision makers, and may simply be attached to the adopted General Plan EIR.

EXHIBIT A
TO: ESTEFANY FRANCO
SUBJECT: AMENDMENT NO. 2 – COMPREHENSIVE ZONING CODE UPDATE MAY 2024 2
Task Deliverables
▪ This scope of work assumes one round of review, comment and revisions of the Addendum document.
▪ And that no new technical reports or studies would be required to support the findings within the Addendum.

TOTAL COST............................................................................................................................................................ $29,650 Table 1 outlines the above cost summary and schedule of charges for the task.

Table 1. Cost Summary
Employee

Nicole Cobleigh

Brandon WhalenCastellanos Total
Billing Rate $245 $145 _
Hours 50 120 170
Total $12,250 $17,400 $29,650

Should you have any questions, please feel free to contact me at [email protected] or (626) 204-9835.

Sincerely,
____________________________________
Janet Rodriguez
Urban Planner
AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK, AGREEMENT NO. 22-2138
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 22-2138 FOR
PROFESSIONAL SERVICES WITH DUDEK, ("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 DUDEK, ("CONSUL TANT").

RECITALS
A. CITY and CONSUL TANT (collectively referred to as the "PARTIES") have previously executed that certain Agreement No. 22-2138 Professional Services Agreement Between the City of Pico Rivera and Dudek, dated November 9, 2022 ("Agreement") relating to professional services in the City of Pico Rivera.

B. Pursuant to Sections 4 of the Agreement, the PARTIES desire to extend the Expiration Date of the Agreement until November 21, 2024.

C. Pursuant to Section 5.1 of the Agreement, the PARTIES desire to amend Sections 3 and 5.1 of the Agreement as set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION OF CONSULTANT'S SERVICES AND FEE SCHEDULE.

The "Scope of Services" included under Section 3.1 and Exhibit A of the Agreement shall hereby be replaced by the Consultant's May 24, 2023 Scope of Services attached hereto as Exhibit "A-1". The "Approved Fee Schedule" included under Section 3.2 and Exhibit B of the Agreement shall hereby be replaced by the Consultant's July 14, 2023, Fee Schedule attached hereto as Exhibit "B-1".

Exhibits A-1 and B-1 are hereby incorporated by reference into the Agreement.

2. MODIFICATION OF CONSULTANT'S COMPENSATION.

As consideration for the Services provided under Exhibit A-1, Consultant shall be · compensated in accordance with Approved Fee Schedule set forth in Exhibit "B1" and the total compensation and costs payable to Consultant under Section 5.1 of the Agreement shall be increased to an amount not-to-exceed Five Hundred Thirteen Thousand Nine Hundred and Forty Dollars ($513,940.00).

3. EXTENSION OF TERM.

Pursuant to Section 4 of the Agreement, the "Expiration Date" of the Agreement under Section 3.4 is hereby extend to November 21, 2024.

4. EFFECT OF AMENDMENTS.

Enclosure 2
12b
Amendment No. 1 to Agreement No. 22-2138
DUDEK

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5. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 1 shall be effective as of September 12, 2023.

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"

CITY OF PICO RIVERA
Steve Carmona, City Manager
Dated: --i~- l~>~--_2--'------1)---
ATTEST:
"CONSUL TANT"
DUDEK
Title: President & CEO

APPROVED AS TO FORM
AoldM Alvarez-Glasman, City Attorney
EXHIBIT "A-1"

SCOPE OF SERVICES DUDEK
City of Pico Rivera
Proposed Scope of Work for the Comprehensive Zoning Code Update (Amendment to Scope of Work for Citywide Objective Design Standards and Guidelines)
TASK 1: PROJECT MANAGEMENT AND COORDINATION
TASK 1.1 PROJECT MANAGEMENT AND COORDINATION
The Dudek project manager will schedule and facilitate ongoing virtual meetings as needed with task leads and City staff to review work conducted, plan for upcoming tasks and milestones, and ensure that the project remains on time and within budget and preparation of monthly invoices. Meeting frequency will be biweekly check-in meetings with City Staff until the completion of the project with (36) coordination meetings. Dudek assumes these meetings will be conducted virtually and will provide the City with Zoom video conferencing lines.

Task 1.1 Deliverables
• Up to a total of (36) 1-hour coordination meetings
• Monthly invoices per the specifications of the City
TASK 1.2 KICK OFF MEETING AND CITY TOUR
Dudek will schedule and conduct a project kickoff meeting within two (2) weeks of the notice to proceed. This meeting with be structured in two parts, with the first devoted to a kickoff meeting and the second devoted to a city tour. The kickoff meeting provides the project team a forum to share aspirations and establish relationships that will last through the life span of the project. This meeting will be structured with client staff and key project partners and will serve the following purposes:
• Confirm project expectations and goals
• Establish roles, responsibilities, and chain of communication protocols, and project team coordination strategy
• Discuss the scope of work, deliverables, schedule, and milestones, and grant funding reporting requirements, as relevant
• Review and learn about related studies and plans, including Pico Rivera's Housing Element 2021-2029
• Obtain available client-supplied data, maps, documents, and other related information • Establish collaboration tools for information sharing and document delivery • Discuss engagement goals and potential Working Group participants Proposal Title A-2
DUDEK
To gain additional insight related to community character and recent development projects, Dudek will also attend an in-person city tour of the city led by City Staff. The city tour will provide Dudek with the foundational background and context needed to prepare citywide objective design standards and guidelines for residential, mixed-use, commercial, and industrial uses that are reflective of the city's existing community and character.

Task 1.2 Deliverables
• One (1) combined in-person kickoff meeting and city tour held over the course of a day, led by City Staff and attended by select Dudek key personnel
TASK 2: EXPANDED REVIEW AND EVALUATION
TASK 2.1 CITY STAFF INTERVIEWS

2.1.1 City Staff Interviews Round 1
Dudek values the insight that City staff has to offer as those who are implementing the zoning code on a day-today basis. Therefore, Dudek will conduct interviews with key City staff from the Community and Development Department, Public Works Department, or other relevant departments to get a better understanding of the existing technical issues or interpretations from City staff; concerns, effectiveness, and usability of the existing design standards, guidelines, processes, and enforcement; and overall aspirations for the project. The feedback received from City staff during these open and informal interviews will be used to identify areas of opportunities, highest priorities for the project, and staff's overarching desires for the project. Dudek assumes that the City Staff interviews will be scheduled via Zoom. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will facilitate interviews and take notes.

Task 2.1.1 Deliverables
• Up to four (4) 30-minute City Staff interviews. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will facilitate interviews and take notes.

2.1.2 City Staff Interviews Round 2
Building off the staff interviews in Task 2.1.1 for the implementation of design standards and guidelines, Dudek will conduct a second round of two (2) 1-hour interviews with key City staff from the Community and Development Department, Public Works Department, or other relevant departments to identify additional issues, challenges, opportunities, and present best practices and approach for overall City zoning code. The feedback received from City staff during these open and informal interviews will be used to identify areas of opportunities and highest priorities that the zoning code update should address. Dudek assumes that the City Staff interviews will be scheduled via Zoom. The City will identify potential interviewees and be responsible for scheduling interviews. Dudek staff will provide interview questions prior to the interview meeting, facilitate interviews, and take notes. A summary of key interview takeaways to be incorporated into Expanded Code Diagnostic Analysis. --------------------------- ---------- Proposal Title A-3 DUDEK
Task 2.1.2 Deliverables
• (2) 1-hour interviews with key City staff with key findings and recommendations to be incorporated into the Expanded Code Diagnostic Analysis.

TASK 2.2 GENERAL PLAN CONSISTENCY REVIEW
Dudek will work closely with City staff to develop a comprehensive understanding of the existing regulatory framework for development in the City. Our team will conduct a thorough review of the General Plan to confirm consistency with goals and implementation policies, assess for conflicts/inconsistencies related to land use and intensities/densities, and identify locations for zone changes, consolidation of zones, application of existing base zones, or creation of new zones. The General Plan will also be reviewed for consistency with State law. The summary of General Plan Consistency Review be incorporated into Expanded Code Diagnostic Analysis.

Task 2.2 Deliverables
• Review of General Plan consistency with key findings and recommendations to be incorporated into the Expanded Code Diagnostic Analysis.

TASK 2.3 EXPANDED CODE DIAGNOSTIC ANALYSIS
Task 2.3.1 - Document Review
Dudek will work closely with City staff to develop a comprehensive understanding of the existing regulatory framework for development in the City. Our team will conduct a thorough review of all relevant documents and data. This will include an analysis of the data received from City staff as part of Task 1, along with any other relevant planning efforts currently underway by and within the city. In addition, the team will conduct an indepth technical review of the City's adopted policy documents, guidelines, standards and regulations, and procedures, as they relate to the existing design standards and guidelines that govern the development of single- and multiple-family residential, mixed-use, commercial, and industrial uses. The team will consider the objectivity of existing design standards and determine which standards are effective in implementing the City's vision for development and where revisions may be needed. Existing documents, guidelines, standards, and regulations that may be reviewed include the following:
• General Plan, Chapter 2 Core Values and Guiding Principles and Chapter 3 Land Use Element (2014) • 2021-2029 Housing Element
• 5-Year Strategic Plan, Strategic Priorities, Goals, and Strategies • Pico Rivera Urban Greening Plan
• Support goals for trees along commercial corridors, neighborhood streets, bike rack design, and Pico Rivera Street Design Toolbox
• Pico Rivera Municipal Code, Title 18, Zoning
• Chapter 18.42 PROPERTY DEVELOPMENT REGULATIONS
Proposal Title A-4
DUDEK
Building upon the insight and knowledge gained through the City tour and the City staff interviews from Task 1, as well as the findings of the review of relevant data, regulations, policies, and additional documentation, the team will synthesize this information in the form of a memorandum that will include a summary of key findings and recommendations. The recommendations will consider where revisions to adopted regulations may be needed, where opportunities for codifying informal requirements or guidelines may exist, and where new design standards that are clear, objective, in conformance with state law, and consistent across the City's policy documents, design guidelines, and development standards and regulations, including the City's General Plan are needed. The outcome of Task 2.3.1 will be a code diagnostic with findings from the evaluation and recommendations for the City to consider to improve the development review and permitting process.

Task 2.3.1 Deliverables
• Review of key documents with findings and recommendations to be incorporated into the Code Diagnostic Analysis
Task 2.3.2 - Current Project Review
Dudek understands that expedited processing can occur through multiple avenues and that both regulatory processes and internal procedures can affect the time associated with development permitting. While the time allocated to cities to review development permits may be regulated under state law (i.e., 60 days to act on an ADU application or 60 days to determine consistency for a proposal under SB 35), internal procedures or limited staffing may make such timeframes challenging. Dudek will review development permit data and project applications provided by City staff that are currently under review. Through this review, Dudek will evaluate development proposals to fully understand how existing development standards are presently being interpreted and applied during the permit review process. Based on the review of recent permit data, current project applications, and the understanding of internal permit review procedures gained during the City staff interviews in Task 1, Dudek will evaluate the existing development permit processes to determine which existing processes are furthering the City's goal of having clear and consistent project review and permitting procedures. The evaluation will consider existing processes through the lens of state legislative requirements to determine where existing regulatory processes may be in conflict with requirements under state law and will identify further areas for improvement and opportunities for increased clarity to increase certainty in the development review process and maximize efficiency for streamlined review or improved permitting processes. We understand that the City will be deploying an online permitting website in the near future; this will be taken into consideration as part of the evaluation. The outcome of Task 2.3.2 will be a code diagnostic with findings from the evaluation and recommendations for the City to consider to improve the development review and permitting process.

Task 2.3.2 Deliverables
• Review of current projects with findings and recommendations to be incorporated into the Code Diagnostic Analysis
Task 2.3.3 Expanded Code Diagnostic Analysis
Proposal Title A-5

D U DEK
The Dudek will expand on the design focused document review and current project review in Task 2.3.1 and Task

2.3.2 to assess the City zoning code, such as identifying and incorporating Zone Text Amendments, streamlining of Administration/Permit Procedures, updating Land Use Chart and definitions, assessing usability of all Development Standards (not just Design Standards), etc., and review for compliance with State law, including accessory dwelling units and density bonus.

Task 2.3.3 Deliverables
• (1) Draft and (1) Final Code Diagnostic with key findings and recommendations from the analysis of the City's existing city documents and residential, mixed-use, commercial, and industrial standards, regulations, and design standards and guidelines and current project review. • (1) Draft and (1) Final Expanded Code Diagnostic Analysis with key findings and recommendations.

TASK 2.4 ANNOTATED ZONING CODE OUTLINE
Dudek understands that a comprehensive code update and reorganization of the code may result in a reorientation period for City staff. Based on findings from the Expanded Code Diagnostic Analysis (Tasks 2.1 - 2.3) and the recommended approach, Dudek staff will create an annotated outline of the new Zoning Code with descriptions for each proposed chapter and section. Dudek will also create a before/after reference table to illustrate how content in the current code is organized into the new code.

Task 2.4 Deliverables
• (1) Draft and (1) Final Annotated Outline with before/after reference table.

TASK 3: USE REGULATIONS
TASK 3.1 USE REGULATIONS AND ZONE TEXT AMENDMENTS
Based on findings and initial recommended changes from Task 2.3 (Expanded Zoning Code Diagnostic Analysis), Dudek will update existing or create new land use categories; draft regulations by zone, noting zone permissions, approvals process required, e.g., CUP, etc.; and draft regulations for special use conditions, including specific Zone Text Amendments per City direction as follows:
• Massage Parlors, Research and create new ordinance.
• Car Washes, Research and create new ordinance.
• Auto Repair Shops, Research and create new ordinance. • Recycling Centers, Update existing ordinance.
• Animals/Poultry/Livestock, Update existing ordinance to modernize. Note: Focus on issues with animal confinement, health/safety, etc.
• Water Efficient Landscape, Update existing ordinance. Transfer from Title 13 to Title 18. Expand ordinance to address landscaping in the public realm.
• Shopping Carts, Research and create new ordinance.

Proposal Title A-6

D U DEK
• Shopping Center Maintenance, Research and create new ordinance. Note: Existing issues with small strip centers that do no maintain their property well, e.g., re-striping of parking, lighting, awnings, etc. • Drive-Thru's, Research and create new stand-alone ordinance or consider folding into Design Standards and Guidelines.
• Outdoor Dining, Research and create new ordinance.
• Parking & Loading, including parking lot outdoor lighting, Update existing ordinance.

City staff and Dudek team will coordinate timing for additional City-led Zone Text Amendment efforts to ensure proper timing and location of implementation.

Task 3.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASK 4: DEVELOPMENT STANDARDS & DESIGN GUIDELINES
TASK 4.1 DEVELOPMENT STANDARDS
Dudek will draft new objective development standards as necessary per zone for residential, commercial, mixeduse, and industrial uses, and consider possible revisions to core development standards, such as FAR/density, and parking, dependent on the approach established by the Expanded Code Diagnostic Analysis and consistent with the 2014 General Plan. As needed, new objective development standards will be informed by prototypical site testing (Task 4.2.2) and supplemented by graphics, diagrams, lists, and tables as necessary.

Task 4.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASK 4.2 DESIGN STANDARDS AND GUIDELINES

4.2.1 - Design Standards & Guidelines
Paired with the work in Task 4.1 (Development Standards), Dudek will draft new design standards and guidelines as necessary per zone. Our team will build upon the City's existing development and design standards to create a set of regulations that balance flexibility and predictability, creating a streamlined pathway for development that meets the needs of the City. Dudek will develop a set of enforceable regulations that will be measurable and verifiable for incorporation into the City's Zoning Code. These regulations will allow flexibility through the provision of measurable ranges and a menu of options within standards allowing flexibility to avoid monotonous and undesirable development. Standards developed through this process will be reinforced through a User's Guide that provides clear, legible graphics and additional reference materials to support the implementation of the standards and guidelines, as outlined in Task 8.3
Proposal Title A-7
DUDEK
The draft design standards and guidelines will incorporate objective standards for single-family, multifamily, mixed-use, commercial, and industrial uses, responding to the building styles and typologies that are common to the City. Draft standards will address the codification of formal and informal design standards related to site planning, such as building orientation and building massing and elements, such as setbacks and step-backs, building frontages, fa~ades, entrances, materials, landscaping and screening, fencing, signage, open space, and parking design, such as location, screening, and access, as well as EV charging station design. Diagrams and illustrations will accompany the design standards and guidelines to help communicate their intent and function.

In tandem with the objective development standards, Dudek assumes objective design standards and guidelines for applicable residential, commercial, mixed-use, and industrial use zones.

4.2.2 - Prototypical Site Testing
Having trained and practiced as architects, our urban designers and planners are adept at both utilizing and creating objective development standards and design guidelines. For this task, our team will test the usability and feasibility of appropriate building typologies per zone (e.g., townhouse, podium, wrap, etc.) for both the draft development standards and design standards and guidelines established in Task 4.1 and 4.2.1. Studies will focus on those fundamental development and design standards that have the potential to physically inhibit future development, such as building height maximums, setbacks and step-backs requirements, and provisions for parking and open space (Dudek assumes that any recommended changes to standards resulting from these studies will be consistent with the 2014 General Plan) Studies will be represented as conceptual-level site plans and/or 3D axonometric diagrams, paired with program breakdowns as necessary illustrating constraints to the achievable yield of units, floor area square footage, parking, and open space. In doing so, this task will reveal any regulatory barriers the draft development standards and design standards and guidelines may present to future development.

Task 4.2 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASKS· ADMINISTRATION AND ENFORCEMENT
TASK 5.1 ADMINISTRATION AND PROCEDURES
Dudek will update existing or establish new provisions for roles and responsibilities for all zoning actions, e.g., City Council, Planning Commission, Zoning Administrator, Director, etc. Dudek will also update existing or establish new provisions for administration and procedures for all zoning actions, such as permits, approvals, and appeals, from ministerial to discretionary, including lot mergers, conditional use permits, variances, and zone amendments. Dudek understands that there are no existing provisions for a Design Review process and will establish new provisions ensuring that a Design Review process for residential and mixed-use projects do not conflict with State law. Dudek will also establish new provisions for Developer Agreements.

Proposal Title A-8
DUDEK
Task 5.1 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASK 5.2 ENFORCEMENT
Dudek will update existing or establish new provisions, where necessary, for enforcement of the Zoning Code previsions and will update applicable references to Title 8 (Health and Safety) as needed.

Task 5.2 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASK 5.3 DEFINITIONS
Dudek will update existing or establish new definitions for terms and uses used, focusing on those not currently defined and those in need of modernization, e.g., live/work.

Task 5.3 Deliverables
• Work for this task to be incorporated into an Administrative Draft, Public Review Draft, and Final Draft of the new Zoning Code, while also addressing comments from the City and the public where appropriate.

TASK 6: ADMINISTRATIVE DRAFT AND STUDY SESSIONS
TASK 6.1 ADMINISTRATIVE DRAFT
Dudek will prepare an Administrative Draft of the new Zoning Code for City Staff, Working Group, and Planning Commission review based on work completed in Tasks 3 through 5, including graphics and tables, etc. To better manage/pace input received, Dudek recommends a phased approach to prepare the Administrative Draft in sections that coincide with the City Staff, Working Group, and Planning Commission Study Sessions listed in Task

6.2. At the conclusion of the Study Sessions, Dudek will prepare a complete and comprehensive Administrative Draft of the new Zoning Code for City Staff and Planning Commission review.

Task 6.1 Deliverables
• (1) Administrative Draft of the new Zoning Code for City Staff and Planning Commission review, with comments to be incorporated into Public Review Draft.

TASK 6.2 STUDY SESSIONS & WORKING GROUP

6.2.1 Study Session Rounds
Proposal Title A-9
DUDEK
To better manage/pace input received while drafting the Administrative Draft, Dudek will facilitate four (4) rounds of study sessions and focused meetings with City Staff, Working Group, Planning Commission, and City Council. The purpose of each of the Study Sessions is to provide each group with an update on the work completed to date and provide opportunities for input on the ongoing drafting of the Administrative Draft. Each round will consist of one (1) study session each with City staff, the Working Group, and Planning Commission, totaling up to four (4) City staff study sessions, up to four (4) Working Group study sessions, and up to four (4) Planning Commissions study sessions. Preliminary topics for each of the four (4) rounds of study sessions are listed below:

1. Introduction to Zoning Code Update, issues with existing Zoning Code, draft Zoning Code outline and summary of recommended changes by topic, chapter, and/or section

2. Zoning Map Updates and Use Regulations

3. Development Standards and Design Guidelines

4. Administration and Procedures, and User's Guide
For each round of study sessions, Dudek will develop and prepare a presentation summarizing the work completed to date based on the topics listed above. This presentation will first be used primarily for the City staff study session, and then revised (per City staff comments) and presented anew to the subsequent groups - Working Group, Planning Commission, and City Council - for additional input. Therefore, Dudek assumes one (1) round of City staff review and revisions to the presentation for each round of study sessions.

The last round of study sessions will culminate in one (1) study session with City Council to provide them a comprehensive summary of the work completed to date prior to the completion of the Administrative Draft.

Based on prior comments, Dudek will develop a draft and final presentation for the City Council study session and assist in preparing the necessary staff report for the City Council study session as needed.

Dudek assumes that City staff study sessions will be conducted virtually, while up to two (2) Senior Dudek staff will present in-person at the Planning Commission study sessions and City Council study sessions as needed.

Task 6.2.1 Deliverables
• Facilitatio'n of up to (9) total Study Sessions, including agendas, summary notes, draft and final presentations with comments incorporated as necessary.
• Assistance with City Council staff report as needed.

6.2.2 Working Group Start Up
LANI will work with City staff to create and establish a Working Group made up of residents, business and property owners, as well as design and development professionals living or working within the city. If desired, the Working Group can be expanded to include representatives from other existing or established community groups and community-based organizations (CBOs). The purpose of the Working Group is to meet regularly Proposal Title A-10
DUDEK
with Dudek and City staff to provide input and feedback throughout the project. Task 6.2.2 includes coordination time to establish the Working Group, including participant outreach, development of template materials, and general meeting content development.

Task 6.2.2 Deliverables
• Establishment of a Working Group
Task 6.2.3 Working Group Meetings Coordination
LANI will facilitate up to six (6) Working Group 1-hour sessions. The first meeting will be to provide a project overview and discuss roles and responsibilities, and review of the Outreach Plan. The second meeting will be held in tandem with the first outreach event. The remaining four (4) Working Group sessions will be held in tandem with the Study Sessions in Task 6.2.1.

We assume that City staff will provide direction on the feedback and comments provided by the Working Group should be incorporated into the Public Review Draft. Per City direction, we have assumed that Spanish speakers will NOT be available for the working group meetings, and Spanish translated materials will NOT be available.

Task 6.2.3 Deliverables
• Deliverables for the work for this task are described in Task 6.1 TASK 7: PUBLIC REVIEW DRAFT
TASK 7.1 PUBLIC REVIEW DRAFT
Building off the Administrative Draft and City staff and Planning Commission input, Dudek will then prepare a Public Review Draft of the new Zoning Code for public review. The Public Review Draft will be a comprehensive packaging of the work completed to date and will include graphics, illustrations, tables, and figures as needed.

Task 7.1 Deliverables
• (1) Public Review Draft for public review, with public comments to be incorporated into Final Draft.

TASK 8: FINAL DRAFT, USER'S GUIDE AND PUBLIC HEARINGS
TASK 8.1 FINAL DRAFT
Building off the Public Review Draft and public comments, Dudek will then prepare a Final Draft of the new Zoning Code for adoption.

Task 8.1. Deliverables
• (1) Final Draft for adoption.

Proposal Title A-11
DUDEK
TASK 8.2 USER'S GUIDE
The User's Guide will assist City staff and project applicants in understanding and using the new Zoning Code.

This portion of the User's Guide will introduce the concept of zoning and requirements for objectivity in development standards, provide a guide for the organization of the updated zoning code, and an overview of the approvals and implementation process, and a process checklist to aid both City staff and project applicants.

Additionally, the User's Guide will also house the design guidelines from Task 4.2, by providing a visual glossary to aid the public and development community in understand the importance and application of design in the built environment. The design guidelines will consist of graphics, photos, and illustrations to assist with visualization of design quality and will be further clarified through annotations and callouts that demonstrate the relationship between the standards and the graphics. The User's Guide will assist both City staff and project applicants in streamlining project review as it relates to the newly created Design Review process. The User's Guide will be published alongside Final Draft of the new Zoning Code.

Task 8.2 Deliverables
• Illustrated User's Guide in PDF format, incorporating (1) round of comments.

TASK 8.3 PUBLIC HEARINGS
Dudek will finalize and package the updated Zoning Code and all related and necessary documentation for public hearings and adoption. Dudek will prepare a draft presentation for one (1) Planning Commission and (1) City Council hearing for City review and prepare a final version following one (1) round of comments.

Dudek will assist in preparing the staff report for the Planning Commission and City Council hearings, as needed, for a total of up to two (2) staff reports, incorporating (1) round of comments each.

Dudek assumes in-person attendance by up to two (2) Senior Dudek staff at up to two (2) Planning Commission hearings and two (2) City Council hearings.

Task 8.3 Deliverables
• (1) Draft presentation and staff report and (1) final presentation and staff report for one (1) Planning Commission hearing.
• (1) Draft presentation and staff report and (1) final presentation and staff report for one (1) City Council hearing.

TASK 9: OUTREACH AND ENGAGEMENT
TASK 9 .1 PUBLIC OUTREACH PLAN & EVENTS

9.1.1 Outreach and Engagement Plan
Proposal Title A-12
DUDEK
Dudek will work with City staff to draft the Outreach and Engagement Plan and establish a comprehensive approach for the Zoning Code Update and Citywide Design Standards and Guidelines. The Outreach and Engagement Plan will clarify the intended goals and objectives of the outreach process and define the desired outcomes such as awareness, education, accessibility, feedback, and involvement as part of the initial project kick-off. Example topics and content to be included in the Outreach and Engagement Plan include:
• Overview of Activities and Events: Including a high-level overview of the outreach events with the broader community, as well as the more focused conversations with the Working Group. Per City direction, the format of the outreach events included in this scope of work will be determined in collaboration with the Working Group. Dudek will also collaborate with the consultant team leading the Historic Whittier Boulevard Specific Plan and Multimodal Plan effort to understand that project's outreach efforts and potentially find opportunities for synergies as we understand there is a robust engagement program. • Schedule: Based on the project timeline to ensure that outreach and community engagement activities and events occur in a timely manner and contribute to the momentum and enthusiasm for this project.
• Marketing: To publicize the project and each outreach event. We recommend utilizing the City's existing social media channels and website as a go-to hub for project information, updates, upcoming outreach events, and any deliverables or work products determined by the City as suitable for online dissemination. In addition to sharing updates on the City's website, we will work with LANI to create and share email blasts, printed flyers posted in business windows or at community destinations with the City and create notices/mailers as appropriate to the community. We can also activate the public realm with marketing materials through banners, sidewalk decals, even with a vacant storefront window display decal that can share up-to-date project information. We have found this "on the ground" tactic to be extremely successful in raising awareness and interest for a project. • Project Brand: Dudek we will work with City staff to establish a project brand and consistent graphic identity for the Zoning Code Update and Citywide Design Standards and Guidelines for all project and outreach collateral, to effectively engage stakeholders throughout the project. This will include a style guide for project-specific fonts, colors, layout formats, and messaging for digital as well as print media for all engagement activities and public facing materials.

The Outreach and Engagement Plan is intended to serve as a flexible and living document that can provide a roadmap for the outreach and engagement process, allowing for redirection or variations where needed.

Task 9.1.1 Deliverables
• One (1) Outreach and Engagement Plan with an overview of activities, a schedule, marketing, and a project branding and style guide
Task 9.1.2 Project Fact Sheets and Collateral
Proposal Title A-13
DUDEK
To encourage community members to learn about the project and engage with informational content in their own time, Dudek will develop a series of project fact sheets and collateral for integration on the City's website.

Dudek will work with City staff to prepare project fact sheets and collateral related to design standards and guidelines. Building off those documents, Dudek will update the project fact sheets and collateral to include information about the Zoning Code Update. Example fact sheets and collateral include (1) About the project, (2) What is the Zoning Code Update, and (3) Project timeline. Dudek assumes creation of all content and assumes that the City will integrate content within a landing page on the City's website.

Task 9.1.2 Deliverables
• (1) Fact Sheet and (1) Project FAQs for design standards and guidelines • (1) Fact Sheet and (1) Project FAQs for the comprehensive project, Zoning Code update Task 9.1.3 Outreach Events
Based on the Outreach and Engagement Plan developed in collaboration with City staff, Dudek will schedule, plan, and conduct at least two (2) and no more than three (3) public outreach events, as described in Task 9.2, to collect input from the broader community. We envision our outreach efforts phased across three rounds of input. The first round will focus on general education, information, and opportunities to collect input on issues, constraints, and opportunities in the built environment, the second round will be conducted at a mid-point in time to share progress on the drafting of the Zoning Code update, and a third round to be held in conjunction with the release of the Public Review draft.
• Event#1
During the first round of outreach, Dudek will facilitate one (1) public outreach event, ideally in conjunction with an existing outdoor community event to reach a wider audience. The format and design specifics of the event will be selected in collaboration with the City and the Working Group. The first event will be held after the research and review phase of the project has been completed and will be focused on understanding issues, opportunities, and goals for the project from the broader community so Dudek can obtain early feedback to inform the process. We will have Spanish speakers available at the event, along with English and Spanish translated materials. A combination of Dudek, LAN I, and City staff will staff the event. Materials will be interactive, colorful, and accessible to encourage greater participation and conversation. A mix of questions and feedback activities will be included to gather community input to shape the process.

We will launch a short online community survey in conjunction with the first event to share community members the opportunity to provide input on issues, opportunities, and goals for the project. Dudek will work with the City to determine the preferred online platform. The survey will be shared on all available City channels and be accessible via the landing page for the project within the City's website. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.

Proposal Title A-14
DUDEK
• Event#2
During the second round of outreach, Dudek will facilitate (1) public outreach event, ideally in conjunction with an existing outreach community event to reach a wider audience. The event will be held at a mid-point in time during the preparation of the Administrative Draft and will focus on informing the community about the Zoning Code update, providing them with an update on the work completed to date, and invite their input. We will have Spanish speakers available at the second event, along with English and Spanish translated materials. A combination of Dudek, LANI, and City staff will staff the event. We will also launch a short online community survey in conjunction during the second event as agreed upon with the City. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.

Task 9.1.3 Deliverables
• At least two (2) and no more than three (3) public outreach events coinciding with existing or planned community events (if possible). Dudek will develop outreach materials, including boards, and summaries, as well as provide necessary materials and supplies as relevant. Dudek will work with City staff to finalize locations, scheduling, planning and logistics for each event and staff each event with support from LANI and City staff. We will coordinate with City staff on logistics and marketing. We will have Spanish speakers available at each event, along with English and Spanish translated materials. • Draft and Final community surveys for the two (2) public outreach events. Dudek will work with the City to determine the preferred platform. If printed versions of the surveys are desired, Dudek assumes that the City will be responsible for printing and distribution.

TASK 9.2 ADDITIONAL PUBLIC OUTREACH EVENT
During the third round of outreach, Dudek will facilitate an additional (1) public outreach event, ideally in conjunction with an existing outreach community event to reach a wider audience. The event will be held in conjunction with the release of the Public Review Draft of the new Zoning Code and will focus on providing the community a comprehensive summary of the changes to the Zoning and inviting them to public comment. We will have Spanish speakers available at the second event, along with English and Spanish translated materials. A combination of Dudek, LANI, and City staff will staff the event.

Task 9.2 Deliverables
• Deliverables for the work for this task are described in Task 9.1.3.

END OF TASKS
Proposal Title A-15
14873 (Zoning Code Updat&)
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$11,18:1.10 $21,BSI.OO $809.00 $113,DUIO S38,122.S4
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Enclosure 3
12c

To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: BILLBOARD BANKING AGREEMENT WITH OUTFRONT

MEDIA, LLC
Recommendation:

1. Approve a Billboard Banking Agreement with Outfront Media, LLC and authorize the City Manager to execute the agreement in a form approved by the City Attorney.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

Outfront Media, Inc., one of the largest outdoor media companies, is requesting to enter into a Billboard Banking Agreement with the City of Pico Rivera. The scope is limited to the removal of an existing static billboard located in the City of Industry and a request to bank the removal of this sign as credit towards the future construction of a digital billboard in the City of Pico Rivera.

Discussion:

The purpose of the Banking Agreement is (1) to allow the timely removal of the static billboard; (2) to provide sufficient time to process a separate Development Agreement with the City of Pico Rivera; and (3) to allow the applicant to make an application for a digital billboard to replace the static billboard. The applicant faced unforeseen delays in finalizing lease terms with the landlord of 3900 Baybar Road and thus were not able to submit immediately for plan check purposes. With the Banking Agreement approved, the applicant will move forward with the plan check submittal process for a 14’ X 48’ (672 square feet) double sided digital billboard.

The proposed digital billboard (in Pico Rivera) will be located approximately 800 feet south of the existing static billboard (in the City of Industry). Per California Business 13 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

BILLBOARD BANKING AGREEMENT WITH OUTFRONT MEDIA, LLC

Page 2 of 2 ends

and Professions Code Section 5405 (d.1.b.): “no message center display may be placed within 1,000 feet of another message center display on the same side of the highway.” Staff has included a provision in the Banking Agreement where both parties acknowledge that Outfront Media must comply with all applicable state laws, the Pico Rivera Municipal Code, and payment of required fees. Furthermore, in no way does the Banking Agreement nullify the process and requirements of a Development Agreement and associated public benefits for the proposed digital billboard in Pico Rivera.

Conclusion:

Staff recommends that the City Council authorize the City Manager to enter into a Banking Agreement with Outfront Media, LLC.

Steve Carmona
SC:AB:JG:HH:ca
Enclosure: 1) Billboard Banking Agreement

BILLBOARD BANKING AGREEMENT BY AND BETWEEN THE CITY

OF PICO RIVERA, CALIFORNIA AND OUTFRONT MEDIA LLC

PREAMBLE
This Billboard Banking Agreement (“Agreement”) is by and between OUTFRONT Media, LLC, a Delaware limited liability company (“Advertiser”), and the City of Pico Rivera, California, a California Municipal Corporation with its primary business address at 6615 S. Passons Blvd., Pico Rivera, California 90660 (“City”). City and Advertiser may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” This Agreement shall commence on the “Effective Date,” which is the date that the final signatory executes the Agreement.

RECITALS
A. WHEREAS, Pico Rivera Municipal Code section 18.46.060, Note 47, subsection B permits digital billboards in designated areas only after a development agreement has been negotiated and executed between a developer and the City pursuant to Business & Professions Code section 5412;
B. WHEREAS, Advertiser possesses a leasehold interest in a portion of real property known as 3900 Baybar Road, in the City of Pico Rivera, in the County of Los Angeles. The Site is located on a larger property having Assessor’s Parcel Number 8125- 013-020 that is owned by CenterPoint Properties Trust, a Maryland real estate investment trust;
C. WHEREAS, Advertiser wishes to construct, within the City, and at some future date (“Proposed Sign”) containing a double-sided L.E.D. display at 3900 Baybar Road with a maximum height of approximately 65 feet;
D. WHEREAS, In accordance with Pico Rivera Municipal Code section

18.46.060, Note 47, subsection B and in compliance with Business & Professions Code section 5200 et seq, Advertiser must remove a billboard structure before constructing any new billboard;
E. WHEREAS, Advertiser has identified an existing double-sided static billboard that it presently owns and operates located on the property having Assessor’s Parcel Number 8125-013-020, located adjacent to the City boundary (the “Existing Billboard”), and Advertiser will remove the Existing Billboard and others as part of a Development Agreement, which qualifies as a relocation agreement under the Outdoor Advertising Act section 5443(b). Advertiser wishes to “bank” those sides towards the future construction of the Proposed Sign;
F. WHEREAS, removing the Existing Billboard as soon as possible would result in the greatest aesthetic benefit to the City, and this Agreement would result in the removal of at least one billboard on an expedited basis; and Enclosure 1
13a
2 G. WHEREAS, Advertiser believes it will seek City approval of its construction of the Proposed Sign, at some future date, before December 31, 2029.

Now therefore, in consideration of the mutual promises herein contained, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT PROVISIONS

1. The term of this Agreement shall begin on the effective date of this Agreement and terminate on December 31, 2029.

2. Advertiser and the City agree as follows:

Advertiser shall be allowed to “bank” credits for its removal of the Existing Billboard and billboard structure from Assessor’s Parcel Number 8125-013- 020, including the billboard’s facings, and these credits shall expire on December 31, 2029.
a. Advertiser shall remove the Existing Billboard at Assessor’s Parcel Number 8125-013-020 by December 31, 2024.
b. Advertiser shall, through the term of this Agreement, be authorized to utilize the banked sign credit associated with the removal of the Existing Billboard as valid and sufficient consideration in any future development agreement with or other entitlement from the City related to the Proposed Sign.

3. If Advertiser fails to remove the billboard structure described in this Agreement within the timeframes specified in this Agreement (the “Deadlines”), and such failure is due to a delay caused by a public agency with approval authority over the removal work that has withheld a permit for Advertiser to proceed with the removal work, then the Deadlines shall be tolled until such time as the public agency grants the permit required for the removal work to proceed. The Parties also agree that the Deadlines shall toll in the event there is a legal challenge to this Agreement or any approval for the removal work. The tolling period shall last until the date upon which any legal challenge is resolved.

Nothing in this Agreement shall operate to constrain the City’s discretion in considering any application by the Advertiser for the Proposed Sign and Advertiser acknowledges and assumes any and all risk in removing the Existing Billboard under this Agreement before the City has exercised its discretion in considering any application by the Advertiser for the Proposed Sign.

4. Except as necessary to allow for the “banking” of the billboard structure at Assessor’s Parcel Number 8125-013-020, as set forth in the Recitals and Section 2 of this Agreement, within the timeframes set forth in Sections 1 to 3 of this Agreement, the Parties expressly acknowledge and agree that this Agreement does not affect, and has 3 no bearing upon, Advertiser’s rights and responsibilities with respect to satisfaction of any provision of California State law or City code, including, but not limited to, zoning codes, building codes, permit requirements, public service announcements, and payment of fees. Advertiser must satisfy all other applicable requirements without reference to this Agreement.

5. This Agreement shall not be assigned or transferred without the prior written approval of City, though such approval shall not unreasonably be withheld.

6. This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

7. To the extent permitted by law, Advertiser agrees to protect, defend, hold harmless, and indemnify City, its City Council, commissions, officers, employees, volunteers, and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any claim arising therefrom, made by third parties for which City shall become liable arising from Advertiser’s negligence, reckless, or wrongful acts, errors, or omissions with respect to or in any way connected with this Agreement.

8. This Agreement may be amended only with the written consent of both Parties.

9. This Agreement represents the entire agreement between City and Advertiser with respect to the subject matter of this Agreement. No other understanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City.

10.In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

11.Advertiser agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

12.All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Pico Rivera
Attention: City Manager’s Office
6615 Passons Blvd
Pico Rivera, California 90660
With a copy to: Alvarez-Glasman & Colvin
4 Attn: Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Pkwy. North
Suite 400- West Tower
Industry, CA 91746
And to Advertiser addressed as follows:

Outfront Media Group, LLC
Attn: Collin Smith, Regional Vice President – Real Estate 1520 N. Cahuenga Blvd.

Los Angeles, CA 90028
With a copy to: Hanson Bridgett LLP
Attention: Sean Marciniak, Esq.
425 Market Street, 26th Floor
San Francisco, CA 94105

13.This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Los Angeles, or if appropriate, in the United States District Court, Central District of California, Pasadena, California.

14.Dispute Resolution.
a. Unless otherwise mutually agreed to by the Parties, any controversies between Advertiser and City regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
b. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Los Angeles County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
c. The costs of mediation shall be borne by the Parties equally, except as provided in Section 14(D) of this Agreement.
d. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the 5 Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contracts Code.

15.This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Advertiser certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Advertiser and that no person associated with Advertiser has any interest, direct or indirect, which could conflict with Advertiser’s faithful performance of this Agreement. Advertiser is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Advertiser will advise City if a conflict arises.

16.This Agreement is a fully integrated agreement and sets forth the entire understanding between the Parties with respect to the matters stated in this Agreement and supersedes any and all prior agreements or understandings between the Parties, whether oral or written.

17.In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

18.Interpretation and Construction:
a. The Parties represent and declare that, in executing this Agreement, they relied solely upon their own judgment, belief and knowledge, and that they have obtained the advice and recommendations of their own independently selected counsel concerning the nature, extent or duration of their rights and claims; and that they have not been influenced to any extent whatsoever in executing this Agreement by any representations or statements not expressly contained or referred to in this Agreement.
b. The preparation of this Agreement has been a joint effort of the Parties, and thus any term or provision contained herein may not be construed more strictly or liberally for or against any of the Parties.

19.This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

20.The Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties. Advertiser represents that Advertiser’s signatory to this Agreement is authorized by resolution, bylaws, constitution, or other authorization of Advertiser, which resolution, bylaw, constitution, or other authorization is currently in full force and effect, to execute this Agreement on Advertiser’s behalf. The City represents that this Agreement is authorized by local ordinance, regulation, policy, or other law, and that the City Manager is authorized to sign this Agreement on behalf of 6 the City, to execute amendments thereto, and to take any other action necessary to implement this Agreement.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF PICO RIVERA, CALIFORNIA
a General Law California Municipal Corporation

STEVE CARMONA
City Manager
6615 Passons Blvd
Pico Rivera, CA 90660
Telephone: (562) 801-4371
APPROVED AS TO FORM:

Dated: ________________________
ARNOLD M. ALVAREZ-GLASMAN
City Attorney
ATTEST:

CYNTHIA AYALA
City Clerk
7 OUTFRONT MEDIA LLC
a Delaware Corporation
Dated: _________________________
By:
(Signature of Person executing on behalf of
Advertiser)
Printed Name:

Title:

Address:

Email
Address:

Telephone: ( )
Fax: ( )
“ADVERTISER”
To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: PROFESSIONAL SERVICES AGREEMENT WITH

SHARED-USE MOBILITY CENTER FOR PROJECT

MANAGEMENT SUPPORT SERVICES FOR THE

ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE

CORRIDOR PROJECT
Recommendation:

1. Approve a Professional Services Agreement, in a form approved by the City Attorney to Shared-use Mobility Center to provide professional project management support, project coordination, community outreach, engagement, and communication services for the Rosemead/Lakewood Boulevard Complete Corridor Project, NonCIP No. 30059, for an amount not-to-exceed $109,540, and authorize the City Manager to execute the agreement.

Fiscal Impact:

The fiscal year (FY) 2023-24 Adopted Budget includes a Caltrans grant award in the amount of $585,334 in the Miscellaneous State Grant Fund (Account No. 699.70.7300- 54500-NonCIP.30059). The Caltrans grant will fully cover the expenses related to CivicWell’s agreement. No additional appropriations are required.

Background:

In 2020, the City of Pico Rivera (City) developed a community and economic recovery framework to proactively address major challenges introduced by the COVID-19 Pandemic such as the economic downturn, climate change, impacts from the Whittier Narrows Dam Safety Project, and multiple unfunded State and federal mandates.

After an in-depth analysis, community engagement, and guidance from the City Council, five (5) major corridors – the San Gabriel River, Rio Hondo, Historic Whittier Boulevard, Washington Boulevard, and Rosemead Boulevard – were prioritized based on the ability to strategically leverage local infrastructure investments with state and federal funding opportunities while advancing holistic community development and economic growth. To date, this strategic approach has proven to be effective. 14 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

PROFESSIONAL SERVICES AGREEMENT WITH SHARED-USE MOBILITY CENTER

FOR PROJECT MANAGEMENT SUPPORT SERVICES FOR THE

ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE CORRIDOR PROJECT

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The following table illustrates a subset of recent grants received along the identified corridors:

Project Funder Grant Amount
Rosemead Blvd. Median Beautification Project Caltrans $3,916,167 Rosemead Blvd. BRT Technical Assessment Metro $250,000
Washington Blvd. Bridge over the Rio Hondo
Project
Metro/Gateway CCOG $3,769,267
Historic Whittier Boulevard Multimodal Plan Caltrans $332,000 Whittier Blvd. Bike/Ped Connection to Pio Pico
State Historic Park
Rivers & Mountains
Conservancy
$244,100
Given the emphasis on revitalizing major corridors, staff developed a comprehensive vision for Rosemead Boulevard that aligns with other cities in the corridor as well as regional policies and transformative projects, such as the Metro E-Line Extension along Washington Boulevard. The concept for a unified, regional north-south bus rapid transit corridor arose from various Complete Streets plans and projects along Rosemead/Lakewood Boulevard that are generally related but largely planned independently city by city.

From a regional and sub-regional standpoint, in 2019, the Gateway Cities Council of Governments (GCCOG) developed a Complete Streets Master Plan from Pico Rivera to Long Beach that introduces active transportation facilities, including Class-IV protected bikeways along various segments of the corridor. Also, the San Gabriel Valley Council of Governments (SGVCOG), in partnership with LA Metro, completed the San Gabriel Valley Transit Feasibility Study, which identifies and proposes a new bus rapid transit line on Rosemead Boulevard from the Metro A-Line Sierra Madre/Villa Station in East Pasadena to Pico Rivera’s planned Metro E-Line station on Washington Boulevard.

Individual local cities throughout the corridor have also completed or are in the process of undertaking various Complete Streets projects within their respective segments of the corridor. For example:

The City of Temple City revitalized nearly 2-miles of Rosemead Boulevard by installing a Class-IV bikeway, landscaped bioswales and center medians (500 trees and 60,000 plants); public art; wider sidewalks with pedestrian and ADA safety features; new pedestrian street lighting; new street branding; street repaving and restriping; enhanced bus shelters; and bicycle facilities such as parking, fix-it stations, wayfinding signage, and intersection detection signals.

The City of South El Monte is undertaking the Reimaging Rosemead Blvd. planning study that will identify opportunities to enhance the corridor to better support residents and businesses, set the stage for the future development, enhance safety and create a lively and connected street for neighbors and visitors CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

PROFESSIONAL SERVICES AGREEMENT WITH SHARED-USE MOBILITY CENTER

FOR PROJECT MANAGEMENT SUPPORT SERVICES FOR THE

ROSEMEAD/LAKEWOOD BOULEVARD COMPLETE CORRIDOR PROJECT

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to stop, walk, bike, and shop. This street provides bus connections and access to Whittier Narrows Park, Rio Hondo Trail, and Lashbrook Park. The City is currently in negotiations with Caltrans to relinquish the roadway and commence advance design.

In the unincorporated area of Whittier Narrows, Los Angeles County recently reconfigured 2.6-miles of Rosemead Boulevard to accommodate new bicycle and pedestrian facilities that separate users from vehicular traffic; provides a continuous pedestrian network connecting Pico Rivera and South El Monte; wayfinding signage; enhanced transit facilities; improve access and connectivity to surrounding trail networks in the greater Whittier Narrows Recreation Area; and improve pedestrian and ADA safety at the on/off ramps to the SR-60 freeway.

The City of Downey is currently working with LA Metro to implement the Transit Bus Priority Light Synchronization Program to enhance bus ridership and reduce transit travel times. The project includes modifying the traffic signals within the corridor and connecting them to a cloud-based traffic command software system.

Metro and the Downey LINK have also equipped their bus fleets with GPS-based devices to determine the vehicle’s location and to communicate with local traffic signals granting, a green light priority to bus operations.

The City of Lakewood has environmentally cleared the Lakewood Boulevard Capacity Enhancement Project that proposes roadway and parkway improvements, including a Class I bike path, utility undergrounding, stormwater improvements, and streetscape improvements
As illustrated in each respective project above, the common goal is to convert the originally designated highway into a multimodal Complete Streets boulevard. The Rosemead/Lakewood Boulevard Complete Corridor Plan aims to build synergy and streamline ongoing efforts in the San Gabriel Valley and the Gateway Cities to plan and build a 28-mile multimodal corridor that incorporates, where feasible, high-quality active transportation facilities and dedicated bus guideways to improve regional mobility, improve safety for vulnerable road users, and stimulate transit-oriented community and economic development. As the linchpin city between the San Gabriel Valley and Gateway Cities sub-regions, Pico Rivera is spearheading efforts to facilitate the early planning stages until a better-equipped regional planning entity such as Metro, SCAG, a dedicated JPA, or the COG’s can undertake the project in full.

In 2023, the City worked closely with CivicWell, a 501(c)3 non-profit organization, to submit and successfully secure a grant from the Caltrans Sustainable Communities Grant Program. The Rosemead/Lakewood Boulevard Complete Corridor Plan will update the GCCOG’s Complete Streets Master Plan to incorporate enhanced transit infrastructure CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

PROFESSIONAL SERVICES AGREEMENT WITH SHARED-USE MOBILITY CENTER

FOR PROJECT MANAGEMENT SUPPORT SERVICES FOR THE

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where feasible while identifying opportunities for new urban and economic development along the corridor. This grant only funds planning efforts from Pico Rivera to Long Beach.

Discussion:

On August 31, 2023, Caltrans announced the Sustainable Transportation Planning Grant Program awards for FY 2023-24. A statewide total of 161 grant applications were received with requests totaling approximately $66.8 million for Sustainable Communities Competitive and Strategic Partnerships Grants. Of these applications, 90 were selected for grant awards, totaling approximately $41.6 million.

To advance State-level goals regarding strong community participation and to develop a community-oriented final product, the grant scoring criteria offered favorable points to city applicants that incorporate non-profit organizations as formal sub-applicants and official project partners. As a result, the City partnered with CivicWell as the official sub-applicant to provide project management services. On October 10, 2023, the City Council approved Resolution No. 7299, which memorialized the project itself, the management approach, and authorized the City Manager to execute a Restricted Grant Agreement with Caltrans. The final Grant Agreement was signed and executed on December 28, 2023.

CivicWell Partnership
From the inception of the Historic Whittier Boulevard (HWB) Revitalization Program, the City established a strong working partnership with CivicWell, a nonprofit organization dedicated to improving the built environment. CivicWell was instrumental in drafting, administering, and managing the Caltrans Sustainable Communities grant that the city successfully secured and used to deliver the HWB Multimodal Plan. As a sub-applicant to the grant proposal, the City Council approved Agreement No. 22-2091 with CivicWell on May 10, 2022, in the amount of $175,000 to support with project management, grant administration, and community outreach services for the HWB Program. Given their exceptional performance and reliability, the City entered into a second agreement with CivicWell on February 27, 2024, for Project Management Support Services for the Rosemead/Lakewood Boulevard Complete Corridor Project.

On May 31, 2024, CivicWell notified the City via written correspondence that the organization was no longer financially solvent and was forced to immediately downsize its staff and operations. As a result, CivicWell terminated the contract with the City and laid off the project manager who was assigned to the HWB Program and the Rosemead/Lakewood Boulevard Complete Corridor Program. Upon receiving the notification, the City met with Caltrans to notify them of the need to amend the existing grant agreement to remove CivicWell as a non-profit partner and replace them with the Shared Use Mobility Center (SUMC), a public-interest organization dedicated to achieving equitable, affordable, and environmentally sound mobility across the US through the CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

PROFESSIONAL SERVICES AGREEMENT WITH SHARED-USE MOBILITY CENTER

FOR PROJECT MANAGEMENT SUPPORT SERVICES FOR THE

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efficient sharing of transportation assets. On August 14, 2024, Caltrans issued a formal approval of the requested amendment and executed the revised grant agreement. The amendment also granted a two-month extension for the grant deliverable due to extenuating circumstances. The City of Pico Rivera thanks CivicWell for their extraordinary efforts and partnership throughout the development of the HWB Multimodal Plan and the early stages of the Rosemead/Lakewood Boulevard Complete Corridor Project.

Shared Use Mobility Center
The Shared-Use Mobility Center (SUMC) is a public-interest organization dedicated to promoting equitable, affordable, and environmentally sustainable mobility across the United States through the efficient sharing of transportation assets. By connecting the public and private sectors, piloting programs, conducting new research, and offering policy and technical expertise to cities and regions, SUMC aims to extend the benefits of shared mobility for all. SUMC's mission is to replace car-centric transportation with people-focused shared mobility to combat climate change, promote equity, and strengthen communities. Their unique ability to bring together diverse stakeholders and advance innovative solutions makes them particularly suited to deliver mobility and multimodal-centered projects like the Rosemead/Lakewood Complete Corridor Plan.

Given the regional nature of the project and staff’s limited capacity, SUMC will support with the following activities:
• Project coordination meetings
• Quarterly progress reports and invoicing
• Professional consultant procurement
• Data collection and corridor conditions assessment
• Stakeholder meetings and engagement (with support from the GCCOG) • Community outreach and engagement (with support from the GCCOG) • Project branding, materials, and collateral
• Plan development support and review
The Plan will be developed in partnership and subject to approval from the cities of Pico Rivera, Downey, Bellflower, Paramount, Lakewood, and Long Beach. The Plan will also be presented with hopes of approval from the GCCOG Transportation Committee and the GCCOG Governing Board. The full performance period for this grant is until April 2026.

Conclusion:

Staff recommends the award of a Professional Services Agreement to Shared Use Mobility Center to provide project management support, project coordination services, and outreach and engagement assistance for the Rosemead/Lakewood Boulevard CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024

PROFESSIONAL SERVICES AGREEMENT WITH SHARED-USE MOBILITY CENTER

FOR PROJECT MANAGEMENT SUPPORT SERVICES FOR THE

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Complete Corridor Project.

Steve Carmona
SC:AG:JH:smc
Enclosures: 1) Professional Services Agreement
2) Project Factsheet
3) Letter from CivicWell
4) Letter from SUMC
AGREEMENT NO. _______

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF PICO RIVERA AND

SHARED-USE MOBILITY CENTER (SUMC)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and Shared-Use Mobility Center, 501(c)3 non-profit, public interest organization, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 City has determined that it requires professional services from a consultant to provide professional project management and coordination support, and community outreach, engagement, and communication services for the Rosemead/Lakewood Boulevard Complete Corridor Project.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s proposed budget to City attached hereto as Exhibit “B.”

3.3 “Commencement Date”: September 10, 2024
“Expiration Date”: September 09, 2026

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

ENCLOSURE 1
14a

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5. CONSULTANT’S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of One Hundred and Nine Thousand Five Hundred and Forty Dollars ($109,540.00) unless specifically approved in advance, in writing, by City.

5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.

7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be

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qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Diana Voss-Gonzalez shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its

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officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant 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 Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

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15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

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15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants 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 City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or

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damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Two Million Dollars ($2,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of 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.

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.

16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an

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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.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant 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.

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

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16.12 If Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’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 (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City:

Steve Carmona, City Manager
City of Pico Rivera
6615 Passons Blvd.

If to Consultant:

Brian Holland, COO SHAREDUSE MOBILITY CENTER
360 East 2nd Street, Suite 800
Los Angeles, CA 90012

PROFESSIONAL SERVICES AGREEMENT
SHARED-USE MOBILITY CENTER – ROSEMEAD/LAKEWOOD BLVD PROJECT

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Pico Rivera, California 90660-1016
Email: [email protected]
With a copy to:

Email: [email protected]
With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph

17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant 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

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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 Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. 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.

25.2 In executing this Agreement, each Party 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.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has

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SHARED-USE MOBILITY CENTER – ROSEMEAD/LAKEWOOD BLVD PROJECT

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the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant 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 Consultant, 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. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to

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judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

31. COUNTERPARTS
This Agreement may be signed in any one 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 or email 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 or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.

Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

PROFESSIONAL SERVICES AGREEMENT
SHARED-USE MOBILITY CENTER – ROSEMEAD/LAKEWOOD BLVD PROJECT

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33. MANDATORY CALTRANS CONTRACT PROVISIONS
Consultant acknowledges that the funding associated with the Scope of Services under this Agreement requires compliance with the California Department of Transportation (“Caltrans”) Sustainable Communities Grant Restrict Grant Agreement (“RGA”). Consultant agrees that it will be responsible for ensuring that all required contractual requirements under the RGA, including but not limited to those listed under Exhibit C, which are attached hereto and incorporated here by reference. Should any conflict arise between the requirements of Exhibit C and this Agreement, the provisions of Exhibit C shall control to the minimum extent required to resolve such conflict.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY”

CITY OF PICO RIVERA
“CONSULTANT
” SHARED-USE

MOBILITY
CENTER
______________________________
Steve Carmona, City Manager
__________________________________
Brian Holland, COO
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney

PROFESSIONAL SERVICES AGREEMENT
SHARED-USE MOBILITY CENTER – ROSEMEAD/
LAKEWOOD BLVD PROJECT Page 15 of 17

EXHIBIT A

SCOPE OF SERVICES
Page | 1
City of Pico Rivera
Rosemead/Lakewood Boulevard
Complete Corridor Plan
(BRT + ATP + TOD)

SHARED-USE MOBILITY CENTER -
Scope of Work
Revised: 2/15/2024
The following scope of work outlines tasks culminating in the development of the Rosemead/Lakewood Boulevard Complete Corridor Plan (herein after referred to as the “RoseWood Corridor Plan”). Development of the RoseWood Corridor Plan is funded by a Caltrans Sustainable Communities Grant received by the City of Pico Rivera.

In partnership with the City of Pico Rivera (City), Project Management will be led by SHARED-USE MOBILITY CENTER and include direct implementation support with project partners, stakeholders and technical consultants selected to develop and evaluate alternatives and produce the plan. This project will result in a comprehensive study and conceptual plan for high-quality rapid transit with active transportation spanning the 16.7-mile stretch of Rosemead and Lakewood Boulevard from the City of Pico Rivera to the City of Long Beach.

In addition, this scope of work supports integration with concurrent region-wide projects, including planning for a 9.6-mile bus rapid transit line on Rosemead Blvd through the San Gabriel Valley from Pico Rivera to East Pasadena, and planning for east-west passenger rail lines such as Metro Foothill Gold Line, Eastside Gold Line, the West Santa Ana Branch, the Green Line, and a new commuter rail station along the LA-to-Anaheim commuter rail corridor.

All work and activities included in this scope of work are expected to be completed by February 2026, with the delivery of the Multimodal Streetscape Plan due no later than April 2026 per the Caltrans Restricted Grant Agreement.

Exhibit A
Page | 2
-------------------------------------------------------------------------------------------------------------------- Task 01: Project Administration
Project Management
SHARED-USE MOBILITY CENTER will assist the City with overall project management and procurement process for consultant selection. SHARED-USE MOBILITY CENTER will help the City assemble a few stakeholder and advisory groups and support the Gateway City Council of Governments with meeting agendas, content, facilitation, and documentation involved with multi-jurisdictional project input, guidance and review of plan documents, will organize community engagement events, develop publicity materials, and document public input. SHARED-USE MOBILITY CENTER staff will facilitate community engagement activities including inperson and virtual workshops, pop up events, stakeholder listening sessions and focus group meetings.

Project Meetings
SHARED-USE MOBILITY CENTER will coordinate monthly team project calls (City staff, consultant, GCCOG staff and others as needed) to plan and facilitate execution of all project activities.

Quarterly Progress Reports
SHARED-USE MOBILITY CENTER will support the City with the preparation of quarterly grant project reports to Caltrans District staff.

Quarterly Invoicing
STask 01 – Deliverables HARED-USE MOBILITY CENTER will support the City with the preparation of • Final Contract/Agreement between the City and SUMC
• Meeting agendas, notes & action items
• Quarterly progress reports
• Quarterly invoice packages
--------------------------------------------------------------------------------------------------------------------- Task 02: Consultant Procurement
The City, with assistance from SUMC, will procure a consultant with transit, active transportation and urban planning, design and engineering expertise. The RFP will follow the proper procurement procedures established by both Caltrans and the City for these projects. The RFP will be sent to the City’s list of pre-qualified firms for planning and Page | 3
engineering services that will be established through a competitive process. The City, with support from Shared-Use Mobility Center, will assemble a review panel to evaluate each proposal. In-person or videoconference interviews will be held with proposers if deemed necessary.

Once chosen, a contract will be executed for services with the selected consultant to collect data, conduct analysis, develop design concepts and recommendations, and produce the plan. Once a contract is in place, the City and Shared-Use Mobility Center will conduct a kickoff meeting and site visit with the project consultant.

Task 02 – Deliverables
• Copy of the Request for Proposals for Consultant
• Copy of the contract between the consultant and the City • Meeting notes from the project kick-off with City, consultant and Shared-Use Mobility Center --------------------------------------------------------------------------------------------------------------------- Task 1: Data Collection and Corridor Conditions
Assessment
This task will be led by the selected consultant with support and oversight by the City of Pico Rivera and Shared-Use Mobility Center, and available studies and planning data provided by stakeholders (Metro, SCAG, Caltrans, etc.) and jurisdictions (GCCOG, corridor municipalities, etc.).

Site Visits
Shared-Use Mobility Center will coordinate logistics with the City of Pico Rivera, consultant and project stakeholders to conduct a city-by-city field review of the corridor to observe and assess existing right of way, roadway, traffic control, pedestrian, bicycle and transit conditions and infrastructure, and adjacent land uses.

The site visits will take place in conjunction with meetings with city staff in each jurisdiction, enabling the project team and local agencies to tour assess portions of the boulevard together. Meetings with individual cities are described under Task 3 below.

Task 1 – Deliverables
• Inventory of collected data, materials and photos from site visit and review of existing plans and studies (consultant responsible for this deliverable with support from SUMC) • Base maps in digital and large print formats ((consultant responsible for this deliverable) • Technical report with maps and graphics summarizing existing and future conditions (consultant responsible for this deliverable) Page | 4
Task 2: Engagement with Jurisdictions and Agencies
The project will include a series of independent meetings with each jurisdiction as well as a series of meetings with the technical advisory committee established for the project and the GCCOG Policy Committee, and ad hoc meetings with individual councils and commissions.

Corridor Cities - Technical Advisory Committee
Shared-Use Mobility Center will provide agenda development, coordination and facilitation support for technical advisory committee meetings comprised of public works directors and city engineers from each city within the corridor. The TAC will will also include representatives from local and regional agencies such as Metro, SCAG, Caltrans, transit operators (i.e. Long Beach Transit, Montebello Bus Lines, etc.) The TAC will meet at least 6 times during the course of the project for coordinated interagency briefings, input, and feedback. Additional meetings may be held as needed. The first meeting will focus on project goals, relevant existing and proposed policies, plans, programs and initiatives, and potential funding sources for further vetting, design and implementation. The second will focus on the assessment of corridor conditions, trends, future directions, needs and opportunities. Subsequent meetings will focus on stakeholder and community input received (described under the next task), conceptual designs and recommendations, and preferred alternatives.

Meetings with Corridor Cities
Independent meetings will be held with key staff and officials from each of the six jurisdictions along the corridor. Shared-Use Mobility Center will schedule and attend all meetings. Participants will include representatives from planning and community development, transportation, engineering and public works, and local transit agencies (Long Beach Transit, Montebello Bus Lines, Bellflower Bus, etc.).

Two rounds of meetings are anticipated. The first round will take place in person in conjunction with the corridor assessment described under Task 1 to tour corridor segments, collect information about policy, planning and available technical data, and identify strengths, needs and opportunities as seen from the view of the respective municipalities. The second round will likely take place virtually to discuss proposed scenarios and concepts for transit enhancements and collect feedback.

Policymaker Engagement
At least 2 meetings of the GCCOG City Managers Policy Steering Committee, 2 meetings of the Transportation Committee, 2 meetings of full COG Board will be conducted during the duration of the project. GCCOG will host the meetings with agenda development, coordination and facilitation support from Shared-Use Mobility Center and technical presentations from
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members of the consultant team. An additional 2 meetings will be held with representatives from county, state, and federal legislative offices representing the corridor.

The first meeting with each group will focus on project goals and objectives, strategies for successful community outreach, and best methods for information sharing, review and feedback from elected bodies. Other meetings will focus on existing conditions, input from stakeholders, residents and City staff, and draft concepts and recommendations.

Informational materials and slide decks will be made available for attendees to share with their respective city councils, county supervisors, committees and commissions, and/or other decision-making and advisory bodies. Members of the consultant team will be available to attend council briefings as needed to respond to questions and receive input.

Task 2 – Deliverables
 TAC agendas, list of attendees, meeting materials and notes  Corridor city meeting agendas, list of attendees, meeting materials and notes  PC meeting agendas, list of attendees, meeting materials and notes --------------------------------------------------------------------------------------------------------------------- Task 3: Stakeholder and Community Engagement
Shared-Use Mobility Center, with support from the City of Pico Rivera and GCCOG, will identify key stakeholders, assemble a Stakeholder Advisory Group (SAG), develop an outreach and engagement strategy, and produce and distribute outreach materials. Activities to be completed are described below.

Communications and Engagement Plan
Shared-Use Mobility Center, with input from the City, GCCOG and consultant, will prepare a Community Engagement Plan to inform residents, businesses and other stakeholders about the project and upcoming community events throughout the project area. The plan will provide a coordination strategy between key players, project milestones and timeline for plan development. It will also outline coordination with other key planning activities and local community events. The plan will describe:
 Development and execution of a strong digital presence, including a project website to host all final project documents, calendar of events, social media feeds, surveys and sentiment analysis tools, videos, etc. Each city and other relevant agencies, stakeholders and community-based organizations will be asked to link Page | 6
their respective organization websites and social media feeds to the dedicated project website.
• A comprehensive list of stakeholders comprised of agency contacts, chamber, trade and business associations, and nonprofit and community-based organizations, such as Norwalk Unides, Happy City Coalition, Bike LA, Move LA, and Streets for All, that represent diverse interests key to the development of concepts and recommendations.
• The schedule and set of task descriptions for carrying out the community and stakeholder involvement activities with timing and milestones. • Means for direct engagement with low-income communities, communities of color and non-English speaking populations identified under Task 1 review of demographics, other qualitative and quantitative indicators and deployment of Shared-Use Mobility Center Diversity, Equity and Inclusion Litmus Test assessment methodology. Translation needs will be provided when needed and documented throughout the process.
• Establishment and role of the Stakeholder Advisory Group described below. • Development of a comprehensive outreach list and contact management strategy. • Specific ways that community input will be sought and integrated at various phases of the planning process, including at events in each city, such as farmers markets and street festivals.
• Pico Rivera Youth Ambassador Program involvement in outreach and planning activities.

Stakeholder Advisory Group
Shared-Use Mobility Center, in coordination with the City of Pico Rivera, GCCOG and consultant, will convene a Stakeholder Advisory Group (SAG) of approximately 20 - 30 participants from a cross-section of organizations, stakeholder and advocacy groups that work with or represent seniors and older adults, school districts, community colleges and universities, people with disabilities, service workers, affordable housing sector, bicyclists, environmental interests and others that rely on and benefit from transit and active transportation to meet their mobility needs and support environmental sustainability and economic resilience.

The SAG will meet quarterly throughout the duration of the project and development of the plan. The group will review and provide input on the communications and engagement plan, help determine strategies for engaging all segments of the corridor communities and maximizing participation at public events, as well as opportunities for coordination and synergy with other community initiatives and planning activities impacting the community. Meetings will also provide a venue for discussion of plan concepts and strategies for implementation.

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Focus Groups
Shared-Use Mobility Center, with input from the advisory group and close coordination with the selected consultant, will organize approximately 5 to 10 listening sessions to learn about mobility and transit needs across sectors and population segments. Participants may include, but not be limited to representatives from:
● Affordable housing agencies, managers and developers
● Spanish-speaking and other non-English speaking populations ● Large employers, chambers of commerce and business associations ● Retail, recreation, sports and entertainment destinations ● K-12 school district representatives
● Community college, vocational learning and university representatives ● Public health departments and social services agencies and non-profits ● Organizations that work with and represent seniors, veterans and people with disabilities
● Environmental justice and social equity advocacy groups ● Bicycling and active transportation organizations and advocacy groups Project Branding, Content and Dissemination
Shared-Use Mobility Center, working with the consultant, will lead production of materials in English, Spanish and others languages as necessary to inform all segments of the corridor communities about the planning process and how they can participate. Targeted efforts will be made to reach lower-income, underserved community members that have been historically overlooked, excluded or been reticent to participate in public planning processes. Specific tasks will include:
 Drawing from examples from other successful planning, outreach and engagement efforts, project branding will be identified using a consistent logo, story line and messaging to increase visibility, awareness, interest and participation.  Flyers and posters in English, Spanish and other languages as needed will be produced publicizing events for distribution. A “BRT and Complete Streets 101” informational factsheet, with examples and case studies will be prepared to include on the project website and in presentations, posters and boards.  Materials will be shared digitally, and through email, newsletters and social media sources. Advisory group members and select stakeholders will be asked to distribute flyers and information about the project and ways to participate through their networks and at standing meetings, festivals and other community events.

Opportunities will be identified to engage with stakeholders through print materials and word of mouth at places where residents go for other purposes such as coffee shops, recreational centers, civic, faith-based and cultural centers, and other Page | 8
gathering places. Community-based organizations will be solicited for promotion and direction on how to best reach and communicate with their constituents.  Announcements and press releases will be prepared and distributed to local and regional media and other outlets. Advisory group members will be consulted to identify social media platforms that residents use. Announcements, project information, presentations and plan documents will be posted on the City’s Virtual City Hall project website and GCCOG’s website, and events will be publicized on social media platforms and through newsletters.

Project Website
The project website initiated by Streets for All will be utilized to house all project information including, but not limited to a storyboard map, videos, messages and notifications, surveys, analysis, and reports. Shared-Use Mobility Center will maintain the website with content provided by cities and the consultant. The project website will be used to keep stakeholders and residents updated on the planning effort, to distribute notices about events, and to provide downloadable copies of draft and final documents. Links and content will be provided to corridor cities and other GCCOG member jurisdictions to post on their websites. All community presentations will be offered virtually, be recorded, and hosted on the project website.

Resident and Employee Surveys
Shared-Use Mobility Center will work with the consultant to develop electronic surveys that will be posted on the project website and/or circulated through other channels to residents, employees and small and large employers for data on person travel patterns, modes and needs. Special emphasis will be placed on collecting input from historically marginalized populations to inform solutions that increase access to affordable and healthy transit and transportation opportunities. Paper surveys will be available for completion or pick up at in-person events, city halls and other locations for those who do not have access to the internet or prefer to complete by hand.

Mobility Needs and Opportunities Forums and Pop-Up Engagement Shared-Use Mobility Center will lead planning and coordination with the consultant to conduct forums to engage and educate community members about bus rapid transit, complete streets, transit oriented development, and activities and conversations to learn about their mobility and transit needs and service models that best suit their communities. Shared-Use Mobility Center, with help from the advisory group and local co-hosts, will arrange facilities and food (in accord with grant guidelines for eligible snack and refreshment expenses), and other supporting promotional and celebratory activities for in person events..

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Two rounds of forums are planned to be held in three locations selected for convenience and accessibility to community members throughout the corridor for a total of six events.

Shared-Use Mobility Center, in coordination with the City of Pico Rivera, advisory group and consultant, will develop detailed agendas for the events and activities. The conceptual scope of events includes:
● First Round – Possibilities and Needs. Shared-Use Mobility Center and the consultant will present tools and strategies for complete streets, first and last miles to transit, zero emission enhanced transit and BRT service types and infrastructure, and transit oriented development. Small group map activities or stations will be included where participants will identify issues and mark up opportunity sites. Facilitated small group walking assessments of corridor sections may also be included where feasible.
● Second Round – Concepts and Recommendations. Shared-Use Mobility Center will review the stakeholder and community input to date, and the consultant will present the results of the corridor conditions assessment, concepts for BRT and initial recommendations for implementation. Breakouts and weighing activities will be used to gauge preferences and concerns.

These forums with be supplemented with pop up tables, booths, and/or surveys and information materials at one well-attended event in each city, such as famers markets and street festivals, that are identified in the communications and engagement plan with input from the advisory group. Shared-Use Mobility Center will organize and staff the events with participation from members of the consultant team as needed and other project stakeholder representatives.

On-line Survey of Proposed Concepts and Recommendations Recognizing that not all community members will be able to attend the workshops and to ensure broader public feedback and input, the proposed concepts will be posted on-line around the time of the public review period with a survey in English and Spanish allowing people to weigh in over the course of a few weeks with their preferences, concerns, comments and suggestions. The survey will be available in paper format for those who do not have internet access or prefer to complete by hand. Shared-Use Mobility Center will support the consultant with development of the survey and will publicize it to encourage participation.

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Task 3 – Deliverables
 Communication and Engagement Plan
 Advisory group participant lists and meeting notes
 Stakeholder focus group participant lists and notes
 Outreach, education, information and publicity materials  Content for project webpage
 Resident and employee surveys and results summary
 Forum agendas, PowerPoint Presentations, attendee lists and notes --------------------------------------------------------------------------------------------------------------------- Task 4: Plan Development
Building upon the corridor assessment and jurisdiction, stakeholder and community input described in the previous tasks, the consultant will develop components that will make up the final plan document. Shared-Use Mobility Center will produce and provide an engagement report to the consultant that summarizes the meetings, events and activities with stakeholders and community members and the input and feedback received for guidance on the preferred strategy.

Shared-Use Mobility Center will support management of the consultant throughout the development of the Rosewood Complete Corridor Plan on behalf of the City. This will include coordination and facilitation of consultant tasks and deliverables with:
 TAC, SAG, and GCCOG input;
 Publicity, communications, community outreach and engagement  Documentation of the public process and outcomes for inclusion in plans, future implementation and grant proposals
 Initial review of key draft deliverables, circulation for comment, collection of feedback for edits and revisions
 Review and feedback through the engagement activities with local governments, regional agencies, stakeholders and community members.

Shared-Use Mobility Center will support the consultant with input, coordination and review in the performance of their services:
 Data collection, analysis, and existing conditions reports  BRT and Complete Streets conceptual designs and feasibility analysis  Implementation strategy with phasing, cost estimates, steps for funding for full design and construction, and management framework to carry the project forward  Draft plan documents for administrative and technical review  Final plan documents, public, Council and GCCOG Reviews Page | 11
Task 4 – Deliverables
 BRT options, analysis and preferred concept with maps, graphics and illustrations  Implementation strategy with costs estimates, phasing, funding sources and proposed management plan
 Administrative and public review draft plan documents and comments received --------------------------------------------------------------------------------------------------------------------- Task 5: Final Plan Review and Approval
Shared-Use Mobility Center will assist the City and GCCOG with communication and updates regarding GCCOG Policy Committee and Board meetings to approve and adopt the final Rosewood Complete Corridor Plan.

Task Deliverables
 Agendas, staff reports and presentations
 Meeting minutes with Board approval
 Final Plan that includes a summary of next steps towards implementation, credits FHWA, FTA, and/or Caltrans on the cover or title page, submitted to Caltrans in an ADA accessible electronic copy.

PROFESSIONAL SERVICES AGREEMENT
SHARED-USE MOBILITY CENTER – ROSEMEAD/
LAKEWOOD BLVD PROJECT Page 16 of 17

EXHIBIT B

APPROVED FEE SCHEDULE
Grant Total: $585,334
SUMC Expenses SUMC Total Consultant
New
Breakdown
Grant
Breakdown
City
Match Project Total
01 $13,128 $13,128 $0 $13,128 $13,128
02 $10,000 $10,000 $0 $10,000 $16,360
1 $11,000 $11,000 $70,000 $81,000 $116,320
2 $18,000 $2,050 $20,050 $40,000 $60,050 $64,052
3 $36,024 $7,850 $43,874 $60,500 $104,374 $115,104
4 $7,000 $7,000 $285,294 $292,294 $239,532
5 $3,968 $520 $4,488 $20,000 $24,488 $20,838
$99,120 $10,420 $109,540 $475,794 $585,334 $585,334 $75,836 $661,170 $75,836
SUMC Budget
Stakeholder and Community Engagement
Plan Development
Final Plan Review and Approval
Totals
Task
Project Administration
Consultant Procurement
Data Collection and Corridor Conditions Assessment
Engagement with Jurisdictions and Agencies
Exhibit B

PROFESSIONAL SERVICES AGREEMENT
SHARED-USE MOBILITY CENTER – ROSEMEAD/
LAKEWOOD BLVD PROJECT Page 17 of 17

EXHIBIT C

MANDATORY CALTRANS CONTRACT PROVISIONS
ARTICLE I CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE II STATEMENT OF WORK
A. See Exhibit A

ARTICLE III PERFORMANCE PERIOD
A. See Section 3 of the Agreement

ARTICLE IV ALLOWABLE COSTS AND PAYMENTS
Option 4 below
(Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs. Use Exhibit 10-H1: Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

EXHIBIT C
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable.

Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase.

The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
(CITY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by CITY including the fixed fee shall not exceed $(Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
(Option 2 - For Cost per Unit of Work AGREEMENTs, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format).

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.

B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.

C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY approved overhead rate set forth in the approved Cost Proposal. In the event, CITY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by CITY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. (Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements [such as on-call Agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection. Use Exhibit 10-H2: Cost Proposal Format).

A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by CITY, CITY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a CITY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.

CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both CITY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. (City to include either (a) or (b) below; delete the other one) (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to CITY and signed by an authorized representative of CITY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by CITY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number.

Credits due CITY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
(NAME OF CITY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by CITY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders. (Option 4 - Use paragraphs A through E below for lump sum agreements. Use Exhibit 10-H1:

Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and CITY.

Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by CITY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the CITY. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
(CITY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by CITY shall not exceed $(Amount).

ARTICLE V TERMINATION
A. See Section 22 of the Agreement.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. In addition to right to terminate or suspend the AGREEMENT contained herein, if CONSULTANT fails to perform any of the obligations under this AGREEMENT, CITY may, in its sole discretion, require CONSULTANT to cure any deficiencies in its performance by providing a Notice of Cure in compliance with Section 20 of the AGREEMENT, specifying the applicable cure period to perform the requested cure items. If CONSULTANT does not provide such a cure prior to the expiration of the cure period, CONSULTANT shall be liable for the cost and expense incurred by CITY as a result of such default, including but not limited to the costs and expense associated with obtain a replacement CONSULTANT to complete the Statement of Work. This provision shall not be interpreted to limit any administrative or civil penalties, sanctions, or remedies CITY may have under the CITY’s municipal code or under any applicable laws.

ARTICLE VI COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE VIII AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Director of Finance.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Director of Finance of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE X CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are purchased from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is ________ %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:

Name and business address of each 1st-tier subconsultant  Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms.

DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XIV OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XV CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

ARTICLE XVI TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a CITY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the CITY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B-D
(Not Applicable)

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part

21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE XVII COMPLIANCE WITH LAWS
CONSULTANT agrees that it shall perform all duties and obligations under this AGREEMENT in compliance with all applicable laws including, but not limited to, all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) as applicable. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Rosemead/Lakewood Blvd.

Complete Corridor Project (ATP+BRT+TOD)
Project Summary Project Funding
Overview
A 28-mile, north-south mul�modal corridor
that accommodates high-quality ac�ve
transporta�on (ATP) facili�es, bus rapid transit
(BRT), and transit-oriented development
(TOD).

Planning &
Design
$8M – Northern segment – San Gabriel Valley
$12M – Southern segment – Gateway Ci�es
$20M – TOTAL
*Plan includes a flexible implementa�on strategy for ci�es.

Partners
Southern Segment: Ci�es of Pico Rivera,
Lakewood, Long Beach, Gateway Ci�es COG, &
LA Metro
Construc�on
Es�mate $200M - $300M – Full corridor
Benefits
• Regional mobility
• Ac�ve lifestyles & public health
• Safer streets & placemaking
• Environmental sustainability
• Economic growth
• Connec�vity & access to des�na�ons
Secured
Local
Funding
Pico Rivera $50,000 Feasibility Study
Metro $250,000 Technical Modeling
Caltrans $660,000 Vision Master Plan
Timeline
2024 – Planning + Early Design
2026 – Full Design + Environmental
2030 – Comple�on + Revenue Service
Target
Funding
Congressional Earmarks, USDOT – RAISE Grant,
SCAG, Caltrans, Metro & others
Immediate Goal
Secure $20M to master plan, fully design, and environmentally clear the en�re 28-mile corridor by the end of 2027.

Federal Strategy State Strategy
Coordinated Earmark Request: Work with corridor ci�es and stakeholders to submit a coordinated, regional funding
request to Senator Padilla & Senator Butler.

TOTAL REQUEST = up to $20M
1) Secure leters of support from corridor ci�es & representa�ves 2) Present project to Senate Transporta�on Commitee
3) Create a Select Commitee in the Assembly
GOAL: Leverage federal requests & address any funding gaps. ***The image is strictly for illustra�ve purposes and subject to changed based on input from corridor ci�es & communi�es.*** 28 miles North-South
ENCLOSURE 2
14b
We, the undersigned cities, agencies, and organizations support the Rosemead/Lakewood Boulevard Complete Corridor Project and the pursuit of funding for the planning stages of the project. *Letters furnished upon request.

Rosemead/Lakewood Blvd. Complete Corridor Project – Signature Page – As of February 2024 1 Linda T. Sanchez
US Representative
38th District, California
Susan Rubio
CA Senator
22th District
Bob Archuleta
CA Senator
30th District
Lena Gonzalez
CA Senator
33rd District
Lisa Calderon
CA Assembly Member
56th District
Anthony Rendon
CA Assembly Member
62nd District
Janice Hahn
Supervisor, District 4
Los Angeles County
Kome Ajise
Executive Director
So Cal Association of Govt’s
Nancy Pfeffer
Executive Director
Gateway Cities COG
Steve Carmona
City Manager
City of Pico Rivera
Thaddeus McCormack
City Manager
City of Lakewood
Tom Modica
City Manager
City of Long Beach
Jesus M. Gomez
City Manager
City of Norwalk
Lee Torres
Acting Public Work Director
City of El Monte
Gloria Olmos
Mayor
City of South El Monte
Chris Hanna
Executive Secretary
LA/OC Building &
Construction Trades Council

AFL-CIO
Jane Close Conoley
President
Cal State Long Beach
Kenneth A. McDonald
President & CEO
Long Beach Transit
Daniel Andrade
Executive Director
Pico Rivera Chamber of
Commerce
Michael Schneider
CEO
Streets for All
Marisa Garcia
Director of Activism
Move LA
Jesse Flores
Coordinator
Norwalk Unides
David Diaz, MPH
Executive Director
ActiveSGV
Eli Akira Kaufman
Ex. Director
Bike LA
Alex Contreras
Executive Director
Happy City Coalition
We, the undersigned cities, agencies, and organizations support the Rosemead/Lakewood Boulevard Complete Corridor Project and the pursuit of funding for the planning stages of the project. *Letters furnished upon request.

Rosemead/Lakewood Blvd. Complete Corridor Project – Signature Page – As of February 2024 2 Christy Zamani
Executive Director
Day One
520 Capitol Mall, Suite 440, Sacramento, CA 95814
Tel. 916.448.1198 Fax. 916.448.8246 civicwell.org
May 31, 2024
Steve Carmona, City Manager
Javier Hernandez, Director of Innovation and Communication City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA, 90660
RE: Contract Termination Notice/Transition for Caltrans Planning Grant support Dear Steve and Javier,
Due to unforeseeable organization capacity constraints, I regret to inform you that CivicWell will need to conclude the agreement with the City of Pico Rivera for the Rosemead/Lakewood Boulevard Complete Corridor Project.

CivicWell has had the privilege of partnering with the City since 2021 to provide grant writing, project management and outreach and engagement services for the Historic Whittier Boulevard Multimodal and Specific Plans. Funding for our role in the Rosemead/Lakewood Boulevard Complete Corridor Project was made possible as a co-applicant in the Caltrans Sustainable Communities Planning Grant awarded to the City, which we helped prepare.

To advance the continuity and success of the Rosemead/Lakewood Boulevard Complete Corridor Project, CivicWell conferred with the City and the Shared Use Mobility Center (SUMC) to transfer our role to SUMC, with whom we’ve had nearly a decade of partnership and collaboration, delivering outreach, project development and technical assistance for clean and shared mobility options in underserved communities throughout the region. SUMC is a nonprofit organization with offices in Los Angeles and Chicago with deep experience, expertise, skills, and qualifications for multimodal, transit and shared use mobility planning, research, outreach, education and equitable community and stakeholder engagement. We fully support transition of our scope, budget, and fee schedule to the Shared Use Mobility Center. In addition, we are pleased that our Community Design Program staff person who has been serving as the principal manager and point of contact for our work with Pico Rivera, will continue the legacy of our relationship and services as an employee with SUMC.

Accordingly, this letter serves as official notification of closure of the existing agreement between CivicWell and the City of Pico Rivera as of the date listed below. We will submit a final invoice within 30 days.

Project name: Rosemead/Lakewood Boulevard Complete Corridor Project Contract number: 24-2290
Original amount of contract: $110,000
Original contract end date: May 30, 2026
Termination date: June 28, 2024
14c
Enclosure 3
520 Capitol Mall, Suite 440, Sacramento, CA 95814
Tel. 916.448.1198 Fax. 916.448.8246 civicwell.org
We have deeply appreciated and valued our partnership with City leaders, staff, stakeholders, and the community to envision and implement transformative solutions. We look forward to your continued success and opportunities for future collaboration.

Please confirm receipt of this letter by responding to the email it was attached to. If you have any questions, please contact Program Director Josh Meyer at [email protected].

Sincerely,
Bernadette Austin
Chief Executive Officer
222 West Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654 360 East 2nd Street, Suite 800, Los Angeles, CA 90012
Javier Hernandez
City of Pico Rivera
6615 Passons Blvd.

Pico Rivera, CA 90660
June 4, 2024
RE: Contract transition for Caltrans Planning Grant support Dear Javier:

I’m writing to confirm our intent and ability to assume Civicwell’s contractual responsibilities to the City of Pico Rivera on the Rosewood project currently funded by Caltrans. As we discussed, Civicwell is undergoing a restructuring that will cause the organization to terminate its contract with the City. Our organization, Shared-Use Mobility Center (SUMC), can fulfill the scope of work described in the Caltrans grant agreement and the professional services agreement between Civicwell and the City. We have reviewed the terms and conditions of the contract and are able to comply with all therein. We are also pleased to be welcoming former Civicwell staffer Diana Voss-Gonzalez as a SUMC employee starting June 11th, and she will continue in her role as project lead and point of contact for the City to ensure seamless project continuity.

We look forward to working with the City and Caltrans on this exciting work. Please feel free to contact me with any questions.

Best regards,
Brian Holland
Chief Operating Officer
Shared-Use Mobility Center
Best regards,
Bi H ll d
14d
Enclosure 4
To: Mayor and City Council
From: City Manager
Meeting Date: September 10, 2024
Subject: VEHICLE REPLACEMENT – PURCHASE OF THREE (3)

VEHICLES FOR THE PUBLIC WORKS DEPARTMENT
Recommendation:

1. Ratify the purchase of three (3) vehicles in the aggregate amount of $213,169; and

2. Authorize the City Manager to execute all documents related to the purchase of the three (3) vehicles.

Fiscal Impact:

The fiscal year (FY) 2024-25 Adopted Budget under the Equipment Replacement Fund (Fund 170), Account No. 170.40.4033-57300 includes an available budget balance of approximately $254,000 for the purchase of three vehicles and equipment for the Public Works Department, Maintenance Division. The fully electric 2024 Ford F150 Lightning will be partially purchased using $34,600 in AQMD funding, from Account No. 200.40.4033-57300 and the remaining balance of $178,569 will be funded from the Equipment Replacement Fund. The total purchase price of the requested vehicles is $213,169. No additional appropriations are required at this time.

Discussion:

The three (3) vehicles proposed for replacement have been in operation between 16 and 24 years with mileages in excess of 93,000 miles. To keep the vehicles operable, extensive and frequent mechanical repairs are needed that exceed the value of the vehicle.

The following table shows the vehicle unit number, year, make and model of the vehicle to be replaced, current vehicle mileage, proposed vehicle replacement, and quoted price. 15 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 10, 2024 VEHICLE REPLACEMENT- PURCHASE OF THREE (3) VEHICLES FOR THE PUBLIC

WORKS DEPARTMENT

Page 2 of 2 ends

Pico Rivera City CouncilSeptember 10, 2024

Pico Rivera City Council
September 10, 2024