The existing franchise is set to expire on August 7, 2025, 25 years from the date of adoption of Ordinance No. 949.
Discussion:
On August 12, 2024, Crimson California Pipeline, L.P. submitted a request to renew the terms of Franchise Ordinance No. 949 to continue operation of approximately 580 feet of existing 4-inch and 6-inch crude oil pipelines. These facilities include:
• 400 linear feet of 6-inch pipeline along Beverly Road near the Rio Hondo River
• 80 linear feet of 4-inch pipeline in Beverly Road near the San Gabriel River • 100 linear feet of 4-inch pipeline in Beverly Road, east of the San Gabriel River
Under Division 3, Chapter 2 of the California Public Utilities Code (PUC), municipalities are authorized to grant franchises for the transmission of oil and petroleum products under public streets. Per PUC Section 6232 et seq., the franchise process requires a two-step procedure:
1. Approval of a resolution stating the City’s intent to grant the franchise, setting a date, time, and location for a public hearing.
2. Publication of a hearing notice in a newspaper of general circulation within 15 days of resolution approval.
The public hearing must occur no sooner than 20 days and no later than 60 days after the resolution is passed. At the hearing, the City Council will consider public objections.
PUC Section 6234 allows interested parties to submit written protests, which must be signed and submitted to the City Clerk by the time of the hearing. If no valid protests are received, or if any submitted are found insufficient or are overruled, the City Council may proceed with adoption of the franchise ordinance.
Because this is a franchise renewal for an existing oil pipeline, it is not subject to Division 3, Chapters 1 and 2 of the PUC. Instead, Section 4.04.020 of the Pico Rivera Municipal Code governs the process, requiring a public hearing for renewal.
The pipeline has operated safely and without incident for many years. Crimson California Pipeline, L.P. has agreed to comply with relevant provisions of the City’s Municipal Code, Title 4, including:
• § 4.12.020 – A $1,400 granting fee is due within 30 days of ordinance adoption for pipelines one-fourth mile or less that extend or renew an existing franchise.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
CRIMSON CALIFORNIA PIPELINE – FRANCHISE RENEWAL SETTING PUBLIC
HEARING DATE
• § 4.12.050 – An annual fee of $0.33 per linear foot applies to pipelines 8 inches or less in nominal internal diameter.
Conclusion:
All necessary documentation has been prepared and reviewed by the City Attorney.
Staff recommend approval of a resolution initiating the renewal of the Crimson California, L.P. pipeline franchise by setting May 27, 2025, as the date for the public hearing for the first reading of the renewal ordinance, and to direct the City Clerk to publish the Notice of Public Hearing at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation.
Steve Carmona
SC:NN:GE:np
Enclosure(s): 1) Resolution
2) Franchise Ordinance No. 949
3) Approved Transfer of Franchise to Crimson California 4) Application to Renew Franchise
5) Notice of Public Hearing
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,
CALIFORNIA, INITIATING THE RENEWAL OF THE CRIMSON
CALIFORNIA PIPELINE FRANCHISE AND SETTING A DATE FOR THE
PUBLIC HEARING
WHEREAS, on August 7, 2000, the City Council adopted Ordinance No. 949, granting Tosco Corporation a franchise to install and operate pipelines and related infrastructure for the transmission and distribution of oil and petroleum products beneath and along City streets, which franchise was later transferred to Crimson California, L.P. on November 5, 2008; and
WHEREAS, the existing franchise granted to Crimson California, L.P. for the operation of approximately 580 feet of 4-inch and 6-inch crude oil pipelines along City streets is set to expire on August 7, 2025; and
WHEREAS, on August 12, 2024, Crimson California Pipeline, L.P. submitted a request to renew the terms of Franchise Ordinance No. 949, in order to continue operation of the existing pipeline infrastructure, as detailed in the request; and WHEREAS, pursuant to Division 3, Chapter 2 of the California Public Utilities Code (PUC), the City of Pico Rivera is authorized to grant franchises for the transmission of oil and petroleum products under public streets; and
WHEREAS, Section 4.04.020 of the Pico Rivera Municipal Code governs the process for the renewal of an existing oil pipeline franchise and requires a public hearing to be held as part of the renewal process; and
WHEREAS, the City Council desires to initiate the renewal of the Crimson California Pipeline franchise and set a date for the public hearing in accordance with applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. Initiation of Franchise Renewal: The City Council hereby initiates the renewal of the Crimson California Pipeline franchise by setting May 27, 2025, as the date for the public hearing for the first reading of the renewal ordinance. This date is within the required 20 to 60-day period following the passage of this resolution.
SECTION 2. Notice of Public Hearing: The City Clerk is hereby directed to publish the notice of public hearing at least once within fifteen (15) days following the passage of this Resolution in a newspaper of general circulation within the City.
SECTION 3. Fiscal Impact: The approval of the proposed pipeline franchise renewal will result in the continuation of annual franchise fee contributions to the City's general fund Enclosure 1
6a
RESOLUTION NO. ____
in the amount of approximately $191.40 annually, with CPI adjustments, in addition to a onetime renewal fee of $1,400.00.
SECTION 4. Compliance with Municipal Code: Crimson California Pipeline, L.P. has agreed to comply with the provisions of Title 4 of the City’s Municipal Code, including the payment of the $1,400 granting fee and the annual fee of $0.33 per linear foot for pipelines that are 8 inches or less in diameter.
SECTION 5. Publication and Protest Process: The public hearing shall be conducted in accordance with the procedures set forth in the California Public Utilities Code and the Pico Rivera Municipal Code, and any interested parties may submit written protests to the City Clerk prior to the public hearing.
SECTION 6. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 22nd day of April 2025.
____________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
Enclosure 2
6b
Enclosure 3
6c
Crimson
California Pipeline, L.P. a division of Crimson Midstream, LLC August 12, 2024
Attn: City Manager
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
RE: Franchise Ordinance No. 949
Crimson California Pipeline, L.P., a California limited partnership would like to formally apply to renew the terms and conditions of the enclosed Franchise Ordinance No. 949 which is set to expire in 2024.
Should you require further information, please do not hesitate to call the undersigned at (562) 822-5656.
Kind Regards,
Jeffrey Kohn
Land and Right of Way Manager
1900 Main Street, Suite 600
Irvine, CA 92614
Enclosure 4
6d
Charlflf R fuenws
City Manager
City of Pico Rivera
OFFICE OF THE CITY MANAGER
661 S Pas$Ons Boulevard • Pico Ri~ra, Callfomia 90660
(!i02i 801y4!68
web: www.pJ~era.org • e-mdll: p~mffpico•rlvtto.org
November 5, 2008
The Paragon Partners, Ltd.
5762 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649
Attention: James Fish, Senior Rjght-of-Way Agent
Oty<:ouncil
Ronald M.Beilke
~,
Gracie Gallegos--Srnith
Mayur Pm~
Bob J, ArchuJeta
Counclltnflllbllr
DavldW.Affflel\la
Coun~u
G,egory Sfllcldo
O!Undfmember
SUBJECT: CITY OF PICO RIVERA PIPELINE FRANCHJSE- CONSENT LEITER Dear Mr. Fish:
This letter serves as the City of Pico Rivera?s (tb.e .. City'') cansent to tb.e assignment of the City of Pico Rivera.Pipeline Franchise, Ordinance No. 949 granted Janu!lty 22, 2000 (tb.e "Franchise'~) frotn ConocoPhillips Pipeline Company to Crimson CalifomiaPipeline, L.P. of certain crude oil pipelines located across and wderthe public streets of the City.
The original :franchise rights were granted by the City to Tosco Corporation and which were subsequently acquired by ConocoPhillips Pipeline Company l>y way of merger wi~ Tosco Corporation. This consent is hereby given to the requ,ester in accordw.ce with Pico Rivera Municipal Code Section 4.08.11 0.
If yon have any questions, please contact A1 Cablay, Interi.mDixector of Public Works at (562) 801-4421.
Sincerely,
Charles P. Fuentes
City Manager
CPF:ARC:lg
··-1
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ORDINANCE NO. 949
INTRODUCED 7~17-2000
ADOPTED 8-7-2000
gg,D'f
f
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA GRANTING TO TOSCO. REFINING COMPANY, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE PIPES . AND APPURTENANCES FOR TRANS1\111TING AND DISTRIBUTING OIL, ,OR PRODUCTS THEREOF, FOR ANY AND ALL PURPOSES IN, UNDER,
ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS
AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST,
WITHIN THE CITY OF PICO RIVERA.
WHEREAS, Union Oil Company of California obtained a pipeline franchise from the City of Pico Rivera on December 23, 1974;
WHEREAS, subsequent to the granting of the aforementioned franchise, Tosco Corporation purchased said pipeline from Union Oil Company of California; WHEREAS, the aforementioned pipeline franchise expired on January 21, 2000 and Tosco Corporation has made application for the renewal of said pipeline franchise; and WHEREAS, pmsuant to Resolution No. 4715, this City Council at a regular Council meeting held on J\llle 19, 2000, declared its intention to grant said franchise to Tosco Corporation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PICO RIVERA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Whenever in this Ordinance the words or phrases defmed in this section are used, they shall have the meanings assigned to them in the following definitions:
A "City" shall mean the City of Pico Rivera, a municipal corporation of the State of California, in its present incorporated form. or in any later reorganized, consolidated, enlarged or reincorporated form.
B. "Director" shall mean the Director of Public Works of the City.
C. "Franchise" shall mean and include the authorization by the City to transmit and distribute oil or products thereof for any and all purposes under, along, across or upon the public streets, ways, alleys and places ID the City PY means of pipes and appu1tenances.
D.
E.
"Grantee" shall mean Tosco Refining Company, a corporation organized and existing under and by virtue of the laws of the State ofNevada, and its lawful successors or assigns. "'Lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.
ORDINANCE NO. 949
Pagel
F. "Oil or products thereof' shall mean oil. gas, gasoline, petroleum, wet gas, hydrocarbon substances. water, waste water, mud, steam and other liquid substances not more hazardous than the aforesaid substances.
G. "Pipes and appurtenances~' shall mean pipes, pipelines, manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines, including conduits, cathodic protection devices, wires, cables, other appurtenances and fiber optic communications systems necessary or convenient for the exercise of the Grantee1s business in, upon. along, across, under or over those streets of the City which are described in Exhibit "A" attached hereto.
H. "Streets" shall mean the public streets, ways, alleys and places within the City as the same now or may hereafter exist, and in which the City has the authority to grant a franchise.
SECTION 2.
A. The right, privilege and franchise, subject to all of the terms and conditions contained in this ordinance and pursuant to the provisions of Division 3, Chapter 2 of the California Public Utilities Code, lmown as the Franchise Act of 1937, is hereby granted to Grantee, to use, or to lay and use pipes and appurtenances for transmitting and distributing oil or products thereof for any and all purposes, under, along, across or upon the public streets witltin the • City.
B. This Ordinance succeeds Ordinance No. 531 and shall become effective on Janumy 22, 2000.
C. This franchise shall be for a tenn of twenty five (25) years from and after the effective date of this Ordinance, or until such earlier time that:
(l) it is voluntarily surrendered or abandoned by the Grantee; or (2) the State of California or some municipal or public corporation thereunto duly authorized by law shall pmchase by voluntary agreement, or shall condemn and take under the power of eminent 90,main, all property actually used and useful in the exercise of this franchi~e, and situated within the territorial limits of the public entity purchasing or condemiiing such property; or
(3) this franchise is forfeited for noncompliance by the Grantee with its terms and • 1 provisions.
• 1
ORDINANCE NO. 949
Pagel
SECTION 3. Grantee shall pay to the City of Pico Rivera the following amounts:
A. ,Grantor's Fee
B.
C.
A Grantor's fee of one thousand four hundred dollars within thirty days after the City Council adopts the ordinance granting the franchise, to reimburse the Grantor for any expense it may incur in connection with consideration of Grantee's application or the granting or operation of this franchise, and as provided for in Subsection B .• Section
4.12.020 (Granting and renewal fees), Chapter 4.12 (Fees and Payments), Division II (Pipeline Franchises), Title 4 (Franchises) of the Pico Rivera Municipal Code.
Annual payment - Generally.
In addition to the Base Annual Fee described in Section C., the franc_hisee, as further consideration for the franchise hereby granted, shall pay to the City in lawful money of the United States, two percent of the gross annual receipts of the :franchisee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the franchisee derived :froll_l the sale within the franchise area of the commodity or service for which the franchise is awarded. Such percentage shall be paid annually during the life of the :franchise, including the year of granting the franchise.
Base Annual Fee.
A base annual fee in the following amount which shall be subject to adjustment in accordance with paragraph E of this Section 2:
-L Pipe of eight inches or less in nominal internal diameter: The annual fee shall be thirty three cents per linear foot;
2. Pipe greater than eight inches in nominal diameter: The annual fee shall be thirty ~ee cents per linear fp9t for the first eight inches of nominal internal diameter, plus six cents per nominal internal diameter inch for each inch or :fraction thereof over .eight inches:
Said base annual fee shall be due and payable annually; during the te1m of the franchise, within fifteen (15) days after the filing of the report required by subsection A of Section
4.28.040 (Facilities~Reports required). Chapter 4.28 (Oil Pipelines), Division II (Pipeline Franchises), Title 4 (Franchises) of the·•Pico Rivera Municipal Code and set forth in paragraph E of this Section 2. A penalty at the rate of ten percent ( 10%) per month or fraction thereof beyond thirty (30) days after the payment due date shall be charged as additional consideration.
ORDINANCE NO. 949
··) Page 4 . ~
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D. Initial Construction Charge.
Within sixty days after the end of each calendar year, in addition to the foregoing granting and renewal fees: An initial construction charge calculated at a rate of two hundred seven1y five dollars per mile or fraction thereof for all new mains laid during the preceding year, during the life of the franchise, pursuant to Subsection A., Section 4.12:030 (Initial charges - Underground conduit fees), Chapter 4.12 (Fees and Payments), Division II (Pipeline Franchises),Title 4 (Franchises) of the Pico Rivera Municipal Code.
E. Adjustments.
The amount of each annual payment of the base annual fee shall be revised every year from the effective date of the ordinance granting the franchise, at the time of payment, m accordance with the following formula:
1. The Producer Price Index (June 1982 -100) - Commodities, established by the United States Bureau of Labor Statistics, as it stands on the date the :franchise is granted, shall be taken as the "base index" upon which the franchise fee is computed.
2. IT said index for the last calendar month ending prior to the month in which payment • to the City is due shall stand at other than such ''base index," then the rate of payment to the City shall vaiy from such "base annual fee" in direct proportion as such index has increased from the "base index," as hereinabove defined; provided, however, that inno event shall be amount of the annual payment be less than the "base annual fee" as set forth in this section.
3. If the Bureau of Labor Statistics shall revise the said index, the parties thereto sl1all accept the method of revision or conversion recommended by the Bureau.
4. ff the Bureau of Labor Statistics shall discontinue the preparation of the said index, using prices prevailing in the year 1982 as a base of 100, and if no transposition table prepared by the Bmeau is ava,ilal,le, applicable to the year of 1982, then the amount of each annual payment--shall be computed by reference to such other price index as may be chosen by the Eity and the City shall be the sole judge of comparability of successive indices
5. The "base annual fee" described herein shall be paid annually during the life of the franchise, including the year of granting the franchise.
ORDINANCE NO. 949
.,., PageS ~
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F. Reports Required.
G.
The Grantee shall file with the City finance director, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise and within three months after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the Grantee or by the oath of a duly authorized representative of the franchisee, showing for the immediately preceding franchise period:
1. The length of lines in highways, .
2. The nominal internal diameter of such lines,
3. The rate per foot per year, and
4. The total amount due the City.
Late Payment Fee.
In the event the Grantee fails to make the payments for the franchise, or the payments due under subsections A, B, C or D in this Section 2, on or before the dates due, as hereinabove provided, the franchisee shall pay as an additional consideration the following amount: A sum of money equal to ten percent of the amount due.
SECTION 4. This franchise is granted in lieu of all other franchises for pipelines held by the Grantee, or by any successor of the Grantee, for transmitting and distributing oil or products thereof within the limits of the City, as such limits now or may hereafter exist. The acceptance of this franchise shall operate as an abandonment of all such franchises within the limits of the City, as such limits now or may hereafter exist, in lieu of which this franchise is granted, and as an agreement to comply with all terms and conditions hereof.
SECTION S. The franchise granted hereunder shall not in any manner or to any extent grant, impair or affect any right of the City to acquire the property of the Grantee, either by purchase or through the exercise of the right of eminent domain, subject to Grantee's rights, remedies and defenses thereto, and nothing herein contained shall be construed to contract away, or to modify or to abridge, either for a term or in perpetuity1 the City's right of eminent domain in respect to the Grantee, nor shall this franchise be given any value before any-court or other public authority in any proceeding of any character in excess of the necessmy publication costs and any other sums paid by Grantee to the City at the time of the acquisition-of this franchise.
SECTION 6. The Grantee of this franchise shall comply with all of the following provisions:
A. Within sixty (60) days after the effective date of this franchise, Grantee shall file with the Director improvement plans relating to all facilities located within the City of Pico Rivera, and a map or maps showing the location, length and size of all such facilities which have been installed, relocated, removed or abandoned.
_l .,
ORDINANCE NO. 949
Page6
B. Within six (6) months after the installation or any new pipelines under this franchise, Grantee shall file with the Director an "as built" map or maps showing the location, length and size -.of all pipelines so installed.
C. Grantee shall construct, install and maintain all pipes and appurtenances in conformity with all ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of the City in the exercise of its police powers, and not in conflict with the paramowit authority of the State of California. As to State highways, Grantee shall be subject to the provisions of general laws relating to the location and maintenance of such facilities.
D. Grantee shall pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise.
E. Grantee shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all liability for all damages proximately resulting from any operations under this franchise, and for all damages proximately resulting from the failure of Grantee well and faithfully to observe and petf orm each and every provision of this franchise and of Division 3, Chapter 2 of the California Public Utilities Code. Grantee shall be solely responsible. for complying with all laws, regulations, and other orders which are applicable to the installation, repair, relocation or removal of its facilities, whether federal; state or local. City1
s approval of such installation, repair, relocation or removal shall not be deemed to relieve Grantee of any liability Grantee may have for contaminated soils or other environmental liability attributable to or arising from Grantee's pipes, appurtenances and other facilities. Grantee acknowledges that the City has no obligation or responsibility for conducting or accomplishing any such installation, repair, relocation or removal, or for compliance with any laws, regulations, or orders applicable thereto, and Grantee agrees thatthe City shall not be liable or responsible in any manner for any loss, claim, or damage, including environmental damage, attributable to or arising out of any such installatio~ repair, relocation or removal.
F. Grantee shall, within thirty (30) days after any transfer, sale, or assignment of this franchise, or any part thereof: or of any of the privileges herein granted, provide the City with written evidence of 1he same, inclu~g a certification executed by a duly authorized officer of the Grantee. ·: '· -
SECTION 7. In connection with any change in grade, alignment or width of any public street, way, alley or place, or the construction 0£ any subway or viaduct, or any other street improvement of any kind by the City, Grantee shall, at the request of the City and at Grantee's sole cost and expense, comply with all of the following provisions, as applicable:
.J
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ORDINANCE NO. 949
Paa-e7
A Within ninety (90) days after receipt by Grantee of a notice in writing from the City that . work is to be done pursuant to any reserved right and specifying the general nature of the ,work and the area in which the same is to be performed, the Grantee shall do all things necessmy to protect and support its :franchise property during the progress of such work. If so ordered by the City, Grantee shall disconnect, remove or relocate those pipes and appurtenances installed, used and maintained within the street to such extent, in such manner, and for such period as shall be necessary to pennit the perfonnance of such work in an economical manner, and to permit the maintenance, operation and use of such street improvement.
B. Grantee shall pay to the City the full amonnt of any increase in cost for the construction, installation or repair of any bridge, or any artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located, if such increase in cost is required in order to provide for the installation, maintenance or operation of Grantee's pipes or appurtenances in or on the street area which the bridge or other artificial support covers or underlies.
C. Grantee shall cooperate with the City to take all actions reasonably necessary in order to accomplish the completion of any City street improvement project, as referenced in this Section B, within a reasonable period of time. After receipt by Grantee of a notice in writing from the City that work is to be done, the Grantee shall diligently prosecute such work to completion.
SECTIONS.
A. The Grantee shall obtain an excavation permit, and pay the applicable fee therefor, prior to commencing any excavation in the public right of way. The Grantee may obtain an excavation permit ·by filing a set of excavation plans with the Director, which plans shall be subject to the Director•s review and approval. The excavation plans shall show the location of the proposed excavation, a5: well as· the location of all existing pipes, sewers, conduits, improvements and other facilities in or under any street or public prope1iy in which the :franchise property is located or proposed to-be located. The excavation plans shall also contain an adequate description of the proposed work, including an estimate of the duration of interl'erence with any street traffic. Prior to the issuance of any excavation pennit for the construction or installation of a pipeline for the transmission of flammable or combustible liquids, gases or hazardous materials, a permit shall be obtained from the Los Angeles County Fire Department.
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ORDINANCE NO. 949
Page8
B. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, such work, where practicable and economically feasible, shall be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street If the same cannot be done, or if it is necessmy to cut the street in order to access existing pipes and appurtenances, such work shall be done pursuant to an excavation pennit, as provided in paragraph A above, to be issued by the Director upon application therefor.
C. All work shall be subject to inspection by the Director. All street coverings or openings~ valves, vaults and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground vaults and manholes may, subject to the prior approval of the Director, extend above the surface of the streets when such vents are located in parkways, between the curb and the property line. The Grantee shall provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment in accordance with City ordinances, rules or regulations, and shall comply with such additional safety measures as the Director may direct.
SECTION 9.
A. The Grantee shall develop and maintain an emergency response plan, satisfactory to the Director, which covers all franchise operations within the City. In general, an emergency response plan meeting the requirements of Federal and State law and containing the , information contained in this section shall be acceptable. The emergency response plan shall include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including but not limited. to traffic control, street excavation, pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the Director shall reasonably require. Repairs to a public street, alley or parkway shall be completed within 72 hours unless otherwise authorized by the Director. The Directo,r shall be notified ten (10) days in advance of any proposed change in such arraµ.gements. Grantee's emergency response plan shall be resubmitted annually to the Director on the_ first working day of each calendar year.
B. Whenever any pipeline or appurtenance breaks or leaks so as to cause the release of oil or products thereof into the public right-of-way, Grantee, and any other person using or controlling the pipeline or appurtenance,. shall immediately notify the City1s Police Department and Public Works Department and shall implement precautionru.y safety measures including traffic control, system shutdown, valve closures, and public notification. .. J
ORDINANCE NO. 949
Page9
In the event of an emergency which threatens life, health, safety, or property, and where it is not possible to obtain an excavation permit prior to commencement of the work, the , Grantee may commence such work; provided, however, that within seventy-two (72) hours thereafter the Grantee shall make application to the Director for an excavation permit in accordance with the procedures specified herein. The Director may impose conditions upon the issuance of the excavation pemtlt, and all work shall be subject to inspection. Adequate traffic safety barriers shall be maintained at all times, and any damaged portion of the street shall be restored to its original condition.
SECTION 10.
A. If any portion of any street is damaged by reason of defects in any of the pipes and appurtenances maintained or constructed by Grantee, or by reason of any other cause attributable to or arising from the operation of any pipes and appurtenances constructed or maintained by Grantee, the Grantee shall, at its sole cost and expense, immediately repair all damage and restore the street to the condition existing before such damage occurred. All such work shall be done under the direction of the Director, and to the reasonable satisfaction of the Director. Grantee shall repair such damage and restore the street within three (3) working days after written demand therefor by the Director, or such other period as the Director may authorize when required for the protection of the public health and safety.
B. If the Grantee, after reasonable notice, fails or refuses to pave, surface, grade, repave, resurface or regrade as required by the provisions of this :franchise, the City may cause the work to be done and shall keep an itemized account of all costs incurred. The Grantee agrees to, and shati reimburse the City for all such costs, including reasonable administrative overhead expenses, within thirty {30) days after presentation to Grantee of an itemized account of such costs.
SECTION 11. Grantee acknowledges that the City's records may not be complete and that pipes and appurtenances previously unkno~. to City are frequently discovered. Consequently, by granting this franchise or by approving any 'excavation permj.t requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein shall.be deemed to· make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City's approval of excavation permit plans, regardless of whether any infmmation is supplied by the City to the Grantee pertaining to the location of existing pipes, facilities or other improvements on, in or under any street or other public property- ORDINANCE NO. 949
SECTION 12.
A If the Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this :franchise, and shall not, within thirty (30) days after written demand for compliance, begin the work of compliance, or after commencing such compliance shall fail to prosecute the same with due diligence to completion, then the City, acting by and through its legislative body, may declare this franchise fmfeited.
B. In the event of noncompliance by the Grantee with any of the conditions hereof, the City may, in addition to all other remedies provided for herein, bring suit for the fo1feiture or termination of this franchise.
SECTION 13. Grantee shall, within thilty (30) days after passage and adoption of the ordinance granting the franchise, file with the officers of the City designated herein the following ins1l1lments or docwnents:
A. File with the City Clerk Grantee1s w1itten acceptance of the terms and conditions of this ordinance, accompanied by payment of the Grantor's Fee in the sum of One Thousand Four Hundred Dollars ($1,400).
B. File with the City-Clerk certified copies of the policies ofliability insurance and workers' compensation insurance, or, in lieu thereof, certificates evidencing such insurance, which policies shall be in compliance with the requirements of Section 4.08.070 (Insurance requirements), Chapter 4.08 (General Provisions). Division II (Pipeline Franchises),Title 4 (Franchises) of the Pico Rivera Municipal Code
C. File with the City Clerk, within five (5) days after the effective date of the ordinance granting the franchise and thereafter at all times during the life of the :franchise keep on file with the _ City Oerk, a bond issued by an admitted surety insurer, and in a form approved by the City Attorney, in the penal sum of One Hundred Thousand Dollars ($100,000), conditioned that the Grantee shall well and truly observe, fulfill, and pe1f01m each condition of the franchise and that in case of any breach of condition of the bond, the whole amount of the penal sum therein specified shall be recoverable from the principal and surety upon said bond. If said bond is not filed, or if it <;toes nht" receive the approval of the City Attorney, the franchise may be revoked or fmfeitBd-and any money paid to the City in connection therewith shall be retained by the City.
SECTION 14. The Grantee shall pay to the City a sum of money sufficient, to reimburse the City for all posting and publication expenses, incmTed in connection with the granting of this franchise. Such payment shall be made by G1;antee within thirty (30) days after the City provides to the Grantee a wiitten statement of such expenses.
ORDINANCE NO. 949
SECTION 15. This franchise is granted upon the terms and conditions of Division II (Pipeline Francbises),Title 4 (Franchises) of the Pico Rivera Municipal Code, as may be amended from time to time, •which is incorporated herein by this reference; provided, however, that if any provision of this ordinance is in conflict or inconsistent with any provision of Division II (Pipeline Franchises),Title 4 (Franchises) of the Pico Rivera Municipal Code, this ordinance shall be deemed to be controlling.
SECTION 16. The Grantee shall not sell, transfer, assign or lease the franchise, or any part thereof: except with the consent of the City of Pico Rivera.
SECTION 17. All facilities erected, constructed, laid, operated or maintained under the provisions of the franchise shall be erected, constructed, laid, operated or maintaine_d in accordance with and conforming to all the ordinances, codes, rules and regulations now or hereafter adopted or prescribed by the City of Pico Rivera, and shall be of first class and standard material and subject to approval of any duly authorized representative of the City of Pico Rivera unless otherwise provided in the ordinance granting the franchise. In case of Public Utilities subject to the jurisdiction of the Public Utilities Commission of the State of California, the rules, regulations and orders of the Public Utilities Commission shall govern whenever any conflict may exist between • them and the ordinances, codes, rules and regulations adopted or prescribed by the City of Pico Rivera.
SECTION 18. The Grantee shall obtain and maintain a permit from the Los Angeles County Fire Department to construct, install, use, operate, repair or modify a pipeline for the transpmtation of flammable or combustible liquids.
SECTION 19. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published as required by law . .. ,_ -
]
l
1RDINANCE NO. 949
APPROVED AND ADOPTED this 7th
ATfEST:
day of _ ____,A"'"'u"""q..,.. u.._s t __ . _____ 2000.
CarthG.Gardner, Mayor
APPROVED AS TO FORM:
Richard L. Adams, II, City Attorney
AYES:
~OES:
Garcia, Proo, Ramirez~ Gardner
Salc'ldo
ABSENT: None
ABSTAIN: None
. j T o~co Corroration
January-99 City_ of ~ico Ri'ler~ Pipeline Franchise . " FILE NUMBER DESCRIPTION LENGTH PROD. TYPE PLAT MAP FRANCHISE No. D4A No. STATUS OWNERSHIP . .............. .. . .. 57385 6" Crude Line 400.00 Oil PP0007 531 O4A445 IDLE Tosco ..
On Beverly_ R..?.ad ____ , Sheet 1 ..... . ..
At
Rio Hondo River
57385 4" Crude line 80.00 Oil PP0007 531 D4A446 IDLE Tosco On Beverly Road Sheet1
At . . .. San Gabriel River "' ··•· M• - -· .... . . . .... . .. ' .. 57385 4" Crude Line 100.00 Oil PP0007 531 04A446 IDLE Tosco On Beverly Road Sheet1
South of
Beverly Blvd.
Total Footage 580.00 Thomas Brothers Guide Page 676 Grids F-2 & H-3
Division U. Pipeline Franc:hfses
Chapter 4.08
GENERAL PROVISIONS
Sections:
Article L Genen.1 Requirements
4.08.010 Title for citation.
4.08.010 DeOnition1.
4.08.030 Grant conditions and
4.08.040
4.08.OSO
4.08.060
4.08.070
4.08.080
4.08.090
4.08.100
4.08.110
4.08.1%0
4.08.130
compliance.
Term of' franchise.
Accept.aace of fnutcbise.
• Nonexclusive grant.
Insurance requtremenu.
Perf'omwsce bond.
AJremaces tu bond.
lndemnif1a1tion of city.
Auignment of franchise.
Va!ue of fnnchise.
Gnmt and forieiture
~ndidona.
4.08.140 Work permit
requiremllllts.
4.08.158 Se•erability.
Anide IL Provisions for Other Than
OU PlpeHnes
4.08.160 Repon requirements.
4.08.t'70 Annual payments.
Article I. Genen.1 Requirements
4.08.010 Title for citation. .
Division II of this title shall be known
as and may be cited as '"The Pipeline
Franchise Ordinance." (Prior code §
10100)
89 4.08.010
4.08.020 Definitions.
For the purposes of Division II of this
title. the following tenns. r;:,ilrases. words
and their derivations. shall have the
meaninagiveo in this section. When not
inconsistent with the context. words used
in the present tense inc:J.ude the future . , words m the plural number include the singular number, and words in the sin. '
gular number include the plural number.
A. ·•City" mea.ns the city of Pko
Rivera. suite of California.
B. ··coun~il" means the city council
of the city of Pico Rivera.
C. ''Director'' means the directer of
public works of the city.
D. "Facilities .. or "appurtenanci::s"
• means all property of the franc:hisee . . inc:ludin1, but not limited to, pipelines.. pump stations and service connections
with the franchisee's facilities. whether
installed· by the franchisee or not. erected,
eonstrutted, !aid, operated or maintained. in, upon. o,,.er, llnder, alcna or across any highway, punua:nt to any rijht
or privilege granted by the franchise.
E. ''f'ranchiseo" or ••grantee'" means
the penon to whom the franchise is
granted. and any person io wbom it lawfully may be as.,igned. .
F. "Franchise repon perio~,. in all
cases, means the first year after the effecti,.-e date of the ordinance ;ranting the franchise, or. at the option of the fran.
chisee, any shorter period of time immediately following the date of sucb. ordinance, and cacb year thereafter. during the life of the franchise.
G ... Highway•· means any public
highway, freeway (e1,;,cept a. state freeway). street, road. alley, lane or court. or other public easement. and above and
4.08.020
below the same, whkh now eidsts or
which may hereafter exist in any unincorporated tenitory of the city and in which the city has the authority to grant a
franchise.
H. "Main•· means any pipeline or
conduit laid in. along or approximately
parallel with any highway for the c:ollection, transmission or distribution of any subsiance or c:ommodity.
I. ·•Person .. means any individual,
person, firm, panmmihip or corparation.
J. "Se.ction .. means a section of the
ordinance codified in this title, unless
some other ordinance or statute is mentioned.
IC.. ..Service conne,;tion" means the
wire, pipes or conduits connec:ting the
building or place where the ~nice or
commodity supplied by the franchisee is
used.or delivered. or•is made available for
use or deli'ICl'Y, with the supply tine or
supply main in the highway, or with such
line or supply main on private property.
(Prior code§ 10I02)
4.08.030 Grant coaditiom md
c:ompliance.
Every f'rancbise hereafter granted by
the city to lay or" construct from time to
time and for tbe period e:overed by the
franchise to maintain. operate, renew.
repair. change the size cf. remov~ or
abandon in place pipes and pipelines for
the collection. tnmspartatioo. or distribution of oil. petroleum, gas, gasoline. or other bydr01;arbon substances. wet gas,
chemicals. mud. steam, water, wastewater. or other liquid su.bstanc:es, for any purpose, together with all manholes.
valves, appurtenances and service connl:!ctions necr:s.sary or coJlvenient fer the 90 operation of such pipe:s or pipelines,
including poles. conduits, wires. cables
and other appurtenances and equipment
for telegraph or telephone lines. or both.
necessary or convenient fer t_he franchisee's business. in, under, along or across any and all b.ighways, except as
otherwise provided in the ordinance
granting the franchise. shall be granti:d
upon and be subject to the rules, regulations, restriction$ and terms and condi- • tions of Chapter 4.04 of this title and,.in
addition, to those rules. regulations,
restrictions, terms and conditions set
forth in the ordinanc:e granting therfranchise. rn the event the te.nns and c:onciitions hereof conflict with tlie tenns and conditions of Chapter 4.04, the terms
and conditions hereof shall control.
(Prior code§ 10101)
4.08.040 -Term of f'nurehise.
Unless tile ordinance granting the
rranchise provides otherwise. the tenn of
the franchise shall be twenry.fi..,e years.
(Prior code§ 10103)
4.08.0:50 Acceptance of franchise.
The franchisee shall. within thirty days
after the: passage of the ordinance grant•
ing the franchise. ftle with the city clerk a
written acceptance of the terms and conditions of such ordinance~ provided, however, that as to franchises granted to
the United States of America. use will
constitute acceptance. (Prior code §
10104)
4.08.060 No11e~i:lusive grant.
The granting of the franchise shall not
be construed to prevent the city from
(.
l.
grantina any identical or similar fra.ncbise to any ~rson other than the franchisee. Nothing herein contained shall ever be construed so as to exempt the
franchisee from compliance with all ordinances, rules or regulations of the eity now in effect, or which may be hereafter
adopted, which are not inconsistent with
the tenns of the franchise. (Prior code §
I0lOS)
• 4.08.070 Insuruce requirements.
A. 011 or before commencement of
any franchise operations, the franchisee
shall obtain or provide salisfaciory evidence of having p0licies of liability and workers~ compensation insurance from
comi:,,anies authorized to transact business in the state, by the State Insurance Commmioner.
B. The policy cf liability insurance:
.shall:
l. Be issued to the franct1isee. and
n"-me the city, its offi~cn, agents and
empJgyees as additional insured;
2. Indemnify for all liability for per•
sonal and bodily injury, death and
damage to property arising from
activities conducted punuant to this
franc:hise by providing c:overage then=for,
inclucling but not limited to:
a. Negligent acts or omissions of the
franchisee and the agents, servants and
employees thereof, commited in the conduct of franchise operations, b. Provide combined single limit liability insurance in the amount of one million dollars, subjict to self.:.insured
retention. as is normal and pn.1.d~nt in the
franchisee's simiJar operations.
91 4.08.060
c. Be noncaaceUable without fortyM
five dayst written notice thereof directed
to the city clerk.
C. The policy of workers' compensation insurance shall! L Have been previously approved u
to substance and fonn by the State Insurance Com~ss.ioner,
2. Cover all e:rnployees or the franchisee who. in the course of their employment, are to conduct or. do work punuant to the franchise operations;
3. Provide for every benefit and pay.
ment presently or herei natter conferred
by Division 4 of the Labor Code of the
state upon an htium:l employee. including the voc:ational rehabilitation and death beriefits;
4. Provide for every benefit and pay•
ment under any obligation of the Federal
tJ .S. Long Shcreman a11d Harbor
Wo,;ker Compensation Act, paying par •
ticular attention to Public La.w 92.572;
~- Be noncancellable without thirty
days· written notice thereof directed to ·
the: city clerk.
D. In lieu of_ the p0licy of workers•
. co~pensation insurance r«1um:d above,
the franchisee may substitute ~nd provide a ecrtific::ate of consent to self-insure. issued by the Director ortndustrial Relations of the staie.
E. The franchisee shall file with the
director prior to c:onunenc=mi=nt of any
franchise o~rations, ei~crcertified copi~ of such policil!S. or a .:ertificate of insurance for each of the required pol ..
icil? ixecutcd by the company issuing the
poli~. c;ertifyics that the policy is in
force.
4.08.070
F. Any franchise operations shall not
commence until the franchisee has complied with the aforemention~ provisions of this section, and any sueh operations
shall be suspended durina any-period that
the franchisee fails to maintain such policies in full force and effect. (Prior code § 10106)
4.08.080 l'l!rf'ormance bond..
A. Within fiv~ days after the effective
date of the ordinam:e granting the fran.
chise, the ftanc:bisee shall file and thereafter at all times durio1 the life of the franchise keep on file with the city clerk a
~orpotate surety bond running to the
dty, in the pen.al sum of ten thousand
dollan, or such otber sum as may be
speciflCB.lly provided for io the ordinance
granting the franchise. with surety to be
approved by the city clerk, conditioned
that the franchisee shall will and truly
observe, fulfill and perfonn each condi•
tion of the franchise and that in case of
any breach of condition of the bond the
whole amou.nt of the penal Nm shall be
deemed to be liquidated damqcs, and
shall be reco\rerable f:rgm the principal
and. sureties of the bond. .
B. If the bond is not filed wit.bin .five
days after the etr~vc date of the ordinance granting the franchise, the award of the franchise may be set aside and the
ordinance 1ra.n ti n1- the franchise
reepealcd at any tima prior to the filing of
the bond. and any money µaid in consid- •
era ti on for the award of franchise shall be
deemed forfeited in the event that the
band. after it has been so filed. saall at
any time durina the life of the franchise,
in the opinion of the c;ity clerk, be<:ome
insufficient. The franchisee agrees to
92 renew the bond, with Su.reties to be
approved by the city clerk. with.in ten
days after written notice to do so from the
city clerk. {Prior cede§ l0l07)
4,08.090 Alternates to bond.
As an alternate to the filing of a bond,
the franchisee may deposit with the city
clerk and assign to the city savinJS and
loan certificates llr shares, or both. in the
same amount as required on such bond.
{Prior code§ 10108)
4,08.100 Indemnification or c:ity.
A. The franchisee shall indemnify,
defend and hold the city hapnJess rrom
and against any and all 1051, damages,
liability, claims, suit.s, ·costs and
expenses, including reasonable attorneys' fees. regardless of the merit or outcome of any such claim or suit. claimed or arisins from any negligent or intentional iCl or omission of the franchisee. it! officers, ~mployees, agents or subcontrac1ors, arising from acti\'ities or work conducted punuant to the fran ..
thix.
B. The franchisee shall indemnify,
defend and sa\'e hann[ess the city, its
officen, agents and employees, from and
against any and ail claims and losses
whatSOever, including reasonable attorneys' fees, accn.iing or resulting to any and all persom, firms or ·corporatiou
furnishing or supplying wor~ servitcs,
materials, equipment or supplies in tonnection with activities or work COD• ducted or performed pursuant to the
,franchise an.d arisin& out of sucb
activities or work. and trom any and all
claims and losses whatsoever, includins
reasonable attorneys' fees. accruing or
resulting to any E:)erson. firm or corpora ..
tion for damage. injury or death arising
out of the franchisee's franchise operations. {Ord. 699 § 1, 1Sl85; prior cede§ 1011.2)
4.08.110 Assignment of f'nulchise.
A. Th.c franchisee shall not sellt transfer. a.Aign 0r lease the franchise, or any part thereof. except with the consent of
the city clerk. Such sale, transfer, usignqient or Jesse shall be made only by filing with. the city clerk a certified copy of the
duly executed instrument of such sale,
transfer. assignment or lease. and a writtea request for the consent Qf the city clerk to such sale, transfer. assignment or
lease. If such duly executed instrument
and such written reque:st is not filed with
the city clerk before the expiration of .
thiny days after the effective date of such
sale.. 'ttal1sfcr. assignment or lease then,
upon the ex_?.ration ·of su.ch thiny days.
the franchise shall be subject to for•
feiture. and the titY c:ou.ncil may, without
notice:. by ordinance, repeal the fraaM
chise. Al a eon.dition to the granting of
consent to such sale, transfer, assignment
or lease, the city council may impose
suc:b addilional tenns upon the franchise
and upon the grantee or assignee which
the city council may deetn to be in the
public interest. Su.ch additional terms
a.nd conditions shall be expressed by
ordinance.
B. Nothing herein contained shall be.
con.strued to grant to the franchisee thtt
right to sell ttansfer. assign or lease the
franchise. or any part thereof. e,u:ept in
the manner aforesaid.. 'this section
93 4.08,100
a.pi,lies to any assignment. whether by
operacion oflaw. by voluntary act of the
f ranchlsee. or otherwi5e.
c: No such consent shall be required
to any transfer of the franchise in trust or
by way of mongage or h.ypothecation
with all ora part of the franchisee's other
property for the purpose of securing any
indi:btec:iness of the franchisee. {Prior
code§ lOllO)
4.08.l :ZO Value of franchise ..
The rranchisn agrees that the fran ..
chise shall never be given any value
before any court or othi:r i:,ublic authority in any proceeding of any character in excess of the c:ost to the franchisee of the
necessary publication and any ot:her sum
or sums paid by it to the city for th.e
franchise. (Prior code,§ 10113)
4.08, lJO Grant and forf1iture
conditions.
A. The franch.ise is granted and shall
be held and enjoyed upon each and every
condition contained in the ordinance
granting the fran,;:hise, including such
conditions contained herein as are inc:orpora ted by reference in the franchise ordinance. a.nd shall ever be strictly con--
strued against the franchisee, Nothing
shall pass thereby unless it is granted in
plain and unambiguous terms. Any
neglect. failure or refusal by the franchisee to comply with any of tbe conditions of the franchise shall constitutegrou.nds for the suspension or forfeiture • thereof. The city council. prior to any
suspension or forfeiture of the francmH
shall giva to the franchisee not less than
ten days' notice in wririns cf any default
thereunder.
4.08.130
B. If the franchisee does not. within
the noticed period. begin the work of
compliance. or aftersuch beginning does
not prosecute the work with due diligence to completion, thi= city ·council may hold a hearing, at which the franchisee shall have the right to appear and be heard, and thereupon the eity council
. may detenni11e whether such conditions
are material and e55en tia1 to the franchise
and wbelher tbe rranchisei: is in default
with respect lhereto. and may declare the
franchise suspended or forfeited. Notice
of the hearing shall be given to .the franchisee by certified mail not less than five . days before the hearing. (Prior code §
t0l09)
4.08.140 Work permit requirements.
Notwithstanding the ,1ranting of a
franchise, the franchisee shall ilo& be
authorized to do any work under the
ftilnchise for which the issuance or a permit is required unless such a pennit is issued for su.ch work, The franchisee shall
not have an absohite riaht 10:the iasuan~e
of such a permit. {Prior code § 1011 l)
4.08.lS0 S.nrability.
If any provision of the franchise or the
application of the franchise to any penoa
or circumsianc:es is held invalid by a
court of competent jurisdiction or is not
• in compliance with any requirement of
the Public Utilities Commission or any
other federal or .state agency1 the
remainder of the franchise, or the
applicaucn cf the franchise to persons or
circumstances other than those to whlch
it is held invalid or not in co?J:1pliance
shall not be aff'«ted th.c:reby. ( Prior code:§
10114)
94 Antcle II. Provisions £or Other Than
Oil Pipelines
4.08,160. Repon requireme.nrs.
The franchise~ shall: •
A. File with the city financt director.
within three months after the expiration
of the calendar year, or fractional calendar year, following the date of the grant .. ing of th~ franchise and within three
months after the expiration of each cal·
endar year thereafter. two copies of a
report verified by the oath of the fran..
chixc., or by the oath of a duly authorized
representative of the franchisee. showing
the total &r05S receipts of the f.rancbisee
for the immediately preceding franchise
payment period. received or .a~crued in
connection with the furnishing of the
commodity or service arising from the
use or operation of the fran'1hise,
tog~ther with such additional data as are
necessary. in the opinion of the city
finance director. to calculate or verify the
calculation of the annual payment
required by Section 4.12.040 of this titJ.e
(or the pro rata amount ·thereof (or.th~
fint period if the fint period i~ less than
• one year). On this report, th.e f:ra.nch~
shall also show-any change in franchise
fcotage since the last r.n.nchise report
period. segregating such footage as to
new mains la.id. old ma.ins abandoned in
place. and ihe footage of mains in territory annexed or incorporated since the last franchise:
B .. File with the city clerk. within the
sam~ franchise repon period a., provided
in subsection A of this section, a niport in
duplicate. showi11g tbe permit numbet' of
each pennit obtained for tm: inJ'Callatic,a
of new mains during tbe immediately
C ..
i,receding franchise report period.
together wilh the length and size of such
mains. (Prior eode § 10600)
4.08.170 Annual payments.
A. Thi: franchisee. during the life of
the t"ran~ht$C, shall make annual payments to the city, as provided in Sections
4.12.030 and 4.12.040 or th.is title, within
fifteen days after the filing of the report
requimi by Section 4.08.160.
. B. ln the event the amount paid is
incorrect in the judgment of the city
col.lncil, it may order the payment of
sueh additionil sum or sums as it may
find theminder. and if not paid. or if paid.
under. protesL the share may be determined by suit. (Prior code § 1060 l)
4.08.160
9S
4.11.0IO
Cbapter4.U
FEES A:--iD PAY~IEN'TS
Secdons:
4.12.010
4.12.020
4.12.0JO
4.12.040
4.12.050
4.llJJ60
4.12.070
4.12JJ80
Payments to city
required.
Granring and ,.newal
tees.
(ditfal clwpsUod.erground conduit
fees.
Annual paymeatGeneraJly.
An11u.i payment-Oil
pipeUH!.
Proratina of payments.
Late payment ree.
Recerdkeepint
requirements.
4.12.010 Payments to city required.
Ai a consideration ror the franchise
pated. the rranchisee shall -pay· 10 the
~ity in lawful money of the United States
the Fees set out in Sections 4.12.020
through 4.12.050 of this chapter, (Prior
code § l0lOO(part))
4.12.020 Gnmdftl and reaewal rees,
A. ln the, case cf aa initial grant of
franchise. or on franchises which extend.
renew or continue in existence prii,-
viously granted franchises, the franchisee
shall pay to the c:ity aaranting fee c:,fthrn
thousand dcllan within thirty days after
the city council adopts the ordinance
granting die fraac:hise.
B. Provided, however, that if the pipe.
or pipeline to be laid. or constructed pursuant to the rr.mchise is one.fourth mile or le§ in length. and extends. renews or
96 continues a previously granted franchise
to lay or constnict a pipe or; pipeline one•
fourth mil= er less in lenatb, the franchisee sh.all pay to the city a grantin1 fee of five hundred dollars within thirty days
after the city council adoi"ts the ordi•
nance granting the franchise. (Prior code
§ 10200(A))
4.U.030 Inidal ch&qaUnderarol.Uld co.nduir fees.
In addition to the foregoing annual
payments, the franchisee shall:
A. Pay the city. within si~ty days after
the end or each calendar year. an initial
construction dlqe calculated at a me:
of one hundred dollars per mile or fraction thereoffor all new mains laid during the preceding yw-. during the life: of the
ftanc:hisc;
B. Pay the city. during the life of the
franchise, an annual fee of twenty-five
dollars per pole-mile or ponion thereof.
and twenty-five dollars per mile or per•
tion thereof of-under;rouncl conduit for
telephone or telegraph lines maintained
underthe franchise. Sud'& fee shall be due
wjthin srxty days after the end of each
calendar year. (Prior code§ l0200(D))
4.12.040 AanuaJ pa)'mentGenenJly.
Except as provided in Section 4.12.0S0
of this chapter, the franchisee. as fumt~r
consideration for the franc~ hmtby
aranted. shall pay to the city in lawful
money of the United States, two percent
of the gross annual receipts of the fran.
chisee arising from the use. operation or
possession of the franchise; provided.
however. that such i,aymeni !hall in no
event be less than one percent of the gross
l
(
annual receipts of the franchisee derived
from the sale within the franchise area of
thecommmoclity or service rorwhich the
franchise is awarded. Such percentage
shall be paid annually durina the life of
the franchise, including the year of grant•.
ing the franchise. (Prior code§ 10200(B)
4.12,050 Annual payment-OU
pipelines.
A. The franchisee of any franchise
awarded to a nonpublic util,ity for oil or
products thereof. as further • consideration for the franchise bereby granted. shall pay to the dty in lawful money of
the United StateS a '"base annual fee'•
computed as follows:
l. Pipe of eight inc:hes or less in nomi•
naJ internal diameter: The annual fee
shall be twelve cents per linear foot
2. Pipe greater than eight inches in
nominal internal diameter. The annual
fee shall be twelve cents per linear foot for
the fim eight inches of nominal internal
diameter. plus two cents per nominal
internal diameter inch for each inch or
fractiQD thereof over eight inches.
B. The amount of each annuaJ payment of the base annual ree shall be • revised every year from the effedive date
of the ordinance granting the franchise,
at the time of payment~ in accordance
with the following formula:
l. The Wholesale Producer Pric:111
Inde,t ( 1967-100) All Commodities, for
the Los Angt;les Area, established by th•
United StatcS Bureau cf Labor Statistics,
Department of Labor. as it stands on the
date the franchise is granted. shall be
ta.ken u the .. base index·• upon which the
franchise fee is computed.
97 4.l2.04O
2. If said inde.ll for the last calendar
month ending prior to the month in
which payment to the city is d.ue shaJl
stand at other than such ''base index ..
then the rate cf payment to the city sh~
vary from such "'base annual fee•· in
dinct proponion a11 such index has
increased from the "base index.·• as b.ereinabovc defined; provided, however, that in no event shall the amount of the
annual payment be less than the "base
annual fee" as set forth in this section.
3. If the Bureau of Lab'or Statistics
shall revise the said index, the parties
thereto shall acc~pt the method of revi~
sion or c0nversion recommended by the
Bureau.
4. If the Bureau of Labor Statis.tics
shall discontinue the preparation of the
said index. using prices prevailing in the
year t 967 as a base of 100, and if no
transposition table prepared by the
Bureau is available, applicable to the vea.r
of 1967. then the amount of each an~ual
payment shall be computed by reference
to such other ptjce index as may be
chosen by the c:ity and the city shall be the
sole judge of comparability of successive
indices.
C. The ''base annual fee" described in
subsection B or this section 3ha11 be paid
annually during the life of the franchise,
inciading the year of granting t.h.e fran•
cruse. (Prior c:ode § 10200(C))
4.12.060 Proralin1 of payments.
In the event of abandonment offa.cili•
tie:. with the approval of th!!! city, or in the
event of removal of racilities wfth
approval of the city~ payments otherwise
due the city for occupancy of the roads or
4.12.060
highways by such facilities shaJl be prerated for the calendar year in which such removal or abandonment occurs u of the
end of the calendar month in which
rcrno'fed or abandoned. ( Prior code §
10201)
4.12.070 Late payment fee.
In lhe event the franchisee fails to
make the payments for the frant:hise, or
the s,ayments due under Section 4.12.030
of this chapter, on or before the dares due,
as hcreinabove provided, the franchisee
shall pay as an additional con1idcration
the following amount: A sum of money
equal to ten percent of the aip.ount due.
(Prior code § 10202)
4.12.080 Record.keepiq
requirements.
A. The franchisa: shall keep and preserve. for a period of five years, subsequent to the date of the most recent
98 franchise fee determination as ascertained by an audit made by the ctey or on its behalf, all records nec:es.sarY to deter ..
mine the amount of sueh franchise fees
or other payments due under Section
.4.12.030 of this chapter. The franchisee,
ul'()n demand by the city, shall make
sucb tecord.$ available for inspection. by
the city or its authorized rc:presentaiivc.
B. At ill reasonable timn, the fran•
chisee shall permit the city, or its duly
authorized representatives. to examine
aJl propeny of the Cranchisee erer:tcd.
constructed. laid. QpHa~d oi: maintained pursuant to the franchise. together with any appuncmant property of the
franchisee, a.nd •to examine a.nd transcribe any and all books. accounts. pape~ maps and other records kept or
maintained by the franchixe, or under
itsc0nn-ol. which relate to the operations.
affairs, transactions. property or finan.
cial condition of the franchisee with
respect to the= franchix. (Prior code §
10203)
(
(
Chapter 4.28
OlL PIPELINES
Sccdons:
4..28.010
4.28.020
4.21.030
4.28.040
4.28.050
4.28.060
·4.28,070
Rights granted.
Materials for pipeU.an.
Flush-.-alve connections.
P'a'1ilities-Reporu
required..
Payments to dty,
Annual paymenrs.
£:xeatpf services. and
commod.ides.
4.28~1)10 Rights p,mted.
The franchisee granted an oil pipeline
franchise shall have the right during the
fife thereof to transpcrt oil. ga.s, gasolia.e.
petroleum, wet gas, chemicals. hydroc:ar-
. bon substances, watrr, wastewater, mud
and otbet" liquid substances through the
pipelines maintained under the franchise. ( Prior code § 10400) .i8.026 Materials fer ptpeUaes.
All pipelines wed or to be used for the
transportation of oil, ps, 1asolinr:.
petroleum, wet gas, ~hemic:als., hydrocarbon subsume~ or other flammable liquid. shall be first-class and standard material. as set forth in the American
National Standard Institute (ANSI)
code. (Prior code§ 10401)
4.28.030 F1111h-vabe connections.
On all pipelines iaid punuant to the
franchise. the city tire chief shall approve
where flush-va1ve connections shalt be
placed in the line. The availability of adequate water suppiie1, the c;gmmodity transmitted in the line, and the location
103
4.28.010
of eontrol valves shall be considered
when making such determination. Such
flush:-valve coonecticns shall be in.sta.llr:d
in the manner S)rescribed by the city fire
chief. (Prier code § !0402)
4,28,040 Fac:illties-Report1
required.
The franchiaee shall:
A. File with the city finance director,
within three months after the eitpiration
of the calendar year. or fractiortal calen ..
dar year, followinc the date of the granting of the franchise and within three mcnths after the e~pi.ration· of each calendar year. thereafter, two copies of a n=pgrt duly verified by the oath of the
franchisee or by the oath of a duly authorized representative of the franchisee, showing for the immediately preceding
franchise period:
t. The length of lines in highways.
2. Toa nominal internal diameter of
such lines.
3. The rate per foot per year. and
4. Th.e total amount due the city;
B. File with the director a repori in
duplicate, as provided by Section
4.08,140. (Prior code§ 10700)
4.28.050 Payments to cir:y.
A. .Ex~pt for pipelines lawfully main•
tained other than by the authority
granted by the franchise. the annual pay ..
ments shall accrue from the respective
d.ates of installation, whether befors or
after the effective date of the ordinance
granting the franchise, and such payments, together with the initial constNction. charge and other fees. if
any, shall be d.ue and payable annually
beginning with the expiration of the fim
4.28.050
franchise payment period selected by the
franchisee in accordance with Sections
4.12.0J-0 and 4.12.050.
B. In the event the amount paid is
incorrect. in the judgment of the city, it
may order the payment of such. additional sum or sums as it may find theRuncter. and if not paid, or paid under pro~ the same may be determined by
suit. (Priorcade § l0403)
4.28.fl60 Annual payments.
A. The franchisee. during the tife of
the franchise. shall make annuau payments to the city as F,Ovidcd jn Sections • 4.12.030 and 4.12.050 of'this title, within
•
104
fifteen days after the filini of the report
required by subsection A of Section
4.28.040.
B. In the event the amount pa.id is
incorrect. in the judgment of the city
council, it may order the pay·ment or
such additional sum or sums as it may
find thereunder; and if not pa.id. or if paid
under protest, tm: same may be determined by suit. (Prior code f l0701)
4.28.070 Exempt servic•s and
commodities.
This titl~ does not apply to public utilities or to mutual water companies~ wh~re the franchise is for a purpose
involving the furnishing of any servi~e or
commodity to the public:. or any portion
thereof. (Prior code § 10404)
,,.
'
57385 14'1 Oil Line (portion of 180'
old Kem Line from I D \j,r
Montebello to Santa Fe
Springs within Beverly
Road)
57385 16" Oil Line (portion of 400'
old Kem Line from , D t
Montebello to Santa Fe
Springs within Rio
Hondo Channel)
57385 18" Gas Gathering Line 12,786
(.Montebello Pump .l. I 12l Station to Norwalk
Pump Station ( on
Telegraph Road at Rio
Hondo River & San
Gabriel River)
FRANCIDSES - ORD. 531
CITY OF PICO RIVERA
Oil 57385 I Ord. 531
Sheet 1
Oil 57385 Ord.531
Sheet 1
Gas 57385 Ord.531
Sheet 1
I D4A446 I Idle TOSCO
D4A445 Idle TOSCO
I Nomaps I Idle I TOSCO
I available
CITY OF PICO RIVERA CITY COUNCIL
NOTICE OF PUBLIC HEARING FOR
CRIMSON CALIFORNIA PIPELINE – FRANCHISE RENEWAL
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to consider the renewal of the franchise for the Crimson California Pipeline. The franchise is limited to crude oil pipelines of sizes and locations as follows:
• 400 linear feet of 6-inch pipeline along Beverly Road near the Rio Hondo River • 80 linear feet of 4-inch pipeline in Beverly Road near the San Gabriel River • 100 linear feet of 4-inch pipeline in Beverly Road, east of the San Gabriel River Annual franchise fees paid to the City General Fund are estimated to be $191.40 plus a one-time franchise renewal fee of $1,400.
The term of the extension shall be 25 years.
WHEN: May 27, 2025
TIME: 6:00 P.M.
WHERE: City Hall Council Chambers
6615 Passons Boulevard
Pico Rivera, CA 90660
PERSONS INTERESTED IN THIS MATTER wishing to observe the meeting may do so in the following ways:
(1) Turn your TV to Channel 3
(2) City’s website at https://bit.ly/picorivera-ctv3live (3) City’s Official You Tube Channel – youtube.com/cityofpicoriveraofficial (4) Email public comments to [email protected] prior to 4:00 p.m. on the day of the meeting
(5) Attend the Public Hearing in person
Copies of all relevant material are available to the public for review in the Public Works Department at City Hall, 6615 Passons Boulevard, Pico Rivera, California. Please contact Gene Edwards, Deputy Director at (562) 801-4225 for additional questions.
In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact the City Clerk’s office at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged.
Enclosure 5
6e
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: EMERGENCY STORM DRAIN REPAIR AT 9708 BASCOM
STREET
Recommendation:
1. Approve a resolution determining that the repair of the storm drain at 9708 Bascom Street constituted an emergency, and that it was necessary to perform said work without the benefit of formal bidding;
2. Accept the emergency repair to the storm drain at 9708 Bascom Street, authorize the City Manager to execute an agreement related to the emergency storm drain repair in a form approved by the City Attorney, and authorize payment to Sancon Technologies, Inc. (Sancon) in the amount of $101,000; and
3. Approve the Notice of Exemption (NOE) for the subject project and authorize the City Clerk to file the NOE with the County recorder, in accordance with the California Environmental Quality Act (CEQA).
Fiscal Impact:
The fiscal year (FY) 2024-25 Adopted Budget (Account No. 100.40.4040-54500) has sufficient funding to cover the cost of the emergency storm drain repair to complete the work. No additional appropriations are needed.
Discussion:
An existing 305 foot long, 34-inch round corrugated metal pipe located along the 9700 block of Bascom Street and Pico Vista Road is one (1) of six (6) main storm drain lines that convey stormwater for the Midwest quadrant of the City of Pico Rivera (City) bounded by Washington Boulevard to Slauson Avenue and from Passons Boulevard to the San Gabriel River. The entire 305 feet of pipe from the inlet to the outfall is made of corrugated metal pipe. A portion of the line near the inlet collapsed along the easement and sidewalk causing a sinkhole approximately 36 inches deep by 5 feet wide. In 7 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 EMERGENCY STORM DRAIN REPAIR AT 9708 BASCOM STREET
addition, a section approximately 75 feet upstream from the outfall outlet collapsed at rear of 7448 Pico Vista Road property line.
In order to prevent any further collapse and damage to private property, and to preserve public safety, it was determined that the best course of action was to repair the pipeline pursuant to the emergency provisions in the Pico Rivera Municipal Code Section
3.48.110 “Procurement for Emergencies” and pursuant to Public Contract Code Section 22035 and 22050(a)(1)(2), the Public Works Director declared a public emergency to accomplish repairs necessary to permit the continued operations of the City. In the emergency status, the City is authorized to immediately solicit bids from qualified contractors to make the necessary emergency repairs.
On March 20, 2025, staff contacted three (3) experienced contractors in pipeline repair work and solicited informal bids for the repair of the storm drain line. The City received only one (1) bid that could perform the work within the requested time frame as set forth in the Request for Bid. Two (2) of the three (3) contractors could not meet the time frame for completion. The following is a summary of the bids received:
Contractor Amount
1. Sancon Technologies $101,000
2. Downstream Services No Bid
3. Morrow Trenchless No Bid
Sancon Technologies (Sancon) was the sole bid submitted, and staff verified their satisfactory performance on similar projects. All required documents, including bonds, licenses, and insurance, are in order.
The City Manager authorized the start of the emergency repairs on an emergency basis, subject to Council approval.
Environmental Analysis:
The project has been reviewed for environmental compliance, Pursuant to the guidelines from CEQA, the project is categorically exempt under Section 15302 Class 1(c) for the repair of existing facilities.
Conclusion:
Due to the immediate attention required to mitigate safety concerns and prevent further collapse and damage to private property staff recommends that the City Council confirm the action of the Public Works Director in declaring this event a public emergency. Staff recommends the City Council authorize the City Manager to execute the agreement and CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
EMERGENCY STORM DRAIN REPAIR AT 9708 BASCOM STREET
all documents related to the emergency storm drain repair and authorize payment to Sancon in the amount of $101,000 for the emergency work performed.
Steve Carmona
SC:NN:ML:np
Enclosure(s): 1) Resolution
2) Maintenance Services Agreement
2) Notice of Exemption
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA,
CALIFORNIA, RATIFYING THE PROCUREMENT OF EMERGENCY
REPAIRS TO A CORRUGATED METAL STORM DRAINPIPE BYSANCON
TECHNOLOGIES, INC.
WHEREAS, on or about March 1, 2025, a major collapse of the storm drainpipe at 9708 Bascom Street in the City of Pico Rivera (“City”), caused significant soil erosion to a City parkway, private property and public infrastructure; and WHEREAS, pursuant to the City’s Municipal Code Section 3.48.110 and California Public Contract Code Section 22035, the City Council has delegated to the Director of Public Works the power to declare a public emergency to accomplish repairs and/or replacements as are necessary to permit the continued operation or services of the City or to avoid danger to life or property; and
WHEREAS, an “emergency” is defined under California Public Contract Code Section 1102 as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, pursuant to the City’s Municipal Code Section 3.48.110, the Director of Public Works shall provide a full report on the emergency and work performed at the next meeting of the City Council, at which time the City Council must confirm such action by a four-fifths vote, and further determine appropriate action such as, but not limited to, whether work should continue without the benefit of informal or formal bidding; and WHEREAS, the Director of Public Works has declared a public emergency and determine it is necessary to repair the storm drain line immediately in order to mitigate safety concerns and minimize any further damage to private property and public infrastructure in the City of Pico Rivera, and sent requests for quotes for the repair work to three qualified repair companies, to which only Sancon Technologies, Inc. responded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The City Council, based on the substantial evidence, provided in the report provided by the Director of Public Works and staff, finds that the immediate repair of the collapsed storm drainpipe in the City of Pico Rivera constitutes an emergency that will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency, pursuant to the Pico Rivera Municipal Code Section 3.48.110, Public Contract Code Sections, 1102, 22035, and 22050 because:
a. The corrugated metal storm drainpipe is a major storm water outfall in the southeast section of the City of Pico Rivera that diverts storm water to the San Gabriel Enclosure 1
7a
RESOLUTION NO. ____
River.
b. This situation has caused damage to public infrastructure and to the adjacent private properties along the storm drain line. It is probable that the City will encounter additional rainy weather before the end of this calendar year, and it is therefore reasonably foreseeable that additional pipe failures may occur.
c. The urgent nature of this repair work and importance of this infrastructure could not accommodate the customary timeline resulting from a competitive solicitation for bids and bid award processes.
d. The situation presented a sudden, unexpected occurrence that posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
SECTION 2. The City Council hereby determines that the declaration of an emergency and award of repair work was appropriate and should continue without the benefit of additional informal or formal bidding.
SECTION 3. The City Council hereby ratifies the work awarded to Sancon Technologies, Inc. (Sancon), and authorizes the City Manager to execute a contract for repair of the storm drain line with Sancon in substantially the form attached hereto as Exhibit “A” and such other ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest to the passage of this resolution, and it shall go immediately in full force and effect.
APPROVED AND PASSED this 22nd day of April, 2025.
___________________________________
John R. Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
CITY OF PICO RIVERA
MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of April 4, 2025, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Vortex Services, LLC, dba Sancon Technologies, a California Corporation (“Contractor”). Contractor’s license number is 1030053; Contractor’s DIR registration number is 2000007099.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the Project identified as Emergency Storm Drain Repair at 9708 Bascom St; (“Project”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated March 25, 2025, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference.
In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra Work, when ordered in writing by the Director of Public Works and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for Extra Work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works. All Extra Work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the Director of Public Works, and signed by both parties; and the daily report shall be considered thereafter the true records of Extra Work done.
3. Term. Contractor shall commence work within 7 days after the City provides Contractor written Notice to Proceed. All work shall be completed for acceptance within 30 days following the delivery of the Notice to Proceed. After issuance of the Notice to Proceed, the City may, at any time and without cause, terminate or suspend the work, or any portion of it, for a reasonable period of time by giving at least 72 hours advance written notice to the Contractor. This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City’s approval, but in no event later than June 30, 2025, unless sooner terminated pursuant to Section 12 or extended by written amendment pursuant Section 35 of this Agreement.
4. Time of Performance.
A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
Enclosure 2
7b
Maintenance Services Agreement
Sancon Technologies
2) City gives Contractor a written Notice to Proceed.
B. Should Contractor begin work in advance of receiving written Notice to Proceed, any such professional services are at Contractor’s own risk.
5. Time. Time is of the essence in this Agreement.
6. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either Party shall be considered a cause to excuse delay pursuant to this Section. Each Party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.
7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed Ninety-Nine Thousand Eight Hundred Dollars ($99,800.00) in accordance with the prices as submitted in Exhibit B.
8. Payments. Contractor shall submit to City an invoice, on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts.
City shall make payments within 30 days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven days after receipt, and shall explain in writing the reason(s) why the payment request is not proper.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.
10. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.
Maintenance Services Agreement
Sancon Technologies
11. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work but shall proceed with the performance of the Work in Dispute. Contractor shall retain any and all rights provided, pertaining to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to this Agreement, and the consideration and payment of such clams, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein.
Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 904 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable.
12. Termination. Contractor acknowledges and accepts that this Agreement is made pursuant to the City’s emergency procurement authority under Pico Rivera Municipal Code Section 3.48.110 and Public Contract Code 22050. As such, the City may terminate this Agreement at any time with or without cause in accordance with the above referenced emergency procurement authority with three (3) days written notice to Contract.
Notwithstanding the preceding, the City may terminate this Contract with or without cause at any time and without penalty upon ten (10) days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.
In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
Maintenance Services Agreement
Sancon Technologies
13. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.
Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, Maintenance Services Agreement
Sancon Technologies
subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 13 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 13 shall survive the expiration or termination of this Agreement.
E. Nonwaiver of Rights. Indemnities do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify against any such negligence.
F. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnities.
14. Insurance Requirements for City of Pico Rivera Public Works Contract.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury and Maintenance Services Agreement
Sancon Technologies
property damage and a general aggregate limit of Two Million Dollars ($2,000,000.00) per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall be required to execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.
Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.
C. Additional Insured. The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Project, regardless of any inconsistent statement in the policy or subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 14 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 14 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
Maintenance Services Agreement
Sancon Technologies
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce, or otherwise modify the insurance policies required by this Section 14 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section 14 is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 14. The endorsements are subject to City’s approval.
Contractor shall provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current insurance certificates and endorsements on file with City’s Risk Manager at all times during the term of this Agreement. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the CITY OF PICO RIVERA and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
Maintenance Services Agreement
Sancon Technologies
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 13 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 14.
L. Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
M. Subcontractors. Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all the Contractor’s insurance policies.
15. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the Parties.
16. Familiarity with Work.
A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of services to be performed;
2) Carefully considered how the services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor Maintenance Services Agreement
Sancon Technologies
will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.
17. Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
A. The presence of any materials that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; B. Subsurface or latent physical conditions at the site differing from those indicated in the Scope of Services;
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement.
Pending determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a Change Order.
In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the Parties.
18. Utilities Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the Scope of Work. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed damages for delay arising from the removal or relocation of such unidentified utility facilities.
Maintenance Services Agreement
Sancon Technologies
19. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference. This Project shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the City.
21. Workers’ Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.”
22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
Maintenance Services Agreement
Sancon Technologies
23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7 or any other Federal or State law providing for the debarment of contractors from public works. If the Contractor of any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
24. Compliance with Laws. Contractor shall comply with all applicable Federal, State and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.
25. Payment Bond. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The Payment Bond shall comply with requirements of California Civil Code § 9554 and issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or such other form approved by the City Attorney and shall remain in effect until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.
26. Substitution of Securities. Pursuant to Public Contracts Code Section 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under the Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this State as the escrow agent, who shall then pay those monies to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.
27. Contractor’s Representations. Contractor represents, covenants and agrees that:
a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of Maintenance Services Agreement
Sancon Technologies
the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.
30. Non-Assignability; Subcontracting. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of the City.
31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.
32. Attorneys’ Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
33. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
Maintenance Services Agreement
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34. Authority. The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.
35. Integration; Amendment. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.
36. Incorporation by Reference. All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, Community Workforce Agreement, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire Agreement between the Parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.
37. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and Integrated Agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both Parties which expressly refers to this Agreement.
38. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the Party who drafted this Agreement or who drafted that portion of this Agreement.
39. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
40. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following Maintenance Services Agreement
Sancon Technologies
deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:
To City:
Noe Negrete, P.E.
Public Works Director / City Engineer
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
To Contractor:
Chuck Parsons
President
Sancon Technologies
5841 Engineer Dr.
Huntington Beach, CA 92649
41. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
42. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures begin on next page]
Maintenance Services Agreement
Sancon Technologies
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year set forth below.
CITY OF PICO RIVERA
By: _______________________________
Steve Carmona, City Manager
ATTEST:
By: ______________________________
Cynthia Ayala, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Arnold M. Alvarez-Glasman,
City Attorney
SANCON TECHNOLOGIES
By: _______________________________
Printed Name: Charles Parsons _________
Title: President ______________________
By: _______________________________
Printed Name: ______________________
Title: ______________________________
BID # BV25155
Date: March 25, 2025
To: City of Pico Rivera
Attention: Adrian Rodriquez
Phone: 562-801-4462 Email: [email protected] Project: 9708 Bascom Storm Drain Lining
Agency: City of Pico Rivera
Based on information furnished to Sancon and our site visit, please find below our proposal to rehabilitate the designated 305’ long section of ex. 30-inch CMP from upstream vault to flood channel with tide gate per the following.
Our proposal includes:
• Confined Space Entry Procedures & Equipment
• Prevailing wage / certified payroll if required, In-Place insurance coverage • High velocity cleaning of pipeline via combination sewer cleaner (see limitations below) • Pre-video of pipeline just prior to lining to confirm and document immediate acceptability for lining. • Invert patching and repairs as required
• Install Sancon CIPP liner at 10.5 mm thickness
• Final video inspection to confirm successful CIPP liner installation Assumptions / Notes:
• If liner is wetout per agreed schedule and is not installed within 5 days, Costs for liner will be borne by customer. • Due to site conditions and the impossibility of field pipe diameter verification, GC / Agency will assume all responsibility for determination of the host pipe diameter • LADPW flood control access is required on road above and in the channel itself. Disposal of debris from pipe cleaning will be the responsibility of the City. Two days of cleaning at 8 hours onsite are included in the pricing shown below.
Cleaning beyond this will be at the hourly rate shown below. Liner cannot be ordered until the pipe is clean and confirmed linable unless the City accepts the risk to order the liner before cleaning is complete. Debris containment within the channel will be best efforts and does not include any testing or environmental measures. • Normal working hours M – F 7 AM to 5PM
• City to provide a mobile water meter or similar source for our work • City to coordinate safe and legal drive-up access to flood channel as required for our work • Assumes pipe to be lined is generally round and acceptable for lining no video is provided • Due to pipe material fins, wrinkles and other anomalies will be present in final cured liner. • Proposal is subject to mutually acceptable contract language and must be incorporated in any subsequent contract/purchase order
This proposal excludes:
• BMP’s, Survey and Staking, Preparing As-builts, removal of bolts securing flap gate shut • Removal of mineral or other hard deposits, lining over active water infiltration, root removal, Later reinstatement • TC Plans, permits or drawings or traffic control exceeding cones and signs • Excavation type point repairs of any kind, if required, including pit construction / restoration. • Environmental testing or Controls
Pricing: CIPP Liner and Installation of same: $68,710.00 (lump Sum) Pipe cleaning as detailed above: $31,090.00 (lump Sum)
STANDBY OR WORK OUTSIDE OF OUR SCOPE WILL BE BILLED AT $350.00 / MANHOUR WHICH IS INCLUSIVE OF EQUIPMENT. PRICE IS BASED ON ONE MOBILIZATION.
ADDITIONAL MOBILIZATIONS BILLED AT: $6,950.00 EACH. SANCON SHALL NOT BE RESPONSIBLE FOR LIQUIDATED DAMAGES OR PENALTY DUE TO DELAY BY OTHERS. BOND, IF REQUIRED, WOULD ADD 1% TO TOTAL BID PRICE. PRICE IS BASED ON RETENTION BEING WITHHELD A MAXIMUM OF 90 DAYS AFTER COMPLETION OF OUR WORK. PRICE IS FIRM FOR A PERIOD OF THIRTY DAYS FROM RECEIPT. PAYMENT TERMS NET 30 DAYS OR PER CONTRACT.
Respectfully Submitted, Accepted By:___________________ Date: ________________
Chuck Parsons
Sancon Technologies PO:_______________
EXHIBIT A/B
Exhibit C
EXHIBIT C
Terms for Compliance with California Labor Law Requirements
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate Exhibit C
payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply, subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that each Exhibit C
subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.
Exhibit D
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. __________
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of PICO RIVERA (“Public Agency”), State of California, has awarded to `
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows Emergency Storm Drain Repair at 9708 Bascom St, Pico Rivera WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _________________________________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Exhibit D
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
“Surety”
By:
Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Enclosure 3
7c
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: CONSTRUCTION CHANGE ORDERS NO. 4, 5 AND 6 FOR THE
ROSEMEAD BOULEVARD MEDIAN AND PARKWAY
BEAUTIFICATION PROJECT – CIP NO. 50076, CCL-5351(042)
Recommendation:
1. Approve Construction Change Orders No. 4, 5 and 6 in the total amount not-toexceed of $192,975.31 for the Rosemead Boulevard Median and Parkway Beautification Project, CIP No. 50076 (Project), for a new total not-to-exceed construction contract amount of $4,667,051; and
2. Authorize the City Manager or his designee to execute Construction Change Orders No. 4, 5 and 6 for the Project.
Fiscal Impact:
The fiscal year (FY) 2024-25 Adopted Budget includes sufficient funding for the Rosemead Boulevard Median and Parkway Beautification Project, CIP No. 50076. No additional appropriations are needed at this time.
Discussion:
On October 10, 2023, the City Council awarded a construction contract in the amount of $4,025,412.55 to Urban Habitat for the Project and authorized the City Manager to process change orders in an amount not-to-exceed $550,000.
During construction, crews discovered an unforeseen condition: existing asphalt beneath the project medians. This unexpected discovery hindered the installation of several key project components, including the irrigation system, tree planting, foundations for artistic features, and solar lighting.
To assess the extent of this issue, initial exploratory work was conducted, followed by partial asphalt removal and the removal of existing trees whose root systems interfered with planned improvements. These tasks were addressed through Construction 8 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 CONSTRUCTION CHANGE ORDERS NO. 4, 5 AND 6 FOR THE ROSEMEAD BOULEVARD MEDIAN AND PARKWAY BEAUTIFICATION PROJECT – CIP NO. 50076, CCL-5351(042)
Change Orders Nos. 1, 2, and 3. Those three (3) Changes Orders were approved by the City Manager as authorized at the time the contract was awarded.
However, the amount of asphalt present was significantly greater than anticipated, necessitating additional work beyond the original change orders. Consequently, Construction Change Orders Nos. 4, 5, and 6 are necessary to continue progress on the project. The construction change orders total $192,975 and cover the cost of the additional asphalt removal, interchanging the decomposed granite color, removal of underground concrete obstruction for the installation of solar pole footings and sidewalk installation around the wayfinding signs to comply with American with Disabilities Act requirements.
The current Project budget includes sufficient funding to cover contract Change Order Nos. 4, 5, and 6.
Summary of Project Construction Change Orders (CCO):
Original Contract Amount $4,025,412.55
CCO No. 1 $56,232.00
CCO No. 2 $50,997.79
CCO No. 3 $341,335.50
CCO No. 4 $118,302.41
CCO No. 5 $15,133.10
CCO No. 6 $ 59,539.80
TOTAL AMOUNT: $4,666,953.15
Conclusion:
Staff recommends that the City Council approve Construction Change Order Nos. 4, 5, and 6 for the Project and authorizes the City Manager, or his designee, to execute the construction change orders on behalf of the City.
Steve Carmona
SC:NN:GE:NC:np
Enclosure: 1) Construction Change Order Nos. 4, 5 and 6 Enclosure 1
8a
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2024
Subject: CITY HALL ELECTRIC VEHICLE CHARGING STATION
PROJECT (CIP NO. 50010) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for the City Hall Electric Vehicle Charging Station Project - CIP No. 50010 (Project) constructed by Reliable Monitoring Services, and authorize the City Clerk to file the Notice of Completion (NOC) with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to Reliable Monitoring Services following the mandatory waiting period from the date the NOC is recorded.
Fiscal Impact:
Funding for the project consisted of Air Quality Fund (Fund 200) in the amount of $254,750 and MSRC Grant (Fund 699) in the amount of $83,500 for a total of $338,250.
The Project was completed at an approximate cost of $316,587, resulting in an unused balance of $21,663, which will be unencumbered and made available for future capital projects.
Discussion:
On August 31, 2022, the City of Pico Rivera (City) entered into an agreement with Southern California Edison (SCE) to participate in the Charge Ready Charging Infrastructure and Rebate Program. Through this program, SCE provided design and construction of the power source for the proposed Electric Vehicle Charging Stations, at no cost to the City. A program requirement was the installation of at least 12 Level II charging ports. To meet this, the City procured six (6) dual-output charging stations in advance of awarding the construction contract.
9 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 CITY HALL ELECTRIC VEHICLE CHARGING STATION PROJECT (CIP NO. 50010) –
NOTICE OF COMPLETION
On June 27, 2023, the City Council awarded a construction contract to Reliable Monitoring Services in the amount of $160,710. Two (2) change orders were issued, totaling $20,021:
• Change Order No. 1: Removal of two (2) interfering trees, planting of one (1) new tree and eight (8) shrubs, and installation of eight (8) bollards around the switchgear (as required by SCE).
• Change Order No. 2: Added reinforcement to the electrical switchgear foundation.
The final construction cost, not including charging station procurements and other project delivery costs, totaled $180,731. The following is a summary of the Project total funding and expenditures:
Project Funding Budget
Air Quality Fund 200 $254,750
MSRC Grant Fund 699 $83,500
Total $338,250
Project Expenditures Cost
Design $87,420
Procurement six (6) dual output charging stations $25,382 Construction Contract $160,710
Construction Change Orders Nos. 1 and 2 $20,021
Project and Construction Management $16,980
Project Administration $6,074
Total Project Expenditures $316,587
Conclusion:
Staff recommend accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and authorizing the release of the retention payment to Reliable Monitoring Services following the statutory waiting period.
Steve Carmona
SC:NN:GE:np
Enclosure: 1) Notice of Completion
RECORDING REQUESTED BY
NAME: ____________________________________________________ WHEN RECORDED MAIL TO:
NAME: _________________________________________________ ADDRESS: _________________________________________________ CITY / STATE / ZIP: ____________________________________________ (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER’S USE)
____________________________________________________________________________________ (DOCUMENT TITLE)
SEPARATE PAGE, PURSUANT TO CA. GOV’T. CODE 27361.6
Enclosure 1
9a
2. The full name of the owner is
3. The full address of the owner is
4. The nature of the interest or estate of the owner is: in fee.
NAMES ADDRESSES
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on The work done was:
8. The names of the contractor, if any, for such work of improvements was
9. The property on which said work of improvement was completed is in the City of County of , State of , and is described as follows:
10. The street address of said property is:
City of Pico Rivera
Dated:
City Manager,
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) I, the undersigned, say: I am the ___________________________, the Declarant of the foregoing Notice of Completion; I have (President of, Manager of, Partner of, Owner of, Etc.)
read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ___________________________, 20___ at ________________________________, __________.
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements therein reffered to:
(If no street address has been officially assigned, insert "none".) (Signature of Owner or coporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. (If other than Fee, strike "in fee" and insert, for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2024
Subject: TELEGRAPH ROAD BRIDGE GUARDRAIL REPAIR PROJECT (CIP NO. 50119) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for Telegraph Road Bridge Guardrail Repair Project - CIP No. 50119 (Project) constructed by Riverside Construction and authorize the City Clerk to file the Notice of Completion (NOC) with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to Riverside Construction following the mandatory waiting period from the date the NOC is recorded.
Fiscal Impact:
An appropriation of $375,000 was allocated to the Telegraph Road Bridge Repair Project (CIP No. 50119), GL Account No. 105.70.7300-54500.CIP50119 (Contracted Services). The project involved repairs stemming from two separate traffic accidents.
The cost of repairs for accident no. 1 totaled $145,942, plus staff administration.
Reimbursement will be requested from the insurance provider of the at-fault party.
Repairs related to accident no. 2 amounted to $151,893, plus staff administration. As the responsible party for this incident has not been identified, the City of Pico Rivera (City) will seek partial reimbursement—27% from the City of Downey and 23% from the City of Commerce pursuant to the existing cooperative agreement governing maintenance responsibilities per the shared jurisdiction of the bridge. The project was completed within budget at an approximate total cost of $298,070.
Discussion:
Accident No. 1
On August 5, 2024, a semi-truck veered off the roadway, causing damage to the vehicular guardrail and fencing on the Telegraph Road Bridge over the Rio Hondo Channel (California Highway Patrol Traffic Crash Report No. 924-10213-0247-472). In 10 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 TELEGRAPH ROAD BRIDGE GUARDRAIL REPAIR PROJECT (CIP NO. 50119) –
NOTICE OF COMPLETION
response, the City’s Public Works staff promptly secured the area by removing debris, installing traffic control devices, and closing the southern sidewalk.
Accident No. 2
On December 18, 2024, additional guardrail damage was discovered in a separate section of the bridge. This area was also secured by City’s Public Works staff. The damage is believed to have resulted from a hit-and-run incident, as no corresponding accident report has been filed.
The Telegraph Road Bridge lies within the jurisdictions of three cities: Pico Rivera, Downey, and Commerce. A cooperative agreement designates the City of Pico Rivera as the lead agency responsible for managing bridge repairs. Associated costs are to be shared proportionally based on jurisdictional boundaries: 50% City of Pico Rivera, 27% City of Downey, and 23% City of Commerce.
In accordance with this agreement, the City is managing and front-funding the repairs.
The City is actively pursuing an insurance claim related to accident no. 1 through the trucking company’s provider. Costs associated with accident no. 2, which are not covered by insurance, will be apportioned among the three (3) cities based on the agreed cost-sharing percentages.
The table below summarizes the total project budget and expenditures:
Project Funding Budget
GL Account No. 105.70.7300-54500.CIP50119 $375,000
Total $375,000
Project Expenditures Cost
Construction Repair – Accident No. 1 $145,942
Construction Repair – Accident No. 2 $151,893
Staff Administration $235
Total Project Expenditures $298,070
Conclusion:
Staff recommend approving the project as complete, filing the Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and authorizing the release of the retention payment to Riverside Construction after the required statutory waiting period.
Steve Carmona
SC:NN:GE:np
Enclosures: 1) Notice of Completion
RECORDING REQUESTED BY
NAME: ____________________________________________________ WHEN RECORDED MAIL TO:
NAME: _________________________________________________ ADDRESS: _________________________________________________ CITY / STATE / ZIP: ____________________________________________ (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER’S USE)
____________________________________________________________________________________ (DOCUMENT TITLE)
SEPARATE PAGE, PURSUANT TO CA. GOV’T. CODE 27361.6
10a
2. The full name of the owner is
3. The full address of the owner is
4. The nature of the interest or estate of the owner is: in fee.
NAMES ADDRESSES
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on The work done was:
8. The names of the contractor, if any, for such work of improvements was
9. The property on which said work of improvement was completed is in the City of County of , State of , and is described as follows:
10. The street address of said property is:
City of Pico Rivera
Dated:
City Manager,
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) I, the undersigned, say: I am the ___________________________, the Declarant of the foregoing Notice of Completion; I have (President of, Manager of, Partner of, Owner of, Etc.)
read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ___________________________, 20___ at ________________________________, __________.
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements therein reffered to:
(If no street address has been officially assigned, insert "none".) (Signature of Owner or coporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. (If other than Fee, strike "in fee" and insert, for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2024
Subject: WASHINGTON BOULEVARD BRIDGE REPAIR PROJECT (CIP NO. 50120) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for the Washington Boulevard Bridge Repair Project - CIP No. 50120 (Project) constructed by Griffith Construction Company and authorize the City Clerk to file the Notice of Completion (NOC) with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to Griffith Construction Company following the mandatory waiting period from the date the NOC is recorded.
Fiscal Impact:
The Washington Boulevard Bridge Repair Project was completed at an estimated cost of $292,358. Funding included $246,000 from the Unassigned General Fund Balance (Account No. 100.98.9800-56900), allocated to cover projected expenses (Account Nos. 400.00.0000-47900 and 400.70.7300.54500-CIP50120). An additional $82,000 was appropriated from the Proposition C Fund (Account No. 206.70.7300.54500-CIP50120), bringing the total project budget to $328,000.
A portion of the project cost is expected to be reimbursed by Urban Habitat, the contractor for the Major Corridor Beautification Project (CIP No. 50075). The City of Pico Rivera (City) also plans to pursue partial reimbursements from the design firm MIG and the inspection firm Willdan Engineering. Additionally, the City is anticipated to contribute a share of the total cost. Final reimbursement amounts from all parties are still pending and in negotiations.
Discussion:
On August 7, 2024, the reinforced concrete deck of the Washington Boulevard Bridge over the Rio Hondo Channel was damaged when a contractor working on the Major 11 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 WASHINGTON BOULEVARD BRIDGE REPAIR PROJECT (CIP 50120) – NOTICE OF
COMPLETION
Corridor Beautification Project (CIP No. 50075) saw-cut a hole in the bridge deck.
Immediately following the incident, the City’s Public Works crews secured the area by placing a steel plate cover, installing caution devices and message arrow boards, and closing the westbound left-turn-only lane onto Bluff Road. These safety measures remained in place until the bridge repairs were constructed in March 2025.
The bridge repair was essential to maintain the integrity of the existing structure and to support future detours during the construction of the planned bridge replacement project (CIP No. 21285).
Located within the jurisdictions of both Pico Rivera and Montebello, the City took the lead in managing and front-funding the repairs. As previously noted, the City will contribute a share of the total project cost and is actively pursuing reimbursements from Urban Habitat (the Major Corridor Beautification contractor), MIG (design firm), and Willdan Engineering (inspection firm). Final reimbursement amounts are still being determined.
Due to the urgent nature of the situation, Public Works staff initiated emergency repair protocols and solicited bids from three (3) qualified bridge contractors of the responses received, two (2) bids were received, with Griffith Construction Company providing the lowest bid in the mount of $243,112. The City Manager authorized construction to proceed on an emergency basis, pending City Council approval. On January 28, 2025, the City Council formally awarded the construction contract to Griffith Construction Company.
Only one (1) change order was approved during construction, totaling $12,846.08. The project was completed within budget and in full compliance with specifications. The bridge reopened for operations on March 17, 2025, and the final construction cost paid to Griffith Construction Company was $255,958.30.
A summary of the total project budget and expenditures is provided in the table below:
Project Funding Budget
General Fund (Fund 400) $246,000
Prop C (Fund 206) $82,000
Total Project Funding $328,000
Project Expenditures Cost
Design $9,995
Construction Repairs $255,958
Construction Management, Inspection and Labor
Compliance Services
$21,400
Project Administration $5,005
Total Project Expenditures $292,358
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
WASHINGTON BOULEVARD BRIDGE REPAIR PROJECT (CIP 50120) – NOTICE OF
COMPLETION
Conclusion:
Staff recommend approving the project as complete, filing the Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and authorizing the release of the retention payment to Griffith Construction Company after the required statutory waiting period.
Steve Carmona
SC:NN:AHT:np
Enclosure: 1) Notice of Completion
RECORDING REQUESTED BY
NAME: ____________________________________________________ WHEN RECORDED MAIL TO:
NAME: _________________________________________________ ADDRESS: _________________________________________________ CITY / STATE / ZIP: ____________________________________________ (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER’S USE)
____________________________________________________________________________________ (DOCUMENT TITLE)
SEPARATE PAGE, PURSUANT TO CA. GOV’T. CODE 27361.6
Enclosure 1
11a
2. The full name of the owner is
3. The full address of the owner is
4. The nature of the interest or estate of the owner is: in fee.
NAMES ADDRESSES
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on The work done was:
8. The names of the contractor, if any, for such work of improvements was
9. The property on which said work of improvement was completed is in the City of County of , State of , and is described as follows:
10. The street address of said property is:
City of Pico Rivera
Dated:
City Manager,
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) I, the undersigned, say: I am the ___________________________, the Declarant of the foregoing Notice of Completion; I have (President of, Manager of, Partner of, Owner of, Etc.)
read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ___________________________, 20___ at ________________________________, __________.
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements therein reffered to:
(If no street address has been officially assigned, insert "none".) (Signature of Owner or coporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. (If other than Fee, strike "in fee" and insert, for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: THIRD QUARTER TREASURER’S REPORT AND THE
MONTHLY INVESTMENT TRANSACTION REPORT AS OF
MARCH 31, 2025 – FISCAL YEAR 2024-2025
Recommendation:
1. Receive and file the Treasurer’s Report for the quarter ending March 31, 2025, which represents balances and activities for the third quarter (January through March) of the 2024-25 fiscal year; and
2. Receive and file the Treasurer’s Monthly Investment Transaction Report as of March 31, 2025.
Fiscal Impact:
There is no fiscal impact to the General Fund from this item. On a quarterly basis, the Administrative Services Department staff allocates the appropriate interest income to the various funds. This shows as revenues to the respective funds.
Discussion:
The Treasurer's Report (Enclosure 1) provides a synopsis of cash and investment activity for the City of Pico Rivera’s (City) cash and investment portfolio for the fiscal year (FY) 2024-25 third quarter ending March 31, 2025. The report provides information on assets, allocations, average maturities, yields, and valuations for each of the three (3) portfolios.
A discussion of market conditions is included to give additional perspective to these measurements.
As of March 31, 2025, the City's cash and investment portfolios are in full compliance with the City's Investment Policy, California Government Code Section 53601, and have sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City's expenditure requirements. The paragraphs below provide a summary of the investment results from the third quarter.
Total Pooled Cash and Investments during the quarter totaled $125,567,656. The aggregate amount consisted of $3,559,801 in the City’s operating accounts with its 12 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
banking partner Commercial Bank of California (CBC), $15,906,599 with CBC Insured Cash Sweep (ICS) Account, $71,829,889 in the State Treasurer’s Local Agency Investment Fund (LAIF) and $34,271,366 managed by Chandler Asset Management (Chandler). The City also had $1,935,350 held by various Trustee Accounts, all related to the City’s bond issues (1999 Water Revenue Bonds, etc.).
The 2018 Certificates of Participation, Series A, managed by Wilmington Trust, have an ending balance of $2,860,194, representing the remaining unspent proceeds. These funds have been invested in Money Market Funds to ensure both stable returns and liquidity.
The Pico Rivera Innovative Municipal Energy (PRIME), an Enterprise Fund, has two (2) bank accounts managed by River City Bank (RCB). The first account, the RCB ICS account, receives and records investment income. It has an ending balance of $17,521,722 as of March 31, 2025. The second account, the Public Fund account, receives Electronic Data Interchange collection payments and executes vendor payments for energy purchases. As of March 31, 2025, the Public Fund account had an ending balance of $1,295,037.
Chandler Asset Management Managed Portfolio
The City entered into a discretionary investment advisory agreement in December 2017 with Chandler, a Securities and Exchange Commission registered investment advisor, to manage a portion of the City's portfolio in a disciplined, active manner that complies with the City's investment policy and stated objectives of safety, liquidity, and yield. After a detailed consultation with Chandler's investment team, the City selected the Limited Maturity investment strategy, benchmarked against the Bank of America Merrill Lynch 1- 3 Year US Treasury & Agency Index. The strategy invests in a well-diversified portfolio of high-quality fixed-income securities. To maintain compliance with the City's investment policy, Chandler continues to invest in securities that reflect the guidelines set forth in the City's Investment Policy.
To ensure the portfolio's safety, investments with the highest credit quality are selected.
The Chandler Managed Portfolio is comprised primarily of Treasury Securities and Federal Government-sponsored entity debt, otherwise known as federal agency securities. Federal agency securities continue to be regarded as among the safest securities in the global market. Two (2) of the government-sponsored agencies, the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), remain under conservatorship and carry an implicit guarantee by the Federal Government. In addition, both are carefully monitored by the City’s Treasurer to ensure the continued safety of the City’s funds.
The Portfolio Holding Report (Table 1) reflects the types of security holdings in the City’s investment fund. The market value of the March 31, 2025, portfolio is $34,271,366, an increase of $563,352 from the market value of $33,708,014 on December 31, 2024. In the period ending March 31, 2025, the portfolio held a diverse set of investments, holding CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
eight (8) different security types. The largest security holding consists of Treasury Securities of $14,971,960. These Treasury Securities are one of the highest-quality debt instruments.
The Portfolio Holdings Report also provides the portfolio’s Par values (nominal value of a bond); Book yield (Internal Rate of Return); Book value (value of a security); Market YTM (long-term bond yield); Market value (amount security can be sold on a given market); Accrued interest (interest earned); Total portfolio (Market value plus accrued interest); and finally, Modified Duration (bond sensitivity of price that may change in interest rates during duration).
Table 1 - Portfolio Holding Report
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CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
The Investments by Type chart (Chart 1) reflects the makeup of the portfolio holdings by security type. The portfolio holds 44% in US Treasuries (government treasury bonds, notes, and bills), 26% in corporate medium-term notes, 6% of total investments in federal agency securities, 10% in asset-backed securities, and 10% in agency commercial mortgage-backed securities, which are backed by a pool of assets. The remaining investments are in supranational securities, money market funds, and cash reserves.
Chart 1 - Investments by Type
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CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
The Investment Rating chart (Chart 2) illustrates the investment grade of the portfolio’s holdings. This rating provides the City with assurance regarding the quality and risk associated with the holdings’ investment grade. As the chart below demonstrates, 97.6% of the total portfolio consists of investments rated “A” or higher. As of March 31, 2025, the portfolio experienced a slight decrease in this rating of 0.4% from December 31, 2024.
Agency bonds and securities normally carry the same rating as the U.S. government, which is currently rated at AAA, AA+, and AA+ by Moody’s, S&P, and Fitch Ratings, respectively. Staff will continue to monitor and work with Chandler to ensure the City’s investment portfolio is sound.
Chart 2 - Investment Ratings
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CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
The City’s portfolio remains highly rated, liquid, and well-positioned to withstand economic uncertainties. The market continued to experience volatility during the quarter, as the market absorbed the uncertainty surrounding the effects of fiscal policy. Recent economic data suggests slower growth in 2025. Some components of inflation have remained sticky as core Personal Consumption Expenditures levels remain above the Federal Reserve’s (Fed) 2% inflation target. Over the third quarter of FY 2024-25, US Treasury yields declined, driven by slowing economic growth and higher inflation expectations.
Local Agency Investment Funds (LAIF)
The Pico Rivera Pooled Investment Portfolio is invested in LAIF to manage liquidity. The LAIF December 31, 2024, market value represents a total of $69,018,790, and the March 31, 2025, market value of $71,829,889. The balance increased by $2.8 million compared to the previous quarter. This increase was primarily due to net transfers of $2.1 million from the City’s operating bank account with CBC to LAIF in January, along with $711,000 in interest earned. Most of these transfers were attributed to sales tax revenues of $1.8 million.
The City participates in the State of California LAIF portfolio program. The program consists of local agencies participating in a large portfolio to invest using the State Treasurer's Office for investments at no additional cost to the taxpayer. The Local Investment Advisory Board (LIAB) provides oversight for LAIF.
LAIF administrative costs are minimal and assessed quarterly. The Government Code states that administrative costs may not exceed 5% of the fund's quarterly earnings. The characteristics of the LAIF portfolio reflect minimal credit risk and safety in investing in high-quality securities. LAIF funds are protected by statutes and are not borrowable.
Graph 1 shows the comparison of LAIF to the City’s portfolio managed by Chandler, highlighting the differences in investment security types and portfolio duration. Whereas LAIF takes a more conservative approach and focuses on securities with shorter average maturity, LAIF and Chandler follow similar investment guidelines for safety, liquidity, and return.
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CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
Graph 1 – LAIF and CAM from
March 2018 through March 2025
Staff has continuously monitored the City’s investment portfolio and performance on an ongoing basis. As shown in Graph 1 above, the yield of the Chandler-managed portfolio has historically outperformed the yield experienced from our LAIF portfolio until September 2022, wherein the market yield curve inverted. This stems from LAIF having a shorter weighted-average maturity than the Chandler-managed portfolio, so it responds more quickly to rises and falls in market yields. The Chandler-managed portfolio yield rates are locked in for an extended period through the reinvestment and purchase of longer-duration securities. During the third quarter of this fiscal year, the Chandlermanaged portfolio reinvested $3.0 million in investment income and maturing securities at an average purchase yield of 4.44%.
Commercial Bank of California Insured Sweep Account
As part of the staff’s commitment to the City’s stated objectives of safety, liquidity, and yield, staff continuously researches alternative investment opportunities to enhance the City’s investment portfolio. Staff explored various options to diversify the City’s investment portfolio, aiming for greater flexibility in managing future interest fluctuations.
Following this research, the City established an ICS account with its banking partner, CBC, in August 2023. This investment account aligns with the City’s commitment to prioritizing safety by mitigating credit risk and reinforcing safety through placing operational funds in short-term securities. The account also enhances the City’s liquidity, CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
THIRD QUARTER TREASURER’S REPORT AND THE MONTHLY INVESTMENT TRANSACTION REPORT AS OF MARCH 31, 2025 – FISCAL YEAR 2024-2025
providing same-day liquidity to meet its short-term obligations and capitalizing on the current interest rates, safeguarding our long-term investments.
As of March 31, 2025, the ICS account had an ending balance of $15,906,599, compared to $14,144,538 on December 31, 2024. The balance increased by $1.7 million compared to the previous quarter. This increase was primarily due to net transfers from the City’s operating bank account with CBC to the ICS account in January, February, and March.
Most of these transfers were attributed to $1.1 million in property tax revenue and $0.5 million in business license revenue.
Monthly Investment Transaction Report
Per the City’s Investment Policy approved by the City Council on June 11, 2024, the City Treasurer submits a monthly investment transaction report to the City Council within 45 days of the end of the reporting period in accordance with California Government Code Section 53607.
The monthly investment transactions summary updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending March 31, 2025. The statements enclosed include transactions of the City’s investments with LAIF, Chandler, and Commercial Bank of California (Enclosures 2, 3, and 4).
Conclusion:
All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy for FY 2024-25. The City Treasurer/Director of Administrative Services certifies that the funds are invested to provide sufficient cash flow for a period of six (6) months. Staff recommends receiving and filing the Treasurer’s Report for the quarter ending March 31, 2025, which represents balances and activities for the third quarter (January through March) of FY 2024-25 and the Treasurer’s Monthly Investment Transaction Report as of March 31, 2025.
Steve Carmona
SC:JG:JA:YL:ep
Enclosures: 1) Treasurer’s Report for the Third Quarter Ending March 31, 2025. 2) LAIF Statement for the Month Ending March 31, 2025.
3) Chandler Asset Management Transaction Ledger for the Month Ending March 31, 2025.
4) Commercial Bank of California Insured Cash Sweep Statement for the Month Ending March 31, 2025.
CITY OF PICO RIVERA
TREASURER'S REPORT3RD QTR JAN 2025 - MAR 2025TYPE OF INVESTMENT Interest Rate Issuer Reporting Date Investment Income Ending Balance Source of Market ValuationCommercial Bank of California (CBC) Demand Deposits 0.05% CBC 3/31/2025 148 3,559,801 CBC StatementsCBC Insured Cash Sweep (ICS) Account 4.30% CBC 3/31/2025 162,035 15,906,599 CBC ICS Statement Local Agency Investment Fund (LAIF) 4.62% LAIF 3/31/2025 - 71,829,889 LAIF Statements Chandler Investments* 4.16% Chandler Investments 3/31/2025 339,305 34,271,366 Chandler Portfolio Summary TOTAL CASH & INVESTMENTS: Exclude Water Fund 550 TOTAL CASH & INVESTMENTS: 501,488 125,567,656 Revenue Bonds, 1999 Bond Fund Water Authority 122073-001 US Bank 3/31/2025 107 20,445 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-002 US Bank 3/31/2025 809 160,188 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-003 US Bank 3/31/2025 8,905 1,150,417 US Bank/RECON Statements Revenue Bonds, 1999 Water Rate Stabilization 122073-011 US Bank 3/31/2025 5,990 600,000 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-001 US Bank 3/31/2025 6 55 US Bank/RECON Statements Revenue Bonds, 2021 Tax Allocation Refunding Bonds 245558-002 US Bank 3/31/2025 457 4,245 US Bank/RECON Statements TOTAL FISCAL AGENT (TRUSTEE) INVESTMENTS TOTAL (TRUSTEE) INVESTMENTS: 16,274 1,935,350 TOTAL CASH & TRUSTEE INVESTMENTS: 517,763 127,503,005
Dividends Ending Balance
2018 COPS 130877 Wilmington Trust 3/31/2025 51,156 2,860,194 Wilmington Trust Statement TOTAL 2018 COPS: 51,156 2,860,194
ENTERPRISE FUNDS Interest earned Ending Balance River City Bank (PRIME) River City Bank ICS Account 3/31/2025 181,990 17,521,722 River City Bank River City Bank (PRIME) River City Bank Operating Account 3/31/2025 - 1,295,037 River City Bank TOTAL RIVER CITY BANK: 181,990 18,816,759
Jane GuoDirector of Administrative Services and City Treasurer, City of Pico Rivera I certify that this investment portfolio is in conformity with the Investment Policy of the City of Pico Rivera. The investment Program provides sufficient liquidity to meet a minimum of the next six month's estimated expenditures. * Average Purchase Yield: The average yield on an investment or a portfolio is the sum of all interest, dividends, or other income that the investment generates, divided by the age of the investment or the length of time the investor has held it.
Enclosure 1
12a
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
April 01, 2025
LAIF Home
PMIA Average Monthly
Yields
CITY OF PICO RIVERA
DIRECTOR OF FINANCE/ADMINISTRATIVE SVCS
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 98-19-653
March 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 60,995,997.10
Total Withdrawal: 0.00 Ending Balance: 60,995,997.10
4/1/25, 7:22 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Enclosure 2
12b
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
April 01, 2025
LAIF Home
PMIAAverage Monthly
Yields
CITY OF PICO RIVERA
COVID RELIEF EMERGENCY ACCOUNT
DIR OF FINANCE/ADMIN SERVICES
6615 PASSONS BLVD
PICO RIVERA, CA 90660
Account Number: 19-19-007
March 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 10,833,892.27
Total Withdrawal: 0.00 Ending Balance: 10,833,892.27
4/1/25, 7:23 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Settlement Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount 3/1/2025 Other Transactions Principal Paydown FHMS K-054 A2 2.745 01/25/2026 - - 1,062.48 - 1,062.48 3/1/2025 Other Transactions Principal Paydown FHMS K-069 A2 3.187 09/25/2027 - - 969.24 - 969.24 3/1/2025 Other Transactions Coupon FHMS K-054 A2 2.745 01/25/2026 - - - - 1,079.23 3/1/2025 Other Transactions Coupon FHMS K-063 A2 3.43 01/25/2027 - - - - 928.963/1/2025 Other Transactions Coupon FHMS K-069 A2 3.187 09/25/2027 - - 0.01 - 1,312.36 3/1/2025 Other Transactions Coupon FHMS K-073 A2 3.35 01/25/2028 - - - - 1,312.083/1/2025 Other Transactions Coupon FHMS K-081 A2 3.9 08/25/2028 - - - - 503.75 3/1/2025 Other Transactions Coupon FHMS K-082 A2 3.92 09/25/2028 - - - - 620.67 3/1/2025 Other Transactions Coupon FHMS K-083 A2 4.05 09/25/2028 - - - - 776.25 3/1/2025 Other Transactions Coupon FHMS K-085 A2 4.06 10/25/2028 - - - - 930.42 3/1/2025 Other Transactions Coupon FHMS K-090 A2 3.422 02/25/2029 - - - - 941.05 3/1/2025 Other Transactions Coupon FHMS K-746 A2 2.031 09/25/2028 - - - - 710.85 3/7/2025 Other Transactions Management Fee Cash 2,682.95 - 2,682.95 - (2,682.95) 3/9/2025 Other Transactions Coupon WALMART INC 3.9 09/09/2025 - - - - 1,365.00 3/9/2025 Other Transactions Coupon MASTERCARD INC 4.875 03/09/2028 - - - - 9,750.00 3/10/2025 Other Transactions Coupon FEDERAL HOME LOAN BANKS 4.5 03/10/2028 - - - - 9,562.50 3/15/2025 Other Transactions Principal Paydown JDOT 2021-B A3 0.52 03/16/2026 - - 3,246.36 - 3,246.36 3/15/2025 Other Transactions Principal Paydown TAOT 2021-D A3 0.71 04/15/2026 - - 2,832.43 - 2,832.43 3/15/2025 Other Transactions Principal Paydown JDOT 2022-B A3 3.74 02/16/2027 - - 5,103.62 - 5,103.623/15/2025 Other Transactions Principal Paydown MBART 2023-1 A3 4.51 11/15/2027 - - 5,152.41 - 5,152.413/15/2025 Other Transactions Principal Paydown HART 2023-A A3 4.58 04/15/2027 - - 10,322.18 - 10,322.18 3/15/2025 Other Transactions Principal Paydown HAROT 2022-1 A3 1.88 05/15/2026 - - 5,870.83 - 5,870.83 3/15/2025 Other Transactions Principal Paydown JDOT 2022 A3 2.32 09/15/2026 - - 2,462.50 - 2,462.503/15/2025 Other Transactions Principal Paydown JDOT 2022-C A3 5.09 06/15/2027 - - 9,909.96 - 9,909.963/15/2025 Other Transactions Coupon JDOT 2021-B A3 0.52 03/16/2026 - - - - 2.443/15/2025 Other Transactions Coupon TAOT 2021-D A3 0.71 04/15/2026 - - - - 4.39 3/15/2025 Other Transactions Coupon AMXCA 2022-2 A 3.39 05/17/2027 - - - - 678.003/15/2025 Other Transactions Coupon JDOT 2022-B A3 3.74 02/16/2027 - - - - 176.84 3/15/2025 Other Transactions Coupon HOME DEPOT INC 4.0 09/15/2025 - - - - 9,400.00 3/15/2025 Other Transactions Coupon MBART 2023-1 A3 4.51 11/15/2027 - - - - 275.973/15/2025 Other Transactions Coupon UNITED STATES TREASURY 4.625 03/15/2026 - - - - 11,562.50 3/15/2025 Other Transactions Coupon HART 2023-A A3 4.58 04/15/2027 - - - - 469.48 3/15/2025 Other Transactions Coupon AMXCA 2023-1 A 4.87 05/15/2026 - - - - 527.58 3/15/2025 Other Transactions Coupon CHAIT 2023-1 A 5.16 09/15/2028 - - - - 1,483.503/15/2025 Other Transactions Coupon JDOT 2023-C A3 5.48 05/15/2028 - - - - 1,438.50 3/15/2025 Other Transactions Coupon AMXCA 2023-3 A 5.23 09/15/2028 - - 0.01 - 1,503.62 3/15/2025 Other Transactions Coupon HAROT 2022-1 A3 1.88 05/15/2026 - - - - 49.48 3/15/2025 Other Transactions Coupon JDOT 2022 A3 2.32 09/15/2026 - - - - 45.63 3/15/2025 Other Transactions Coupon JDOT 2022-C A3 5.09 06/15/2027 - - - - 603.39 3/15/2025 Other Transactions Coupon TAOT 2024-A A3 4.83 10/16/2028 - - - - 684.25 3/15/2025 Other Transactions Coupon MBALT 2024-B A3 4.23 02/15/2028 - - 0.01 - 475.88 3/15/2025 Other Transactions Coupon HART 2024-C A3 4.41 05/15/2029 - - 0.01 - 532.883/16/2025 Other Transactions Principal Paydown GMCAR 2023-2 A3 4.47 02/16/2028 - - 5,731.92 - 5,731.92 3/16/2025 Other Transactions Coupon GMCAR 2023-2 A3 4.47 02/16/2028 - - - - 405.613/16/2025 Other Transactions Coupon GMCAR 2024-4 A3 4.4 08/16/2029 - - - - 366.67 3/17/2025 Other Transactions Coupon WALMART INC 1.05 09/17/2026 - - - - 341.25 3/18/2025 Other Transactions Principal Paydown HAROT 2022-2 A3 3.73 07/20/2026 - - 4,770.87 - 4,770.87 3/18/2025 Other Transactions Coupon HAROT 2022-2 A3 3.73 07/20/2026 - - - - 113.13 3/18/2025 Other Transactions Coupon STATE STREET CORP 4.993 03/18/2027 - - - - 9,237.05 3/20/2025 Other Transactions Principal Paydown GMALT 2023-3 A3 5.38 11/20/2026 - - 3,393.59 - 3,393.59 3/20/2025 Other Transactions Coupon GMALT 2023-3 A3 5.38 11/20/2026 - - - - 336.25 City of Pico Rivera Portfolio
Chandler Investment Transactions
March 2025
Enclosure 3
12c
Settlement Date
Transaction
Category Transaction Type Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
March 2025
3/20/2025 Other Transactions Coupon GMALT 2024-2 A3 5.39 07/20/2027 - - - - 539.00 3/21/2025 Other Transactions Principal Paydown HAROT 2021-4 A3 0.88 01/21/2026 - - 3,028.68 - 3,028.68 3/21/2025 Other Transactions Principal Paydown HAROT 2023-1 A3 5.04 04/21/2027 - - 4,465.06 - 4,465.06 3/21/2025 Other Transactions Coupon HAROT 2021-4 A3 0.88 01/21/2026 - - - - 5.60 3/21/2025 Other Transactions Coupon HAROT 2023-1 A3 5.04 04/21/2027 - - - - 238.58 3/25/2025 Other Transactions Principal Paydown BMWLT 2023-1 A3 5.16 11/25/2025 - - 1,441.83 - 1,441.83 3/25/2025 Other Transactions Custody Fee Cash - 263.77 263.77 - (263.77) 3/25/2025 Other Transactions Coupon BMWLT 2023-1 A3 5.16 11/25/2025 - - - - 6.20 3/25/2025 Other Transactions Coupon BMWOT 2024-A A3 5.18 02/26/2029 - - - - 625.92 3/25/2025 Other Transactions Coupon BMWOT 2025-A A3 4.56 09/25/2029 - - - - 1,198.27 3/26/2025 Other Transactions Coupon PACCAR FINANCIAL CORP 4.0 09/26/2029 - - - - 4,100.00 3/31/2025 Other Transactions Coupon UNITED STATES TREASURY 1.625 09/30/2026 - - - - 5,687.50 3/31/2025 Other Transactions Coupon UNITED STATES TREASURY 0.5 03/31/2025 - - - - 1,750.00 3/31/2025 Other Transactions Coupon UNITED STATES TREASURY 2.5 03/31/2027 - - - - 12,500.00 3/31/2025 Other Transactions Dividend FIRST AMER:GVT OBLG Y - - - - 738.00 3/31/2025 Other Transactions Coupon UNITED STATES TREASURY 4.125 09/30/2027 - - 0.01 - 18,046.88 3/31/2025 Other Transactions Coupon UNITED STATES TREASURY 3.5 09/30/2029 - - - - 5,250.00 Changes of Market Values and Accrued Interests (227,532.69)Net Investment Transactions $ 149,299.44 Beginning Balance as of 2/28/2025 34,122,066.50
Ending Balance as of 3/31/2025 $ 34,271,365.94
Contact Us
(714) 431-7000
Account
CITY OF PICO RIVERA
Date
03/31/2025
Page
1 of 4
IntraFi Cash ServiceSM, or ICS®, Monthly Statement
The following information is a summary of activity in your account(s) for the month of March 2025 and the list of FDIC-insured institution(s) that hold your deposits as of the date indicated. These deposits have been placed by us, as your agent and custodian, in deposit accounts through IntraFi Cash Service. Funds in your deposit accounts at the FDIC-insured institutions at which your funds have been placed will be "deposits," as defined by federal law. Certain conditions must be satisfied for "pass-through" FDIC deposit insurance coverage to apply. To meet the conditions for pass-through FDIC deposit insurance, deposit accounts at FDIC-insured banks in IntraFi's network that hold deposits placed using an IntraFi service are titled, and deposit account records are maintained, in accordance with FDIC regulations for pass-through coverage.
Summary of Accounts
Account ID Deposit Option Interest Rate Opening Balance Ending Balance *********354 Savings 4.30% $17,646,889.39 $15,906,599.23 TOTAL $17,646,889.39 $15,906,599.23
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.
Commercial Bank of California
19752 MacArthur Blvd.
Suite 100
Irvine, CA 92612
133561-01A
CITY OF PICO RIVERA
6615 PASSIONS BLVD
PICO RIVERA, CA 90660
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65499
RETURN SERVICE REQUESTED
Enclosure 4
12d
DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Account Summary - Savings
Statement Period 3/1-3/31/2025 Average Daily Balance $16,319,790.47 Previous Period Ending Balance $17,646,889.39 Interest Rate at End of Statement Period 4.30% Total Program Deposits 800,008.26 Annual Percentage Yield Earned 4.39% Total Program Withdrawals (2,600,000.00) YTD Interest Paid 162,034.81 Interest Capitalized 59,701.58
Current Period Ending Balance $15,906,599.23
Account Transaction Detail
Date Activity Type Amount Balance
03/04/2025 Deposit $8.26 $17,646,897.65
03/06/2025 Withdrawal (700,000.00) 16,946,897.65
03/06/2025 Interest Capitalization 0.03 16,946,897.68
03/13/2025 Withdrawal (600,000.00) 16,346,897.68
03/20/2025 Withdrawal (1,300,000.00) 15,046,897.68
03/27/2025 Deposit 800,000.00 15,846,897.68
03/31/2025 Interest Capitalization 59,701.55 15,906,599.23 Summary of Balances as of March 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance Amalgamated Bank New York, NY 622 $247,903.84
American National Bank Omaha, NE 19300 247,903.66
BOKF, National Association Tulsa, OK 4214 247,475.72
BankNewport Newport, RI 18129 247,903.84
BankUnited Miami Lakes, FL 58979 129.96
Barclays Bank Delaware Wilmington, DE 57203 247,903.66
Bremer Bank, National Association South St. Paul, MN 12923 247,903.84 Brookline Bank Boston, MA 17798 247,903.84
Byline Bank Chicago, IL 20624 112.36
CASS COMMERCIAL BANK Des Peres, MO 1068 247,903.84
CNB Bank Clearfield, PA 13876 247,903.84
Capitol Bank Madison, WI 34074 146.10
City National Bank of Florida Miami, FL 20234 247,903.84 Coastal Carolina National Bank Myrtle Beach, SC 58864 247,903.84 Coastal Community Bank Everett, WA 34403 247,903.84
CrossFirst Bank Leawood, KS 58648 247,903.66
Customers Bank Malvern, PA 34444 0.08
Dime Community Bank Hauppauge, NY 6976 247,903.84
Dogwood State Bank Raleigh, NC 57095 247,903.84
EagleBank Silver Spring, MD 34742 247,901.29
Date
03/31/2025 Page
2 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %Ru
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65499
DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of March 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance East West Bank Pasadena, CA 31628 270.92
Enterprise Bank & Trust Clayton, MO 27237 247,903.78
First Century Bank Tazewell, TN 1700 563.99
First Horizon Bank MEMPHIS, TN 4977 247,903.84
First National Bank of Pennsylvania Greenville, PA 7888 247,903.84 First Resource Bank Exton, PA 57967 247,903.84
First-Citizens Bank & Trust Company Raleigh, NC 11063 247,903.84 FirstBank Nashville, TN 8663 247,903.79
Five Star Bank Roseville, CA 35361 247,903.84
Flagstar Bank, N.A. Hicksville, NY 32541 247,903.84
Flushing Bank Uniondale, NY 58564 39,472.53
Great Southern Bank Reeds Spring, MO 29546 247,903.74
HarborOne Bank Brockton, MA 59070 247,903.84
HomeTrust Bank Asheville, NC 27677 58.41
Israel Discount Bank of New York New York City, NY 19977 247,903.84 Legacy Bank & Trust Company Mountain Grove, MO 22319 247,903.84 Live Oak Banking Company Wilmington, NC 58665 247,845.25 Merchants Bank of Indiana Carmel, IN 8056 247,903.84
MidFirst Bank Oklahoma City, OK 4063 247,902.57
Mission Bank Bakersfield, CA 34805 247,903.84
NBT Bank, National Association Norwich, NY 7230 247,903.84 NexBank Dallas, TX 29209 247,903.66
Old National Bank Evansville, IN 3832 247,903.84
One Florida Bank Orlando, FL 58811 247,903.84
Origin Bank Ruston, LA 12614 247,903.84
Park National Bank Newark, OH 6653 554.43
Peoples Bank Marietta, OH 6544 247,864.23
Pinnacle Bank Nashville, TN 35583 247,903.74
Popular Bank New York, NY 34967 247,903.84
Republic Bank & Trust Company Louisville, KY 23627 247,903.81 S&T Bank Indiana, PA 11124 247,903.74
SMBC MANUBANK Los Angeles, CA 18618 247,903.84
Salem Five Cents Savings Bank Salem, MA 23296 247,903.84 Santa Cruz County Bank Watsonville, CA 57591 247,903.84 Shore United Bank, N.A. Easton, MD 4832 247,903.84
Sound Community Bank Seattle, WA 57451 247,903.66
South Atlantic Bank Myrtle Beach, SC 58689 531.82
South State Bank, N.A. Winter Haven, FL 33555 247,903.84 Southside Bank Tyler, TX 18297 554.40
Date
03/31/2025 Page
3 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC.
DETAILED ACCOUNT OVERVIEW
Account ID: *********354
Account Title: CITY OF PICO RIVERA
Summary of Balances as of March 31, 2025
FDIC-Insured Institution City/State FDIC Cert No. Balance Stearns Bank N.A. St. Cloud, MN 10988 247,903.84
Summit Bank Eugene, OR 57706 247,903.84
Synovus Bank Columbus, GA 873 247,903.84
The Bank of Tampa Tampa, FL 21031 247,141.29
The Huntington National Bank Columbus, OH 6560 247,903.84 Three Rivers Bank of Montana Kalispell, MT 21557 58.59
TowneBank Portsmouth, VA 35095 247,903.84
Truist Bank Charlotte, NC 9846 247,903.84
U.S. Bank National Association Cincinnati, OH 6548 247,845.26 Union Bank & Trust Lincoln, NE 13421 247,145.55
United Bank Fairfax, VA 22858 247,903.84
United Fidelity Bank, fsb Evansville, IN 29566 411.15
VeraBank Henderson, TX 3250 247,903.66
Veritex Community Bank Dallas, TX 57665 247,903.65
West Bank West Des Moines, IA 15614 247,903.84
Western Alliance Bank Phoenix, AZ 57512 247,903.84
Winter Park National Bank Winter Park, FL 59105 247,903.84 Zions Bancorporation, N. A. Salt Lake City, UT 2270 247,903.84 Date
03/31/2025 Page
4 of 4
CONTAINS CONFIDENTIAL INFORMATION IntraFi and ICS are registered service marks, and IntraFi Cash Service is a service mark, of IntraFi Network LLC. %RyH XCK/s+q3]'I
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65499
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
FOR REGIONAL INTEGRATION OF INTELLIGENT
TRANSPORTATION SYSTEMS
Recommendation:
1. Approve a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (Metro) for Regional Integration of Intelligent Transportation System (RIITS); and
2. Authorize the City Manager, or his designee, to execute the MOU in a form approved by the City Attorney.
Fiscal Impact:
There is no fiscal impact to the General Fund associated with this MOU, as the project is fully funded by Metro. Metro will be responsible for the equipment, implementation, and associated costs.
Discussion:
Metro is undertaking the Countywide Signal Priority Upgrade and Expansion NextGen Project to enhance Bus Signal Priority (BSP) systems along key corridors throughout Los Angeles County. BSP technology improves transit efficiency by enabling buses to communicate with traffic signals, allowing for extended green lights or shortened red lights to reduce delays and improve service reliability.
As part of this effort, Metro will deploy new BSP systems and modernize existing ones along several corridors, including Metro Bus Line 108 along Slauson Avenue. This project will upgrade traffic control equipment, software, and communication systems at 50 intersections across multiple jurisdictions, including the cities of Huntington Park, Vernon, Maywood, Commerce, Pico Rivera, and Unincorporated Los Angeles County. 13 CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 22, 2025
MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY FOR REGIONAL INTEGRATION
OF INTELLIGENT TRANSPORTATION SYSTEMS
Within the City’s jurisdiction, three (3) intersections along Slauson Avenue at Paramount Boulevard, Crossway Drive, and Rosemead Boulevard, will receive BSP system improvements. These upgrades include the design, procurement, installation, and testing of BSP technology, along with necessary updates to traffic signal controllers and software to support Metro’s bus operations.
To facilitate BSP system functionality, Metro, Caltrans District 7, and the City of Los Angeles Department of Transportation have established the RIITS. This platform enables real-time data exchange between transportation agencies, supporting seamless operation of the BSP system across jurisdictions.
Since Metro is leading and funding the project, all costs associated with implementation will be covered by Metro. To ensure system integration within City limits, the City must enter into the RIITS MOU, allowing the BSP system to function as intended once installed.
Project design has been completed, and construction is expected to be finalized by July 2025.
Conclusion:
Staff recommend approval of the Memorandum of Understanding with Metro for participation in the Regional Integration of Intelligent Transportation Systems to implement the Countywide Signal Priority Upgrade and Expansion NextGen Project. In addition, authorize the City Manager or his designee, to execute the Memorandum of Understanding in a form approved by the City Attorney.
Steve Carmona
SC:NN:KG:np
Enclosure: 1) Memorandum of Understanding
INTERAGENCY MEMORANDUM OF UNDERSTANDING
between
Los Angeles County Metropolitan Transportation Authority, in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”), located at 1 Gateway Plaza, Los Angeles, California 90012 and
City of Pico Rivera (“Pico Rivera”), located at 6615 Passons Boulevard, Pico Rivera, CA 90660 This Interagency Memorandum of Understanding (the “Agreement”) between the Los Angeles County Metropolitan Transportation Administration in its capacity as the RIITS Administrator (“Administrator”) and Pico Rivera sets forth the obligations and rights of membership in the Configuration Management Committee that oversees RIITS.
Administrator and Pico Rivera may be referred to individually as a “Party” and collectively as “Parties”. This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. This Agreement will be effective on the last date of signatures below (the “Effective Date”).
RECITALS
WHEREAS, on or about April 15, 2004, the State of California, Department of Transportation for District 7 (“Caltrans”), the City of Los Angeles, Department of Transportation (“LADOT”), and the Los Angeles County Metropolitan Transportation Administration ("LACMTA") entered into an interagency memorandum of understanding (the "RIITS MOU") to establish the Regional Integration of Intelligent Transportation Systems (“RIITS”) for the purpose of exchanging infrastructure and operational resources, including, but not limited to, near real time traffic, transit, video, and other data relating to all modes of transportation;
WHEREAS, on or about December 1, 2004, LACMTA, Caltrans, and LADOT entered into Amendment No. 1 to the RIITS MOU to:
• name LACMTA as the Administrator and delegate authority to LACMTA to administer, maintain, operate, manage and monitor RIITS access, codify system changes, process Member, Associate, and User agreements, and enforce the terms and conditions of the processed agreements; and
• establish a Configuration Management Committee (“CM Committee”) to oversee RIITS;
WHEREAS, the CM Committee adopted bylaws (the “Bylaws”) to establish among other things, rules of membership, roles and responsibilities of Members and officers of the CM Committee, and the voting process by which the CM Committee may take action as the governing body of RIITS;
Enclosure 1
13a
WHEREAS, to participate in RIITS, each Member and/or Associate must first enter into an Interagency Memorandum of Understanding substantially similar to this Agreement and authorize the Administrator to exchange data through RIITS; WHEREAS, on April 14, 2023, the CMC voted and approved Pico Rivera to join the CM Committee as a voting Member on the condition that Pico Rivera exchanges Information through RIITS;
WHEREAS, Pico Rivera desires to join the CM Committee as a voting Member and exchange Information through RIITS infrastructure and operational resources; and WHEREAS, Pico Rivera agrees to share operational and infrastructure resources for Countywide Signal Priority (“CSP”);
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows:
1. DEFINITIONS
1.1. "Information" means any and all data, records, materials, including specifically but not limited to near or real time traffic, transit, video, and other data relating to all modes of transportation. As defined herein below, a subset of Information is RIITS Data, and a subset of RIITS Data is Transportation Data.
1.2. “Interagency Memorandum of Understanding” means an agreement entered into between Administrator and a public agency setting forth the terms and conditions of the agency’s membership in the CM Committee.
1.3. “Member” or “Members” means any entity that has been approved by the CM Committee to be a voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.
1.4. “Associate” or “Associates” means any entity that has been approved by the CM Committee to be a non-voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.
1.5. “Users” means non-members that have access to Transportation Data Members and Associates authorize Administrator to make available.
1.6. “RIITS Data” means Information available through RIITS and any other data that RIITS Administrator makes available under this Agreement during the Term from sources of data supplied through RIITS, including, but not limited to, data provided via Members’ and Associate’s infrastructure and operational resources. Members and Associates may have login access to RIITS Data and access to operational and infrastructure resources that may not be available to Users or the general public.
1.7. “Transportation Data” means a subset of the RIITS Data that the Member which is the source of the Information authorizes to be incorporated into the public facing section of www.riits.net, shared or exchanged with Users, and that may be included in the public facing applications of Members, Associates, and Users.
2. MEMBERSHIP
2.1. Upon execution of this Agreement by both Parties, Pico Rivera will become a Member.
2.2. As a Member, Pico Rivera agrees to abide by and uphold the Bylaws and jointly with other Members, develop, review, and approve additional Bylaws, guidelines, protocols, terms and conditions, agreements, memorandum of understandings between and for Members, Associates, and Users and/or licensees. To the extent a conflict may arise between this Agreement and the Bylaws, the Bylaws shall govern.
2.3. Pico Rivera understands that Information accessed via RIITS is to be used for transportation related system management purposes only. RIITS Data shall only be used to provide general information about transportation and to assist Members and Associates in transportation management operations. RIITS Data shall not be used for any non-transportation related system management purposes, including but not limited to, law enforcement, except law enforcement and emergency management agencies may use the RIITS Data for the purpose of situational awareness, tactical planning, infrastructure protection, or incident response. RIITS Data shall not be recorded in any manner without the prior approval of the source of the RIITS Data.
2.4. Members may exchange Information per this Agreement. Members may choose to add or remove infrastructure and operational resources, including Information exchanged through RIITS by Member’s written notice to Administrator. As a Member, Pico Rivera may have access to Information and may use RIITS Data according to this Agreement. Pico Rivera acknowledges and agrees that Members and Associates may access and use Information provided by Pico Rivera as RIITS Data subject to this Agreement.
2.5. Pico Rivera is responsible for the procurement, maintenance, and upgrade of Pico Rivera’s equipment required for transmitting, receiving, and displaying the RIITS Data.
2.6. Pico Rivera may enter into third party contracts on behalf of RIITS to obtain and provide transportation and related data, service, or maintenance agreements for the benefit of Pico Rivera and RIITS Members and Associates, with Administrator approval.
2.7. Member agrees to participate in CSP as more particularly set forth in the Countywide Signal Priority attachment, which is incorporated into and made part of this Agreement.
3. DISSEMINATION OF THE DATA
3.1. With the approval of the voting Members of the CM Committee and the execution of a written agreement, Transportation Data may be licensed to Users.
3.2. At any time, the source of Information may:
3.2.1. Revoke the authority to use its Transportation Data in public facing applications and the public facing www.riits.net website.
3.2.2. Revoke the authority to license its Transportation Data to Users.
3.2.3. Cause the Administrator to remove from RIITS the RIITS Data it has provided.
3.3. Pico Rivera shall prevent any unauthorized use of the RIITS Data by its personnel.
3.4. As between the Administrator and/or any and all Members and/or Associates, on the one side, and the Party providing its Information and access to operational and infrastructure resources, on the other, the Party providing Information and access to operational and infrastructure resources retains ownership and control of said Information and access to operational and infrastructure resources.
4. COMPENSATION
This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. However, Members may enter into a separate written agreement for the provision of hardware, software, license, training, warranty, service, product, and other work provided by Members and Associates.
5. AMENDMENTS
No amendment, modification, alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto.
6. PUBLIC RECORDS ACT
6.1 Each Party understands and agrees that any and all Information is subject to the provisions of the California Public Records Act, California Government Code section 7920.000, et seq. ("CPRA”) and/or the Federal Freedom of Information Act, Title 5 USC 552 ("FOIA")
6.2 Administrator will not advise as to the nature or content of Information entitled to protection from disclosure under the CPRA or FOIA but will use best efforts to provide the source Party timely notification of any third-party request for disclosure.
6.3 The source Party shall timely (1) notify Administrator in writing whether and to the extent it objects to disclosure of Information and (2) seek the appropriate judicial relief under the CPRA or FOIA.
6.4 If the source Party does not timely notify Administrator of any objection to disclosure and obtain judicial instruction or relief, then Administrator may comply with the request to the extent required by the CPRA or FOIA.
6.5 In the event of any judicial proceeding or action concerning or seeking the disclosure of any Information, the source Party understands and agrees that Administrator's sole involvement will be as a custodial stakeholder to retain the Information until otherwise ordered by a court of competent jurisdiction. The source Party, at its sole expense and risk, shall be responsible for any and all fees for prosecuting or defending any proceeding or action concerning Information, and shall indemnify, defend, and hold Administrator harmless from all liability, including attorney’s fees, costs, and expenses, in connection with any such proceeding or action.
7. CONFIDENTIALITY
7.1. Parties agree that for and during the entire term of the Agreement, all information, except Transportation Data, including, but not limited to data, figures, records, findings and the like received or generated by the Agreement and in the performance of the Agreement, shall be considered and kept private and confidential and shall not be divulged to any person, firm, corporation, or other entity, unless required by the California Public Records Act or any other applicable law.
7.2. Upon termination of the Agreement for any cause, Parties agree that they will continue to treat as private and confidential any information other than Transportation Data, including but not limited to, data, figures, records and the like, and will not release any such information to any person, firm, corporation or other entity, unless required by the California Public Records Act or any other applicable law.
8. REPRESENTATIONS AND WARRANTIES
8.1. Neither Administrator nor any of the Members and Associates, nor any of their respective employees, officers, agents, or consultants makes any warranty, express or implied, with respect to infrastructure and operational resources, sources of data and Information, nor with respect to the accuracy, sufficiency or completeness thereof, nor with respect to any of the software or other systems provided by Administrator or any Member or Associate under this Agreement. RIITS is provided on an “as is” and “with all faults” basis, with Pico Rivera using RIITS at its own risk.
8.2. Neither Administrator, Members, nor Associates make any representations or warranties, express or implied, that the RIITS Data will perform on Pico Rivera’s equipment. Further, Administrator makes no representations or warranties, express or implied, that RIITS Data will be suitable for the purposes for which it is permitted to be used under the terms of this Agreement. THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY WAIVED BY THE PARTIES.
8.3. Pico Rivera warrants that all work necessary to transmit its Information through RIITS has been or will be completed before its Information is transmitted through RIITS. In the event of breach of this warranty, Pico Rivera shall take the necessary actions to correct the breach and the consequences thereof, at Pico Rivera’s sole expense, in the most expeditious manner as permitted by existing circumstances.
Upon notification from Administrator of Pico Rivera’s breach, if Pico Rivera does not promptly take steps to correct the breach, Administrator may: 1) Correct the breach or cause others to do so upon written consent of Pico Rivera. Administrator may require Pico Rivera to reimburse Administrator for any work that is completed by Administrator or others to correct the breach; 2) disconnect Pico Rivera from RIITS; or 3) terminate this Agreement and Pico Rivera’s Membership. The remedies described above are non-exclusive and Administrator’s use of these remedies does not waive any other rights or remedies it may have at law or otherwise.
9. LIMITATION OF LIABILITY
9.1. Except for Indemnity obligations set forth in section 10, neither Pico Rivera, Administrator, any Member, or any Associate, or any of their respective employees, officers, agents, or consultants shall be liable for any damages, claim or loss incurred by a Member or Associate (including without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages, lost profits, lost sales or business, expenditures, investments or commitments in connection with any business, or loss of goodwill) resulting from the RIITS Data or inability to use the provided RIITS Data irrespective of whether Administrator, Pico Rivera, Members and/or Associates have been informed of, knew of, or should have known of the likelihood of such damages, claim, or loss.
9.2. Members and Associates assume no liability or responsibility for Pico Rivera equipment.
9.3. Pico Rivera will not hold any Member or Associate liable or responsible in any way for unforeseen interruptions in providing the RIITS Data regardless of cause.
9.4. Pico Rivera, on behalf of itself and its agents, sub-licensees, employees, clients, and customers, hereby waives and releases Administrator and all Members and Associates from any and all liability, including but not limited to claims, causes of action, losses, costs, damages, and expenses of any kind or nature whatsoever, whether known or unknown, to the extent caused by or attributable to RIITS, this Agreement, or the use of RIITS Data by Pico Rivera .
Pico Rivera (for itself and its clients, customers and employees) expressly waives the benefit of Section 1542 of the California Civil Code, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. (Pico Rivera’s Initials) ______
10. INDEMNIFICATION
10.1. To the fullest extent permitted by law, and with counsel approved by the Administrator, Pico Rivera shall defend, indemnify, and hold harmless the Administrator, Members, and Associates, including the respective agents, employees, directors, or officers of each (the “Indemnified Parties”), from and against any and all liability, to the extent arising out of, connected with, or resulting from any act or omission of Pico Rivera or any of its officers, authorized representative, employees, subcontractors or suppliers, or any person or organization directly or indirectly employed by any of them, which liability includes but is not limited to claims, actions, suits (including but not limited to workers’ compensation suits and breaches of contract claims made by employees of Pico Rivera against Indemnified Parties), demands, costs, judgments, liens, penalties, damages, losses, and/or expenses, including but not limited to any fees of accountants, attorneys or other professionals.
10.2. The indemnification specified in this Section shall survive termination or closeout of the Agreement hereunder and is in addition to any other rights or remedies that Members and Associates may have under the law or under this Agreement.
10.3. Parties acknowledge that all Members and Associates enter into an Interagency Memorandum of Understanding with substantially similar indemnification language under which Pico Rivera shall be indemnified as a Member.
10.4. Claims against the indemnified Members and/or Associates by any employee of the Members and/or Associates, its subcontractors, suppliers, anyone directly or indirectly employed by any of them, and/or anyone for whose acts any of them may be liable shall not in any way limit Pico Rivera’s indemnification obligation as set forth above, including the Agreement and/or type of damages, compensation, and/or benefits payable by or for the Pico Rivera or its subcontractors under workers’ compensation acts, disability benefit acts, and/or other employee benefit acts and/or insurances.
11. NO WAIVER
11.1. Failure of Administrator to enforce at any time, or from time to time, any provision of the Agreement shall not be construed as a waiver thereof.
11.2. No waiver by Administrator of any breach of any provision of the Agreement shall constitute a waiver of any other breach or of such provision.
11.3. Failure or delay by Administrator to insist upon strict performance of any terms or conditions of the Agreement, or to exercise any rights or remedies provided by law, shall not be deemed a waiver of any right of Administrator to insist upon performance of Pico Rivera's obligations set forth in the Agreement, or rights or remedies as to any prior or subsequent default hereunder.
12. TERM OF THE AGREEMENT
12.1. The term of the Agreement shall begin upon the date of the last Party to sign this Agreement and shall continue for one (1) year (the “Initial Term”).
12.2. The Agreement shall automatically renew month to month (each a “Renewal Term”), unless either Party sends written notice to the other Party at least thirty (30) days before expiration of the Initial Term or any Renewal Term that it does not wish to renew the Agreement.
12.3. The term of the Agreement shall consist of the Initial Term and any Renewal Term (the “Term”).
13. TERMINATION
13.1. If Pico Rivera fails to comply with any of the terms and conditions contained within this Agreement, Administrator may revoke Pico Rivera’s access privileges to RIITS Data and, upon written notification, terminate this Agreement immediately. In addition, Administrator shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
13.2. Except as provided in the preceding paragraph, CM Committee reserves the right to revoke Pico Rivera’s access privileges to RIITS and terminate this Agreement at any time, upon thirty (30) days prior written notice to Pico Rivera.
13.3. Pico Rivera may terminate this Agreement upon thirty (30) days prior written notice to Administrator.
14. OTHER TERMS AND CONDITIONS
14.1. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
14.2. Each Member and Associate of the CM Committee is an express third-party beneficiary of this Agreement.
14.3. The persons executing this Agreement on behalf of the Parties shall be duly authorized to execute this Agreement on behalf of its respective Party.
15. ASSIGNMENT
Pico Rivera shall not assign, transfer, convey, or otherwise dispose of the Agreement (or the right, title, or interest in it or any part of it) without the prior written consent of the CM Committee and endorsement of the Administrator, which consent shall not be unreasonably withheld.
16. AUTHORITY TO ENTER AGREEMENTS AND MANAGEMENT OF RIITS
16.1. LACMTA as the Administrator is authorized to execute Member, Associate, and User agreements which contain provisions regarding guidelines, protocols, terms and conditions on use of RIITS that have been approved by the CM Committee on behalf of all Members and Associates, including Pico Rivera.
16.2. Pico Rivera hereby acknowledges that Administrator or any successor Administrator selected by the CM Committee is delegated authority to provide for the day-to-day operation, maintenance, management, and monitoring of RIITS, codify system changes, provide administrative support to the CM Committee, execute related agreements, and enforce the terms and conditions of agreements.
17. GOVERNING LAW
The Agreement has been negotiated, entered into, and shall be performed, within the State of California, and as such California substantive and procedural law shall apply, except to the extent preempted or superseded by federal law. By entering into the Agreement, the Parties consent and submit to the jurisdiction of the courts of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of the Agreement.
18. SEVERABILITY
In the event any article, section, sub-article, paragraph, sentence, clause, phrase contained in the Agreement shall be determined, declared, adjudged invalid, illegal, unconstitutional, or otherwise void, such determination, declaration, or adjudication shall in no manner affect the other articles, sections, sub-articles, paragraphs, sentences, clauses, or phrases of the Agreement, which shall remain in full force and effect as if the article, section, sub-article, paragraph, sentence, clause, or phrase declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise void, was not originally contained in the Agreement.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between Pico Rivera and the Administrator regarding RIITS, and supersedes any and all previous and contemporaneous agreements, whether written or oral, and all communications between the Parties regarding RIITS.
20. BINDING ON SUCCESSORS AND ASSIGNS
This Agreement shall run to the benefit of and be binding upon any successors and assigns.
21. CONTACT INFORMATION
Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid, to the Pico Rivera contact and to the Administrator, at the address specified. Each Party will notify the other in writing of changes to their designated contact person. Notices shall be deemed effective five business days after such mailing.
Contact information regarding any aspects of this Agreement is as follows:
21.1. Pico Rivera Contact Information
Pico Rivera may provide a primary and a technical contact. Pico Rivera contact information is as follows:
21.1.1. Primary Contact Name
Name: City of Pico Rivera
Contact Name: Mr. Noe Negrete
Title: Public Works Director
Address: 6615 Passons Boulevard
Pico Rivera, CA 90660
Telephone: (562) 801-2436
Email: [email protected]
21.1.2. Technical Contact Name
Name: City of Pico Rivera
Contact Name: Mr. Kenner Guerrero
Title: Associate Engineer
Address: 6615 Passons Blvd
Pico Rivera, CA 90660
Telephone: (562) 801-4351
Email: [email protected]
21.2. LACMTA in its capacity as RIITS Administrator Contact Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mr. Kali Fogel
Title: RIITS Administrator
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 922-2665
Email: [email protected]
22. ELECTRONIC SIGNATURES
Each Party agrees that electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below.
Los Angeles County Metropolitan
Transportation Authority, in its
capacity as the duly authorized
RIITS Administrator
City of Pico Rivera
STEPHANIE N. WIGGINS
CHIEF EXECUTIVE OFFICER
By:
Steven Gota
Executive Officer
Date Steve Carmona
City Manager
Date
APPROVED AS TO FORM
Dawyn R. Harrison
County Counsel
By:
Deputy Date
COUNTYWIDE SIGNAL PRIORITY ATTACHMENT
1. PARTICIPATION BY MEMBERS
1.1 This Countywide Signal Priority (“CSP”) Attachment to the Interagency Memorandum of Understanding between Los Angeles County Metropolitan Transportation Authority (“LACMTA”), in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”) and Pico Rivera sets forth the terms and conditions for participation by the Member in Countywide Signal Priority.
1.2 The Parties shall determine where CSP equipment and software will be installed within the Member’s jurisdiction as RIITS infrastructure. LACMTA on behalf of RIITS may install CSP infrastructure within Member’s jurisdiction. The Parties will mutually cooperate to promptly resolve any technical or institutional issues, including those during design, implementation, operation, and maintenance of CSP.
1.3 By participating in CSP, the Member authorizes RIITS to make certain changes or improvements to the Member's traffic control equipment at targeted intersections, subject to any notice or consent rights included in this Agreement.
1.4 Notwithstanding any provision to the contrary, whether expressly or by implication, the Member has and retains the sole responsibility for the operation and maintenance of its traffic control system.
1.5 LACMTA has deployed, or will be deploying, its bus service through certain corridors in the Member's jurisdiction. A component of the bus program is to provide signal priority for buses at signalized intersections along the bus route. LACMTA uses CSP technologies to implement and maintain the signal-priority function of the bus service.
1.6 The Member acknowledges and agrees that CSP was prepared in accordance with state and federal signal safety requirements, and the implementation of CSP does not adversely affect or alter the safety parameters of the local traffic control system.
2. MEMBER RESPONSIBILITIES
The Member hereby agrees, in no particular order, to each and every of the following:
2.1. Member shall provide or make available existing traffic signal plans, if available, for targeted intersections to RIITS;
2.2. Member shall provide coordination support during the design, installation, and test of all CSP elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely inspections and approvals, and making staff available on an as-needed basis;
2.3. Member shall work with RIITS to make space available for the installation of CSP equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary;
2.4. Member shall issue all required permits at no cost to LACMTA on behalf of RIITS or its contractors for all work directly related to the installation of CSP;
2.5. Member shall assist with the installation of any updated traffic signal control programs required for CSP operations. Further, the Member shall remain responsible for entering the signal timing, including CSP parameters, and for other tasks directly related to day-to-day traffic signal operations;
2.6. Member hereby authorizes RIITS to obtain the applicable traffic signal control firmware for the Member in order to operate CSP;
2.7. Member retains the exclusive ownership and control over all traffic signal control equipment. Other than the CSP and related equipment, the Member shall also retain exclusive ownership and control over the equipment, firmware, software and improvements that RIITS makes to the Member's traffic signal control operations;
2.8. Member shall support the deployment of CSP and will cooperate with RIITS to successfully install signal priority within Member’s jurisdiction;
2.9. Member shall provide, at its own cost and expense, operational infrastructure within Member's jurisdiction that allows CSP to operate normally, with the exception of any equipment to be installed or maintained by any entity other than Pico Rivera pursuant to this Agreement;
2.10. Member shall promptly notify the CSP Program Manager whenever RIITS infrastructure is disconnected during the normal course of traffic signal control operations and maintenance or otherwise;
2.11. Member shall notify the CSP Program Manager immediately if RIITS infrastructure is damaged or removed. Member will retain any and all removed equipment, including hardware, parts, etc., for return to RIITS;
2.12. Member retains the responsibility for the operations and maintenance of its traffic control system, including those intersections receiving upgrades. Nothing in this Countywide Signal Priority Attachment is intended to change or be construed to change the Member's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing/signal issues at the Member's intersections;
2.13. Member reserves the right to disconnect CSP hardware as deemed necessary as part of normal traffic signal control operations and maintenance;
2.14. Member shall promptly notify CSP Program Manager if CSP hardware is disconnected during the normal course of traffic signal control operations and maintenance; and
2.15. Member hereby appoints and designates the following individual to serve as the principal point of contact for the Member for purposes of CSP:
2.15.1. CSP Contact Name
Name: City of Pico Rivera
Contact Name: Mr. Kenner Guerrero
Title: Associate Engineer
Address: 6615 Passons Boulevard
Pico Rivera, CA 90660
Telephone: (562) 801-4351
Email: [email protected]
3. ADMINISTRATOR RESPONSIBILITIES
Subject to and upon approval from the RIITS Configuration Management Committee, and in no particular order, RIITS shall perform as follows:
3.1. RIITS shall work closely with Member to ensure that the deployment of signal priority does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections;
3.2. Work with Member to develop appropriate signal priority implementation strategies acceptable to both Parties. The Parties understand and agree that the Member is ultimately responsible for the traffic signal timing sheets that control all intersections;
3.3. At RIITS’ sole cost and expense, RIITS shall procure, test, and in coordination with the Member, integrate and install all elements necessary to implement CSP at each targeted intersection, and shall not install CSP equipment until RIITS has received Member's approval;
3.4. In furtherance of 2.4 above, RIITS and/or its contractors shall obtain from Member all necessary permits and coordinate with the Member prior to commencing fieldwork;
3.5. RIITS has and shall retain the exclusive ownership and control over CSP and related equipment; and
3.6. Coordinate all operations and maintenance directly attributable to the signal priority deployment with the Member.
4. CSP PROGRAM MANAGER
The CSP Program Manager is the designated and primary point-of-contact for any and all CSP technical and administrative matters. Their contact information is below.
4.1. CSP Program Manager Contact
Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mrs. Eva Moon
Title: CSP Program Manager
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 418-3285
Email: [email protected]
END OF COUNTYWIDE SIGNAL PRIORITY ATTACHMENT
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: MEMORANDUM OF UNDERSTANDING WITH AMIGOS DE LOS
RIOS FOR THE EMERALD NECKLACE RANCHO UNIFIED
SCHOOL DISTRICT MULTI-CAMPUS GREENING PROJECT
Recommendation:
1. Authorize the City Manager to negotiate and execute the Memorandum of Understanding (MOU) between the City of Pico Rivera and Amigos de Los Rios for the implementation of the Emerald Necklace Rancho Unified School District MultiCampus Greening Project in a form that is approved by the City Attorney.
Fiscal Impact:
There is no immediate fiscal impact associated with the approval of this MOU. Amigos de Los Rios, the lead grantee, will cover the costs associated with design, planning, and implementation, including tree planting and maintenance for a three-year establishment period using funding from the State of California’s Environmental Enhancement and Mitigation (EEM) Program and CAL FIRE Urban & Community Forestry Program. The City of Pico Rivera (City) will assume long-term tree maintenance responsibilities after this initial period, to be included in the Department of Public Works’ operations and maintenance budget in future fiscal years.
Background:
In October 2024, Amigos de Los Rios, a long-standing nonprofit partner in the region, was awarded $735,458 in grant funding from the California Natural Resources Agency through the Environmental Enhancement and Mitigation (EEM) Program, authorized under Streets and Highways Code Section 164.56. The project, titled El Rancho Unified Emerald Necklace Natural Infrastructure High School Complex, is one of the latest undertakings in the Emerald Necklace vision—a regional effort to restore and enhance green infrastructure in underserved communities along the San Gabriel and Lower Los Angeles Rivers watershed.
This grant builds upon a successful funding strategy that also includes support from the CAL FIRE Urban & Community Forestry California Climate Investment Program.
Collectively, these investments aim to implement a high-impact greening project across the 14 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
MEMORANDUM OF UNDERSTANDING WITH AMIGOS DE LOS RIOS FOR THE
EMERALD NECKLACE RANCHO UNIFIED SCHOOL DISTRICT MULTI-CAMPUS
GREENING PROJECT
56.74-acre El Rancho Unified School District (ERUSD) high school campus complex in Pico Rivera, including El Rancho High School, El Rancho Adult School, and Ruben Salazar Continuation High School. These campuses serve not only thousands of local students and families, but also function as active community spaces for the City’s regional sports events and the only public theater in Pico Rivera.
The multi-campus greening project seeks to mitigate the negative environmental impacts of transportation infrastructure, enhance public health and educational outcomes, and build climate resilience in a community highly vulnerable to extreme heat and poor air quality.
Based on further analysis of eligible sites and in accordance with the grant guidelines, Amigos de Los Rios identified opportunities to plant additional trees within City-owned properties, rights-of-way, and facilities. With input from City staff, Amigos de Los Rios prepared a proposal to plant trees in the areas impacted by the recent tornadoes, Pico Park, Smith Park, Los Paseos de Historic Whittier Boulevard, Rio Vista Park, and other parkways in route to various schools in the City (Enclosure 2). The exact location, amount, and species of trees is subject to further refinement based on ongoing meeting with City staff.
The effort is a true collaboration between Amigos de Los Rios, ERUSD, and the City, each playing a key role in the planning, implementation, and long-term stewardship of the project. Amigos de Los Rios serves as the grant recipient and project lead, while the City is a key landowner, community stakeholder, and long-term maintenance partner for trees planted on public property.
The project also advances the goals of numerous Council-approved plans, including the Climate Adaptation Plan, the Urban Greening Plan, the Historic Whittier Boulevard Vision Plan, and the Roadway Median Landscape Restoration Master Plan. It also aligns closely with state objectives related to sustainability, greenhouse gas reductions, equitable access to green space, natural shade canopies, and youth engagement.
Discussion:
The Emerald Necklace Rancho Unified School District Multi-Campus Greening Project is a comprehensive natural infrastructure initiative that will deliver a wide range of environmental, educational, and community benefits to the City. The project is designed to significantly increase tree canopy cover, reduce the urban heat island effect, improve stormwater management, and create inviting outdoor spaces for both educational and community use.
Specifically, the project scope includes the planting of approximately 280 trees and 1,500 native shrubs, the installation of seven bioswales and rain gardens, 15,280 square feet of mulch, 750 square feet of pervious surfaces, and a suite of outdoor classrooms furnished with natural seating made from recycled urban wood, interpretive signage, and watershed- CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
MEMORANDUM OF UNDERSTANDING WITH AMIGOS DE LOS RIOS FOR THE
EMERALD NECKLACE RANCHO UNIFIED SCHOOL DISTRICT MULTI-CAMPUS
GREENING PROJECT
themed kiosks. These elements will be strategically placed across the three (3) campuses to maximize shade, ecological benefit, and educational value.
In addition to the physical improvements, Amigos de Los Rios will host at least 24 Emerald Necklace Stewardship events throughout the project timeline to engage students, families, residents, volunteers in hands-on planting and conservation activities. These events will include training and workforce development opportunities for local youth through the Youth Conservation Corps and Emerald Necklace Stewards, reinforcing the project’s commitment to community empowerment and career-based development programming.
Implementation of the project is anticipated to follow the following timeline:
Planning, Design and Permitting: August 2024 – December 2024 Construction and Installation: January 2025 – August 2026 Plant Establishment: April 2025 – April 2027
Project Closeout: March 2028
The City of Pico Rivera, as outlined in the MOU, will not be financially responsible for implementation but will play a pivotal role in ensuring the long-term success of the tree planting component. Amigos de Los Rios will manage all maintenance for the first three (3) years post-planting, after which the City will assume long-term care responsibilities for trees planted on City-owned property. This includes watering, pruning, and pest management, integrated into the City’s existing public works operations.
Amigos de Los Rios will provide the City with a comprehensive Tree Plotter Index and Geographic Information System (GIS) shapefiles documenting the exact location and species of all planted trees. In addition, they will utilize the iTree Planting Calculator Tool to quantify and report greenhouse gas reductions and ecosystem benefits associated with the project through April 2028. These tracking tools will assist the City in ongoing planning, reporting, and alignment with local, state, and federal environmental goals.
This project not only offers direct cost savings by leveraging state grant funds and in-kind resources but also provides long-term economic and environmental benefits. These include reduced energy and cooling costs, improved stormwater infiltration, enhanced property values, and better public health outcomes through improved air quality and increased access to shaded, walkable environments.
Importantly, the project embodies a model of collaborative climate action and is wellaligned with the goals of California’s Climate Action Plan for Transportation Infrastructure (CAPTI), the State’s 30x30 conservation initiative, and the City’s ongoing efforts to address the urban heat island effect, enhance urban greening, promote equity, and invest in youth development and green workforce pathways.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
MEMORANDUM OF UNDERSTANDING WITH AMIGOS DE LOS RIOS FOR THE
EMERALD NECKLACE RANCHO UNIFIED SCHOOL DISTRICT MULTI-CAMPUS
GREENING PROJECT
Conclusion:
Staff recommends the City Council authorize the City Manager to to formalize the City’s partnership with Amigos de Los Rios on this critical greening initiative and reinforce the City’s commitment to sustainability, equity, and climate resilience.
Steve Carmona
SC:JH:smc
Enclosure(s): 1) Draft Memorandum of Understanding between the City of Pico Rivera and Amigos de Los Rios
2) Tree Planting Proposal
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
AMIGOS DE LOS RIOS AND
THE CITY OF PICO RIVERA
FOR THE
EMERALD NECKLACE EL RANCHO UNIFIED SCHOOL DISTRICT MULTI-CAMPUS GREENING PROJECT This Memorandum of Understanding (“MOU”) is made as of April 22, 2025 by and between the City of Pico Rivera, a California municipal corporation (“The City” or “Party”) and Amigos de Los Rios, a non-profit entity (“Amigos” or “Party”), referred to collectively as the “Parties.”
RECITALS
A. WHEREAS, Amigos is the recipient of a grant award from the CALFIRE Urban & Community Forestry California Climate Investment Grant Program and the Environmental Enhancement and Mitigation (EEM) Grant Program for the Emerald Necklace El Rancho Unified School District MultiCampus Greening Project (“Tree Canopy Project”); B. WHEREAS, the Tree Canopy Project was designed to focus on tree planting within school district properties, on parkways of public streets leading to schools, and within City Parks and other City Facilities;
C. WHEREAS, the Parties desire to plant trees in beneficial locations across the City, in alignment with the CALFIRE Urban & Community Forestry California Climate Investment Grant goals of reducing greenhouse gases, improving urban green spaces, and replacing trees lost to drought and disease; and in alignment with California Natural Resources Agency Environmental Enhancement Grant Goals;
D. WHEREAS, The City is the owner of real property located in the City of Pico Rivera, Los Angeles County, State of California;
E. WHEREAS, The Tree Canopy Project aligns and supports the advancement of the City’s Climate Adaptation Plan, Historic Whittier Boulevard Vision Plan, Strategic Plan, Roadway Median Landscape Restoration Master Plan, and the Urban Greening Plan; F. WHEREAS, The City and Amigos agree to enter into this Project MOU to successfully complete the Tree Canopy Project on the city of Pico Rivera Property.
NOW THEREFORE, the City and Amigos agrees as follows:
MEMORANDUM OF UNDERSTANDING
Section 1 – Short-Term Tree Maintenance and Storage of Trees. As described in the CALFIRE Urban & Community Forestry California Climate Investment Grant Application, Amigos de Los Rios staff will lead Youth Corps and Community Stewardship partners to successfully complete the tree planting. After successful planting, Amigos, will cover the cost to maintain trees over a 3-year period. Maintenance activities will include watering, pruning, and pest abatement among other duties as required by CALFIRE Urban & Community Forestry California Climate Investment Grant Program. After this 3-year period Enclosure 1
14a
2 Memorandum of Understanding
maintenance responsibilities Amigos will transfer the long-term care to the City of Pico Rivera. The City agrees provide temporary access to specified City property for the purpose of storing and caring for unplanted trees, until such time that all trees are planted.
Section 2 – Long-Term Maintenance. As part of the City’s general maintenance activities conducted and managed by the Department of Public Works, the City agrees to maintain and care for the trees after the initial 3-year period as required by CALFIRE Urban & Community Forestry California Climate Investment Grant Program. Maintenance activities will include watering, pruning, and pest abatement among other duties. The City recognizes that Tree Canopy Project’s success is dependent on the City’s long-term maintenance. Prior to the transfer of maintenance responsibilities to the City, City shall have the right to inspect the maintenance condition and health condition of each tree. If the city determines the maintenance condition or health condition of the tree(s) is unacceptable in the sole discretion of the City, the City may refuse to accept maintenance responsibility for that tree. City shall not accept the responsibility for such tree(s) until Amigos places the tree in a condition acceptable to City.
Section 3 - Compliance With Laws. Amigos 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 MOU. The Amigos shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Amigos is an outof-state corporation or LLC, it must be 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 Amigos to comply with this Section.
Section 4 - Conflict of Interest. Amigos 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 Amigos under this MOU, or which would conflict in any manner with the performance of its services hereunder. During the term of this MOU, Amigos shall not perform any work for another person or entity for whom Amigos was not working at the Commencement Date if both: (i) such work would require Amigos to abstain from a decision under this MOU pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Amigos’s performance of such work.
Section 5 – Personnel. Amigos represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services within the grants. All such services shall be performed by Amigos or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Amigos reserves the right to determine the assignment of its own employees to the performance of Amigos’s services under this MOU, but City reserves the right, for good cause, to require Amigos to exclude any employee from performing services on City’s premises. Claire Robinson, Executive Director of Amigos de Los Rios, shall be Amigos’s project administrator and shall have direct responsibility for management of Amigos’s performance under this MOU. No change shall be made in Amigos’s project administrator without City’s prior written consent.
Section 6 - Ownership of Written Products. All reports, documents or other written material (“written products”) developed by Amigos in the performance of this MOU shall be and remain the property of City 3 Memorandum of Understanding
without restriction or limitation upon its use or dissemination by City. Amigos 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 Amigos. If any state, federal, or local law requires mandatory copyright protection for Amigos’s work product, City shall comply with such laws to the extent feasible.
Section 7 - Independent Contractor.
7.1 Amigos is, and shall at all times remain as to City, a wholly independent contractor. Amigos 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 officers, employees or agents shall have control over the conduct of Amigos or any of Amigos’s employees, except as set forth in this MOU. Amigos shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
7.2 The Parties further acknowledge and agree that nothing in this MOU shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Amigos or Amigos’s employees except as set forth in this MOU.
7.3 City shall have no direct or indirect control over Amigos’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Amigos 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 Amigos, Amigos’s employees or subconsultants. City shall have no responsibility to provide Amigos, its employees or sub-consultants with workers’ compensation insurance or any other insurance.
7.4 The Parties further acknowledges the following: (i) that Amigosshall provide the services outlined in the Scope of Services directly to City; (ii) Amigos maintains a business location at the address listed under Section 14 that is separate and distinct from the City; (iii) Amigos contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Amigos advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this MOU, Amigos provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Amigos has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Amigos may set its own hours and location of work.
Section 8 – Confidentiality. All data, documents, discussion, or other information developed or received by Amigos or provided for performance of this MOU are deemed confidential and shall not be disclosed by Amigos 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 MOU.
Section 9. Non-Liability of City Officials And Employees. No official or employee of the City shall be personally liable to Amigos in the event of any default or breach by City, or for any amount which may become due to Amigos.
Section 10 – INDEMNIFICATION.
4 Memorandum of Understanding
10.1 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 MOU. 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. Amigos acknowledges that City would not enter into this MOU in the absence of Amigos’s commitment to indemnify and protect City as set forth herein.
Notwithstanding the foregoing, to the extent Amigos'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 Amigos.
10.2 To the full extent permitted by law, Amigos 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 Amigos or any of its officers, employees, servants, agents, or sub-consultants in the performance of this MOU. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and Amigos fees. Notwithstanding the foregoing, to the extent Amigos'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 Amigos.
10.3 City shall have the right to offset against the amount of any compensation due Amigos under this MOU any amount due City from Amigos as a result of Amigos’s failure to pay City promptly any indemnification arising under this Section 15 or related to Amigos’s failure to either: (i) pay taxes on amounts received pursuant to this MOU or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of Amigos under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. Amigos expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
10.5 Amigos agrees to obtain executed indemnity MOUs with provisions identical to those set forth here in this Section 10 from each and every sub-consultants or any other person or entity involved by, for, with or on behalf of Amigos in the performance of this MOU. In the event Amigos fails to obtain such indemnity obligations from others as required herein, Amigos 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 Amigos’s sub-consultants or any other person or entity involved by, for, with 5 Memorandum of Understanding
or on behalf of Amigos in the performance of this MOU. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and Amigos fees.
10.6 City does not, and shall not, waive any rights that it may possess against Amigos because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this MOU. 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.
10.7 PERS ELIGIBILITY INDEMNITY. In the event that Amigos or any employee, agent, or subconsultants of Amigos providing services under this MOU 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, Amigos shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Amigos or its employees, agents, or subAmigos, 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, Amigos and any of its employees, agents, and sub-consultants providing service under this MOU 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.
10.8 PREVAILING WAGE INDEMNITY. Amigos understands and acknowledges that Amigos may be required by California Labor Code Sections 1720 and 1770 or other federal, state or local laws, to comply with the prevailing wage requirements of California Labor Code Sections 1720-1861 or other federal, state or local laws. Failure to comply with these provisions may result in substantial penalties.
Amigos agrees to indemnify, hold harmless and defend the City, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Developer's obligations under this Section 10.8.
Section 11 – Insurance.
11.1 During the term of this MOU, Amigos shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Amigos’s performance of this MOU. Such insurance shall be of the types and in the amounts as set forth below:
11.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Amigos providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
11.1.1.1 Premises, operations, and mobile equipment
11.1.1.2 Products and completed operations
6 Memorandum of Understanding
11.1.1.3 Broad form property damage (including completed operations)
11.1.1.4 Explosion, collapse, and underground hazards
11.1.1.5 Personal Injury
11.1.1.6 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 Amigos’s work under this MOU.); and One Million Dollars ($1,000,000) umbrella or excess liability.
11.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Amigos, its employees or sub-consultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
11.1.3 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.
11.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this MOU 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.
11.1.5 Cyber Liability Insurance against data breach and loss in the performance of the work under this MOU 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.
11.2 Amigos shall require each of its sub-consultants, if any, to maintain insurance coverage that meets all of the requirements of this MOU.
11.3 The policy or policies required by this MOU shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide.
11.4 Amigos agrees that if it does not keep the aforesaid insurance in full force and effect City may either:
(i) immediately terminate this MOU; or (ii) take out the necessary insurance and pay, at Amigos’s expense, the premium thereon.
11.5 At all times during the term of this MOU, Amigos 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. Amigos shall, prior to commencement of work under this MOU, file with City’s Risk Manager such certificate(s).
11.6 Amigos shall provide proof that policies of insurance required herein expiring during the term of this MOU have been renewed or replaced with other policies providing at least the same coverage. Amigos shall provide such proof to City at least two weeks prior to the expiration of the coverages.
11.7 The general liability and automobile policies of insurance required by this MOU shall contain an 7 Memorandum of Understanding
endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this MOU shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Amigos 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.
11.8 The general liability and automobile policies of insurance provided by Amigos shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Amigos’s insurance and shall not contribute with it.
11.9 All insurance coverage provided pursuant to this MOU shall not prohibit Amigos, and Amigos’s employees, agents or sub-consultants, from waiving the right of subrogation prior to a loss. Amigos hereby waives all rights of subrogation against the City.
11.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Amigos shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Amigos shall procure a bond guaranteeing payment of losses and expenses.
11.11 Procurement of insurance by Amigos shall not be construed as a limitation of Amigos’s liability or as full performance of Amigos’s duties to indemnify, hold harmless and defend under Section 11 of this MOU.
11.12 If Amigos 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 Amigos. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 12 - Amigos will provide the City a Tree Plotter Index and GIS shapefiles, layers, and point locations of all newly planted trees for the City’s reference and use.
Section 13 – Amigos will use the tree Planting Calculator Tool to track and report greenhouse gas reductions and benefits through April 1, 2028.
Section 14 – 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 Amigos’ 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: If to Amigos
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
8 Memorandum of Understanding
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
Section 15 – ASSIGNMENT. Amigos shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Amigos.
Section 16. - NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
16.1 In the performance of this Agreement, Amigos 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.
Amigos 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.
16.2 Amigos will, in all solicitations or advertisements for employees placed by or on behalf of Amigos 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.
16.3 Amigos 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.
17. - 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 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.
18 – 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. 19 - GOVERNING LAW - This Agreement shall be governed and construed in accordance with the laws of the State of California.
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20. – 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.
21. - 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 Amigos 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 Amigos.
ACCEPTED AND AGREED on the date indicated below:
Dated ________________________________ Dated____________________________ City of Pico Rivera Amigos de los Rios
By:__________________________________ By:______________________________ Steve Carmona Claire Robinson
City Manager Managing Director
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: AGREEMENT WITH LOS ANGELES COUNTY FOR PUBLIC
HEALTH SERVICES (CONTRACT NO. PH-005647)
Recommendation:
1. Approve Contract No. PH-005647 with the County of Los Angeles for the provision of public health and environmental health services for the City of Pico Rivera (City).
Fiscal Impact:
There is no direct fiscal impact to the General Fund for the provision of standard public health services under this agreement. The Los Angeles County retains fees collected for permits and licenses. Any discretionary services requested by the City will be billed on an hourly basis at approved County rates.
Background:
The County of Los Angeles Department of Public Health (DPH) has long-standing contracts with 85 cities within the County of Los Angeles for the provision of public health services. Most of these contracts date back to the 1950s and 1960s and allow the County's Public Health Officer to act as the Health Officer for participating cities, enforcing various public health statutes, regulations, and ordinances. These contracts have become outdated due to changes in the Health and Safety Code and the separation of the Department of Public Health from the Department of Health Services in 2006. To address this, the County is requesting new agreements be signed by cities currently under contract to receive public health services from DPH.
The authority for this partnership is granted under California Health and Safety Code Sections 101400 and 101405, which permit cities to contract with counties for local health officer services and environmental health enforcement. 15 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
AGREEMENT WITH LOS ANGELES COUNTY FOR PUBLIC HEALTH SERVICES (CONTRACT NO. PH-005647)
Discussion:
Public health protection is a core municipal responsibility, and this agreement allows the City to fulfill that responsibility in a cost-effective and efficient manner. The County has the staff, resources, expertise, and legal infrastructure to deliver high-quality public health services that the City could not feasibly replicate independently. The proposed Public Health Services Contract enables the County's Health Officer to observe and enforce within the territorial jurisdiction of the City of Pico Rivera the following:
• Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (CDPH).
• Statutes relating to public health.
• Provisions of the Los Angeles County Code, Title 11, and any amendments, as adopted by the City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.
The proposed contract is a comprehensive, long-term agreement with the following terms:
• Effective Date and Term: The contract becomes effective upon execution and continues until June 30, 2029. It will automatically renew for additional five-year terms unless terminated in writing by either party.
• Scope of Services: The County will provide all mandated public health services, as well as discretionary services at the request of the City. Services will be rendered according to standards set by the County Health Officer and the Director of Public Health.
• Fees and Compensation: The County will collect and retain all public health permit and license fees (as outlined in Title 8, Chapter 8.04 of the L.A. County Code). The City is not responsible for any personnel costs or salaries. Additional services requested by the City may be billed at rates approved by the County Board of Supervisors.
• Indemnification: Liability is addressed under previously executed Joint Indemnity or Assumption of Liability contracts between the City and County. This agreement references and incorporates those protections. • Ordinance Compliance: To allow County enforcement, the City must adopt or maintain current versions of the applicable sections of the L.A. County Code (particularly Title 11).
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025
AGREEMENT WITH LOS ANGELES COUNTY FOR PUBLIC HEALTH SERVICES (CONTRACT NO. PH-005647)
Key benefits include:
• Continued Legal Compliance: Aligns the City with state public health mandates and provides continuity in the role of a local Health Officer. • Public Safety: Ensures timely response to public health threats, disease outbreaks, and inspections.
• Administrative Efficiency: Leverages existing County resources to efficiently manage public health responsibilities without the need to establish an internal public health department.
• Financial Stewardship: Maximizes cost effectiveness by eliminating the need for additional staffing and infrastructure to provide public health services.
Environmental Analysis:
The approval and execution of this agreement are not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the "common sense" exemption. This exemption applies because the agreement involves the continuation of existing public health services, with no potential for causing a significant effect on the environment. The activities described in the agreement are administrative in nature and do not constitute a "project" under CEQA.
Conclusion:
This agreement ensures the City remains compliant with state law and maintains access to essential public health services under the authority of the County's Health Officer.
Steve Carmona
SC:AB:JG:ca
Enclosure: 1) Contract No. PH-005647 – Public Health Services Agreement
City of Pico Rivera – PH-005647
Contract No. PH-005647
DEPARTMENT OF PUBLIC HEALTH
PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________ by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF PICO RIVERA
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Pico Rivera hereinafter referred to as "City."
RECITALS:
The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (“Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.
The County agrees to continue performing such services on the terms and conditions set forth in this Contract.
This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.
To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.
ENCLOSURE 1
15a
City of Pico Rivera – PH-005647
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.
This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.
2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (“CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.
3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County
City of Pico Rivera – PH-005647
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the
City of Pico Rivera – PH-005647
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter
8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in
City of Pico Rivera – PH-005647
the performance of public health services and functions under this Contract shall be County personnel.
4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.
Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the
City of Pico Rivera – PH-005647
revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.
County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.
5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract.
City of Pico Rivera – PH-005647
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.
A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: [email protected]
(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: [email protected]
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: [email protected]
B. Notices to City must be addressed as follows:
(1) City of Pico Rivera
Attention: City Manager
6615 South Passons Boulevard
Pico Rivera, CA 90660
Email: [email protected]
Phone: (562) 942-2000
6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents
City of Pico Rivera – PH-005647
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.
7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.
8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.
9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
City of Pico Rivera – PH-005647
10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:
Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.
11. VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.
12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.
Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. /
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City of Pico Rivera – PH-005647
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above.
CITY OF PICO RIVERA COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________ John R. Garcia Barbara Ferrer, Ph.D., M.P.H., M.Ed.
Mayor Director
Date: ___________________________ Date: ___________________________
APPROVED AS TO FORM APPROVED AS TO FORM
BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL ARNOLD M. ALVAREZ-GLASMAN DAWYN R. HARRISON, County Counsel City Attorney
APPROVED AS TO CONTRACT
By: ____________________________ ADMINISTRATION:
City Attorney Department of Public Health
Date: ___________________________ By: _____________________________ Contracts and Grants Division
ATTEST:
CYNTHIA AYALA, City Clerk Date: ___________________________
By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
#07642:db
PICO RIVERA – PH-005647
Exhibit A:
CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE
PICO RIVERA
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
8.08.010 County Public Health Code adopted.
A. There is adopted by reference, except as hereinafter provided, the Los Angeles County Code, Title 11, Health and Safety, as currently in effect and as amended through Los Angeles County Ordinance No. 97-0071, and portions of Title 8, Consumer Protection, as contained in Los Angeles County Ordinance No. 97-0071.
These ordinances and codes shall become the health and safety ordinance of the city of Pico Rivera, protecting and preserving the public health, safety and welfare by the enactment, inspection and enforcement of the health regulations therein contained and providing penalties for the violations of the Health Code.
B. At least one copy of the Health Code shall be kept on file in the office of the city clerk or chief enforcement officer and shall be maintained by the city clerk or chief enforcement officer for use and examination by the public.
C. In the event of any conflict or ambiguity between the provisions contained in the Health Code and any amendment thereto or additions thereto contained in this chapter, the amendments or additions thereto shall control.
D. In the event of any conflict or ambiguity between any provision contained in the Health Code and any other provision of the Pico Rivera Municipal Code, the provisions of the Pico Rivera Municipal Code shall have control. (Ord. 913 § 2, 1998)
CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None
To: Mayor and City Council
From: City Manager
Meeting Date: April 22, 2025
Subject: AMENDMENT NO. 1 TO AGREEMENT NO. 22-2083 WITH
SOUTHLAND TRANSIT, INC. FOR THE CITY’S DIAL-A-VAN
OPERATION AND MAINTENANCE SERVICES
Recommendation:
1. Approve Amendment No. 1 to Professional Services Agreement No. 22-2083 with Southland Transit, Inc., increasing the contract amount by $250,000 for fiscal year (FY) 2024-25 and authorize the first one-year extension for FY 2025- 26, bringing the total agreement amount to $2,139,489 for the City’s Dial-A-Van transit services; and
2. Authorize the City Manager to execute the amendment in a form approved by the City Attorney.
Fiscal Impact:
Sufficient funding is available in the FY 2024-25 Adopted Budget, under the Prop A Contracted Services (Account No. 205.80.8410-54500-NonCIP9123), to cover the additional cost of $250,000 for a new not-to-exceed amount of $1,539,489.
Additionally, the total compensation for services provided during the one-year extension period shall not exceed $600,000, bringing the total agreement amount to $2,139,489.
Sufficient funding will be available in the upcoming FY 2025-26 budget upon the City Council’s approval under Proposition A Contracted Services (Account No. 205.80.8410- 54500NonCIP9123), to fully cover the cost of this (1) one-year extension. No additional appropriations are needed at this time.
Background:
The City of Pico Rivera (City) has been operating a DAV program since 1999. DAV is a curb-to-curb paratransit service for residents ages 55 years and older, and individuals with disabilities. The current program operates five (5) days per week from 8:00 a.m. – 11:00 a.m. and 12:00 p.m. – 4:00 p.m. Transportation is provided within the City of Pico 16 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 22, 2025 AMENDMENT NO. 1 TO AGREEMENT NO. 22-2083 WITH SOUTHLAND TRANSIT, INC. FOR THE CITY’S DIAL-A-VAN OPERATION AND MAINTENANCE SERVICES