Agenda packet, regular meeting, first session — Santa Fe Springs City Council, February 21, 2023

Agenda
02-21-2023 AGENDA.PDF
Meeting Materials
FEBRUARY 21, 2023, MEETING VIDEO
02-21-2023 AGENDA PACKET.PDF

1. Documents:

2. Documents:
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AGENDA

REGULAR MEETINGS OF THE SANTA FE SPRINGS

PUBLIC FINANCING AUTHORITY

WATER UTILITY AUTHORITY

HOUSING SUCCESSOR

SUCCESSOR AGENCY

AND CITY COUNCIL
February 21, 2023
6:00 P.M.

Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor
Council Chambers
11710 Telegraph Road
Santa Fe Springs, CA 90670
You may attend the City Council meeting telephonically or electronically using the following means:

Electronically using Zoom: Go to Zoom.us and click on “Join A Meeting” or use the following link:
https://zoom.us/j/521620472?pwd=U3cyK1RuKzY1ekVGZFdKQXNZVzh4Zz09 Zoom Meeting ID: 521620472 Password: 659847
Telephonically: Dial: 888-475-4499 Meeting ID: 521620472 Public Comment: The public is encouraged to
address City Council on any matter listed on the
agenda or on any other matter within its
jurisdiction. If you wish to address the City
Council, please use the "Raise Hand" function
via Zoom once the Mayor opens Public
Comment during the meeting. You may also
submit comments in writing by sending them to
the City Clerk's Office at
[email protected]. All written
comments received by 12:00 p.m. the day of the
City Council Meeting will be distributed to the
City Council and made a part of the official record
of the meeting. Written comments will not be
read at the meeting, only the name of the person
submitting the comment will be announced.

Americans with Disabilities Act: In compliance
with the ADA, if you need special assistance to
participate in a City meeting or other services
offered by this City, please contact the City Clerk’s
Office. Notification of at least 48 hours prior to the
meeting or time when services are needed will
assist the City staff in assuring that reasonable
arrangements can be made to provide
accessibility to the meeting or service.

Pursuant to provisions of the Brown Act, no
action may be taken on a matter unless it is listed
on the agenda, or unless certain emergency or
special circumstances exist. The City Council
may direct staff to investigate and/or schedule
certain matters for consideration at a future City
Council meeting.

Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.

Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.

City of Santa Fe Springs Regular Meetings February 21, 2023 2 1. CALL TO ORDER

2. ROLL CALL
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor

3. INVOCATION

4. PLEDGE OF ALLEGIANCE

5. INTRODUCTIONS

PUBLIC FINANCING AUTHORITY

6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Public Financing Authority.
a. Minutes of the January 24, 2023 Public Financing Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA) (Finance)
Recommendation:
• Receive and file the report.

WATER UTILITY AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Water Utility Authority.
a. Minutes of the January 24, 2023 Water Utility Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA) (Finance)
Recommendation:
• Receive and file the report.
c. Status Update of Water-Related Capital Improvement Projects (Public Works) Recommendation:
• Receive and file the report.

City of Santa Fe Springs Regular Meetings February 21, 2023 3 NEW BUSINESS

8. Amendment No. 1 to Water Delivery Agreement Between the Cities of Whittier and Santa Fe Springs Utility Authorities (Public Works)
Recommendation:
• Approve Amendment No. 1 to Water Delivery Agreement between the Cities of Whittier and Santa Fe Springs Utility Authorities and authorize the Executive Director to execute the Amendment.

HOUSING SUCCESSOR

9. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.

Minutes of the January 24, 2023 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

SUCCESSOR AGENCY

10. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Successor Agency.

Minutes of the January 24, 2023 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

CITY COUNCIL

11. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the January 24, 2023 Special City Council Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9847:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.

City of Santa Fe Springs Regular Meetings February 21, 2023 4 c. A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings (City Attorney)
Recommendation:
• Adopt Resolution No. 9848:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.
d. Authorize the Purchase of a Fireworks Display for the Independence Day Event from Pyro Spectaculars, Inc.(Community Services)
Recommendation:
• Appropriate $1,850 from the City’s General Fund Reserves; and • Authorize the purchase of a fireworks display in the amount of $25,850 for the 2023 Independence Day event to be held on Monday, July 3, 2023. e. Approve and Authorize the Director of Community Services to Sign Grant Agreement between the Santa Fe Springs City Library and the California State Library (Community Services)
Recommendation:
• Approve and Authorize the Director of Community Services to Sign the Grant Agreement between the Santa Fe Springs City Library and the California State Library for the eBooks for All Project. f. Authorize the Appropriation of $40,000 from Local Return Prop C Funds to Fully Fund the Purchase of a Cut-Away Bus (Finance)
Recommendation:
• Appropriate $40,000 from Local Return Prop C funds to fully fund the Ford E-450 Cut-Away bus; and
• Authorize the Director of Purchasing Services to process a purchase order change order in the amount of $39,741.06.
g. Ordinance No. 1127 – Adopting by Reference the 2022 Edition of the California Fire Code (Fire)
Recommendation:
• Waive further reading and adopt Ordinance No. 1127:

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADOPTING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, WITH AMENDMENTS, BY AMENDING SECTIONS 93.01, 93.03 AND 93.04 OF CHAPTER 93 (FIRE PREVENTION AND PROTECTION) OF THE SANTA FE SPRINGS

MUNICIPAL CODE, AND REPEALING ALL OTHER ORDINANCES AND
PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

PUBLIC HEARING

12. Annual Weed Abatement Program (City Clerk)
Recommendation:

City of Santa Fe Springs Regular Meetings February 21, 2023 5 • Open the Public Hearing;
• Receive any comments from the public wishing to speak on this matter and thereafter close the Public Hearing; and
• Direct the Los Angeles County Agricultural Commissioner/Weights & Measures to abate the nuisance by having weeds, rubbish, and refuse removed.

NEW BUSINESS

13. Approval of Professional Services Agreement Between the City of Santa Fe Springs and Koff & Associates for the Executive Recruitment for City Manager and Related Appropriation (Finance)
Recommendation:
• Approve the professional services agreement for the executive recruitment for City Manager with Koff & Associates.
• Appropriate $25,000 from the General Fund reserves to budget activity 10109000-542050.

14. PRESENTATIONS
a. Milestone Presentation (City Manager)
b. Proclamation – Proclaiming the Month of March 2023 as “National Reading Month” in Santa Fe Springs (Community Services)
c. Proclamation – Proclaiming the Month of March 2023 as “National Development Disabilities Awareness Month” (Community Services)
d. 2023 Youth Leadership Committee Annual Retreat at Green Valley Lake, CA and Recognition of Retreat Sponsor, Serv-Wel Disposal & Recycling (Community Services)
e. Introduction of Department of Community Services Newly Hired and Recently Promoted Employees (Community Services)

15. PUBLIC COMMENTS This is the time when comments may be made by members of the public on matters within the jurisdiction of the City Council, on the agenda and not on the agenda. The time limit for each speaker is three minutes unless otherwise specified by the Mayor.

16. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS

17. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS

18. COUNCIL COMMENTS

19. ADJOURNMENT I, Janet Martinez, City Clerk for the City of Santa Fe Springs, do hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road, not less than 72 hours prior to the meeting. 2/16/23
Janet Martinez, CMC, City Clerk Date Posted
.

AGENDA

REGULAR MEETINGS OF THE SANTA FE SPRINGS

PUBLIC FINANCING AUTHORITY

WATER UTILITY AUTHORITY

HOUSING SUCCESSOR

SUCCESSOR AGENCY

AND CITY COUNCIL
February 21, 2023
6:00 P.M.

Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.

Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.

City of Santa Fe Springs Regular Meetings February 21, 2023 2 1. CALL TO ORDER

2. ROLL CALL
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor

3. INVOCATION

4. PLEDGE OF ALLEGIANCE

5. INTRODUCTIONS

PUBLIC FINANCING AUTHORITY

6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

WATER UTILITY AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

City of Santa Fe Springs Regular Meetings February 21, 2023 3 NEW BUSINESS

HOUSING SUCCESSOR

Minutes of the January 24, 2023 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

SUCCESSOR AGENCY

Minutes of the January 24, 2023 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

CITY COUNCIL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

MUNICIPAL CODE, AND REPEALING ALL OTHER ORDINANCES AND
PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

PUBLIC HEARING

12. Annual Weed Abatement Program (City Clerk)
Recommendation:

NEW BUSINESS

16. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS

17. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS

18. COUNCIL COMMENTS

CONSENT AGENDA
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)

BACKGROUND
The Santa Fe Springs Public Financing Authority (PFA) is a City entity that has periodically issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the PFA.

Consolidated Redevelopment Project 2006-A Tax Allocation Bonds Financing proceeds available for appropriation at 1/31/2023 None Outstanding principal at 1/31/2023 $37,857,128
Bond Repayment
The former Community Development Commission (CDC) issued a number of tax allocation bonds before it was dissolved by State law effective February 1, 2012 which are administered by the City acting as Successor Agency under the oversight of the appointed Oversight Board. The Successor Agency no longer receives tax increment. Instead, distributions from the Redevelopment Property Tax Trust Fund (RPTTF) are received based on approved obligations. It is anticipated that sufficient allocations from the RPTTF will continue to be made to the Successor Agency to meet ongoing debt service obligations.

Unspent Bond Proceeds
Under an approved Bond Expenditure Agreement, unspent bond proceeds of the former CDC in the amount of approximately $19 million were transferred to the City in July 2014.

The funds are to be spent in accordance with the original bond documents. The unspent proceeds continue to be a source of funding within the City’s capital improvement program (CIP).
2016 Bond Refunding
In July 2016, the Successor Agency issued its 2016 Tax Allocation Refunding Bonds, which paid off several bond issuances of the former CDC. The bonds were originally issued through the Public Financing Authority and included the 2001 Series A, 2002 Series A, 2003 Series A, the current interest portion of the 2006 Series A, and 2006 Series B bond issuances.

RECOMMENDATION
Receive and file the report.

ITEM NO. 6B
Public Financing Authority Monthly Report Page 2 of 2
Report Submitted By: Travis Hickey Date of Report: February 16, 2023 Finance & Administrative Services
2017 Bond Refunding
In December 2017, the Successor Agency issued its 2017 Tax Allocation Refunding Bonds, which paid off the 2007 Tax Allocation Bonds of the former CDC. The 2007 Bonds were originally issued through the Public Financing Authority.

Tom Hatch
Interim City Manager/Executive Director
FOR ITEM NO. 7A
PLEASE SEE ITEM NO. 11A
City of Santa Fe Springs
Pla Water Utility Authority Meeting February 21, 2023
Report Submitted By: Travis Hickey Date of Report: February 16, 2023 Finance & Administrative Services

CONSENT AGENDA
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA)

BACKGROUND
The Santa Fe Springs Water Utility Authority (WUA) is a City entity that has issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the WUA.

Water Revenue Bonds, 2013
Financing proceeds available for appropriation at 1/31/2023 None Outstanding principal at 1/31/2023 $6,890,000
Water Revenue Bonds, 2018
Financing proceeds available for appropriation at 1/31/2023 None Outstanding principal at 1/31/2023 $820,000
In May 2013 the Water Utility Authority issued the 2013 Water Revenue Bonds in the amount of $6,890,000. The bonds refunded the existing 2003 Water Revenue Bonds (issued through the Public Financing Authority) and provided additional funds for water improvement projects in the amount of $2,134,339. The funds were restricted for use on water system improvements. In August 2013 the Water Utility Authority Board appropriated the proceeds for the Equipping Water Well No. 12 Project and all proceeds were since used on this project.

In January 2018 the Water Utility Authority issued the 2018 Water Revenue Bonds in the amount of $1,800,000. The bonds refunded the existing 2005 Water Revenue Bonds (issued through the Public Financing Authority). No additional funds were raised through the issuance of the 2018 Water Revenue Bonds.

The City budget includes sufficient appropriations and adequate revenues are expected to be collected to meet the debt service obligations associated with the 2013 and 2018 Water Revenue Bonds.

RECOMMENDATION
Receive and file the report.

ITEM NO. 7B
Water Utility Authority Monthly Report Page 2 of 2
Report Submitted By: Travis Hickey Date of Report: February 16, 2023 Finance & Administrative Services
The WUA was formed in June of 2009. Water revenue bonds issued prior to this date were issued through the City of Santa Fe Springs Public Financing Authority.

Tom Hatch
Interim City Manager/Executive Director
City of Santa Fe Springs
Water Utility Authority Meeting February 21, 2023
Report Submitted By: Yvette Kirrin Date of Report: February 16, 2023 Interim Director of Public Works

CONSENT AGENDA
Status Update of Water-Related Capital Improvement Projects

BACKGROUND
This report is for informational purposes only. The following is a listing of current active water projects.

Water Utility SCADA Programming And Maintenance
The Water Utility’s Supervisory Control And Data Acquisition (SCADA) software and system components are vital in operating and monitoring the drinking water system pressure, imported water connections, and the City’s five underpass pump stations.

SCADA allows staff to remotely monitor and make changes to specific system parameters.

As the SCADA system was installed more than twenty years ago, much of the hardware is outdated as is the software. Staff is preparing to advertise a Request for Proposals (RFP) for On-call SCADA Programming And Maintenance Services to ensure continued operation of the SCADA system.

INFRASTRUCTURE IMPACT
Having an On-call SCADA programing and maintenance contract in place will ensure continued operation of the City’s drinking water system. Updated software and hardware will ensure future compatible components are installed, decrease vulnerability to cyber threats, and increase reliability and functionality of the SCADA system.

Tom Hatch
Interim Executive Director
Attachments:

None

RECOMMENDATION
• Receive and file the report.

ITEM NO. 7C
City of Santa Fe Springs
Water Utility Authority Meeting February 21, 2023
Report Submitted By: Yvette Kirrin Date of Report: February 16, 2023 Interim Director of Public Works

NEW BUSINESS
Amendment No. 1 to Water Delivery Agreement between the Cities of Whittier and Santa Fe Springs Utility Authorities

BACKGROUND
The City of Santa Fe Springs Water Utility Authority entered into a five-year agreement with the City of Whittier Utility Authority on January 30, 2018, for the purchase and delivery of drinking water through the existing metered interconnection between the two water systems. The original agreement allows the mutual option to renew for two (2) terms of five (5) years in length. The agreement is attached as Exhibit 1 for reference.

The City entered into this agreement to secure low cost water supplies to supplement water purchased from Metropolitan Water District of Southern California (MWD) which costs significantly more. It is important for the City to secure low cost, high quality water supplies for its residents and businesses, as the Santa Fe Springs Water Utility Authority currently has no operable water wells.

On May 18, 2022, the California Division of Drinking Water issued a permit amendment for WUA’s water system and the permit amendment requires WUA to utilize advanced treatment methods with increased operations and maintenance costs. Amendment No. 1 to the agreement exercises the first five-year extension option and adjusts the rate from $275.00 per acre-foot to $415.00 per acre-foot to reflect the additional costs. CPI adjustments will continue as provided in the original agreement. Amendment No. 1 is attached as Exhibit 2 and a summary of costs is attached as Exhibit 3.

LEGAL REVIEW
The City Attorney’s office has reviewed the contract amendment.

FISCAL IMPACT
The City should expect to pay an estimated additional $100,000 this current fiscal year, while still staying under budget due to reduced water deliveries. The City will have to increase next fiscal year’s budget for imported groundwater purchases by approximately 40% to account for the increase, which is still lower than the imported water cost from MWD. The MWD imported water rate is about 350% that of Whittier’s water rate.

Tom Hatch
Interim Executive Director

RECOMMENDATION
• Approve Amendment No. 1 to Water Delivery Agreement between the Cities of Whittier and Santa Fe Springs Utility Authorities and authorize the Executive Director to execute the Amendment.

ITEM NO. 8
Click here to enter text. Page 2 of 2
Report Submitted By: Yvette Kirrin Date of Report: February 16, 2023 Interim Director of Public Works
Attachments:

1. Original Agreement with WUA

2. Amendment No. 1 to Agreement

3. Summary of Costs

WATER DELIVERY AGREEMENT BETWEEN THE CITIES OF

WHITTIER AND SANTA FE SPRINGS UTILITY AUTHORITIES
This Agreement, made and entered into this 3Ot~~ day of January, 2018, by and between THE SANTA FE SPRINGS WATER UTILITY AUTHORITY (hereinafter “SFSWUA”) and the WHITTIER UTILITY AUTHORITY (hereinafter “WUA”). This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by both parties:

WITNESSETH
The parties hereto do agree as follows:

1. Recitals. This Agreement is made and entered into with respect to the following facts:
a. That SFSWUA and WUA each operate domestic water supply facilities which are adjacent to one another; and
b. That the parties desire, by this Agreement, for WUA to deliver water to SFSWUA through the existing metered connection between their respective water systems near Rivera Road and Chetle Avenue; and c. That SFSWUA Board and WUA Executive Board have heretofore determined that it is in the public interest to execute this Agreement.

2. Facilities. An existing metered interconnection (hereinafter referred to CONNECTION) exists. SFSWUA shall own and maintain CONNNECTION during the term of this Agreement. CONNECTION shall have an operable shutoff valve upstream of CONNECTION, maintained and operated by WUA, and an operable shutoff valve downstream of CONNECTION, maintained and operated by SFSWUA. Either party shall provide 24 hour notice ahead of any planned shutdown of CONNECTION. In the event of an unplanned emergency, reasonably foreseeable to result in bodily harm and/or significant property damage, which requires shutdown of the CONNECTION, notice shall be given as soon as possible.

The transfer of water shall be recorded by a water meter. Either party may test the connection for accuracy with prior written permission of other party.

Water Delivery Agreement

SFSWUA I WUA
1 Delivery of Water (take or pay). WUA will supply such water at such pressure as may be available from their water system. WUA shall deliver a minimum average of 200 acre-feet per month through CONNECTION to SFSWUA. This take-or-pay monthly requirement shall be calculated and reconciled by the WUA following the end of each fiscal year (July 1 to June 30), and WUA shall invoice SFSWUA for failure to take the required quantity SFSWUA shall pay WUA any amount due within 30 days of invoicing by WUA. The amount of the pay required for failure to take the required quantity shall be calculated on the rate specified in Section 5(a) herein. The annual take-or-pay is 2,400 acre—feet per fiscal year and will be prorated for any partial years. SFSWUA will coordinate with WUA if it becomes necessary to substantially exceed the 200 AF monthly average.

Accounting for Water Delivered. The water furnished by WUA to SFSWUA through the CONNECTION shall be measured through the meter.

In the event water is used by SFSWUA, the WUA will be reimbursed within thirty (30) days of presentation of an invoice to SFSWUA at the rate effective at the time the water was supplied.

Rate.
a. SFSWUA will pay WUA for water delivered from water rights owned by SFSWUA at the rate of Two Hundred Seventy five Dollars ($275.00) per acre-foot. This rate shall be adjusted annually on the anniversary of the Agreement. Rate changes shall reflect the Los Angeles-Riverside-Orange County Consumer Price Index for AllUrban Consumers (CPI-U) for the most recent twelve (12) month.

The adjusted rate will reflect changes in energy and operational cost to produce, pump, and deliver the water and is for pumping water rights owned by SFSWUA.
b. SFSWUA will pay WUA for water delivered from water rights owned by WUA at the rate of ninety percent (90%) of the Metropolitan Water District of Southern California’s(MWD) tier 1 full service non — interruptible treated volumetric cost per acre foot or equivalent if MWD changes their rate structure.

Term. The initial term of this Agreement shall be for a period of five (5) years, with the mutual option to renew for two (2) terms of five (5) years in length.

Acts of God. Should any of the facilities experience damage determined to have been proximately caused by earthquakes in excess of a magnitude of

3.5 on the Richter scale, flood, fire, or any other natural disaster, then this Water Delivery Agreement

SFSWUA I WUA
2 agreement may be terminated without any liability to WUA. The water supply needs of WUA shall remain priority.

Liability. Each of the parties hereto does hereby hold the other party, its public officials, officers, agents, and employees, free and harmless from any claim, demand or judgment arising out of its activities pursuant to this Agreement.

Termination. This agreement may be terminated at any time with or without cause by WUA and/or SFSWUA upon giving a one hundred eighty (180) calendar days written notice to either party. Said notice shall specify the effective date of the termination.

WUA shall provide water for a period of up to one hundred eighty (180) days after the termination of this Agreement. SFSWUA shall compensate WUA for delivery of water at the rate described in Section 5a.

In the event that SFSWUA operations oversight responsibility is transferred to another agency, WUA may terminate this agreement upon thirty (30) days written notice.

10. Indemnification. SFSWUA shall hold harmless, defend at its own expense, and indemnify WUA, its officers, employees, and agents against any and all liability, claims, losses, damages or expenses, including reasonable attorneys’ fees, arising from all negligent acts or omissions, or acts of willful misconduct of SFSWUA or of its officers, agents, or employees in rendering services under this agreement; excluding, however such liability, claims, losses, damages, or expenses arising solely from WUA’s negligence or willful misconduct.

WUA shall hold harmless, defend at its own expense, and indemnify SFSWUA, its officers, employees, and agents against any and all liability, claims, losses, damages or expenses, including reasonable attorneys’ fees, arising from all negligent acts or omissions, or acts of willful misconduct of WUA or of its officers, agents, or employees in rendering services under this agreement; excluding, however such liability, claims, losses, damages, or expenses arising solely from SFSWUA’s negligence or willful misconduct.
11 Notices. Notices pursuant to this Agreement shall be in writing, and shall be served by personal service upon the parties to be notified, or by the deposit of the same in the course of transmission of the United States Postal Service, postage pre-paid, addressed to the parties as follows:

Water Delivery Agreement

SFSWUA I WUA
3 SFSWUA: SFSWUA
Attention: Director of Public Works
11710 Telegraph Road
SFSWUA, CA 90670
WUA: WHITTIER UTILITY AUTHORITY
Attention: Director of Public Works
13230 East Penn Street
Whittier, California 90602-1772
Service shall be deemed given as of the date of personal service, or in the event of the use of the postal service, on the second day following deposit of the same in the course of transmission of the said service, as reflected by the official U.S. postmark.

12. Waiver No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

13. Attorneys Fees. If either party becomes involved in litigation arising out of this contract or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorney’s fees, to the prevailing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.

14. Headings. Section and subsection headings are not to be considered part of Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

15. Arbitration. Any dispute, claim or controversy arising out of or connected with performance of this contract or its interpretation is subject to arbitration.

A party desiring arbitration shall give written notice to the other party, containing a general description of the controversy to be subjected to arbitration and designating an arbitrator by name and address. Within 30 days after such notice, the other party shall designate an arbitrator in writing by name and address.

The two arbitrators so selected shall choose a third arbitrator within 30 days after the other party’s arbitrator is designated. The arbitrators shall give Water Delivery Agreement

SFSWUA I WUA
4 written notice of the time and place of the hearing. If a party fails to designate an arbitrator, the arbitrator appointed by the other party shall serve as sole arbitrator.

The award of the majority of the arbitrators shall be non-binding. After entry of the arbitration award, any party may demand a trial de novo, both as to the law and the facts. The right must be timely exercised under CCP § 1141.20.

Water Delivery Agreement

SFSWUA I WUA
5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

Lisa Pope, Secr ary
/t Marti Vz, Secretary
By~j
Jos.’ A. Vinatieri, Chair
~7~THORIT
____ S TO FORM:

Richard I. ones, WUA Attorney
Santa Fe Springs Water Utility Authority
~C~person
APPROVED TO FORM:

IA
Yolanda ‘ erhill, SFSWUA Attorney
j
Water Delivery Agreement

SFSWUA I WUA
6 WH I
By
By
By
ATTEST:

ATTES
/
4 Jq
AMENDMENT NO. 1
TO

WATER DELIVERY AGREEMENT BETWEEN THE CITIES OF WHITTIER AND

SANTA FE SPRINGS UTIITY AUTHORITIES
This Amendment No. 1 to the Agreement for Water Delivery between Whittier and Santa Fe Springs Utility Authorities (“Amendment 1”) is made effective as of this ___ day of _____ 2023 (the “Effective Date”) by and between Whittier Utility Authority (WUA) and Santa Fe Springs Utility Authority (SFSWUA). Defined terms used herein shall have the same meaning as ascribed to them in the Agreement (as such term is defined below).

RECITALS
WHEREAS, on or about January 30, 2018, Lessor and Lessee entered into an Agreement for Water Delivery (the “Agreement”), a copy of which is attached hereto and incorporated herein by reference as Exhibit “A”; and
WHEREAS, the term of the Agreement commenced on January 30, 2018 and was set to expired on January 30, 2023; and
WHEREAS, the term of the Agreement has a mutual option to renew for two additional terms of five years in length; and
WHEREAS, pursuant to the Agreement, SFSWUA will pay rate of two hundred seventy-five dollars ($275.00) per acre foot, adjusted annually on the agreement anniversary by the Los Angeles-Riverside-Orange County Consumer Price Index for AllUrban Consumers (CPI-U); and WHEREAS, on May 18, 2022 the California Division of Drinking Water (DDW) issued a permit amendment for WUA’s water system; and
WHEREAS, the permit amendment requires WUA to utilize advanced treatment methods with increased operations and maintenance costs; and NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, WUA and SFSWUA hereby agree as follows:

1. Section 5 (Rate) shall be modified to reflect a rate of four hundred twenty five dollars ($425) per acre foot with continuing CPI-U adjustments for the most recent twelve month on the anniversary of the agreement.

2. Section 6 (Term WUA and SFSWUA mutually agree to exercise the first of two mutual options to renew agreement for five years.

IN WITNESS WHEREOF, WUA and SFSWUA have caused this Amendment 1 to be duly executed as of the Effective Date.

Santa Fe Springs Water Utility Authority
By: _________________________________
Name:

Title:

Whittier Utility Authority
By: _________________________________
Name: Brian Saeki
Title: Executive Director
ATTEST:

By: _________________________
Name: Rigo Garcia
Title: City Clerk
By: _________________________
Name: Richard D. Jones
Title: City Attorney
EXHIBIT “A”

WATER DELIVERY AGREEMENT BETWEEN THE CITIES OF WHITTIER AND

SANTA FE SPRINGS UTIITY AUTHORITIES

ORIGINAL AGREEMENT PFAS AMENDMENT
Charges Cost/AF Charges Cost/AF
Production Costs (Electrical) $45 Production Costs (Electrical) $45 Production Costs (Chemical) $7 Production Costs (Chemical) $10 Pumping Plant (Electrical) $45 Pumping Plant (Electrical) $45 Wheeling Charge $176 Wheeling Charge $176
CB Water Assessment $2 CB Water Assessment $2
$275 $278
GAC $12 GAC $62
Production Costs (Electrical) $57 Production Costs (Electrical) $57 Treatment Plant O&M $11 Treatment Plant O&M $11
Laboratory Costs $17
Total w/ Treatment $355 (REV) Total w/ Treatment $425
FOR ITEM NO. 9
PLEASE SEE ITEM NO. 11A
FOR ITEM NO. 10
PLEASE SEE ITEM NO. 11A
City Council Meeting February 21, 2023
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: February 16, 2023 Fernando Munoz, Deputy City Clerk
City of Santa Fe Springs

CONSENT AGENDA
Minutes of the January 24, 2023 Special City Council Meetings

BACKGROUND
Staff has prepared minutes for the following meetings:
• Special City Council Meeting of January 24, 2023
Staff hereby submits the minutes for Council’s approval.

Tom Hatch
Interim City Manager
Attachment:

1. January 24, 2023 Special Meeting Minutes

RECOMMENDATION(S)
• Approve the minutes as submitted.

ITEM NO. 11A
APPROVED:

MINUTES OF THE SPECIAL MEETINGS OF THE

CITY COUNCIL
January 24, 2023

1. CALL TO ORDER
Mayor Martin called the meeting to order at 6:00 p.m.

2. ROLL CALL
Members present: Councilmembers/Directors: Rodriguez, Rounds, Zamora, Mayor Pro Tem/Vice Chair Sarno and Mayor/Chair Martin.

Members absent: None.

3. INVOCATION
Invocation was led by Cindy Jarvis.

4. PLEDGE OF ALLEGIANCE
Aaron Doss, member of the Youth Leadership Advisory Committee led the Pledge of Allegiance.

5. INTRODUCTIONS
Scott Summerfield from Cascade Pump Company.

6. AB1234 CONFERENCE REPORT
Mayor Martin and Councillmember Rounds provided a brief report on the Contract Cities Legislative Tours Annual Conference event in Sacramento on January 9 and 10, 2023.

Mayor Martin requested to move Item Nos. 14A and 14B to the beginning of the agenda.

14. PRESENTATIONS
a. Recognition of Miss Santa Fe Springs Court for Community Service (City Manager) b. Recognition of Santa Fe Springs High School Baseball Team for Community Service (City Manager)

PUBLIC FINANCING AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Public Financing Authority.
a. Minutes of the December 6, 2022 Public Financing Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 2 ends

b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA) (Finance)
Recommendation:
• Receive and file the report.

It was moved by Councilmember Zamora, seconded by Councilmember Rodriguez, to approve the consent agenda, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None

Absent: None

WATER UTILITY AUTHORITY

8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Water Utility Authority.
a. Minutes of the December 6, 2022 Water Utility Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA) (Finance)
Recommendation:
• Receive and file the report.
c. Status Update of Water-Related Capital Improvement Projects (Public Works) Recommendation:
• Receive and file the report.

It was moved by Councilmember Zamora, seconded by Councilmember Rounds, to approve the consent agenda, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None

Absent: None

HOUSING SUCCESSOR

Minutes of the December 6, 2022 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

It was moved by Councilmember Rounds, seconded by Mayor Pro Tem Sarno, to approve the minutes as submitted, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

Nayes: None

Absent: None

SUCCESSOR AGENCY

Minutes of the December 6, 2022 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

It was moved by Councilmember Rodriguez, seconded by Councilmember Zamora, to approve the minutes as submitted, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin.

Nayes: None

Absent: None

CITY COUNCIL

11. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the December 6, 2022 Special and Regular City Council Meetings (City Clerk)
Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9844:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.
c. A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings (City Attorney)
Recommendation:
• Adopt Resolution No. 9845:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.

Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 4 ends

d. Authorize the Lease of Additional Stationary Automated License Plate Reader Cameras (Police Services)
Recommendation:
• Approve utilizing existing funds from the City’s General Fund to lease 10 Automated License Plate Readers (ALPR); and
• Appropriate $28,500 from the City’s General Fund to Activity 10102215 within the Police Services Budget; and
• Authorize the Director of Police Services to enter into a one-year leasing agreement, in a final form approved by the City Attorney’s office, with Flock Group Inc. for 10 Automated License Plate Readers (ALPR) in an amount not to exceed $28,500.
e. City of Bellflower Traffic Signal Maintenance Services – Approval of Contract Amendment No. 9 (Public Works)
Recommendation:
• Approve Amendment No. 9 to the agreement with the City of Bellflower to provide Signal Maintenance Services; and
• Authorize the City Manager to execute the agreement on behalf of the City. f. Approval of Use Agreements for Athletic Fields and Facilities with Norwalk/Santa Fe Springs Saints Youth Football & Cheer and Metropolitan Little League for 2023- 2026 (Community Services)
Recommendation:
• Approve the Use Agreement for Athletic Fields and Facilities with the Norwalk-Santa Fe Springs Saints Youth Football & Cheer for 2023-2026; and
• Approve the Use Agreement for Athletic Fields and Facilities with Metropolitan Little League for 2023-2026; and
• Authorize the Mayor to execute and sign the Use Agreement for Athletic Fields and Facilities with the Norwalk-Santa Fe Springs Saints Youth Football & Cheer; and
• Authorize the Mayor to execute and sign the Use Agreement for Athletic Fields and Facilities with Metropolitan Little League.
g. Authorize the Director of Purchasing Services to Enter Into a Master Lease Financing Agreement with Banc of America, National Association or Designee for the Purchase of Department of Fire-Rescue Apparatus and Equipment (Finance/Fire)
Recommendation:
• Authorize the Director of Purchasing Services to enter into a Master Lease Financing agreement with Banc of America, National Association or Designee with a 7-year term at an interest rate of 3.47% with annual payments that will provide for complete ownership of the apparatus/equipment at the end of the 7-year lease
• Affirm that the City of Santa Fe Springs is Bank Qualified for this transaction. h. Regional Training Group Civilian Assistant Planning Coordinator (Part Time):

Authorization to Advertise Request for Proposals (Fire) Recommendation:

Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 5 ends

• Authorize the Fire Chief to advertise a Request for Proposals to fill a 2020 State Homeland Security Program grant funded Regional Training Group Civilian Assistant Planning Coordinator (Part Time) position.

It was moved by Councilmember Zamora, seconded by Councilmember Rounds, to approve the consent calendar, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None

Absent: None

NEW BUSINESS

12. Custodial Services Agreement (Public Works)
Recommendation:
• Provide staff with direction on how to proceed with Custodial Services Agreement.

Kevin Periman, Municipal Services Supervisor provided a brief presentation on Item No.

12. Staff requires direction from Council, and recommends one of two options: 1) Negotiate a contract renewal with current vendor and bring back to Council, or 2) Issue Request for Proposal Bids to solicit other vendors to perform Custodial Services. Council directed staff to pursue Option 1.

It was moved by Mayor Pro Tem Sarno, seconded by Councilmember Zamora to proceed with Option 1, by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None

Absent: None

13. Authorize the Purchase of two Pierce Arrow Fire Apparatus from South Coast Equipment Inc. and Financing (Fire)
Recommendation:
• Authorize the purchase of two Pierce Arrow XT PUC Fire Engine from South Coast Equipment Inc., for an amount not to exceed $2,290,114.50;
• Appropriate $70,114.50 from the general equipment replacement fund to fully fund this change order.

Fire Chief, Chad Van Meeteren provided a brief presentation on Item No. 13.

It was moved by Councilmember Zamora, seconded by Councilmember Rodriguez, to authorize the purchase of two Pierce Arrow XT PUC Fire Engine from South Coast Equipment Inc., for an amount not to exceed $2,290,114.50, and appropriate $70,114.50 from the general equipment replacement fund to fully fund this change order by the following vote:

Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin.

Nayes: None

Absent: None
Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 6 ends

14. PRESENTATIONS
c. Recognition of Miss Santa Fe Springs Court for Community Service (City Manager) d. Recognition of Santa Fe Springs High School Baseball Team for Community Service (City Manager)
e. Introduction of Promoted Santa Fe Springs Department of Fire-Rescue Battalion Chief (Fire)
f. Introduction of Finance and Administrative Services Intern, Oscar Jimenez and Administrative Assistant II, Leslie Alvarado (Finance/HR) g. 5th Annual Planning Month Photo Contest Winners (Planning) h. Proclamation – January 9, 2023 as “Law Enforcement Appreciation Day” (City Manager)

15. PUBLIC COMMENTS
The following members of the public were present to make a comment: Tammy Corbett, Bob Gehrig, and Francis Carbajal.

16. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
• Acting City Manager, Travis Hickey spoke about Council directing staff to hire Tom Hatch as Interim City Manager, former City Manager for City of Costa Mesa and City of Orange. His contract will be brought forward to the February 7, 2023 meeting. He also spoke about the City’s Memorial Scholarship Program which will be January 30th. He spoke about attending last week’s Economic Forecast Workshop. Lastly, he spoke about the Director of Public Works, Noe Negrete and announced that his last day with the City will be February 3, 2023. • Director of Public Works, Noe Negrete spoke about the slurry sealing on certain streets and park project delays. He also spoke about the new 4-post lift at the Municipal Services Yard, and about the new F-750 Crane Truck named after former employee “Big Jim” who passed away a few years ago. Lastly, he thanked everyone for their time.
• Director of Police Services, Dino Torres spoke about the Diversity Assemblies that took place at Rancho Santa Gertrudes Elementary School and Santa Fe Christian School. He also spoke about the “Coffee with a Cop” event that will take place at the Police Services Center on Wednesday, February 1, 2023 from 8:30 a.m. to 10:30 a.m.
• Police Captain Aaron Ruiz provided a brief update on recent gun fire incidents that transpired over the weekend, two of which occurred on January 22nd. He noted that the Police Department is aware of the incidents, and detectives are gathering information. He also noted that the department partnered with the District Attorney’s office to work together. He added that the new Captain for California Highway Patrol has also been very helpful.
• Fire Chief, Chad Van Meeteren spoke about the two most recent promotions. • Finance Manager, Lana Dich provided a brief update on the roof replacement that will take place at the warehouse. She also spoke about the mid-year budget and provided a brief summary of the process.
• Director of Community Services, Maricela Balderas spoke about City events that took place in January 2023.

Minutes of the January 24, 2023 Housing Successor, Successor Agency, and City Council Meetings

Page 7 ends

17. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS
Councilmember Rodriguez appointed Johnny Hernandez to the Parks and Recreation Advisory committee and Senior Advisory committee.

Councilmember Rounds appointed Dolores Romero to the Senior Advisory Committee.

Council Member Zamora appointed Marina Gurrola to the Historical and Community Preservation Advisory Committee and Hilda Zamora to the Heritage Arts Advisory Committee.

18. COUNCIL COMMENTS
Councilmember Rodriguez spoke about the City’s recent events. She thanked Police Captain Ruiz, Director Torres for their work, and also thanked Metropolitan Little League President Carter and Women’s Club Member Francis Carbajal. Lastly, she gave condolences to the victims from the Monterey Park shooting.

Councilmember Rounds thanked residents that attended the meeting tonight and thanked staff for all their help. He spoke about the advisory committee that will resume to meet next month. He congratulated photo contest winners, and explained that certain project decisions take time. Lastly, he thanked all first-hand responders and Director Negrete for his time with the City.

Councilmember Zamora congratulated all the new hires and recently promoted employees. He thanked Library Services staff for all of their offerings. Lastly, he expressed his condolences for the Monterey Park shooting victims.

Mayor Pro Tem Sarno thanked Director Negrete for his time with the City, and all the first responders for their work and giving back to the community. Lastly, he thanked staff for their work.

Mayor Martin highlighted former Youth Leadership Committee member Karla Cardenas who is now working for Congresswoman Grace Napolitano. She also spoke about the economic workshop and the pub trivia night. She spoke about meeting with State Senator Bob Archuleta and how his office can help the City with the Aquatic Center. Lastly, she offered condolences to the Monterey Park shooting victims.

19. ADJOURNMENT
Mayor Martin adjourned the meeting in memory of Darnell Calhoun, Deputy Riverside County Sheriff, Efren Chavarria, father of Johnny Chavarria and Barbara Hayward, mother of Former Fire Chief, Brent Hayward, and resident Anthony Martinez at 7:46 p.m. _____________________
Juanita Martin
Mayor
ATTEST:
_____________________
Janet Martinez Date
City Clerk
City Council Meeting February 21, 2023
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: February 16, 2023 City of Santa Fe Springs

CONSENT AGENDA
A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630)

BACKGROUND
On March 4, 2020, the Governor of California issued a proclamation declaring a state of emergency due to the threat of COVID-19. On March 13, 2020, the President of the United States issued a proclamation of national emergency, beginning March 1, 2020, due to the COVID-19 outbreak. On March 17, 2020, the City Manager, acting as the Director of Emergency Services, issued a proclamation declaring the existence of a local emergency beginning March 12, 2020, due to the threat of COVID-19. On March 18, 2020, the City Council adopted Resolution No. 9668 ratifying the proclamation, and on April 9, 2020, the City Council adopted Resolution No. 9669 relating to taking action in response to the local emergency. The City Council has continued to reaffirm the existence of a local emergency due to the threat of COVID-19.

Government Code section 8630(c) provides that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. The state of emergency still exists and has not been lifted at the statewide or county level. The Los Angeles County Department of Public Health issued a revised health order on September 22, 2022, which states that the County is now experiencing a Low Community Level, as measured by the Centers for Disease Control and Prevention (CDC) COVID-19 Community Level Framework, but also states that it is very likely that there will be additional and unpredictable waves of infections and hospitalizations.

The reasons for declaring a local emergency still exist, and therefore, staff recommends that the City Council adopt the attached Resolution affirming the existence of a local emergency in accordance with Government Code section 8630(c).

Tom Hatch
Interim City Manager
Attachment(s):

1. Resolution No. 9847

RECOMMENDATION
• Adopt Resolution No. 9847:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19
ITEM NO. 11B
APPROVED:

ITEM NO.:
1 RESOLUTION NO. 9847
RESOLUTION NO. 9847

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS,

CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19
WHEREAS, on March 4, 2020, the Governor of California issued a proclamation declaring a state of emergency due to the threat of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States issued a proclamation of national emergency, beginning March 1, 2020, due to the COVID-19 outbreak; and
WHEREAS, on March 17, 2020, the City Manager, acting as the Director of Emergency Services, issued a proclamation declaring the existence of a local emergency beginning March 12, 2020, due to the threat of COVID-19; and WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 9668 ratifying the proclamation declaring the existence of a local emergency, and on April 9, 2020, the City Council adopted Resolution No. 9669 relating to taking action in response to the local emergency; and
WHEREAS, the City Council previously adopted resolutions reaffirming the existence of a local emergency due to the threat of COVID-19 pursuant to Government Code section 8630(c), which provides that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency; and
WHEREAS, the state of emergency still exists and has not been lifted at the statewide or county level; and
WHEREAS, the Los Angeles County Department of Public Health issued a revised health order on September 22, 2022, which states that the County is now experiencing a Low Community Level, as measured by the Centers for Disease Control and Prevention (CDC) COVID-19 Community Level Framework, but also states that it is very likely that there will be additional and unpredictable waves of infections and hospitalizations; and WHEREAS, COVID-19 continues to pose a threat to the safety of individuals in Santa Fe Springs and Los Angeles County, and the reasons for declaring a local emergency still exist.

APPROVED:

ITEM NO.:
2 RESOLUTION NO. 9847

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Council determines that there is need for continuing the local emergency until such time as the City Council declares the termination of the local emergency. The City Council will review the need for continuing the local emergency at least once every 60 days in accordance with Government Code section 8630(c).

2. The City Council reaffirms Resolution Nos. 9668 and 9669 relating to the declaration of and response to a local emergency due to the threat of COVID-19, and all parts therein.

APPROVED and ADOPTED this 21st day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Juanita Martin, Mayor
ATTEST:
__________________________
Janet Martinez, CMC, City Clerk
City Council Meeting February 21, 2023
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: February 16, 2023 City of Santa Fe Springs

CONSENT AGENDA
A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings

BACKGROUND
At its regular meeting of December 7, 2021, the City Council adopted Resolution No. 9747 authorizing the City Council and all legislative bodies and committees of the City to meet by teleconference. In order to continue holding teleconference meetings pursuant to this new law, an agency is required, at least every 30 days, to make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

On March 4, 2020, the Governor issued a proclamation declaring a state of emergency due to the threat of COVID-19. The California Department of Public Health and the County of Los Angeles Department of Public Health have issued public health orders during this state of emergency for the purpose of reducing transmission of COVID-19. Such orders have included social distancing requirements. The state of emergency continues to directly impact the ability of the members to meet safely in person due to a number of factors, including the high number of daily cases and community transmission and increased transmission of COVID-19 by the Delta variant. The Department of Public Health has stated that the Delta variant is two times as contagious as earlier variants, remains predominant in Los Angeles County, and continues to lead to increased infections.

Accordingly, staff has prepared the attached resolution to continue to authorize remote teleconference meetings and will include on all future meeting agendas such a resolution until such time as the state of emergency ceases, or as otherwise directed by the City Council.

RECOMMENDATION
• Adopt Resolution No. 9848:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE

MEETINGS DURING A STATE OF EMERGENCY
ITEM NO. 11C
City Council Meeting February 21, 2023
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: February 16, 2023 City of Santa Fe Springs
Tom Hatch
Interim City Manager
Attachment:

1. Resolution No. 9848
APPROVED:

ITEM NO.:
1 RESOLUTION NO. 9848

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS

AFFIRMING THE LEGALLY REQUIRED FINDINGS TO AUTHORIZE THE CONDUCT

OF REMOTE TELECONFERENCE MEETINGS DURING A STATE OF EMERGENCY WHEREAS, on March 4, 2020, pursuant to California Government Code section 8625, the Governor declared a state of emergency; and
WHEREAS, on September 17, 2021, the Governor signed AB 361, which bill went into immediate effect as urgency legislation; and
WHEREAS, AB 361 adds Subsection (e) to Section 54953 of the Government Code to authorize legislative bodies to conduct teleconference meetings without complying with the requirements set forth in Section 54953(b)(3), provided the legislative body makes specified findings and complies with certain requirements; and WHEREAS, the County of Los Angeles Department of Public Health reports a high number of daily cases and community transmission, as well as increased transmission of COVID-19 due to the Delta variant, which is two times as contagious as earlier variants, remains predominant in Los Angeles County, and continues to lead to increased infections; and
WHEREAS, public health officials recommend social distancing as a protective measure to decrease the chance of spread of COVID-19; and WHEREAS, at its regular meeting of November 2, 2021, the City Council adopted Resolution No. 9735 authorizing the City Council and all legislative bodies and committees of the City to meet by teleconference; and
WHEREAS, Government Code Section 54953(e)(3) requires an agency to reconsider the circumstances of the state of emergency and make certain findings every thirty days in order to continue to conduct remote teleconference meetings pursuant to Section 54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE that:

1. The City Council has reconsidered the circumstances of the state of emergency and finds that the state of emergency continues to directly impact the ability of its members to meet safely in person.

2. The City Council and all legislative bodies and committees of the City are authorized to meet by teleconference pursuant to, and in compliance with the requirements of, Government Code section 54953(e).

APPROVED:

ITEM NO.:
2 APPROVED and ADOPTED this 21st day of February 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Juanita Martin, Mayor
ATTEST:
__________________________
Janet Martinez, CMC, City Clerk
City Council Meeting February 21, 2023
Report Submitted By: Gus Hernandez/Maricela Balderas Date of Report: February 16, 2023 Department of Community Services
City of Santa Fe Springs

CONSENT AGENDA
Authorize the Purchase of a Fireworks Display for the Independence Day Event from Pyro Spectaculars, Inc.

BACKGROUND
The City has contracted with Pyro Spectaculars for its Independence Day event dating back to 2010. Pyro Spectaculars offers a professional quality fireworks display and the City has been content with their services each year. In 2019, there were technical difficulties and the City was refunded the full amount. Over the past several years, the technicians from Pyro Spectaculars have worked seamlessly with Community Services Department staff to coordinate event set-up on the day of the show. No safety or permit issues have occurred with Pyro Spectaculars’ fireworks technicians, equipment or displays from a fire safety standpoint (Fire Department) or from staff’s standpoint.

The 2023 fireworks display will consist of 340 main body aerial shells, 740 pyrotechnic devices, and 313 shells for the grand finale, for a total of 1,393 total shots fired. The display time is approximately 18-20 minutes in duration (similar to 2021 and 2022).

Shells will not exceed 4”, which will require a fallout zone of 280’ in each direction (each inch of shell requires a 70’ fallout zone in each direction).

FISCAL IMPACT
Prior to this year, the fireworks show has not exceeded $25,000, thus, the authorization to purchase the fireworks display was signed at staff’s level. Due to increased costs of fireworks and fireworks displays, this year’s show will cost $25,850 ($23,500 in 2022). City Council approved $24,000 for the fireworks display in the City’s adopted budget in account 10105420-542050. There is a budget shortfall of $1,850, therefore, staff is asking for an additional appropriation from the City’s general fund reserves to cover the costs of the fireworks display. Staff sought quotes from other companies, however, companies were unresponsive, or unwilling to provide the City with a proposal.

Item_____________ Amount____
Budgeted Amount for Fireworks Display $24,000
Budget shortfall____ $1,850_____
Total $25,850

RECOMMENDATION(S)
• Appropriate $1,850 from the City’s General Fund reserves; and • Authorize the purchase of a fireworks display in the amount of $25,850 for the 2023 Independence Day event to be held on Monday, July 3, 2023 ITEM NO. 11D
City Council Meeting February 21, 2023
Report Submitted By: Gus Hernandez/Maricela Balderas Date of Report: February 16, 2023 Department of Community Services
City of Santa Fe Springs
Below is a list of the vendor outreach, and the proposals received:

Vendor_____________ Amount____
Pyro Spectaculars, Inc. $25,850
Hollywood Pyrotechnics (Minnesota) $30,000 (working on license for California) Expo Shows Unwilling to submit quote
Zambelli Fireworks Unwilling to submit quote (booked for 2023) Fireworks America Unwilling to submit quote (booked for 2023) Garden State Fireworks Unwilling to submit quote (booked for 2023) Western Displays Not licensed in California
Pyrotecnico Unresponsive
Orion Pyrotechnics Unresponsive
Celebration Fireworks Unresponsive
Titatanium Fireworks Unresponsive
Premiere Pyrotechnics Unresponsive

INFRASTRUCTURE IMPACT
Temporary infrastructure will be setup the morning of the event, Monday, July 3, 2023, at Rancho Santa Gertrudes Elementary School (RSGES). This temporary infrastructure will be removed after the conclusion of the event. RSGES has been secured in 2023 for the fireworks display.

LEGAL REVIEW
The City Attorney has reviewed the proposal and agreement provided by Pyro Spectaculars, Inc.

Tom Hatch
Interim City Manager
Attachment(s):

1. Proposal from Pyro Spectaculars, Inc.

2. List of Vendor Outreach

3. Unresponsive/Unwilling Responses
ATTACHMENT 1

Fireworks Outreach 2023
Outreach conducted by Parks & Recreation Services Manager, Gus Hernandez Date of Outreach Vendor Contact Information Response
Mon 1/23/23 Pyro Spectaculars 909-355-8120 ext. 239
[email protected]
Proposal Submitted
Thu 1/26/23
Tue 2/7/23
Garden State Fireworks 908-647-1086
[email protected]
Unwilling to submit quote
(booked for 2023); stated
over the phone that a
show on that weekend is
minimum $40K
Thu 1/31/23 Western Displays [email protected] Not licensed in California Thu 2/2/23
Tue 2/7/23
Expo Shows 310-864-9616
[email protected]
Unwilling to submit quote
Thu 2/2/23 Pyrotecnico 724-923-6607
[email protected]
Unresponsive
Thu 2/2/23
Mon 2/6/23
Orion Pyrotechnics 360-791-5055
[email protected]
Unresponsive
Thu 2/2/23
Tue 2/7/23
Hollywood Pyrotechnics 866-797-6411
[email protected]
Working on License in
California
Thu 2/2/23
Mon 2/6/23
Zambelli Fireworks 800-322-7142 Already booked for 2023 and unwilling to submit
quote; stated that costs
have doubled since COVID
Thu 2/2/23
Mon 2/6/23
Fireworks America 800-464-7976 Already booked for 2023
and unwilling to submit
quote
Thu 2/2/23
Wed 2/8/23
Celebration Fireworks 610-978-8989
[email protected]
Unresponsive
Thu 2/2/23 Titanium Fireworks [email protected] Unresponsive Thu 2/2/23 Premiere Pyrotechnics [email protected] Unresponsive ATTACHMENT 2
1 Gustavo Hernandez
From: David MacCormick <[email protected]>
Sent: Thursday, February 2, 2023 3:59 PM
To: Gustavo Hernandez
Subject: Re: Requesting Quote for Fireworks
Hi Gus,
Happy New Year. Hope all's well. We are honored for the consideration.

Unfortunately, we are not in a position to invest & allocate resources for July 3-4 single year contracts this year. It may change if we get any late cancellations or non renewals for 2024. We've been unsuccessful with all our previous bids with the City so hopefully you have your preferred vendor available. Thank you for the interest
Best wishes
David MacCormick
(310) 864-9616
Sent from my iPhone
On Feb 2, 2023, at 2:46 PM, Gustavo Hernandez <[email protected]> wrote:

Good Afternoon,
The City of Santa Fe Springs is seeking quotes for its fireworks show for our Independence Day event. Can you send me a quote for the following:
 Event on July 3, 2022
 18-20 minute show
 Location: Los Nietos Park, 11155 Charlesworth Road, Santa Fe Springs, CA 90670 Thanks,
Gus Hernandez I Parks & Recreation Services Manager
City of Santa Fe Springs I Parks & Recreation Division
11740 Telegraph Road I Santa Fe Springs, CA 90670
(562) 863-4896, Ext 7873 I (562) 863-4231 Fax
[email protected] I www.santafesprings.org ATTACHMENT 3
1 Gustavo Hernandez
From: Heather Gobet <[email protected]>
Sent: Thursday, February 2, 2023 2:49 PM
To: Gustavo Hernandez
Subject: RE: Requesting Quote for Fireworks
Thank you for the opportunity, however we are not licensed to do business in California.

Regards,
Heather Gobet
President
PO Box 932 Canby, OR 97013
503-656-1999 Office
503-853-6002 Cell
503-656-6628 Fax
www.westerndisplay.com
From: Gustavo Hernandez <[email protected]> Sent: Thursday, February 2, 2023 2:46 PM
To: Gustavo Hernandez <[email protected]> Subject: Requesting Quote for Fireworks
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good Afternoon,
The City of Santa Fe Springs is seeking quotes for its fireworks show for our Independence Day event. Can you send me a quote for the following:
 Event on July 3, 2022
 18-20 minute show
 Location: Los Nietos Park, 11155 Charlesworth Road, Santa Fe Springs, CA 90670 Thanks,
Gus Hernandez I Parks & Recreation Services Manager
City of Santa Fe Springs I Parks & Recreation Division
11740 Telegraph Road I Santa Fe Springs, CA 90670
(562) 863-4896, Ext 7873 I (562) 863-4231 Fax
[email protected] I www.santafesprings.org 1 Gustavo Hernandez
From: John Hagan <[email protected]>
Sent: Tuesday, February 7, 2023 3:46 PM
To: Gustavo Hernandez
Cc: Tiffany Nichols
Subject: RE: Requesting Quote for Fireworks
Gustavo,
Thank you for reaching out to Zambelli Fireworks.

I apologize for the delay in my reply.

Unfortunately, we are completely booked for the 2023 4th July.

That said, we are rapidly expanding our operations across the Southwest.

We are looking forward to having more licensed crews in Arizona soon.

Currently out minimums for fireworks displays during the peak week of 4th July are coming at $30,000.

For displays outside of the 4th July peak time, we are coming at 17k for minimums.

Please do keep us in mind for any events throughout the year that may require fireworks.

We would be happy to put forward a proposal for review.

Thank you again,
John
John D Hagan
Project Manager
Zambelli Fireworks
Office:800-245-0397
Fax: 800-641-8932
[email protected]
www.zambellifireworks.com
To: John Hagan <[email protected]>
Cc: Tiffany Nichols <[email protected]>
Subject: FW: Requesting Quote for Fireworks
From: Gustavo Hernandez <[email protected]> Sent: Thursday, February 2, 2023 5:46 PM
To: Gustavo Hernandez <[email protected]> Subject: Requesting Quote for Fireworks
2 [External] This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good Afternoon,
The City of Santa Fe Springs is seeking quotes for its fireworks show for our Independence Day event. Can you send me a quote for the following:
 Event on July 3, 2022
 18-20 minute show
 Location: Los Nietos Park, 11155 Charlesworth Road, Santa Fe Springs, CA 90670 Thanks,
Gus Hernandez I Parks & Recreation Services Manager
City of Santa Fe Springs I Parks & Recreation Division
11740 Telegraph Road I Santa Fe Springs, CA 90670
(562) 863-4896, Ext 7873 I (562) 863-4231 Fax
[email protected] I www.santafesprings.org You don't often get email from [email protected]. Learn why this is important City Council Meeting February 21, 2023
Report Submitted By: Maricela Balderas/Deborah Raia Date of Report: February 16, 2023 Department of Community Services
City of Santa Fe Springs

CONSENT AGENDA
Approve and Authorize the Director of Community Services to Sign Grant Agreement between the Santa Fe Springs City Library and the California State Library

BACKGROUND
On January 20, 2023 the Library was awarded $12,000 in federal Library Services and Technology Act (LSTA) funds to purchase e-books and e-audiobooks for the State Library’s eBooks for All Project. This project is a statewide collection of e-books and e-audiobooks available to everyone in California. This grant requires matching funds; for a match of $3,000 we were awarded $12,000 to allow us to purchase materials that are relevant to our community.

LEGAL REVIEW
The City Attorney has reviewed the Agreement between the City of Santa Fe Springs and California State Library.

FISCAL IMPACT
There is no impact to the General Fund. All costs for materials are covered by the grants.

Tom Hatch
Interim City Manager
Attachment(s):

1. Agreement

RECOMMENDATION
• Approve and Authorize the Director of Community Services to Sign the Grant Agreement between the Santa Fe Springs City Library and the California State Library for the eBooks for All Project ITEM NO. 11E
January 20, 2023
Deborah Raia, Library Services Manager
Santa Fe Springs
11700 Telegraph Road
Santa Fe Springs, CA 90670-3658
Dear Deborah Raia:

We are pleased to approve the grant application for the eBooks For All project for a total of $12,000 in federal Library Services and Technology Act (LSTA) funds.

Hard copies of this correspondence will not follow. Keep the entirety of this correspondence for your files and consider these award materials your original documents. Please refer to the Grant Guide located on the California State Library’s Manage Your Current Grant webpage (https://www.library.ca.gov/grants/manage/) for more information and review the following:

LSTA Funds
Processing of grant payments may take from eight to ten weeks before delivery. If you have not received payment ten weeks after submitting your claim form to the State Library’s Fiscal Department, please contact your Grant Monitor.

Project Support
There are two people assigned to your project. The first is your Grant Monitor. Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Amanda Gamon and can be reached via email at [email protected]. You are also assigned a Library Programs Consultant for ongoing programmatic support. The Library Programs Consultant assigned to your project is Chris Durr and can be reached via email at [email protected].

Please stay in touch with your Grant Monitor and Library Programs Consultant throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,
Greg Lucas
California State Librarian
cc: Deborah Raia [email protected]
Chris Durr [email protected]
Amanda Gamon [email protected]
Fiscal Team [email protected]
Angie Shannon [email protected]
Lynne Oliva [email protected]
Reed Strege [email protected]
Natalie Cole [email protected]
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Atta
Attachment No. 1
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
THE BASICS – YOUR LSTA GRANT AWARD
The following provides all of the basic information about your grant and managing your grant.

Award #: 40-9409
File #: EB-11
IMLS #: LS-252449-OLS-22
Organization: Santa Fe Springs
Project Title: eBooks For All
Award Amount: $12,000
2022/2023 LSTA APPROVED BUDGET
Salaries/Wages/Benefits $
Consultant Fees $
Travel $
Supplies/Materials $
Equipment ($5,000 or more per unit) $
Services $12,000
Project Total $12,000
Indirect Cost $
Grant Total $12,000
Payment Schedule IN-FULL
Start Date: February 1 2023
End Date: June 30 2023
This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date.

REPORTING
Financial and program narrative reports are required. All required reporting materials will be located on the California State Library’s Manage Your Current Grant webpage (https://www.library.ca.gov/grants/manage/).

Reporting period and deadlines can be found in the Award Agreement and Certification of Compliance for this project. Failure to provide timely reports is a serious breach of a grant recipient’s administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds.

PAYMENTS
Please note: If your full grant amount is more than $20,000, ten percent (10%) of the grant award is withheld until the end of the project period (unless otherwise noted in the Award Agreement and Certification of Compliance. This ten percent (10%) is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program.

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LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)

AWARD AGREEMENT AND

CERTIFICATION OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY.................................................................................. Error! Bookmark not defined.

PROCEDURES and REQUIREMENTS......................................................... Error! Bookmark not defined.

A. Term of the Agreement ....................................................... Error! Bookmark not defined.

B. Scope of Work....................................................................... Error! Bookmark not defined.

C. Spending Funds.................................................................... Error! Bookmark not defined.

D. Narrative and Financial Reports......................................... Error! Bookmark not defined.

E. Claim Form and Payment.................................................... Error! Bookmark not defined.

EXHIBIT A: TERMS AND CONDITIONS .................................................... Error! Bookmark not defined.

EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS ..... Error! Bookmark not defined.

EXHIBIT C: LSTA AWARD REQUIREMENTS.............................................. Error! Bookmark not defined.

A. CIPA Compliance ................................................................ Error! Bookmark not defined.

B. Contracting Guidance......................................................... Error! Bookmark not defined.

C. Language Access Services ................................................ Error! Bookmark not defined.

EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM ......................... Error! Bookmark not defined.

Certification ............................................................................... Error! Bookmark not defined.

Authorized Representative Signature..................................... Error! Bookmark not defined.

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PROJECT SUMMARY

AWARD AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY
and Santa Fe Springs for the eBooks For All
AWARD AGREEMENT NUMBER 40-9409
This Award Agreement (“Agreement”) is entered into on February 1, 2023 by and between the California State Library (“State Library”) and Santa Fe Springs, (“Subrecipient”).

This Award Agreement pertains to Santa Fe Springs’s LSTA-funded eBooks For All project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Subrecipient was selected by the State Library to receive LSTA award funds in the amount of $12,000 through the process adopted by the State Library in administering such grants.

The State Library and the Subrecipient, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Award term begins on the date of execution of the Agreement by both parties, until September 30, 2023. If completion of the project occurs prior to the end of the award period, this will be the end date of the term of this agreement. Award eligible program expenditures may begin no earlier than the start date of the project period.

The project period ends on June 30, 2023 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Subrecipient agrees to perform all activities specifically identified in the Subrecipient’s application and submitted to the State Library in response to LSTA Capacity (Statewide) Grant Award opportunity.

2. The following activities and deliverables to be performed by the Subrecipient include, but are not limited to the following:
 Maintain and keep records of expenditures related to the grant that are consistent with the Generally Accepted Accounting Principles (GAAP).  Make financial records available to the State Library upon request.  Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
 Prepare and submit required narrative and financial reports.  Procure equipment, and other supplies as needed for the project.  Issue contracts for services, personnel, and consultants.  If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
 Oversee the implementation of project activities.

C. Spending Funds

1. There are federal restrictions for how LSTA funding can and cannot be spent.

Please be sure to review the Restrictions on the Use of LSTA Grant Funds, also detailed in Exhibit B of this agreement, to ensure that LSTA funds are used appropriately. Unallowable costs may not be counted toward a project’s match or in-kind contribution.

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D. Narrative and Financial Reports

1. The Subrecipient shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Subrecipient under the Agreement, and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
January - March Mid-project Financial Report
Mid-project Narrative
Report
April 15, 2023
April - Project End Date Final Financial Report
Expenditure Detail Report
Final Program Narrative
Report
Upon completion of the
project but no later than
July 31, 2023
60 Days from Project
End Date (if end date is
extended see extension
letter for new dates)
Liquidation Financial Report
Due (Only required if
encumbered funds have
not been spent by project
end date)
September 30, 2023

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Subrecipient agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Subrecipient payment as outlined in the payment schedule, and only for those activities and costs specified in the approved award application.

2. The Subrecipient shall complete, sign, and submit the Certification of Compliance form (Exhibit D) and the Financial Claim form (included in your award packet) to the California State Library within 14 days of receiving the award packet. These forms will be issued, signed and submitted using the online signature and agreement platform, DocuSign.

3. Any of the sums listed as approved and/or amended appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Subrecipient under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Subrecipient, the Subrecipient shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Subrecipient. It is the Subrecipient’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. For awards over $20,000, the Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and Grant Monitor approval of the final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Subrecipient in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Subrecipient may typically expect payment to be issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Subrecipient or DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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to furnish any other considerations under this Agreement and the Subrecipient shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Subrecipient to reflect the reduced amount.
c. This grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made.
d. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2022-2023 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner.
e. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds.
f. The California State Library has the option to amend the grant award to reflect any reduction of funds.
g. Upon the grant award approval by the State Librarian, one (1) completed set of this Award Agreement will be sent to the Subrecipient.

Such copy shall be the officially approved agreement for the conduct of the approved project.

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EXHIBIT A: TERMS AND CONDITIONS

1. Accessibility: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

Subrecipient shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library.

When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:
 Project toolkits
 Digital resources
 Publications
 Survey templates
 Project marketing materials

2. Acknowledgment: The Institute of Museum and Library Services and the California State Library shall be acknowledged in all promotional materials and publications related to the LSTA-funded project.

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a. LSTA award recipients must ensure that the Library Services and Technology Act receive full credit as the funding program and that the Institute of Museum and Library Services (IMLS) likewise, is acknowledged as the federal source of funds.
b. Publications and information releases about the project must credit the Library Services and Technology Act (LSTA). An appropriate statement for a publication or project press release is:
"This [publication/project] was supported in whole or in part by the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian."
As appropriate, this disclaimer should be added:
"The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Institute of Museum and Library Services or the California State Library, and no official endorsement by the U.S. Institute of Museum and Library Services or the California State Library should be inferred."
c. This credit line on products of a project, such as materials and publicity, is important to foster support from the public and by state and federal funding sources.
d. For more examples from Institute of Museum and Library Services (IMLS) provided for recipients of national level grants, please see IMLS Acknowledgement Requirements.
e. IMLS Logo: Use of the IMLS logo, which can be downloaded on the IMLS Logos page, is required on any publications. Please refer to the IMLS Brand Standards page for further details and usage requirements. If the award project results in copyrightable material, the sub Subrecipient or any subcontractor of the sub Subrecipient is free to copyright the work.

However, IMLS and the State Library reserve a royalty-free, exclusive and irrevocable license to reproduce, publish, or otherwise use and authorize others to use the work for government purposes.
f. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or use the IMLS Media Content Authorization and Release form.

3. Agency: In the performance of this Agreement the Subrecipient and its agents and employees shall act in an independent capacity and not as officers, DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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employees or agents of the California State Library. The Subrecipient is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Subrecipient shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Subrecipient may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Subrecipient, and their respective successors and assigns.

7. Audit and Records Access: The Subrecipient agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Subrecipient agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Subrecipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Subrecipient agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

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Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Subrecipient and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective Grant Monitor or representative of the California State Library or Subrecipient. For this purpose, the following contact information is provided below:

Santa Fe Springs California State Library
Deborah Raia Amanda Gamon
11700 Telegraph Road 900 N Street
Santa Fe Springs, CA, 90670-3658 Sacramento, CA 95814
916-603-6711
[email protected] [email protected]

10. Confidentiality: Subrecipient will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential, or is protected by privilege. Subrecipient agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Subrecipient of their responsibilities and obligations hereunder. The Subrecipient agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Subrecipient. The Subrecipient’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Subrecipient. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

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12. Copyright: Subrecipient owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Subrecipient is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

13. Discharge of Grant Obligations: The Subrecipient's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Subrecipient is a non-profit entity, the Subrecipient’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

14. Dispute Resolution: In the event of a dispute, Subrecipient will discuss the problem informally with the Grant Monitor. If unresolved, the Subrecipient shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Subrecipient for purposes of resolving the dispute.

Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Subrecipient may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Subrecipient shall continue with its responsibilities under this Agreement during any dispute.

15. Drug-free Workplace: The Subrecipient certifies under penalty of perjury under the laws of California, that the Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
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3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Subrecipient’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Subrecipient’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future state agreements if the California State Library determines that the Subrecipient has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

18. Exclusive Agreement: This is the entire Agreement between the California State Library and Subrecipient.

19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Subrecipient’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. Extensions of up to 30 days following the original project period end date may be granted. Extended project end dates may not exceed the end of the Federal fiscal year (September 30).

21. Failure to Perform: If the Grant Monitor determines the Subrecipient has not complied with this Agreement, or is not implementing the project as approved by the State Library, the Subrecipient may forfeit the right to reimbursement of any grant funds not already by the California State Library, including, but not limited to, the ten percent (10%) withhold.

22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Subrecipient’s payments or make FICA payments on the Subrecipient’s behalf; or
b. Make Federal or State unemployment insurance contributions on Subrecipient’s behalf; or
c. Withhold Federal or State income taxes from Subrecipient’s payments Subrecipient shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

23. Force Majeure: Neither the California State Library nor the Subrecipient, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Subrecipient, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at their sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Subrecipient to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

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25. Fringe Benefit Ineligibility: Subrecipient agrees that neither the Subrecipient nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

26. Generally Accepted Accounting Principles: The Subrecipient is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

27. Grant Monitor: The Grant Monitor may monitor Subrecipient performance to ensure Subrecipient expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless such authority is expressly stated in the Procedures and Requirements.

28. Independent Action: Subrecipient reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Subrecipient’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Subrecipient shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

29. Indemnification: Subrecipient agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Subrecipient in the performance of this Agreement.

30. License to Use: The California State Library and the Institute of Museum and Library Services reserve a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Subrecipient in connection with this Agreement. This DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant or contract under this award; and
b. Any rights of copyright to which a Subrecipient or a contractor purchases ownership with award support.

31. Limitation of Expenditure: Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. The total amount paid by the California State Library to the subrecipient under this agreement shall not exceed $12,000 and shall be expended/encumbered in the designated award period.

During the award period, the subrecipient may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian.

Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

32. Lobbying: Subrecipient confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

33. Non-Discrimination Clause: During this grant period, the Subrecipient and the Subrecipient’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Subrecipient shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Subrecipient, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

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Subrecipient shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require to ascertain compliance with this clause. Subrecipient, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Subrecipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

34. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

35. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Federal Restrictions on the Use of LSTA Funds, LSTA Award Requirements, Certificate of Compliance, and Project Summary of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Subrecipient’s California State Libraryapproved Application (Subrecipient’s Application) is hereby incorporated herein DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Federal Restrictions on the Use of LSTA Funds
(e) LSTA Award Requirements
(f) Certificate of Compliance
(g) Project Summary
(h) Subrecipient’s Application
(i) All other attachments hereto, including any that are incorporated by reference.

36. Payment:
a. The approved Budget, if applicable as detailed in the Award Letter, states the maximum amount of allowable costs for each of the tasks identified in the Activity Timeline included in the project application. California State Library shall provide funding to the Subrecipient for only the work and tasks specified in the Subrecipient’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Subrecipient shall carry out the work described in the Subrecipient’s Application in accordance with the approved Budget, and shall obtain the Grant Monitor’s written approval of any changes or modifications to the approved project as described in the Subrecipient’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the Subrecipient fails to obtain such prior written approval, the State Librarian or designee, at their sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Subrecipient shall request funds in accordance with the funding schedule included in this agreement.
d. For awards with total funding exceeding $20,000, ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the Subrecipient to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Subrecipient’s eligible costs are limited to the amounts authorized in the U.S. General Services Administration (contact the Grant Monitor for more information).

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f. Payment will be made only to the Subrecipient.
g. Allowable expenses shall not be incurred unless and until the Subrecipient receives official award notification as described in the Procedures and Requirements.

37. Personal Jurisdiction: The Subrecipient consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal Subrecipient s expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

38. Personnel Costs: If there are eligible costs pursuant to Exhibit D, Eligible and Ineligible Costs, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in Exhibit D.

39. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Subrecipient, or any other person or entity in connection with the Project. It is mutually agreed that Subrecipient is responsible for furnishing funds beyond the award that may be necessary to complete outcomes or deliverables.

40. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

41. Prohibited Use: The expenditure under this program shall not be used to supplant Subrecipient efforts in other grant programs provided by the California State Library and shall not be used to supplant subrecipient effort.

42. Provisions: This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104-208 on September 30, 1996; and Congressional Record – House, H11644-H11728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, December 26, 2013.

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Congress enacted the Museum and Library Services Act of 2010 (Pub. L. 111-340, codified at 20 U.S.C. § 9101 et seq.), which also incorporates Library Services and Technology Act (LSTA).
a. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act.

43. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Subrecipient agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Subrecipient agrees to alert the State Library as to a basis for exemption, if any exists.

44. Publicity Obligations: Subrecipient will notify the State Library of any promotional materials or publications resulting from the award no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Subrecipient will acknowledge the LSTA support as noted above.

Subrecipient agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Subrecipient, and may distribute such information to third parties.

45. Records: Communications, grant related documents, data, original receipts and invoices must be maintained by Subrecipient and shall be made available to the State Library upon request. Subrecipient agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Subrecipient’s operation to ensure compliance with this Agreement, with reasonable advance notice.

46. Reduction of Waste: In the performance of this Agreement, Subrecipient shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to:
the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

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47. Reimbursement Limitations: Under no circumstances shall the Subrecipient seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Subrecipient shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

48. Reports and Claims: It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library.
a. The subrecipient shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The subrecipient shall be responsible for submitting to the State Library Financial Reports reflecting project expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the subrecipient shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. In-full payments are typically made for awards totaling $20,000 or less. e. Funding for awards totaling more than $20,000 are issued in three payments following a 45%/45%/10% payment schedule, unless an exception has been made.
f. The final 10% of the grant award (if applicable) is payable only if the subrecipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the Grant Guide. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds.
g. Payment will be provided to cover the expenditures incurred by the subrecipient for the project in the following manner:
o $12,000 upon execution of the agreement and submission of claim by fiscal agent
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o If applicable, second payment will be made upon approval of first quarter financial report and receipt of claim form in the amount of N/A
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of
N/A

49. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Subrecipient or any employee or agent of the Subrecipient. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all award monies are to be expended.

50. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

51. Site Visits: The Subrecipient shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

52. Subrecipient: The Subrecipient is the government or other legal entity to which a subaward is awarded and which is accountable to the grantee for the use of the funds provided.
a. The subrecipient will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subrecipient will keep such records and afford such access as the California State Librarian or Library may find necessary to assure the correctness and verification of such reports. b. The control of funds and title to property derived there from shall be in a DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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subrecipient agency for the uses and purposes provided; a subrecipient agency will administer such property and funds and shall apply funds only for the purposes for which they were granted.

53. Subrecipient Accountability: The Subrecipient is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Subrecipient has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Subrecipient is responsible for repayment of the funds to the California State Library.

54. Subrecipient Funds: It is mutually agreed that the Subrecipient is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

55. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Subrecipient at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Subrecipient shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination.

The State Librarian shall determine, and pay the Subrecipient for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Subrecipient.

Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Subrecipient, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement.

56. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

57. Unused Funds: At the end-of-term Subrecipient agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the award period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistently with the terms of this Agreement.

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Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

58. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Subrecipient, shall constitute a waiver of any of California State Library’s rights or of any of Subrecipient’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

59. Work Products: Subrecipient shall provide California State Library with copies of all final products identified in the Work Plan and Application. Subrecipient shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

60. Workers’ Compensation: The State of California will not provide Workers’ Compensation insurance for Subrecipient or Subrecipient’s employees or contract personnel. If Subrecipient hires employees to perform services required by this Agreement, Subrecipient shall provide Workers’ Compensation insurance for them. The Subrecipient is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Subrecipient agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS To clarify some of the more commonly-occurring questions regarding how Library Services and Technology Act (LSTA) funds can or cannot be used, please see the list of explanations below. These explanations have been extracted from the Code of Federal Regulations and list important highlights of allowable and unallowable costs.

Administrators and project coordinators of LSTA grant projects are cautioned that they must abide by all regulations in conducting their projects and in allotting charges against grant funds. In cases of ambiguity, uncertainty, or questions in identifying allowable cost items under Federal procedures, contact the LSTA Grant Email at [email protected] . A complete list with descriptions can be found on the Electronic Code of Federal Regulations webpage.

1. ADVERTISING AND PUBLIC RELATIONS Advertising costs are allowable only when incurred for the recruitment of personnel, the procurement of goods and services, the disposal of scrap or surplus materials, and other specific purposes necessary to meet the requirements of the Federal award. Public relations costs are allowable when incurred to communicate with the public and press pertaining to specific activities or accomplishments that result from performance of the Federal award. Costs of advertising and public relations at conventions, meetings or other events, including displays, demonstrations, exhibits, meeting rooms, hospitality suites, and special facilities used in conjunction with shows and special events; and salaries of employees engaged in setting up and displaying exhibits, making demonstrations, and providing briefings are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Advertising and Public Relations

2. ADVISORY COUNCILS Costs incurred by advisory councils or committees are unallowable unless authorized by statute, the Federal awarding agency or as an indirect cost where allocable to Federal awards. See § 200.444 General costs of government, applicable to states, local governments and Indian tribes. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Advisory Councils

3. ALCOHOLIC BEVERAGES Costs of alcoholic beverages are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Alcoholic Beverages

4. BUILDING, CONSTRUCTION, RENOVATION COSTS Building, construction, or renovation costs are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Equipment and Other Capital Expenditures, Rearrangement and Reconversion Costs, and Maintenance and Repair Costs

5. CONFERENCES Costs of meetings and conferences, including meals, transportation, rental of meeting facilities, and other incidental costs, where the primary purpose is the dissemination of technical information, are allowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Conferences

6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDS Contributions and donations, including cash, property, and services, that use grant funds and are made by grant recipients to others, regardless of the recipient, are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Contributions and Donations
(NOTE: Honorariums and stipends are also unallowable. Wages, salaries, reimbursements, payment for work done, and fees charged by speakers are allowable)

7. ENTERTAINMENT Costs of entertainment, including amusement, diversion, and social activities, and any costs directly associated with those, such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Entertainment

8. FUND-RAISING Costs of organized fund-raising, including financial campaigns, solicitation of gifts and bequests, and similar expenses incurred to raise capital or to obtain contributions, are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Fundraising

9. GENERAL GOVERNMENT EXPENSES The general costs of government, including services normally provided to the general public, such as fire and police, are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: General Government Expenses
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10. INCOME FROM PROJECT Project income, e.g., fees charged for the use of library space in the context of a grant project, or to recover out of pocket projectrelated costs, or to create products such as manuals, or for other expenditures directly related to and used for the purposes of the grant and accrued under the conditions of the grant award, are allowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Program Income

11. LOBBYING The cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements or loans, is unallowable. Costs of membership in organizations substantially engaged in lobbying are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Lobbying

12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES Costs of the grant recipient’s memberships in business, technical, and professional organizations are allowable. (NOTE: The State Library’s policy is that use of LSTA funds for personal memberships in organizations is not permitted.) Subscriptions to business, professional, and technical periodicals are allowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Memberships, Subscriptions, and Professional Activities

13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRS Costs of promotional items and memorabilia, including models, gifts, and souvenirs, are unallowable. See ADVERTISING AND PUBLIC RELATIONS (e)(3).

14. REFRESHMENTS See ENTERTAINMENT (unallowable), and MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES (allowable).

15. TRAINING The cost of training provided for employee development is allowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Training

16. TRAVEL EXPENSE Travel costs are allowable for expenses for transportation, lodging, subsistence, and related items incurred by employees traveling on official business. Charges should be consistent with those normally allowed in like circumstances of the grant recipient organization in its regular operations and policy, in non-federally sponsored activities. An exception to this is that car mileage reimbursement for all awarded LSTA grants cannot exceed the current state rate of 58 cents per mile (CPM). Reimbursement is the preferred method of payment for travel expenses. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Travel
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(NOTE: The State Library’s policy on out-of-state travel and conferences is that they are generally not allowed. There are exceptions, however, based on the importance of the travel and/or conference to the grant. If your grant will include out-of-state travel or attendance at an out-of-state conference, consult with your grant monitor beforehand to obtain State Library approval before scheduling the trip or registering for the conference.) DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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EXHIBIT C: LSTA AWARD REQUIREMENTS
A. CIPA Compliance
The Institute of Museum and Library Services establishes guidelines to ensure that the California State Library’s implementation of the Children's Internet Protection Act (CIPA) complies with the 2003 decision of the US Supreme Court. The California State Library is required by 20 U.S.C. Section 9134(b)(7) to provide assurance that we will comply with 20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public libraries and public elementary school and secondary school libraries.

Under CIPA, California State Library must assure the Federal Government that no funds will be made available for public libraries and public elementary and secondary school libraries to purchase computers to access the Internet or pay for the direct costs of accessing the Internet unless the libraries have certified that they have Internet safety policies and technology protection measures, e.g., software filtering technology, in place. California State Library must collect certifications from libraries subject to CIPA that apply to the States for Library Services and Technology Act (LSTA) funding. Public libraries and public elementary and secondary school libraries must be in compliance with CIPA to obtain IMLS State Program funding which will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet.

The director or the authorized representative of the Subrecipient organization receiving LSTA funding must certify that the library is one of the following:

An individual applicant that is CIPA compliant.

The applicant library, as a public library, a public elementary school library or a public secondary school library, has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act.

Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified they are CIPA compliant.

All public libraries, public elementary school libraries, and public secondary school libraries, participating in the application have complied with the requirements of DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this application has collected Internet Safety Certifications from all other applicants who are subject to CIPA requirements. The library will keep these certifications on file with other application materials, and if awarded funds, with other project records.

Not Subject to CIPA Requirements.

CIPA requirements do not apply because no LSTA funds made available under this grant program will be used to purchase computers that can access the Internet or to pay for direct costs associated with accessing the Internet.

For more information on CIPA, please visit the Children’s Internet Protection Act (CIPA) webpage on the Federal Communications Commission’s (FCC) website.

B. Contracting Guidance
OMB’s Code of Federal Regulations outlines important regulations surrounding contracts that, as a recipient of LSTA funds, the State Library and its subrecipients must follow.

C. Language Access Services
To remain compliant with Title VI of the Civil Rights Act of 1964, all LSTA funding recipients must take reasonable steps to make LSTA-funded awards accessible to people with limited English proficiency.

These procedures apply to all of California State Library’s federally funded programs and activities and extends to all programs and activities conducted by the State Library’s federally funded sub-recipients.

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EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM

1. AUTHORIZED REPESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Subrecipient for this Award Agreement and project, and is authorized to receive and expend funds in order to administer this award program.

I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Subrecipient, I commit to the conditions of this award, and I have the legal authority to do so.

I certify that any or all other subrecipients participating in the program have agreed to the terms of the application/grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

The authorized representative, on behalf of the Subrecipient, certifies that the Subrecipient will comply with all applicable requirements of all State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. a. The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the Uniform Guidance for Grants outlined in the Code of Federal Regulations established by the United State Office of Management and Budget
b. The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the rules, regulations and guidance provided by the following:

IMLS LSTA Administration Guidance
California Code of Regulations established by the California Office of Administrative Law
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The organization receiving this LSTA award, as listed in the certification section below, and all project staff agree, to comply with all state and federal laws, regulations, and policies governing this program, to include the requirements contained in LSTA Award Requirements section of this document.

The authorized representative, on behalf of the Subrecipient, hereby certifies to the California State Library, for an award of funds in the amount $12,000. This award will provide library services as set forth in the LSTA Service Project Application as approved and/or as amended by the California State Librarian.

2. STATEMENT OF COMPLIANCE: Subrecipient has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

3. DRUG-FREE WORKPLACE REQUIREMENTS: Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
b. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
c. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
d. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Subrecipient has made DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

4. CONFLICT OF INTEREST: Subrecipient needs to be aware of the following provisions regarding current or former state employees. If Subrecipient has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification
Current State Employees (Pub. Contract Code § 10410):
a). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b). No officer or employee shall contract on their own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to their leaving state service.

If Subrecipient violates any provisions of above paragraphs, such action by Subrecipient shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

5. LABOR CODE/WORKERS' COMPENSATION: Subrecipient needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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and Subrecipient affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

6. AMERICANS WITH DISABILITIES ACT: Subrecipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

7. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Subrecipients.

9. NONDISCRIMINATION:

The authorized representative certifies that the Subrecipient or its Fiscal Agent will comply with the following:
a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin;
b. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 C.F.R part 1170 in determining compliance with § 504 as it applies to recipients of Federal assistance);
c. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681–83, 1685-86), which prohibits discrimination on the basis of sex in education programs;
d. The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age; and e. The requirements of any other nondiscrimination statute(s) which may apply.

10. DEBARMENT AND SUSPENSION:

The authorized representative certifies to the best of their knowledge and belief that neither the Subrecipient nor its Fiscal Agent:
a. Are presently excluded or disqualified;
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b. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. part 180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; fraud, antitrust, embezzlement, forgery, bribery, tax evasion, making false statements, receiving stolen property, or similar offenses so serious as to affect the integrity of the subrecipient or its fiscal agent.
c. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 C.F.R. part 180.800(a) and enumerated above.
d. Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default.

11. TRAFFICKING IN PERSONS:

The authorized representative certifies to the best of their knowledge and belief that neither the Subrecipient nor its Fiscal Agent:
 engages in trafficking in persons, procures a commercial sex act, or uses forced labor
 procures a commercial sex act during the period of time that the award is in effect
 uses forced labor in the performance of the grant

12. FEDERAL DEBT STATUS: Representative certifies to the best of their knowledge and belief that the Subrecipient is not delinquent in the repayment of any Federal debt.

13. CERTIFICATION REGARDING LOBBYING ACTIVITIES (APPLIES TO APPLICANTS REQUESTING FUNDS IN EXCESS OF $100,000) (31 U.S.C. § 1352):
a. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement, or the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
b. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any State agency, Member of the Legislature, an officer or employee of the Legislature, or DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
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an employee of a Member of the Legislature in connection with legislative action through oral or written communication with State legislative officials, or solicitation of others to influence or attempt to influence legislative action.
c. No Library Services and Technology Act or other federal funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any county, district, or city agency, in connection with legislative action through oral or written communication with officials, or solicitation of others to influence or attempt to influence legislative action. LSTA funds will not be used for costs to:
 draft legislation or resolutions
 travel to meetings of governmental bodies urge passage of legislation or resolutions
 survey voters regarding passage and drafting of legislation or resolutions
 pay governmental fees (use fees, ballot filing fees, permits, etc.)

14. DRUG-FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes, but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

15. LSTA AWARD REQUIREMENTS: I have read, understand and agree to comply with the LSTA Award Requirements as outlined in this award packet.

16. CIPA CERTIFICATION: The organization receiving this LSTA award, as listed in the certification section below is (please select one):
☐ An individual applicant that is CIPA compliant
☐ Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified that they are CIPA compliant ☐ Not subject to CIPA requirements
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17. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the language access services requirement as prescribed by Title VI of the Civil Rights Act of 1964.

18. ACCESSIBILITY: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library.

When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:
 Project toolkits
 Digital resources
 Publications
 Survey templates
 Project marketing materials

19. ACKNOWLEDGEMENT: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with IMLS and California State Library acknowledgement requirements.

20. ADDITIONAL CERTIFICATIONS: The authorized representative also certifies that the Subrecipient or its Fiscal Agent will comply with the following:

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 all requirements by the Federal-sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements.
 insuring the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
 the flood insurance purchase requirements of Section 102(a) requires, on or after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
 assisting the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.

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Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

SUBRECIPIENT AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

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Authorized Representative Signature
In Witness Whereof, This Grant Agreement has been executed by the parties hereto.

ORGANIZATION
Name: Address:

Authorized Representative
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name:

California State Library
Address:
900 N St.

Sacramento, CA 95814
Signature: Date:

Printed Name of Person Signing:

Greg Lucas
Title:

State Librarian
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CALIFORNIA STATE LIBRARY FINANCIAL CLAIM

LIBRARY SERVICES & TECHNOLOGY ACT PAYMENT IN FULL

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:
[email protected]
MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office – Federally Funded Programs
PO Box 942837
Sacramento, CA 94237-0001
State of California, State Library Fiscal Office
FAIN: LS-252449-0LS-22
ENACTMENT YEAR: 2022 ITEM NO: 6120-211-0890, Chapter 43, Statutes of 2022 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 ACCOUNT: 5432000 BUDGET PROGRAM: 5312
By Date
(State Library Representative)
Grant Award #: 40-9409 Date:

Invoice #: 40-9409-01 PO #:

Payee Name: Santa Fe Springs City Library
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $12,000.00 Type of Payment:

Payable Upon Execution of Agreement ☐ PROGRESS
Grantee Name: Santa Fe Springs ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: eBooks For All ☐ AUGMENT
For Period From: upon execution to end of grant period
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 62E771AE-7C04-405B-B382-C30BFBFB7BA9 In Process
City Council Meeting February 21, 2023
Report Submitted By: Paul Martinez & Joe Barrios
Date of Report: February 16, 2023
Public Works & Finance
City of Santa Fe Springs

CONSENT AGENDA
Authorize the Appropriation of $40,000 from Local Return Prop C Funds to Fully Fund the Purchase of a Cut-Away Bus

BACKGROUND
At the City Council meeting of April 5, 2022 Council approved the purchase of one (1) Ford E-450 Cut-Away Bus from A-Z Bus Sales by piggybacking off of CALACT/MBTA cooperative contract No. 20-01 AZ. The total purchase price for the vehicle was $97, 749.26 and fully funded from non-general Prop C Funds.

Due to unforeseen supply chain challenges and higher prices for raw materials the vehicle manufactures fought to renegotiate the contract with Cal Act and were ultimately granted a price increase through the Force Majeure process. As a result the cost to purchase the vehicle went up approximately 41% from $97,749.26 to $137,490.32.

During the Force Majeure process, Cal Act conducted a cost analysis where it was determined that although the requested increases were quite large, the Dealer costs are reasonably supported. The Analysis also states that the resulting prices all appear fair and reasonable given current market conditions.

Remaining in the current contract allows the City to take delivery of the vehicle in eight months, those agencies affected by Force Majeure are given build date priority.

FISCAL IMPACT
There is no impact to the general fund as funds to purchase this vehicle will be taken from Local Return Prop C funds which are designated for transportation projects.

Tom Hatch
Interim City Manager
Attachment(s):

1. Original Council Agenda Approval

2. MBTA Cost Analysis

3. MBTA Updated Quote

RECOMMENDATION
• Appropriate $40,000 from Local Return Prop C funds to fully fund the Ford E-450 Cut-Away bus; and
• Authorize the Director of Purchasing Services to process a purchase order change order in the amount of $39,741.06.

ITEM NO. 11F
Jty of Santa Fe Springs
· Council Meeting

NEW BUSINESS
April 5, 2022
Authorize the Purchase of One (1) Cut-Away Bus by Piggybacking off the California Association for Coordinated Transportation (CALACT) Morongo Basin Transit Authority (MBTA) Vehicle Purchasing Cooperative Contract No. 20-01 AZ

RECOMMENDATION
• Authorize the purchase of (1) New Ford E-450 Cut-Away Bus from A-Z Bus Sales by piggybacking off of CALACT/MBTA cooperative contract No. 20-01 AZ
• Authorize the Director of Purchasing to issue a purchase order in the amount of $97,749.26.

BACKGROUND
CALACT www.calact.org is a statewide, non-profit organization that has represented the interests of small, rural, and specialized transportation seNice providers since 1984. Membership which Santa Fe Springs is a part of is comprised of agencies from diverse facets of transportation, including operators of small and large transportation systems. CALACT initiated the CALACT/MBTA purchasing cooperative in 2009 and provides a Federal and State of California compliant purchasing solution. Since its inception, the cooperative has procured nearly 10,000 vehicles using the aggregate purchasing power of its member agencies to reduce the cost of transit vehicles. MBTA solicited Request for Proposals under CALACT for the vehicle we propose to purchase and awarded the contract to A-Z Bus Sales, Inc.

Replacement vehicles are budgeted annually to replace those that have reached the end of their mileage and/or seNice-use life cycle. In the Fiscal Year 2021-22 Budget City Council approved the replacement of unit #672, a 2008 Chevrolet El Dorado 22 passenger bus with 143,257 miles.

This unit will be replaced with one (1) New Ford E-450 Glaval Type B Cut-Away Bus.

The new bus will include a 12/2 seating configuration, which is twelve (12) standard seats and two (2) rear loading wheelchair tie downs. The specifications for the replacement bus include up-fit items that are purchased and installed aftermarket including exterior City graphics, tinted windows, and the installation of tablet mounts used for Driver Mate software. This vehicle is used by the Public Works Department in the Transportation SeNices Division.

FISCAL IMPACT
The City Council approved in the Fiscal Year 2021/22 Budget, $120,000 for the purchase of the above vehicle. The total for this purchase is $97,749.26. The city will realize a savings of $22,250.74 from the budgeted amount. Moreover, this bus is fully funded by the Proposition C fund. The additional up-fit costs are covered by separate budgeted funds for this purpose. The quoted amounts include all taxes, fees, and delivery.

Report Submitted By: Paul Martinez
Finance Department
Date of Report: March 30, 2022

Report Submitted By: Fire Chief Chad Van Meeteren Date of Report: February 16, 2023 Department of Fire-Rescue
City of Santa Fe Springs
City Council Meeting February 21, 2022

CONSENT AGENDA
Ordinance No. 1127 – Adopting by Reference the 2022 Edition of the California Fire Code

BACKGROUND
Ordinance No. 1127 passed its first reading at the February 7, 2023 City Council meeting. Below is the substance of the agenda report for the proposed ordinance change, as it appeared at the City Council meeting of February 7, 2023.

The 2019 California Fire Code was superseded by the 2022 California Fire Code that became state law on January 1, 2022. The City of Santa Fe Springs Department of Fire-Rescue needs to adopt the 2022 California Fire Code with amendments under Chapter 93 of the Santa Fe Springs City Code of Ordinances. The code is amended for a variety of reasons including updates from various International Code Committees and California Fire Code committees to take into account current industry practices and modifications to reflect changes in state and federal law.

In 2007, the State of California and local jurisdictions within the State adopted the International Fire Code with State and local amendments. The International Fire Code is part of a greater series of model codes that include the International Building Code, also published by the International Code Council. The California Fire Code, along with all of the State Building Standard Codes, is on a three-year revision cycle. In 2007, 2010, 2013, 2016 and 2019, the City revised its Municipal Code to incorporate the California version of the international codes and readopted them under Ordinances 984, 1020, 1051, 1080 and 1108, respectively. The State’s Building Standards Codes are once again at the end of a three-year cycle and the new Codes went into effect January 1, 2022. The State of California has completed amendments to the codes as of July 1, 2022 and local jurisdictions have 180 days to further amend them before they become law.

RECOMMENDATION(S)
Waive further reading and adopt Ordinance No. 1127:

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADOPTING THE 2022

EDITION OF THE CALIFORNIA FIRE CODE, WITH AMENDMENTS, BY AMENDING SECTIONS 93.01, 93.03 AND 93.04 OF CHAPTER 93 (FIRE

PREVENTION AND PROTECTION) OF THE SANTA FE SPRINGS MUNICIPAL

CODE, AND REPEALING ALL OTHER ORDINANCES AND PARTS OF THE

ORDINANCES IN CONFLICT THEREWITH
ITEM NO. 11G

Page 1 of 8 ends

ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADOPTING THE 2022

EDITION OF THE CALIFORNIA FIRE CODE, WITH AMENDMENTS, BY AMENDING SECTIONS 93.01, 93.03 AND 93.04 OF CHAPTER 93 (FIRE PREVENTION

AND PROTECTION) OF THE SANTA FE SPRINGS MUNICIPAL CODE, AND

REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN

CONFLICT THEREWITH

THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby repeals in its entirety Section 93.01 (Adoption of California Fire Code and Other Recognized Standards) of the Santa Fe Springs Municipal Code.

SECTION 2. The City Council hereby amends Chapter 93 (Fire Prevention and Protection) of the Santa Fe Municipal Code with the addition of a new Section 93.01 (Adoption of California Fire Code and Other Recognized Standards) to read as follows:

Section 93.01 (Adoption of California Fire Code and Other Recognized Standards) That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Santa Fe Springs being marked and designated as the California Fire Code, 2022 edition, including Chapters 1 through 80, in addition to Appendix Chapter 4, Appendices A, B, BB, C, CC, D in part, E, F H, I, J, K, L, M, N, O, and P as published by the International Code Council, and is hereby adopted as the Fire Code of the City of Santa Fe Springs in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Santa Fe Springs are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in Section 4 of this ordinance.

SECTION 3. The City Council hereby repeals in its entirety Section 93.03 (Amendments to the Fire Code) of the Santa Fe Springs Municipal Code.

SECTION 4. The City Council hereby amends Chapter 93 (Fire Prevention and Protection) of the Santa Fe Municipal Code with the addition of a new Section 93.03 (Amendments to the Fire Code) to read as follows:

Section 93.03 (Amendments to the Fire Code)
That the following sections are hereby revised:

Section 101.1.

Insert: City of Santa Fe Springs
Title. These regulations shall be known as the Fire Code of the City of Santa Fe Springs, hereinafter referred to as “this code.”

Page 2 of 8 ends

Section 105.5 is amended to read as follows:

Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Section 105.5.1 through 105.5.52, or as required by the fire code official.

Section 105.5.16 is amended to read as follows:

Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56, or when a local permit or approval by the fire code official is required per CCR Title 19, Division 1, Chapter 6-Fireworks, or Chapter 10- Explosives.

Section 105.6 is amended to read as follows:

Required construction permits. The fire code official is authorized to issue construction permits for the work set forth in Section 105.6.1 through 105.6.24, in addition to the construction, addition, alteration, installation, modification or repair of any building, or building system and equipment, or as required by the fire code official.

Section 107.7 is added to read as follows:

False fire alarm response. A service charge for the response and investigation of false alarms, in accordance with the fee schedule as established through City Council resolution, may be required.

Section 112.3.1 is amended to read as follows:

Service. A notice of violation issued pursuant to this code shall be served upon the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation, either by personal service, mail, electronic mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned or locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.

Section 112.4.

Insert: Misdemeanor, $1,000.00, 180 days
Section 202 is amended to read as follows:

Addition. An extension or increase in floor area or height of a building or structure.

False Alarm. In addition, the activation of any fire alarm system which results in a response by the Department of Fire-Rescue, and which is caused by the negligence, lack of proper maintenance or intentional misuse of the fire alarm system by the owner, its employees, agents or any other activation of a fire alarm system not caused by heat, smoke or fire.

Fire apparatus access road. A road that provides fire apparatus access from a fire station

Page 3 of 8 ends

to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, access roadway, and anything that augments fire ground operations.

Repair. The reconstruction or renewal of any part of an existing building for the purpose of maintenance.

Section 301.3 is added to read as follows:

Hazard discontinuation. The fire code official is authorized to require the discontinuance of any hazardous, offensive or nuisance condition.

Section 503.2.1 is amended to read as follows:

Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7924 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4114.8mm).

Section 504.5 is added to read as follows:

Access signage. When required by the fire code official, exterior and interior doors shall be identified as to the function of that room or area, or when the door is not functional.

Section 603.4.1.1 is added to read as follows:

Labeling maintenance. Labeling required per 604.4.1, and as required for photovoltaic installations shall be legibly maintained at all times.

Section 901.1.1 is added to read as follows:

Aesthetics. Aesthetics of fire protection systems shall be taken into consideration by designers and installers, and to provide consistency with all relevant City codes and standards.

Section 901.11 is added to read as follows:

Fire Protection Equipment Access. Unobstructed access and adequate working space to fire protection equipment shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to any fire protection system.

Section 903.2.1.1 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.1.3 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.1.4 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)

Page 4 of 8 ends

Section 903.2.3 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.4 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.7 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.9 is amended to read as follows:

1. The fire area exceeds 5,000 square feet (465 sq. m)
Section 903.2.9.1 is amended to read as follows:

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet (465 sq. m)

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet (465 sq. m)
Section 903.2.9.2 is amended to read as follows:

Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 5,000 cubic feet shall be equipped with an automatic fire sprinkler system in accordance with Section 903.3.1.1.

Section 903.2.10 is amended to read as follows:

1. Where the fire area exceeds 5,000 square feet (465 sq. m) Section 903.3.1.3 is amended to read as follows:

NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two- family dwellings and townhomes shall be permitted to be installed throughout in accordance with NFPA 13D, including garages per NFPA 13D A8.3.4.

Section 903.6.1 is added to read as follows:

Retrofit requirements. In existing building(s) when additions, alterations and /or repairs to such building(s) causes the floor area to exceed 5,000 square feet or the height to exceed 40 feet or three or more stories irrespective of height.

In existing buildings(s) over 5,000 square feet when alterations and/or additions to such buildings exceed 25% of the current assessed value of said building(s) in accordance with the Los Angeles County Assessor’s records.

For the purpose of clarification, additions, alterations and repairs, or where a change of use and/or occupancy is taking place, the entire building shall be made to comply with the provisions of this section.

Section 903.6.2 is added to read as follows:

Consideration for separation walls. Requirements for automatic fire sprinkler systems may be waived by the fire code official if the building is divided into areas of less than

Page 5 of 8 ends

5,000 square feet, provided the building is not considered a three story or higher building,.

Such divisions shall be made by the construction of a four-hour fire resistive area separation wall(s) which meet the requirements of the California Building Code. Four hour walls shall be required regardless of type of building construction type used.

Area separation walls shall be without openings or penetrations. Area separation walls shall extend from the foundation to a point at least 30 inches above the roof.

Section 907.2 is amended to read as follows:

Where Required-new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this Code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant alarm initiation, notification and annunciation, in accordance with 907.6, unless other requirements are provided by another section of this code.

A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for the fire alarm system employing automatic fire detectors of water-flow detection devices. Where other sections of this Code allow elimination of fire alarm boxes due to fire sprinkler or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency.

Section 907.2.1 is amended to read as follows:

Delete Exceptions.

Section 907.2.2 is amended to read as follows:

Delete Exception.

Section 907.2.2.1 is amended to read as follows:

Delete Exception.

Section 907.2.2.2 is amended to read as follows:

Delete Exception.

Section 907.2.3 is amended to read as follows:

Delete Exceptions.

Section 907.2.4 is amended to read as follows:

Delete Exception.

Section 907.2.7 is amended to read as follows:

Group M. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group M occupancies.

Section 907.2.7.1 is amended to read as follows:

Occupant notification. During times that the building is occupied, the initiation of a signal from a manual fire alarm box or from a water flow switch shall be required to activate the occupant notification appliances in accordance with Section 907.5.2.2

Page 6 of 8 ends

Section 907.4.2 is amended to read as follows:

Manual fire alarm boxes. Where a manual fire alarm system is required by another section of the Code, or as required by the Fire Code Official, it shall be activated by fire alarm boxes installed in accordance with Sections 907.4.2.1 through 907.4.2.6.

Section 907.5.2.3 is amended to read as follows:

Visible alarms. Visible alarm notification appliances shall be provided in accordance with Sections 907.5.2.3.1 through 907.5.2.3.4. Notification appliances shall remain activated when the fire alarm system has been silenced.

Section 907.6.3.1.1 is added to read as follows:

Annunciator panel signage. Approved graphic signage including building and fire alarm features shall be mounted at each annunciator panel.

Section 907.9 is amended to read as follows:

Where required in existing buildings and structures. An approved fire alarm system shall be provided in existing buildings and structures where required in Chapter 11, in addition to existing buildings undergoing a change of use, change of occupancy or fire alarm system modification.

Section 913.5.4 is amended to read as follows:

Pump room environmental conditions. Tests of pump room environmental conditions, including heating, natural and mechanical ventilation, natural and powered illumination shall be made to ensure proper manual or automatic operation of the associated equipment.

Section 5004.1.1 is added to read as follows:

Rail cars used as a stationary tank. For the purpose of this chapter, a rail car shall be considered a stationary tank if the rail car is connected into a chemical manufacturing, blending, or filling process. Storage requirements may be waived if the rail car off- loads its product into a designated storage tank and is connected in line to the storage tank for a period of less than 24 hours for off- loading purposes.

Section 5004.1.2 is added to read as follows:

Lead-Acid Battery Storage. Based on the pathway for toxicity (sulfuric acid is toxic by inhalation), the Department has made a determination that lead-acid batteries do not constitute a significant toxicity threat because the acid is fully enclosed in a sealed battery, therefore lead acid batteries will be regulated as a corrosive only. • The Fire Department adds the following exemption to Table 5003.1.1(1), footnote p:
p. The following shall not be included in determining the maximum allowable quantities:

6. Lead acid batteries on motorized equipment operated in accordance with this Code.

Section 5004.2.2 is amended to add the following:

In addition, there shall be a minimum of three feet between the toe of the tank and any other structures, berms or tanks. For Purposes of this article, anhydrous ammonia storage or process tanks shall comply with section 5004.2.2.

Page 7 of 8 ends

Section 5704.2.7.11 is amended to read as follows:

Above ground steel tanks are allowed to be lined only for the purpose of protecting the interior from corrosion or providing compatibility with a material to be stored. Only those liquids tested for compatibility with the lining material are allowed to be stored in lined tanks.

Underground storage tanks may not be lined.

Section 6203.3 is added to read as follows;
SADT. Areas with organic peroxides with self-accelerating decomposition temperatures (SADT) less than 125°F shall be provided with supervised temperature controls and alarms.

Stand-by power shall be provided for control systems.

Section 6603.3 is added to read as follows:

SADT. Areas with unstable reactive materials with self-accelerating decomposition temperatures (SADT) less than 125°F shall be provided with supervised temperature controls and alarms. Stand-by power shall be provided for control systems.

SECTION 5. The City Council hereby repeals in its entirety Section 93.04 (Geographic Limits) of the Santa Fe Springs Municipal Code.

SECTION 6. The City Council hereby amends Chapter 93 (Fire Prevention and Protection) of the Santa Fe Municipal Code with the addition of a new Section 93.04 (Geographic Limits) to read as follows:

Section 93.04 (Geographic Limits)
That the geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:

Section 5704.2.9.6.1.

Insert: In all portions of the City of Santa Fe Springs which are not zoned for industrial purposes by the zoning ordinances of the City, unless completely screened from view from all public streets and is not located within any required parking or vehicle circulation area, shall have safety features such as detection and alarm systems, automatic shut off valves and other safety systems as deemed necessary by the Fire Code Official.

Section 5706.2.4.4
Insert: In all portions of the City of Santa Fe Springs which are not zoned for industrial purposes by the zoning ordinances of the City, unless completely screened from view from all public streets and is not located within any required parking or vehicle circulation area, shall have safety features such as detection and alarm systems, automatic shut off valves and other safety systems as deemed necessary by the fire code official.

Section 5806.2
Insert: In all portions of the City of Santa Fe Springs which are not zoned for industrial purposes by the zoning ordinances of the City, unless completely screened from view from all public streets and is not located within any required parking or vehicle circulation area, shall have safety features such as detection and alarm systems, automatic shut off valves and other safety systems as deemed necessary by the Fire Code Official.

Page 8 of 8 ends

Section 6104.2
Insert: In all portions of the City of Santa Fe Springs which are not zoned for industrial purposes by the zoning ordinances of the City shall be limited to 125 gallons.

SECTION 7. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

SECTION 8. That nothing in this ordinance of in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 9. The City Clerk shall certify to the adoption of this Ordinance, including the vote for and against and shall post a certified copy of this ordinance, within 15 days after its passage to be posted in at least three (3) public places within the City as established by ordinance, and, in compliance with Section 36933 of the Government Code.

PASSED and ADOPTED this 21st day of February 2023, by the following called vote: AYES:

NOES:

ABSENT:

Juanita Martin, Mayor
ATTEST:

Janet Martinez, CMC, City Clerk
Ordinance No.1127 – Adopting by Reference the 2022 Edition of the California Fire Code

Page 2 of 3 ends

Report Submitted By: Fire Chief Chad Van Meeteren Date of Report: February 16, 2023 Department of Fire-Rescue
Local jurisdictions may amend the Code, as allowed by California Health and Safety Code Sections 17922 and 17958, as necessary to mitigate local discrepancies, and continue to protect and preserve the quality of life for our citizens, business community, and first responders.

The amendments, as included in the ordinance, have been thoroughly researched and are deemed necessary to maintain the current level of protection throughout the City of Santa Fe Springs.

The proposed 2022 changes to the Santa Fe Springs Code of Ordinances, Chapter 93, is attached to this agenda report.

FINANCIAL IMPACT
A one-time impact to the Department of Fire-Rescue FY 2022-23 budget will be incurred to replace reference documents. This cost is estimated not to exceed $3,500.

Tom Hatch
Interim City Manager
Attachments:

Ordinance No. 1127
City Council Meeting February 21, 2023
Report Submitted By: Fernando N. Muñoz Date of Report: February 16, 2023 Department: City Clerk’s Office
City of Santa Fe Springs

PUBLIC HEARING
Annual Weed Abatement Program

BACKGROUND
On February 7, 2023, the City Council adopted Resolution No. 9846 declaring weeds to be a public nuisance on certain properties that had been inspected and found to contain a growth of weeds or to contain flammable rubbish. A list of the parcels is attached.

The date of Tuesday, February 21, 2023, at 6:00 P.M. is set for a Public Hearing of protests to the abatement of weeds. Proper notices and postings in accordance with the Government Code have been made and the hearing of protests should be conducted.

It would be appropriate for the Mayor to conduct the Public Hearing and hear from any person(s) who would like to address the City Council.

Thomas Hatch
Interim City Manager
Attachment(s):

1. Resolution No. 9846

2. Declaration List

RECOMMENDATION(S)
• Open the Public Hearing;
• Receive any comments from the public wishing to speak on this matter and thereafter close the Public Hearing; and
• Direct the Los Angeles County Agricultural Commissioner/Weights & Measures to abate the nuisance by having weeds, rubbish, and refuse removed.

ITEM NO. 12

2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
1 LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
7005 001 803 SHOEMAKER AVE SO PAC CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 95747 7005 014 801 CARMENITA SO PAC CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 95747 7005 014 803 ALONDRA BLVD SO PAC CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 95747 7005 014 913 13560 FIRESTONE BLVD DEPARTMENT OF TRANSPORTATION 100 S MAIN ST MS 13 LOS ANGELES CA 90012 7005 014 915 13580 FIRESTONE BLVD STATE OF CALIFORNIA 100 S MAIN ST MS 13 LOS ANGELES CA 90012 7005 014 917 13460 FIRESTONE BLVD STATE OF CALIFORNIA 100 S MAIN ST MS 6 LOS ANGELES CA 90012 7005 014 918 13500 FIRESTONE BLVD STATE OF CALIFORNIA 100 S MAIN ST STE 1300 LOS ANGELES CA 90012 8002 019 042 BELL RANCH DR MCMASTER CARR SUPPLY CO PO BOX 54960 LOS ANGELES CA 90054 8002 021 803 LOS NIETOS RD A T AND S F RY CO 8920 REX RD PICO RIVERA CA 92660 8005 012 027 GEARY AVE GEARY AVENUE PROPERTIES LLC 8536 WHITE FISH CIR FOUNTAIN VLY CA 92708 8005 012 047 10137 NORWALK BLVD GEMINIS PROPERTY DEV LLC P O BOX 2767 SANTA FE SPRINGS CA 90670 8005 012 902 12171 TELEGRAPH RD SANTA FE SPRINGS CITY 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8005 015 047 10025 BLOOMFIELD AVE WG HOLDINGS SPV LLC 249 OCEAN BLVD LONG BEACH CA 90802 8005 015 048 SANTA FE SPRINGS RD CENTRIS TELEGRAPH POINT LLC 448 N LASALLE DR 2ND FL CHICAGO IL 60654 8005 015 049 SANTA FE SPRINGS RD CENTRIS TELEGRAPH POINT LLC 448 N LASALLE DR 2ND FL CHICAGO IL 60654 8005 015 050 SANTA FE SPRINGS RD WG HOLDINGS SPV LLC 249 OCEAN BLVD LONG BEACH CA 90802 8005 015 051 SANTA FE SPRINGS RD WG HOLDINGS SPV LLC 249 OCEAN BLVD LONG BEACH CA 90802 8009 001 095 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 001 097 CLARK ST TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 001 098 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 PARCEL
2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
2 PARCEL LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
8009 001 101 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 078 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 079 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 116 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 117 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 118 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 119 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 127 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 004 128 GARDEN PARKWAY TOWNLOT FEE LLC 515 S FLOWER ST STE 4800 LOS ANGELES CA 90017 8009 022 071 FLORENCE AVE SFS REAL ESTATE & RECOVERY LLC 14555 N 82 ST SCOTTSDALE AZ 85260 8011 004 031 FREEMAN AVE FELYBY ASSOCIATES LLC 3419 VIA LIDO PMB 652 NEWPORT BEACH CA 92663 8011 004 058 FREEMAN AVE FELYBY ASSOCIATES LLC 3419 VIA LIDO PMB 652 NEWPORT BEACH CA 92663 8011 004 064 FREEMAN AVE FELYBY ASSOCIATES LLC 3419 VIA LIDO PMB 652 NEWPORT BEACH CA 92663 8011 005 013 13007 TELEGRAPH RD GREENLEAF XC LLC 3010 OLD RANCH PKWY STE 470 SEAL BEACH CA 90740 8011 005 034 10330 GREENLEAF AVE PLAINS WEST COAST TERMINALS LLC 333 CLAY ST STE 1600 HOUSTON TX 77002 8011 007 026 FREEMAN AVE TALL PROPERTIES LLC PO BOX 5547 FULLERTON CA 92838 8011 007 027 FREEMAN AVE TALL PROPERTIES LLC PO BOX 5547 FULLERTON CA 92838 8011 007 028 ROMANDEL AVE TALL PROPERTIES LLC PO BOX 5547 FULLERTON CA 92838 8011 007 029 ROMANDEL AVE TALL PROPERTIES LLC PO BOX 5547 FULLERTON CA 92838 2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
3 PARCEL LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
8011 007 038 ROMANDEL AVE FELYBY ASSOCIATES LLC 3419 VIA LIDO PMB 652 NEWPORT BEACH CA 92663 8011 007 040 ROMANDEL AVE FELYBY ASSOCIATES LLC 3419 VIA LIDO PMB 652 NEWPORT BEACH CA 92663 8011 007 041 ROMANDEL AVE PRODUCTOL INC PO BOX 1367 SUN VALLEY CA 91353 8011 009 935 10712 LAUREL AVE SANTA FE SPRINGS CITY 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 011 906 LAUREL AVE SUCCESSOR AGENCY OF SFS 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 011 907 LAKELAND RD SUCCESSOR AGENCY OF SFS 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 011 912 LAUREL AVE COMMUNITY DEV COMMISSION SFS 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 015 041 10765 PAINTER AVE WESTMONT PROPERTIES INC 10805 PAINTER AVE SANTA FE SPRINGS CA 90670 8011 017 015 TELEGRAPH RD WADE, CYNTHIA S CO TR ET AL 10720 S BLUE WATER BAY MOHAVE VALLEY AZ 86440 8011 017 035 TELEGRAPH RD SFSA INVESTMENT CO INC 2271 W MALVERN AVE 521 FULLERTON CA 92833 8011 017 036 TELEGRAPH RD SFSA INVESTMENT CO INC 2271 W MALVERN AVE 521 FULLERTON CA 92833 8011 017 037 TELEGRAPH RD SFSA INVESTMENT CO INC 2271 W MALVERN AVE 521 FULLERTON CA 92833 8011 017 064 SANDOVAL ST YEH FAMILY LIMITED PTNSHP LTD 12928 SANDOVAL ST SANTA FE SPRINGS CA 90670 8011 018 901 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 018 902 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 018 903 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 018 904 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 018 905 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8011 018 906 TELEGRAPH RD COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
4 PARCEL LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
8011 019 911 PARK AVE COMMUNITY DEV COMMISSION 11710 TELEGRAPH RD SANTA FE SPRINGS CA 90670 8017 018 800 SANTA ANITA RTE 5 FWY SOU PAC CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8017 018 801 FLORENCE AVE SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8017 018 802 SANTA ANITA RTE 5 FWY SO PAC CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8059 029 016 BORA DR BPW INC 13639 BORA DR SANTA FE SPRINGS CA 90670 8069 004 803 SHOEMAKER AVE A T AND S F RY CO 8920 REX RD PICO RIVERA CA 92660 8069 006 044 14150 ROSECRANS AVE VALLEY VIEW-SANTA FE SPRINGS LLC 26100 NORTHWESTERN HWY STE 1913
SOUTHFIELD MI 48076
8069 011 801 BONAVISTA AVE A T AND S F RY CO 8920 REX RD PICO RIVERA CA 92660 8069 011 802 BONAVISTA AVE A T AND S F RY CO 8920 REX RD PICO RIVERA CA 92660 8069 013 802 MICA ST A T AND S F RY CO 8920 REX RD PICO RIVERA CA 92660 8069 016 913 EXCELSIOR DR DEPARTMENT OF TRANSPORTATION 100 S MAIN ST MS 6 LOS ANGELES CA 90670 8167 001 807 BUSCH PL SOUTHERN PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8167 002 055 SANTA FE SPRINGS RD GREENLEAF BUSINESS CENTER LLC 5215 OLD ORCHARD RD ST 420 SKOKIE IL 60077 8168 001 815 NORWALK BLVD UNION PACIFIC RAILROAD CO. 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 001 816 NORWALK BLVD UNION PACIFIC RAILROAD CO. 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 002 901 SORENSEN AVE FLOOD MAINTENANCE DIVISION 900 S. FREMONT AVENUE ALHAMBRA CA 91803 8168 007 026 9005 SORENSEN AVE MCKESSON CORPORATION PO BOX 92129 SOUTHLAKE TX 76092 8168 007 814 DICE RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 007 816 DICE RD SOU PACIFIC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
5 PARCEL LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
8168 009 027 SORENSEN AVE VALVOLINE LLC 100 VALVOLINE WAY LEXINGTON KY 40509 8168 009 030 SORENSEN AVE VALVOLINE LLC 100 VALVOLINE WAY LEXINGTON KY 40509 8168 011 802 SANTA FE SPRINGS RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 011 803 SANTA FE SPRINGS RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 012 814 SORENSEN AVE SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8168 023 048 11790 SLAUSON AVE CEM CONSTRUCTION CORP 8207 BROOKGREEN RD DOWNEY CA 90240 8177 029 810 PIONEER BLVD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8177 029 815 PIONEER BLVD SO CALIF EDISON CO 2 INNOVATION WAY 2ND FLOOR POMONA CA 91768 8177 029 823 RANCHO SANTA GERTRUDES SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8178 004 065 NORWALK BLVD CHAVEZ,WILLIAM AND 2923 VIA SAN DELARRO MONTEBELLO CA 90640 8178 035 811 LOS NIETOS RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8178 035 812 DE COSTA AVE A T AND S F RY CO 8920 REX RD PICO RIVERA CA 90660 8178 035 815 NORWALK BLVD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8178 036 803 RIVERA RD A T AND S F RY CO 8920 REX RD PICO RIVERA CA 90660 8178 036 804 DE COSTA AVE A T AND S F RY CO 8920 REX RD PICO RIVERA CA 90660 8178 037 805 PIONEER BLVD A T AND S F RY CO 8920 REX RD PICO RIVERA CA 90660 8178 037 806 LOS NIETOS RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 8178 037 811 LOS NIETOS RD SOU PAC TRANS CO 1400 DOUGLAS ST STOP 1690 OMAHA NE 68179 TOTAL VACANT/IMPROVED RECORDS 0
2023

LOS ANGELES COUNTY DECLARATION LIST

CITY OF SANTA FE SPRINGS
KEY OF 8, CITY CODE 623 (UNIMPROVED)
DATE: 01/03/2023
6 PARCEL LOCATION OWNER MAILING ADDRESS CITY/STATE ZIP
95 TOTAL RECORDS 95

TOTAL UNIMPROVED RECORDS
City of Santa Fe Springs
City Council Meeting February 21, 2023
Report Submitted By: Travis Hickey and Debbie Ford Date of Report: February 15, 2023 Finance and Administrative Services

NEW BUSINESS
Approval of Professional Services Agreement Between the City of Santa Fe Springs and Koff & Associates for the Executive Recruitment for City Manager and Related Appropriation

BACKGROUND
The City’s former City Manager retired from the City effective December 30, 2022. As a result, the permanent position of City Manager is currently vacant.

Due to limited qualified candidate pools for executive level positions in the public sector, many public sector agencies utilize the services of executive search firms to conduct the recruitment process to fill executive level vacancies. Professional firms are able to offer unique outreach services to individuals that might not otherwise apply for the position and help to reduce any perception that the process is not impartial.

The Human Resources Office solicited proposals from six recruitment firms that have experience in public sector executive recruitments. The City ultimately received proposals from five firms, Koff & Associates, Peckham & McKenney, Ralph Anderson & Associates, Mosiac Public Partners, and Bob Hall & Associates.

Staff presented the proposals to City Council on January 18, 2023. Based on the City Council's review and references conducted, Koff & Associates was selected for their experience, as they have over 20 years of experience providing executive recruiting services and have facilitated numerous City Manager recruitments.

LEGAL REVIEW
The City Attorney’s office has reviewed the agreement.

FISCAL IMPACT
The proposed agreement with Koff & Associates is for an amount not to exceed $25,000. An appropriation from General Fund reserves is required to fund this agreement.

Tom Hatch
Interim City Manager
Attachment:

1. Professional Services Agreement

RECOMMENDATION
• Approve the professional services agreement for the executive recruitment for City Manager with Koff & Associates.
• Appropriate $25,000 from the General Fund reserves to budget activity 10109000-542050.

ITEM NO. 13

Page 1 of 18 ends

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.

This Professional Services Agreement (“Agreement”) is made and effective as of February 22, 2023 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Koff & Associates, a division of Gallagher Benefit Services, Inc., a Delaware corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services described and set forth in Consultant’s Proposal attached hereto as Exhibit A and incorporated herein as though set forth in full (“Services”). Consultant shall complete the Services according to any schedule of performance set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.

4. CITY MANAGEMENT
The Interim City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.

5. PAYMENT
A. City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A. This amount shall not exceed Twenty-Five Thousand dollars ($25,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein,

Page 2 of 10 ends

unless such additional services are authorized in advance and in writing by the Interim City Manager or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall also have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.

Page 3 of 10 ends

8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement. Notwithstanding the foregoing, City shall own all final deliverables provided to City by Consultant as part of the services provided under this Agreement, provided however, Consultant shall retain sole and exclusive ownership of all right, title, and interest in, and to, its intellectual property and derivatives thereof which no data or Confidential Information of the City was used to create and which was developed entirely using Consultant’s own resources, including any and all pre-existing or independently developed know-how, methods, processes and other materials prepared by Consultant. To the extent Consultant’s intellectual property is necessary for the City to use the deliverables provided under this Agreement, Consultant grants to City a nonexclusive, royalty-free license to Consultant’s intellectual property solely for City’s use of such deliverables.

9. INDEMNIFICATION AND DEFENSE
A. Indemnity.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and any and all of its officials, officers, employees, agents,

Page 4 of 10 ends

and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the acts, errors, or omissions of Consultant, its officers, agents, employees, or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of Services under this Agreement.

B. Duty to Defend.

In the event the City, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding (“Action”) arising from the performance of the Services under this Agreement, whether or not Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’s sole cost, or at the City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense.

C. Payment by the City for Services is not a condition precedent to enforcement of this section. Consultant’s duty to defend, indemnify, and hold harmless the City shall not extend to the City’s sole or active negligence. In the event of any dispute between Consultant and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Consultant will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney’s fees, expert fees and costs of litigation.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.

11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

Page 5 of 10 ends

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said

Page 7 of 10 ends

response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Interim City Manager
To Consultant: Koff & Associates, a division of
Gallagher Benefit Services, Inc.
2835 Seventh Street
Berkeley, CA 94710
Attention: Frank Rojas

17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only the Project Team identified in Consultant’s Proposal shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of any member of the Project Team from Consultant's employ. In the event of any departure, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant. The contract between Consultant and such subconsultant shall include an indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Page 8 of 10 ends

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

22. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

23. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

24. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the

Page 9 of 10 ends

parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

25. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

26. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

27. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

28. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrants and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

29. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

Page 10 of 10 ends

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]

CITY OF SANTA FE SPRINGS KOFF & ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC.
____________________________
Juanita Martin, Mayor
Date: ______________________
_______________________________
Georg S. Krammer, Managing Director
Date: __________________________
ATTEST: KOFF & ASSOCIATES, A DIVISION OF
GALLAGHER BENEFIT SERVICES, INC.
__________________________
Janet Martinez, City Clerk
________________________________
Catherine B. Kaneko, Managing Director
Date: ___________________________
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Consultant’s Proposal
Exhibit B Insurance Requirements

EXHIBIT A
CONSULTANT’S PROPOSAL
Submittal date: January 18, 2023
Submitted by:

Koff & Associates
2835 Seventh Street
Berkeley, CA 94710
Frank Rojas
Recruitment Manager
[email protected]
510.495.0448

EXECUTIVE RECRUITMENT SERVICES

CITY MANAGER

CITY OF SANTA FE SPRINGS

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
January 18, 2023
Debbie Ford, Human Resources Manager
City of Santa Fe Springs
11710 Telegraph Road,
Santa Fe Springs, CA 90670
Dear Ms. Ford,
Thank you for the opportunity to submit our proposal to assist the City of Santa Fe Springs with Executive Recruitment services. We are excited about the possibility of developing this partnership and supporting the City with the search for its next City Manager. Koff & Associates (K&A), a Gallagher company, is uniquely qualified based on over 37 years of assisting public agencies with finding and placing candidates dedicated to public service.

Our unique selling proposition lies in K&A’s experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.

Conducting countless executive search efforts has made K&A an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.

As K&A’s Recruitment Manager, I will be the Project Manager for this recruitment effort with our recruitment team. You can reach me at (510) 495-0448 or [email protected].

Sincerely,
Frank Rojas
Recruitment Manager
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | KoffAssociates.com Table of Contents
Business Information 1
Experience and Qualifications 1
Recent Successful Recruitments 2
Project Team 5
Project Approach / Methodology 7
References 11
Pricing Proposal 12
Other: Professional Services Agreement Acknowledgement 14 Signature Page 15
Attachment: Sample Brochure

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
1 BUSINESS INFORMATION
Koff & Associates (“K&A”) is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.

As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.

EXPERIENCE AND QUALIFICATIONS
With 37 years of HR experience, Koff & Associates knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish – providing sourcing expertise, full-cycle recruitment at the start of your search through the start date of your newest employee, and everything in between.

Our long list of clients indicates our firm’s reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A is “hands on” and responsive with the ability and expertise to identify the ideal candidate(s) for the City of Santa Fe Springs.

K&A uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.

K&A provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization’s people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.

We build enduring
relationships
We source top talent reflective of the communities you serve. With our focus on inclusion, networking and partnering with minority-based associations, utilizing bias-reducing tools, and drawing from our own employees’ certification training, we are leaders in public sector Diversity and Inclusion.

We value strength in
diversity
K&A uses advanced programs and unique sourcing methods to identify candidates which traditional recruiting strategies might have missed. We continuously gather and analyze important data points and are always looking ahead at how we can use information technology to better serve you.

We leverage innovative
search technology

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
2 RECENT SUCCESSFUL RECRUITMENTS
The following is a partial list of recent executive recruitments conducted by Frank Rojas (some while at a previous firm):

Agency Title Year Completed
City of Palm Springs City Manager, Chief of Police Current City of Soledad City Manager Current
City of Carson Finance Director, Public Works Operations Manager, Community Service Director, City Manager, Public Works Director Current – 2020 City of Pasadena Chief of Police, Controller, Director of Libraries & Information Services Current - 2022
City of Oxnard
Budget Manager, Public Works Dir., Asst. Public Works Dir. (2), Chief Financial Officer, Purchasing Manager, Controller, Communications & Marketing Manager, Assistant City Attorney, Planning & Environmental Manager, Assistant Director of Housing Programs, Environmental Waste Division Manager
Current – 2017
City of Berkeley
I.T. Director, Deputy Director of Finance, Public Works Director, Deputy City Attorney (2), Director of Health, Housing and Community Services, Operations Manager (2), Accounting Manager Current – 2020
City of Salinas Finance Director, City Manager, Chief of Police, Assistant Finance Director, Planning Manager Current - 2021
City of El Monte Chief of Police, Director of Human Resources & Risk Current - 2022 Contra Costa Water
District
Assistant General Manager (Engineering & Construction), Director of Finance Current - 2022
City of Rialto Deputy City Manager, Community Development Director, Public Works Director/City Engineer Current - 2022
City of Signal Hill City Manager 2022
City of East Palo Alto City Manager 2022
City of Millbrae Community Development Director, Public Works Director, Finance Director 2022 – 2021
City of San Jose Assistant CIO, Chief Information Officer 2022 City of Calexico City Manager, Chief of Police 2022
City of Long Beach City Treasurer 2022
County of San Mateo
Transportation
Authority/District
Deputy Director, Transportation Authority;
Executive Officer for Civil Rights, Employee & Labor Relations, and Human Resources; District Surveyor, Real Estate
2022/2021

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
3 City of San Bernardino
Director of Public Works, Chief of Police, Director of Human Resources, Director of Animal Services, Director of Finance, Assistant HR Director (Risk)
2022/2020
City of Pasadena Chief of Police, Controller, Dire Current/2022 City of Ontario Assistant Community Development Director, Assistant General Manager (Utility), Economic Development Director Current/2021 County of Riverside County Counsel, Diversity Equity, and Inclusion Officer, Chief Executive Officer, Animal Services Director 2022-2020
East Valley Water District General Manager/Chief Executive Officer 2022 Stinson Beach County
Water District General Manager 2022
City of Oceanside City Manager 2022
Los Angeles County
Vector Control District General Manager 2022
Metro Parks Tacoma Chief Financial and Administrative Officer 2022 East Bay RPD Chief Information Officer 2022
CALAFCO Executive Director 2022
Santa Barbara
Metropolitan TD
Director of Finance and Administration, Director of Human Resources and Risk 2022
City of Leavenworth City Administrator 2022
City of Lawndale Director of Finance / City Treasurer 2022 City of Tracy City Attorney 2022
City of Riverside Budget Manager 2022
County of Stanislaus Director of Animal Services 2022
City of Cherry Hills
Village Chief of Police 2022
City of Woodland Park Chief of Police 2022
City of Oroville Chief of Police 2022
Humboldt Waste
Management Authority Executive Director 2021
City of Chico Public Works Director 2021
Tahoe Regional Planning
Authority Director of Human Resources & Organizational Development 2021 County of Santa Clara Planning Services Manager/Deputy Director 2021 First 5 Alameda County Human Resources Director 2021
City of San Diego Director of Transportation 2021
City of Glendale City Manager 2021

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
4 Orange County Social
Services Agency Chief Deputy Director, Division Director (3) 2021/2020/2019 City of Carson Public Works Director, Community Services Director, City Manager 2021/2020/2019 City of Colton Public Works & Utility Services Director 2021 City of Redlands Director of Municipal Utilities & Engineering, Fire Chief 2021/2020 County of Tulare Director of Human Resources & Development, Director of Information & Communications Technology 2021/2020
City of Millbrae Director of Finance, Community Development Director 2020 City of Avondale Development & Engineering Services Director, Economic Development Director 2020/2019
City of Redlands Fire Chief, Director of Municipal Utilities & Engineering 2020 City of Shafter City Manager 2020
City of Ontario Municipal
Utilities Assistant General Manager 2020
City of Bell Director of Community Development 2020
City of Los Angeles Human Resource & Payroll Project Manager (ERP implementation) 2020 County of San
Bernardino
Public Works Director, Human Resources Director, Assistant HR Director, Director of Land Use Services, Regional Parks Director 2020/2019/2018 Orange County LAFCO Assistant Executive Officer 2020
LA Metro Chief Ethics Officer 2020
Orange County Fire
Authority Purchasing Manager, Fleet Manager, Human Resource Director 2020/2017 City of Banning Director of Administrative Services, Director of Parks and Recreation 2019 City of Santa Ana City Manager, Parks & Recreation Director 2019 City of Bell Gardens City Manager 2019
City of Anaheim Deputy Planning Director, Engineering Manager, Buyer 2020/2018/2016 City of Garden Grove Finance Director, City Manager 2019/2016 Desert Healthcare Dist. Chief Executive Officer 2019
City of San Marino City Manager 2018
County of San Luis
Obispo County Administrative Officer 2018
County of Imperial County Executive Officer 2018
City of Avalon City Manager 2018

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
5 PROJECT TEAM
Frank Rojas (Resides in Riverside, CA)
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.

Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.

In addition to recently completing recruitments for the City of San Bernardino, County of Riverside, City of Riverside, City of Pasadena, and City of El Monte, recent successful efforts include positions of City Manager, Finance Director, County Executive Officer, Director of Human Resources & Development, City Treasurer, DEI Officer, Chief of Police, and Director-level hires for Information Technology, Social Services, Public Works, Economic Development, Community Services, Animal Services, and Division/Site General Managers.

Frank has been named in the top 1% viewed profiles on LinkedIn and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.

Carlo Zabala
Executive Recruiter
Carlo has over 15 years of experience in the recruiting field. He started his career as a nurse recruiter on travel nursing contracts and filling multiple roles throughout the country, working with healthcare systems to fill their needs. He then went on to work at PRIDE Industries, the nation’s largest employer of people with disabilities, recruiting for their new government contracts and corporate positions. His next recruiting role was with CVS/Aetna, a Fortune 5 company, where he worked on new Medicare contracts. Most recently, Carlo was Sr Recruiter at Shriners Hospital for Children Northern CA, implementing a new recruitment program at the hospital.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
6 PROJECT TEAM, Cont.

Joshua Boudreaux
Recruiting Supervisor
Joshua has over nine (9) years of public sector Human Resources experience.

He began his public sector journey as a labor representative with the Orange County Employees Association representing employees in grievances, investigations, meet and confers, interactive processes, arbitrations, and negotiations. He transitioned into the HR world at the City of Anaheim where he led classification and compensation projects. At the Orange County Fire Authority, he worked closely with Battalion and Division Chiefs on projects such as classification and compensation, employee relations, and recruitment.

Prior to joining K&A, Joshua served as an Administrative Manager for the County of Orange where he handled employee grievances, conducted investigations, and represented the County on meet and confer items. He served as the President of the Orange County Human Resources Consortium in 2017-2018. Since joining K&A, Joshua partners his classification and compensation experience, marketing skills, and recruitment experience to bring a full-service experience to all clients. He currently manages full-cycle recruitments for California public sector agencies including, cities, counties, and special districts. He provides supervisory oversight for technical, professional, and management recruitments.

Joshua earned his B.S. in Political Science with a concentration in American Politics from the University of California, Los Angeles; his Master’s in Public Administration from Chapman University (Brandman); and a Master’s Certificate in Human Resources with emphasis in Labor Relations from Cornell University.

Current & Previous Recruitments: City of Seaside – Associate Engineer, Senior Engineer; City of Fairfield – Fire Inspector I/II; Valley Water District – Environmental Planner/Regulatory Specialist, Senior Engineering Technician, Sr. Information Systems Technician; County of Sonoma – Real Estate Manager; Alameda County Water District – Director of Engineering; Dublin San Ramon – Waste Water Treatment Superintendent, Electrician II; City of Long Beach – Jail Administrator, Medical Director, Occupational Health Services Manager; Port of Oakland – Maintenance Manager; City of Gilroy – Fleet Superintendent; Big Bear Lake – Senior Accountant; City of Richmond – Budget Administrator, Accounting Manager; Monterey One Water – SCADA Analyst; City of Richmond – Deputy Director of Community Services: Employment and Training.

Chelsea Freeman
Senior Recruiter
Chelsea’s professional qualifications include seven years of experience working in the public sector, mostly with the California State University system. Chelsea also has nine years working in the private sector in manufacturing. In her role as Classification, Compensation and HR Operations Manager, she was responsible for developing and implementing a compensation philosophy for staff and faculty, as well as implement process improvement efforts within the HR operations. She provided ongoing consultation to Managers relating to recruiting, best practices in hiring which included Diversity and Inclusion training, and properly classifying and compensating employees.

Chelsea earned her B.A. degree in Communications from Sonoma State University.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
7 PROJECT APPROACH/METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.

K&A will provide weekly progress reports to the City Council and participate in conference calls and onsite meetings as requested.

We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.

Step 1: Ideal
Candidate Profile
Step 2: Five
Week Window of
Application and
Sourcing
Step 3:

Recommendation
of Candidates
Step 4: Interview
Facilitation
Step 5:

Background,
References, and
Offer

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
8 Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process.

We will coordinate with the City Council in identifying and developing:
 The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
 Position competency requirements, i.e., knowledge, skills, and abilities;  Personal and professional attributes required of and priorities for the new incumbent;  Type of working relationship senior leadership desire with the new incumbent;  Advertising strategies in conjunction with a national and/or regional outreach campaign;  Compensation levels; and
 Schedule of deliverables from K&A.

After meeting(s) with the City Council, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.

Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City Council’s feedback. The brochure will highlight the strengths of the City of Santa Fe Springs and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.

Step 2: Five Week Window of Application & Sourcing
K&A can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City Council prior to firstround interviews.

Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.

In coordination with the City Council, K&A will:
 Identify prospects;
 Provide each potential candidate with access to the recruitment brochure;  Capture interested candidates in our recruitment project database; and  Provide representative data to the City Council, including candidate documents, interview notes, and an outline of the recruitment process.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
9 Step 3: Recommendation of Candidates
K&A will provide the City Council with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist. This screening process is specifically designed to assess the personal and professional attributes the City Council has identified and will focus on each candidate’s ability, technical competency, and fit with the City’s values, culture, and needs. Our assessment will consist of:
 Experience and qualifications;
 Cultural fit based on our understanding of essential intangibles;  Clarity of any issues identified in the submitted documents;  Reasons for position interest,
 The level of commitment to the position and the organization; and  Other issues, including salary requirements.

Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates’ qualifications and management/work styles. We will facilitate all necessary communications with the City Council and candidates to ensure everyone is well prepared.

Interview questions will elicit information about each candidate’s technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.

Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City Council.

The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the City Council at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.

Step 5: Background, References, and Offer
K&A provides a thorough and quality reference and background check process for our clients. We start by calling candidates’ employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.

Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients’ needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.

K&A can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
10 Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.

Weeks 2 4 6 8 10 12 14
Step 1
Step 2
Step 3
Step 4
Step 5

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
11 REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization’s needs.

Recruitment & Agency Contact
Oxnard, City of
Public Works Director, Asst. Public Works Director (2), Chief Financial Officer, Purchasing Manager, Controller,
Communications & Marketing Manager, Assistant City Attorney, Civil/Traffic Engineers
Lisa Baker
Assistant Director, Human Resources
805.385.7596
[email protected]
4300 W. Third Street
Oxnard, CA 93030
San Bernardino, City of
Director of Community & Economic Development,
Chief of Police, Director of Human Resources,
Director of Animal Services, Finance Director
Edelia Eveland
Assistant City Manager
909.384.5262
[email protected]
290 North ‘D’ Street
San Bernardino, CA 92401
Berkeley, City of
Director of Information Technology, Director of Health, Housing, and Community Services, Director of Public Works, Deputy City Attorney(s), Manager of Engineering, Operations Manager(s) LaTanya Bellow, Deputy City Manager
Liam Garland, Public Works Director
510.815.1767
[email protected]
510.981.6303
[email protected]
2180 Milvia St
Berkeley, CA 94704
Salinas, City of
City Manager
Finance Director
Planning Manager
Marina Horta-Gallegos
Human Resources Director
831.758.7417
[email protected]
200 Lincoln Avenue
Salinas, CA 93901

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
12 PRICING PROPOSAL
Note: Expenses do not include candidate travel.

Optional: Recruitment Video
In addition to the standard recruitment brochure, K&A can develop a Recruitment Video to better highlight the positive elements of the organization and community. These videos have proven to attract more job seekers and effectively expand the talent pool. Videos run approximately three-minutes in length and highlight the workplace environment, local landscape, and include interviews with selected staff. This video is optional and costs $3,500.

Placement Guarantee
K&A is committed to recommending only the most qualified candidates who meet all the necessary requirements and qualifications and are also a cultural fit for the City. We proactively recruit for each search effort until a successful candidate is placed.

Therefore, we promise to present to the City Council a selective pool of candidates that met or exceeded our standards during the thorough screening processes and have been identified as ideal matches for the position.

Should the City Council disapprove of all final candidates or should none pass the final interview and reference check process, we will work to find a new slate of candidates at no added cost, with the possible exception of necessary advertising.

In addition, for full recruitments for executive and mid-management positions, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, we commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the Pricing Proposal.

Overall, K&A’s retention rate during the first 12 months of hire is robust and has been above 95% over the last 37 years.

Project
• City Manager
Professional Fee and Expenses
• Total not-to-exceed professional fee of $25,000, which includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background.
• Invoices will be billed monthly in four equal increments of $6,250.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
13 Recruiting Process During Covid-19 Crisis
We will work to counterbalance market forces and build a pipeline of potential candidates through strong marketing and branding efforts, including videos, job postings, and a social media campaign. Our ongoing communication with candidates helps with reputation and keeps them engaged; so, when there is an opportunity that matches their background, we reduce the time-to-hire. As always, communication is key.

Candidates who experience a warm, communicative recruitment experience are more likely to maintain their interest and are more likely to feel welcomed into the organization. The recruitment experience is the first impression your employee receives and is a crucial factor in employee engagement and tenure.

We have embraced the virtual interview. The push into virtual technologies due to the pandemic was generally new for many public agencies. Our crystal ball tells us that virtual interviewing is not going away regardless of how the public sector world evolves going forward beyond the pandemic. Although virtual interviewing may have become necessary during this crisis, it is not a temporary strategy that should fall to the wayside; how we communicate in virtual interviews is essential and will continue to be as we move forward.

To conduct an effective virtual interview, simple steps can be taken to ensure a predictable and high-quality process. We will be clear on exactly how the interview process will go and what candidates should expect. We are savvy at navigating the technology and can help with technical challenges on the fly. Coaching panel members to maintain a professional demeanor during virtual interviews and eliminate smartphone or other competing screen distractions, just as you would in person, can also help the process.

K&A Organizational Diversity Statement
This statement reaffirms our commitment to affirmative action efforts and providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.

We affirm our personal and official support of these policies, which provide that K&A is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
14 OTHER: PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT We will be pleased to sign the City’s professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
 Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence;
 Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place;  Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage;  Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate;
 Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate;  Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
 Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
 All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.

RECRUITMENT SERVICES FOR CITY OF SANTA FE SPRINGS
15 SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.

This proposal is valid for ninety (90) days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas Date: January 18, 2023
Recruitment Manager
City Manager

THE COMMUNITY
Nestled at the base of the San Jacinto Mountains,
the City of Palm Springs is known for its crystal-blue
skies, year-round sunshine, stunning landscape, and
starry nights. Palm Springs’ rich history and gorgeous
weather make it an ideal place to live and a preferred
destination of over six million annual travelers from all over the world. The City maintains the charm of a small town while offering the amenities of an urban center.

Palm Springs lies on the western edge of the Coachella
Valley approximately 107 miles east of Los Angeles
within the ecological area known as the Colorado
Desert. The permanent population is approximately
45,500 with a substantial increase of weekend
population during peak seasons. The City is known for
valuing and celebrating its diverse neighborhoods and
communities.

Residents of Palm Springs have access to shopping,
galleries, restaurants, parks, recreational facilities, hiking trails, bike routes, and horseback riding as well as the scenic Palm Springs Aerial Tramway up Mt. San Jacinto.

As the City enjoys virtually 350 days of sunshine
per year, Palm Springs’ community has year-round
enjoyment of the outdoors. Palm Springs is host to
many parades and festivals, including the famed Palm
Springs International Film Festival. Residents of Palm
Springs find that the City is an ideal community to call home.

CITY GOVERNMENT
The City of Palm Springs is a full-service city providing residents and visitors with the following services:
general governance, legal, financial, information
technology and administrative management, police,
fire, emergency management service, engineering,
maintenance of public facilities, streets, recreation,
airport, public improvements, planning and zoning,
community and economic development including
CDBG, animal shelter, sustainability and recycling,
convention center, tourism, and library services. As you walk, bike or drive through our various neighborhoods,
you are surrounded by a sense of community. There
are a variety of architectural styles throughout Palm
Springs, from mid-century modern and more.

Since 1994, Palm Springs has been governed as a
charter city, and operates under a Council-Manager
form of government. Council Members are elected by
district and serve four-year staggered terms, with the
position of Mayor rotating annually. The City Council
appoints the City Manager and the City Attorney.

The City of Palm Springs has a FY2022-2023 revised
budget of $466 million with 575.5 full-time equivalent
allocated positions.

CITY OF PALM SPRINGS MISSION STATEMENT:

Palm Springs is an inclusive world class city
dedicated to providing excellent and responsive
public services to enhance the quality of life for
current and future generations.

THE POSITION
The City Manager serves as Chief Executive Officer of
the City and advises the City Council on policy and
programs impacting the community and the City
organization. The City Manager appoints the City’s
department heads and is responsible for ensuring that
city services are performed to the highest standard in
line with City Council priorities. The City Manager is
responsible for the submission and implementation of
the City’s budget in addition to the following:

Administer the affairs of the City and direct staff in
the implementation of the City Council’s priorities
which include, but are not limited to the following:
• Oversee the proper application and enforcement of
City laws and ordinances.
• Provide overall daily supervision, management, and
direction to City departments.
• Build and maintain relationships with City
employees, as well as meet and confer with the six
established employee bargaining units.
• Create an open environment which encourages
resident and business input on City operations and
programs.
• Establish effective management relationships with
surrounding city, special districts, county, state, and federal agencies.
• Coordinate and provide timely and accurate
information to the public and media regarding City
events and activities.
• Maintain communication with the City’s 50
neighborhood organizations.

THE IDEAL CANDIDATE
Palm Springs has a reputation for being a diverse,
progressive, inclusive and high-achieving, world-class
destination city; with an active and engaged community.

The City seeks an experienced, politically astute, and
strategic leader with well-rounded experience and the
ability to provide effective leadership in all municipal areas of government including police, fire, public
works, community development, airport operations,
finance, recreation, and tourism. Palm Springs is one
of the most LGBTQ+ friendly communities among U.S.
cities and is proud of its diverse population.

The ideal candidate will be a dynamic and confident
manager with excellent communication and
interpersonal skills able to build solid business
relationships and partnerships. The City Manager will be dedicated and committed to working collaboratively
to ensure that the City embraces opportunities while
being a creative problem solver to continue the high
quality of services that the City is known for. The
successful candidate should be comfortable working
on a range of issues including affordable housing and
homelessness initiatives, economic development,
and financial management, as well as environmental
and social justice; and have a proven track record
implementing and seeing projects to completion.

Experience working with the tourism industry is a plus, as well as an engaged and involved community.

The selected candidate will appreciate and protect the
historical aspects of the City while creating strategies and plans for a post-pandemic world. The selected
candidate will have a positive demeanor, and a
passion for public service; a leader that recognizes this opportunity to create and establish an effective and
efficient administrative infrastructure for long-term
success.

Key characteristics and attributes:
• A supportive leader who creates a cohesive structure
and team-oriented working environment.
• An inclusive and positive management style
that ensures accountability, responsibility, and
encourages discussion and ideas from staff and key
stakeholders.
• Good organizational skills with a transparent style of leadership; outward facing who is able and willing
to use the City website to promote projects, engage
with the community, be approachable.
• Flexible. Able to provide clear goals and expectations, while remaining agile and can adapt to changing
priorities.
• The ability to effectively communicate with staff.

Remove roadblocks and be willing to allow for
project ownership, employee development, and a
sense of pride. Able to attract and retain a solid, high performing workforce.
• Stays current in new technologies and statewide
and national legislation.
• Effective at community engagement and follow
through. A listener.

QUALIFICATIONS
• Bachelor’s degree with major course work in
public administration, business administration or a
related field; OR any combination of education and
expertise that provides equivalent knowledge, skills,
and abilities.
• A Master’s degree is ideal.
• 5-10 years of increasingly responsible administrative experience in local government, preferably in an
advanced executive management position.

COMPENSATION AND BENEFITS
The salary for this position is highly competitive
and will be commensurate based on experience.

Retirement – Classic Members – 2% @ 60 with a 7%
pre-tax employee contribution, New Members – 2% @
62, with an 8% (or ½ the normal cost as determined by
CalPERS) pre-tax employee contribution.

Healthcare – The City provides a flexible-benefit dollar amount to be used on plans and services that best fit
your needs; a range of healthcare options are available for medical, dental and vision coverage.

Annual Leave – Accrual begins at 16 hours per month;
increase after 5 years of service.

Holiday Leave – 12 days per calendar year, plus 1
floating holiday.

Life Insurance – City paid life insurance at $100,000.

Disability Insurance – City-paid Long-Term Disability
plan; employee paid Short-Term Disability plan in lieu
of the State-mandated plan.

Worklife – 4/10 (M-Th) work schedule, an Employee
Assistance Program, and a range of additional programs
are also available.

APPLICATION AND

RECRUITMENT PROCESS
The final filing date is Friday, October 14, 2022.

To be considered, please submit a resume, cover letter, and five work related references (who will not be
contacted in the early stages of the recruitment) to:
https://koffassociates.com/city-manager-3/
Resumes should reflect years and months of positions
held, as well as size of past organization(s).

Frank Rojas
(510) 495-0448
[email protected]
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant
qualifications will be given preliminary interviews by
the consultant. Koff & Associates will report the results to the City. The City will then select candidates to
participate in panel interviews. Extensive reference and background checks will be completed on the selected
candidate.

Equal Opportunity Employer
The City of Palm Springs is an equal employment opportunity employer, and we encourage all persons to file applications.

Applicants will be considered regardless of race, color, creed, national origin, ancestry, age, sex, sexual orientation, gender, gender identity, gender expression, family or marital status, disability, medical condition or pregnancy, genetic information, religious or political affiliation, or veteran status.

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than two (2) years after completion of the services required by this Agreement.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease).

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives or employees.

Primary/noncontributing. The General Liability coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella insurance. Any umbrella insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. With the exception of Professional Liability, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the City.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The Professional Liability policy shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

City Council Meeting February 21, 2023
Report Submitted By:

Raelene Barraza Date of Report: February 16, 2023
City Manager’s Office
City of Santa Fe Springs

PRESENTATION
Milestone Recognition

BACKGROUND
Quarterly, the City Council holds a Milestone Celebration to recognize residents for significant “milestone” achievements (e.g., significant birthdays or wedding anniversaries). Tonight, the following City resident has been invited to be recognized:

Laura Beatriz Morillo – 97th Birthday
Tom Hatch
Interim City Manager
Attachment(s):

None
ITEM NO. 14A
City Council Meeting February 21, 2023
Report Submitted By: Maricela Balderas/Deborah Raia Date of Report: February 16, 2023 Department of Community Services
City of Santa Fe Springs

PRESENTATION
Proclamation – Declaring the Month of March 2023 as “National Reading Month” in Santa Fe Springs

BACKGROUND
March 2023 is National Reading Month, a national celebration designed to promote and revive reading habits. The City would like to take this opportunity to motivate people of all ages to read, as well as share their love of all types of literature with each other.

Reading is one of the best habits to develop, as it helps to improve comprehension, analytical abilities, increases imagination, and boosts memory.

To celebrate National Reading Month, the Library is inviting readers of all ages to tell us the titles of their favorite books and the Library will create social media posts to showcase those titles. Each reader who submits a title will be entered into a contest to win a gift card. Contest details, including how to submit titles, will be on the Library’s social media pages next week.

The Mayor may wish to call upon Deborah Raia, Library Services Manager, to assist with the proclamation.

Tom Hatch
Interim City Manager
Attachment:

1. Proclamation – National Reading Month

RECOMMENDATION
• Proclaim March 2023 as National Reading Month in Santa Fe Springs ITEM NO. 14B
Attachment No. 1
WHEREAS, in honor of the birthday of one of America’s most admired authors and illustrators, Theodor (Dr. Seuss) Geisel, March is celebrated as National Reading Month to promote the joys and the importance of reading across our City and nation; and, WHEREAS, reading plays a crucial role in our lives by stimulating our imagination, expanding our knowledge of the world and each other and helping us to develop language skills; and,
WHEREAS, reading is also associated with early childhood learning and development, as it helps children to learn sounds, words, and language, expand literacy skills, and develop the ability to focus, concentrate, socialize, and communicate; and, WHEREAS, reading has long-lasting health benefits for individuals of all ages, including increased cognitive function, memory, empathy, and decreased levels of stress; and, WHEREAS, the City of Santa Fe Springs stands firmly committed to promoting reading as the catalyst for our student’s future academic success, their preparation for American’s jobs of the future, and their ability to compete in a global economy; NOW, THEREFORE, I, Juanita Martin, Mayor of Santa Fe Springs on the behalf of the entire City Council, do hereby proclaim March 2023 as National Reading Month in Santa Fe Springs. As Dr. Seuss said, “The more you read, the more things you will know. The more that you learn, the more places you will go.”
Dated this 21th day of February 2023.
__________________________

JUANITA MARTIN, MAYOR
ATTEST:
____________________________

JANET MARTINEZ, CITY CLERK
City Council Meeting February 21, 2023
Report Submitted By: Maricela Balderas / Ruby Picon Date of Report: February 14, 2023 Department of Community Services
City of Santa Fe Springs

PRESENTATION
Proclamation – Declaring the Month of March 2023 as “National Developmental Disabilities Awareness Month” in Santa Fe Springs

BACKGROUND
Since 1987, communities across our nation have celebrated March as National Developmental Disabilities Awareness Month to raise awareness about the inclusion of people with developmental disabilities in all facets of community life, as well as awareness of the barriers that people with disabilities still sometimes face in connecting to the communities in which they live.

The City of Santa Fe Springs Community Services Department offers a wide variety of services, programs and events, all designed to enhance the quality of life of residents. The department continually strives to meet the evolving needs of the community, ensuring every individual has the opportunity to create and enjoy memorable experiences. At the start of 2023, the department launched Adaptive Recreation Programs to meet the growing need to offer programming for individuals with developmental disabilities.

As part of its Adaptive Recreation Programs, the department offers Thursday Club, a program specially designed for teens and adults with developmental, physical and/or learning disabilities. Through this program, participants are encouraged to maximize their abilities through recreation activities with a social emphasis. Thursday Club meets every Thursday at Town Center Hall from 10 a.m. to 12 p.m. In addition, the department hosts quarterly themed dances, providing an opportunity for participants to improve motor skills, express themselves, and connect with others.

The Mayor may wish to call on Ruby Picon, Management Analyst II, to assist with the proclamation.

Tom Hatch
Interim City Manager
Attachment:

1. Proclamation

RECOMMENDATION
• Proclaim March 2023 as “National Developmental Disabilities Awareness Month” in Santa Fe Springs
ITEM NO. 14C
Attachment No. 1
WHEREAS, in 1987, President Ronald Reagan officially proclaimed March as National Developmental Disabilities Awareness Month; and
WHEREAS, the campaign seeks to raise awareness about the inclusion of people with developmental disabilities in all facets of community life, as well as awareness of the barriers that people with disabilities still sometimes face in connecting to the communities in which they live; and
WHEREAS, developmental disabilities are conditions which affect more than six million Americans and their families; and
WHEREAS, people with developmental disabilities are defined by their strengths, abilities and inherent value, not by their disability; and,
WHEREAS, early intervention, education, employment, and home and community-based services continue to be vital to enabling citizens with developmental disabilities to enjoy the full rights of citizenship and to participate in their communities; and, WHEREAS, the City of Santa Fe Springs stands firmly committed to improving the quality in Santa Fe Springs and offers a wide array of services and programs to enable all its citizens to lead productive lives and achieve their full potential.

NOW, THEREFORE, I, Juanita Martin, Mayor of Santa Fe Springs on the behalf of the entire City Council, do hereby proclaim March 2023 as National Developmental Disabilities Awareness Month.

Dated this 21st day of February 2023.
__________________________

JUANITA MARTIN, MAYOR
ATTEST:
____________________________

JANET MARTINEZ, CITY CLERK
City Council Meeting February 21, 2023
Report Submitted By: Maricela Balderas/Gus Hernandez Date of Report: February 16, 2023 Community Services
City of Santa Fe Springs

PRESENTATION
2023 Youth Leadership Committee Report on Retreat to Green Valley Lake, CA and Recognition of Retreat Sponsor, Serv-Wel Disposal & Recycling

BACKGROUND
On January 13 through 16, 2023 the Youth Leadership Committee participated in its annual leadership retreat in Green Valley, CA. There, the Committee members had an opportunity to supportively work together in a placid and serene setting.

Additionally, the Committee members enjoyed some team building activities, including snow tubing.

Highlights of the retreat included:
• Importance of civic engagement and responsibility
• Team building activities to enhance self-confidence, teamwork, leadership, and presenting skills
• Integrating new members into the Committee
• Developing goals for the Youth Leadership Committee 2023 year • Recreational and free time activities
This retreat would not have been possible without the generous and continuing contribution of Serv-Wel Disposal & Recycling. The Youth Leadership Committee would also like to recognize Serv-Wel for its ongoing support of this retreat.

The Mayor may wish to call upon Wayne Bergeron, Community Services Supervisor, to assist with the presentation.

Tom Hatch
Interim City Manager

RECOMMENDATION(S)
• Receive the Youth Leadership Committee’s report on its annual planning and team building retreat; and
• Recognize Serv-Wel Disposal & Recycling for its generous support of this program.

ITEM NO. 14D
City Council Meeting February 21, 2023
Report Submitted By: Maricela Balderas Date of Report: February 16, 2023 Department of Community Services
City of Santa Fe Springs

PRESENTATION
Introduction of Newly Promoted and New Community Services Employees

BACKGROUND
Over the last two months, Community Services Department has hired new employees and promoted internal staff in the Divisions of Family & Human Services, Library Services and Parks & Recreation.

The following is a list of the newly hired and recently promoted employees:

Family & Human Services Division
Employee Name: Jasmine Oregel
Job Title: Administrative Assistant II (internal promotion) Library Services Division
Employee Name: Mayumi De Vera
Job Title: Librarian III (internal promotion)
Parks & Recreation Services Division
Employee Name: Esmeralda Elise
Job Title: Administrative Assistant II (new hire)
These employees are at tonight’s council meeting to be introduced to the City Council.

Tom Hatch
City Manager

RECOMMENDATION
The Mayor may wish to call upon Director of Community Services, Maricela Balderas to introduce newly hired and recently promoted employees.

ITEM NO. 14E
City City Council Meeting February 21, 2023
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: February 16, 2023 Fernando Muñoz, Deputy City Clerk
City of Santa Fe Springs

APPOINTMENTS TO COMMITTEES AND COMMISSIONS
Committee Vacancies Councilmember
Historical & Preservation 3 Rounds
Historical & Preservation 1 Zamora
Historical & Preservation 1 Sarno
Historical & Preservation 3 Martin
Family & Human Svcs 1 Rounds
Family & Human Svcs 1 Rodriguez
Family & Human Svcs 1 Martin
Parks & Recreation 3 Zamora
Parks & Recreation 1 Sarno
Parks & Recreation 2 Rodriguez
Senior 3 Rounds
Senior 2 Zamora
Senior 2 Sarno
Senior 4 Rodriguez
Senior 2 Martin
Youth Leadership Committee 2 Rounds
Youth Leadership Committee 2 Zamora
Youth Leadership Committee 2 Sarno
Youth Leadership Committee 2 Rodriguez
Youth Leadership Committee 4 Martin
Applications Received: None
Recent Actions: Dolores Romero was appointed to Senior Advisory Committee, Johnny Hernandez was appointed to Parks and Recreation and Senior Advisory Committees, Hilda Zamora was appointed to Heritage Arts Advisory Committee, Marina Gurrola was appointed to Historical and Community Preservation Advisory Committee. Shamsher Bhandari resigned from the Family & Human Services Advisory Committee.

Tom Hatch
Interim City Manager
Attachment(s):

1. Prospective Members

2. Committee Lists
ITEM NO. 17
Prospective Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Planning Commission
Senior
Traffic Commission
Youth Leadership
9:30 a.m., Library Community Room
Qualifications: 18 Years of age, reside or active in the City Membership: 20 Residents appointed by City Council
Council Liaison: Vacant

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Maria Salazar
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Marina Gurrola
Mary Arias
Vacant
Sarno Linda Vallejo*
Sally Gaitan
Jeannette Lizarraga
Vacant
Rodriguez Elena Lopez*
Mark Scoggins
Gloria Maghame
Blake Carter*
Martin Julie Garcia
Vacant
Vacant
Vacant

HISTORICAL & COMMUNITY PRESERVATION COMMITTEE
Meets the fourth Wednesday of each month
Qualifications: 18 Years of age, reside or active in the City Membership: 15 Residents Appointed by City Council
Council Liaison: Sarno

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Miriam Herrera
Gilbert Aguirre
Vacant
Zamora Francis Carbajal*
Gabriela Garcia
Christina Colón
Sarno Janie Aguirre
Peggy Radoumis
Dolores Duran
Rodriguez Adrianne Karnofel
Elena Lopez*
Vacant
Martin Bonnie Fox
Laurie Rios*
Vacant
*Indicates person currently serves on three committees
Meets the third Wednesday of the month, except Jun., Sept., and Dec., at 5:45 p.m., Gus Velasco Neighborhood Center
5 Social Service Agency Representatives Appointed by the Committee

FAMILY & HUMAN SERVICES ADVISORY

COMMITTEE

HERITAGE ARTS ADVISORY COMMITTEE
Qualifications: 18 Years of age, reside or active in the City Membership: 9 Voting Members

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Maria Salazar
Zamora Hilda Zamora*
Sarno Peggy Radoumis
Rodriguez Francis Carbajal*
Martin Laurie Rios*
Vacant
Vacant
Vacant
Vacant
Council Liaison Bill Rounds
Council Alternate Vacant
Vacant
Maricela Balderas
Wayne Morrell
*Indicates person currently serves on three committees
City Manager
Director of Community Services
Director of Planning
Council/Staff Representatives
Chamber of Commerce
Committee Representatives
Meets the Last Tuesday of the month, except Dec., at 9:00 a.m., at the Gus Velasco Neighborhood Center Room 1
6 Non-Voting Members
Family and Human Services Committee
Historical & Comm. Preservation Committee
Planning Commission
Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Rounds

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds David (Kurt) Hamra
Joe Avila
Eddie Barrios
Ralph Aranda
William Logan
Zamora Blake Carter*
John Mora
Vacant
Vacant
Vacant
Sarno Dani Cook
Kerry Ann Cobos
Jeannette Lizarraga
Mark Scoggins
Vacant
Rodriguez Priscilla Rodriguez
Lisa Garcia
Johnny Hernandez
Vacant
Vacant
Martin Elizabeth Ford
Andrea Lopez
Nancy Krueger
Dolores Romero
Mary Anderson
*Indicates person currently serves on three committees
Meets the First Wednesday of the month, except Jul., Aug., and Dec., 6:30 p.m., Town Center Hall, Meeting Room #1
Subcommittee Meets at 5:30 p.m.

PARKS & RECREATION ADVISORY

COMMITTEE

PLANNING COMMISSION
Qualifications: 18 Years of age, reside or active in the City Membership:

APPOINTED BY NAME
Rounds David Ayala
Sarno Joseph Flores
Rodriguez Francis Carbajal*
Martin John Mora
Zamora Gabriel Jimenez
Meets the second Monday of every Month at 4:30 p.m.,
Council Chambers
5 Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Sarno

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Astrid Shesterkin
Dolores Romero
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Josefina Lara
Elena Lopez*
Vacant
Vacant
Sarno Gilbert Aguirre
Janie Aguirre
Bonnie Fox
Vacant
Vacant
Rodriguez Johnny Hernandez
Vacant
Vacant
Vacant
Vacant
Martin Dolores Duran
Linda Vallejo*
Nancy Krueger
Vacant
Vacant
*Indicates person currently serves on three committees

SENIOR ADVISORY COMMITTEE
Meets the Second Tuesday of the month, except Jun., Sep., and Dec., at 9:30 a.m., Gus Velasco Neighborhood Center

TRAFFIC COMMISSION
Membership:

Qualifications: 18 Years of age, reside or active in the City

APPOINTED BY NAME
Rounds Sally Gaitan
Sarno Johana Coca
Rodriguez Felix Miranda
Martin Linda Vallejo*
Zamora Blake Carter*
Meets the Third Thursday of every month, at 6:00 p.m., Council Chambers 5 Membership: 20
Council Liaison: Martin

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Jilliana Casillas
Jaeleen Casillas
Vacant
Vacant
Zamora Vanessa Doss
Valerie Gamboa
Vacant
Vacant
Sarno Aaron Doss
Valerie Bojorquez
Vacant
Vacant
Rodriguez Zulema Gamboa
Jisel Morales
Vacant
Vacant
Martin Vacant
Vacant
Vacant
Vacant

YOUTH LEADERSHIP COMMITTEE
Qualifications: Ages 13-18, reside in Santa Fe Springs
Meets the First Monday of every month, at 6:30 p.m., Gus Velasco Neighborhood Center Ineligible Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Gina Hernandez (until April 2023)
David Diaz-Infante (until May 2023)
Planning Commission
Senior
Paul Nakamura (until June 2023)
Yoko Nakamura (until June 2023)
Sally Gaitan (until April 2023)
Traffic Commission
Youth Leadership

Santa Fe Springs City CouncilFebruary 21, 2023

Santa Fe Springs City Council
February 21, 2023