Agenda
2023.11.21 - AGENDA - CITY COUNCIL MEETING NEW.PDF
Meeting Materials
2023.11.21 - AGENDA PACKET.PDF
1. Documents:
2. Documents:
CITY OF SANTA FE SPRINGS
REGULAR MEETINGS OF THE PUBLIC FINANCING
AUTHORITY, WATER UTILITY AUTHORITY, HOUSING
SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 21, 2023
AT 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670
CITY COUNCIL
Juanita Martin, Mayor
Jay Sarno, Mayor Pro Tem
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Ivy M. Tsai
CITY STAFF
Fire Chief Chad Van Meeteren
Police Chief Aviv Bar
Director of Community Services Maricela Balderas
Director of Finance Lana Dich
Director of Planning Wayne Morrell
Director of Police Services Dino Torres
Director of Public Works James Enriquez
City Clerk Janet Martinez
November 21, 2023: City Council Meeting Page 2 of 7
NOTICES
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.
SB 1439: Effective January 1, 2023, City
Council Members are subject to SB 1439
and cannot participate in certain
decisions for a year after accepting
campaign contributions of more than
$250 from an interested person. The
Council Member would need to disclose
the donation and abstain from voting.
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.
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
November 21, 2023: City Council Meeting Page 3 of 7
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
PRESENTATIONS
1. RECOGNITION OF THE SANTA FE HIGH SCHOOL CHEER TEAM FOR FIRST
PLACE AT THE UNIVERSAL CHEERLEADERS ASSOCIATION REGIONALS (CITY MANAGER)
CHANGES TO AGENDA
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS
At this time, the general public may address the City Council on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.
Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC FINANCING AUTHORITY, WATER UTILITY AUTHORITY, HOUSING
SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL AGENDA
PUBLIC HEARING – NONE
OLD BUSINESS – NONE
REGULAR BUSINESS
CITY COUNCIL
2. AQUATIC CENTER IMPROVEMENT PROJECT (PHASE 1A) – AUTHORIZATION
TO ADVERTISE FOR CONSTRUCTION BIDS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Plans and Specifications for Phase 1A; and 2) Approve the inclusion of a bonus/penalty in the construction contract documents for Phase 1A in an amount not-to-exceed $3,500 per calendar day to incentivize November 21, 2023: City Council Meeting Page 4 of 7
the contractor to complete the project in early summer 2024 and maximize the swim season; and
3) Authorize the City Engineer to advertise for construction bids; and 4) Take such additional, related, action that may be desirable.
3. RESIDENTIAL ALLEY IMPROVEMENTS – AUTHORIZATION TO ADVERTISE
FOR CONSTRUCTION BIDS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Plans and Specifications; and
2) Authorize the City Engineer to advertise for construction bids; and 3) Take such additional, related, action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
PUBLIC FINANCING AUTHORITY
4. MINUTES OF THE OCTOBER 17, 2023 PUBLIC FINANCING AUTHORITY
MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.
5. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED
THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.
WATER UTILITY AUTHORITY
6. MINUTES OF THE OCTOBER 17, 2023 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.
November 21, 2023: City Council Meeting Page 5 of 7
7. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED
THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.
8. STATUS UPDATE OF WATER-RELATED CAPITAL IMPROVEMENT PROJECTS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report; and
2) Take such additional, related action that may be desirable.
9. WATER WELL NO. 2 TREATMENT SYSTEM – AWARD OF CONTRACT FOR
ENGINEERING AND DESIGN SERVICES (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Award a contract to Hoch Consulting of Oceanside, CA in an amount not-toexceed $220,000 for engineering and design services for the Water Well No. 2 Treatment System project; and
2) Appropriate $275,000 from the Water Fund Reserves to the Water Well No. 2 Treatment Engineering and Design; and
3) Authorize the Board Chairperson to execute the agreement; and 4) Take such additional, related, action that may be desirable.
10. ON-CALL SCADA PROGRAMING AND MAINTENANCE – REJECTION OF
PROPOSALS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Reject the proposals received for the project; and
2) Authorize the City Engineer to re-solicit proposals for the On-call SCADA Programming and Maintenance; and
3) Take such additional, related, action that may be desirable.
11. WATER WELL NO. 12 ASSESSMENT SERVICES – AWARD OF CONTRACT (PUBLIC WORKS)
November 21, 2023: City Council Meeting Page 6 of 7
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Award a contract to Best Environmental Subsurface Sampling Technologies (BESST) Inc. of San Rafael, CA in the amount not-to-exceed $108,958 for Assessment of Water Well No. 12; and
2) Appropriate $141,646 from the Water Fund Reserves to the Water Well No. 12 Assessment; and
3) Authorize the Mayor to execute the agreement; and
4) Take such additional, related, action that may be desirable.
HOUSING SUCCESSOR
12. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.
SUCCESSOR AGENCY
13. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.
CITY COUNCIL
14. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.
15. AUTHORIZE THE FIVE-YEAR LEASE OF STATIONARY AUTOMATED LICENSE
PLATE READER (ALPR) CAMERAS (POLICE SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the Director of Police Services to enter into a five-year lease agreement, in a final form approved by the City Attorney’s office, with Flock Group Inc. for November 21, 2023: City Council Meeting Page 7 of 7
thirty Automated License Plate Readers (ALPR) in an amount not to exceed $75,000 on a yearly basis for a total amount of $375,000 over 5 years.
16. APPROVAL OF SIDE LETTERS FOR VACATION MAXIMUM ACCRUAL
INCREASE AND VACATION CASH OUT INCREASE FOR THE SANTA FE
SPRINGS EMPLOYEES ASSOCIATION, THE SANTA FE SPRINGS
FIREFIGHTERS ASSOCIATION AND THE EXECUTIVE, MANAGEMENT AND
CONFIDENTIAL ASSOCIATION (HUMAN RESOURCES/FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Approve Side Letter #3 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2025 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Employees Association. 2) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Firefighters Association. 3) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Agreement between the City of Santa Fe Springs and the Santa Fe Executive, Management and Confidential Association.
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Council member announcements; requests for future agenda items; conference/meetings reports. Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
ADJOURNMENT
I, Fernando N. Muñoz, Deputy City Clerk for the City of Santa Fe Springs hereby certify that a copy of this agenda has been posted no less than 72 hours 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.
_____________________________________________
Fernando N. Muñoz, Deputy City Clerk
CITY OF SANTA FE SPRINGS
REGULAR MEETINGS OF THE PUBLIC FINANCING
AUTHORITY, WATER UTILITY AUTHORITY, HOUSING
SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 21, 2023
AT 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670
CITY COUNCIL
Juanita Martin, Mayor
Jay Sarno, Mayor Pro Tem
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Ivy M. Tsai
CITY STAFF
Fire Chief Chad Van Meeteren
Police Chief Aviv Bar
Director of Community Services Maricela Balderas
Director of Finance Lana Dich
Director of Planning Wayne Morrell
Director of Police Services Dino Torres
Director of Public Works James Enriquez
City Clerk Janet Martinez
November 21, 2023: City Council Meeting Page 2 of 7
NOTICES
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.
SB 1439: Effective January 1, 2023, City
Council Members are subject to SB 1439
and cannot participate in certain
decisions for a year after accepting
campaign contributions of more than
$250 from an interested person. The
Council Member would need to disclose
the donation and abstain from voting.
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.
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
November 21, 2023: City Council Meeting Page 3 of 7
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
PRESENTATIONS
1. RECOGNITION OF THE SANTA FE HIGH SCHOOL CHEER TEAM FOR FIRST
PLACE AT THE UNIVERSAL CHEERLEADERS ASSOCIATION REGIONALS (CITY MANAGER)
CHANGES TO AGENDA
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS
At this time, the general public may address the City Council on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.
Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC FINANCING AUTHORITY, WATER UTILITY AUTHORITY, HOUSING
SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL AGENDA
PUBLIC HEARING – NONE
OLD BUSINESS – NONE
REGULAR BUSINESS
CITY COUNCIL
2. AQUATIC CENTER IMPROVEMENT PROJECT (PHASE 1A) – AUTHORIZATION
TO ADVERTISE FOR CONSTRUCTION BIDS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Plans and Specifications for Phase 1A; and 2) Approve the inclusion of a bonus/penalty in the construction contract documents for Phase 1A in an amount not-to-exceed $3,500 per calendar day to incentivize November 21, 2023: City Council Meeting Page 4 of 7
the contractor to complete the project in early summer 2024 and maximize the swim season; and
3) Authorize the City Engineer to advertise for construction bids; and 4) Take such additional, related, action that may be desirable.
3. RESIDENTIAL ALLEY IMPROVEMENTS – AUTHORIZATION TO ADVERTISE
FOR CONSTRUCTION BIDS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Plans and Specifications; and
2) Authorize the City Engineer to advertise for construction bids; and 3) Take such additional, related, action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
PUBLIC FINANCING AUTHORITY
4. MINUTES OF THE OCTOBER 17, 2023 PUBLIC FINANCING AUTHORITY
MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.
5. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED
THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.
WATER UTILITY AUTHORITY
6. MINUTES OF THE OCTOBER 17, 2023 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.
November 21, 2023: City Council Meeting Page 5 of 7
7. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED
THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.
8. STATUS UPDATE OF WATER-RELATED CAPITAL IMPROVEMENT PROJECTS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report; and
2) Take such additional, related action that may be desirable.
9. WATER WELL NO. 2 TREATMENT SYSTEM – AWARD OF CONTRACT FOR
ENGINEERING AND DESIGN SERVICES (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Award a contract to Hoch Consulting of Oceanside, CA in an amount not-toexceed $220,000 for engineering and design services for the Water Well No. 2 Treatment System project; and
2) Appropriate $275,000 from the Water Fund Reserves to the Water Well No. 2 Treatment Engineering and Design; and
3) Authorize the Board Chairperson to execute the agreement; and 4) Take such additional, related, action that may be desirable.
10. ON-CALL SCADA PROGRAMING AND MAINTENANCE – REJECTION OF
PROPOSALS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Reject the proposals received for the project; and
2) Authorize the City Engineer to re-solicit proposals for the On-call SCADA Programming and Maintenance; and
3) Take such additional, related, action that may be desirable.
11. WATER WELL NO. 12 ASSESSMENT SERVICES – AWARD OF CONTRACT (PUBLIC WORKS)
November 21, 2023: City Council Meeting Page 6 of 7
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Award a contract to Best Environmental Subsurface Sampling Technologies (BESST) Inc. of San Rafael, CA in the amount not-to-exceed $108,958 for Assessment of Water Well No. 12; and
2) Appropriate $141,646 from the Water Fund Reserves to the Water Well No. 12 Assessment; and
3) Authorize the Mayor to execute the agreement; and
4) Take such additional, related, action that may be desirable.
HOUSING SUCCESSOR
12. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.
SUCCESSOR AGENCY
13. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.
CITY COUNCIL
14. MINUTES OF THE OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.
15. AUTHORIZE THE FIVE-YEAR LEASE OF STATIONARY AUTOMATED LICENSE
PLATE READER (ALPR) CAMERAS (POLICE SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the Director of Police Services to enter into a five-year lease agreement, in a final form approved by the City Attorney’s office, with Flock Group Inc. for November 21, 2023: City Council Meeting Page 7 of 7
thirty Automated License Plate Readers (ALPR) in an amount not to exceed $75,000 on a yearly basis for a total amount of $375,000 over 5 years.
16. APPROVAL OF SIDE LETTERS FOR VACATION MAXIMUM ACCRUAL
INCREASE AND VACATION CASH OUT INCREASE FOR THE SANTA FE
SPRINGS EMPLOYEES ASSOCIATION, THE SANTA FE SPRINGS
FIREFIGHTERS ASSOCIATION AND THE EXECUTIVE, MANAGEMENT AND
CONFIDENTIAL ASSOCIATION (HUMAN RESOURCES/FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Approve Side Letter #3 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2025 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Employees Association. 2) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Firefighters Association. 3) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Agreement between the City of Santa Fe Springs and the Santa Fe Executive, Management and Confidential Association.
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Council member announcements; requests for future agenda items; conference/meetings reports. Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
ADJOURNMENT
I, Fernando N. Muñoz, Deputy City Clerk for the City of Santa Fe Springs hereby certify that a copy of this agenda has been posted no less than 72 hours 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.
_____________________________________________
Fernando N. Muñoz, Deputy City Clerk
ITEM # 2
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: AQUATIC CENTER IMPROVEMENT PROJECT (PHASE 1A) –
AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the Plans and Specifications for Phase 1A; and
2. Approve the inclusion of a bonus/penalty in the construction contract documents for Phase 1A in an amount not-to-exceed $3,500 per calendar day to incentivize the contractor to complete the project in early summer 2024 and maximize the swim season; and
3. Authorize the City Engineer to advertise for construction bids; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT
The Capital Improvement Program Budget for Fiscal Year 2023-24 includes $6.6 million for the project. Additionally, State Senator Bob Archuleta assisted the city in obtaining a $6.4 million State grant for the project making $13 million in total funds available for the project.
The project is broken into two phases, Phases 1A and 1B, as described below. The total project cost for Phase 1A is estimated at $6.2 million, $5 million in construction cost and $1.2 million in soft costs. There is currently adequate funding in local city funds for Phase 1A and no budget appropriation is recommended at this time.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Aquatic Center Improvement Project (Phase 1A) – Authorization to Advertise for Construction Bids
The State grant funding is programmed for the Phase 1B project that is currently in the initial stages of design and scheduled for construction after the summer 2024 swim season.
BACKGROUND
The Aquatic Center has shown signs of deterioration as described in previous council reports. Some of these issues deal with the pool deck cracking, dilapidated pool pumps, aging equipment, a dilapidated equipment room and surge pits. The City held several meetings including a Council Study Sessions and Community Feedback Meetings concerning the poor condition of the aquatic center. The result of these meetings was direction to move forward with initial repair improvement (Phase 1A) to enable re-opening of the Aquatic Center in summer of 2024. Phase 1B consists of additional amenities and features that will be completed after the summer 2024 re-opening.
ANALYSIS
Phase 1A scope of work consists of remediation/replacement of the cracked pool deck, repair and replacement of the pool plaster, upgrade pool lifts and pool main drain gates, replacing existing pool deck equipment, verification of code compliance for pool safety/maintenance equipment, upgrading underwater pool lights, remediation of the deteriorated pool equipment room surge tank slab, surge tank waterproofing, and replacing the pool mechanical equipment.
The construction cost estimate for the Aquatic Center Improvement Project (Phase 1A) is $5 million. The total estimated Phase 1A project cost including construction, engineering and inspection, and contingency is $6.2 million. The total Phase 1A project costs are as follows:
ITEM BUDGET
Construction $ 5,000,000
Design $ 100,000
Engineering $ 275,000
Inspection $ 275,000
Contingency $ 550,000
Total Phase 1A Project Cost $ 6,200,000
The funding from the city allocated $6.6 million CIP FY 2023-24 budget would be used for Phase 1A. Phase 1A construction would be completed in the summer of 2024.
Phase 1B consists of new amenities and is currently in the early stages of design.
Planned amenities include a splash pad, new family restroom, Jacuzzi/spa area, new concession stand/cabana shaded areas, pool house refresh and renovation and new CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Aquatic Center Improvement Project (Phase 1A) – Authorization to Advertise for Construction Bids
deck shaded areas. Phase 1B is currently in the schematic design phase and the finalized estimated cost and schedule is to be determined. Current estimates show the cost to be within in the range of $8 to $10 million. Phase 1B construction would start in the winter of 2024 and could take over 10 months to complete.
The Phase 1A project Plans and Specifications are complete, and the Public Works Department is ready to advertise for construction bids for the Phase 1A project upon City Council approval. A copy of the project specifications will be on file with the City Clerk.
ENVIRONMENTAL
N/A
DISCUSSION
Construction completion for Phase 1A of the project is currently scheduled for the end of July 2024. This would allow for the opening of the Aquatic Center in early August 2024, midway through the swim season that typically ends at the end of September. California Government Code Section 53069.85 permits the inclusion of a bonus/penalty in public works contracts for the purpose of incentivizing a contractor to complete a project early and on an accelerated schedule.
Staff recommends including a bonus/penalty in the construction contract in the amount not-to-exceed $3,500 per calendar day for this purpose. As an example, if the contractor completed the project in the middle of June they would be owed 45 calendar days of bonus in the amount of $157,500. This type of contract structure provides incentive for the contractor to accelerate construction by adding additional forces and/or overtime hours knowing that the bonus payment may fund the additional expense. The amount per day may be set at any amount at the discretion of the City Council. Staff recommends $3,500 per calendar day. Acceleration of the construction schedule could result in completion in June which would maximize the swim season at an additional cost ranging from $100,000 to $200,000, depending on how many days early the contractor is able to complete the project.
SUMMARY/NEXT STEPS
Upon approval of the City Council of the recommended actions, City staff will advertise the Notice Inviting Bids for the construction of Phase 1A. Opening of construction bids is scheduled in January 2024.
Additionally, the design of Phase 1B will continue.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Aquatic Center Improvement Project (Phase 1A) – Authorization to Advertise for Construction Bids
ATTACHMENT:
A. Attachment A – Site Plans (Phases 1A and 1B)
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
AQUATIC CENTER IMPROVEMENT PROJECT
PHASE 1A PHASE 1B -
CONCEPT
ATTACHMENT A
ITEM # 3
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: RESIDENTIAL ALLEY IMPROVEMENTS – AUTHORIZATION TO
ADVERTISE FOR CONSTRUCTION BIDS
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the City Council:
1) Approve the Plans and Specifications; and
2) Authorize the City Engineer to advertise for construction bids; and 3) Take such additional, related action that may be desirable.
FISCAL IMPACT
The Residential Alley Improvements Project is an approved CIP Project and is funded by the Utility Users Tax (UUT) Capital Improvement Fund in the amount of $555,000. The original project was limited to the Bartley Alley located just west of Pioneer Boulevard. At the request of the City Council, the project limit was expanded to evaluate all five of the residential alleys in the City. After further evaluation, staff is recommending that three of the five alleys be included as part of the project. Although the original project budget covers the design fee, an additional appropriation of funds will be necessary to complete the construction of the project, including the additional alleys. Staff will be recommending an appropriation of funds at the time of the Award of Contract, after actual bids are received.
The total project cost estimate is based on cost data for similar projects recently completed in the area. The total estimated project costs are as follows:
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Residential Alley Improvements – Authorization to Advertise for Construction Bids Page 2 of 3
Item Estimated Project Costs
Construction $ 1,900,000.00
Design $ 135,500.00
Engineering $ 80,000.00
Inspection $ 80,000.00
Contingency $ 175,500.00
Total Project Cost $ 2,371,000.00
BACKGROUND
At the October 25, 2022 CIP Subcommittee Meeting, the subcommittee recommended adding the Residential Alley Improvement Project to the Capital Improvement Plan (CIP).
The project included only the Bartley Alley.
At the December 6, 2022 City Council Meeting, the Residential Alley Improvement Project was approved and added to the Capital Improvement Plan. In addition, the City Council requested staff to evaluate all residential alleys. As a result of the alley evaluations, staff recommended a pavement design for three of the five residential alleys and recommended using fiber-reinforced asphalt pavement with a center concrete gutter for drainage.
On April 4, 2023, Public Works Engineering staff awarded a contract to NV5, Inc. for the design of the Residential Alley Improvement Project. NV5, Inc. prepared the project plans, specifications and engineering estimates. The Residential Alley Improvements Project encompasses the alleys shown in Site Plan in Attachment 1. The Project consists of the removal of existing asphalt concrete pavement and base material, and the placement of 3 inches of fiber-reinforced recycled asphalt concrete pavement over 4 inches of crushed miscellaneous base (CMB). The project will also include the replacement of the existing concrete gutter to improve drainage, removal and replacement of some driveways, sidewalk and curb/gutter located at the alley entry/exit points. The new paving section will support the heavy repetitive loads and increase pavement service life.
The project plans & specifications have been completed and the Public Works Department is ready to advertise for construction bids for this project, upon City Council approval. A copy of the project plans and specifications will be on file with the City Clerk.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Residential Alley Improvements – Authorization to Advertise for Construction Bids Page 3 of 3
DISCUSSION
The completion of the Residential Alley Improvement Project will renew the service life of the pavement. The project will also help reduce maintenance repair costs.
SUMMARY/NEXT STEPS
Upon approval of the City Council of the recommended actions, City staff will advertise the project. Opening of construction bids is scheduled in January 2024.
ATTACHMENT:
A. Attachment A – Site Plan
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
Telegraph Rd
Orr n Day Rd
Bartley Ave
Flossmoor Rd
Whiteland St
Terradell St
Charlesworth Rd
Pioneer Blvd
Hamden St
Jersey Ave
Danby Ave
Houghton Ave
Houghton Ave
1c 1b 1a 2a 2b 2c 3a 3b 2d Bartley Ave
RESIDENTIAL ALLEY IMPROVEMENTS
Attachment A
ALLEY 1 ALLEY 1 ALLEY 1 ALLEY 2 ALLEY 2 ALLEY 2 ALLEY 2 ALLEY 3 ALLEY 3
SITE PLAN
FOR ITEM # 4, PLEASE SEE ITEM # 14
ITEM # 5
CITY OF SANTA FE SPRINGS
PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance & Administrative Services SUBJECT: MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS
ISSUED THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC
FINANCING AUTHORITY (PFA)
DATE: November 21, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Receive and file the report.
FISCAL IMPACT
None.
BACKGROUND/DISCUSSION
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 10/31/2023 None Outstanding principal at 10/31/2023 $35,908,028
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 CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)
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.
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.
ANALYSIS
The report is presented for informational purposes only.
ENVIRONMENTAL
N/A
SUMMARY/NEXT STEPS
The Successor Agency will continue to request sufficient distributions from the RPTTF to make required bond payments through maturity on September 1, 2028.
ATTACHMENT(S):
None.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
FOR ITEM # 6, PLEASE SEE ITEM # 14
ITEM # 7
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance & Administrative Services SUBJECT: MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS
ISSUED THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY
AUTHORITY (WUA)
DATE: November 21, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Receive and file the report.
FISCAL IMPACT
None.
BACKGROUND/DISCUSSION
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 10/31/2023 None Outstanding principal at 10/31/2023 $6,890,000
Water Revenue Bonds, 2018
Financing proceeds available for appropriation at 10/31/2023 None Outstanding principal at 10/31/2023 $610,000
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA)
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 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.
ANALYSIS
The report is presented for informational purposes only.
ENVIRONMENTAL
N/A
SUMMARY/NEXT STEPS
The WUA 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.
ATTACHMENT(S):
None.
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
ITEM # 8
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., Executive Director
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: STATUS UPDATE OF WATER-RELATED CAPITAL IMPROVEMENT
PROJECTS
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the Water Utility Authority:
1) Receive and file the report; and
2) Take such additional, related action that may be desirable.
FISCAL IMPACT
N/A
BACKGROUND
This report is for informational purposes only. Below is a listing of current active water projects.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Status Update of Water-Related Capital Improvement Projects PAGE 2 OF 3
DISCUSSION
Water Utility SCADA Programming and Maintenance Update
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.
The City has received one proposal to bring in a qualified firm to assist the Water Utility Authority in meeting its normal SCADA operational and maintenance needs. Staff is recommending rejection of the single proposal and modifying the RFQ before readvertising it to ensure the City is able to select a firm that is not only well qualified, but will also be able to meet the City’s current and future needs. A firm within the Southern California region will be sought to ensure minimal downtime of any of the City’s critical infrastructure.
Water Well No. 2 Status Update
On July 20, 2021, the City Council approved awarding the contract to General Pump Company Inc. to assess Water Well No. 2. The contractor completed the initial assessment and has submitted to the City their final report, which confirmed one contaminant, and provided two scenarios for treatment. As part of the Water Utilities seven-year Capital Improvement Program to bring City-owned water wells into service, this project moves the City closer to becoming less dependent on imported water supplies.
The City has received one proposal for the engineering design of a temporary water treatment system for Water Well No. 2; Water Utility staff is proposing to award the Water Well No. 2 Treatment Engineering and Design to Hoch Consulting of Oceanside, California.
Water Well No. 12 Status Update
Drilled and constructed in August of 2012, the water produced by Water Well No. 12 has not met State and Federal drinking water standards due to various contaminants. The well has been evaluated several times over the last several years with no decision to implement treatment. With new and emerging contaminants of concern detected in water wells throughout the region, it is imperative to fully assess the current water quality produced by Water Well No. 12 to ensure a treatment system is designed to meet all Federal and State water quality requirements.
The City has received one proposal for the assessment of Water Well No. 12 and preparation of technical specifications to aid in the design of a treatment system; Water Utility staff is proposing to award the Water Well No. 12 Assessment to Best Environmental Subsurface Sampling Technologies (BESST) Inc. of San Rafael, California.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Status Update of Water-Related Capital Improvement Projects PAGE 3 OF 3
SUMMARY/NEXT STEPS
N/A
ATTACHMENTS:
None.
ITEM # 9
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., Executive Director
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: WATER WELL NO. 2 TREATMENT SYSTEM – AWARD OF CONTRACT
FOR ENGINEERING AND DESIGN SERVICES
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the Water Utility Authority:
1) Award a contract to Hoch Consulting of Oceanside, CA in an amount not-to-exceed $220,000 for engineering and design services for the Water Well No. 2 Treatment System project; and
2) Appropriate $275,000 from the Water Fund Reserves to the Water Well No. 2 Treatment Engineering and Design; and
3) Authorize the Board Chairperson to execute the agreement; and 4) Take such additional, related, action that may be desirable.
FISCAL IMPACT
Staff is requesting an appropriation $275,000 from the Water Fund Reserves to the Water Well No. 2 Treatment System project. The following is a breakdown of the estimated project costs:
ITEM BUDGET
Engineering and Design Services (Hoch Consulting) $ 220,000 Engineering / Staff Support (10%) $ 22,000
Contingency (15%) $ 33,000
Total Project Cost: $ 275,000
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 Water Well No. 2 Treatment Engineering and Design – Award of Contract
Sufficient funding is available in the Water Fund Reserves. The contract amount of $220,000 includes assessment of site conditions, pilot testing a filter media for efficacy, water sample collection and analysis, a preliminary design report, and preparing a design for the water well and treatment facilities.
BACKGROUND
Water Well No. 2 is located at 15517 Carmenita Road, Santa Fe Springs. The well was constructed in 1963 and provided approximately 1,800 Gallons per Minute (GPM) of groundwater to the City until 2006 when the United States EPA lowered the Maximum Contaminant Level (MCL) for Arsenic in drinking water. Well No. 2 was taken out of service in 2006 due to the Arsenic levels now minimally exceeding the new MCL. City staff has ceased pumping operations at Water Well No. 2 pending well rehabilitation or possible abandonment.
The Water Utility Authority Board awarded a contract to General Pump Company of San Dimas, CA for the assessment of Water Well No. 2 on July 20, 2021. The assessment showed the water well casing to be in good, serviceable condition, and found only one contaminant requiring treatment.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
With the assessment of Water Well No. 2 completed, pilot-testing, engineering, and design of a treatment system is required to meet California State Water Resources Control Board (WRCB) permitting requirements. Once these tasks are completed, the Water Utility Authority will be able go out to bid for the construction of a water treatment system. Hoch Consulting’s proposal shows experience in meeting the WRCB engineering and design permitting requirements, to help get the water well back online, and deliver safe drinking water to the residents of Santa Fe Springs.
SUMMARY/NEXT STEPS
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 Water Well No. 2 Treatment Engineering and Design – Award of Contract
ATTACHMENT:
A. Attachment A – Professional Services Agreement with Hoch Consulting, APC
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY
PROFESSIONAL SERVICES AGREEMENT
WITH
HOCH CONSULTING, APC
This Professional Services Agreement (“Agreement”) is made and effective as of November 21, 2023 (“Effective Date”), by and between the City of Santa Fe Springs Water Utility Authority, a California municipal corporation, (“Authority”) and HOCH CONSULTING, APC, a California 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 November 21, 2023 and shall remain and continue in effect until the services described herein are completed, but in no event later than September 20, 2024 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in Exhibit A, attached hereto 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. To the extent that Exhibit A is a proposal from Consultant and contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
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. AUTHORITY MANAGEMENT
The Executive Director or designee shall represent the Authority in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. Authority agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred
ATTACHMENT A
Twenty Thousand Dollars ($220,000.00) 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, unless such additional services are authorized in advance and in writing by the Executive Director or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the Authority and Consultant at the time the Authority’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 Authority 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 Authority 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 Authority 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 Authority shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the Authority disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the Authority pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the Authority determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the Authority 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 Authority with a written plan for the diligent cure of default if such default cannot be cured within seven days, the Authority 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. Consultant shall be responsible for costs incurred by the Authority due to Consultant’s failure to comply with
this section. The Authority shall also have the right to offset against the amount of any fees due to Consultant any costs incurred by the Authority as a result of Consultant’s default.
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 Authority 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 Authority or its designees at reasonable times to such books and records; shall give the Authority the right to examine and audit said books and records; shall permit the Authority 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 Authority and may be used, reused, or otherwise disposed of by the Authority without the permission of Consultant. With respect to computer files, Consultant shall make available to the Authority, at the Consultant's office and upon reasonable written request by the Authority, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
Consultant hereby grants to the Authority 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.
9. INDEMNIFICATION AND DEFENSE
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the Authority, the City of Santa Fe Springs (“City”), and any and all of their respective officials, employees, agents, and volunteers (“Indemnified Parties”), at Consultant’s sole expense, from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the Authority or the City in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any
loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to City.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and made a part of this Agreement.
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Authority 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 Authority 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 Authority. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the Authority, or bind the Authority in any manner.
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 Authority shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the Authority.
The Authority 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 Authority harmless from any and all taxes, assessments, penalties, and interest asserted against the Authority by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the Authority harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The Authority 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 Authority 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 Authority or of the City, Consultant shall indemnify, defend, and hold harmless the Authority and/or 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 Authority and/or 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 Authority or the City, including but not limited to eligibility to enroll in CalPERS as an employee of the Authority or the City and entitlement to any contribution to be paid by Authority or the 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 Authority and the City of Santa Fe Springs and their officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
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 Authority or 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 Authority or 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 Authority 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 Authority or 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 Authority's prior written authorization, unless the information is clearly public.
Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Executive Director or designee, or unless requested by the Authority’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 Authority. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the Authority notice of such court order or subpoena.
B. Consultant shall promptly notify the Authority 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 Authority, unless the Authority is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Authority of such Discovery.
The Authority 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 Authority 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 Authority and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the Authority's right to review any such response does not imply or mean the right by the Authority to control, direct, or rewrite said response, or that the Authority 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 Authority: City of Santa Fe Springs Water Utility Authority
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Public Works Director
To Consultant: HOCH Consulting, APC
804 Pier View Avenue, Suite 100
Oceanside, CA 92054
Attention: Adam Hoch, P.E., QSD, QISP
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 Authority. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the Authority with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the Authority 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 Authority for such insurance.
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 Authority 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 Authority.
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 Authority 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 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 warrant and represent that they have the authority to execute this Agreement on behalf of said parties and have 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.
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
WATER UTILITY AUTHORITY
CONSULTANT
HOCH CONSULTING, APC
Juanita Martin, Board Chairperson Name: Adam Hoch, P.E.
Title:
Date: Date:
ATTEST: CONSULTANT
Name:
Fernando Munoz,
Deputy Authority Clerk Title:
Date:
President 11/14/2023 11/14/2023 Chief Financial Officer
APPROVED AS TO FORM:
Ivy M. Tsai, Authority Attorney
Attachments: Exhibit A Services
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
EXHIBIT A
SERVICES
ATTACHMENT A
EXHIBIT B
FEE SCHEDULE
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the Authority, 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 Authority. If Consultant maintains higher limits than the minimum limits shown below, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority.
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 three (3) 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 Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, its officers, agents, employees, and volunteers.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the Authority 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 Authority’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with the Authority at all times during the term of this Agreement. The Authority reserves the right to require complete, certified copies of all required insurance policies at any time.
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, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess 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 Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The Authority’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 Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Consultant or the Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the Authority 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 Authority’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Authority, 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 Authority, 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 Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Authority 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. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that the Authority and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Authority and approved of in writing.
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 policy(ies) 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. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the Authority for review.
The Authority’s right to revise specifications. The Authority 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, Authority 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 Authority. The Authority 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 Authority.
Timely notice of claims. Consultant shall give the Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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.
ITEM # 10
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., Executive Director
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: ON-CALL SCADA PROGRAMMING AND MAINTENANCE – REJECTION
OF PROPOSALS
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the Water Utility Authority:
1) Reject the proposals received for the project; and
2) Authorize the City Engineer to re-solicit proposals for the On-call SCADA Programming and Maintenance; and
3) Take such additional, related, action that may be desirable.
FISCAL IMPACT
SCADA programming and maintenance activities are budgeted in the Water Utilities annual operating budget, with work performed on an as-needed basis. The recommended action has no fiscal impact.
BACKGROUND
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, the Aquatic Center pumps and controls, and the City’s five underpass pump stations. SCADA allows staff to remotely monitor and make changes to specific system parameters.
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 On-call SCADA Programming and Maintenance – Rejection of Proposal
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
On July 17, 2023 the Santa Fe Springs Water Utility Authority received one proposal for On-call SCADA Programming and Maintenance. After reviewing the proposal submitted, staff recommends rejection of the proposal and a new/revised solicitation of proposals.
This will enable staff the opportunity to restructure the scope of work required and proactively market the solicitation to qualified firms.
SUMMARY/NEXT STEPS
Reject the proposal received and direct staff to re-advertise for professional On-call SCADA Programming and Maintenance services.
ATTACHMENT:
None
ITEM # 11
CITY OF SANTA FE SPRINGS
WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., Executive Director
BY: James Enriquez, P.E., Director of Public Works
SUBJECT: WATER WELL NO. 12 ASSESSMENT SERVICES – AWARD OF
CONTRACT
DATE: November 21, 2023
RECOMMENDATION:
It is recommended that the Water Utility Authority:
1) Award a contract to Best Environmental Subsurface Sampling Technologies (BESST) Inc. of San Rafael, CA in the amount not-to-exceed $108,958 for Assessment of Water Well No. 12; and
2) Appropriate $141,646 from the Water Fund Reserves to the Water Well No. 12 Assessment; and
3) Authorize the Mayor to execute the agreement; and
4) Take such additional, related, action that may be desirable.
FISCAL IMPACT
Staff is requesting an appropriation $141,646 from the Water Fund Reserves to the Water Well No. 12 Assessment project. The following is a breakdown of the estimated project costs:
ITEM BUDGET
Engineering and Design Services (BESST Inc.) $ 108,958
Engineering / Staff Support (10%) $ 10,896
Contingency (20%) $ 21,792
Total Project Cost: $ 141,646
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 Water Well No. 12 Assessment Services – Award of Contract
Sufficient funding is available in the Water Fund Reserves. The contract amount of $141,646 includes services to assess the water quality pumped from Water Well No. 12 and prepare technical specifications to aid in the design of a treatment system.
BACKGROUND
Water Well No. 12 is located at 13939 Borate Street, Santa Fe Springs. Drilling and construction of Well No. 12 began on August 7, 2012, with a design discharge rate of 2,000 gpm, or 2.88 million gallons per day. In March 2016, elevated concentrations of Iron and Hydrogen Sulfide were encountered, requiring treatment to meet water quality standards. In July 2016, the City hired Civil Tech Engineering for the design of a treatment system for Water Well No. 12. After advertising the treatment system for construction two different times, the City rejected the bids received due to the cost to construct the treatment system. Water Well No. 12 has remained inactive since March of 2016.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
The first step in bringing Water Well No. 12 online is to assess the water quality pumped from the well and prepare technical specifications to aid in the design of a treatment system. Well assessment consists of, but is not limited to dynamic flow and chemistry testing and profiling, isolation zone testing and development of potential well zone sealing remedies. A well isolation zone is a specific area where a well receives its’ water from.
Instead of getting water from different depths, a specific depth is targeted and a perforated well casing is placed only at that depth of the well. If the water from a particular well isolation zone is determined to be contaminated, this area of the well can be sealed using one of several available technologies.
A new water quality assessment is required to meet California State Water Resources Control Board (WRCB) permitting requirements and to also test for new and emerging contaminants that were not previously tested for. Once an assessment is completed, the City will be able go out to bid for the design of a water treatment system or a modification to the well based on the findings of the assessment. The proposal submitted by BESST Inc shows they have the expertise and experience to profile and assess Water Well No. 12, which is necessary in getting the water well back online to deliver safe drinking water to the residents of Santa Fe Springs.
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 Water Well No. 12 Assessment Services – Award of Contract
SUMMARY/NEXT STEPS
N/A
ATTACHMENT:
A. Attachment A – Professional Services Agreement
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SANTA FE SPRINGS WATER UTILITY AUTHORITY
DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH
BESST, INC.
This Professional Services Agreement (“Agreement”) is made and effective as of November 21, 2023 (“Effective Date”), by and between the Santa Fe Springs Water Utility Authority, a California joint powers authority, ( “Authority”) and BESST, Inc., a California 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 November 21, 2023 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. To the extent that Exhibit A and contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
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. AUTHORITY MANAGEMENT
The Executive Director or designee shall represent the Authority in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. Authority agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred and Eight Thousand Nine Hundred and Fifty-Eight dollars ($108,958.00) for the
ATTACHMENT A
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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, unless such additional services are authorized in advance and in writing by the Executive Director or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the Authority and Consultant at the time the Authority’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 Authority 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. TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The Authority 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 Authority 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 Authority shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the Authority disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the Authority pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the Authority determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the Authority 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 Authority with a written plan for the diligent cure of default if such default cannot be cured within seven days, the Authority 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. Consultant shall be responsible for costs incurred by the Authority due to Consultant’s failure to comply with REV092023 Page 3 of 15 BESST, Inc.
this section. The Authority shall have the right to offset against the amount of any fees due to Consultant any costs incurred by the Authority as a result of Consultant’s default.
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 Authority 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 Authority or its designees at reasonable times to such books and records; shall give the Authority the right to examine and audit said books and records; shall permit the Authority 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 Authority and may be used, reused, or otherwise disposed of by the Authority without the permission of Consultant. With respect to computer files, Consultant shall make available to the Authority, at the Consultant's office and upon reasonable written request by the Authority, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
Consultant hereby grants to the Authority 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.
9. INDEMNIFICATION AND DEFENSE
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the Authority, the City of Santa Fe Springs, and any and all of their respective officials, employees, agents, and volunteers (“Indemnified Parties”), at Consultant’s sole expense, from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the Indemnified Parties in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or REV092023 Page 4 of 15 BESST, Inc.
arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to Authority.
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 Authority 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 Authority 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 Authority. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the Authority, or bind the Authority in any manner.
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 Authority shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the Authority.
The Authority 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 Authority harmless from any and all taxes, assessments, penalties, and interest asserted against the Authority by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the Authority harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The Authority 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 Authority any reimbursement or indemnification arising under this paragraph.
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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 Authority, Consultant shall indemnify, defend, and hold harmless the Authority 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 Authority.
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 Authority, including but not limited to eligibility to enroll in CalPERS as an employee of the Authority and entitlement to any contribution to be paid by Authority 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 Authority 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.
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 Authority 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 Authority 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 Authority to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO AUTHORITY EMPLOYEES
No member, officer, or employee of the Authority, 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.
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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 Authority's prior written authorization, unless the information is clearly public.
Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Executive Director or designee, or unless requested by the Authority’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 Authority. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the Authority notice of such court order or subpoena.
B. Consultant shall promptly notify the Authority 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 with respect to any project or property located within the Authority, unless the Authority is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Authority of such Discovery. The Authority 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 Authority 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 Authority and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the Authority's right to review any such response does not imply or mean the right by the Authority to control, direct, or rewrite said response, or that the Authority 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:
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To the Authority: Santa Fe Springs Water Utility Authority 11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Water Authority Executive Director
To Consultant: BESST Inc.
50 Tiburon Street, Suite 7
San Rafael, CA 94901
Attention: Noah Heller, M.S., P.G.
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 Authority. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the Authority with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the Authority 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 Authority for such insurance.
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 Authority 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 Authority.
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.
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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 Authority 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 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
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APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, Authority Counsel
Attachments: Exhibit A Consultant’s Proposal
Exhibit B Insurance Requirements
EXHIBIT A
CONSULTANT’S PROPOSAL
ATTACHMENT A
EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the Authority, 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 Authority. If Consultant maintains higher limits than the minimum limits shown below, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority.
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 three (3) 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 Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, its officers, agents, employees, and volunteers.
Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the Authority 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 Authority’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with the Authority at all times during the term of this Agreement. The Authority reserves the right to require complete, certified copies of all required insurance policies at any time.
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, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess 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 Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The Authority’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 Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Consultant or the Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the Authority 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 Authority’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Authority, 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 Authority, 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 Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Authority 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. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that the Authority and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Authority and approved of in writing.
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 policy(ies) 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. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the Authority for review.
The Authority’s right to revise specifications. The Authority 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, Authority 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 Authority. The Authority 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 Authority.
Timely notice of claims. Consultant shall give the Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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.
FOR ITEM # 12, PLEASE SEE ITEM # 14
FOR ITEM # 13, PLEASE SEE ITEM # 14
ITEM # 14
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Fernando N. Muñoz, CMC, Deputy City Clerk
SUBJECT: MINUTES OF THE OCTOBER 17, 2023 CITY COUNCIL MEETING DATE: November 21, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve the minutes as submitted.
FISCAL IMPACT
N/A
BACKGROUND
Staff has prepared minutes for the following meeting:
City Council Meeting of October 17, 2023.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF November 21, 2023 Minutes of the October 17, 2023 City Council Meeting Page 2 of 2
SUMMARY/NEXT STEPS
N/A
ATTACHMENT(S):
A. October 17, 2023 Meeting Minutes
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
APPROVED:
MINUTES OF THE REGULAR MEETINGS OF THE
CITY COUNCIL
October 17, 2023
CALL TO ORDER
Mayor Martin called the meeting to order at 6:00 p.m.
ROLL CALL
Members present: Councilmembers/Directors: Rodriguez, Rounds, Zamora, Mayor Pro Tem/Vice Chair Sarno, and Mayor/Chair Martin.
Members absent: None.
INVOCATION
Cindy Jarvis led the invocation.
PLEDGE OF ALLEGIANCE
Youth Leadership Advisory Committee Member, Jisel Morales led the pledge of allegiance.
INTRODUCTIONS
The following Santa Fe Springs Chamber of Commerce members were introduced:
Wendy Meador-Kunert from Tangram Interiors.
PRESENTATIONS
1. PRESENTATION FROM RIO HONDO COLLEGE TRUSTEE KRISTAL OROZCO AND SUPERINTENDENT/PRESIDENT DR. MARILYN FLORES (CITY MANAGER)
2. PRESENTATION FROM FIRE CHIEF, CHAD VAN MEETEREN ON RELAY FOR LIFE (FIRE)
3. PROCLAMATION – PROCLAIMING THE WEEK OF OCTOBER 23 – 31, 2023 AS “RED RIBBON WEEK” IN THE CITY OF SANTA FE SPRINGS (POLICE SERVICES)
4. HERITAGE PARK AUDIO TOUR (COMMUNITY SERVICES)
PUBLIC COMMENTS
The following persons spoke under public comments: Isabel Cervantes.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director of Community Services, Maricela Balderas promoted the following upcoming events: 1) Fiestas de Octubre, 2) Lantern Tours at Heritage Park, and 3) Halloween Carnival at Los Nietos Park.
Director of Planning, Wayne Morrell spoke about the following projects: 1) Chick-Fil-A, and 2) Sonic’s Drive-In.
Minutes of the October 17, 2023 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings
PUBLIC FINANCING AUTHORITY, WATER UTILITY AUTHORITY, HOUSING
SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL
OLD BUSINESS
5. APPROVAL OF REVISED HERITAGE ARTWORK IN PUBLIC PLACES PROGRAM –
ART EDUCATION GRANT GUIDELEINES RECOMMENDED BY HERITAGE ARTS
ADVISORY COMMITTEE (HAAC) (COMMUNITY SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the revised Heritage Artwork in Public Places Program – Art Education Grant Guidelines recommended by the Heritage Arts Advisory Committee.
Family & Human Services Supervisor, Ed Ramirez provided a brief presentation on Item No. 5
Mayor Pro Tem Sarno inquired about including 3D printers under the guidelines for printer supplies in the future. He also inquired about Lakeside Middle School, and was assured by staff that most of the students that will receive residency will be within the City. Mayor Martin requested that city residents be prioritized.
Manager Ramirez stated that application guidelines require a description of how 3D printers will be utilized.
It was moved by Mayor Pro Tem Sarno, seconded by Councilmember Rodriguez, to approve the revised Heritage Artwork in Public Places Program – Art Education Grant Guidelines recommended by the Heritage Arts Advisory Committee, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
Recused: None
REGULAR BUSINESS
6. AMENDMENT OF CHAPTER 34 OF THE CODE OF SANTA FE SPRINGS RELATING
TO PURCHASING (CITY ATTORNEY)
RECOMMENDATION: It is recommended that the City Council:
1) Introduce by title only and waive further reading of Ordinance No. 1133: AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 34 (FINANCE AND REVENUE) OF TITLE III OF THE CODE OF SANTA FE SPRINGS RELATING TO PURCHASING.
2) Take such additional, related, action that may be desirable.
Minutes of the October 17, 2023 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings
City Attorney, Ivy M. Tsai provided a brief presentation on Item No. 6.
It was moved by Councilmember Rounds, seconded by Mayor Pro Tem Sarno, to introduce by title only and waive further reading of Ordinance No. 1133, and take such additional, related, action that may be desirable, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
Recused: None
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion.
Such approval will also waive the reading of any ordinance.
PUBLIC FINANCING AUTHORITY
7. MINUTES OF THE SEPTEMBER 5, 2023 PUBLIC FINANCING AUTHORITY
MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.
8. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED THROUGH
THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.
WATER UTILITY AUTHORITY
9. MINUTES OF THE SEPTEMBER 5, 2023 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.
10. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED THROUGH
THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE) RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.
11. STATUS UPDATE OF WATER-RELATED CAPITAL IMPROVEMENT PROJECTS (PUBLIC WORKS)
Minutes of the October 17, 2023 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report; and
2) Take such additional, related action that may be desirable.
HOUSING SUCCESSOR
12. MINUTES OF THE SEPTEMBER 5, 2023 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.
SUCCESSOR AGENCY
13. MINUTES OF THE SEPTEMBER 5, 2023 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.
CITY COUNCIL
14. MINUTES OF THE SEPTEMBER 5, 2023 REGULAR CITY COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.
15. EMERGENCY RESPONSE VEHICLE PACKAGE (EMERGENCY RESPONSE LIGHTS
AND RADIOS) (FIRE)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the purchase of Whelen Emergency Lighting and Siren Equipment installation from 911Vehicle; and
2) Authorize 911Vehicle to install grant-purchased communication equipment; and 3) Authorize purchasing and installing Santa Fe Springs Department of Fire-Rescue graphics and emergency reflective tape from 911Vehicle.
Minutes of the October 17, 2023 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings
16. PURCHASE REPLACEMENT SELF CONTAINED BREATHING APPARATUS (SCBA), PACK/CYLINDER; NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
REQUIRED (FIRE)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the purchase of a replacement Self Contained Breathing Apparatus (SCBA) pack/cylinder from Curtis Fire Equipment; and
2) Take such additional, related, action that may be desirable.
17. FIRE STATION APPARATUS BAY DOORS REPLACEMENT – AWARD OF
CONTRACT (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Accept the bids; and
2) Award a contract to GMAT, Inc. dba: Inland Overhead Door Co. of Colton, California in the amount of $209,000.00; and
3) Take such additional, related, action that may be desirable.
18. CLARKE ESTATE PARKING LOT PAVING IMPROVEMENTS – AUTHORIZATION TO
ADVERTISE (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve adding the Clarke Estate Parking Lot Paving Improvements project to the Capital Improvement Plan; and
2) Appropriate $300,000 from the Utility Users Tax (UUT) Capital Improvement Plan Fund to the Clarke Estate Parking Lot Paving Improvements Project; and 3) Approve the Plans & Specifications; and
4) Authorize the City Engineer to advertise for construction bids; and 5) Take such additional, related, action that may be desirable.
19. 2024 5K FUN RUN/WALK TRAFFIC CONTROL PLANS – REQUEST FOR APPROVAL (COMMUNITY SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the traffic control plans prepared for the closure of various City streets in the area bordered by Orr and Day Road, Pioneer Boulevard, Florence Avenue and Minutes of the October 17, 2023 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings
Telegraph Road for the detouring of traffic for the 2024 5K Fun Run/Walk route on Saturday, March 9, 2024.
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
Recused: None
APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS
None.
COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Councilmember Rodriguez thanked staff for cleaning up the Community Garden. She also highlighted the Walk to School and Fire Department Open House evens. Lastly, she thanked Library Services staff for the reptile show.
Councilmember Rounds looked forward to all the upcoming events for the remainder of the year.
Councilmember Zamora commended employee Julian Jackson on his presentation. He asked for prayers for Israel and Palestine, and thanked those serving in the armed forces.
Mayor Pro Tem Sarno thanked all those involved with Relay for Life.
Mayor Martin promoted the Women’s Club Holiday Boutique event on November 3. She spoke about the great offerings brought forward by staff, and invited residents to the Red Ribbon Parade and wished them a Happy Halloween.
ADJOURNMENT TO NOVEMBER 7, 2023
Mayor Martin adjourned the meeting at 7:00 p.m. in memory of Whittier Union High School District Trustee, Ralph Pacheco and Nathan Garrison.
_____________________
Juanita Martin
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
Deputy City Clerk
ITEM # 15
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Dino Torres, Director of Police Services
SUBJECT: AUTHORIZE THE FIVE-YEAR LEASE OF STATIONARY AUTOMATED
LICENSE PLATE READER (ALPR) CAMERAS
DATE: November 21, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize the Director of Police Services to enter into a five-year lease agreement, in a final form approved by the City Attorney’s office, with Flock Group Inc. for thirty Automated License Plate Readers (ALPR) in an amount not to exceed $75,000 on a yearly basis for a total amount of $375,000 over 5 years.
FISCAL IMPACT
The lease amount for this equipment was included in the FY 2023-24 budget adopted by the City Council in June of 2023. Appropriations will be necessary on a yearly basis for the duration of the agreement and will be included as part of the annual Police Services budget.
BACKGROUND
On December 7, 2021 the City Council approved a one-year lease agreement with Flock Group, Inc. for the deployment of twenty stationary Automated License Plate Readers (ALPRs) throughout the City. On January 24, 2023, the City Council approved the deployment of an additional ten ALPR cameras to the existing footprint for a combined total of thirty ALPR cameras. At this time, Flock Group, Inc. has offered the City a fiveyear lease agreement that locks in the existing yearly per camera rate of $2,500 for the duration of the contract. The offer is contingent upon a signed agreement prior to the end of 2023. Outside of the five-year window, and after January 1, 2024, the camera yearly lease rate will increase to $3,000, and thus bring our existing commitment to $90,000 per year.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Authorize the Five-Year Lease of Stationary Automated License Plate Reader Cameras (ALPR)
ANALYSIS
Auto theft not only deprives owners of the use of their vehicles but also provides criminals with a means to commit more crimes in a vehicle not belonging to them. For this reason, gang-related crimes are often committed with the use of stolen automobiles. Focusing proactive enforcement efforts on auto-theft often uncovers other criminal activity and prevents other serious crimes. ALPR cameras scan license plates on vehicles, compare the plate information to state stolen and wanted vehicles databases, and when a match is made, a photo of the vehicle and the location is transmitted to police car computers and the dispatch center. The City’s investment in this crime fighting technology has helped improve efficiency, officer and community safety, lead to the apprehension of numerous theft and fraud suspects, and recovered stolen property, weapons and drugs.
ENVIRONMENTAL
None.
SUMMARY/NEXT STEPS
If approved, the Director of Police Services will execute a five-year lease agreement with Flock Group, Inc. at a locked rate of $75,000 per year for thirty ALPR cameras ($2,500 per camera).
ATTACHMENT(S):
A. Attachment A – Flock Group Inc. Service Agreement
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
Flock Safety + CA - City of Santa Fe
Springs
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:
Libby Landers
[email protected]
404-777-4113
ATTACHMENT A
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system *According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
200
0+
120 1B+ <60
%*
communities with
private- public
partnerships
incident alerts /
minute
1B+ vehicles detected /
month
<60% local crime
reduction in Flock
cities
Out-of-Box Software
Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to
filter hours of footage in seconds based on time,
location, and
detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks.
Users can also receive alerts from several external LPR databases:
California
SVS FDLE
FL Expired
Licenses FL
Expired Tags
FL Sanctioned
Drivers FL Sex
Offenders Georgia
DOR
IL SOS
Illinois
Leads
NCIC
NCMEC Amber
Alert REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a
birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features
(Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize
changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts.
Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act
confidently and drive better outcomes. When you create
a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical information you need to do your job by eliminating the
need for password resets and steps in the log-in process.
License Plate
Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*
*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR
camera designed for permanent
placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock
OS platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and
ongoing maintenance
Location-flexible LPR camera
designed for fast, easy selfinstallation, which is ideal for your ever-changing investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service +
software licenses
√ 1 portable mount with varyingsized band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and
Vehicle Fingerprint data for
increasing investigative leads on highvolume roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective
poly case
√ AC Power
√ Permitting, installation, and
ongoing maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the
platform, while our customer support team will assist
with needs as they arise.
Maintenance We proactively monitor the health of your device network.
If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon
Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Hardware and Software Products
Annual recurring amounts over subscription term
Customer: CA - City of Santa Fe Springs Initial Term: 60 Months Legal Entity Name: CA - City of Santa Fe Springs Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 11710 Telegraph Rd Santa Fe Springs, California 90670
Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Item Cost Quanti
ty
Total
Flock Safety Platform $75,000.
00 Flock Safety Flock OS
FlockOS
™
Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 30 Included
Professional Services and One Time Purchases
Item Cost Quanti
ty
Total
One Time Fees
Subtotal Year 1: $75,000.00
Annual Recurring
Subtotal:
$75,000.00
Discounts: $75,000.00
Estimated Tax: $0.00
Contract Total: $375,000.00
Billing Schedule
*Tax not included
Discounts
Billing Schedule Amount
(USD)
Year 1
At Contract Signing $75,000.00
Annual Recurring after Year 1 $75,000.00
Contract Total $375,000.00
Discounts Applied Amount
(USD)
Flock Safety Platform $75,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Product and Services Description
FlockOS Features & Description
Package: Essentials
Flock Safety Platform
Items
Product
Description
Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service
Description
Installation on
existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation
Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you.
Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - City of Santa Fe Springs By: By:
Name: Mark Smith Name: Dino Torres
Title: Title:
Date: Date:
PO Number:
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 31 day of October 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
1. “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
2. “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
3. “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
5. “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
6. “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
7. “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
8. “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
9. “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
10. “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
11. “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
12. “Installation Services” means the services provided by Flock for installation of Flock Services.
13. “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
14. “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
15. “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
1. Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2. Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
3. Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
4. Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within thisAgreement.
5. Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
6. Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
7. Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
1. Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
2. Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
1. Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
2. Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
3. Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
1. Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
2. Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
3. Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
1. Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
2. Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
3. Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
4. Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
1. Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
2. Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
3. Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
1. Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
2. Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https:// www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
3. Warranty. Flock shall use reasonable efforts consistent with prevailing industry standardsto maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
4. Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY
APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
5. Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
6. Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
1. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/
OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
2. Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
3. Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.
10. INSTALLATION SERVICES AND OBLIGATIONS
1. Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
2. Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
3. Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/ reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
4. Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, orshall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
5. Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
1. Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
2. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
3. Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
4. Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
5. Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
6. Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from thisAgreement.
7. Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
8. Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.
9. Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
10. Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of thisAgreement.
11. Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
12. Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
13. Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
14. Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.
15. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
16. Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected] Customer
NOTICES ADDRESS:
AD
DR
ATT
N:
EM
AIL
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
ITEM # 16
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance and Administrative Services and Debbie Ford, Human Resources Manager
SUBJECT: APPROVAL OF SIDE LETTERS FOR VACATION MAXIMUM ACCRUAL
INCREASE AND VACATION CASH OUT INCREASE FOR THE SANTA
FE SPRINGS EMPLOYEES ASSOCIATION, THE SANTA FE SPRINGS
FIREFIGHTERS ASSOCIATION AND THE EXECUTIVE, MANAGEMENT
AND CONFIDENTIAL ASSOCIATION
DATE: November 21, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve Side Letter #3 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2025 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Employees Association. 2) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Firefighters Association. 3) Approve Side Letter #1 (Vacation Maximum Accrual Increase and Vacation Cash Out) to the 2021-2024 Agreement between the City of Santa Fe Springs and the Santa Fe Executive, Management and Confidential Association.
FISCAL IMPACT
The total fiscal impact of the increase to the vacation cash out is estimated between $108,000 to $221,000 for the first year.
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Approval of Side Letters for Vacation Maximum Accrual Increase and Vacation Cash Out Increase for the Santa Fe Springs Employees Association, the Santa Fe Springs Firefighters Association and the Executive, Management and Confidential Association
BACKGROUND
Due to the COVID-19 pandemic, the County and the State placed lockdowns, travel restrictions/regulations and a variety of quarantine measures. Consequently, employees were unable to take vacations as they normally would. Additionally, the fear of contracting the virus discouraged many from traveling, leading to significant accumulation of unused vacation time. As a result, many employees have reached the City’s maximum vacation cap of 240 hours.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
City staff had discussions with the three bargaining groups to discuss how to address the issue of the vacation cap. At this time, staff recommends the following - Increasing the vacation maximum accrual from 240 hours to 320 hours (except for suppression staff) and increasing the vacation cash out for all bargaining groups up to 100 hours. An employee must retain a minimum balance of 40 hours in their vacation bank at the time of cash-out.
SUMMARY/NEXT STEPS
Staff recommends that the City Council approve the three side letters.
Upon approval, staff will attach the side letters to the current MOU’s and agreements.
ATTACHMENT(S):
A. Attachment A – SFSEA Side Letter #3
B. Attachment B – SFSFFA Side Letter #1
C. Attachment C – EMC Side Letter #1
CITY COUNCIL AGENDA REPORT – MEETING OF NOVEMBER 21, 2023 Approval of Side Letters for Vacation Maximum Accrual Increase and Vacation Cash Out Increase for the Santa Fe Springs Employees Association, the Santa Fe Springs Firefighters Association and the Executive, Management and Confidential Association
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
SIDE LETTER #3 TO THE 2021-2025
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA FE SPRINGS AND
THE SANTA FE SPRINGS EMPLOYEES ASSOCIATION
VACATION MAXIMUM ACCRUAL INCREASE AND
VACATION CASH OUT INCREASE
This document shall serve as Side Letter No. 3 modifying the 2021-2025 Memorandum of Understanding between the City of Santa Fe Springs (“City”) and the Santa Fe Springs Employees Association (“Association”), in the following manner:
The following revisions shall be made:
Article
No.
Subject Existing MOU Changes to MOU
VII Section 11.
Vacation
Vacation Maximum Accrual
General employees may
accumulate 240 vacation hours in
their vacation bank. Once this
balance has been reached, the
Department of Finance and
Administrative Services will
advise the employee that they
must take the vacation and
reduce their balance. Employees
whose vacation balance exceeds
the maximum accrual will be
given the opportunity to
work with their
supervisor/department head on a
balance reduction plan.
Employees who
have extenuating circumstances
and request the maximum
accrual be temporarily lifted
due to an anticipated parenthood
leave, extended worker’s
compensation leave or similar
situation will notify their
supervisor and Human Resources
of their special circumstance
and be granted a temporary
reprieve from vacation accrual
enforcement.
Vacation Maximum Accrual
General employees may accumulate 320
vacation hours in their vacation bank.
Vacation hours shall not be accrued in
excess of the vacation maximum accrual.
Once this balance has been reached, the
Department of Finance and
Administrative Services will
advise the employee that they must take
the vacation and reduce their balance.
ATTACHMENT A
Vacation Cash-Out
An employee may cash-out
vacation leave hours once per
fiscal year, at straight time rates,
a maximum of 12 hours per
member and any hours above the
240 hour cap. The cash out
must be designated in writing by
December of the prior calendar
year and is irrevocable
after being designated.
Vacation Cash-Out
An employee may cash-out vacation
leave hours once per fiscal year, at
straight time rates, a maximum of up to
100 hours per member. An employee
must retain a minimum balance of 40
hours in their vacation bank at the time
of cash-out. Employee must make an
irrevocable election by December of the
prior calendar year.
This Side Letter Agreement is entered into this 21
st day of November 2023.
_______________________________ ___________________________ Juanita Martin, Mayor Richard C. Brown, President
City of Santa Fe Springs SFS Employees Association
SIDE LETTER #1 TO THE 2021-2024
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA FE SPRINGS AND
THE SANTA FE SPRINGS FIREFIGHTERS ASSOCIATION
VACATION MAXIMUM ACCRUAL INCREASE AND
VACATION CASH OUT INCREASE
This document shall serve as Side Letter No. 1 modifying the 2021-2024 Memorandum of Understanding between the City of Santa Fe Springs (“City”) and the Santa Fe Springs Firefighters Association (“Association”), in the following manner:
The following revisions shall be made:
Article
No.
Subject Existing MOU Changes to MOU
VII Section 10.
Vacation
Vacation Maximum Accrual
Non-suppression employees may
accumulate 240 vacation hours
and suppression 15 shifts or 360
hours in their vacation bank.
Once this balance has been
reached, the Department of
Finance and Administrative
Services will advise the employee
that they must take the vacation
and reduce their balance.
Employees whose vacation
balance exceeds the maximum
accrual will be given the
opportunity to work with their
supervisor/department head on a
balance reduction plan.
Employees who have extenuating
circumstances and request the
maximum accrual be temporarily
lifted due to an anticipated
parenthood leave, extended
worker’s compensation leave or
similar situation will notify their
supervisor and Human Resources
of their special circumstance and
be granted a temporary reprieve
from vacation accrual
Vacation Maximum Accrual
Non-suppression employees may
accumulate 320 vacation hours in their
vacation bank. Vacation hours shall not
be accrued in excess of the vacation
maximum accrual. Once this balance has
been reached, the Department of
Finance and Administrative Services will
advise the employee that they must take
the vacation and reduce their balance.
ATTACHMENT B
enforcement.
Vacation Cash-Out
An employee may cash-out
vacation leave hours once per
fiscal year at straight time rates,
a maximum of 12 hours for nonsuppression employees, and any hours above the 240 hours for
non-suppression and 720 hour
cap for suppression employees.
The cash-out must be designated
in writing by December of the
prior calendar year and is
irrevocable after being
designated.
Vacation Cash-Out
Suppression and non-suppression
employees may cash-out vacation leave
hours once per fiscal year, at straight
time rates, a maximum of up to 100
hours per member. An employee must
retain a minimum balance of 40 hours in
their vacation bank at the time of cashout. Employee must make an irrevocable election by December of the prior
calendar year.
This Side Letter Agreement is entered into this 21
st day of November 2023.
_______________________________ ___________________________ Juanita Martin, Mayor Kurt Buckwalter, President
City of Santa Fe Springs SFS Firefighters Association
SIDE LETTER #1 TO THE 2021-2024
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA FE SPRINGS AND
THE SANTA FE SPRINGS EXECUTIVE, MANAGEMENT AND CONFIDENTIAL
EMPLOYEES ASSOCIATION
VACATION MAXIMUM ACCRUAL INCREASE AND
VACATION CASH OUT INCREASE
This document shall serve as Side Letter No. 1 modifying the 2021-2024 Labor Agreement between the City of Santa Fe Springs (“City”) and the Santa Fe Springs Executive, Management and Confidential (“Association”), in the following manner:
The following revisions shall be made:
Article
No.
Subject Existing Labor Agreement Changes to Labor Agreement
1. Vacation Vacation Maximum Accrual
Employees may accumulate 240
vacation hours in their vacation
bank.
Vacation Cash-Out
An employee may cash-out
vacation leave hours once per
fiscal year, at straight time rates,
a maximum of 80 hours
(Executive), (48) hours
(Management), 20 hours
(Confidential) The cash out
must be designated in writing by
December of the prior calendar
year and is irrevocable
after being designated.
Vacation Maximum Accrual
Employees may accumulate 320
vacation hours in their vacation bank.
Vacation hours shall not be accrued in
excess of the vacation maximum accrual.
Vacation Cash-Out
An employee may cash-out vacation
leave hours once per fiscal year, at
straight time rates, a maximum of up to
100 hours per member. An employee
must retain a minimum balance of 40
hours in their vacation bank at the time
of cash-out. Employee must make an
irrevocable election by December of the
prior calendar year.
This Side Letter Agreement is entered into this 21
st day of November 2023.
_______________________________ ___________________________ Juanita Martin, Mayor Wayne Morrell, President
City of Santa Fe Springs SFS Employees Association
ATTACHMENT C