Agenda packet, first session — Santa Fe Springs City Council, June 17, 2025 (part 2 of 3)

ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
reconstruction as needed. The requirement for a street maintenance district component was a condition of approval for the initial development. Staff inspects the condition of the streets regularly to determine when improvements are needed. According to the City’s Pavement Assessment from 2021, the existing status of the street is in “Good to Fair” condition. Hawkins Street and Palm Drive were last slurry sealed in December 2017.

At their meeting of April 1, 2025, the City Council approved Resolution No. 9949 ordering the preparation of the Engineer’s Report for Fiscal Year 2025/26.

ANALYSIS
A copy of the Engineer’s Report for the Assessment District No. 2001-1 (Attachment A) is attached for City Council review and approval. Resolution No. 9959 (Attachment B) approves the Annual Engineer’s Report.

Resolution No. 9960 (Attachment C) declares the City’s Intention to Levy Annual Assessments in the Heritage Springs Assessment District and sets the public hearing date for July 1, 2025, at 6:00 p.m.

ENVIRONMENTAL
Not applicable.

DISCUSSION
None

SUMMARY/NEXT STEPS
Upon approval by the City Council of the recommended actions, City staff will work with the City’s consultant to complete the annual assessment district update process and file with the County Assessor for inclusion in the Tax Roll, pending the outcome of the public hearing.

ATTACHMENTS:

A. Engineer’s Report
B. Resolution No. 9959
C. Resolution No. 9960
D. Boundary Map

CITY OF SANTA FE SPRINGS
ENGINEER’S REPORT

HERITAGE SPRINGS ASSESSMENT
DISTRICT NO. 2001-1
FISCAL YEAR 2025-26

LOS ANGELES COUNTY, CALIFORNIA
June 3, 2025

PREPARED BY
101 Progress, Suite 250
Irvine, CA 92618
www.weareharris.com
Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26

TABLE OF CONTENTS
Engineer’s Certification .................................................................................................. i Part I – Description of Improvements ........................................................................... 1 Part II – Cost Estimate ................................................................................................... 2 Part III – Assessment Roll .............................................................................................. 3 Part IV – Method of Apportionment............................................................................. 4 Appendix A – Assessment Diagram .............................................................................. 5 Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26
i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF SANTA FE SPRINGS
PROJECT: HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-1 TO: THE CITY COUNCIL OF THE

CITY OF SANTA FE SPRINGS

STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2025–26
WHEREAS, the City of Santa Fe Springs, County of Los Angeles, State of California, pursuant to the provisions of the Section 10100.8 Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code (the "Act”) intends to undertake proceedings for the annual levy of special assessments in and for the City’s Heritage Springs Assessment District No. 2001-1 (the “District”); NOW THEREFORE, the undersigned Engineer of Work hereby submit herewith the "Report" consisting of four (4) parts as follows:

HERITAGE SPRINGS ASSESSMENT DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:

PART I
Description of Improvements: A description of the maintenance activities to be performed

PART II
Cost Estimate: An estimate of the maintenance costs to be paid from the District.

PART III
Assessment Roll: The assessment by parcel.

PART IV
Method of Assessments: The way the assessment is apportioned.

Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26
ii
Appendix
Appendix A – Assessment Diagram
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.

DATED: June 3, 2025
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
State of California
Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26

1 PART I – DESCRIPTION OF IMPROVEMENTS
The assessments in the District shall be levied for the maintenance of improvements as follows, and shall include all incidental expenses, including administration, legal, establishment of reserves, collection and contracting.

The improvements proposed to be maintained may be generally described as Hawkins Street, east of Norwalk Boulevard, and Palm Drive, south of Hawkins Street. The maintenance of such improvements is proposed to consist of the continued maintenance and operation of such improvements, including the maintenance of pavement and appurtenant facilities that are located in and along such streets, including but not limited to, personnel, electrical energy, utilities, materials, contracting services, and other items necessary for the satisfactory maintenance of these improvements described as follows:

Pavement and Appurtenant Facilities
Pavement and appurtenant facilities, in public street and rights-of-way, within the boundary of said District.

Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance, repair and servicing of the above described roadways and appurtenant improvements, including repair, slurry sealing, chip sealing, removal or replacement of all or part of any of the streets or appurtenant improvements, and the administration of all aspects of the maintenance and the District.

Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26

2 PART II – COST ESTIMATE
The estimated amount to be paid annually into the maintenance program fund for the streets as described in Part I of this Report is as follows:

Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26

3 PART III – ASSESSMENT ROLL
In addition to the maintenance assessment discussed in Part I and Part II (highlighted in the table below), the parcels within the District are also subject to paying debt service on limited obligation improvement bonds issued in 2001. The total proposed assessment for Fiscal Year 2025-26 and the amount of the total proposed assessment apportioned to each lot or parcel within the District is a combination of the maintenance assessment and debt service, as shown on the latest assessment roll at the Los Angeles County Assessor's Office, are shown below.

The description of each lot or parcel is part of the County assessment roll and this roll is, by reference, made part of this Report.

Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26

4 PART IV - METHOD OF APPORTIONMENT
The assessments are apportioned according to the special benefits received by the parcels of land within the Assessment District in accordance with the apportionment of costs at the time of formation. The assessment is necessary to maintain the level of special benefit from the construction of the improvements funded by the District. The proportionate special benefit derived by each parcel is determined in relationship to the entirety of the maintenance cost of the improvements. No assessment has been apportioned on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Only special benefits may be assessed and any general benefits shall be separated from the special benefits for purposes of this Report. Based on the nature of the improvements to be funded herein, there are no general benefits.

Under this Report, the assessment for the District are apportioned in accordance with the foregoing and using the following criteria:

The net acreage of each parcel of land is determined by excluding acreage which will not have direct access to the improvements from Hawkins Street or Palm Drive, and by excluding acreage to be dedicated as roadway, road rights-of-way, or sidewalk easement. Special benefit is determined based on the net acreage of each parcel relative to the total net acreage (the “Benefit Percentage”).

The annual maintenance assessment for Fiscal Year 2025-26, as shown in Part II of this Report, is apportioned on a percentage basis using the Benefit Percentages, as shown below:

Based on the preceding, Assessment No. 10 is not assessed because it does not have direct access to either Hawkins Street or Palm Drive and is a storm drain easement, therefore the Benefit Percentage is zero.

Engineer’s Report
Heritage Springs Assessment District No. 2001-1
City of Santa Fe Springs
Fiscal Year 2025-26
5 APPENDIX A – ASSESSMENT DIAGRAM
A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District, entitled “Assessment Diagram, Heritage Springs Assessment District No. 2001-1”, is on file in the office of the City Clerk of the City of Santa Fe Springs, and is incorporated herein by reference.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for Fiscal Year 2025-26. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

APPROVED:

ITEM NO.:

RESOLUTION NO. 9959

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR ANNUAL LEVY OF ASSESSMENTS FOR THE HERITAGE SPRINGS ASSESSMENT DISTRICT 2001-1 FOR FISCAL YEAR 2025/2026
WHEREAS, this Council has conducted proceedings under and pursuant to the Municipal Improvement Act of 1913, Division 12, California Streets and Highways Code (the “Act”) and Resolution Ordering the Assessment District Formation No. 6642, adopted June 28, 2001 (the “Resolution of Formation”), to form the Heritage Springs Assessment District 2001-1 (“Assessment District”), to authorize the levy of special assessment upon the lands within the Assessment District, to acquire and construct public streets and other improvements, all as described therein; and
WHEREAS, the CITY COUNCIL of the CITY OF SANTA FE SPRINGS, CALIFORNIA, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's “Report” for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what Is now known and designated as

CITY OF SANTA FE SPRINGS
Heritage Springs Assessment District 2001-1
WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 12 of the Streets and Highways Code and as previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the “Report” as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said “Report.”
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the “Report” as presented, consisting of the following:

A. Estimate of costs;
B. Diagram of the District;
C. Assessment of the estimated cost
Is hereby approved; and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

ATTACHMENT B

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SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's “Report.”
APPROVED and ADOPTED this 17TH day of June 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF SANTA FE SPRINGS
______________________________
William K. Rounds, Mayor
ATTEST:
__________________________________
Fernando Muñoz, City Clerk
APPROVED:

ITEM NO.:

RESOLUTION NO. 9960

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY

AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 12 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING

A TIME AND PLACE FOR PUBLIC HEARING THEREON
WHEREAS, this Council has conducted proceedings under and pursuant to the Municipal Improvement Act of 1913, Division 12, California Streets and Highways Code to form the Heritage Springs Assessment District 2001-1 (“Assessment District”), in what is known and designated as:

CITY OF SANTA FE SPRINGS
Heritage Springs Assessment District 2001-1
WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said Assessment District; and,
WHEREAS, at this time there has been presented and approved by this City Council, the Engineer’s “Report” as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said Assessment District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the “Report” of the Engineer, incorporated herein as a part hereof.

ATTACHMENT C

Page 2 of 4 ends

REPORT
SECTION 3. That the “Report” of the Engineer regarding the annual levy for said District, which “Report” is for maintenance for the Fiscal Year 2025/2026 is hereby approved and is directed to be filed in the Office of the City Clerk.

SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the Assessment District as set forth and described in said Engineer’s “Report,” and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said “Report.”

DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the maintenance of certain improvements, as set forth in the Engineer’s “Report,” referenced and so incorporated herein.

COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said Assessment District.

SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund known as

SPECIAL FUND

CITY OF SANTA FE SPRINGS
Heritage Springs Assessment District 2001-1
Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution.

Page 3 of 4 ends

BOUNDARIES OF THE DISTRICT
SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the Assessment District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said Assessment District, shall include each and every parcel of land within the boundaries of said Assessment District, as said Assessment District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and designated by the name of the Assessment District.

PUBLIC HEARING
SECTION 9. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 1
st DAY OF JULY,
2025, AT THE HOUR OF 6:00 O’CLOCK P.M., IN THE REGULAR

MEETING OF THE CITY COUNCIL, BEING THE COUNCIL

CHAMBERS, IS THE TIME AND PLACE FIXED BY THIS CITY

COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN

REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE

EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS

CONTAINED IN THIS RESOLUTION, ANY PERSONS WHO WISH TO

OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD

FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 10. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution. Said publication shall be not less than ten (10) days before the date for said Public Hearing.

EFFECTIVE DATE
SECTION 11. That this Resolution shall take effect immediately upon its adoption.

Page 4 of 4 ends

PROCEEDINGS INQUIRIES
SECTION 12. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

James Enriquez
City Engineer

CITY OF SANTA FE SPRINGS
11710 Telegraph Road
Santa Fe Springs, CA 90670
(562) 868-0511
APPROVED and ADOPTED this 17TH day of June 2025.
______________________________
William K. Rounds, Mayor
ATTEST:
__________________________________
Fernando Muñoz, City Clerk

ITEM # 23

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 / City Engineer SUBJECT: SANTA FE SPRINGS LIGHTING DISTRICT NO. 1 – ADOPTION OF RESOLUTION NO. 9961 AND RESOLUTION NO. 9962
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Resolution No. 9961, approving the Engineer’s Report (Fiscal Year 2025/26) in conjunction with the annual levy of assessments for Street Lighting District No. 1; and 2) Adopt Resolution No. 9962, declaring the City of Santa Fe Springs’ intention to provide for an annual levy and collection of assessments for Lighting District No. 1, and setting the public hearing for the Council meeting on July 1, 2025, at 6:00 p.m.; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The recommended resolutions would conditionally approve, pending the public hearing and final City Council authorization thereafter, the continued levying of assessments in Fiscal Year 2025/26 for Santa Fe Springs Lighting District No. 1 (District). The Engineer’s Report (Attachment A) describes the method of apportionment and presents a proposed budget for Fiscal Year 2025/26. As noted on Page 15 of the Engineer’s Report, the estimated total direct and administrative costs for providing street lights throughout the city is $915,700, including $274,710 for lights outside of the District and $640,990 within the District. There is effectively no increase recommended in the total levy amount which totals $193,970. Therefore, the General Fund subsidy for this year will be $447,020.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Santa Fe Springs Lighting District No. 1 – Adoption of Resolution No. 9961 and Resolution No. 9962

Page 2 of 3 ends

BACKGROUND
The Santa Fe Springs Lighting District No. 1 was formed May 26, 1982, under the provisions of the Landscaping and Lighting Act of 1972. The District does not include any residential properties or any properties with a residential land code. A map of the boundaries of the District is shown in the Boundary Map (Attachment D).

After the initial formation of the district, it is necessary for the City to annually update the Lighting District assessment. This allows the City to continue levying annual assessments on the properties located within the Lighting District. The required documents to satisfy the legal requirements are outlined in Chapter 3 of the Landscaping and Lighting Act of 1972 as contained in the Streets and Highways Code.

The Council, at their meeting of April 1, 2025, approved Resolution No. 9948 ordering the preparation of the Engineer’s Report according to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California.

ANALYSIS
A copy of the Annual Engineer’s Report for the City of Santa Fe Springs Lighting District No. 1 (Attachment A) is attached for City Council review and approval. The Engineer’s Report satisfies the legal requirements described previously. In summary, the Engineer’s Report addresses compliance with the state law, describes the method of apportionment, and presents a proposed budget for Fiscal Year 2025/26. Resolution No. 9961 (Attachment B) approves the Annual Engineer’s Report.

Resolution No. 9962 (Attachment C) declares the City’s Intention to Levy Annual Assessments in the Heritage Springs Assessment District and sets the public hearing date for July 1, 2025, at 6:00 p.m.

ENVIRONMENTAL
Not applicable.

DISCUSSION
The annual assessment rate for the District has not been increased since the fiscal year 1992/1993, although the costs of providing the improvements that benefit the properties within the District continue to rise. In 2004, the City conducted an election to try to increase the annual assessment rate. However, a majority protest existed and the proposed assessment increase was not imposed. While there is no assessment increase this year, the need to consider an adjustment should be evaluated.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Santa Fe Springs Lighting District No. 1 – Adoption of Resolution No. 9961 and Resolution No. 9962

Page 3 of 3 ends

ATTACHMENTS:

A. Engineer’s Report
B. Resolution No. 9961
C. Resolution No. 9962
D. Boundary Map
ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐

City of Santa Fe Springs

Lighting District No. 1

2025/2026 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: June 3, 2025
Public Hearing: July 1, 2025
27368 Via Industria
Suite 200
Temecula, California 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:

Santa Fe Springs Lighting District No. 1
City of Santa Fe Springs
Los Angeles County, State of California
This Report identifies the parcels within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Santa Fe Springs
By: ________________________________
Chonney Gano, Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C81888
Table of Contents
I. OVERVIEW .......................................................................................................... 1 A. INTRODUCTION.................................................................................................. 1 B. COMPLIANCE WITH THE CURRENT LEGISLATION........................................ 2 II. DESCRIPTION OF THE DISTRICT AND SERVICES.......................................... 4 A. BOUNDARIES OF THE DISTRICT...................................................................... 4 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT......................................... 4 C. IMPROVEMENTS, PLANS AND SPECIFICATIONS........................................... 5 III. METHOD OF APPORTIONMENT........................................................................ 8 A. GENERAL............................................................................................................ 8 B. BENEFIT ANALYSIS........................................................................................... 8 Special Benefits.................................................................................................. 8 General Benefit................................................................................................... 9 C. ASSESSMENT METHODOLOGY ..................................................................... 10 Benefit Assessment Unit ................................................................................. 10 Special Use Codes ........................................................................................... 12 Streets Without Lights ..................................................................................... 12 D. BENEFIT FORMULA ......................................................................................... 13 IV. DISTRICT BUDGET........................................................................................... 15 EXHIBIT A – DISTRICT ASSESSMENT DIAGRAM .................................................... 16 EXHIBIT B – 2025/2026 ASSESSMENT COLLECTION ROLL ................................... 17 2025/2026 Santa Fe Springs Lighting District No. 1 Page 1 I. OVERVIEW
A. INTRODUCTION
The City of Santa Fe Springs (hereafter referred to as “City”) annually levies and collects special assessments in order to provide and maintain the improvements within the Santa Fe Springs Lighting District No. 1 (hereafter referred to as “District”). The District was formed on May 26, 1982 and is annually levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereafter referred to as the “1972 Act”). The annual assessments levied on parcels within the District are based on the special benefits received, and partially fund the costs associated with the installation, maintenance, operation and administration of the public streetlight system within the District.

This Engineer's Report (hereafter referred to as the “Report”) has been prepared pursuant to the order of the City Council as required by the provisions Chapter 3, of the 1972 Act (commencing with Section 22620), which outlines the procedures for the annual levy of assessments. This Report provides an update of the District including the proposed expenses and revenues, any substantial change in the improvements or the District, and the proposed assessments to be levied on the County of Los Angeles (the “County”) tax roll for Fiscal Year 2025/2026 and has been prepared pursuant to the requirements of Article 4, Chapter 1, of the 1972 Act (inclusive of Sections 22565 through 22574). In addition to the provisions of the 1972 Act, it has been determined that the existing annual assessments for this District have been previously levied in accordance with the provisions of the California Constitution Article XIIID which was enacted as a result of the passage of Proposition 218, approved by the California voters in November 1996.

The annual assessment rate for the District has not increased since Fiscal Year 1992/1993, although the costs of providing the improvements that benefit the properties within the District have continued to rise. Initially, the rising costs to provide streetlights within the District were offset by the District fund balance and an assessment increase was not necessary. Eventually the District fund balance was exhausted and the City began making increasingly greater contributions each year to the District expenses, not only to cover the general benefit portion of the costs, but also to subsidize the special benefit costs not recovered by the annual assessments.

In 2004, the City performed an extensive review of the District including the boundaries of the District, the properties therein, the special benefit properties received from the improvements, the general benefit the improvements may provide to properties outside the District or to the public at large, as well as the current and long-term costs and expenses associated with providing the improvements. Based on this review and evaluation, the City Council determined that it was necessary and in the best interest of the property owners within the District to conduct a property owner protest ballot proceeding for an increase to the annual assessments for Fiscal Year 2004/2005 in accordance with the 2025/2026 Santa Fe Springs Lighting District No. 1 Page 2 provisions of the California Constitution Article XIIID. Based on the ballot tabulation conducted on July 8, 2004, a majority protest existed, and the proposed assessment increase was not imposed.

The word “parcel”, for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify, on the tax roll, properties assessed for special district benefit assessments.

At a noticed annual Public Hearing, the City Council will consider public testimony regarding the District. The City Council will review the Engineer’s Annual Report and may order amendments to the Report or confirm the Report as submitted.

Following final approval of the Report and confirmation of the assessments, the Council will order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County of Los Angeles (the “County”) Auditor/Controller for inclusion on the property tax roll for each parcel in Fiscal Year 2025/2026. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved by the City Council.

B. COMPLIANCE WITH THE CURRENT LEGISLATION
As a result of the passage of Proposition 218 in November 1996, Articles XIIIC and XIIID were added to the California Constitution. Article XIIID specifically addressed both the substantive and procedural requirements to be followed for assessments.

The procedural and approval process for assessments outlined in this article apply to assessment districts, with the exception of those existing assessments that met one or more of the exemptions set forth in Section 5 of the Article. Specifically as it relates to Lighting District No. 1, the exemption provision set forth in Section 5(a) of Article XIIID states:
“...assessments existing on the effective date of this Article shall be exempt from the procedures and approval process set forth in Section 4 [if they were] imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.”
The District’s streetlight assessments were established in Fiscal Year 1982/1983 and have not been increased since Fiscal Year 1992/1993. These assessments have funded improvements that are classified as street improvements as defined herein based on the definitions provided by the Office of the Controller for the State 2025/2026 Santa Fe Springs Lighting District No. 1 Page 3 of California in the “Guidelines Relating to Gas Tax Expenditures” published by the Division of Local Government Fiscal Affairs. The state's gas tax program is administered in city agencies, but audited by the Office of the State Controller. The proceeds of the gas tax are statutorily limited to expenditures for streets and roads.

Because the funds are restricted to street and road expenditures, the State Controller has developed the “Street Purpose Definitions and Guidelines” based on the “Manual of Uniform Highway Accounting and Financial Management Procedures” developed by the American Association of State Highway Officials.

Street improvement, as it relates to this District, is defined as the construction, operation, or maintenance of facilities within the right of way used for street or road purposes including but not limited to the following:
• Installation or expansion of the streetlight system including replacement of old equipment with superior equipment, installation of traffic signals at intersections and railroad crossings, replacement of equipment as required for relocations for street purposes, and purchase and installation of traffic signal control equipment.
• Servicing lighting systems and street or road traffic control devices including, repainting and repairing traffic signals and lighting standards; and furnishing of power for street and road lighting and traffic control devices.

Therefore, the existing District assessments (assessment rates and method of apportionment) approved and levied prior to the passage of Proposition 218, are exempt from both the substantive and procedural approval process defined by Article XIIID, Section 4, until such time the assessments are increased. 2025/2026 Santa Fe Springs Lighting District No. 1 Page 4 II. DESCRIPTION OF THE DISTRICT AND SERVICES
A. BOUNDARIES OF THE DISTRICT
The boundary of the District is completely within the City limits of the City and is shown on the Assessment Diagram, which is on file in the office of the City Clerk at the City Hall of Santa Fe Springs, a depiction of which is shown in Exhibit A of this Report. The parcels of real property included within the District are identified by land use categories (“Use Codes”). A listing of the Use Codes that may be applicable to parcels within this District and typically utilized by the Los Angeles County Assessor's Office for identification of property land uses is provided in the Method of Apportionment section of this Report. Excluded from assessments are utility easements, rights-of-way, common areas, public schools, public streets, residential properties, and other public properties. The parcels within the District are described in detail on the assessor parcel maps on file in the Los Angeles County Assessor's Office, which by reference are made a part of this Report.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
2025/2026 Santa Fe Springs Lighting District No. 1 Page 5 Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5; and
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. IMPROVEMENTS, PLANS AND SPECIFICATIONS
The annual special benefit assessments levied on parcels within the District provide funding for a portion of the annual expenses related to the installation, maintenance, operation and administration of the streetlight system within the District boundaries. The costs associated with the improvements are equitably spread among benefiting parcels in proportion to their special benefits. Streetlight improvements within the City but not within the District’s boundaries and that portion of the District’s improvements determined to be general benefit are funded by other revenue sources. Only improvements, services and incidental expenses 2025/2026 Santa Fe Springs Lighting District No. 1 Page 6 permitted under provisions of the 1972 Act that are necessary for the ongoing maintenance, operation and administration of the District streetlight system that provides special benefits to the parcels within the District are included in the annual assessment.

Maintenance of the streetlight system within the District may include, but is not limited to removal, repair, replacement, modification, or relocation of the light standards, poles, bulbs, fixtures, and appurtenances. Servicing of the Southern California Edison Company-owned streetlights is furnished by the Southern California Edison Company or by its successors or assignees. The rates charged by the Edison Company include both the power and maintenance costs and are regulated and authorized by the Public Utilities Commission of the State of California. The City’s Public Works Department provides for the servicing of the City-owned streetlights. The energy rates charged for City-owned streetlights is also regulated and authorized by the Public Utilities Commission. 2025/2026 Santa Fe Springs Lighting District No. 1 Page 7 Approximately eight percent (8%) of the streetlights within the District are owned and maintained by Southern California Edison Company. The remaining ninety-two percent (92%) of the streetlights are owned by the City and are maintained by the City. The following table provides a summary of the streetlight inventory within the District for Fiscal Year 2025/2026:

Table 1 - Streetlight Inventory for Fiscal Year 2025/2026 The proposed improvements for Fiscal Year 2025/2026 are unchanged from the previous fiscal year. Streetlight Inventory Maps showing the location of the various streetlights within the District are on file in the office of the City Clerk at the City Hall and by reference are made part of this Report.

Number of Lights Per Type
Series Series Series
Account No/ Description
70 100 100 150 150 200 200 250 310 400 TOTAL
Watt Watt Watt Watt Watt Watt Watt Watt Watt Watt Lights Watts 3-008-8387-95 LS-1 (Edison-owned) - 2 - - - - - - - - 2 200 3-008-8182-13 LS-1 (Edison-owned) - - - - - 3 - 1 - - 4 850 3-008-8182-03 LS-1 (Edison-owned) - 12 - 22 - 16 - - - - 50 7,700 3-008-8182-02 LS-1 (Edison-owned) - 6 - - - - - - - - 6 600 3-008-8181-99 LS-1 (Edison-owned) 1 163 - 1 - 1 - - - 5 171 18,720 3-008-8181-96 LS-1 (Edison-owned) 5 127 - - - 6 - 1 - 139 14,500 LS - 1 TOTAL 6 310 - 23 - 26 - 2 - 5 372 42,570
3-008-9238-08 LS-2 (City-owned) - 87 158 13 - 69 1 - - - 328 40,450 3-008-8181-98 LS-2 (City-owned) - - - 126 2 85 - 37 3 - 253 46,380 3-008-8182-00 LS-2 (City-owned) - 15 90 25 - 96 1 6 - - 233 35,150 3-008-8182-01 LS-2 (City-owned) - 14 - 160 - 119 - 22 9 - 324 57,490 3-008-8182-11 LS-2 (City-owned) - 29 - 334 - 136 46 128 - 17 690 128,200 3-008-8182-14 LS-2 (City-owned) - 12 - 279 - 356 - 88 4 15 754 143,490 3-008-8182-16 LS-2 (City-owned) - - - 148 21 118 80 11 - - 378 67,700 LS - 2 TOTAL - 157 248 1,085 23 979 128 292 16 32 2,960 518,860 GRAND TOTAL 6 467 248 1,108 23 1,005 128 294 16 37 3,332 561,430 2025/2026 Santa Fe Springs Lighting District No. 1 Page 8 III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of streetlights and appurtenant facilities.

The 1972 Act further requires that the cost of these improvements be levied according to benefit:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to Article XIIID, Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel, only special benefits may be assessed and the costs associated with general benefit must separate from the special benefits. Therefore, in compliance with these requirements only the District costs that have been identified as “Special Benefit” are assessed, the costs of any improvements considered to be “General Benefit” have been eliminated from the net amount to be assessed.

B. BENEFIT ANALYSIS
The District’s improvements, the associated costs and proposed assessments described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit calculation that proportionally allocates the net cost to the benefiting properties pursuant to the provisions of Article XIIID and the 1972 Act. The location and extent of the various streetlight improvements within the District and the associated costs have been identified as either “General Benefits” (not assessed) or “Special Benefits”.

Special Benefits
The method of apportionment (method of assessment) established for this District utilizes commonly accepted engineering practices and is based on the premise that each of the assessed parcels within the District receives special benefit from the improvements maintained and financed by District assessments. The desirability and security of properties within the District is enhanced by the presence of streetlights in close proximity to those properties.

The primary benefits of streetlights are for the convenience, safety and protection of people as well as the security and protection of property, property improvements 2025/2026 Santa Fe Springs Lighting District No. 1 Page 9 and goods. Specifically, the benefits of adequate and well-maintained streetlights that benefit both the properties and property owners within the District include:
• Improves ingress and egress to property, provides customers, suppliers and employees an enhanced environment in which to access the properties. • Enhanced deterrence of crime and the aid to police protection and security activities.
• Reduced vulnerability to criminal assault of employees, patrons and owners at night.
• The promotion of increased business activities during nighttime hours. • Increased nighttime safety on roads and highways.
• Reduced vandalism and other criminal acts and damage to improvements or personal property.
• Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Reduction of dumping, graffiti and loitering typically associated with poorly lighted areas.
• Enhances desirability of properties and the ability to conduct or expand business opportunities through association with an area that has sufficient streetlights.

The intensity or degree of illumination provided within the District can enhance these benefits and is a significant factor in determining the benefits properties receive from streetlights improvements. The number and intensity of the streetlights provided in this District are significantly greater than the residential areas of the City and are generally more extensive than the streetlights provided in similar commercial and industrial areas of other cities. For these reasons, it has been determined that the streetlight improvements provided by the District are a special benefit to the properties within the District.

General Benefit
Although the improvements clearly provide special benefits to properties within the District, it is recognized that some of these facilities by the nature of their location may also benefit properties outside the District that are not assessed and to a lesser extent may provide some benefit to the public at large. Therefore, a portion of the cost to operate, maintain, and service the streetlight improvements within the District are identified as general benefit and not included in the annual assessments as special benefit. In a detailed evaluation of the entire streetlight system within the City it was determined that, over eighty percent (80%) of the cost to maintain and service the City’s streetlights is attributable to the streetlights within this District. The remaining twenty percent (20%) of the City’s annual costs for streetlights is associated primarily with the residential areas of the City and these streetlights are currently funded by other revenues sources. Approximately seven percent (7%) of the streetlight improvement costs within the District itself are attributable to streetlight facilities that benefit properties outside the District as well 2025/2026 Santa Fe Springs Lighting District No. 1 Page 10 as properties within the District. Based on this evaluation, it has been determined that twenty-seven percent (27%) of the District’s annual costs budgeted for Fiscal Year 2025/2026 is considered general benefit. This is a quantifiable percentage based on the current City streetlight system and expenditures. Although not as quantifiable, it is also reasonable to assume that the District improvements also provide some general benefit to the public at large and a reasonable percentage of this benefit should not exceed three percent (3%) for a total general benefit of thirty percent (30%) of the District’s costs. The cost of providing the District improvements that are considered general benefit include benefits conferred on real property or to the public at large. These costs shall not be included in the annual assessments and shall be funded by other revenue sources available to the City. These funds are shown in the annual budget of this Report as a General Fund contribution and the amount to be levied as assessments for the District represent only the special benefit portion of the District expenses.

C. ASSESSMENT METHODOLOGY
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The apportionment of costs used should reflect the composition of the parcels and the improvements and services provided based on each parcel’s estimated special benefit.

Benefit Assessment Unit
To assess benefits equitably, it is necessary to relate the different types of parcel improvements to each other. A value of one unit has been assigned as the basic benefit assessment unit. The benefit assessment unit consists of three classifications of benefit: people, security and intensity. The Benefit Factor for each property type is equal to the aggregate amount of benefit assessment units that a parcel receives.

The following table summarizes the various property types within the District by use code and the applicable benefit assessment units that are applied to those properties.
2025/2026 Santa Fe Springs Lighting District No. 1 Page 11 Table 2 - Use Codes and Benefit Assessment Units
* Residential Properties are not assessed
** Minimum Assigned Benefit Factor. See Special Use Codes Section for details.

Use
Code
Description People Security Intensity Benefit Factor
00-09* Residential - - - 0.00
10 Vacant Commercial Land 0.00 0.50 0.50 1.00
11 Stores 2.00 1.00 1.00 4.00
12 Store Combinations 2.00 1.00 1.00 4.00
13 Department Stores 4.00 2.00 2.00 8.00
15** Neighborhood Shopping Center ** ** ** 8.00
16** Regional Shopping Center ** ** ** 8.00
17 Office Building 1.00 1.00 1.00 3.00
18 Hotels and Motels 4.00 2.00 2.00 8.00
19 Professional Buildings 1.00 1.00 1.00 3.00
21 Restaurants 3.00 1.00 1.00 5.00
23 Banks, Savings and Loans 1.00 1.00 1.00 3.00
24 Service Shops 1.00 1.00 1.00 3.00
25 Service Stations 2.00 1.00 1.00 4.00
26 Auto/Recreation Equip Sales 2.00 2.00 2.00 6.00
27 Parking Lots (Commercial) 1.00 1.00 0.50 2.50
28 Animal Kennel 1.00 0.50 0.50 2.00
29 Nurseries or Greenhouses 1.00 0.50 0.50 2.00
30 Vacant Industrial Land 0.00 0.50 0.50 1.00
31 Light Manufacturing 3.00 1.00 2.00 6.00
32** Heavy Manufacturing ** ** ** 8.00
33 Warehousing 2.00 1.00 2.00 5.00
34 Food Processing Plants 3.00 1.00 2.00 6.00
36 Lumber Yards 1.00 1.00 1.00 3.00
37** Mineral Processing ** ** ** 5.00
38 Parking Lots (Industrial) 1.00 0.50 0.50 2.00
39** Open Storage ** ** ** 8.00
44 Truck Crops 0.50 0.25 0.25 1.00
47 Dairies 0.50 0.25 0.25 1.00
61 Theaters 3.00 1.00 1.00 5.00
63 Bowling Alleys 4.00 2.00 2.00 8.00
64 Club, Lodge Hall, Fraternal Organization 2.00 1.00 1.00 4.00 65 Recreational 2.00 1.00 1.00 4.00
71 Churches 1.00 0.50 0.50 2.00
72 Schools (Private) 1.00 0.50 0.50 2.00
77 Cemeteries, Mausoleums, Mortuaries 0.50 0.25 0.25 1.00 83 Petroleum and Gas 1.00 0.50 0.50 2.00
89 Dump Sites 0.50 0.25 0.25 1.00
99** Distribution Centers ** ** ** 8.00
2025/2026 Santa Fe Springs Lighting District No. 1 Page 12 Special Use Codes
The following Use Codes have been listed separately because of their unique operations inherent to their classifications, the size of real property, and the high use as a result of their specific operation. The total benefit assessment unit assigned to each parcel is calculated based on the parcel’s acreage and a specified weighting factor applied to that use code designation (formula). However, the minimum benefit units assigned to a parcel shall not be less than the Benefit Factor shown on the “Use Code and Benefit Assessment Units” table shown on the previous page unless the parcel fronts on a street without lights. In this case, the Benefit Factor may be reduced below this minimum. (Refer to the table for “Streets Without Lights”).

Use Code 99 is a special use code not found in the Los Angeles County Assessor’s listing and is assigned to distribution centers for this District only. Parcels of land in Use Code 99 typically run continual 24-hour operations and receive substantial benefit from the District’s streetlight improvements.

Table 3 – Special Use Code
Use Code Description Formula
15 Neighborhood Shopping Center 6.32 benefit units / acre 16 Regional Shopping Center 8.71 benefit units / acre
32 Heavy Manufacturing 5.45 benefit units / acre
37 Mineral Processing 3.27 benefit units / acre
39 Open Storage 6.53 benefit units / acre
99 Distribution Center 9.80 benefit units / acre
Streets Without Lights
The total Benefit Assessment Units of any parcel identified on the “Use Code and Benefit Assessment Units” table shown on the previous page that front on a street without District streetlights shall be assessed for people-related benefits only. It has been determined that these parcels do not receive the same special benefits from security or intensity that other parcels in the District receive. 2025/2026 Santa Fe Springs Lighting District No. 1 Page 13 The Special Use Code parcels on streets with no District streetlight facilities are reduced by approximately 1/3 (of Table 3) to account for their reduced special benefits from security or intensity. The calculation of this reduced benefit is outlined in the following table for Special Use Codes:

Table 4 – Special Use Code (Streets Without Lights)
Use Code Description Formula
15 Neighborhood Shopping Center 4.23 benefit units / acre 16 Regional Shopping Center 5.84 benefit units / acre
32 Heavy Manufacturing 3.66 benefit units / acre
37 Mineral Processing 2.18 benefit units / acre
39 Open Storage 4.36 benefit units / acre
99 Distribution Center 6.58 benefit units / acre
D. BENEFIT FORMULA
The benefit formula applied to each parcel is based on the preceding Benefit Assessment Unit tables. Each parcel’s Benefit Factor is equal to the aggregate amount of benefit assessment units that a parcel receives and correlates to the parcel’s special benefit received as compared to other parcels in the District.

The following formulas are used to calculate each property’s assessment:

People Benefit Assessment Unit + Security Benefit Assessment Unit + Intensity Benefit Assessment Unit = Parcel’s Benefit Factor
Total Balance to Levy/ Aggregate of Benefit Factors = Levy per Benefit Factor (Assessment Rate)
Assessment Rate x Parcel’s Benefit Factor = Parcel Levy Amount 2025/2026 Santa Fe Springs Lighting District No. 1 Page 14 The following table provides a summary, by Use Code, benefit units, proposed charge, and total count of assessable parcels in the District.

Table 5 – Summary of Assessable Parcels (by Use Code)
Use
Code Description
Benefit
Units
Applied
Rate
Proposed
Charge Parcel Assessed
10 Vacant Commercial Land 20.00 $17.05 $341.00 20
11 Stores 68.00 17.05 1,159.40 17
12 Store Combinations 16.00 17.05 272.80 4
14 Super Market 8.00 17.05 136.40 1
15* Neighborhood Shopping Center 529.26 17.05 9,023.87 33 16* Regional Shopping Center 94.10 17.05 1,604.43 6
17 Office Building 117.00 17.05 1,994.85 39
18 Hotels and Motels 24.00 17.05 409.20 3
19 Professional Buildings 18.00 17.05 306.90 6
21 Restaurants 140.00 17.05 2,387.00 28
23 Banks, Savings and loans 15.00 17.05 255.75 5
24 Service Shops 3.00 17.05 51.15 1
25 Service Stations 36.00 17.05 613.80 9
26 Auto/Recreation Equip Sales 168.00 17.05 2,864.40 28 27 Parking Lots (Commercial) 116.00 17.05 1,977.63 34
30 Vacant Industrial Land 137.00 17.05 2,335.85 137
31 Light Manufacturing 3723.00 17.05 63,477.15 621
32* Heavy Manufacturing 767.51 17.05 13,085.89 38
33 Warehousing 3822.38 17.05 65,171.55 736
34 Food Processing Plants 75.00 17.05 1,278.75 13
36 Lumber Yards 9.00 17.05 153.45 3
37* Mineral Processing 257.04 17.05 4,382.47 21
38 Parking Lots (Industrial) 58.00 17.05 988.90 29
39* Open Storage 363.51 17.05 6,197.87 19
61 Theaters 5.00 17.05 85.25 1
65 Recreational 8.00 17.05 136.40 2
71 Churches 2.00 17.05 34.10 1
72 Schools (Private) 12.00 17.05 204.60 6
83 Petroleum and Gas 0.00 0.00 0.00 0
89 Dump Sites 4.00 17.05 68.20 4
99* Distribution Centers 760.75 17.05 12,970.79 1
**Total 11,376.56 $193,969.80 1,866
* See Special Use Codes Section
** Total parcel count will vary as parcels are submitted under five SBE numbers. Totals may not foot due to rounding. 2025/2026 Santa Fe Springs Lighting District No. 1 Page 15 IV. DISTRICT BUDGET
Table 6 – District Budget FY 2025/2026
*The City will continue to attempt to identify ways to decrease costs in order to reduce the General Fund Contribution required.

LIGHTING BUDGET (FY 2025/26) District Budget
Energy Costs $400,000
Maintenance and Labor Costs 280,800
Supplies, Materials and Equipment 52,000
Contractual Services 34,000
Overhead 140,400
Direct Costs (Subtotal) $907,200
Miscellaneous/Special Administration Expenses 8,500
Administration Costs (Subtotal) 8,500
Total Direct and Admin. Costs $915,700
General Benefit Contribution (274,710)
General Fund Contribution * (Not General Benefit) (447,020) Balance to Levy $193,970
Total Parcels Levied 1,866
Total Benefit Units 11,376.56
Proposed Levy per Benefit Unit $17.05
Current Maximum Assessment Rate $17.05

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $272,171
Reserve Fund Collection 0.00
Estimated Ending Reserve Fund Balance $272,171
2025/2026 Santa Fe Springs Lighting District No. 1 Page 16 EXHIBIT A – DISTRICT ASSESSMENT DIAGRAM
An Assessment District Diagram has been prepared for the District in the format required by the 1972 Act and is on file in the Office of the City Clerk at the City Hall of Santa Fe Springs and is made part of this Report. The Assessment Diagram is available for inspection at the Office of the City Clerk during normal business hours. 2025/2026 Santa Fe Springs Lighting District No. 1 Page 17 EXHIBIT B – 2025/2026 ASSESSMENT COLLECTION ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Los Angeles County Assessor's map for the year in which this Report is prepared.

The land use classification for each parcel has been based on the Los Angeles County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, has been submitted to the City Clerk and by reference is made part of this Report.

Approval of the Annual Engineer’s Report (as submitted or as modified) confirms the method of apportionment and the assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for Fiscal Year 2025/2026. The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2025/2026.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

APPROVED:

ITEM NO.:

RESOLUTION NO. 9961

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF

ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY WHEREAS, the CITY COUNCIL of the CITY OF SANTA FE SPRINGS, CALIFORNIA, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated as

CITY OF SANTA FE SPRINGS
LIGHTING DISTRICT NO. 1
(hereinafter referred to as the “District”)’ and,
WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said "Report."
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the “Report” as presented, consisting of the following:

A. Estimate of costs;
B. Diagram of the District;
C. Assessment of the estimated Cost
Is hereby approved; and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

ATTACHMENT B

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SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report."
APPROVED and ADOPTED this 17TH day of June 2025.
______________________________
William K. Rounds, Mayor
ATTEST:
__________________________________
Fernando Muñoz, City Clerk
APPROVED:

ITEM NO.:

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RESOLUTION NO. 9962

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

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY

AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2

OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON.

WHEREAS, the CITY COUNCIL of the CITY OF SANTA FE SPRINGS, CALIFORNIA has previously formed a lighting district pursuant to terms and provisions of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California, in what is known and designated as

CITY OF SANTA FE SPRINGS
LIGHTING DISTRICT NO. 1
(hereinafter referred to as the “District”)’ and,
WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and,
WHEREAS, at this time there has been presented and approved by this City Council, the Engineer’s “Report” as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the “Report” of the Engineer, incorporated herein as a part hereof.

ATTACHMENT C

Page 2 of 4 ends

SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer’s “Report,” and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said “Report.”

SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund known as “SPECIAL FUND

CITY OF SANTA FE SPRINGS
LIGHTING DISTRICT NO. 1”
Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, from any available source, such funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution.

Page 3 of 4 ends

BOUNDARIES OF THE DISTRICT
SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District, shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and designated by the name of the District.

PUBLIC PROPERTY
SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work.

PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 1
st DAY OF JULY,
2025 AT THE HOUR OF 6:00 O’CLOCK P.M., IN THE REGULAR

MEETING OF THE CITY COUNCIL, BEING THE COUNCIL

CHAMBERS, IS THE TIME AND PLACE FIXED BY THIS CITY

COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN

REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE

EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS

CONTAINED IN THIS RESOLUTION, ANY PERSONS WHO WISH TO

OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD

FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

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NOTICE
SECTION 11. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution. Said publication shall be not less than ten (10) days before the date for said Public Hearing.

EFFECTIVE DATE
SECTION 12. That this Resolution shall take effect immediately upon its adoption.

PROCEEDINGS INQUIRIES
SECTION 13. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

James Enriquez
City Engineer

ITEM # 24

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 / City Engineer SUBJECT: APPROVAL OF TITLE VI PLAN INCLUDING PUBLIC PARTICIPATION

PLAN (PPP), LIMITED ENGLISH PROFICIENCY (LEP) POLICY, AND

COMPLAINT PROCEDURES
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt the Title VI Non-Discrimination Program, including the Public Participation Plan, Limited English Proficiency Policy, and Title VI Complaint Procedures; and 2) Authorize the City Manager or designated official to submit the program and sign the required Assurance of Compliance.
3) Take such additional, related action that may be desirable.

FISCAL IMPACT
There is no significant fiscal impact associated with adoption of the recommended actions. Minor administrative costs will be incurred for outreach and translation as needed, which are typically eligible for reimbursement under most federal transportation grants. Adoption of the recommended plans is a requirement of all federal transportation grants and makes the city eligible to apply for and receive federal grants.

BACKGROUND
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance. To maintain eligibility for such funding, the City is required to have an adopted Title VI Program in place. This includes a Public Participation Plan, an LEP Plan, and procedures for handling Title VI complaints.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Approval of Title Vi Plan Including Public Participation Plan (PPP), Limited English Proficiency (LEP) Policy, And Complaint Procedures

Page 2 of 3 ends

ANALYSIS
Not applicable.

ENVIRONMENTAL
Not applicable.

DISCUSSION
As a recipient of federal aid, the Public Works Department is required by Caltrans to develop and implement a program that clearly defines roles, responsibilities, and procedures to ensure compliance with Title VI and related statutes. This program guarantees that no individual is excluded from or denied the benefits of Public Works programs and activities based on race, color, national origin, or any other category protected by State or Federal law.

The Public Works Department Title VI implementation plan outlines the key components of the Title VI program and provides the necessary policy direction to ensure ongoing compliance with Title VI requirements.

The City’s Title VI Program includes the following components:

1. Title VI Plan
• Statement of assurance and non-discrimination
• Methods for monitoring compliance internally and externally • Training protocols for staff and contractors
• Collection and analysis of demographic and service data

2. Title VI Complaint Procedures
• Step-by-step process for filing and responding to complaints • Timeframes for acknowledgement, investigation, and resolution • Title VI Coordinator will process for notifying complainants of the outcome

3. Public Participation Plan (PPP)
• Strategies of community engagement and LEP outreach methods for continuous public involvement
• Methods for inclusive outreach to minority, low-income, LEP, and disabled populations
• Schedule and formats for public meetings and comment opportunities • Strategies to ensure accessibility and transparency

4. Limited English Proficiency (LEP) Policy
• Identified LEP populations within the City
• Guidelines for providing interpretation and translation services • Outreach methods to inform LEP individuals of their rights and services available CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Approval of Title Vi Plan Including Public Participation Plan (PPP), Limited English Proficiency (LEP) Policy, And Complaint Procedures

Page 3 of 3 ends

5. Annual Title VI Report
• Report complaints and steps taken to resolve the complaint. • Reports new data on LEP population
• Reports on new LEP outreach methods used
• Reports on webpage updates/location

SUMMARY/NEXT STEPS
Upon the adoption of the Title VI Plan by the City Council for the recommended action, City staff will add the signed documents to the plan, upload the plan to the City website, and post copies of the required notices. City staff will upload the plan to the Caltrans assessment website.

ATTACHMENTS:

A. Title-VI-Implementation Plan-City of Santa Fe Springs B. Appendix A US DOT 1050.2A
C. Appendix B Title VI Notice to the Public
D. Appendix C Title VI Complaint Form
E. SFS Master Agreement - Administering Agency State Agreement for Federal-Aid Projects
ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐

Local Agency Federal Highway
Administration (FHWA)
Title VI Implementation Plan
[Name of Agency and Department]
[Date]
Prepared by: [Name and Job Title]
Local Agency Federal Highway
Administration (FHWA)
Title VI Implementation Plan
City of Santa Fe Springs, Public Works Department
June 2025
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
2 TABLE OF CONTENTS
I. Title VI/Non-Discrimination Policy Statement ........................................................................3 II. Title VI Assurances....................................................................................................................4 III. Organization, Staffing, and Structure...................................................................................5 Organizational Chart ..........................................................................................................6 IV. Title VI Notice to the Public...................................................................................................6 VI. Title VI Training ........................................................................................................................7 V. Title VI Complaint Procedures...............................................................................................7 VI. Title VI Complaint Log............................................................................................................9 VII. Public Participation Plan ......................................................................................................9 Strategies of Community Engagement ......................................................................10 LEP Outreach .................................................................................................................11 Inclusion Measures.........................................................................................................12 VIII. Limited English Proficiency (LEP) Assessment / Language Assess Plan (LAP) .............13 Limited English Proficiency .......................................................................................................14 LEP Addressing...............................................................................................................15 Language Access Services ..........................................................................................16 VIIII. Title VI Data Collection .....................................................................................................17 X. Primary Program Area Descriptions & Internal Title VI Review Procedures ....................18 XI. External Title VI Reviews / Subrecipient Monitoring..........................................................19 VII. Title VI Annual Work Plan Title VI Accomplishments and Goals Report........................20 Appendix
Appendix A DOT 1050.2A Title VI Assurance..........................................................................21 Appendix B Title VI Notice of Rights to the Public..................................................................22 Appendix C Title VI Complaint Form.......................................................................................23 City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
3 I. TITLE VI/NON-DISCRIMINATION POLICY STATEMENT
It is the policy of City of Santa Fe Springs that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of City of Santa Fe Springs Department of Public Works as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of the City of Santa Fe Springs, including its contractors and anyone who acts on behalf of City of Santa Fe Springs Department of Public Works. This policy also applies to the operations of any department or agency to which the City of Santa Fe Springs extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

The City of Santa Fe Springs affirms the recipient's commitment to non-discrimination and assures that every effort will be made to ensure non-discrimination in all of its programs, activities, and services, whether those programs, activities, and services are federally funded or not.
(Top Agency or Department Official) Date
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
4 II. TITLE VI ASSURANCES
DOT 1050.2A Title VI Assurance form: Signed Form in APPENDIX A Non-Discriminatory Legislation:

Title VI of the Civil Rights Act of 1964 – Provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance (as implemented through 23 CFR 200.9 and 49 CFR 21).

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) – Prohibits discrimination on the basis of sex by recipients and sub-recipients of Federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 – Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.

The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) – Prohibits discrimination on the basis of age by recipients and sub-recipients or Federal financial assistance.

The Civil Rights Restoration Act of 1987 (Public Law 200-209) – Clarifies that the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 was to apply the non-discrimination statutes to all programs and activities of Federal-aid recipients, sub-recipients, contractors and vendors, whether all such programs are federally assisted or not.

Executive Order (EO) 13166, “Improving Access to Services for Persons with Limited English Proficiency,” was officially rescinded by President Trump with the issuance of EO 14224, which designates English as the official language, but does not eliminate Title VI protections. Even though EO 14224 rescinded EO 13166, Title VI of the Civil Rights Act of 1964 remains in full effect.

This means:
• Title VI prohibits language-based national origin discrimination. • LPAs must continue to provide meaningful access to programs, services, and activities for Limited English Proficiency (LEP) individuals. • US Department of Justice (DOJ) guidance and court interpretations reinforce this requirement.

The City will continue to ensure LEP is accessible under Title VI.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
5 III. ORGANIZATION, STAFFING, AND STRUCTURE
City of Santa Fe Springs is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non-discrimination is required of all agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21.

The City of Santa Fe Springs has created the positions of Title VI Coordinator and Assistant Title VI Coordinator to ensure implementation of the agency’s Title VI program.

The position of Title VI Coordinator is located within the Public Works Department.

Title VI Coordinator:
• Name: Debbie Ford
• Title: Human Resources Manager
• Contact Information: [email protected]
The Title VI Coordinator is responsible for:
• Overseeing Title VI program implementation
• Submitting a Title VI plan and annual reports on the agency’s behalf • Developing procedures for the prompt processing and disposition of complaints • Processing complaints, compiling a complaint log, and reporting to Caltrans • Developing procedures for the collection and analysis of statistical data • Developing a program to conduct Title VI reviews of program areas • Conducting annual Title VI assessments of pertinent program areas • Developing Title VI information for dissemination
• Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary
• Maintains open line of communication with City Manager, City Council, and other City leadership positions as necessary to facilitate the Title VI Program requirements in a timely manner.

Assistant Title VI Coordinator:
• Name: Elizabeth Ortega
• Title: Human Resources
• Contact Information: [email protected] The Assistant Title VI Coordinator is responsible for:
• Assumes role and duties of Title VI when the Title VI Coordinator is unavailable. • Works directly with Title VI Coordinator to ensure program compliance is met. • Ensures that all applicable staff are present for Title VI training, and are following Title VI procedures through work with the public, contractors, and consultants.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
6 Organizational Chart
IV. TITLE VI NOTICE TO THE PUBLIC
As a recipient of federal funding, the City of Santa Fe Springs is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in all federally funded programs and activities.

In accordance with federal requirements, this Title VI Notice to the Public informs individuals of their rights and provides information on how to file a complaint if they believe they have been subjected to discrimination.

Santa Fe Springs strives to promote equitable access to transportation programs, services, and decision-making processes for all community members. The city has included the Title VI Notice of Rights to the Public, found in APPENDIX B of this document.

The notice will be disseminated to the public through the City departments, translated into Spanish, and posted on the City website.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
7 VI. TITLE VI TRAINING
The City of Santa Fe Springs Public Works Department will provide Title VI and related statute training to all Public Works staff that has frequent public contact in the administration of federal-aid programs. These trainings will occur at a minimum every two years, and within six months of hiring a new employee. The trainings will be conducted by the Title VI Coordinator, online through presentations, or through trainings hosted by Caltrans. Additionally, links to Caltrans, FHWA, and other applicable agency resources for Title VI and related statutes will be posted on the City website.

In particular, the following items will be covered in training:
• Review of the City’s Title VI Implementation Plan and other relevant documents • Language assistance services are offered for public use • How to handle potential complaints
• Where to seek assistance for Title VI questions and concerns V. TITLE VI COMPLAINT PROCEDURES
The City of Santa Fe Springs Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Santa Fe Springs Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

The City of Santa Fe Springs will make every effort to ensure nondiscrimination in all of its services, programs, and activities, whether they are federally funded or not, and that services and benefits are fairly distributed to all people, regardless of race, color, or national origin (including LEP).

The Title VI Specialist will only process complaints that are complete, which include at a minimum, the following:

Outline of how Title VI complaints are handled:
1) How to File: Any person that believes they have been discriminated against on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law by the City of Santa Fe Springs Public Works Department, its contractors, consultants or any other party that acts on behalf of the Public Works Department may file a Title VI complaint by completing and submitting the City’s Title VI Complaint Form (APPENDIX C), which can be found displayed in the City Hall lobby, and online on the City website.
2) Timeline: The City’s Title VI Specialist processes complaints received and shall acknowledge receipt within 10 business days; resolution within 60 days.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
8 3) Validation: The agency would validate the complaint and send to Caltrans for processing. Make sure there is a complaint log as well as a complaint form for the public to file Title VI complaints.
4) Decision: Issue findings to the complainant and corrective actions if needed. 5) Appeal: Information on how to appeal decisions.

Once the Title VI complaint is received, the Title VI Coordinator will log the complaint and verify that for completeness and jurisdiction, then will forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Coordinator will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log, and conducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Coordinator will provide said finding to the complainant within ten business days via letter and/or email.

Complaints Processed Under the Federal Highway Administration • Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.
• Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (City Santa fe Springs) are to be forwarded to Caltrans to be submitted to FHWA Division Office.

Complaints should be sent within one business day of receipt via email to [email protected]. If the Headquarters Office of Civil Rights (HCR) determines a Title VI complaint against a sub-recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.

A person may also file a complaint directly with the FHWA and/or Caltrans by the following contact information:

Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105
Washington, DC 20590
California Department of Transportation (Caltrans)
Office of Civil Rights
Attention: Title VI Branch
P.O. Box 942874, MS 79
Sacramento, CA 94274
Should a complaint be filed with the City of Santa Fe Springs Works and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint and the City’s complaint procedures will be suspended pending the federal/state agency’s findings.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
9 VI. TITLE VI COMPLAINT LOG
The City will maintain a log of all formal complaints filed. The complaint log will include the following information:

Maintain a log including:
• Complaint filing date.
• Complainant's demographics (if voluntarily provided). • Allegation summary.
• Investigation status and findings.
• Resolution or corrective action.

The complaint form used by the City can be found at the end of APPENDIX C.

VII. PUBLIC PARTICIPATION PLAN
Purpose
The City of Santa Fe Springs’ Public Participation Plan (PPP) is organized to work in concert with the Title VI Plan and the Language Access Policy. The purpose of the PPP is to establish procedures that allow for, encourage, and monitor the participation of all citizens living and working in the City. Special attention will be paid to soliciting input from low-income and minority communities that are traditionally underrepresented. A survey tool will be used to seek feedback about the most effective channels of communication for the City to engage our communities.

Goals and Objectives
The City’s PPP has a single comprehensive goal: to allow the public opportunities throughout our many different planning processes to make their ideas and concerns known. To meet this goal, the City has established the following objectives:
1) Identify the most appropriate methods for reaching the public. 2) Determine what language and other cultural barriers exist to public participation within the City.
3) Hold meetings in locations that are accessible and reasonably welcoming to all Santa Fe Springs residents.
4) Keep the public informed through effective channels of communication and allow input through additional channels.
5) Work to actively engage the public in programs, projects and policy-making. Give participants more ownership in the outcome of planning processes through collaborative events that engage in conversation and the exchange of ideas and information, leading to buy-in, a sense of ownership, and higher quality planning documents.
6) Ensure that the City’s public involvement plan is dynamic and responsive. The plan will be inclusive of a range of perspectives, engaging citizens in unique ways to reach a broader audience and understand their goals, needs, and desires.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
10 7) Use various illustrative visualization techniques to convey the information including but not limited to charts, graphs, photos, maps and the internet.

Identification of Stakeholders
Stakeholders are those who are either directly or indirectly, affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied the benefit of a plan’s recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low-income persons, public agencies, and private organizations and businesses.
• General Citizens: The City of Santa Fe Springs has a population of 19,219 as of 2020 Decennial Census (U.S Census Bureau). About 43.4.% of the population is speaks Spanish only, 7.1% Asian and Pacific Islander, and 1.7 % other languages. • Low-income: Residents with income below the poverty level account for almost

11.1% of Santa Fe Springs’s population and should be given every reasonable opportunity to provide input on various community plans and programs. • Public Agencies: Public agencies can provide valuable input to the planning process, in addition to assisting in gaining attention from traditionally underrepresented populations. • Private Organizations and Businesses: Private organizations and businesses offer a number of perspectives that are valuable to the planning process and their perspective will be welcomed in the planning process.

STRATEGIES OF COMMUNITY ENGAGEMENT
Public meetings, surveys, workshops, focus groups.

The resources listed here are the methods Santa Fe Springs uses to engage and communicate with the individuals and stakeholders we serve.

The City of Santa Fe Springs Website:
• The Santa Fe Springs website was redesigned in 2024. The updates continue to provide information about upcoming meetings and agendas, recent reports, maps, and information about Santa Fe Springs policies. The site includes a “Contact Us” with staff email accounts along with a comment email account to collect public input and feedback. The comment email is monitored by administrative staff. The comment account also receives automated notifications when comments are submitted on other web-based public input tools. The website includes a translation tool for nonspeaking English users. In addition, the website includes an Accessibility Menu for users with disabilities.
“Go SFS” App:
• Service Requests, comments or input can be submitted using the "Go SFS" app to report local issues such as Potholes, Tree Hazards, Sidewalks, Malfunctioning Traffic Signals, Street Lights, Graffiti, Illegal Dumping and send it directly to the Public Works Department. The mobile application will use your camera and geo-location technology to route the problem's exact location to the Public Works Department.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
11 The App provides the opportunity to track the submitted service requests and receive updates and notifications once the matter has been resolved.

Social Media
• Facebook, Instagram and YouTube are used to announce meetings and events.

Posts provide the opportunity to share links to pertinent information and survey sites.

Social media platforms can also invite public comments and participation on the sites themselves..

City E-Blast SFS happenings
• The Santa Fe Springs monthly City Newsletter is delivered directly to the community's inbox. The newsletter includes valuable information about the community, including festivals and holiday events, public announcements, recreation programs, renovation and development projects, and much more.

Surveys
• Santa Fe Springs uses printed and web-based applications to generate electronic surveys. Hyperlinks to the survey are then disseminated via email, social media, press releases, and the website. Hard copies are also produced and distributed at public meetings, community events, and the office. In addition, post card mailings are used to publicize surveys and comment periods and include QR codes for mobile devices.

Public Meetings/Community Events/Neighborhood Meetings
• Public meetings are generally open and informal, with project team members interacting with the public on a one-on-one basis. Brochures and fact sheets may be provided at these meetings. Santa Fe Springs may coordinate with other local agencies to be on hand to supply information and support. Informational tables at community events where transportation issues are not the focus are ways to solicit comment from individuals who are not usually involved in the transportation planning process. All meetings are ADA-compliant.

Posters and Flyers
• Posters and flyers are used to announce meetings and events and are distributed to public places such as City Halls, libraries, community centers, City Utilities buses and City Utilities bus transfer stations for display. Posters and flyers can be used to reach a larger audience than other notification methods.

LEP OUTREACH
Translate vital materials and provide interpretation services.

LEP Outreach includes strategies that actively engage residents with limited English proficiency in public decision-making processes by providing translated materials, utilizing bilingual staff, holding meetings in multiple languages, and partnering with community organizations serving populations, with a focus on accessible communication channels like community radio and social media platforms in relevant languages.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
12 Accessibility features:
• The Santa Fe Springs website incorporates language access features on city websites, including translation tools and multilingual content.

Translation of Key documents:
• Santa Fe Springs converts written information from English into another language, such as Spanish, to ensure important documents like forms, notices, and instructions are accessible to LEP individuals.

Interpretation services:
• Santa Fe Springs provides real-time oral translation during conversations, allowing for direct communication between an LEP person and someone speaking English.
• The City offers bilingual pay to our employees who can serve as interpreters for City business. City employees are tested and certified for bilingual pay.

Additionally, if necessary, the City can use Language Services for extra support.

Advance notice:
• Santa Fe Springs provides sufficient notice to request interpretation services for meetings.

INCLUSION MEASURES
Target outreach to minority and low-income populations.

Inclusive outreach paves the way toward a mutual understanding between the government and the community. This understanding is reliant on the management of expectations, the development of trust, and the existence of transparency into the government process.

Community Meetings:
• Santa Fe Springs schedules meetings at accessible locations and times, considering cultural factors like religious holidays.
• Santa Fe Springs holds separate sessions with LEP residents, if necessary, to facilitate open discussion.
• Santa Fe Springs provides simultaneous translation or interpretation during meetings. The City uses a service provider upon request, for special situations, or a staff person if they speak that language and is available, etc. • All meetings are ADA-compliant.

City Council Meetings:
• Public meetings held by the City Council will be noticed according to the standard procedures for those bodies, as well as on the City’s website. All outreach efforts and comments received will be documented by the City and available for public review upon request.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
13 Public Hearing/Community Meeting Notice:
• Santa Fe Springs publishes public hearing notices in multiple languages on the city website and in local ethnic newspapers, including details about translation and interpretation services available. The City uses a service provider upon request, for special situations, or a staff person if they speak that language and is available, etc.

Focus Groups and Surveys:
• Santa Fe Springs designs surveys and focus group questions in multiple languages.
• Santa Fe Springs recruit bilingual facilitators to conduct sessions with LEP communities.

Direct Outreach:
• Santa Fe Springs partners with community organizations to conduct door-to-door outreach and distribute information in relevant languages. • Santa Fe Springs utilizes community leaders and trusted figures to disseminate information.

Community Forums:
• Santa Fe Springs organizes community forums in different neighborhoods, providing bilingual moderators and translated materials, with specific sessions focused on LEP residents' concerns.

Social Media Outreach:
• Santa Fe Springs creates social media pages in relevant languages and engage with LEP communities through targeted posts and advertisements.

VIII. LIMITED ENGLISH PROFICIENCY (LEP) ASSESSMENT /

LANGUAGE ASSESS PLAN (LAP)

BACKGROUND
Although Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” has been rescinded, the City will continue to ensure that Federallyfunded programs and activities normally provided in English are accessible to LEP Persons. Each local agency shall perform an annual assessment to determine if modifications are needed to their programs and activities to ensure meaningful access by LEP persons. The assessment which is referred to as a “Four-Factor” analysis is based on the following factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

2. The frequency of LEP contacts.

3. The nature and importance of the programs, services, or activities provided by the City of Santa Fe Springs.

4. The resources available for LEP persons
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
14 LIMITED ENGLISH PROFICIENCY
A Limited English Proficiency (LEP) person is a person who does not speak English as a primary language and has a limited ability to read, write, or comprehend English. Per Executive Order 13166, agencies that receive Federal funding must examine their Federally-funded services and develop and implement processes that will allow LEP persons to meaningfully access said services. Executive Order 13166 also requires that agencies receiving Federal funding must establish guidance for providing meaningful access to LEPs, prepare a plan to overcome language barriers in Federally-funded programs and activities, and ensure that stakeholders have adequate opportunity to provide input.

As shown in Table 1 below, 43.4% of residents in Santa Fe Springs are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish. The City used demographic data to identify the need for providing bilingual services in the following languages to provide access to the LEP community in compliance with Executive Order 13166.

Source: US Census: 2023 American Community Survey 5-Year Estimates https://data.census.gov/vizwidget?g=160XX00US0669154&infoSection=Language+Spok en+at+Home

TITLE VI INFORMATION DISSEMINATION
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and “I Speak” cards that are available in English, Spanish, and Punjabi. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
15 in the City Hall lobby, in a highly visible and accessible location. The public notices will also be available for viewing on the City website.

LEP ADDRESSING:

The first section in this document describes the purpose of the Limited English Proficiency Plan (LEP). The second section in this document provides the four-factor Limited English Proficiency (LEP) analysis as outlined in the Department of Transportation (DOT) used to identify LEP needs and assistance measures. The four-factor LEP analysis includes:

1. FOUR-FACTOR ANALYSIS: Assess LEP needs based on:
• Number/proportion of LEP persons served: As shown in Table 1 below, 43.4% of residents in Santa Fe Springs are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish.
• Frequency of contact: Santa Fe Springs has a wide variety of people from various backgrounds who participate in our programs and services, representing diverse age groups, ethnicities, abilities, and languages spoken. While we do not collect average statistics across all City programs, we are prepared to serve people who speak multiple languages via a multi-pronged approach consisting of City staff, contracted interpreters and translated written materials. Public Works staff receives requests for translation through federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation promptly.
• Importance of the program/service: From observation provided by Public Works staff, translation services are requested for programs, services, or activities which are federally funded. As stated above, the front counter Staff with the City’s Finance Department are the ones who most frequently encounter LEP persons requesting and/or needing translation services. Though Public Works Staff has received very few requests for translation services on Federally-funded projects, programs and services, Staff is keenly aware that almost 43.4% of the City’s residents are LEPs and therefore it is highly likely that LEPs will be stakeholders in any of the said projects, programs and services. As such, when Staff has City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
16 encountered the need for translation services, Staff has provided the services readily.
• Resources available: Outreach expenses as they relate to LEP populations are shared among several departments. Most of the City’s public counters have bilingual speakers and there is an internal bilingual staff directory available. City employees have been tested and are currently certified for bilingual pay.

Additionally, if necessary, the City can use Language Services for extra support.

Santa Fe Springs recognizes that 58.1% of the City’s population is Hispanic or Latino and speaks a language other than English at home. The City offers a wide variety of customer service assistance through the various City Departments. The provision of resources, direct services, and programs through our public facilities, including but not limited to, our civic center, community centers, development (building permits, etc.) services, health department, libraries, senior centers, and youth programs, play a significant role in allowing access to social and recreational enrichment opportunities, which improve the quality of life.

LANGUAGE ACCESS SERVICES: Translation, interpretation, and staff training.

1. Interpretation Services: City employees have been tested and are currently certified for bilingual pay. Additionally, if necessary, the City can use Language Services for extra support. During conversations, allowing for direct communication between an LEP person and someone speaking English.
• Translation of Key Documents: Santa Fe Springs converts written information from English into another language, such as Spanish to ensure important documents like forms, notices, and instructions are accessible to LEP individuals. • Training: Training for front-line staff members, who are often the first points of contact with LEP individuals, is provided by City Personnel. Staff training includes:
o Identifying and tracking language preference information of LEP persons; o Delivering services effectively to LEP persons;
o Assuring staff sensitivity to the literacy level of LEP persons; o Describing LEP services offered to the public;
o Procuring interpreter services;
o Identifying and documenting the language needs of LEP persons; o Processing a Title VI/LEP complaint;
o Familiarity with Disability Awareness, Ethics, Civil Rights and Conflict Management issues.

2. Outreach Strategies: Targeted engagement for LEP communities. • Community Meetings: Santa Fe Springs schedules meetings at accessible locations and times, considering cultural factors like religious holidays. Santa Fe Springs holds separate sessions with LEP residents, if necessary, to facilitate open discussion. Santa Fe Springs provides simultaneous translation or interpretation during meetings.
• City Council Meetings: Public meetings held by the City Council will be noticed according to the standard procedures for those bodies, as well as on the City’s City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
17 website. All outreach efforts and comments received will be documented by the City and available for public review upon request.
• Public Hearing/Community Meeting Notice: Santa Fe Springs publishes public hearing notices in multiple languages on the city website and in local ethnic newspapers, including details about translation and interpretation services available.
• Focus Groups and Surveys: Santa Fe Springs designs surveys and focus group questions in multiple languages. Santa Fe Springs recruits bilingual facilitators to conduct sessions with LEP communities.
• Direct Outreach: Santa Fe Springs partners with community organizations to conduct door-to-door outreach and distribute information in relevant languages.

Santa Fe Springs utilizes community leaders and trusted figures to disseminate information.
• Community Forums: Santa Fe Springs organizes community forums in different neighborhoods, providing bilingual moderators and translated materials, with specific sessions focused on LEP residents' concerns.
• Social Media Outreach: Santa Fe Springs creates social media pages in relevant languages and engages with LEP communities through targeted posts and advertisements.

VIIII. TITLE VI DATA COLLECTION
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S.

Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.

Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally-funded projects. Such outreach that may give Staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comments through websites generated for projects.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
18 X. PRIMARY PROGRAM AREA DESCRIPTIONS & INTERNAL TITLE VI

REVIEW PROCEDURES
The City Public Works Department engages in the following program areas and will implement the PPP and the LEP plan in the following Program Areas:

Program Area General Description
Title VI/NonDiscrimination
Concerns and
Responsibilities
Review
Procedure for
Ensuring NonDiscrimination
Right of Way The phase of transportation
engineering and surveying
which involves the
determination of existing right
of way lines and property
boundaries, the preparation of
maps and descriptions for the
appraisal, acquisition, and
disposal of real property rights.

Yes Yes
Planning The plans and specifications
for the works to be constructed
Yes Yes
Program Area Type of Data Collected & Process
for Collecting
Intended Outcome of Data
Analysis
Public Meeting
Participations
Collecting data on who attends
public hearings or meetings
related to a federally funded
project.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)
Feedback
from
Stakeholders
Gathering qualitative data
through focus groups or interviews
with stakeholders, like caregivers in
a Title VI program, to understand
their experiences and needs.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)
Disseminating
Title VI
Information:

Providing Title VI brochures,
information during preconstruction meetings, and
posting information on internal
websites to ensure awareness and
compliance.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
19 including such maps, profiles,
plans sheets and as-builts.

Environmental The proactive and reactive
measures taken to minimize
negative impacts on the
surrounding environment and
maximize positive impacts.

Yes Yes
Construction The process of building and
developing infrastructure,
structures, and facilities.

Yes
Yes
XI. EXTERNAL TITLE VI REVIEWS / SUBRECIPIENT MONITORING The City of Santa Fe Springs monitors subrecipients for Title VI compliance by implementing a structured oversight process that ensures federally funded programs and activities adhere to nondiscrimination requirements. The monitoring process generally includes the following key components:

1. Subrecipient Agreement and Title VI Assurances
• Require subrecipients to sign Title VI Assurances (DOT 1050.2A) as part of grant agreements.
• Include Title VI compliance obligations in all contracts, agreements, and Memoranda of Understanding (MOUs).
• Specify reporting and monitoring expectations in agreements.

2. Training and Technical Assistance
• Provide Title VI training to subrecipient staff on nondiscrimination requirements, complaint procedures, data collection, and reporting.
• Offer technical assistance to help subrecipients develop and implement their own Title VI Program.
• Ensure subrecipients understand requirements related to Limited English Proficiency (LEP) plans, public participation, and environmental justice.

3. Compliance Reviews and Monitoring
• Conduct periodic compliance reviews (e.g., annual or biennial audits) of subrecipients to assess adherence to Title VI requirements. • Review subrecipient policies, procedures, complaint records, and public outreach efforts.
• Require subrecipients to submit self-assessments or compliance checklists.

4. Complaint Handling and Investigations
• Ensure subrecipients establish and follow a Title VI complaint procedure. • Require subrecipients to log and report complaints to the city, including how they are resolved.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
20 • Investigate complaints if subrecipients fail to take corrective actions.

5. Data Collection and Reporting
• Require subrecipients to collect and analyze demographic data to evaluate program impacts on minority and low-income populations. • Ensure subrecipients document public outreach efforts, including engagement with underserved communities.
• Review subrecipient reports on language access services provided to LEP individuals.

6. Public Participation and LEP Compliance
• Ensure subrecipients provide meaningful public involvement opportunities for minority, low-income, and LEP populations.
• Verify that public notices, surveys, and key documents are available in relevant languages.
• Require subrecipients to maintain LEP plans that align with the city’s Title VI policies.

7. Corrective Actions and Enforcement
• If a subrecipient is found noncompliant, the city should issue a written notice detailing deficiencies and required corrective actions. • Provide technical assistance to help subrecipients achieve compliance. • If necessary, take enforcement actions, such as withholding funding, imposing conditions, or terminating contracts for persistent noncompliance.

8. Annual Reporting and Recordkeeping
• Require subrecipients to submit annual Title VI reports summarizing compliance efforts, training participation, complaints, and outreach activities. • Maintain detailed records of subrecipient agreements, training attendance, complaints, compliance reviews, and corrective actions.

XII. TITLE GOALS REPORT VI ANNUAL WORK PLAN
The City of Santa Fe Springs Public Works Department will annually establish and monitor program goals and accomplishments. The Title VI Coordinator will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary.

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
21 APPENDIX A
DOT 1050.2A TITLE VI ASSURANCE
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
22 APPENDIX B

TITLE VI NOTICE OF RIGHTS TO THE PUBLIC

TITLE VI NOTICE TO THE PUBLIC

YOUR RIGHTS AGAINST DISCRIMINATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND

RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law:
• Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.)
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) • The Civil Rights Restoration Act of 1987 (Public Law 200-209) Any person who believes that they have been discriminated against may file a written complaint with the City of Santa Fe Springs Public Works Department within 180 days of the alleged discrimination. Additional information and Title VI Complaint Forms can be obtained on the City of Santa Fe Springs City website. Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall.

To file a Title VI discrimination complaint, please use the following contact information:

Title VI Implementation Plan City of Santa Fe Springs
Department of Public Works and Human Resources
Re: Debbie Ford
11710 Telegraph Road,
Santa Fe Springs, CA 90670
[email protected]
City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
23 APPENDIX C

TITLE VI NOTICE OF RIGHTS TO THE PUBLIC

TITLE VI COMPLAINT FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Santa Fe Springs Public Works Department, please complete the information below and submit this form to:

Title VI Implementation Plan City of Santa Fe Springs
Department of Public Works and Human Resources
Re: Debbie Ford
11710 Telegraph Road,
Santa Fe Springs, CA 90670
[email protected]
Name:

Address:

City:

State:

Zip Code:

Cell/Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Race
Sex
Religion
Color
Age
Sexual Orientation
National Origin
Disability
Gender Identity
Other (Please Describe):

City of Santa Fe Springs Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
24 2) Date(s) that alleged event(s) took place:
3) Location(s) where the alleged event(s) took place:
4) Is the alleged discrimination still ongoing?:
5) In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:
6) Please list any person(s) we may contact for additional information to provide further information for your complaint:
7) Have you filed this complaint with any other federal agency, state agency, federal court, or state court? If yes, please check all that apply:

Federal Agency
State Agency
Federal Court
State Court
8) Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: ___________________________________ Date:
1 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
The City of Santa Fe Springs (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Federal Highway Administration, is subject to and will comply with the following:

Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program:

1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and

21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard 2 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The City of Santa Fe Springs, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
3 a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, City of Santa Fe Springs also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the Federal Highway Administration access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Federal Highway Administration. You must keep records, reports, and submit the material for review upon request to Federal Highway Administration, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

City of Santa Fe Springs gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Santa Fe Springs, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal-Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. _____________________________________
(Name of Recipient)
by ___________________________________
(Signature of Authorized Official)
DATED________________________________
A

APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the California Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the City of Santa Fe Springs will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Federal Highway Administration, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Santa Fe Springs all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto City of Santa Fe Springs and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Santa Fe Springs, its successors and assigns.

The City of Santa Fe Springs, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Santa Fe Springs will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or reenter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) C

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,

FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Santa Fe Springs pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Santa Fe Springs will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Santa Fe Springs will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Santa Fe Springs and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
D

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,

FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Santa Fe Springs pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, City of Santa Fe Springs will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Santa Fe Springs will there upon revert to and vest in and become the absolute property of City of Santa Fe Springs and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
E

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

TITLE VI NOTICE TO THE
PUBLIC

YOUR RIGHTS AGAINST DISCRIMINATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND

To file a Title VI discrimination complaint, please use the following contact information:

Title VI Implementation Plan City of Santa Fe Springs
Department of Public Works and Human Resources
Re: Debbie Ford
11710 Telegraph Road,
Santa Fe Springs, CA 90670
[email protected]

TITLE VI COMPLAINT
FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Santa Fe Springs Public Works Department, please complete the information below and submit this form to:

Title VI Implementation Plan City of Santa Fe Springs
Department of Public Works and Human Resources
Re: Debbie Ford
11710 Telegraph Road,
Santa Fe Springs, CA 90670
[email protected]
Name:

Address:

City:

State:

Zip Code:

Cell/Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Race
Sex
Religion
Color
Age
Sexual Orientation
1) Date(s) that alleged event(s) took place:
2) Location(s) where the alleged event(s) took place:
3) Is the alleged discrimination still ongoing?:
4) In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:
5) Please list any person(s) we may contact for additional information to provide further information for your complaint:
6) Have you filed this complaint with any other federal agency, state agency, federal court, or state court? If yes, please check all that apply:

Federal Agency
State Agency
Federal Court
State Court
National Origin
Disability
Gender Identity
Other (Please Describe):
7) Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: ___________________________________ Date:

Local Assistance Procedures Manual Exhibit 4-C
Master Agreement -- Federal-Aid Projects

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT
FOR

FEDERAL-AID PROJECTS
District Administering Agency
Agreement No. ____________
This AGREEMENT, is entered into effective this day of , 20 , by and between AGENCY NAME, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project specific “ Authorization/Agreement Summary ", herein referred to as “ E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).

2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD).

ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

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8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed projectspecific PROGRAM SUPPLEMENT.

10. If PROJECT is not on State-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES

11. If PROJECT involves work within or partially within State-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.

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15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES

18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds.

ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit-A) attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached here to). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by

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PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24.

The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT,

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ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State.

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Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement.

ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated

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within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual PROJECT cost items.

20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

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24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND

REPORTS,

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.

ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:
a. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
b. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.
c. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

ARTICLE VII - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.

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2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.

4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

6. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.

9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

10. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal

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evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.

11. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.

12. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

13. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

14. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.

15. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE.

If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT

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completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

16. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.

17. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

18. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers.

STATE OF CALIFORNIA ADMINISTERING AGENCY NAME

DEPARTMENT OF TRANSPORTATION
By By
Chief, Office of Project Implementation Representative Name & Title Division of Local Assistance (Authorized Governing Body Representative) Date Date

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EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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EXHIBIT B NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the

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acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and

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may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, sub grantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

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APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.

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ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

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APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.

Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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ITEM # 25

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: Cuong Nguyen, Director of Community Development
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HUGHES MARINO, INC. FOR REAL ESTATE CONSULTANT SERVICES DATE: June 17, 2025
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve the Professional Service Agreement (PSA) between the City of Santa Fe Springs and Hughes Marino, Inc.; and
2) Authorize the City Manager to execute the agreement and serve as the City’s representative under the agreement; and
3) Determine that the action is categorically exempt under the California Environmental Quality Act (CEQA); and
4) Take such additional, related action that may be desirable.

FISCAL IMPACT
The fiscal terms under the original PSA remain unchanged. Hughes Marino, Inc. (“Consultant”) will continue to be compensated through commissions based on successful real estate transactions, with a 2% commission of the final purchase price payable at close of escrow. No immediate budget appropriation is needed; funds will be programmed in the FY 2025–26 budget.

BACKGROUND
On April 15, 2025, the City Council approved two PSAs with Hughes Marino, Inc. to provide on-call real estate consulting services for lease and sales transactions. While approved by the City Council, the agreements were not executed by the Consultant.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
PSA with Hughes Marino, Inc. Page 2 of 3
Instead, the Consultant and the City negotiated a new agreement, focusing solely on purchases. The Consultant will support the City with property evaluations, financial analysis, and negotiations, while remaining compliant with Assembly Bill 2992 requirements for sales transactions (i.e., 90-day agreement limits unless renewed in writing).

ANALYSIS
To address clarifications and operational needs discovered after the approval of the agreements by the City Council on April 15th, staff and the Consultant have prepared a revised agreement, to be adopted by the City Council. The revised agreement does not amend the scope of services or the method of compensation but instead revised specific sections to improve clarity, compliance, and contract administration.

The following sections were revised in the new agreement:
• Section 1.7 – Clarifies term renewal procedures and timelines in alignment with AB 2992 for sales-related services.
• Section 2.6 – Updates to consultant representative language as requested for clarity.
• Section 4.1 – Revises indemnity language as recommended by our insurance provider.
• Section 4.2 – Revises indemnity language as recommended by our insurance provider.
• Section 4.4 – Revises indemnity language as recommended by our insurance provider.
• Section 4.7 – Provides additional detail on dispute resolution procedures. • Section 4.10 – Updates to language as requested for clarity. • Section 5.1 – Updates to language as requested for clarity. • Section 5.2 (E) – Updates to indemnification and limitations of liability to ensure consistency with current City policy and best practices.

The edits are administrative in nature and do not materially alter the City’s obligations or the services to be rendered. Hughes Marino, Inc. remains well-qualified and capable of fulfilling the City’s real estate needs.

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PSA with Hughes Marino, Inc. Page 3 of 3

ENVIRONMENTAL
Pursuant to CEQA Guidelines Section 15061(b)(3), the proposed action is categorically exempt from environmental review. The agreement does not result in any physical changes to the environment and do not authorize development activity.

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Upon approval, staff will execute the agreement with Hughes Marino, Inc. and distribute accordingly. Work will begin under the agreement, with staff providing regular updates to the City Manager’s Office on progress toward identifying, negotiating, and securing real property transactions in alignment with the City’s strategic objectives.

ATTACHMENT(S):

A. PSA with Hughes Marino Inc. (Sales)
1 2025

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Real Estate Consultant Services)
(Parties: Hughes Marino, Inc. and City of Santa Fe Springs)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of June 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and Hughes Marino, Inc. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires real estate broker services for the purpose of purchasing real estate properties; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, Ordinance No. 1133, which amended Chapter 34 of Title III of the Code of Santa Fe Springs, established approval authority for all purchase orders, contracts, contract amendments, and change orders, except for emergencies and public works construction projects; and
WHEREAS, Ordinance No. 1133 authorizes the City Manager with authority to approve contracts, amendments, and change orders in an amount not to exceed $50,000, provided that proper procurement procedures have been followed; and WHEREAS, the execution of this Agreement was approved by the Santa Fe Springs City Council at its Regular Meeting of June 17, 2025, under Agenda Item No. XX.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of ninety (90) days, (hereinafter, the “Term”), commencing from the Effective Date. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. CITY hereby authorizes the City Representative to enter into a separate written agreement, executed by both Parties, to renew this Agreement for up to a 90-day period, provided that all terms, conditions, and provisions remain unchanged. The City Representative may renew the Agreement up to five (5) consecutive times. If any terms, conditions, or provisions are amended, the City 2 Representative shall present the modifications to the City Council for approval prior to renewing the Agreement.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to locate and facilitate the purchase of real property in Santa Fe Springs, California. CONSULTANT shall have no authority to obligate CITY in any way (“Purchase Services”).

B. CONSULTANT shall complete the Purchase Services by:
1) Performing market evaluations and surveys
2) Negotiating purchase terms for the sale of real properties 3) Conducting financial analysis and comparisons
4) Review the purchase and sale agreement

1.3 PROSECUTION OF SERVICES:

A. CONSULTANT shall perform the Purchase Services contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Purchase Services in the manner described below and such Purchase Services is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A timeline for completing the requested services or tasks;

4. Any other information CITY deems necessary and relevant to the requested services or tasks; and

5. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall not perform any of the Purchase Services contemplated under this Agreement without a written Work Order request from the City Representative, containing the information set forth in Section

1.3(A), above;
C. CONSULTANT shall perform all assigned Purchase Services continuously and with due diligence so as to complete all assigned Purchase Services by the completion date indicated in each Work Order. CONSULTANT shall 3 cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law that may be required for Purchase Services performed under this Agreement.

1.4 COMPENSATION: For Purchase Services, once CITY successfully closes escrow for the purchase of real property, CONSULTANT shall receive a commission equal to two percent (2%) of the total purchase price (“Commission”). CONSULTANT shall be entitled to this compensation even if a sale of real property closes escrow after the termination or expiration of this Agreement.

CONSULTANT shall present Seller with an initial offer that requires Seller to pay CONSULTANT in accordance with the terms of this Agreement. If during the negotiation process, Seller counteroffers or refuses to pay for any or all of CONSULTANT’S Commission as a term for the sale of real property, CITY shall, in its sole and absolute discretion, accept, reject or otherwise direct CONSULTANT to negotiate the responsibility for CONSULTANT’S Commission for the purchase of the real property. The payment of CONSULTANT’S Commission shall be in accordance with Section 1.5(A) of this Agreement.

1.5 PAYMENT OF COMPENSATION:

A. Commission Payment. Payment of CONSULTANT’S Commission for the sale of any real property shall be paid through the close of escrow, whether the CITY or Seller is responsible for all or a portion of the payment in accordance with the escrow instructions included in the applicable purchase agreement.

B. Authorized Expenses. The CITY is not responsible for out-of-pocket expenses incurred by CONSULTANT unless previously approved by the CITY in writing (“Authorized Expenses”). If Authorized Expenses are incurred, once CITY successfully closes escrow for the purchase of real property, CONSULTANT shall submit to CITY an invoice indicating the services performed and tasks completed within fifteen (15) days of escrow closing. Within thirty (30) calendar days of the escrow closing date, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts listed on the invoice. CITY will not withhold 4 applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and reasonably examine only the records addressed by this Agreement, without charge, during CONSULTANT’s normal business hours. CITY will further have the right to audit the records addressed by this Agreement, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event that prior to the expiration or termination of this Agreement, CONSULTANT ceases to perform the Purchase Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to completion of any or all tasks set forth in the Scope of Services CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. CONSULTANT will be compensated for the Purchase Services which have been earned or performed by CONSULTANT as permitted by Section 1.5 (A), up to the time of cessation or abandonment or for reimbursement of any Authorized Expenses as permitted by Section 1.5(B). For clarity, it shall not be deemed to be cessation or abandonment or failure to perform in the event CONSULTANT ceases to perform any Purchase Services due to a breach of this Agreement by CITY.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates City Manager, René Bobadilla, or his designee (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative shall act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Alex Musetti to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative will supervise and direct the performance of the Purchase Services, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Purchase Services under this Agreement.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

A. CONSULTANT agrees to work closely with CITY staff in the performance 5 of the Purchase Services and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.

B. CITY shall at all times cooperate with CONSULTANT in a manner that provides CONSULTANT with timely and necessary responses to all questions, inquiries, documents, and approvals requested by CONSULTANT of CITY so that CONSULTANT can diligently and continuously perform the Purchase Services and tasks outlined in the Work Order and by the completion date outlined in the Work Order.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:

A. CONSULTANT will perform all Purchase Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such facilities, labor, and material as will be sufficient in the opinion of the CITY to perform the Purchase Services within the time limits established, and as provided herein. It is understood and agreed that said facilities, labor, and material shall be furnished and said Purchase Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

C. CONSULTANT will perform all Purchase Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§ 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Purchase Services to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents who may perform services under this Agreement will possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
6 G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) who may perform services under this Agreement will possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY upon request for copying and inspection.

H. The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services requested by CITY that are necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced within one (1) business day upon their discovery by either Party and shall be completed within the period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on
CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Purchase Services under the standard of care as articulated under section 2.4(A).

2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF CONSULTANT REPRESENTATIVE: CONSULTANT has represented to CITY that the Consultant Representative identified in Section 2.2 will perform and coordinate the Purchase Services under this Agreement. Should the Consultant Representative become unable to perform the Purchase Services for any reason during the term of this Agreement, CONSULTANT may substitute other personnel to act as the Consultant Representative of at least equal competence. In the event that CITY does not approve the replacement Consultant 7 Representative and CONSULTANT is unable to provide another Consultant Representative, this Agreement will terminate.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Purchase Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Purchase Services subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not violate the terms of this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Purchase Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Purchase Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If Consultant Representative or any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Purchase Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.

Department of Housing and Urbanization.
8 2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before performing any Purchase Services contemplated under this Agreement, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with 9 the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Purchase Services contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.

Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage 10 required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before performing any Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES: CITY reserves the right to modify these requirements during the term of this Agreement, including types of insurance and applicable limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. CITY shall provide CONSULTANT ninety (90) days advance written notification of such modification. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. If such modification results in a substantial additional cost to the CONSULTANT, the Parties may renegotiate CONSULTANT’S compensation or come to some other agreement to address the additional cost. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.

IV.

INDEMNIFICATION AND LIMITATION OF LIABILITY

4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, except such loss, injury, damage, claim, lawsuit, expense, attorneys’ fee, litigation cost arising from the sole negligence or willful misconduct of a City Indemnitee. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.

CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, payable to and received by the CITY, its officials, officers, employees, agents, or volunteers.
11 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY. CONSULTANT’S obligation to indemnify, defend, and hold harmless the CITY shall not exceed the amount of insurance coverage available under any applicable insurance policy held by CONSULTANT and shall be limited to the applicable policy limits, with the exception of liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s gross negligence, willful misconduct, or breach of confidentiality.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 CONSULTANT’S officers, contractors, employees, agents, and directors (hereinafter, the “Consultant Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, except such loss, injury, damage, claim, lawsuit, expenses, attorneys’ fees, litigation cost arising from the sole negligence or willful misconduct of a Consultant Indemnitee. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the Consultant Indemnitees with the fullest protection possible under the law. CITY acknowledges that CONSULTANT would not enter into this Agreement in the absence of CITY’s commitment to indemnify, defend and protect CONSULTANT as set forth herein. CITY’s obligation to indemnify shall not be restricted to insurance proceeds, if any, payable to and received by Consultant, its officers, contractors, employees, agents, and directors.

4.5 To the fullest extent permitted by law, CITY shall indemnify, hold harmless and defend the Consultant Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) directly attributed to CITY’s failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the negligence or willful misconduct of the CONSULTANT.

4.6 The obligations of CONSULTANT and CITY under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT and CITY expressly waive its statutory immunity under such statutes or laws as to 12 CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers and CONSULTANT and CONSULTANT’S officers, contractors, employees, agents, and directors.

4.7 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every contractor, subcontractor, agent or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, subject to Section 4.2 above, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s contractors, subcontractors, agents or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

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

4.9 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or expiration of this Agreement and is in addition to any other rights or remedies which the CITY or CONSULTANT may have at law or in equity.

4.10 To the fullest extent permitted by applicable law, neither Party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or business opportunities, arising out of or in connection with this Agreement or the subject matter hereof, even if advised of the possibility of such damages.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice to CONSULTANT of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated for those services and tasks which have been earned or performed by CONSULTANT up to the effective date of the termination. CONSULTANT may terminate this Agreement as provided under Section 5.2 below. If this Agreement is terminated as provided herein, CITY 13 may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.2 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event 14 of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

C. In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time according to customary business practices; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

D. CITY will cure any Event of Default asserted by CONSULTANT within thirty (30) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

E. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated for the Purchase Services which have been earned or performed by CONSULTANT pursuant to Section 1.5(A), up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement unless such breach by the CITY is the cause of CITY’s suspension as provided herein.
15 F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

Both Parties will be liable for all reasonable legal fees plus other costs and expenses that they incur upon a breach of this Agreement by the other Party or in their exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT may suspend, or terminate this Agreement, extend the time for performance, or proceed with appropriate court action to recover damages for CITY’S breach of the Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 NON-EXCLUSIVITY: This is a non-exclusive Agreement. Both CITY and CONSULTANT acknowledge that CITY may engage other parties or individuals to 16 provide Purchase Services. CONSULTANT acknowledges that CITY may contract with others for Purchase Services, and CITY acknowledges that CONSULTANT retains the right to offer Purchase Services to other clients, provided that such engagements do not conflict with the obligations under this Agreement.

6.2 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.3 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT under this Agreement or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Purchase Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.4 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3801 et seq. and the California False Claims Act, Government Code §§12650 et seq.

6.5 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:
17 Hughes Marino, Inc.
1450 Front Street,
San Diego, CA 92101
Attn: Alex Musetti
Phone: (619) 238-2111
WITH A COPY TO:

Hughes Marino, Inc.
1450 Front Street
San Diego, CA 92101
Attn: Legal
City of Santa Fe Springs
11710 E Telegraph Road
Santa Fe Springs, CA 90670
Attn: Rene Bobadilla, City Manager
Phone: (562) 868-0511, ext. 7510
WITH A COPY TO:

Olivarez Madruga Law
Organization, LLP
500 S Grand Avenue, 12th Floor
Los Angeles, CA 90071
Attn: Paloma McEvoy, Esq.

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.6 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.

6.7 SUBCONTRACTING: CONSULTANT will not subcontract any of the Purchase Services contemplated under this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.8 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.

6.9 CONFLICTS OF INTEREST:

A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18 B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.

C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.

6.10 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.11 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.12 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.13 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.14 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
19 6.15 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.16 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.17 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.18 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.19 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.20 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.21 FORCE MAJEURE: The completion deadline for any Purchase Services assigned to CONSULTANT may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay.

The CITY Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant 20 to this Section.

6.22 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.17, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF SANTA FE SPRINGS:

By:

René Bobadilla, City Manager

Date:_______________________
HUGHES MARINO, INC.

By:

Tucker Hughes
Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____

Rick Olivarez, City Attorney
Date:____________________________
ITEM # 26

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: Cuong Nguyen, Director of Community Development
SUBJECT: INITIAL QUARTERLY UPDATE – COMPREHENSIVE ZONING CODE

UPDATE PROJECT
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Receive and file this update on the Comprehensive Zoning Code Update project.

FISCAL IMPACT
None. Project costs are covered under the City’s contract with Lisa Wise Consulting, Inc (LWC).

BACKGROUND
On November 12, 2024, the City Council authorized RFP 25-8 to initiate a comprehensive update to Chapter 155 (Zoning) of the Municipal Code. The goal is to create a streamlined, user-friendly code aligned with the General Plan and best practices in land use planning.

Following a competitive selection process, the Council awarded a two-year contract to LWC on March 18, 2025. Quarterly progress updates will be provided to the City Council through project completion in Spring 2027.

PROJECT LAUNCH
The project officially began with a kick-off meeting on April 8, 2025. Key goals include:
• Streamlining the development review process;
• Conducting inclusive and meaningful outreach;
• Modernizing and simplifying the zoning code.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Comprehensive Zoning Code Update Page 2 of 4
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

A citywide tour was also conducted to help LWC understand Santa Fe Springs’ development context and challenges.

OUTREACH ACTIVITIES
Early engagement is underway, with the following activities scheduled:
• Community Workshop #1
June 10, 2025 – Town Center Hall, 6:00 p.m.

Introduce the project, gather initial feedback, and promote community involvement. • Stakeholder Interviews
June 10–11, 2025 (in-person), with virtual sessions to follow Individual meetings with key stakeholders, including available City Council members. • City Council Study Session #1
Planned for late summer
Share outreach results and identify priority issues.

NEXT STEPS
The Assessment and Recommendations Memo, due Fall 2025, will review current zoning regulations, assess consistency with the General Plan, and identify areas for improvement. This document will guide preparation of the draft code in 2026.

ENVIRONMENTAL
This update is not a project under CEQA (Section 15378(b)(5)) as it constitutes general administrative activity.

CONCLUSION
The Zoning Code Update is progressing on schedule. Community engagement and technical analysis are underway, and staff will continue providing quarterly updates throughout the project.

ATTACHMENT(S)
A. Comprehensive Zoning Code Update, Quarterly Update (June 17, 2025) Exhibit A – Project Timeline
Exhibit B – Public Outreach Program
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City Council, City of Santa Fe Springs
From: Lisa Wise Consulting, Inc. (LWC)
Date: June 17, 2025
Subject: City of Santa Fe Springs Comprehensive Zoning Code Update, Quarterly Update

OVERVIEW
This memo serves as the first of several quarterly updates to the City Council during the projected 2-year Comprehensive Zoning Code Update project (Spring 2025 to Spring 2027).

On March 18, 2025, the City of Santa Fe Springs awarded the contract for its Comprehensive Zoning Code Update to Lisa Wise Consulting, Inc. (LWC), following a competitive RFP process initiated in November 2024.

The primary objective of this initiative is to replace Chapter 155 (Zoning) of the Santa Fe Springs Municipal Code with a streamlined, modern, and user-friendly document that aligns with the City’s recently adopted General Plan and incorporates best practices in planning and development regulation.

PROJECT KICK-OFF
The project officially launched on April 8, 2025, with a kick-off meeting between City staff and LWC (collectively the “Zoning Code Update team”). Key accomplishments of this meeting included:
• Finalization of a comprehensive project schedule and outreach strategy • Agreement on core project goals:
o Streamline the Development Review Process to reduce delays and improve efficiency
o Engage the Community in a Robust Outreach Process to ensure public and stakeholder input shapes the code
o Modernize the Code to Make It More User-Friendly and accessible for all users Following the meeting, City staff led LWC on a guided tour of Santa Fe Springs. This visit helped the consultant team better understand the city’s development patterns, built environment, and zoning challenges—providing valuable context for the work ahead.

OUTREACH
Initial outreach efforts are now underway. Key activities include:
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 2 • Workshop #1 – Community Kick-Off
o Date: June 10, 2025
o Location: Town Center Hall
o Purpose: Introduce the project, gather community feedback on zoning priorities, and promote continued engagement
• Stakeholder Interviews
o Dates: June 10–11, 2025 (in-person), with virtual sessions to follow later in June
o Location: Community Development Department
o Purpose: Conduct one-on-one conversations with a broad range of stakeholders to identify issues, concerns, and ideas for improvement • City Council Study Session #1
o Date: Late Summer 2025
o Purpose: Share findings from early outreach and identify key zoning issues and opportunities for reform
These outreach efforts will inform the next phase of work and help ensure that the updated Code reflects the values and priorities of the Santa Fe Springs community.

UPCOMING KEY DELIVERABLES
The Zoning Code Update team is currently preparing the Assessment and Recommendations Memo, scheduled for delivery in Fall 2025. This foundational document will:
• Evaluate the City’s existing Zoning Code and related planning documents (e.g., overlay zones, landscape and sign guidelines)
• Assess alignment with the General Plan and compliance with state and federal laws • Identify areas of inconsistency, outdated standards, and opportunities for innovation The memo will guide the drafting of new zoning regulations beginning in 2026.

Exhibits:

A. Project Timeline
B. Public Outreach Program
City of Santa Fe Springs

COMPREHENSIVE ZONING CODE UPDATE

CITY OF SANTA FE SPRINGS COMPREHENSIVE ZONING CODE UPDATE Project Process and Timeline
What is the Update process like?
Final
Zoning Code
Draft
Regulations
Analysis &
Assessment
Framework
for a New
Zoning Code
Draft
Zoning Code

PUBLIC PARTICIPATION
What is the timeline for the Update?
City of Santa Fe Springs
Zoning Code Update
Public Outreach Program Memo
May 2025
Prepared for:

City of Santa Fe Springs
11710 East Telegraph Road
Santa Fe Springs, CA 90670
Prepared by:

Lisa Wise Consulting, Inc.
939 South Broadway, Suite 611
Los Angeles, CA 90015
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 1 Table of Contents
Introduction ................................................................................................................................................. 2 Overview of Outreach Activities................................................................................................................ 2 General Responsibilities ............................................................................................................................ 4 City……….. . ........................................................................................................................................... 4 LWC……….. ........................................................................................................................................... 4 Outreach Events.......................................................................................................................................... 5 Stakeholder Interviews ........................................................................................................................... 5 Public Workshops................................................................................................................................... 5 Joint Planning Commission/City Council Meetings ................................................................................ 6 City Council Study Sessions................................................................................................................... 6 Quarterly Updates with City Council....................................................................................................... 7 Adoption Hearings .................................................................................................................................. 7 Outreach Tools............................................................................................................................................ 8 Website Content ..................................................................................................................................... 8 Social Media ........................................................................................................................................... 8 Press Releases/Newsletters................................................................................................................... 8 Digital Billboards..................................................................................................................................... 9 Flyers…….. . ........................................................................................................................................... 9 Online Survey ......................................................................................................................................... 9 Branding ..................................................................................................................................................... 10 939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 2 Introduction
Effective public outreach in any planning process promotes awareness and understanding, creates confidence in the given project, and ensures community interests and needs are appropriately addressed in the planning products. An interactive relationship among City staff, decision-makers, interested parties, the community, and Lisa Wise Consulting, Inc. (LWC) helps lead to overall project success.

The Public Outreach Program describes public outreach events and tools that are anticipated to be used during the Zoning Code Update process. It also provides the opportunity for the City and LWC to collaborate and strategize on public engagement.

The strategy described here is intended to engage a variety of community stakeholders, including decision makers, members of the public, and City staff. As such, both traditional forms of outreach (e.g., print media) and electronic methods (via social media and other similar forums) are included. At a minimum, public outreach events will be noticed consistent with City requirements and protocol.

Overview of Outreach Activities
The Public Outreach Program incorporates a combination of techniques to gather input and engage and inform the community as effectively as possible. Key activities/outreach events of the Public Outreach Program include:
• Public Workshops (4)
• Stakeholder Interviews (up to 15)
• City Council Study Sessions (2)
• Joint Planning Commission/City Council Meetings (2)
• Quarterly Updates with City Council (8)
• Adoption Hearings (1 with Planning Commission and 1 with City Council) The following table lists public meetings, the purpose, the corresponding scope of work task, and respective timing:

Scope of
Work Task Meeting Topic/Purpose Proposed Date
A.6 Public Workshop #1 Project Kickoff and Goals Spring 2025 A.10 Stakeholder Interviews To solicit key stakeholder input early Spring 2025 A.7 City Council Study Session
#1 Project Kickoff and Goals Summer 2025
A.6 Public Workshop #2 Assessment and Recommendations Fall 2025 A.7
Joint Planning Commission
(PC)/City Council (CC)
Meeting #1
Assessment and Recommendations Fall 2025
A.6 Public Workshop #3 Policy Issues (Topics to be Discussed with Staff) Spring 2026
A.6 Public Workshop #4 Public Draft Zoning Code Release Summer 2026 A.7 Joint PC/CC Meeting #2 Public Draft Zoning Code Release Summer 2026 A.7 CC Study Session #2 Anticipated Key Revisions for Public Hearing Draft Fall 2026
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 3 Scope of
Work Task Meeting Topic/Purpose Proposed Date
A.7 Quarterly Updates to City
Council
To maintain close communication with City
Council (individual quarterly meeting topics
TBD)
Q2 2025 to Q1 2027*
E.7 PC Public Hearing Recommend Adoption Late Winter/Early Spring 2027
E.7 CC Public Hearing Adoption Spring 2027
*Note: See the section titled “Quarterly Updates with City Council” for information regarding proposed quarterly update dates.
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 4 General Responsibilities
City
The City will be responsible for coordinating, scheduling, noticing, and securing physical venues for all outreach events (workshops, study sessions, public hearings, and other outreach activities). The City is also generally responsible for preparing staff reports; distributing digital or physical flyers, handouts, event notices, printing workshop materials (e.g., posters, maps, etc.); posting digital content to City website and/or social media accounts; preparing and disseminating press releases; tracking lead times for press releases, e-newsletters, and social media posts; and posting content to digital billboards and providing refreshments (as appropriate). The City will also be responsible for providing and managing online videoconferencing platforms (e.g., Zoom, etc.) for all virtual quarterly meetings with City Council. All public email correspondence and website inquiries concerning the Zoning Code Update shall be directed to City staff, as the main point of contact. The City is also responsible for providing any translation and interpretation services, as needed. More specific City responsibilities are otherwise described in the corresponding section for each outreach event or tool.

LWC
LWC will be responsible for communicating directly with City staff throughout the project; facilitating discussion and feedback during outreach events; preparing draft and final presentations for public meetings and hearings; providing public-facing summaries of public outreach events such as workshops and study sessions; and conducting stakeholder interviews. LWC will also be responsible for the creation of agendas, presentations, and material for outreach events (e.g., posters, handouts, or flyers), material for the project webpage on the City’s website, and content for the City’s social media platforms in collaboration with City staff (e.g., indirectly with the Creative Media & Communications Divisions by way of the Community Development Department). More specific LWC responsibilities are otherwise described in the corresponding section for each outreach event or tool.
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 5 Outreach Events
Stakeholder Interviews
Format: Mixed (both in-person and virtual, by Zoom Meeting or phone call) Purpose and Objectives: The Stakeholder interviews are intended to give LWC and the City greater insight into the highest priority considerations for the Zoning Code Update from the perspective of various stakeholders. This enables the City and LWC to better understand local challenges and opportunities that may not be effectively gathered in a larger group setting. The interviews also serve to raise awareness of the project and build trust for the process.

Approach: LWC will facilitate 30-minute, individual or small-group interviews of residents, property owners, neighborhood advocacy groups, community business groups, architecture and engineering professionals, for-profit and non-profit developers, and other appropriate stakeholders. City staff will identify potential interview participants and schedule the interviews, including sending the invites. LWC will coordinate with City on the scheduling of the interviews and setting up the Zoom/conference meeting link.

LWC will provide discussion questions to the City for review prior to the interviews. Questions will be openended, allowing respondents to drive the discussion, and focused on identifying key issues, opportunities, and constraints related to the Zoning Code. Based on City staff’s feedback, LWC will finalize the stakeholder interview questions.

Confidentiality will be observed as it builds trust, protects stakeholders from real or perceived harm, and assures more accurate interview responses. Results from the interviews will be reported in aggregate form where no comment or comments can be attributed to any individual. Additionally, no personally identifiable information on stakeholders will be released in memos, reports, PowerPoint presentations, or other formats.

Findings will be integrated into the Assessment and Recommendations Memo in Task B.7.

Timing: LWC proposes that some in-person stakeholder interviews be conducted on the same date as the first workshop (Spring 2025), with additional virtual interviews trailing the same week, as needed.

Public Workshops
Format: In-person
Purpose and Objectives: LWC will conduct four in-person public workshops to provide opportunities for public involvement before and during the preparation of the Zoning Code. The workshops are intended to reach a community-wide audience in a workshop setting where LWC presents and receives feedback.

Approach: LWC will conduct the first workshop as a public kick off of the project and discuss project goals, followed by a workshop to discuss LWC’s assessment of and recommendations for the Zoning Code.

During the third workshop, LWC will seek feedback on focused policy topics, whereas the last workshop will discuss the Public Review Draft Zoning Code. One of the workshops may be held as a joint workshop for the Zoning Code Update and Downtown Specific Plan (DTSP); this will be coordinated with City staff and with the consultants for the DTSP as appropriate.

LWC will prepare a PowerPoint presentation for each workshop, which will be followed by a collaborative discussion among workshop participants, LWC, and City staff. Workshops may be held in an open-house format, which would include interactive stations for participants in lieu of a PowerPoint presentation. City staff and LWC will be engaged primarily to answer questions and facilitate discussion; otherwise emphasis will be on listening to and documenting the discussion. 939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 6 Timing: Workshops are anticipated to be held as follows:

Workshop Timeframe Topics
Workshop #1 Spring 2025 Project Kickoff and Goals
Workshop #2 Fall 2025 Assessment and Recommendations
Workshop #3 Spring 2026 Policy Issues (Topics to be discussed with staff)
Workshop #4 Summer 2026 Public Draft Zoning Code
Joint Planning Commission/City Council Meetings
Format: In-person
Purpose and Objective: Joint Planning Commission/City Council meetings provide a forum for a City’s planning agency and legislative body to be involved in the development of the Zoning Code Update prior to adoption hearings, and for each body to hear the concerns of the other members in live time. They also provide an additional meeting format for the public to be informed of the project and provide input.

Approach: LWC will conduct two joint Planning Commission/City Council study sessions. Potential topics are included under Timing, below. LWC remains flexible on focused topics for these meetings as most appropriate to support the adoption of the final Zoning Code. LWC will present and answer questions at each meeting.

Timing: Joint Commission/Council meetings are anticipated to be held as follows:

Study Session Timeframe Topics
Joint #1 Fall 2025 Assessment and Recommendations
Joint #2 Summer 2026 Public Review Draft Zoning Code
City Council Study Sessions
Format: In-person
Purpose and Objective: Study sessions provide opportunities for decision-makers to be involved in the development of the Zoning Code Update prior to adoption hearings.

They also provide an additional meeting format for the public to be informed of the project and provide input.

Approach: LWC will conduct two City Council study sessions. Potential topics are included under Timing, below. LWC remains flexible on focused topics for these study sessions as most appropriate to support the adoption of the final Zoning Code. LWC will present and answer questions at each study session.

Timing: City Council study sessions are anticipated to be held as follows:
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 7 Study Session Timeframe Topics
City Council #1 Summer 2025 Project Kickoff and Goals
City Council #2 Fall 2026 Anticipated Key Revisions for Public Hearing Draft
Quarterly Updates with City Council
Format: In-person (City staff)
Purpose and Objective: Quarterly updates with City Council promote close communication to ensure that City Council is informed and involved in the project early and often, so that the draft and final Zoning Code reflect the Council’s priorities and goals. Updates to Council also inform the community as to the project status.

Approach: Eight quarterly informational updates will be provided to City Council to discuss project progress and key code sections as appropriate. LWC will prepare a one-page memo to update the City Council and assumes that City staff will incorporate the memo into any necessary staff reports and present the update to City Council. LWC may view the update live (no interactive virtual attendance is available) and be available to follow up and answer questions with City staff.

Timing: Quarterly (from Q2 2025 to Q1 2027). Tentative dates are proposed as follows:
• Update #1: June 17, 2025
• Update #2: September 2, 2025
• Update #3: December 2, 2025
• Update #4: March 17, 2026
• Update #5: June 16, 2026
• Update #6: September 15, 2026
• Update #7: December 1, 2026
• Update #8: February 16, 2027
Adoption Hearings
Format: In-person
Purpose and Objective: The purpose of the adoption hearings is to solicit final feedback from the community and City officials, to seek the Planning Commission’s recommendation, and for the City Council to adopt the Zoning Code Update. 939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 8 Approach: LWC will prepare PowerPoint presentations for the adoption hearings and respond to questions.

LWC’s presentations will focus on the key proposed improvements and changes to the Zoning Code, clarifying how existing standards and procedures would be altered, and the rational supporting the amendments. LWC will support City staff in the preparation of staff reports and the resolution and ordinance.

Timing:
• Planning Commission: Late Winter/Early Spring 2027
• City Council: Spring 2027
Outreach Tools
Website Content
Purpose and Objective: The City’s webpage/website will serve as the primary resource for the community to access information and learn about the Zoning Code Update and opportunities to participate.

Approach: The City will create and manage a project webpage on the City website, or a separate project website, to inform the community about the project. The website will enable interested parties to sign up for notifications on upcoming events and provide a project schedule and public draft and final deliverables.

LWC will create website materials (e.g., simplified project timeline, project updates, meeting summaries, and photos/graphics) for posting on the City’s website.

Timing: The webpage should be available prior to the first outreach event/activity. LWC will submit materials for posting on the website as project deliverables are approved and as project meetings occur.

Social Media
Purpose and Objective: Social media will serve as an additional channel for promoting public engagement events and notifying the public when material is available for review.

The intent is to reach a wider audience and increase participation in the development of the Zoning Code Update.

Approach: City managed social media accounts (e.g., Instagram, Facebook, NextDoor, YouTube, etc.) will be used for social media postings. The City’s Public Information Officer will control all postings and social media activity on the City’s accounts.

Timing: Social media posts will be used throughout the project but will primarily be used to promote public engagement events (when scheduled and a reminder ahead of the event) and to provide notification when materials are available for public review. The City’s social media team prefers six weeks’ advance notice for all social media posts.

Press Releases/Newsletters
Purpose and Objective: Press releases/newsletters serve as an additional method for communicating information about key events or milestones during the project. The intent is to reach a wider audience and increase participation in the development of the updated Zoning Code.
939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 9 Approach: Press releases/newsletters are issued according to standard City protocol (e.g., e-newsletters via Constant Contact) through the City’s Public Information Officer.

Timing: Press releases/newsletters will be used throughout the project but will primarily be used to notify the community about key events or project milestones. Press releases/newsletters require advanced lead time prior to circulation.

Digital Billboards
Purpose and Objective: Digital billboards serve as an additional method for communicating information about key events or milestones during the project. The intent is to reach a wider audience and increase participation in the development of the updated Zoning Code.

Approach: The City has the ability to post project or meeting advertisements on digital billboards along the I-5 Freeway. Specifically, the City is allotted approximately 4-6 one-week posts per year for each billboard, although the City would like to be conservative in its use of digital billboard advertising for the Zoning Code Update since the City may need to use the billboards for other efforts.

Timing: The City may exercise its ability to post on digital billboards for the Zoning Code Update project, but this will be determined in consultation between City staff and LWC.

Flyers
Purpose and Objective: Flyers can reach residents that may not be otherwise informed of community workshops or other public meetings. The purpose of these would be to reach a wider audience and increase participation in the development of the updated Zoning Code.

Approach: Flyers can be posted at physical locations that may better reach certain community members.

Some typical flyer posting locations are grocery stores, transit stations or bus stops, community bulletin boards, and the library. Flyers can also be posted at City Hall and handed out at special events.

Timing: Flyers can be used throughout the process to advertise the project website and community workshops.

Online Survey
Purpose and Objectives: Surveys aim to collect feedback on the community’s interest in and familiarity with the 2040 General Plan and Zoning Code; community perspectives on key issues; and insight on how community members use or reference development regulations in the Zoning Code.

Approach: Although not currently in LWC’s project scope, and depending on the success of other outreach events, the City and LWC may consider development of an online survey in lieu of a workshop or other outreach to gather community priorities, concerns, perspectives, and feedback on topics related to the Zoning Code Update. Questions may include a mix of multiple-choice, rating scale, and one open-ended question (e.g., “Do you have anything else to add?”), with no more than 10-15 questions total.

Additionally, the survey would include demographic questions to understand the profile of the respondents.

The City will provide a summary of responses from the survey for posting on the project website. 939 South Broadway, Suite 611, Los Angeles, CA 90015 | (805) 595 1345 | lisawiseconsulting.com | 10 Confidentiality will be assured to respondents that the survey results will only be reported in aggregate format, with no individual or IP address identifiable information included in internal or external reports or communication.

Timing: To be discussed with City staff depending on the success of other outreach events.

Branding
Proposed project branding is included as a separate attachment.

SANTA FE SPRINGS
ZONING
CODE
UPDATE
Open Sans (Semibold)
Open Sans (Bold)
#231F20 #ffb000
ITEM # 27

CITY OF SANTA FE SPRINGS

ADDITIONAL APPROPRIATION OF FUNDS
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Authorize the City Manager to execute Change Order No. 1 to the contract with Kosmont Companies, Inc. to complete the Economic Development Opportunities Plan (EDOP) and conduct additional work related to the implementation of the EDOP in an aggregate amount of $75,000; and
2) Authorize the City Manager to execute Change Order No. 1 to the contract with DEODATE Corporation to complete work related to ongoing real estate services in an aggregate amount of $100,000; and
3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The proposed action requires a total appropriation of $175,000 from the Economic Development Consultant Budget within the General Fund (10103115-542050). This includes:
• $75,000 for Kosmont Companies, Inc. to finalize the Economic Development Opportunities Plan and continue implementation efforts; and • $100,000 for DEODATE Corporation to support expanded real estate program management services.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Kosmont Companies & DEODATE Corporation – Additional Appropriation of Funds

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Santa Fe Springs City CouncilJune 17, 2025

Santa Fe Springs City Council
June 17, 2025