SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 13, 2022 at
6:30 p.m.
AMENDED
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 848 8973 7770
HTTPS://US02WEB.ZOOM.US/J/84889737770
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Al Rios, Mayor
INVOCATION:
Bishop Ismael Martin del Campo, Empower Apostolic Assembly Church
PLEDGE OF ALLEGIANCE:
Steve Costley, Acting Director of Parks and Recreation
ROLL CALL:
Yodit Glaze, City Clerk
City Officials
MAYOR CITY CLERK
Al Rios Yodit Glaze
VICE MAYOR CITY TREASURER
Maria del Pilar Avalos Gregory Martinez
COUNCIL MEMBERS CITY MANAGER
Maria Davila Chris Jeffers Denise Diaz
Gil Hurtado
CITY ATTORNEY
1 Raul F. Salinas
Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
Coming Soon
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $650 monthly regardless of the amount of meetings.
Proclamations, Certificates, Introductions And Ceremonial Actions
1. Proclamation declaring September 26-30, 2022 as National Gear Up Week
The City Council will issue a Proclamation declaring September 26 - 30, 2022, as National GEAR UP Week in the City of South Gate. (CM)
Documents:
Item 1 Report 09132022.pdf
Public Hearings
2. Resolution approving the Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2021-22
The City Council will conduct a Public Hearing to consider: (CD)
a. Adopting a
Resolution _______
receiving and approving Program Year 2021-2022
2 Consolidated Annual Performance and Evaluation Report (CAPER); and b. Authorizing the City Manager, or designee, to submit to HUD the City's FY 2021-2022 CAPER.
Documents:
Item 2 Report 09132022.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
and
15 are Consent Calendar Items. All
items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
3. Resolution approving the naming the South Gate Park Municipal Auditorium as the Henry C. Gonzalez Municipal Auditorium
3 The City Council will consider: (PARKS)
a. Adopting a
Resolution _______
naming the South Gate Park Municipal Auditorium
the "Henry C. Gonzalez Municipal Auditorium"; and
b. Appropriating $20,000 from the General Fund Reserves for the purchase of a plague that will pay tribute to Henry C. Gonzalez to be placed at the Auditorium and to cover costs to change the name on the auditorium building to the "Henry C. Gonzalez Municipal Auditorium."
Documents:
Item 3 Report 09132022.pdf
4. Resolution amending Resolution No.6454 to include Crime Scene Forensic Specialist Job Spec and Salary Range
The City Council will consider adopting a
Resolution _______
amending Resolution No.
6454 (Salary Resolution and Position Classification Plan) to include a Crime Scene Forensic Specialist classification in the Police Department and updating the appropriate salary pay tables. (ADMIN SVCS)
Documents:
Item 4 Report 09132022.pdf
5. Resolution declaring the City's Intent to Grant a 5 -Year Franchise Agreement to Torrance Pipeline Company, LLC
The City Council will consider: (PW)
a. Adopting a
Resolution ________
declaring the City's intent to grant a five-year
franchise to Torrance Pipeline Company, LLC, that stipulates provisions for the use, maintenance, repair, replacement, relocation, or removal of a single pipeline beneath specified public streets, together with related appurtenances, for transmitting and distributing oil and oil products;
b. Authorizing the Mayor to execute the Resolution in a form acceptable to the City Attorney; and
c. Approving the scheduling of a Public Hearing for October 11, 2022, to consider the introduction of an Ordinance granting the proposed franchise.
Documents:
Item 5 Report 09132022.pdf
6. Amendment No. 2 with Hydroscientific West for As-Needed Tech Support Services for the SCADA System
The City Council will consider: (PW)
a. Approving
Amendment No. 2
to Contract No. 3377 with HydroScientific West to
4 provide as-needed SCADA System technical support services on a month-to-month basis for up to six months for an amount not to exceed $15,000; and b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 6 Report 09132022.pdf
7. Amendment No. 1 to Contract No. 2022-52-CC with MV Cheng & Associates for Temporary Professional Staffing Services
The City Council will consider: (ADMIN SVCS)
a
.
Approving
Amendment No. 1 to Contract No. 2022-52-CC
with MV Cheng &
Associates, retroactively effective July 1, 2022, through June 30, 2023, for temporary professional staffing services in an amount not-to-exceed $164,000; b
.
Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 7 Report 09132022.pdf
8. Agreement with Tweedy Mile Association to coordinate Azalea Car Show The City Council will consider: (PARKS)
a
.
Approving
Amendment No. 1 to Agreement
for Car Show Operations,
Contract
No. 2022-05-CC
("Agreement"), with the Tweedy Mile Association to coordinate the Azalea Car Show for the next three (3) years effective July 1, 2022 to and including June 30, 2025; and
b
.
Authorizing the Director of Parks & Recreation to execute Agreement in a form acceptable to the City Attorney.
Documents:
Item 8 Report 09132022.pdf
9. Agreement with Z&K Consultants, Inc. for Construction Management and Inspection Services for the Hollydale Community Park Project The City Council will consider: (PW)
a
.
Approving an
Agreement
with Z&K Consultants, Inc., to provide construction
management and inspection services for the construction of the Hollydale Community Park Improvement, City Project No. 607-PRK, in an amount not to exceed $438,839; and
5 b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 9 Report 09132022.pdf
10. Agreement with Magic Holiday Designs for the purchase, installation, and storage of Christmas lights on designated Tweedy Mile Business District The City Council will consider approving a Purchase Order Agreement with Magical Holiday Designs in the amount of $69,940 composed of $10,017 from the Tweedy Mile Business Improvement District (BID) Account #252-120-12-6390 and $59,923 from the General Fund, to purchase Christmas decorations for a designated area along Tweedy Boulevard within the Tweedy Mile Business District. (CM) Documents:
Item 10 Report 09132022.pdf
11. Purchase Order Agreement with Intergraphics Co., to produce the City's "Connect" Brochure
The City Council will consider: (PARKS)
a
.
Approving a Purchase Order for Intergraphics Co., to print, fold, and mail the City's newsletter/brochure the "Connect"; and
b
.
Appropriating $42,500 from the General Fund to account number 100-401-61-6301 adding to the $48,000 already budgeted for the total cost of $90,500 to produce and mail the brochure; and
c
.
Authorizing the City's Purchasing Division to issue a Purchase Order for this process in accordance with the City's purchasing policies and procedures; and d
.
Authorizing the Director of Parks & Recreation to execute any additional documents that may be required for future issues of the Connect.
Documents:
Item 11 Report 09132022.pdf
12. Notice of Completion for the SGPD Fuel Station Improvement Project The City Council will consider: (PW)
a
.
Accepting completion of construction of the SGPD Fuel Station Improvements, City Project No. 663-GEN (Project), effective September 13, 2022; and b
.
Directing the City Clerk to file the Notice of Completion with Los Angeles County Registrar Recorder's Office.
Documents:
6 Item 12 Report 09132022.pdf
13. Rejection of all BID for the construction of the Firestone Boulevard Regional Corridor Capacity Enhancement Project
The City Council will consider: (PW)
a
.
Rejecting all construction bids received on August 9, 2022, in the City Clerk's Office for the Firestone Boulevard Regional Corridor Capacity Enhancement, City Project No. 476-TRF, and
b
.
Appropriating $1 million in Measure R Funds to Account No. 311-790-31-9447 to fund roadway reconstruction on Firestone Boulevard necessary to address potential safety issues adjacent South Gate Middle School, South Gate High School, and East Los Angeles Community College satellite campus
Documents:
Item 13 Report 09132022.pdf
14. Investment Report for the Quarter ending June 30, 2022
The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended June 30, 2022. (ADMIN SVCS)
Documents:
Item 14 Report 09132022.pdf
15. Moving Regularly Scheduled City Council Meeting to November 10, 2022 to not conflict with General Municipal Election on November 8, 2022 The City Council will consider: (CLERK)
a
.
Approving the cancellation of the November 8, 2022 regularly scheduled City Council meeting; and
b
.
Calling a Special City Council Meeting for Thursday, November 10, 2022 in place of the November 8, 2022 meeting due to a scheduling conflict with the November 8, 2022 General Municipal Election.
Documents:
Item 15 Report 09132022.pdf
Reports, Recommendations And Requests
16. Calendar and Budget for City of South Gate 100th Anniversary Celebration The City Council will consider: (PARKS)
7 a
.
Receiving a report from the Ad Hoc Committee regarding the planning of the year
‐
long, citywide 100
th
Anniversary Celebration of the City of South Gate; an
b
.
Appropriating $142,000 in General Fund monies to be used in the production and activities for celebrating the City of South Gate's 100 th
Anniversary as a City.
Documents:
Item 16 Report 09132022.pdf
17. Resolution amending and restating Resolution No. 2022-22-CC, approving salary tables and benefits for unclassified Executive Management Contract Employees
The City Council will consider adopting a
Resolution
amending and restating
Resolution No. 2022-22-CC, approving updated salary tables and benefits for the unclassified Executive Management Contract Employees. (CM)
Documents:
Item 17 Report 09132022.pdf
Exhibit C -
Executive Management Benefit Schedule Updated.pdf
18. Resolution approving a Tentative Agreement for an MOU between the City of South Gate and Division Management Association effective July 1, 2021 - June 30, 2025
The City Council will consider adopting a
Resolution
approving a Tentative
Agreement for a Memorandum of Understanding ("MOU") between the City of South Gate and the South Gate Division Management Association ("DMA") for the period of July 1, 2021 through June 30, 2025. (CM)
Documents:
Item 18 Report 09132022.pdf
19. Funding for South Gate Youth Football Program
The City Council will consider: (PARKS)
a
.
Approving funding to pay for field space for the South Gate Youth Football ("SGYF") Program in an amount not to exceed $15,000; and
b
.
Appropriating $15,000 from the General Fund Reserves to account number 100- 416-61-6310 to cover the costs; and
c
.
Authorizing the Director of Parks & Recreation to execute any additional documents as may be
required to complete the payment to LAUSD on behalf of SGYF.
Documents:
Item 19 Report 09132022.pdf
8 20. Warrant Register for September 13, 2022
The City Council will consider approving the Warrant Register for September 13, 2022. (ADMIN SVCS)
Total of Checks: $14,040,630.27 Less: Voids $ 0.00 Less: Employee Payroll Deductions
$ (983,718.95)
Grand Total: $13,056,911.32
Cancellations: 98122, 98159, 97304, 97379, 97471
Documents:
Item 20 Report 09132022.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on September 7, 2022, at 4:55 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
9 Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 CITYMANASER'SOFFICE Item No. 1
SEP O & 2022
-p ,)Or7 Q' City of South Gate
CITY COUNCIL
A(J-ENDA EBJ[LL
For the Regular Meeting of September 13, 2022
Originating Department: City Manager's Office
ManagementAnalyst!Glsel,eMaresk CifflManager:
SUBJECT: PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 26 30, 2022
AS NATIONAL GEAR UP WEEK
PURPOSE: To declare September 26 through 30, 2022, as National GEAR UP Week.
RECOMMENDED ACTION: Mayor AI Rios will issue a Proclamation declaring September 26 - 30, 2022, as National GEAR UP Week in the City of South Gate.
FISCAL IMPACT: None.
ANALYSIS: For nearly two decades, the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR {JP) grant has been providing low-income, minority, and disadvantaged students with the support and resources they need to go to college despite the challenges they may face in their communities. GEAR UP 4 LA curtently works with South Gate High School Seniors and serves approximately 1,000 Ith and 1 Ith grade students.
BACKGROUND: GEAR UP 4 LA is a federally funded program that works with the same cohort of students from the time they're in middle school, all the way through their first year of college. Aside from working with students, GEAR {JP 4 LA also works with parents by providing free workshops and field trips to college campuses across Southern California.
The City Council encourages citizens to recognize the hard work and dedication of the program and to celebrate the success of the students who have utilized its resources during National GEAR UP Week.
ATT ACHMENT: Proclamation
1 11
i,l< outfi ate
fomrhefm"iorab[t
'!!affl*V
P R O' C IL- A Ml A T l) g N/
Declaring September 26 through 30, 2022 as
the Gaining Early Awareness and Readiness for Undergraduate Prograins (GEAR UP) is a federally funded, competitive grant program designed to increase the number of low-income students who are preparedto enter and succeed inpostsecondary education; and
GEAR UP serves low-income, minority, and disadvantaged students and their fainilies from underserved coirununities who might be the first person in their family to go to college; and GEAR UP proyides six- or seven-year grants to states or partnerships to deliver suppoit and resources to students and their fainilies, starting no later than the 7th grade (middle school), through high school and onward to fulfill their dreams of attaining a postsecondary education; and
GEAR UP includes intei'ventions such as tutoring, mentoring, rigorous academic preparation, financial education and college scholarships to iinprove access to igher education for low income, niority, and disadvantaged first-generation shidents and their families; and
GEAR UP 4 LA cunently serves approximately 1,000 students in I0th and l 1"' grade at South Gate Senior High; and the week of September 26, 2022, has been declared National GEAR UP Week;
OW, THEREFORE, beitproclaiinedonthis 13'hdayofSeptember2022,thatI,Al a Mayor of tlie City of Soutli Gate, on behalf of the City Council and citizens, hCei'tye'o"f'Sroouctlha'G1naSteea'ned1nebne%o2u6raIg'eocu!zhe3nOs't2oOb2e2c'oamS eNaawI'aroneaol fGtEhiAs RcoUllPegWeaeCeC"eS"'S in the cominunity.
12 CnYMANAGER'S OFFICE Item No. 2
SEP fl 1 2022
q:'tram City of South Gate
CITY COUNCIL
AGBNDABH,I,
For the Regular Meeting of September 13, 2022
Originating Department: Community Development
Department Director: City Manager:
Mer . El a a Chris ers
SUBJECT: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A
RESOLUTION APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE PROGRAM YEAR 2021-2022 AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO SUBMIT TO HUD PURPOSE: The Department of Housing and Urban Development ("HUD") requires Entitlement Cities to complete a Consolidated Annual Performance and Evaluation Report ("CAPER") annually. The attached Resolution and CAPER meet this federal requirement by describing how grant funds received from HUD were expended and identifying the goals that were accomplished during the program year 2021-2022.
RECOMMENDED ACTION: Following the conclusion of the Public Hearing, the City Council will consider:
a. Adopting the Resolution receiving and approving Program Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER); and b. Authorizing the City Manager, or designee, to submit to HUD the City's FY 2021-2022 CAPER.
FISCAL IMPACT: There is no fiscal impact to the General Fund.
NOTICING REQUIREMENTS: Advertising and notification of the Public Hearing was conducted in compliance with the Municipal Code Section 11.50.020 (Public Hearing Notification) and was published in the South Gate Press newspaper on August 25, 2022. Copies of the dra'ft CAPER were made available on the City website on the Community Development Department page for the 15-day public review period. The review period began on August 25, 2022 and ended on September 13, 2022.
ANALYSIS: The City, as a direct recipient of HUD federal funds, is required to submit a CAPER report to HIJD. TMs report presents a summary of resources made available during the program year, accomplishments based on priorities established by the Consolidated Plan, and an assessment of the City's annual performance.
1 13
The CAPER reports the accomplishments of CDBG-funded programs. Summarized below is a list of accomplishments from July 1, 2021 to June 30, 2022:
CDBG: The City of South Gate received an allocation of $1,453,467 in CDBG funds in FY 2021-
22. The total CDBG funds expended were $589,012. Accomplishments included:
@ Assisted 4 business with commercial rehabilitation @ 381 tenant/landlord issues were resolved via the Fair Housing Foundation * 201 persons were assisted via public services with CDBG funds @ 10,676 graffiti abatement assignments were completed, and staff responded to 2,389 calls. 54,000 residents in 19 census tracts benefited.
CDBG Challenges and Resolutions:
* The City planned to fund two public facilities infrastructure projects; however, the Department of Housing and Urban Development (HUD) deemed the projects ineligible, so the City reprogratnrned those funds as part of its FY 2022-2023 Annual Action Plan process.
@ The current FY 2022-23 Action Plan includes new funding to complete the South Gate Park Fence Project; :funding for Code Enforcement, Commercial Fagade, and the Business Sign & Marketing Programs; and funding to implement a Street Improvement Project in eligible census tracts.
CDBG Comparison for
FYs 2019-2020, 2020-2021, 2021-2022
12000
10,676
10000
8000
6000
4000
2000
o
12 2 4 232 235 381 256 385 201
Commercial Rehab Fair Housing Issues
Resolved
Public Services Provided Graffiti Abatement
Assignments Completed
i FY 19-20 ffl FY 20-21 a FY 21-22
2 14
a. fir al!*faNTh i ' 'il iffl ifj! iiNklal
_fy" 'Pf __U .'ffi_ j!!4!L ,! JJTh !4! !ffi_
(!,Qi"'WllmUl,mfmlall@d7't l'! 'iN!!!R%W!!'fflflD@Q%lWl'i lllfrilKaffi.affiffiffl@.) UQTF'iT'iN F.:i-r Housir:g Fotiidatior 270 : 381
Salvation Army 20 18
So. Cal Rehab 16 8
Police Explorers 20 13
Family Violence Prevemion & Education 100 j60 ,
_Food_h'is__ecu_i2_(1:74,H;QD_,lu_____________ 100
I
I 122 I
._ . . -.__.___.___l II._..._.__._____J
*m$f!1 m &>?- &I:>
CDBG-CV: The City also received, previously, $1,738,226 in supplemental CDBG Coronavirus (CDBG-CV) funding to help prepare, prevent, and respond to the COVID 19 pandemic. The City amended their 2019-2020 Aru'iual Action Plan to allocate funds to programs and activities throughout the City to help struggling residents in the cornrnunity. CDBG-CV funds expended thus far are about $1,206,758. FY 2021-22 activities included South Gate Family Violence Prevention Program, Rental Utility Assistance, Food Insecurity, and Business Assistance. Funds are still in progress with anticipated completion by June 30, 2023. Below is a summary of the accomplishments in FY 2021-22.
* 328 persons were assisted via public services with CDBG-CV funds CDBG-CV Comparison for
FYs 2019-2020, 2020-2021, 2021-2022
2,500
2,016
2,000
1,500
1,000
500
o
232 328
Persons Assisted
N FY 19-20 N FY 20-21 N FY 21-22
3 15
Senior Food Distribution
F Violence Prevention & Education
He line Youth Counselin
FoodInsec a orth
Small Business Grant
Mental Health Services
328
9 25
100
9 100
165
9 23
122
9 44
314
9 76
122
9 79
HOME: The City received $713,127 in HOME funds in FY 2021-2022. An additional $1,793,006 was available as carryover funds for a total of $2,506,133 in HOME funds. The City expended $83,772 in HOME funds.
There were no projects completed with HOME funds. Funds expended cover staff time, preparation of annual reports and plans, HOME compliance such as on-site monitoring and assisting previous Home Residential Rehabilitation and First Time Homebuyer participants.
HOME Challenges and Resolutions:
@ One of the main challenges of the residential rehabilitation program is the HUD threshold home value which is lower than the current house values for the City; making many applicants ineligible for the Home Rehabilitation Program. Staff will outreach to specific areas of the City where home values are likely to quali:ty, including the mobile home park. @ The FY 2022-23 Action Plan includes funding for two substantially large affordable housing developments. The Azure project ($700,000) is in the final agreement review and approval stage. The project will consist of 11 townhomes to be sold to eligible low-income households earning no more than 30% of LA County area median income at an affordable housing cost, with a covenant requiring affordability for not less than 55 years. The Habitat project (up to $2,000,000) is in the ENA stage and has submitted conceptual plans for staff review. The project will consist of 14 for sale townhomes with two units reserved for extremely-low income. Funds have also been programmed to continue the Residential Rehab Program and implementation of a Lead-Based Paint Abatement Program.
BACKGROUND: Each year, the City of South Gate is required to provide a report to HUD on its performance in meeting the objectives of the approved Consolidated Plan and its Annual Action Plan. This report is called the Consolidated Annual Performance and Evaluation Report ("CAPER"). Included in the CAPER is information about community development and housing activities. The report documents the City's use of federally funded Community Development Block Grant ("CDBG") and HOME Entitlement ("HOME") activities, programs, and :tunds for the recently completed fiscal year.
ATTACHMENTS: A. Proposed Resolution
B. Proposed CAPER (includes Public Hearing Notice) 4 16
ATT ACHMENT A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING THE FY 2021-2022 CONSOLIDATED
ANNUAL PERFORMANCE AND EV ALUATION REPORT (CAPER)
AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT TO THE U.S. DEP ARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
WHEREAS, the City of South Gate ("City") has applied and received Community Development Block Grant ("CDBG") and HOME Program funds from the Government of the United States under Title I of the Housing and Community Development Act of 1974; WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") is the federal agency that promulgates regulations and oversees the administration of the CDBG and HOME Program :tunds;
WHEREAS, HUD requires that entitlement jurisdictions complete an annual evaluation of their grants programs through a report known as the Consolidated Annual Performance and Evaluation Report (CAPER);
WHEREAS, City staff published a public notice announcing the availability of the CAPER and the 15-day public comment period (which is now closed) for the report in the South Gate Press newspaper on August 25, 2022; and
WHEREAS, on September 13, 2022, the City Council held a duly noticed public hearing to consider the program year 2021-2022 CAPER, attached hereto as Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby authorize the City Manager, or designee, to submit the CAPER to HUD.
SECTION 3. The City Council hereby allows staff to make minor technical modifications and/or necessary corrections to the CAPER as required by HUD.
17 SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, AJ'PROVED, and ADOPTED this 13th day of September 2022.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
18 Attachment B
City of
South
(,ate-
Consolidated Annual Performance Evaluation Report
CAPER
FY 2021-2022
Community Development Department
CAPER
OMB Control No: 2506-0117 (exp. C!]/30/2021)
19 Table of Contents
CR-05 - Goals and Outcomes
CR-10 - Racial and Ethnic composition of families assisted.
CR-15 - Resources and Investments 91.520(a)
CR-20 - Affordable Housing 91.520(b)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) CR-30 - Public Housing 91.220(h); 91.320(j)..
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).
CR-40 - Monitoring 91.220 and 91.230................
CR-45 - CDBG 91.520(C) ......... ...... .. ...... .
CR-50 - HOME 91.520(d)
CR-58 - Section 3
CAPER
OMB Control No: 2506-0117 iexp. 09/30/2021)
20 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
For the 2021-2022 Program Year, the City of South Gate (City) received Community Development Block Grant Program (CDBG) funds and Home Investment Partnerships Program (HOME) funds to facilitate accomplishing the goals set by the u.s. Department of Housing and Urban Development (HUD). As part of the application and allocation process for these federal funds, the City must prepare and submit the Consolidated Annual Performance and Evaluation Report (CAPER). This report presents a summary of resources made available during the program year, accomplishments based on priorities established by the Consolidated Plan and documented in the 2021-2022 Annual Action Plan, and an assessment of the City's annual performance toward meeting its five-year goals.
The City's mission is to enhance the quality of life for all its residents by maximizing the use of available resources to assure the availability of safe, decent, and affordable housing. This report reviews how the City achieved its housing goals by providing rehabilitation loans to South Gate homeowners using HOME funds. In addition, how the goals of the non-housing priorities of public service programs were met. All CDBG funds except for Planning/Administration, were used for activities that benefited low-and- moderate-income persons.
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
21 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if appli :able, why progress was not made toward meeting goals and okijectives. 91.520(g) Goal Category Source /
Amount
Indicator
Unit of
Measure
Expected
Strategic
Plan
Actual -
Strategic
Plan
Percent
Complete
Expected
Program
Year
Actual -
Program
Year
Percent
Complete
Administration
Program
Administration
CDBG:
S270,976
HOME:
S71,313
Other Other 1 1 100% 1 1 100%
Fair Housing Fair Housing
CDBG:
S24,000
Other
Persons
Assisted
1350 651 48% 250 381 141%
Public Services
Non-Housing
Community
Development
Public Services
CDBG: S
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
1225 272 22% 70 201 287%
Commercial
Rehabilitation
Non-Housing
Community
Development
CDBG: SO
Facade
treatment/business
building rehabilitation
BusineSS i 70 4 6% ISI/A 4 100%
Housing
Affordable
Housing
CDBG:
SIO0,000
HOME:
52,506,133
Homeowner Housing
Rehabilitated
Household
Housing
Unit
30 o O.OO% 10 o O.OO%
Infrastructure
and Public
Facility
Non-Housing
Community
Development
CDBG:
S861,890
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100000 o O.OO% N/A N/A N/A
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
22 Economic
Development
Non-Housing
Community
Development
CDBG: SO Jobs created/retained Jobs 140 o O.OO% N/A N/A N/A Table 1- Accomplishments - Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
For FY 2021-2020 the City prioritized funding public services and infrastructure improvement projects that would serve the City's community members. Via its partnerships with local community organizations, the City was able to more than double meeting its goals for public services. As part of its public service activities, the City offered a food insecurity program that assisted 122 South Gate households to access weekly grocery deliveries.
The City planned to fund two public facilities infrastructure projects however it was unable to secure final project approval from the Department of Housing and Urban Development (HUD) so the City chose to reprogram those funds as part of its FY 2022-2023 Annual Action Plan process.
The City partners with the Fair Housing Foundation to provide fair housing services to its residents. For this reporting period the Fair Housing Foundation assisted 381 unduplicated South Gate residents with housing issues like rent increases, evictions fair housing.
They also provided information via workshops and by dropping off information at the library and with organizations in the area.
TheCitywasabletocompletefour(4)commercialrehabilitationprograms. HOMErehabilitationshavebeenachallengefortheCity to complete. One of the main challenges is that the rehabilitation home value threshold is lower than most of the current house values for the City, making many of applicants ineligible for the Home Rehabilitation Program.
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
23 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 520 o
Black or African American 3 o
Asian o o
American Indian or American Native 4 o
Native Hawaiian or Other Pacific Islander 1 o
Other: Multi Racial 50 o
Declined to Answer 4 o
Total 582 o
Hispanic 548 o
Not Hispanic 34 o
Table 2 - Table of assistance to racial and ethnic populations by source of funds Narrative
For FY 2021-2022, the City's Public Service programs comprised of various nonprofits and programs that provided public service activities to low- and moderate- income-eligible households.
Public Service program data outlined in Table 2 included the CDBG activities carried out in Program Year 2021-2022. CDBG public service activities funded in Program Year 2021-2022 included the Salvation Army who served eight (8) people, the Southern California Rehabilitation services who increased the accessibility for eight (8) people, the South Gate Police Explorers who supported three (3) youth, the South Gate Family Violence Prevention Program who assisted 60 participants, and the South Gate Food Insecurity Program who provided recurring grocery deliveries to 122 South Gate households.
Unfortunately, due to challenges with finding eligible applicants the HOME Rehabilitation Program did not complete any projects. As part of its Program Year 2022-2023 Annual Action Plan the City allocated HOME funds to larger affordable housing projects to ensure that it continues to make affordable housing for residents a priority and that funds are expended in a timely manner.
The City of South Gate previously received a total of a total of !>1,738,226 of supplemental CDBG- Coronavirus (CDBG-CV) funds to use to prepare, prevent, and respond to the Coronavirus pandemic (COVID-19). The City chose to amend their 2019-2020 Annual Action Plan to program their CDBG-CV funds and funded several activities to help support their residents through the coronavirus pandemic.
Programs that continued to offer services included the South Gate Family Violence Prevention Program, Rental Utility Assistance, Food Insecurity, and Business Assistance.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
24 CR-15 Resources and Investments 91.520(a)
Identify the resources mme available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal Sl,47 4,886 S589,012
HOME public - federal S2,506,133 S83,772
Table 3 - Resource= Made Available
Narrative
For Program Year 2021-2022, the City received Sl,474,886 in Community Development Block Grant (CDBG) and had S2,506,133 in HOME Investment Partnership funds (HOME) available.
Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 100 Other
Eligible Target Areas
Census Tracts/Block
Groups
Table 4 - Identify the geographic distribution and location of investments Narrative
To address the needs of all residents and expand its impact, the City does not focus on specific geographic areas, instead they distribute its CDBG and HOME funded investments Citywide. CDBG funded supportive services are designed to meet CDBG national objectives with a focus on benefiting low and moderate-income persons.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
25 Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Leveraged Resources
The following other Federal and Non-Federal funding sources were used to leverage funds allocated to activities: General Funds; Gas Tax; Water Funds; Sewer Funds; Metropolitan Transit Authority Funds; Measure R Funds; Housing Choice Voucher Funds (HCV).
The City of South Gate utilized its General Fund to leverage CDBG funds for its Graffiti Abatement Programs. The City uses gas tax, water funds, sewer funds, and other resources to address public infrastructure needs. In addition to these sources, public service subrecipients used private and other funds to leverage the City's CDBG Program funds.
HOME Match
As a recipient of HOME funds, the City is required to make non-Federal financial contributions to projects that qualify as affordable housing under the HOME Program. Annually, the match contributions must total a minimum of 25% ofthe HOME funds expended from the City's HOME entitlement amount (less administration costs), unless the City has received a reduction in the match requirement.
The HOME statute provides for a reduction of the matching contribution requirement under two criteria for fiscal and severe fiscal distress for local PJs:
1) Family poverty rate, and/or
2) Per capita income (PCI)
When a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of the match. If a local jurisdiction satisfies both distress criteria, it is determined to be in severe fiscal distress and receives a 100 percent reduction of the match. The City of South Gate meets both distress criteria and, therefore, receives a 100 percent reduction of the match.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
26 Fiscal Year Summary - HOME Match
1. Excess match from prior Federal fiscal year o
2. Match contributed during current Federal fiscal year o
3.Total match available for current Federal fiscal year (Line 1 plus Line 2) o
4. Match liability for current Federal fiscal year o
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) o Table 5 - Fiscal Year Summary - HOME Match Report
CAPER 9
OMB Control No: 2506-0117 exp. 0!)/30/2021
27 Match Contribution for the Federal Fiscal Year Project
No. or
Other ID
Date of
Contribut
ion
Cash
(non-
Federal
sources)
Foregone
Taxes,
Fees,
Charges
Appraise
d
Land/Rea
I
Property
Required
Infrastruc
ture
Site
Preparati
On,
Construct
ion
Materials
Donated
labor
Bond
Financing
Total
Match
o o o o o o o o o
Table 6 - Match Contriiution for the Federal Fis:al Year HOME MBE/WBE report
Program Income - Enter the program amounts for the reporting period Balance on hand
at beginning of
reporting period
S
Amount received
during reporting
period
S
Total amount
expended during
reporting period
S
Amount
expended for
TBRA
S
Balance on hand
at end of
reporting period
S
o o o o o
Tattle 7 - Program Incomc
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
28 Minority Business Enterprises and Women Business Enterprises-Indicate the number and dollar value of conti'acts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Number o o o o o o
Dollar
Amount
o o o o o o
Sub-Contracts
Number o o o o o o
Dollar
Amount
o o o o o o
Total Women
Business
Enterprises
Male
Contracts
Number o o o
Dollar
Amount
o o o
Sub-Contract;i
Number o o o
Dollar
Amount
o o o
Tible 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property - Indicate the number of HOME assisted rental property owners and the total amount cf HOME funds in these rental properties assisted Total Minority Pro3ierty Owners White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number o o o o o o
Dollar
Amount
o o o o o o
Table 9 - M.nority Owners o'5 Rental Property
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
29 Relocation and Real Property Acquisition-Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired o o
Businesses Displaced o o
Nonprofit Organizations
Displaced
o o
Households Temporarily
Relocated, not Displaced
o o
Households
Displaced
Total Minority Property Enterprises White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number o o o o o o
Cost o o o o o o
Table 10 - Relocition and Real Property Acquisition
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
30 CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units o o
Number of Non-Homeless households to be
provided affordable housing units 10 o
Number of Special-Needs households to be
provided affordable housing units o o
Total 10 o
Table II - Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance o o
Number of households supported through
The Production of New Units o o
Number of households supported through
Rehab of Existing Units 10 o
Number of households supported through
Acquisition of Existing Units o o
Total 10 o
Table 12 - Number of Households Supported
DiScuSS the difference between goals and outcomes and problems encountered in meeting these goals.
The City allocated HOME funds for a Home Rehabilitation Program. This Program is for income-qualified applicants, offering a zero percent interest deferred loan for improvements to their property and to bring their dwelling up to code.
During program year 2021-2022, the City's Home Rehabilitation Program experienced challenges finding eligible program participants. There is a continued need for this type of program in the City as the CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
31 program does receive frequent inquiries. However, the challenges the program has faced include applicants being over the eligible income threshold or the current home value being higher than the eligible HUD after-rehabilitation value.
To support affordable housing efforts for its residents the City of South Gate offers the following programs:
* HomeRehabilitationProgram-AHOMEfundedprogramthatoffersdeferredloanstoincome- qualified residents.
Section 8 Housing Choice Voucher (HCV) Program - The South Gate Housing Authority administers the Housing Choice Voucher Program providing rental assistance to very-low- income families, the disabled, and the elderly for them to access affordable decent, safe, and sanitary housing in the City of South Gate's private sector.
Discuss how these outcomes will impact future annual action plans.
Outcomes of the prior 5-year report period impact future Annual Action Plans as they assess the City's success in meeting established goals and outcomes. As the City experienced many challenges with it Homeowner Rehabilitation Program it acknowledges that extra efforts are needed to continue to offer affordable housing options forits residents and make the most effective use of its CDBG and HOME funds. As a result of these challenges the City programmed two affordable housing projects as part of if Program Year 2022-2022 Annual Action Plan to help increase affordable housing options in the City.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual
Extremely Low-income 344 o
Low-income 189 o
Moderate-income 49 o
Total 582 o
Table 13 - Number of Households Seived
Narrative Information
The numbers in Table 13 reflect the number of low-income persons served by CDBG-funded activities.
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
32 During Program Year 2021-2022, the following three (3) CDBG activities served individuals at the Extremely Low to moderate-income level:
Fair Housing Foundation: 381 people
Salvation Army:8 people
Southern California Rehabilitation Services:8 people Police Explorers:3 youth
Family Violence Prevention & Education Program:60 people Food Insecurity: 122 households
CAPER
OMB Control No: 2506-0117 iexp. 09/30/2021)
33 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of South Gate plans, coordinates, and organizes strategies to assist the City's homeless population in collaboration with other public and private organizations. The County of Los Angeles, through the Los Angeles Homeless Services Authority (LAHSA), has the primary responsibility for providing regional homeless services. Individuals and families who do not qualify as South Gate residents are referred to People Assisting the Homeless (PATH) for screening and services intake.
The South Gate Police Department, in cooperation with the Salvation Army Bell Shelter, operates a homeless outreach program that consists of a mobile outreach team. Police Department Liaison and personnel from the Bell Shelter coordinate street outreach efforts by vehicle and on foot. Street outreach, case management, and referrals are provided to homeless families and individuals through this Program. Homeless clients are guided in identifying barriers to overcoming homelessness and developing a plan to address these challenges. The team then assists clients at a highly supportive level to address those needs, including accessing mainstream services, increasing income, developing self- determination, and accessing shelter and housing. The City allocates some of its CDBG funds towards the Salvation Army Bell Shelter.
Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army Bell Shelter provides both emergency shelter and temporary shelter to people experiencing homelessness. The shelter provides case management and other homelessness services.
Homeless clients are guided in identifying barriers to overcoming homelessness and assisted in developing a plan to overcome these barriers. The team then assists clients at a highly supportive level to address those needs, including accessing mainstream services, increasing income, and developing self-determination.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of South Gate partners and coordinates with local nonprofit agencies, churches, and CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
34 subrecipient agencies to assist the City's vulnerable populations, especially those at risk of becoming homeless. The City of South Gate's homeless prevention plan includes assisting those discharged from public institutions, health facilities, foster care.
The City allocated CDBG funds to various public service organizations to address the multi-needs of low- income families and increase housing stability. Programs that the City funded during Program Year 2021- 2022 included the Fair Housing Foundation which directly works with residents and landlords to address housing issues including discriminatory claims, rent increases, and evictions. The Salvation Army is a local shelter that provides shelter, case management, and other resources for those experiencing homelessness. The Family Violence Prevention and Education Program assists victims of domestic violence seek resources to escape their situations while the Police Explorers offers structured activities and mentorship to keep youth engaged. Lastly this Program Year, the City offered a Food Insecurity Program that delivered groceries to 122 households, which helped increase their food security and housing stability.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
To assist the people experiencing chronic homelessness, the City collaborates with local and county agencies, including law enforcement, social services, mental health, public health, and community services. Efforts to assist the chronic homeless include street outreach for initial contact, referral to PATH or Salvation Army Bell Shelter for case management, homelessness services, and ultimately partnering with property owners to help people who are homeless in locating permanent housing.
CAPER 17
OMB Control No: 2506-0117 (exp. 0!)/30/2021)
35 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing The City does not administer public housing programs.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City does not administer public housing programs.
Actions taken to provide assistance to troubled PHAs The City does not administer public housing programs.
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
36 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City continues to pursue the following course of action to eliminate any negative effects that may result from public policies:
* Maintain dialogue with developers, residents, and nonprofit organizations involved in housing projects to assist South Gate in making the best planning, infrastructure, and development decisions.
* Continuetoworktowardincreasingpublicawarenessandacceptanceoftheneedforaffordable housing throughout the City
* Research housing programs and determine feasibility with consideration of the current housing market and funding for programs
* Develop and update the City's affordable housing plan Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of South Gate continues to expend CDBG funds on various activities that meet underserved needs. These programs provided new or expanded accessibility, affordability, sustainability to decent housing, improved public facilities, and a suitable living environment for low-income persons. Such programs include housing rehabilitation programs, health, public services, and fair housing services.
To address the continuing needs of the underserved community, the City promotes its housing and community service programs citywide in both English and Spanish using the Chamber of Commerce, local newspapers, city newsletter, City website, and community events to promote all services and programs to low-income residents of South Gate.
During the 2021-2022 program year, the City provided CDBG funds to several social service organizations and City departments that addressed the underserved needs of the homeless, battered families, disabled individuals, youth.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-based paint hazard education is distributed through various City efforts which include, Section 8 Housing Choice Voucher (HCV) inspections, distribution of pamphlets (E.g., Protect Your Family From Lead In Your Homer, among other pamphlets and announcements, on the City Website. All CDBG, HOME, and HCV funded housing programs and projects have incorporated lead-based paint hazard reduction efforts such as conducting inspections and assessments on all properties built before January CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
37 1st, 1978, to test for lead. When units test positive for lead, certified contractors are hired for remediation and abatement of the lead.
As part of the City's Program Year 2022-2023 Annual Action Plan the City plans to implement a Lead- Based Abatement Program that will assist residents address and abatement lead payment in their homes, which will increase the quality ofliving for City residents.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City did the following during Program Year 2021-2022 to reduce the number of poverty-level families:
Funded a food insecurity program to ensure families had access to food consistently * Funded the Family Violence Prevention and Education Program to assist persons and families experiencing domestic violence and finding resources * Contracted with the Fair Housing Foundation to assist with housing and tenancy iSSues to prevent evictions, address housing discrimination, and increase housing stability Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's efforts to eliminate institutional gaps and enhance coordination of programs includes working closely with other governmental entities to determine households' critical needs based on limited resources and expanding demand for services. The City continues its outreach efforts through public meetings and public hearings with the Citizens Advisory Committee to solicit public comments on the distribution of CDBG funds.
As part of its grant administration, the City monitors its subrecipients' performance in meeting both resident needs and program and CDBG compliance.
The City will continue to fund the Fair Housing Foundation to promote, educate, and enforce fair housing in the community.
The City will continue to coordinate and share ideas with residents, affordable housing providers, other local government entities, and social service agencies to maximize planned activities' effectiveness. The City will also continue to coordinate services, as appropriate, with surrounding HUD entitlement communities.
The City encourages intra- and inter-departmental discussions to identify effective service delivery options and ideas. Within the Community Development Department, staff conducts regular monthly meetings to discuss projects and programs. Through daily contact and working relations, staff continue to implement programs and services, provide sufficient financial resources, and track concerns. This process allows easy access to tracking building activities, housing conditions, code requirements, zoning, CAPER 20
OMB Control No: 2506-0117 iexp. 09/30/2021)
38 and other demographic data.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City has developed an inventory of public and private housing, health, and social services agencies. The City regularly updates the inventory and maintains a point of contact for each agency. Additionally, the City obtains the agency-specific 5-Year Consolidated and Annual Action Plans and maintains these plans in a resource binder to facilitate coordination in future program years.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) HUD regulations require that the City prepare an Analysis oflmpediments to Fair Housing choice (Al) every five years. In 2020 the City updated its Al; it includes the City's Fair Housing Action Plan, which outlines the City's actions to eliminate ameliorate impediments to fair housing issues and choice. As part of its Fair Housing Action Plan, the City identified the following actions to overcome the effects of impediments identified:
* Continue to work with housing providers to build housing in areas near jobs, commercial amenities, public facilities, and public transit.
* Continue to work with housing providers to avoid concentrating affordable housing in any one area of the City.
* Continue to implement revitalization plans in older, lower income neighborhoods. * Continue to proactively address affordable housing at risk of losing rent restrictions by engaging local HUD field office, property owners, and local housing providers.
Continue to work with the Rancho Southeast Association of Realtors to educate their members about their responsibilities and rights under Fair Housing Law. * Continue CDBG funding for Fair Housing Foundation to implement the City's Fair Housing Program to educate tenants, landlords and the general public. * Continuetopromotetheeducationofthegeneralpublicontheissueoffairhousing. * Work with Fair Housing Foundation to update information related to fair housing for the community.
* Continue to gather data for the ongoing process of updating this document and monitoring the fair housing situation in South Gate.
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
39 CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
At the beginning of the program year, City staff meets with all CDBG and HOME funded project managers to discuss the reporting requirements and the monitoring. Every quarter, program providers are required to provide progress reports, which are reviewed for progress and compliance.
During the year, a site review is held with all the program providers. An entrance interview is held with key representatives to review the program's purpose, scope, objectives, and goals. During the review, HUD required records and information is reviewed and/or collected. The review ends with an exit conference to present preliminary results of the monitoring, this provides an opportunity to discuss program compliance and reporting concerns. At this point the program provider can also share steps being taken to address areas of non-compliance or non-performance. Formal notification of the monitoring review results is sent to the program provider, which creates a permanent written record, an outline of any concerns and/or findings, and sets deadlines for a written response and corrective actions. The Monitor is responsible for providing technical assistance to ensure that the programs are productive and in compliance with federal regulations. Staff continuously monitors programs and activities to comply with city, state, and federal regulations and policies with a focus on:
Financial Standards and Procedures - Community Development staff and the City's accounting division work closely to ensure funds drawn through IDIS are used for authorized activities on approved projects. Activity agreements, expense documentation, and approvals must be in place before funds are expended.
* Environmental Standards and Procedures - All projects and individual activities requiring environmental reviews per HUD regulations are completed before funding approval. Staff completed the appropriate Environmental Reviews for all CDBG and HOME programs. * Labor Standards and Procedures - Labor standards are monitored by Community Development, and Public Works staff and outside consultants. Labor requirements are included in all bid documents and reviewed again during the pre-construction meeting.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City has ensured that it has complied with its HUD-approved Citizen Participation Plan. This plan ensures that the City provides the public with sufficient notice and opportunities to review and comment on actions affecting the City's Consolidated Plan, Annual Action Plans, and CAPERs.
CAPER 22
OMB Control No: 2506-0117 iexp. 09/30/2021)
40 The City publishes a Notice of Public Hearing and a 15-day comment period to receive comments on the CAPER in the South Gate Press on August 25, 2022. To ensure that all City residents had the opportunity to make comments, the Notice included the date and time of the hearing, availability of the CAPER for review, the timeframe of the comment period, and details on how to submit their comment(s). The comment period commenced on August 25, 2022, and ended on September 13, 2022; the public hearing was held on September 13, 2022.
CAPER 23
OMB Control No: 2506-0117 iexp. 09/30/2021)
41 CR-45 - CDBG 91.520(C)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City did not find the need to make any changes to the program objectives identified in the City's Consolidated Plan. However, as part of the 2021-2022 Program Year the City originally intended to fund two public facilities improvement projects but these projects did not move forward. As part of the Program Year 2022-2023 Annual Action Plan the City opted to reprogram these funds to other programs that would better benefit the public.
Does this jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No, it does not.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
CAPER 24
OMB Control No: 2506-0117 iexp. 09/30/2021)
42 CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
In FY 21-22 the City completed desk and onsite unit inspections for thirteen (13) rental HOME-Assisted properties. The City created a schedule and coordinated with property managers (American Family Housing, HOPE, SG Realty and Newstart) verify compliance with the Department of Housing and Urban Development (HUD) HOME regulations. The monitoring included the review of relevant tenant, maintenance, financial, and administrative files. The monitoring team also reviewed property standards and compared them to HUD requirements and other applicable regulations.
Findings noted during the monitoring for one particular property included tenants not having enough source documentation or lease agreements in their tenant files. Additionally, property management did not provide the City with a copy of the most recent independent financial audit or a copy of their budget at the time of the monitoring. As a corrective action, the City asked for them to submit all pending documents, which they were able to provide. The affordability period for this property has now ended.
During the monitoring and inspection of a different property the monitoring team found them in compliance with income and rent restrictions but did note some areas of concern. Concerns noted included the collection of income source documentation and income calculations which were later provided by property management and corrected within 30 days of the initial report letter. Minor repairs were needed for a couple of units, but these were also attended to by the property management in a timely manner.
During the desk monitoring for another property, it was noted that eight (8) units were missing income source documents in their files and that another tenant's income was incorrectly calculated. As a corrective action, the City requested that the appropriate income source documentation be submitted and that accurate income calculations recertifications of the units be listed in the report.
Desk monitoring and unit inspections of the last property found that the property was in compliance with tenant income, rent limits, and property standards. No areas of concern were identified.
The City of South Gate will continue to inspect units and monitor property management to ensure ongoing compliance with HUD HOME regulations.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
CAPER 25
OMB Control No: 2506-0117 iexp. 09/30/2021)
43 For all HOME funded rental projects, the City has obtained, reviewed, and approved Marketing Plans and Tenant Leases for compliance with HOME Program regulations.
Refer to 1015 reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics There was no program income reported for FY 2021-2022 for CDBG or HOME programs.
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
44 CR-58 - Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG
Total Number of Activities o
Total Labor Hours o
Total Section 3 Worker Hours o
Total Targeted Section 3 Worker Hours o
Table 14 - Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG Outreach efforts to generate job applicants who are Public Housing Targeted Workers
o
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
o
Direct, on-the job training (inc!uding apprenticeships). o Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
o
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
o
Outreach efforts to identify and secure bids from Section 3 business concerns.
o
Technical assistance to help Section 3 business concerns understand and bid on contracts.
o
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
o
Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.
o
Held one or more job fairs. o
Provided or connected residents with supportive services that can provide direct services or referrals.
o
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. o
Assisted residents with finding child care. o
Assisted residents to apply for, or attend community college or a four year educational institution.
o
Assisted residents to apply for, or attend vocational/technical training. o Assisted residents to obtain financial literacy training and/or coaching. o Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
o
Provided or connected residents with training on computer use or online technologies.
o
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. o
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121 (e)(2) of the Workforce Innovation and Opportunity Act.
o
Other. o
Table 15 - Qualitative Efforts - Number of Activities by Program CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
45 Narrative
The City did not have active Section 3 eligible activities for Program Year 2021-2022.
CAPER 28
OMB Control No: 2506-0117 iexp. 09/30/2021)
46 CITYMANAGER'S OFFICE Item No. 3
SEP 0 6 2022
'L;'.';aE)(m,'
Cid of South Gate
CITY COUNCIL
AGENDA JaLL
For the Regular Meeting of: September 13, 2022
Originating Depaitment: Parks & Recreation
Steve Costley
City Manager:
o'(fers
STJBJECT: RESOLUTION NAMING THE SOUTH GATE PARK MUNICIPAL AUDITORIUM THE "HENRY C. GONZALEZ MUNICIPAL AUDITORIUM" PURPOSE: To recognize former Mayor Henry C. Gonzalez and his many years of service to the South Gate community and his service on the City Council by naming the South Gate Park Municipal Auditorium after him.
RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution naming the South Gate Park Municipal Auditorium the "Henry C.
Gonzalez Municipal Auditorium"; and
b. Appropriating $20,000 from the General Fund Reserves for the purchase of a plague that will pay tribute to Henry C. Gonzalez to be placed at the Auditorium and to cover costs to change the name on the auditorium building to the "Henry C. Gonzalez Municipal Auditorium." FISCAL IMPACT: $20,000 is being requested from General Fund Reserves to cover the cost of the plaque and signage on the auditorium.
ANALYSIS: This item was requested to be placed on the agenda for the Council Meeting of July 26, 2022, by Mayor Al Rios and Council Member Maria Davila. The item was continued to August 9, 2022.
At the August 9, 2022 City Council meeting, the City Council heard a presentation given by Mayor Rios and Council Member Davila on recognizing former Mayor Henry C. Gonzalez for his service to the community in general and 27-years serving on the South Gate City Council. After receiving input from the public and the Gonzalez family, the City Council unanimously voted to direct staff to place on a future agenda a resolution which would formally name the South Gate Municipal Auditorium as the "Heru'y C. Gonzalez Municipal Auditorium."
The attached resolution will formally adopt that change and appropriate funds to provide a plague along with appropriate signage.
BACKGROUND: Former Mayor Henry C. Gonzalez was first elected to the South Gate City Council in April 1982, which started his historic 27-year career as an elected official. In 1983, he made histoiy by becoming the first Latino to serve as Mayor of the City of South Gate, a position he would ultimately hold a total of seven times during his career on the South Gate City Council. l
47 Former Mayor Gonzalez also dedicated his life to supporting the youth in the community. He founded the South Gate High School Booster Club and the South Gate Youth Football program. He also served as the District Chaiiman for the Boy Scouts of America.
Former Mayor Gonzalez touched numerous lives and was known as a beacon of light, setting the highest standards for political ethics and integrity in the region and fought to keep South Gate free of cornipt influence during his entire career.
Many residents of South Gate have voiced their support for the naming of the auditorium after former Mayor Gonzalez as well as leaders from Congress, the State Assembly, and the County Board of Supervisors
ATTACHMENT: Proposed Resolution
2 48
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COTJNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,
CALIFORNIA, NAMING THE SOUTH GATE MUNICIPAL AUDITORIUM THE "HENRY C. GONZALEZ MUNICIPAL AtJDITORIUM"
WHEREAS, Henry C. Gonzalez was first elected to the South Gate City Council in April 1982, which started his historic 27-year career as an elected official; WHEREAS, in 1983, Mr. Gonzalez made history by becoming the first Latino to serve as mayor of the City of South Gate, a position he would ultimately hold a total of seven (7) times during his career on the South Gate City Council;
WHEREAS, Former Mayor Gonzalez dedicated his life to supporting the youth in the community. He founded the South Gate High School Booster Club and the South Gate Youth Football program. He also served as the District Chairman for the Boy Scouts of America; WHEREAS, Former Mayor Gonzalez touched lives and was known as a beacon of light, setting highest standards for political ethics and integrity in the region and fought to keep South Gate free of cornipt influence during his entire career; and WHEREAS, the request to honor former Mayor Heruy C. Gonzalez by naming one of his favorite civic facilities after him has received support from many of the residents of South Gate as well as leaders from Congress, the State Assembly, and the County Board of Supervisors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby acla'iowledge former Mayor Hemy C. Gonzalez's commitment to serve the residents of South Gate and his 27-years of service as an elected official and therefore adopts this Resolution naming (on a non-exclusive basis) the South Gate Municipal Auditorium the "Heruy C. Gonzalez Municipal Auditorium." [Remainder of page left blank intentionally.]
Page l of 2
49 SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 13th day of September 2022.
CITY OF SOUTH GATE:
By:
AI Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAI,)
APPRO AS T
IF. Salinas, City Attorney
50 CITYMANAGER'S OFFICE Item No. 4
SEP 01 2022
C'dy of South Gate
CITY COUNCIL
AGENDA IB'[LL
For the Regular Meeting of: September 13, 2022
Originating Department: Administrative Services
2 dmitxistrative Services Director: ' City Manager:
Kristo her Chris'e 4rs
SUBJF,CT: RESOLUTION AMENDING RESOLUTION NO. 6454 (SALARY
RESOLUTION AND POSITION CLASSIFICATION PLAN) TO AJ'PROVE THE JOB
CLASSIFICATION SPECIFICATION FOR THE CRIME SCENE FORENSIC
SPECIALIST
PURPOSE: To approve the job specification for the Crime Scene Forensic Specialist and update the salary pay tables to include the position.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to include a Crime Scene Forensic Specialist classification in the Police Department and updating the appropriate salaiy pay tables.
FISCAL IMPACT: There is no additional fiscal impact for the Crime Scene Forensic Specialist; funds were approved by the City Council in the Fiscal Year 2021-22 Budget and funding for the position will be included in the Fiscal Year 2022-23 Budget.
ANALYSIS: None.
BACKGROUND: The City must, from time; to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments.
The Crime Scene Forensic Specialist position in the Police Department was approved in the Fiscal Year 2021-22 budget and is a new classification. A job classification specification and pay range has been developed for the position and requires Council approval.
Human Resources staff worked with the Police Department to develop the job specification for the Crime Scene Forensic Specialist position. Staff also corresponded with the Professional Mid- Management Association (PMMA) Board Members to inform them of the new position, and they were in agreement with it.
ATTACHMENT' : Proposed Resolution (including job specification and salary pay table) 1 51
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION AND POSITION CLASSIFICATION PLAN) TO INCLtJDE
THE JOB SPECIFICATION FOR CRIME SCENE FORENSIC
SPECIALIST AND SALARY RANGE
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salatay Resolution and Position Classification Plan in order to satis'fy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments;
WHEREAS, the City desires to approve the job specifications and salary range for the position of Crime Scene Forensic Specialist in the Police Department; and WHEREAS, the City, in consultation with the Human Resources Division and the Police Department has determined that it is proper to create the job specification for the Crime Scene Forensic Specialist position and the corresponding salary range. [Remainder of page left blank intentionally]
2 52
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are ttaue and correct and incorporated herein by reference.
SECTION 2. The City Council hereby approves and adopts the proposed amendments to the City's Salary Resolution and Position Classification Plan to include the position of Crime Scene Forensic Specialist in the Police Depaitment.
SECTION 3. The City Council hereby approves and adopts the proposed job specifications for the Crime Scene Forensic Specialist, attached hereto as Exhibit "A,'!:
SECTION 4. The City Council does hereby approve and adopt the proposed Pay Table attached hereto as Exhibit "B."r
SECTION 5. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 13th day of September 2022.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, Deputy City Clerk
(SEAI,)
APPROVED AS TO FORM:
F. Salinas, City Attomey
53 CRIME SCENE FORENSIC SPECIALIST (COnt.)
City of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
CRIME SCENE FORENSIC SPECIALIST
DESCRIPTION
Under direct supervision, participates and assists in performing technical crime scene investigations and analysis; receives, inventories, and secures property and physical evidence; and perfori'ns routine, non- emergency police support functions.
CLASS CHARACTERISTICS
The Crime Scene Forensic Specialist assists detectives and sworn personnel with the collection and preservation of evidence and testifies to court representatives regarding the metliods of evidence collection, processing, and preservation. The Crime Scene Forensic Specialist is distinguished from the Police Property Specialist by its field duties and direct contact witli victims and the public at crime scenes.
SUPERVISION RECEIVED
Works under the general supervision of a Lieutenant and a Sergeant.
SUPERVISION EXERCISED
Does not supervise.
ESSENTIAL FUNCTIONS
The following functions are typical for this classification. Tlie incumbent ina)i not perforin all the listed fimctions and/or may be required to peiform additional or different fimctions.froiyi tliose setfortli below to address business needs and changing business practices.
Responds to crime and accident scenes and coordinates and processes scene investigations including taking photographs, lifting fingerprints/palm prints, collecting evidence involving but not limited to DNA, fingernail scrapings, gunshot residue, and other physical evidence from witnesses, victims, and suspects in custody; legally/appropriately transports all evidence collected to autl'iorized crime labs for analysis and prepares detailed reports and records.
Fingerprints using ink and/or Livescan for criminal and noncriminal matters as assigned; evaluates, compares and classifies fingerprints and palm prints for identification purposes; may process evidence for latent prints using chemical development; prepares, and inputs fingerprints into computer systems; conducts comprehensive analysis, searches, classification and filing of fingerprints; searches master fingerprint databases; operates the Automated Fingerprint Identification System (AFIS), CAL-ID and otlier databases to compare suspect prints witl'i recorded prints; prepares reports relevant to identification operations and prepares latent prints for submission to databases.
Perfortns a variety of technical and clerical duties; takes physical measurements and prepares diagrams of crime scenes and traffic accidents. Prepares clear and concise written and oral crime and other investigation reports.
Documents crime scene investigations and accident locations by conventional and digital photograpliy.
Uses evidence identification tools or video photography equipment to obtain and record evidence imprints, ballistics traces, and trajectories. Takes still and video photographs and/or recordings of crime scenes, fingerprints, victims and injuries, suspects, and traffic accidents; utilizes digital camera and video 4 54
CRIME SCENE FORENSIC SPECIALIST (Cant.)
equipment; cleans and maintains video, pliotography, and identification equipment; may perform aerial photograpliic assigrunents. Maintains files and indexes of photographs recordings, and records.
Prepares court exhibits depicting crii'ne scenes and provides court testimony as an expert witness concerning the collection, identification, and preservation of evidence, including latent fingerprints.
Receives all property and evidence; maintains inventory and chain of custody of all evidence for couit purposes; disposes of evidence as prescribed by law; maintains detailed records, files, and reports of all property/evidence transactions.
Performs administrative and law enforcement support activities; assists in audits of evidence room, prepares budget requests for crime scene investigation and analysis equipment; and orders supplies as needed.
May provide training to police personnel related to the collection and preservation of evidence.
May work around biohazard conditions and confined and/or elevated spaces at crime scenes; responds to emotionally charged, physically dangerous and/or gory crime scenes; responds to after-hours calls.
OUALIFICATIONS
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessaiy to pedorin the duties of this position. A typical way of obtaining the knowledge and abilities wovdd be.'
Education and Experience
Completion of 66 semester units from an accredited college or university or an AA degree from an accredited college with major coursework in criminal justice (criminalistics), forensic science, or a related field, in addition to, one (l) year full-time experience in a law enforcement agency or forensic laboratory, which included identification work, investigative pliotography, fingerprint identification, collection, development, and preservation of physical evidence. A Bachelor's Degree from an accredited four-year college or university witli a major in criminal justice (criininalistics), forensic science or a related field is highly desired.
Possession of a certificate of completion in Criine Scene Investigation from an accredited university or forensic academy, with a minimum of 24 units, may be accepted to supplement any of the education requirements above and requires one (1) year of responsible experience in crime scene investigation with a law enforcement agency.
License & Certification
Possession of a valid California Class C Driver's License and a satisfactory driving record is required at time appointment and throughout employment in this position.
Special Requirements
Successful completion of state mandated CLETS training program as required by the California Department of Justice witliin 6 months of employment, as well as ongoing maintenance of CLETS certification during employment.
Certification as a Latent Print Examiner and/or Crime Scene Technician or Analyst is highly desirable.
Performance of the essential duties of this position includes the following physical demands and/or working conditions.
5 55
CRIME SCENE FORENSIC SPECIALIST (Cant.)
Work is perfori'ned in both field and office settings. While indoors, the noise level is typically moderately quiet, but can be loud depending on the location of the crime scene. While outdoors in the field, the employee is subject to variable weatl'ier conditions, with exposure to hazardous conditions and in tlie event of an emergency, may on occasion be exposed to blood and other body fluids and adverse conditions for an extended period. Incumbents must be able to complete the collection of crime scene evidence which includes activities involving climbing stairs and ladders, bending, lifting, crawling into small/confined spaces, working witli chemicals in the processing of photographs and evidence, and tolerating adverse conditions such as fingerprinting and photograpliing deceased persons or subjects.
May be required to work a variety of shifts, including nights, weekends, and holidays, travel to a variety of off-site locations and be available to respond during off duty hours.
Will be required to successfully complete a coi'npreliensive background investigation, polygraph examination, and fingerprinting. Must pass a post-offer pre-employment medical and psychological examination (wliich will include a drug/alcohol screening).
Knowledge, Skills, and Abilities
Knowledge of: rules of evidence, basic crime scene photography, basic crime scene investigative techniques, current technology and procedures for collecting, interpreting, and preserving physical evidence, including latent print evidence; proper methods and procedures for processing imprints, fireari'ns, projectiles, and trajectory evidence; modern practices and tecliniques for using video photography and recording equipment. Record keeping procedures; principles and practices of customer service and public contact; proper English usage, spelling, grammar, and punctuation; office procedures and equipment; applications of electronic data processing.
Ability to: carefully collect, preserve, and interpret evidence; prepare sketches or drawings of crime scenes; maintain composure while conducting deatli investigations and when observing severe accident and violent crime scenes; operate computer equipment to enter, retrieve, and update evidence and Jab records; communicate effectively, both orally and in writing; accurately testify in court regarding evidence.
Prioritize multiple tasks and work in a fast-paced environment; work confidentially with discretion; operate a personal computer; prepare related reports; work independently with little direction; organize and maintain files; interpret and apply related laws and regulations; maintain accurate records; exercise sound judgment; establish and maintain effective working relationships with supervisors, fellow employees, detectives, court representatives, law enforcement agencies, and the general public; communicate effectively both orally and in writing; establish and maintain cooperative working relationships.
ADDITIONAL INFORMATION:
CALIFORNIA DEP ARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice Program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An einployee assigned a city vehicle must acknowledge receipt and understanding of tlie City's Administrative Regulations covering the use of City vehicles.
PHYSICAL DEMANDS AND WORK ENVIRONMENT
The pliysical demands and work environment described here are representative of those that must be met by an einployee to successfully perform the essential functions of this job. Reasonable accommodations inay be made to enable individuals with disabilities to perform the essential functions. While perfori'ning the duties of this job, the employee is frequently required to sit and talk or hear. The employee is 6 56
CRIME SCENE FORF.NSIC SPECIALIST (Cant.)
occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reacli with hands and anns. The employee must occasionally lift and/or move up to 50 pounds. The employee will perform work indoors and outdoors in a variety of locations to include on-site work at incidents, in a vehicle, and indoors. When working outdoors, may be exposed to the elements; may work under damp conditions, in confined or elevated spaces; i'nay work on slippery and uneven surfaces; crouch, sit stand, walk bend, kneel, pull, reach, push, twist; may be exposed to biohazards, dust, cliemicals, solvents, paint, grease/oil, futnes, electrical and mechanical hazards, veliicular traffic, vibration and noise. To meet tlie physical demands the employee must have mobility, hearing, dexterity and use of both hands and legs appropriate to the duties to be perfonned. Specific vision abilities required by this job include close vision, depth perception, color vision and the ability to adjust focus.
CRIME SCENE FORENSIC SPECIALIST
Created, 09/13/22
7 57
Exhibit "B"
Salary Pay Table
South Gate Professional and Mid-Management Employees Exempt Classifications Step A Step B Step C Step D Step E 609 RECREATIONSUPERVISOR 6,065 6,369 6,687 7,021 7,372 613 CUSTOMERSERVICESUPERVISOR 6,416 B,737 7,074 7,427 7,799 615 CODEENFORCEMENTSUPERVISOR 6,523 6,849 7,191 7,551 7,928 617 POLICERECORDSMANAGER 6,976 7,325 7,691 8,076 8,480 617 TRANSPORTATIONSUPERVISOR 6,976 7,325 7,691 8,076 8,480 621 SENIORACCOUNTANT 7,322 7,688 8,072 8,476 8,900 623 SENIORPLANNER 7,537 7,914 8,310 8,725 9,162
626 EQUIP. MAINTENANCE SUPERINTENDENT 7,865 8,258 8,671 9,104 9,560 626 SENIORFINANCIALANALYST 7,865 8,258 8,!)71 9,104 9,560 628 SENIORENGINEER 8,596 9,025 9,477 9,950 10,448 629 ELECTRIC & GEN MAINT SUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 STREET & SEWER SUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 REVENUEMANAGER 8,889 9,333 9,800 10,290 10,805 630 WATERDMSIONMANAGER 9,968 10,466 10,989 11539 12,116 631 SENIORCMLENGINEER 9,788 10,277 10,791 11,331 11,897 634 PRINCIPALCMLENGINEER 10,571 11,099 11,654 12,237 12,849 633 CITYTRAFFICENGINEER 10,277 10,791 11,331 11,897 12,492 Non-ExemptClassifications StepA StepB StepC StepD StepE 601 ADMINISTRATIVEASSISTANT 5,152 5,410 5,680 5,964 6,263 601 ASSISTANTPLANNER 5,152 5,410 ' 5,680 5,964 6,263 601 MANAGEMENTASSISTANT 5,152 5,410 5,680 5,964 6,263 606 HOUSING&GRANTSANALYST 5,468 5,742 6,029 6,330 6,647 610 MANAGEMENTANALYST 6,147 6,454 6,777 7,116 7,472 610 ADMINISTRATIVEANALYST 6,147 6,454 (3,777 7,116 7,472 610 ADMINISTRATIVESERVICESCOORDINATOR 6,147 6,454 6,777 7,116 7,472 610 BUDGET&PAYROLLANALYST 6,147 6,454 ei,777 7,116 7,472 611 TRAININGSPECIALIST 6,178 6,487 6,811 7,152 7,509 612 CRIMEANALYST 6,222 6,533 6,860 7,203 7,563
613 PURCHASINGSUPERVISOR 6,416 6,737 7,074 7,427 7,799 615 ASSISTANTENGINEER 6,523 6,849 7,191 7,551 7,928 619 SENIOR ADMINISTRATIVE ANALYST 7,112 7,467 7,841 8,233 8,644 622 ASSOCIATEENGINEER 7,481 7,856 8,248 8,661 9,094 624 TECHNICALSERVICESMANAGER 7,613 7,993 8,393 8,813 9,253 625 INFORMATION SYSTEMS ADMINISTRATOR 7,613 7,993 8,393 8,813 9,253 632 FAMILYVIOLENCEPROGRAMCOORDINATOR 6,969 7,317 7,683 8,067 8,471 I 632 CRIME SCENE FORENSIC SPECIALIST a,gep T,4:!17 71683 s0dar 8,4711 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYATTY(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANT(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,325 6,641 6,973 7,322 7,688 8 58
efffWANAa[RV!!lffFlf!! Item No. 5
.SEP 0 7 2022
"1,i'f;[tt4z
City of South Gate
CITY COUNCIL
AG-ENJDA JSJ[LL
Departmerit Head:
For the Regular Meeting of: September 13, 2022
a a a Department: Public Works
o Cerv Qris J5ffers
SUBJECT: RESOLUTION DECLARING THE CITY'S INTENTION TO GRANT A
FRANCHISE AGREEMENT TO TORRANCE PIPELINE COMPANY, LLC PURPOSE: This item was continued from the City Council Meeting of January 25, 2022. The City regulates utility companies that have facilities that occupy the City's public right-of-way through franchise agreements. Torrance Pipeline Company, LLC (TPC) is seeking renewal of a 5-year franchise agreement for an existing pipeline known as Pipeline No. M-145 (Pipeline), which was previously covered under Ordinance No. 2329. As the first step in the process, state law requires adopting a resolution declaring the City's intention to grant a franchise agreement pursuant to a public hearing.
RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution declaring the City's intent to grant a five-year franchise to Torrance Pipeline Company, LLC, that stipulates provisions for the use, maintenance, repair, replacement, relocation, or removal of a single pipeline beneath specified public streets, together with related appurtenances, for transmitting and distributing oil and oil products;
b. Authorizing the 'Mayor to execute the Resolution in a form acceptable to the City Attorney; and
c. Approving the scheduling of a Public Hearing for October 11, 2022, to consider the introduction of an Ordinance granting the proposed franchise.
FISCAL IMPACT: There is no impact to the General Fund. If the City Council adopts the Ordinance granting the franchise, TPC will pay the City a granting fee and annual fees for a grand total of $170,193, as summarized below. The City has received from Grantee a partial pre-payment in the amount of $18,934, which will be credited against the fees.
Annual Fees Granting Fee Total
Year l $31,450 $'l2,943 $44,393
Year 2 to 5 $31,450 $125,800
Total $157,250 $12,943 $170,193
The granting fee is consistent with Section 13.10.010 (Rates - General), of Chapter 13.10 (Compensation), Division 1(Oil, Gas, and Water Pipelines), of Title 13 (Franchises) of the South 1 59
Gate Municipal Code. The aru'iual rate is set in compliance with California Public Utilities Code 6231.5 subsection (e)(2), which applies to utility pipelines that are not publicly owned. It authorizes an annual franchise fee in an amount agreed to by the applicant and the municipality, or an annual franchise fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. Staff negotiated an amount of $31,450 which is higher than the standard formula from the Public Utilities Code.
The City has received from Grantee a partial pre-payment in the amount of $18,934, which will be credited against the payment owing pursuant to Section 4.C above.
ANALYSIS: On September 13, 2016, the City Council adopted Ordinance No. 2329 granting TPC a Franchise Agreement. The agreement authorized TPC to maintain and operate the Pipeline, which consists of approximately 1.7 miles (8,960 feet) of active 12-inch diameter pipes (identified by TPC as Pipeline No. M-145). The Pipeline is the only active line owned by TPC in the City. Ordinance No. 2329 expired on September 13, 2021. The new Franchise Agreement term is for 5 years, commencing retroactively from September 13, 2021, and continuing through September 13, 2026.
The proposed Franchise Agreement is identical to the current Franchise Agreement with the exception of its effective period, term, and fees. Highlights of the proposed Franchise Agreement include:
* A 5-year term from September 13, 2021 to September 13, 2026. @ Terms and conditions which are in accordance with California Public Utilities Code Section 6201 and Ordinance.
* Pipeline maintenance in accordance with all city, county, state, and federal ordinances, statutes, rules, regulations, and other laws.
* Establishing liability insurance, bond, and indemnity requirements. * Setting the franchise payment, and the rules and requirements under which the TPC franchise will be required to operate.
* Providing an emergency response plan meeting the requirements of federal and state law.
The plan must be comprehensive and provide a 24-hour notification program and emergency response services, including traffic control, street excavation, pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem. It also requires repairs of public streets, alleys, or parkways within seventy-two (72) hours.
The pipeline is located within 500 feet of the East Los Angeles Cornrnunity College expansion development project, Southeast High School, and Simon Rodia Continuation School. The safety standard referenced in the Franchise Agreement requires the operation of the Pipeline in accordance with Government Code Section 51010. Under this code, the State Fire Marshall exercises exclusive safety regulatory and enforcement authority over hazardous liquid pipelines and may implement the federal Hazardous Liquid Pipeline Safety Act (49 U.S.C. Sec. 2001 et seq.) and federal pipeline safety regulations, as necessary to obtain annual federal certification. 2 60
Thus, the Pipeline must be used, operated, repaired, or modified in accordance with the safety regulations set by the California State Fire Marshal, further, and/or Chief of Los Angeles Fire Department in accordance with Chapter 13.14 (Special Provisions for Oil Pipelines), Division 1 (Oil, Gas and Water Pipelines), of Title 13 (Franchises) of the South Gate Municipal Code. The State Fire Marshal is further required to annually inspect the Pipeline to ensure compliance with laws and regulations. TPC is required to submit certified test results for the pipeline subject to the provision of the Pipeline Safety Act of 1981.
BACKGROUND: Pipeline No. M-145 transports refined oil product from the Torrance Refinery to the Vernon Terminal tmough the City of South Gate. This pipeline is located beneath (a) Santa Fe Avenue, from Independence Avenue to Southern Avenue, (b) beneath Southern Avenue, from Santa Fe Avenue to Alarneda Street, and (c) beneath Alameda Street, from Southern Avenue to Seminole Avenue, for a continuous stretch.
Before the City Council can grant a Franchise Agreement, California Public Utility Code Sections 6232 et seq. require a public hearing and adoption of a Resolution declaring the City Council's intention to grant the franchise. The proposed Resolution (a) states the City's actions are in accordance with the Public Utility Code, (b) identifies the term (5 years), the expiration date, and the pipeline, (c) sets terms and conditions in accordance with California Public Utilities Code and Ordinance No. 2329, (d) sets the annual franchise payments, (e) sets rules and conditions under which TPC franchise must operate the pipelines, and (f) sets the Public Hearing for October 11, 2022.
The schedule for issuing the Franchise Agreement is as follows:
1. September 13, 2022 - Adopt a Resolution declaring its intention to grant a five-year term franchise agreement to TPC.
2. October 11, 2022 - Hold a public hearing and introduce an Ordinance granting a five- year franchise agreement to TPC. At the conclusion of the hearing, the City may overrule, deny, or deem insufficient any written protests, and may then grant the franchise.
3. October 25, 2022 - Adopt the Ordinance.
TPC is requesting that the franchise for Pipeline No. M-145 (Ordinance No. 2329) be renewed, which is recommended for the reasons following:
* Granting the Franchise Agreement to TCP will automatically bestow rights upon the City and create obligations that must be performed by TCP for the benefit of the City, pursuant to Article 4 (Public Utilities Code §§ 6291 through 6302) of California's Franchise Act of 1937, including the following:
o The City shall have the right to terminate the franchise and/or sue TPC for any failure to properly perform TCP's obligationg under the franchise. o Requires TCP to comply with ordinances and policies adopted by the City Council relative to the location and maintenance of the Pipeline and any appurtenances.
o Provides compensation to the City for the cost of any repairs to public property 3 61
made necessary by TCP's operations under the franchise. o Requires TCP to indemnify and defend the City from and against damages resulting from TCP's operations under the franchise. o Obligates TCP, at its expense, to remove and relocate the Pipeline where necessary due to changes of grade, alignment, or width of public streets. o Obligates TCP to notify the City upon any sale, transfer, assignment or lease of the franchise or any rights granted thereunder.
o Requires TPC to provide a corporate surety bond, savings and loan certificates or shares which the City can use as liquidated damages should TPC fail to fulfill the Franchise Agreement requirements
* As noted above, the Franchise Agreement requires TPC to file annual reports with the City confirming the maintenance and operation of the Pipeline is in compliance with federal and state law. The letter dated October 22, 2021 from the State Fire Marshall (Department of Forestry and Fire Protection, Office of the State Fire Marshal, Pipeline Safety Division) indicates that TCP has maintained and operated the Pipeline in compliance with federal and state laws and regulations, and that the State Fire Marshal's most recent inspection of the Pipeline on December 19, 2019 found no violations of the California Pipeline Safety Act or the U.S. Department of Transportation's Code of Federal Regulations.
* The granting fee and annual fees will be paid to the City if the proposed Franchise Agreement is approved.
Compliance with CEQA: Pipeline M-145 is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. Section 15301 provides for exemption of the proposed pipeline franchise, because the project consists of the operation of existing facilities, involving negligible or no expansion of an existing use.
ATT ACHMENTS:
KT:lc
Proposed Resolution
Proposed Ordinance
Ordinance No. 2329
Letter from the Office of State Fire Marshall
Location Map
4 62
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, DECLARING THE CITY'S INTENTION TO GRANT A 5-YEAR FRANCHISE TO TORRANCE PIPELINE COMPANY
LLC, A DELAWARE LIMITED LIABILITY COMPANY, TO USE,
MAINT AIN, REPAIR, AND REPLACE A SINGLE PIPELINE BENEATH
SPECIFIED PUBLIC STREETS, TOGETHER WITH RELATED
APPURTENANCES, FOR TRANSMITTING AND DISTRIBUTING OIL
AND OIL PRODUCTS AND SCHEDULING A PUBLIC HEARING FOR OCTOBER 11, 2022, TO CONSIDER THE INTRODUCTION OF AN
ORDINANCE GRANTING THE PROPOSED FRANCHISE
WHEREAS, on September 13, 2016, the City Council adopted Ordinance No. 2329, granting Torrance Pipeline Company LLC, a Delaware limited liability company ("TPC"), a franchise for the use of a 8,960 foot long, 12-inch diameter pipeline (located beneath Santa Fe Avenue from Independence Avenue to Southern Avenue, beneath Southern Avenue from Santa Fe Avenue to Alameda Street, and beneath Alameda Street from Southern Avenue to Seminole Avenue) commonly referred to by TPC as Pipeline No. M-145 (the "Pipeline"); WHEREAS the City, pursuant to applicable federal, state, and local law, is authorized to grant franchises within the City of South Gate; and WHEREAS, before the City can award a franchise, California Public Utility Code Sections 6232 et seq. requires the City Council to pass a resolution declaring its intent to grant a franchise and to set a public hearing at which all persons having any objection to the granting thereof may appear before the City Council and be heard thereon.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. In accordance with Public Utility Code Section 6232 et seq., the City Council of the City of South Gate declares its intent to grant a franchise to TPC, for it to operate and maintain the Pipeline, for a period of five (5) years commencing retroactively from September 13, 2021and expiring on September 13, 2026.
SECTION 3. The terms and conditions of the franchise will be in accordance with California Public Utilities Code Section 6201 etseq. and will be substantially similar to Ordinance No. 2329.
The proposed ordinance will set the franchise payment, the term, and the rules and requirements
4418646.2-L235.53
63 under which TPC will be required to operate the Pipeline. A copy of the draft proposed ordinance is attached as "Exhibit A" to this Resolution.
SECTION 4. The public hearing, at which the City Council of the City of South Gate shall consider the proposed franchise for first reading and at which the City Council shall hear all objections, will take place on October 11, 2022 at 6:30 p.m. in the City Council Chambers located at 8650 California Avenue, South Gate, CA 90280.
SECTION 5. The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in The Press, a newspaper of general circulation within the City; said publication to be completed not less than fi:[teen (15) days after the adoption of this Resolution.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 13th day of September of 2022.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: [a,B4@
Raul F. Salinas, City Attorney
4418646.2-L235.53 Page 2 of 2
64 ORDINANCE NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,
CALIFORNIA, GRANTING TO TORRANCE PIPELINE COMP ANY A FRANCHISE, WITH A TERM EXPIRING FIVE (5) YEARS AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE, TO USE, MAINTAIN,
REPAIR AND REPLACE, RELOCATE OR REMOVE A SINGLE
PIPELINE AND APPURTENANCES BENEATH SPECIJ'lEl) PUBLIC
STREETS, TOGETHER WITH RELATED APPURTENANCES, FOR
TRANSMITTING AND DISTRIBUTING OIL AND OIL PRODUCTS WHEREAS, the City of South Gate ("City"), pursuant to applicable federal, state and local law, is authorized to grant franchises within the South Gate city limits; and WHEREAS, on September 13, 2016, the South Gate City Council adopted Ordinance No. 2329, granting Torrance Pipeline Company LLC, a Delaware limited liability company ("Grantee"), a franchise to operate the pipeline identified in Sectionl.E of this Ordinance ("Pipeline"); and
WHEREAS, that franchise expired on September 13, 2021; and WHEREAS, the City has consented to Grantee's operation of the Pipeline since that date, notwithstanding the expiration ofthat earlier franchise, while the City and Grantee have negotiated the terms of a new franchise for the continued operation of the Pipeline; and WHEREAS, the City and Grantee have now agreed upon such terms, which are set forth in this Ordinance; and
WHEREAS, on September 13, 2022, the South Gate City Council approved the scheduling of a Public Hearing for October 11, 2022; and adopted a Resolution declaring the City's intent to grant a five-year franchise to Torrance Pipeline Company, LLC, that stipulates provisions for the use, maintenance, repair, replacement, relocation, or removal of a single pipeline beneath specified public streets, together with related appurtenances, for transmitting and distributing oil and oil products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION l: Definitions. Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
5235064.2-L235.53 I
65 A) The word "City" shall mean the City of South Gate, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B) The "Effective Date" is the date on which this Ordinance becomes effective, as set forth in Section 13 below.
C) The word "Franchise" shall mean the rights and privileges granted by the City to Grantee in Section 2 below.
D) The word "Grantee" shall mean Torrance Pipeline Company LLC, a Delaware limited liability company, which is the entity to whom the Franchise contemplated in this Ordinance is granted, and its law:ful successors or assigns.
E) The word "Pipeline" shall mean that certain 8,960 foot long, 12-inch diameter pipeline (located beneath Santa Fe Avenue from Independence Avenue to Southern Avenue, beneath Southern Avenue from Santa Fe Avenue to Alameda Street, and beneath Alameda Street from Southern Avenue to Seminole Avenue) commonly referred to by Grantee as Pipeline No. M-145, and which shall be used for conducting, transporting, conveying and carrying oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, and similar liquid substances
F) The phrase "Pipeline and Appurtenances" shall mean the Pipeline and any appurtenant or related appliance, attachment, cable, cathodic protective device, conduit, equipment, fitting, gauge, main, manhole, meter, pump, regulator, service, trap, valve, vault, vent or wire, where located under, along, across or upon Santa Fe Avenue, Southern Avenue and Alameda Street in the vicinity of the Pipeline.
G) The phrase "Pipeline Franchise Ordinance" shall mean that certain pipeline franchise Ordinance adopted by the City Council of the City and codified at Chapters 13.02 through
13.18, inclusive, of the South Gate Municipal Code.
H) The phrase "Street" shall mean the public streets, alleys and places within the City of South Gate as the same now or may hereafter exist, and in which the City has the ability to grant a franchise.
SECTION 2: Grant of Franchise. Pursuant to California state law as codified in Sections 6231 through 6235, inclusive, of the Public Utilities Code, the City hereby grants to Grantee the right, privilege and franchise to operate, maintain, use, repair, replace, and remove the Pipeline and Appurtenances for the purpose of conducting, transporting, conveying and carrying oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, and similar liquid substances under and across those portions of the Streets identified in Section 1.E above ("Franchise"). The rights granted herein shall be subject to (a) the terms and conditions set forth in this Ordinance, and (b) repairs to or replacements of the Pipeline and Appurtenances by the Grantee, at the Grantee's expense, and at such time or times as directed by the City. Grantee shall file with the South Gate City Clerk, not later than the Effective Date, a written acceptance of the terms and conditions of this Ordinance.
5235064.2-L235.53 2
66 SECTION 3: Term. The Franchise shall be for a term cornrnencing retroactively on September 14, 2021 and expiring on the fifth (5'h) aru'iiversary of the Effective Date, unless terminated earlier by the City pursuant to Section 11 below.
SECTION 4: Fees. As consideration for the Franchise, Grantee shall pay the City as follows:
A) Grantee shall pay the City a one-time franchise granting fee of Twelve Thousand Nine Hundred Forty-Three Dollars ($12,943) pursuant to Section 13.10.010 of the South Gate Municipal Code.
B) Grantee shall pay the City an annual franchise fee equal to Tmee Dollars and Fifty-One Cents ($3.51) per linear foot of the Pipeline, which equates to an annual franchise fee of Thirty-One Thousand Four Hundred Forty-Nine Dollars and Sixty Cents ($31,449.60).
There shall be no adjustments to that annual franchise fee during the term of the Franchise.
C) On or before the Effective Date, Grantee shall pay to the City an amount equal to the sum of (i) the franchise granting fee, (ii) the annual franchise fee for the one-year period from and after the Effective Date, and (iii) a prorated portion of the annual franchise fee for the period from September 14, 2021 through the Effective Date; provided, however, that Grantee shall receive a credit against that payment in the amount specified in Section 4.E below.
D) Thereafter, on each anniversary of the Effective Date for the duration of the term of the Franchise, Grantee shall pay the annual franchise fee to the City.
E) The City acknowledges that it has received from Grantee a partial pre-payment in the amount of Eighteen ThousandNine Hundred Thirty-Four Dollars and Twenty-Seven Cents ($18,934.27), which shall be credited against the payment owing pursuant to Section 4.C above.
F) Pursuant to Section 13.10.060 of the South Gate Municipal Code, Grantee shall pay a late fee equal to ten percent (10%) of any payment due hereunder, where such payment remains unpaid beyond thirty (30) days after the date on which such payment is due.
G) Any neglect, omission or refusal by the Grantee to make any such payment as and when due shall be grounds for the declaration of a forfeiture of the Franchise and of all rights hereunder after thirty (30) days' notice to cure has expired as provided for in Section 11 below.
H) In the event of abandonment of facilities with the approval of the City as elsewhere in this Ordinance provided, or in the event of removal of such facilities by the Grantee, the payments otherwise due the City for occupancy of the roads or highways by such facilities shall be prorated for the calendar year in which such removal or abandonment occurs as of the end of the calendar month in which removed or abandoned.
SECTION 5: Insurance. Grantee shall do all of the following on or before the Effective Date:
5235064.2-L235.53 3
67 A) Provide satisfactory evidence to the City that Grantee has obtained policies of liability and worker's compensation insurance from companies authorized to transact business in the State of California by the Insurance Commissioner of California, as required by Section
13.08.050 of the South Gate Municipal Code.
B) File with the South Gate City Clerk, as required by Section 13.08.050 of the South Gate Municipal Code, either (i) certified copies of the policies or (ii) a certificate of insurance for each of the required policies executed by the company issuing the policy, certifying that the policy is in force.
C) File and therea:[ter at all times during the life of the Franchise keep on file with the South Gate City Clerk a corporate surety bond running to the City in the penal sum of ten thousand dollars ($10,000) which meets all the requirements of Section 13.08.060 of the South Gate Municipal Code.
D) As an alternate to the filing of a bond, the Grantee may deposit with the City Clerk and assign to the City savings and loan certificates or shares, or both, in the same amount as required on such bond, as authorized by Section 13.08.070 of the South Gate Municipal Code.
SECTION 6: Modification or Approval of Pipeline and Appurtenances. Within ninety (90) days following the date in which Pipeline and Appurtenances or any portion thereof have been modified or removed under this Franchise, the Grantee shall file a plan or plans in such forms as may be required by the City's City Engineer showing the accurate location and size of such modified Pipeline and Appurtenances then in place within the locations identified in Section 1.E of this Ordinance, above.
SECTION 7: Additional Conditions. The Grantee of this Franchise shall:
A) Maintain the Pipeline and Appurtenances in accordance with and in conformity with all City, County, State and Federal ordinances, statutes, rules, regulations and other laws (whether now existing or hereafter adopted) applicable to the installation, location, use, maintenance and/or removal of the Pipeline and Appurtenances; B) Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this Franchise, including restoring the Street to its original condition upon the removal of all or any portions of the Pipeline and Appurtenances, or upon the termination or non-renewal of the Franchise; C) Indemni:[y and hold harmless the City, its officers and employees from any and all liability for damages proximately resulting from the Grantee's acts or omissions under this Franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this Franchise;
5235064.2-L235.53 4
68 D) Remove or relocate, at the request of the City and without expense to the City, any or all of the Pipeline and Appiutenances if and when made necessary by any lawful change of grade, alignment or width of the affected Street;
E) Use, operate, repair or modify any pipeline for the transportation of flammable or combustible liquids, in a manner prescribed by the California State Fire Marshall, and/or Chief of Los Angeles Fire Department in accordance with Chapter 13.14 of the South Gate Municipal Code;
F) Submit certified test results for the pipeline subject to the provision of the Pipeline Safety Act of 1981, California Government Code Section 51010, et seq. The testing shall be conducted as required by the California State Fire Marshal, and certified test results shall be requested by the City from the Fire Marshal. In the event the State Fire Marshal shall fail to provide such certified test results to the City, grantee shall provide such test results to the City upon request; and
G) If wishing to renew the Franchise, submit a written petition of franchise renewal to the City at least ninety (90) days prior to the expiration date of this Franchise.
SECTION 8: Excavation Permits. Grantee shall obtain an excavation permit, and pay the applicable fee therefore, prior to commencing any excavation in the right-of-way. Grantee may obtain an excavation permit by filing a set of excavation plans with the City Engineer, which plans shall be subject to the City Engineer's review and approval. The excavation plans shall show the location of the proposed excavation, as well as the location of all known existing pipes, sewers, conduits, improvements and other facilities in or under any Street or public property in which the franchise property is located with an adequate description of the proposed work, including an estimate of the duration of the interference with any street traffic. The issuance of any excavation permit for the repair, modification or replacement of a pipeline for the transmission of flarnrnable or combustible liquids, gases or hazardous materials, shall be as prescribed by the Fire Chief of the Los Angeles County Fire Department in accordance with Chapter 13.14 of the South Gate Municipal Code.
A) Where it is necessary to lay underground pipes through, under or across any portion of a paved or macadamized street, such work, where practicable and economically feasible, shall be done by a turu'iel or bore so as not to disturb the foundation of such paved or macadamized street. If the same cannot be done, or if it is necessary to cut the street in order to access existing pipes and appurtenances, such work shall be done pursuant to an excavation permit, as provided in this Section 8, to be issued by the City Engineer upon application therefore.
B) All work shall be subject to inspection by the City Engineer. All street coverings or openings, valves, vaults and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground vaults and manholes may, subject to the prior approval of the City Engineer, extend above the surface of the streets when such vents are located in parkways, between the curb and the property line. Grantee shall provide adequate traffic safety barriers, signs, devices and traffic safety warning 5235064.2-L235.53 5
69 equipment in accordance with City ordinances, rules or regulations, and shall comply with such additional safety measures as the City Engineer may direct.
SECTION 9: Emergency Procedures
A) Grantee shall develop and maintain an emergency response plan, satisfactory to the City Engineer, which covers all franchise operations within the City. The initial dra.[t of that emergency response plan shall be delivered to the City Engineer not later than the Effective Date. In general, an emergency response plan meeting the requirements of Federal and State law and containing the information contained in this section shall be acceptable. The emergency response plan shall include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including but not limited to traffic control, street excavation, pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the City Engineer shall reasonably require. Repairs to a public street, alley or parkway shall be completed within seventy-two (72) hours unless otherwise authorized by the City Engineer.
The City Engineer shall be notified ten (10) days in advance of any proposed change in such arrangements.
B) Whenever any Pipeline or Appurtenance breaks or leaks so as to cause the release of oil or products thereof into the public right-of-way, Grantee, and any other person using or controlling the Pipeline or Appurtenance, shall immediately notify the City's Police Department and Public Works Department and shall implement precautionary safety measures including traffic control, system shutdown, valve closures, and public notification. In the event of an emergency which threatens life, health, safety or property, and where it is not possible to obtain an excavation permit prior to commencement of the work, the Grantee may commence such work; provided, however, that within seventy-two (72) hours thereafter Grantee shall make application to the City Engineer for an excavation permit in accordance with the procedures specified herein. The City Engineer may impose conditions upon the issuance of the excavation permit, and all work shall be subject to inspection. Adequate traffic safety barriers shall be maintained at all times, and any damaged portion of the Street shall be restored to its original condition.
C) If any portion of any Street is damaged by reason of defects in the Pipeline and Appurtenances, or any portion thereof, or by reason of any other cause attributable to or arising from the operation of the Pipeline and Appurtenances, the Grantee shall, at its sole cost and expense, immediately repair all damages and restore the Street to the condition existing before such damage occurred. All such work shall be done under the direction of the City Engineer, and to the reasonable satisfaction of the City Engineer. Grantee shall repair such damage and restore the Street within three (3) working days after written demand therefore by the City Engineer, or such other period as the City Engineer may authorize when required for the protection of the public health and safety.
D) If Grantee, after reasonable notice, fails or refuses to pave, surface, grade, repave, resurface or regrade as required by the provisions of this Franchise, the City may cause the work to be done and shall keep an itemized account of all costs, including reasonable administrative 5235064.2-L235.53 6
70 overhead expenses. Grantee shall pay such costs to City within thirty (30) days after presentation to Grantee of an itemized account of such costs.
SECTION 10: Records.
A) Grantee acknowledges that the City's records may not be complete and that pipelines and appurtenant structures unrelated to the Pipeline, and previously unknown to City, are frequently discovered. Consequently, by granting this Franchise or by approving any excavation permit requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein shall be deemed to make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City's approval of excavation permits and/or plans, regardless of whether any information is supplied by the City to the Grantee pertaining to the location of existing pipes, facilities or other improvements on, in or under any Street or other public property.
B) Grantee shall keep and preserve, within the County of Los Angeles for a period of ten (10) years, subsequent to the date of the most recent franchise fee determination as ascertained by an audit made by the City or on its behalf, all the records necessary to determine the amount of such franchise fee.
C) At all reasonable times, Grantee shall permit the City or its duly authorized representative to examine the Pipeline and Appurtenances and, with the exception of records or other materials containing confidential or proprietary information, to examine and transcribe any and all books, accounts, papers, maps, and other records kept or maintained by the Grantee or under its control and associated withthe Pipeline and Appurtenances and/orthe financial condition of the Grantee with respect thereto.
SECTION 11 Early Termination of Franchise.
A) If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions ofthis Franchise, and shall not, within thirty (30) days after written demand for compliance, begin the work of compliance, or after commencing such compliance shall fail to prosecute the same with due diligence to completion, then the City, acting by and through its legislative body, may declare this Franchise forfeited.
B) If Grantee voluntarily surrenders, abandons, assigns, transfers, sells or leases the Franchise without the prior express written consent of the City (which consent shall not be unreasonably withheld), the City may terminate this Franchise.
C) The Franchise shall automatically terminate if another governmental entity acquires by eminent domain the Streets beneath which the Pipelines and Appurtenances are located.
D) In the event of noncompliance by Grantee with any of the conditions hereof, the City may, in addition to all other remedies provided for herein, bring suit for the forfeiture or termination of this Franchise.
5235064.2-L235.53 7 /J 71
SECTION 12: Removal or Abandonment of Facilities.
A) At the expiration, revocation or termination of this Franchise or of the permanent discontinuance of the use of all or a portion of the Pipeline or Appurtenances, the Grantee shall, within thirty (30) days thereafter, make written application to the Director of Public Works for authority either to: (l) abandon all or a portion of such facilities in place; or (2) remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned, their location with reference to City highways, and shall describe with reasonable accuracy the physical condition of such facilities. The Director of Public Works shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be effected. He or she shall then notify Grantee of his or her determinations.
B) Within thirty (30) days after receipt of such notice, Grantee shall apply for a permit from the Public Works Department to abandon or remove the Pipeline and Appurtenances (or portion thereof, as appropriate).
C) Grantee shall, within ninety (90) days after obtaining such permit, commence the work authorized by the permit, and shall thereafter diligently prosecute that work to completion.
SECTION 13: Effective Date. This Ordinance shall take effect and be in force on the date ("Effective Date") which is thirty (30) days after its adoption.
SECTION 14: Posting of Ordinance. The City Clerk shall certify to the adoption of this Ordinance and shall cause same to be published as required by law. [Remainder of page left blank intentionally]
5235064.2-L235.53 8
72 PASSED, APPROVED and ADOPTED this day of 2022.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAI,)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
5235064.2-L235.53 9
73 ORDINANCE NO. i
CI1'Y OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH GATE GRANTING A FIVE (5) YEAR FRANCHISE
AGREEMENT TO TORRANCE PIPELINE COMPANY, LLC TO
USE, MAINT AIN, REPAIR AND REPLACE A SINGLE PIPELINE
BENEATH SPECIFIED PUBLIC STREETS, TOGETHER WITH
RELATED APPURTENANCES, FOR TRANSMITTING AND
DISTRIBUTING OIL AND OIL PRODUCTS
WHEREAS, on August 14, 2012, the South Gate City Council adopted Ordinance No. 2297, granting ExxonMobil Oil Corporation, a New York corporation ("Exxon"), a franchise to operate the Pipeline identified in Sectionl.D of this Ordinance below (Pipeline); and
WHEREAS, Exxon has sold the Pipeline to Torrance Pipeline Company, LLC, a Delaware limited liability company ("TPC"); and
a
WHEREAS, in connection with that sale, TPC has requested that the City award a new franchise agreement to TPC for the operation of the Pipeline; and WHEREAS, pursuant to applicable federal, state and local law, including without limitation Public Utilities Code Sections 6231 through 6235 and Title 13 of the South Gate Municipal Code, the City is authorized to grant pipeline franchises within the City of South Gate; and
WHEREAS, on July 12, 2016, the City Council adopted Resolution No. 7716 declaring its intention to grant a franchise to TPC relative to the Pipeline; and WHEREAS, on July 21, 2016, a Notice of Public Hearing was published in The Press, a newspaper meeting the statutory qualifications for publishing such notices; and WHEREAS, after proper notice the City Council conducted a public hearing regarding the granting of such franchise; and
WHEREAS, on August 23, 2016, following a public hearing, the City Council introduced Ordinance No. 2329;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY ORDAIN AS FOLLOWS:
4418641 2-L215.5) I
74 SECTION t Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
A) The word "City" shall mean the City of South Gate, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B) The word "Franchise" shall mean and include any authorization by the City to transmit and distribute thereof for any and all purposes under those portions of the specific streets identified in Section 1.D of this Ordinance by means of pipes and appurtenances for conducting, transporting, conveying, and carrying oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, and similar liquid substances for any and all purposes.
C) The word "Grantee" shall mean Torrance Pipeline Company, a Delaware limited liability company, which is the entity to whom the Franchise contemplated in this Ordinance is granted, and its lawful successors or assigns.
D) The word "Pipeline" shall mean that certain 8,960 Foot long, 12-inch diameter pipeline (located beneath Santa Fe Avenue from Independence Avenue to Southern Avenue, beneath Southern Avenue from Santa Fe Avenue to Alameda Street, and beneath Alameda Street from Southern Avenue to Seminole Avenue) commonly referred to by Exxon as Pipeline No. M-145, and which shall be used for conducting, transporting, conveying and carrying oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, and similar liquid substances.
E) The phrase "Pipeline and Appurtenances" shall mean the Pipeline and any appurtenant or related appliance, attachment, cable, cathodic protective device, conduit, equipment, fitting, gauge, main, manhole, meter, pump, regulator, service, trap, valve, vault, vent or wire, where located under, along, across or upon Santa Fe Avenue, Southern Avenue and Alameda Street in the vicinity of the Pipeline.
F) The phrase "Pipeline Franchise Ordinance" shall mean that certain pipeline franchise Ordinance adopted by the City Council of the City and codified at Chapters 13.02 through 13.18, inclusive, of the South Gate Municipal Code.
G) The phrase "Street" shall mean the public streets, alleys and places within the City of South Gate as the same now or may hereafter exist, and in which the City has the opportunity to grant a franchise.
SECT10N2. The right, privilege and franchise, subject to all terms and conditions contained in this Ordinance, and pursuant to the provisions of the Division 3, Chapter 2 of the California Public Utilities Code, known as the Franchise Act of 1937, is hereby granted to Grantee, to operate, maintain, use, repair, replace, relocate and wsai
4418641.2-L235.53 2
17- 75
t
remove the Pipeline and Appurtenances for the purpose of conducting, transporting, conveying and carrying oil, gas, gasolirie, petroleum, wet gas, hydrocarbon substances, and similar liquid substances under and across the City's right-of-way upon the terms and conditions set forth in Section 3, below.
SECTION 3. The rights granted herein shall be subject to (a) the terms and conditions set forth in this Ordinance, and (b) repairs to or replacements of the Pipeline and Appurtenances by the Grantee, at the Grantee's expense and at such time or times as directed by the City.
SECTION 4. The Franchise shall be for a term of five (5) years commencing September 13, 2016 and expiring September 13, 2021, unless terminated earlier for any of the following reasons:
A) The Grantee shall fail, within thirty (30) days after the passage of this Ordinance granting the Franchise, to file with the City Clerk a written acceptance of the terms and conditions of this Ordinance as specified in Section 14 of this Ordinance, below, in which case the Franchise shall expire immediately and be of no force or effect; or
a
B) The Franchise is forfeited by the Grantee due to the Grantee's noncompliance with the terms and conditions of the Franchise, in which case such termination shall be immediate following the expiration of any applicable cure periods available to the Grantee under this Ordinance or applicable law; or C) The Franchise is voluntarily surrendered or abandoned by the Grantee, or assigned, transferred, sold or leased without the prior express written consent of the City, which assignment shall not be unreasonably withheld; or D) The State of California, the City, or some other municipal or public entity duly authorized by law shall purchase the streets beneath which the Pipeline is located by voluntary agreement, or shall condemn and take same under the power of eminent domain.
SECTION 5.
A) On or before commencement of any franchise operations, the Grantee shall obtain or provide satisfactory evidence of having policies of liability and worker's compensation insurance from companies authorized to transact business in the State of California by the Insurance Commissioner of California as provided by Section 13.08.050 of Chapter I 3.08, Division 1 of Title 13.
I
B) The Grantee shall file with the City Clerk prior to commencement of any franchise operations, either certified copies of the policies or a certificate of insurance for each of the required policies executed by the company issuing the policy, certifying that the policy is in force and as provided by Section 13.08.050 of Chapter 'l 3.08, Division 1 of Title 13.
4418641.2-L235.53 3
76 C) On or before the effective date of this Ordinance, Grantee shall file and thereafter at all times during the life of the Franchise keep on file with the City Clerk a corporate surety bond running to the City or public entity which may become entitled to the benefits herein reserved in the Franchise by virtue of future incorporations or annexations, in the penal sum of ten thousand dollars ($+1 0,000) or such other sum as may be specifically provided for in this Ordinance granting the Franchise, with surety to be approved by the City Attorney, conditioned that Grantee shall well and truly observe, fulfill and perform each condition of the Franchise and that in case of any breach of condition of the bond after thirty (30) days' notice to cure has expired, the whole amount of the penal sum shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties of the bond. If the bond is not to be filed prior to the effective date of this Ordinance, the award of the Franchise may be set aside and this Ordinance granting the Franchise repealed at any time prior to the filing of the bond and any money paid in consideration for the award of Franchise shall be deemed forfeited. In the event that the bond, after it has been so filed, shall at any time during the life of the Franchise, in the reasonable opinion of the City Attorney, becomes insufficient, the Grantee agrees to renew the bond, with sureties to be approved by the City Attorney, within thirty (30) days afier written notice to do so from the City Attorney.
D) As an alternate to the filing of a bond, the Grantee may deposit with the City Clerk and assign to the City savings and loan certificates or shares, or both, in the same amount as required on such bond.
SECTION 6. The Grantee shall pay to the City the following fees pursuant to the following requirements:
A) An initial franchise fee of eleven thousand two hundred fifty five dollars ($11,255.00) pursuant to Section 13.10.010 of Chapter 13.10, Division 1, of Title 13 of the South Gate Municipal Code, prior to the adoption of this Ordinance; and B) A base annual fee for times hereafter specified, in lawful money of the united States, as authorized by Section 6231.5 of the California Public Utilities Code, which annual fee shall be Eighteen Thousand Nine Hundred Thirty-Four Dollars and Twenty-Seven Cents ($18,934.27), computed as follows:
$0.08805 multiplied by two times the internal diameter of pipeline (in inches), multiplied by the number of linear feet of pipeline actually installed or maintained in the public streets, alleys and way under the authority of this franchise.
Said initial base annual fee shall be due and payable annually, during the term of the Franchise, at the end of each "Franchise payment period" as defined in
13.06.080 (2) of Chapter 13.06, Division 1 of Title 13 of the South Gate Municipal Code.
441&641.2-L235.53 4
77 I
C) Pursuant to Section 13.10.060 of the Chapter 13.10, Division 4, of Title 13 of the South Gate Municipal Code, Franchisee shall pay a late fee equal to ten percent (10%) of any payment due hereunder, where such payment remains unpaid beyond thirty (30) days after the date on which such payment is due.
D) Any neglect, omission or refusal by the Grantee to make any such payment as and when due, or to file any related statement, certification or verification as to the required payment reasonably required by the City, at the times or in the manner required herein and in the Pipeline Franchise Ordinance, shall be grounds for the declaration of a forfeiture of the Franchise and of all rights hereunder after thirty (30) days' notice to cure has expired as provided for in Section 12.
E) The Grantee shall file with the City Clerk, within three (3) months after the expiration of the calendar year following the effective date o( its Franchise, a verified statement setting forth in details the Grantee's computation of the annual fee which is payable for the preceding franchise payment period of the annual fee. Any neglect, omission or refusal by the Grantee to file the verified statement, or to pay the annual fee, at the times or in the manner herein provided, shall constitute grounds for the declaration of a forfeiture of this Franchise and of all rights of the Grantee hereunder
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F) In the event of abandonment of facilities with the approval of the City as elsewhere in this Ordinance provided, or in the event of removal of such facilities by the Grantee, the payments otherwise due the City for occupancy of the roads or highways by such facilities shall be prorated for the calendar year in which such removal or abandonment occurs as of the end of the calendar month in which removed or abandoned
SECTION 7. Within ninety (90) days following the date in which Pipeline and Appurtenances or any portion thereof have been modified or removed under this Franchise, the Grantee shall file a plan or plans in such forms as may be required by the City's City Engineer showing the accurate location and size of such modified Pipeline and Appurtenances then in place within the locations identified in Section 1.D of this Ordinance, above.
SECTION 8. The Grantee of this Franchise shall:
A) Maintain the Pipeline and Appurtenances in accordance with and in conformity with all City, County, State and Federal ordinances, statutes, rules, regulations and other laws (whether now existing or hereafter adopted) applicable to the installation location, use, maintenance and/or removal of the Pipeline and Appurtenances;
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B) Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this Franchise, including restoring the Street to its original condition upon the removal of all or any portions 4418641.2 - L235.53 5
78 of the Pipeline and Appurtenances, or upon the termination or non-renewal of the Franchise;
C) Indemnify and hold harmless the City, its officers and employees from any and all liability for damages proximately resulting from the Grantee's acts or omissions under this Franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this Franchise; D) Remove or relocate, at the request of the City and without expense to the City, any or all of the Pipeline and Appurtenances if and when made necessary by any lawful change of grade, alignment or width of the affected Street; E) Use, operate, repair or modify any pipeline for the transportation of flammable or combustible liquids, in a manner prescribed by the California State Fire Marshall, and/or Chief of Los Angeles Fire Department in accordance with Chapter 13.14, Division 1, of Title 'I 3 of the South Gate Municipal Code; and F) Submit certified test results for the pipeline subject to the provision of the Pipeline Safety Act of 1981, California Government Code Section 51010, et seq. The testing shall be conducted as required by the California State Fire Marshal, and certified test results shall be requested by the City from the Fire Marshal. In the event the State Fire Marshal shall fail to provide such certified test results to the City, grantee shall provide such test results to the City upon request; and G) Submit a written petition of franchise renewal to the City at least ninety (90) days prior to the expiration date.
SECTION 9. The Grantee shall obtain an excavation permit, and pay the applicable fee therefore, prior to commencing any excavation in the right-of-way. The Grantee may obtain an excavation permit by filing a set of excavation plans with the City Engineer, which plans shall be subject to the City Engineer's review and approval. The excavation plans shall show the location of the proposed excavation, as well as the location of all known existing pipes, sewers, conduits, improvements and other facilities in or under any Street or public property in which the franchise property is located with an adequate description of the proposed work, including an estimate of the duration of the interference with any street traffic. The issuance of any excavation permit for the repair, modification or replacement of a pipeline for the transmission of flammable or combustible liquids, gases or hazardous materials, shall be as prescribed by the fire Chief of the Los Angeles County Fire Department in accordance with Chapter 13.14, Division 1, of Title 13 of the South Gate Municipal Code.
A) Where it is necessary to lay underground pipes through, under or across any portion of a paved or macadamized street, such work, where practicable and economically feasible, shall be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street. If the same cannot be done, or if it is necessary to cut the street in order to access existing pipes and %iid'l
4418641.2-L235.53 6
79 I
appurtenances, such work shall be done pursuant to an excavation permit, as provided in above paragraph, to be issued by the City Engineer upon application therefore.
B) All work shall be subject to inspection by the City Engineer. All street coverings or openings, valves, vaults and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground vaults and manholes may, subject to the prior approval of the City Engineer, extend above the surface of the streets when such vents are located in parkways, between the curb and the property line. The Grantee shall provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment in accordance with City ordinances, rules or regulations, and shall comply with such additional safety measures as the City Engineer may direct.
SECTION 10.
a
A) The Grantee shall develop and maintain an emergency response plan, satisfactory to the City Engineer, which covers all franchise operations within the City. In general, an emergency response plan meeting the requirements of Federal and State law and containing the information contained in this section shall be acceptable. The emergency response plan shall include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including but not limited to traffic control, street excavation, pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the City Engineer shall reasonably require. Repairs to a public street, alley or parkway shall be completed within seventy-two (72) hours unless otherwise authorized by the City Engineer. The City Engineer shall be notified ten (10) days in advance of any proposed change in such arrangements. Grantee's emergency response plan shall be submitted to the City Engineer within thirty (30) days after the effective date of the Franchise.
a
B) Whenever any Pipeline or Appurtenance breaks or leaks so as to cause the release of oil or products thereof into the public right-of-way, Grantee, and any other person using or controlling the Pipeline or Appurtenance, shall immediately notify the City's Police Department and Public Works Department and shall implement precautionary safety measures including traffic control, system shutdown, valve closures, and public notification. In the event of an emergency which threatens life, health, safety or property, and where it is not possible to obtain an excavation permit prior to commencement of the work, the Grantee may commence such work; provided, however, that within seventy-two (72) hours thereafter the Grantee shall make application to the City Engineer for an excavation permit in accordance with the procedures specified herein. The City Engineer may impose conditions upon the issuance of the excavation permit, and all work shall be subject to inspection. Adequate traffic safety barriers shall be maintained at all times, and any damaged portion of the Street shall be restored to its original condition.
4418641.2-L235.53 7
80 C) If any portion of any Street is damaged by reason of defects in the Pipeline and Appurtenances, or any portion thereof, or by reason of any other cause attributable to or arising from the operation of the Pipeline and Appurtenances, the Grantee shall, at its sole cost and expense, immediately repair ail damages and restore the Street to the condition existing before such damage occurred. All such work shall be done under the direction of the City Engineer, and to the reasonable satisfaction of the City Engineer. Grantee shall repair such damage and restore the Street within three (3) working days after written demand therefore by the City Engineer, or such other period as the City Engineer may authorize when required for the protection of the public health and safety. !w'k-
D) If the Grantee, afier reasonable notice, fails or refuses to pave, surface, grade, repave, resurface or regrade as required by the provisions of this Franchise, the City may cause the work to be done and shall keep an itemized account of all costs, including reasonable administrative overhead expenses, Grantee shall pay such costs to City within thirty (30) days after presentation to Grantee of an itemized account of such costs.
SECTION 11.
A) Grantee acknowledges that the City's records may not be complete and that pipelines and appurtenant structures unrelated to the Pipeline, and previously unknown to City, are frequently discovered. Consequently, by granting this Franchise or by approving any excavation permit requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein shall be deemed to make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City's approval of excavation permits and/or plans, regardless of whether any information is supplied by the City to the Grantee pertaining to the location of existing pipes, Facilities or other improvements on, in or under any Street or other public property.
ml
B) The Grantee shall keep and preserve, within the County of Los Angeles for a period of five (5) years, subsequent to the date of the most recent franchise fee determination as ascertained by an audit made by the City or on its behalf, all the records necessary to determine the amount of such franchise fee.
C) At all reasonable times, the Grantee shall permit the City or its duly authorized representative, to examine the Pipeline and Appurtenances and to examine and transcribe any and all books, accounts, papers, maps, and other records kept or maintained by the Grantee or under its control and associated with the Pipeline and Appurtenances and/or the financial condition of the Grantee with respect thereto.
4418641.2-L235.53
8 81
SECTION 12.
a A) If the Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this Franchise, and shall not, within thirty (30) days after written demand for compliance, begin the work of compliance, or after commencing such compliance shall fail to prosecute the same with due diligence to completion, then the City, acting by and through its legislative body, may declare this Franchise forfeited.
B) In the event of noncompliance by the Grantee with any of the conditions hereof, the City may, in addition to all other remedies provided for herein, bring suit for the forfeiture or termination of this Franchise.
SECTION 13.
a
A) At the expiration, revocation or termination of this Franchise or of the permanent discontinuance of the use of all or a portion of the Pipeline or Appurtenances, the Grantee shall, within thirty (30) days thereafter, make written application to the Director of Public Works for authority either to: (1) abandon all or a portion of such facilities in place; or (2) remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned, their location with reference to City highways, and shall describe with reasonable accuracy the physical condition of such facilities. The Director of Public Works shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be effected. He or she shall then notify the Grantee of his or her determinations.
B) Within thirty (30) days after receipt of such notice, the Grantee shall apply for a permit from the Public Works Department to abandon or remove the Pipeline and Appurtenances (or portion thereof, as appropriate).
C) The Grantee shall, within ninety (90) days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.
SECTION 14.
adoption.
This Ordinance shall take effect on the thirty-first (31S') day after its [Remainder of page left blank intentionally]
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4418641.2-L235.53 9
24 82
SECTION 15. The Grantee of this Franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this Franchise; said payment to be made within thirty (30) days after the City shall have furnished said Grantee with a written statement of such expenses.
SECTION 16. The City Clerk shall certify to the adoption of this Ordinance and shall cause same to be published as required by law.
PASSED, APPROVED AND ADOPTED this l3'h day of September 2016.
CITY OF SOUTH GATE:
W.H. (Bill) De Witt, Mayor
(SEAL)
swuh
APPROVED AS TO FORM:
ul F. Salinas, City Attorney
swd
4418641.2-L235.53 10
-x5;'
83 ORDINANCE CF,RTui'ICATION PAGE
a
STATE OF CAIJFORNIA
COUNTY OF IA)S ANGELES ) SS
aTY OF SOUTH GATF,
I, Carnnen Avalos, City Clerk ofthe City of South Gaie, California, hereby zrtity that the whole numberOfMemben of'theCity COunCil OfsaidCity i8fiVe; that OfdinuC*N0. 2329 was adapted by the City Council at their Regular Meeting held on September 13, 2016, by the following vote:
Ayes: Council Members: De Witt, Davila, Hurtado mid Bemal Noes: Cound Members: None
Absent: Cound Menibers: Morales
a
Abstain: Council Members: None
Witness my hand and theseal of said City on September 15, 2016.
C. (.,
Carmen Avalos, City Clerk
City of South Gate, California
a
84 DocuSign Envelope ID: 9AB69BE6-17F4-475D-9BC7-C5E4C8E3B5DB STATE OF CALIFORNIA-NATURAL RESOuRCES AGENCY Gavin Newsom, Govemor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
OFFICE OF THE STATE FIRE MARSHAL
3780 Kilroy Airport Way, Suite 500
Long Beach, California 90806
(562) 497-0350
October 22, 2021
Kenneth Tang
City of South Gate
8650 California Road
South Gate, California 90280
SUBJECT: TORRANCE PIPELINE COMPANY LLC (TLC) M-1 45 (OSFM LINE #0205) Dear Mr. Tang:
The Office of the State Fire Marshal (OSFM) confirms that Torrance Pipeline Company (TLC) is in compliance with Federal and State laws and regulations regarding the maintenance and operation of the below referenced pipeline in the City of South Gate.
TLC's M -145-line flows from TLC Torrance meter station to TLC Vernon Terminal with a connection to Kinder Morgan Watson station. M-145 is 12"in diameter and is 18.26 miles in total length.
TLC is required to operate and maintain its pipelines pursuant to the California Pipeline Safety Act and the u.s. DOT Code of Federal Regulations (CFR). A standard inspection of this pipeline was conducted in March 2016 with no violations found. A successful pressure test was last conducted on January 1, 2019. An internal inspection of the pipeline (Smart Pig) was performed on December 19, 2019.
If you have any questions, please do not hesitate to contact me.
Sincerely,
JAMES HOSLER
AsSiStant Deputy Director
Chief of Pipeline Safety and CUPA Programs
"Tiie Department of Forestry wd Fire Protection serves and safeguards the people and protects the property and resources of California." 2?- 85
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86 €ITYMANAGER'S OFFICE
Item No. 6
SEP 0 7 2022
'l '. r S'-CcvV"
Ciffl of South Gate
CITY COUNCIL
AGENIDA JLL
For the Regular Meeting of. September 13, 2022
Department Head:
ArhiroCervante3, Chris3effers
SUBJECT: AMENDMENTN0.2TOCONTRACTN0.3377WITHHYDROSCIENTIFIC
WEST TO PROVIDE AS-NEEDED SPECIALIZED TECHNICAL SUPPORT SERVICES
FORTHE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM OF
THE CITY'S MUNICPAL WATER SYSTEM
PURPOSE: To extend the contract on a month-to-month basis, for up to six months, with HydroScientific West (HS W) to provide sufficient time to issue a Request for Proposal (RFP) to procureanewcontract. HSWisundercontracttoprovideas-neededtechnicalsupportservicesfor the Supervisory Control and Data Acquisition (SCADA) System. The current contract expires on September 30, 2022.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 3377 with HydroScientific West to provide as-needed SCADA System technical support services on a month-to-month basis for up to six months for an amount not to exceed $15,000; and b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
FISCALIMPACT: ThereisnoimpacttotheGeneralFund.AmendmentNo.2isinthearnountof $90,000 and it is funded with Water Funds budgeted in AccountNo. 411-731-71-6101. The revised contract amount inclusive of Contract No. 3377, Amendment No. 1 and Amendment No. 2 is $165,000. HSW has agreed to keep the same rate schedule from 2017.
ANALYSIS: On October 10, 2017 the City Council approved Contract No. 3377 with HSW to provide as-needed technical support services for the SCADA System for a three-year term for an amount of $90,000, or $30,000 annually, with an option to extend the contract for two additional years. OnSeptember22,2020,theCityCouncilapprovedAmendmentNo.1toextendthecontract for two additional years for an amount not-to-exceed $60,000, or $30,000 annually. The contract expiresonSeptember30,2022. StaffisrecornmendingtheapprovalofArnendmentNo.2toextend the contract on amonth-to-month basis for an amountnot-to-exceed $15,000 to allowtimeto issue a Request for Proposal (RFP) to procure a new contract. 1 87
BACKGROUND: The City's municipal water system is a complex network of facilities consisting of eight active water wells, four booster pump stations, four reservoir sites, and over 135 miles of water distribution pipelines. The water system is equipped with a SCADA system which is a so'ftware and hardware program installed atthe Field Operations Corporate Yard and severalwater production sites to operate the water system remotely. As such, the SCADA system is a vital component of the water system.
The SCADA System requires regular maintenance, troubleshooting, software and hardware upgrades, and technical support of the type that is common to any computer-based system.
Technical support is also required after infrastructure upgrades are completed, such as, to install or integrate new components to the SCADA system.
The scope of work of ArnendmentNo. 2 includes technical assistance from a specialist consultant, as follows:
* Troubleshoot instrumentation and hardware to rectify system issues, * Install new control components and hardware as directed by the City staff, * Upgrade/enhanceexistingmonitoringsystemsatremotesitestosupplementcapitalprojects, * Ensure software updates on a continuous basis. Provide continuous remote assistance, and * Meet with City staff and other support contractor to ensure the integrity of the SCADA System.
HSW has detailed knowledge of the SCADA system for the City's water system as they are the original installers of the SCADA system. Over the past nine years, HSW has successfully provided technical support in operating and maintaining the SCADA system.
ATT ACHMENTS: A.
B.
C.
Proposed Amendment No. 2
Amendment No. 1
ContractNo. 3377
CC:lc
2 88
AMENDMENT N0. 2 TO CONTRACT N0. 3377 FOR AS-NEEDED
TECHNICAL SUPPORT SERVICES FOR THE SUPERVISORY
CONTROL AND DATA ACQUISITION (SCADA) SYSTEM WITH
HYDROSCIENTIFIC WEST
This Amendment No. 2 to Contract No. 3377 for providing as-needed technical support services for the Supervisory Control and Data Acquisition (SCADA) System is made and entered into on September 13, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HydroScientific West, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on October 10, 2017, the City Council approved Contract No. 3377 with Consultant ("Agreement") to provide as-needed technical support services for the SCADA System for $90,000 for a three-year term with an amount not-to-exceed $30,000, annually, and an option to extend the contract for two additional years;
WHEREAS, on September 22, 2020 the City Council approved Amendment No. 1 to extend the contract for two years for a total amount of Sixty Thousand Dollars ($60,000), not to exceed an annual amount of $30,000 to continue providing services and bringing the aggregate total of the Agreement and Amendment No. 1 to One Hundred Fifty Thousand Dollars ($150,000).
WHEREAS, the City and Consultant desire to execute Amendment No. 2 in an amount not to exceed Fifteen Thousand Dollars ($15,000), extending the term of the Agreement for an additional 6-month term through and including March 30, 2023, for services identified in Exhibit "A" attached hereto, under the terms and conditions ofthe Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, and Amendment No. 2 to One Hundred Sixty-Five Thousand Dollars ($165,000).
NOW, THEREFORE, the Parties hereby agree as follows:
1. TERM OF AGREEMENT
The term of the Agreement shall be extended on a month-to-month basis for up to six months through March 30, 2023 as described in Exhibit "A", unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either party as provided in the Agreement.
2. COMPENSATION.
The amount of compensation paid by City to Consultant for this Agreement, Amendment No. 1, and the work identified in Exhibit "A" shall not exceed One Hundred Sixty-Five Thousand Dollars ($165,000).
3. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall 89 Amendment No. 2
Contract No. 33 77
remaininfullforceandeffect. Withoutlimitingthegeneralityoftheforegoing,Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
BY:
AI Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
HYDROSCIENTIFIC WEST:
BY:
Ronald Nauman, President
Date:
4 90
HYffi!eft@ SCffiENTjFMC
m'sii' v'- <i ii is ri )k 511
Exhibit "A'5
July 17, 2022
Mr. Clu-is Castillo
City of Soutli Gate
4244 Santa Ana Strect
Soutli Gate, CA 90280
Subject: Amendment #No. 2 to contract #3377, Proposal for SCADA services and Instrumentation & Control
Dcar Chris:
We would like to take tbis oppottunity to thank you for allowing us to subtnit tliis amendment for engineering services and support contract for your instrumentation and control requirements for your water distribution systet'n. Over the last 7 !4 years we l'iave writtcn control logic and programmed tlie water districts programtnable logic controllers (PLC's), data radios,.operator interface termiiials (OIT's), axyd the water control human macl'iine interface (HMI) using tlic ClcarSCADA software tl'ie district currently owns and pays to inaixitain. Ill addition we have executed small electrical tasks in support of tbe instrumentation and control system for thc district. We will execute tliis contract in good faitl'i by utilizing our staff of electrical engineers, instiumentation a'iid control tecbnicians, and electricians.
HydroScientific West (HSW) a@ees to keep tlie same rate schedule in Contract No. 3377 Specifically, tliis amendment pertains to:
* Time and Material instrumentation and control services and support not to exceed 6 months in duration.
91 Scope of Work
The instrumentation and control support services we feel can be broken up into 3 components, hardware, software, and communication. Following will be a few brief bullet points for each of the 3 components,
lSoftware
b. Keep version of ClearScada current by ensuring software updates are installed 011 both main and backup servers, in addition to desktop and laptop computers currently used by
OPERATIONS
c, KeepversionofWin911cuirentbyensuringsoftwareupdatesareinstalledonbothmain and backup servers.
d. Keep version of WebX current by ensuring soflware updates are installed on both main and backup servers, in addition to desktop and laptop computers currently used by operations
e. Modify/build/addnewwindowsandmimicscreensfordisplayasfieldcomponentsare added or deleted at the request of district personnel. This includes screen layouts, alarms, set points, and runtime schedules of pumps and boosters as conditions/seasons change. f, Write/modify PLC control logic to accommodate or add features and fiinctionality to existing and new sites as dictated by district personnel, g. Documentanyandallchangestosoftware,andprovidebaclcupfilestodistrictpersonnel
2. Hardware
a. Troxibleshoot instrumentation atid control hardware (transducers, flow meters, pressure and level sensors, motor control) as needed to ensure continuity and integrity of thewater distribution system.
b, Add sensors, controls, components, operator displays, motors, etc, as needed and directed by district personnel
c. Meetwithdistrictpersonnelandothersupportcontractorstoensuretheintegrityofthe instrumentation and control system as needed.
d. Modify current electrical md control drawings witli AutoCAD as required to maintain currency.
3. Communication
a. Maintain radio and antenna hardware and sofl-ware b, Troubleshoot radios and masts/cables at individual sites and repeaters. c, Ensure Esteem software drivers are updated to interface with HA/iI for reporting and status conditions
d. Ensure CDMA modem is operational for call out purposes at water control headquarters.
Ensure the integrity and troubleshoot the remote access/firewall as needed 926 S. Andreasan DrLe #106 a Escondldo, CIA 92029 * Phone: (858) 486.8825 e [email protected] 92 4. Software
a. I(eep version of ClearScada cwent by ensuring sofhvare updates are installed on both main and backup servers, in addition to desktop and Iaptop computers currentlyused by operations
b. Keep version of Win 911 current by ensuring software updates are installed on both main and backup servers.
c. Keep version of WebX current by ensuring software updates are installed on both main and backup servers, in addition to desktop and laptop computers currently used by operations
d. Modify/build/add new windows and mimic screens for display as field components are added or deleted at the request of district personnel. This includes screen layouts, alarms, set points, and runtime schedules of pumps and boosters as conditions/seasons change. e. Write/modify PLC control logic to accommodate or add features and functionality to existing and new sites as dictated by districtpersonnel, f, Document any and all changes to software, and provide backup files to districtpersonnel
5. Hardware
a. Troubleshoot instrumentation and control hardware (transducers, flow meters, pressure and level serisors, motor control) as needed to ensure continuity and integrity of thewater distribution system.
b. Add sensors, controls, components, operator displays, motors, etc, as needed and directed by district personnel
c. Meet with district personnel and other support contractors to ensure the integrity ofthe instrumentation and control system as needed.
d. Modify current electrical and control drawings with AutoCAD as required to maintain currency.
6. Communication
a. Maintain radio and antenna hardware and software b. Troubleshoot radios and masts/cables at individual sites and repeaters. c. Ensurc Esteem software drivers are updated to interface with :F-IMI for reporting and status conditions
d. Ensure CDMA modem is operational for call out purposes at water control headquarters. e, Ensure the integrity and troubleshoot the remote access/firewall as needed, Fees/cost not to exceed
Ourproposednot-to-exceed fee for the above tasks and others not identified is:
$15.000.00
Invoices will be subtnitted on a monthly basis with baclcup to support all costs associated with the invoice, Attached is exhibit "A" of our fee matrix to outline how the costs will be broken out with our personnel.
928 S. Andreasen Drive #10€) s Escondldo, CA 92029 it Phone: (858) 486.8825 * info@hydmscle;.com 93 Again, we are excited and gracious for this opporhinity to continue ourrelationship providing our engineering and support services for your instrumentation needs, We know the importance of this component of services the City of Southgate provides, and we will strive to ensure the integrity of the system, Please call us or email with any questions or concerns with the contents of this proposal,
Respectfully
Ronald Nauman
President
Attachments:
94 HYKaR@ SCIENTIFIC
Wt:!cl' fffflWl
July 17, 2022
HydroScientific West
Time and Material Rates
Labor Rate
Fee Structiire: (rates incl'itde all taxes, benefits, fees, and overliead)
1. Labor rates are as follows Straiglit Time Over-Time (> 8 iiorirs, Sahirday, Stinday, I-{oliday)
Apprentices $62.00 $93.00
$97.00Jo'iuneyinan $145.50
Foreman $121.00 $181.50
Superintendent $119.00 $178.50
Engineer/CADD operator (in liouse) $95.00
Engineer(onsite) $135.00 $202.50
SCADATecl'inicianw/truck $160.00 $240.00
(callout)
Travel Time (straight & oveitime) $60.00 $60.00
Note: Overtime is charged for hours worked over an 8 hour day.
2. Material
a. Billed at invoice amount plus 20% for overliead b. Material orit of stock billed at list price plus 15% overhead and profit 3, Equipment Rental and Subcontractors
a. Billed at invoice rate plus 15% overliead.
Note: Fixed firm price contracts labor and material costs are generally lower.
926S.AndreagenDrive,#)06EscondidoCA92029 858.486.8825 www.hydrosoientificwestcom , 928S.AndreefflenDrive#108*Escondldo,CA92029*Phone:(868)486.8825*info@hydroaclentlflt,west.com 95 Amendment No. l
Contract No. 3377
AMENDMENT N0. 1 TO CONTRACT NO. 3377
FOR TECHNICAL SUPPORT SERVICES FOR THE SUPERVISORY CONTROL AND
DATA ACQUISITION WITH HYDROSCIENTIFIC WEST
Tliis Amendment No. 1 to Contract No. 3377 for Technical Support Services for the Supervisory Control and Data Acquisition (SCADA) System ("Amendment No. 1"), is made and entered into on Septeinber 22, 2020, by and between tlie City of Soutli Gate. a municipal corporation ("City"), and HydroScientific West, a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Paities." RECIT ALS:
WHEREAS, on October 10, 2017, tlie City Council approved Contract No. 3377 witli Contractor ("Agreement ") for Technical Suppoit Services for the Supervisory Control and Data Acquisition (SCADA) System for a three-year term through and including September 30, 2020, in the amount of Ninety Thousand Dollars ($90,000); WHEREAS, Section 9 of the Agreement grants the City tlte option to extend tlie term of tlie Agreement for up to two (2) additional years, beginning October 1, 2020; and WHEREAS, the City and Contractor desire to execute this Amendment No. 1 extending the term of the Agreement for an additional two-year term through and including September 30, 2022, in an amount not to exceed Sixty Thousand Dollars ($60,000), or Thirty Thousand ($30,000) annually, for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. lto a total sum of One Hundred Fifty Thousand Dollars ($150,000).
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. TERM OF AGREEMENT.
Tlie term of the Agreement is hereby extended by two (2) additional years through and including September 30, 2022, unless otherwise expressly extended and agreed to by both Paities in writing, or terminated by either Party as provided in the Agreement.
2. COMPENSATION.
Tlie amount of compensation paid by City to Contractor for the work identified in Exliibit "A" shall not exceed Sixty Thousand Dollars ($60,000), or Thirty Thousand ($30,000) annually. Tlie total sum of the Agreement shall not exceed One Hundred Fifty Thousand Dollars ($150,000).
3. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement sliall remain in full force and effect. Witliout limiting the generality of the foregoing, the Agreement shall remain unchanged during the term of tlie Agreement as extended by Section l above. Furthermore, City reserves the right to augment or reduce tlie scope of work as City deems necessaiy.
96 Amendment No. l
Contract No. 3377
IN WITNESS WHEREOF, tlie Parties liereto have caused this Amendment No. l to be executed and attested by tlieir respective officers )iereunto duly autliorized.
CITY OF SOUTH GATE:
Dated: 'j" :4 -a;>gz e
ATTESTF,D:
By: O O-u
Carmen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
B7:
ul F. Salinas, City Attorney
HYDROSCIE C WEST:
RiNauman, President
Date: g-;)-l- -16Q0
97 HYffla!a S€ IINTIFI(
Exhibit 4'A"
August 26, 2020
Mr. Chris Castillo
City of South Gate
4244 Santa Ana Street
South Gate, CA 90280
Subject: Amendment #No. 1 to contract #3377, Proposal for SCADA services and Instrumentation & Control
Dear Chris:
We would like to take this opportunity to thank you for allowing us to submit this amendment for engineering services and support contract for your instmmentation and control requirements for your water distribution system. Over the last 7 !/i years we have written control logic and programmed the water districts programmable logic controllers (PLC's), data radios, operator interface terminals(OIT's), and the water contml human machine interface (HMI) using the ClearSCADA software the district currently owns and pays to maintain. In addition we have executed small electn'cal tasks in support of the instnimentation and control system for the district. We will execute this contract in good faith by utilizing our staff of electrical engineers, instrumentation and control technicians. and electricians.
HydroScientific West (HSW) agrees to keep the same rate schedule in Contract No. 3377 Specifically, this amendment pertains to:
@ Time and Material instrumentation and control services and support Scope of Work
The instrumentation and control support services we feel can be broken up into 3 components, hardware, software, and communication. Following will be a few brief bullet points for each of the 3 components.
926 S. Andieasen DriVe #108 * Escondmo, CA 92029 * Phone: (858) 486.8825 * Info@hydtosclemi(icWest.com 98 2. Software
a. KeepversionofoClearScadacurrembyensuringsoftwareupdatesareinstalledonboth main and backup servers, in addition to desktop and laptop computers currently used by operations
b. Keep version of Win 911 current by ensuring software updates are installed on both main and backup servers.
c. Keep version of WebX current by ensuring software updates are installed on both main arid backup servers, in addition to desktop and laptop computers currently used by operations
d. Modify/build/add.new windows and mimic screens for display as fie]d components are added or deleted at the request of dishict personnel. This includes screen layouts, alarms, set points, and runtime schedules of pumps and boosters as conditions/seasons change. e. Write/modify PLC control logic to accommodate or add features and functionality to existing and new sites as dictated by district personnel. r. Docurnentanyandallchangestosoflware,andprovidebackupfilestodistrictpersonnel
3. Hardware
a. Troubleshoot instrumentation and control hardware (transducers, flow meters, pressure and level sensors, motor contml) as needed to ensure continuity and integrity of thewater distribution system.
b. Add sensors, controls, components, operator displays, motors, etc, as needed and directed by district personnel
c. Meetwithdistrictpersonnelandothersupportcontractorstoensuretheintegiityofthe instrumentation and control system as needed,
d. Modify currcnt electrical and control drawings with AutoCAD as required to maintain currency.
4. Communication
a. Maintain radio and antenna hardware and software b. Troubleshoot radios and masts/cables at individual sites and repeaters, c. EnsureEsteemsoftwaredrivcrsareupdatedtoimerfacewithHMlforreportingand status conditions
d. Ensure CDMA modem is operational for call out purposes at water control headquarters. e. Ensure the integrity and troubleshoot the remote access/firewall as needed.
Feep/qost not to exceed
Our proposed not-to-exceed fee for the above tasks and others not identified is:
S60.000.00 for 2 v*ars
{nvoices will be submitted on a monthly basis with backup to support all costs associated with the invoice. Attached is exhibit "A" of our fee matrix to outline how the costs will be broken out with our personnel.
926 S. Andieasen Drive #108 it Escondmo. CA 92029 * Phane: (858) 486.8825 * [email protected] 99 Again, we are excited and gracious for this opportunity to continue our relationship providing our engineering and support services for your instrumentation needs. We know the importance of" this component of senices the City of Southgate provides, and we will strive to ensure the integrity of the system. Please call us or email with any questions or concerns w'th the contents of this proposal.
Respectfully:
Ronald Nauman
President
Attachments.
100
HY@Re SCIENTIFIC
Janumy 1, 2017
HydroScientific West
Time and Material Rates
Labor Rate
Fee Structure: (rates include all taxes, benefits, fees, and overhead)
1. Labor rates arc as follows Straight Time Over-Time (> 8 hours. Saturday. Sunday. Iloliday)
ApprenticeS
Journeyman
Foremat
Superintendent
$48,00
$85.00
$115.00
$119.00
$72.00
$127.50
$172.50
$178,50
Engineer/CADD operator (in house) $95.00
Engineer (on site) $115.00
SCADA Technician w/truck
(callout)
$135.00
$172.50
$202.50
Travel Time (straight & overtime) $60.00 $60.00
Note: Overtime is charged for hours worked over an 8 hour day.
2. Material
a. Billed at invoice amount plus 20o/o for overhead b. Materialoutoiastockbilledatlistpriccphisl5o/ooverheadandprolit
3. Equipment Rental and Subcontractors
a. Billed at invoice rate plus 15o/o overhead.
Note: Fixed firm price contracts labor and material costs are generally lower.
926 S. Andmwi D Hl(Hi EseondlkCA9fm9 maims www.liydroscicnlificwcst.com 926 S. Andreasen Drive #106 * Escondido. CA92029 * Phone: (858) 486.8B25 ii info('ht/dros6entlfiyest.com 101
Contract No. 3377
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between the City of South Gate, a municipal corporation ("City"), and HydroScientific West, a California corporation ("Consultant").
RECIT ALS
WHEREAS, City has the need for certain technical and professional engineering services in connection with that ceitain project identified as: AGREEMENT WITH
HYDROSCIENTIFIC WEST FOR AS-NEEDED TECHNICAL SUPPORT SERVICES
FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to the Agreement are:
A. Owner: The City of South Gate, a municipal corporation, having its principal office at 8650 California Avenue, South Gate, California 90280.
B. Consultant: HydroScientic West
926 S. Andreasen Dr. Suite 106
Escondido, CA 92029
2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows:
A. The principal representative of the City shall be:
Arturo Cervantes, P.E.
Director of Public Works/City Engineer
Public Works Department
City of South Gate
8650 California Avenue
South Gate, CA 90280
l
102
B. The principal representative of the Consultant shall be:
Ron Nauman. President
HydroScientific West
926 S. Andreasen Dr. Suite 106
Escondido, CA 92029
Phone: (858) 486-8825
C. Fornnal notices, demands and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by mail.
D. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five (5) working days of said change.
3. Description of Work.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services, as needed, set forth in the "Proposal" attached hereto as Exhibit "A". Consultant shall perform and complete, in a manner satisfactory to City, all work and services set forth in Exhibit "A". The Director of Public Works, or the Director of Public Works' designee, shall haye the right to review and inspect the work during the course of its performance at such times as may be specified by the Director of Public Works.
4. Data Provided to Consultant.
City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City's possession, which may facilitate the timely performance of the work described in Exhibit "A".
5. Independent Contractor.
Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City.
6. Consultant's Personnel.
A. All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
B. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City. 2 103
C. Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
D. Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.
7. Compensation.
A. The total compensation to be paid by City to Consultant for as needed work and services described in Exhibit "A" shall be as submitted in the proposal for an amount not to exceed Thirty Thousand Dollars ($30,000) during the term of each year identified in Section 9, below. Consultant's fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit "A" attached hereto and made a part hereof.
Notwithstanding anything to the contrary in the proposal, invoices will be processed for payment and paid subject to approval by Director of Public Works and City Council within forty-five (45) days from date of receipt by Director of Public Works. Travel expenses (time, mileage, etc.) to attend business meetings and/or any other business associated with as-needed services shall be waived and shall not be shown on the Consultant and sub-consultant's compensation submittal to the City.
8. Indemnity and Insurance.
A. Consultant agrees to indemnify, hold harmless and defend the City, its officers, employees, representatives, agents, and volunteers from and against any and all claims, losses, obligations, or liabilities whatsoever incurred in or in any matu'ier arising out of or related to Consultant's negligent or willful acts, errors or omissions, or those of its employees or agents.
Consultant will deliver to City a certificate of insurance evidencing professional liability insurance coverage in an amount not less than $1,000,000.
B. (1) The Consultant, at its expense, shall maintain in effect at all times during the performance of work under this Agreement not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A" or better in the Best's Insurance Guide and authorized to do business in the State of California. (a) Workers' Compensation and Employer's Liability
Workers' Compensation-coverage as required by law.
Employer's Liability-limits of at least $1,000,000 per occurrence. (b) Comprehensive General Liability
Combined Single Limit-$1,000,000 per occurrence, $2,000,000 3 /f 104
aggregate.
The automobile and comprehensive general liability policies may be combined in a single policy with a combined single limit of $1,000,000 per person, $2,000,000 per occurrence. All of the Consultant's policies shall contain an endorsement providing that written notice shall be given to City at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
(2) Policies providing for bodily injury and property damage coverage shall contain the following:
(a) An endorsement extending coverage to City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Agreement. Such insurance shall be primary insurance as respects the interest of City, and any other insurance maintained by City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.
(b) "Severability of Interest" clause.
(C) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by Consultant under the Agreement, including without limitation that set forth in Section II.A.
(3) Promptly on execution of this Agreement and prior to commencement of any work Consultant shall deliver to City copies of all required policies and endorsements to the required policies.
(4) The requirements as to the types and limits of insurance to be maintained by the Consultant are not intended to and shall not in any manner limit or qualify Consultant's liabilities and obligations under this Agreement. (5) Any policy or policies of insurance that Consultant elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the perfornnance of this Agreement shall include a provision waiving the insurer's right of subrogation against the City.
9. Temi of Agreement
The term of this Agreement shall be for a period of three (3) years, commencing October 1, 2017 through September 30, 2020, subject to the termination and cancellation provisions of Sections 10 and 11 below. At the conclusion of this three-year period, the City at 4 105
its option may extend this Agreement for up to two (2) additional years, beginning October 1, 2020.
10. Termination for Convenience.
The City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its propeity. If this Agreement is terminated by City as provided herein, Consultant will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit, but in no event exceeding the annual limitation specified in Section 7. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
11. Termination for Cause.
A. The City may, by written notice to Consultant, terminate the whole or any pait of this Agreement in any of the following circumstances:
(1) If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof, or (2) If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
B. In the event City terminates this Agreement in whole or in part as provided above in paragraph A of this Section 11, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
C. If this Agreement is terminated as provided above in paragraph A, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
D. If, after notice of termination of the Agreement under the provisions of this Section 11 it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the satne as if the notice of termination had been issued pursuant to Section 10. 5 106
12. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, handicap or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection and on file with the Public Works Department.
13. Consultant's Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement.
Upon such breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement. 6 107
14. Subcontracting, Delegation and Assignment.
A. Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the Director of Public Works, which consent may be granted, granted subject to conditions, or denied in the Director of Public Work's sole discretion; provided, however, that claims for money due or to become due to Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification of the proposed assignee, delegee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegee or subcontractor shall include the following:
(1) The amount involved, together with Consultant's analysis of such cost or price.
(2) A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of the City.
B. Any assignment, delegation or subcontract shall be made in the name of the Consultant and shall not bind or purport to bind the City and shall not release the Consultant from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to Consultant under this Agreement.
15. Ownership of Documents.
All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by Consultant in the course of perfortning the work required by this Agreement shall be the property of the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use.
16. Entire Agreement and Amendments.
A. This Agreement supersedes all prior proposals, agreements, and understandmgs between the parties and may not be modified or terminated orally.
B. No attempted waiver of any of the provisions hereof, nor any modification in the nahire, extent or duration of the work to be performed by Consultant hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
C. Consultant acknowledges and agrees that it has consulted with an attorney, or has knowingly foregone the opportunity to do so and executes this Agreement knowingly and voluntarily.
7 108
17. Resolution of Disputes.
Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. In the event that the parties cannot reach agreement, parties agree to submit their dispute to non-binding arbitration prior to the comtnencement of any legal action or suit.
The parties are free to choose a mutually agreeable arbitrator; however, in the event of a lack of agreement between the parties, the matter shall be submitted to the American Arbitration Association and be subject to its Commercial Arbitration Rules. Each party shall bear its own costs and fees, and share equally in the cost of the arbitration fee.
18. If any provision of tliis agreement is held by court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
19. Exhibits.
The following exhibit to which reference is made in this Agreement is deemed incorporated herein in their entirety:
Exhibit "A" Proposal dated September 14, 2017
20. Governing Law.
This Agreement shall be governed by the laws of the State of California.
21. Effective Date.
Unless otherwise specified herein, this Agreement shall become effective as of the date set forth on which the last of the parties, whether City or Consultant, executes said Agreement, and shall terminate three years from the date executed, unless terminated otherwise in accordance with the terms of this agreement.
[Remainder of page left blank intentionally]
8 109
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND
HYDROSCIENTIFIC WEST
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. "CITY"
CITY OF SOUTH GATE
/r)
Dated:
ATTEST:
Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
"CONSULT ANT"
HYDROSCIENTIFIC WEST
Signature
%'lO[ & V'( '$
Title
Dated: iJ-/3'-,IIDI l
9 H 110
Exhibit A
WEST
September 14, 20l7
Mr. Chris Castillo
City of South Gate
4244 Santa Ana Street
South Gate, CA 90280
Subject: Proposal for SCADA services and Instrumentation & Control Dear Chris:
We would like to take this opportunity to thank you for allowing us to submit this proposal for engineering services and support contract for your instrumentation and control requirements for your water distribution system. Over the last 4 !A years we have written control logic and programmed the water districts programmable logic controllers (PLC's), data radios, operator interface terminals (OIT's), and the water control human inachine interface (HMI) using the ClearSCADA software the district currently owns and pays to maintain. h'i addition we have executed small electrical tasks in support of the instrumentation and control system for the district. We will execute this contract in good faith by utilizing our staff of electrical engineers, instrumentation and control technicians, and electricians. By having these diverse personnel in house allows us to quickly initigate any service or support issues that may arise regarding the many components associated with your districts water control/SCADA system.
Specifically, your request is for:
* Time and Material instrumentation and control services and support Since we are intimately Familiar with the hardware, software, and logic, and operations that control your system we can immediately integrate as part of your team without the need and resources to get competent on operating and maintain all the components associated with your water control system.
Scope of Work
The instrumentation and control support services we feel can be broken up into 3 components, hardware, software, and communication. Following will be a few brief bullet points for each of the 3 components.
Escoi'idirio CA 92029 o Plitine (858) z',86 8825 * into@liytlroscientilicvyest c.oni 111
1. Sofhvare
a. Keep version of ClearScada current by ensuring software updates are installed on both main and backup servers, in addition to desktop and laptop computers currently used by operations
b. Keep version of Win 911 current by ensuring software updates are installed on both main and backup servers.
c. Keep version of WebX current by ensuring software updates are installed on both main and backup servers, in addition to desktop and laptop coinputers currently used by operations
d. Modify/build/add new windows and i'nimic screens for display as field components are added or deleted at the request of district personnel. This includes screen layouts, alarms, set points, and runtime schedules of pumps and boosters as conditions/seasons change. e. Write/modify PLC control logic to accommodate or add features and functionality to existing and new sites as dictated by district personnel. f. Document any and all changes to software, and provide backup files to district personnel
2. Hardware
a. Troubleshoot instrui'nentation and control hardware (transducers, flow meters, pressure and level sensors, inotor control) as needed to ensure continuity and integrity of the water distribution system.
b. Add sensors, controls, components, operator displays, motors, etc. as needed and directed by district personnel
c. Meet with district personnel and other support contractors to ensure the integrity of the instrumentation and control system as needed.
d. Modify current electrical and control drawings with AutoCAD as required to maintain currency.
3. Communication
a. Maintain radio and antenna hardware and software b. Troubleshoot radios and masts/cables at individual sites and repeaters. c. Ensure Esteem software drivers are updated to interface with HMI for reporting and status conditions
d. Ensure CDMA modem is operational for call out purposes at water control headquarters. e. Ensure the integrity and troubleshoot the remote access/firewall as needed.
Fees/cost not to exceed
Our proposed not-to-exceed fee for the above tasks and others not identified is:
$30,000/year.
Invoices will be submitted on a monthly basis with backup to support all costs associated with the invoice. Attached is our fee matrix to outline how the costs will be broken out with our personnel.
926 S. Andreasen Drtve #106 Escondido. CA 92029 e Phone (8581 486 8825 iiin(o@hydioscienli{icviesl'com 1=10-#1=# 112
Again. sve are excited and gracious for tl'iis opportunity to continue otir relationsliip providing our engineering and support services for you instnunentation needs. We know tlie importance of this component of the services tlie Cit>i of Soutligate provides and we will strive to ensure tlie integrity of tlie systein. Please call LIS or email witli ai'iy questions or concerns witli tl'ie contents of tliis proposal.
Respectfully:
;7"'J2,:;]
Ronald Nauman
Presidei'it
Attachments:.....
{926 :i Antttasen Dnve #106 ESCOl1didO CA 92C2': I P lOiYe I ')5E 4€& ii8::S a lrij(qliytilcscit!n:.R::'.I.ls:aC'Lli1 113
January 1, 2017
HydroScientific West
Time and Material Rates
Labor Rate
Fee Structure: (rates include all taxes, benefits, fees, and overhead)
1. Labor rates are as follows Straight Time Over-Tiine (> 8 liours, Saturday, Sunday, Holiday)
Apprentices $48.00 $72.00
Journeyman $85.00 $127.50
Foreman $115.00 $172.50
Superintendent $119.00 $178.50
Engineer/CADD operator (in house) $95.00
Engineer(onsite) $115.00 $172.50
SCADATechnicianw/truck $135.00 $202.50
(callout)
Travel Time (straight & overtime) $60.00 $60.00
Note: Overtime is charged for hours worked over an 8 hour day.
2. Material
a. Billed at invoice amount plus 20% for overhead b. Material out of stock billed at list price plus 15o/o overhead and profit
3. Equipment Rental and Subcontractors
a. Billed at invoice rate plus 15% overhead.
Note: Fixed firm price contracts labor and material costs are generally lower.
926 S. Andreasen Drive, #106 Escondido CA 92029 858.486.8825 xvww.hydroscientificwest coin fl 114
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WASHINGTON - The Internal Revenue Service today issued the 2017 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.
Beginning On Jan. r, 2017, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
53.5 cents per mile for buslness miles driven, down from 54 cents for 201fi 17 cents per mile driven for medical or moving purposes, down from 19 cents for 2016 14 cents per mile driven in service of charitable organizations The business mileage rate decreased half a cent per mile and the medical and moving expense rates each dropped 2 cents per mile from 2016. The charitable rate is set by statute and remains unchanged.
The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes Is based on the variable costs.
Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.
A taxpayer may not use the business standard mileage rate for a vehicle after uslng any depreciatlon method under the Modified Accelerated Cost Recovery System (MACRS) or afterclaiming a Section 179 deduction for that vehicle.ln addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.
These and other requirements are described in Rev, Proc. 2010-51 (httos://www.irs.gov/oub/irs-drop/ro-10-51.pdf1. Notice 2016-79 (httos://www.irs.gov/pub/irs- posted today on IRS.gov, contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken underthe business standard mileage ratei and the maximum standard automobile COSt that a taXpayer mad uSein computing the allowance under a fixed and variable rate plan.
2-f 115
CITYMANAGER'S OFFICE Item No. 7
SEP 0 7 2022
City of South Gate
CITY COUNCIL
AGENDA BILL
Departmetzt Director:
For tlie Regular Meeting of: September 13, 2022
Originating Qepartment: Administrative Services
Kristooher C e erS
SUBJECT: AMENDMENT N0. 1 TO CONTRACT N0. 2022-52-CC WITH MY CHENG &
ASSOCIATES FOR TEMPORARY PROFESSIONAL ST AFFING SERVICES PURPOSE: To approve Amendment No. 1 to Contract No. 2022-52-CC witli MV Cheng & Associates for temporary professional staffing services.
RECOMMENDED ACTIONS: Tlie City Council will consider:
a. Approving Amei'idment No. 1 to Contract No. 2022-52-CC witli MV Cheng & Associates, retoactively effective July 1, 2022, tlirougli June 30, 2023, for temporary professional staffing services in ai'i amount not-to-exceed $164,000;
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to tlie City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Funding for this agreement will come from savings from tlie various departments' salaries and benefits budgets, as temporary staffing will norinally be used when covering vacancies or extended leaves.
ANAI,YSIS: None
BACKGROUND: Tlie Adi'ninistrative Services Depaitment is currently utilizing MV Cheng & Associates to temporary fill needs for finance and accounting professionals. Staff is proposing to use tlie same contract and add additional funds to secure temporary staffing for Human Resources services. Since a position in tlie Htu'nan Resorirces division ren'iains rinfilled, tlie City worild like to contiruie to contract witl'i MV Cheng & Associates to provide qrialified liumaii resorirces professionals to assist witli recruiting and screening applications ruitil tlie current vacant Human Resorirces Analyst position is filled. It is anticipated tliat tlie position will be filled once tlie Director of Human Resorirces is liired. Amendment No. l will bring tlie total cost of tlie Agreement to $164,00, as sliown below.
Contract with MY Cheng
& Associates
Date Approved Term Ending Amount Contract Total
Contract No. 2022-52-CC July 12, 2022 Deceinber 31,
2022
$115,000 $115,000
Ainendn'ient No. l Pei'iding June 30, 2022 $49,000 $164,000 ATTACHMENTS: A. Proposed Amendment No. 1 to Contract No. 2022-52-CC B. Contract No. 2022-52-CC
I
116
ATT ACHMENT A
AMENDMENT N0. 1 TO CONTRACT N0. 2022-52-CC
FOR PROFESSIONAL SERVICES FOR TEMPORARY
HUMAN RESOURCES ST AFFING BETWEEN THE CITY
OF SOUTH GATE AND MY CHENG & ASSOCIATES
Tliis Amendment No. 1 to Contract No. 2022-52-CC for Professional Services for Human Resorirces Staffing 01Th an As-Needed and Temporary Basis ("Agreement") is made and entered into on September 13, 2022, by and between tlie City of South Gate, a municipal corporation ("City"), and MV Clieng & Associates, a Califoriiia corporation ("Consultant"). City and Consultant are sometimes liereinafter individrially refened to as a "Party" and collectively as "Paities."
RECIT ALS
WHEREAS, City does i'iot have the personnel able and/or available to perform tlie services required under tliis Agreement;
WHEREAS, Coi'isultant warrants to tlie City that it has a pool of sub-contractors witl'i tlie skills, knowledge, qualifications, and expeitise to peiform properly and timely tlie Professional Setavices under the Agreement; and
WHEREAS, on July 12, 2022, City and Consultant executed Contract No. 2022- 52-CC for Professional Staffing Services ("Agreement"), in an amorint not to exceed One Hundred Fifteen Tliousand Dollars ($115,000);
WHEREAS, City and Consultant desire to execute Amendment No. I to provide additional Human Resources Staffing Services, in an amount not to exceed Forty-Nine Thousand Dollars ($49,000), under the terms and conditions of tlie Agreement and An'iendment No. I bringing tlie aggregate total of the Agreement and Amendment No. 1 to t)ie sum of One Hundred Sixty-Four Thousand Dollars ($164,000).
NOW, THEREFORE, tl'ie Parties l"iereby agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to continue its services and perform the tasks identified in Exhibit "A" and made a part of tlie Agreement and Amendment No. ]. Tlie Scope of Services may be amended from tiine to time by way of a written direction from the City.
2. COMPENSATION. Tlie total amount of compensatioii for tliis Agreement and Amendment No. I sliall not exceed tlie sum of One Hundred Sixty-Four Thousand Dollars (164,000.00). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to tlie Agreei'iient and Amendment No. 1. No additional compensation sliall be paid for any other expenses incurred unless first
2 117
Amendment No. l to
Contract No. 2022-52-CC
approved by tlie City Manager.
2.I Consultant sliall be required to attend meetings at City Hall as necessary in tile delivery of projects. Travel time between tl'ie Consultant's office and City Hall sliall notbe billable.
Consultant may request an exemption on a case-by-case basis, whicl'i shall be subject to City approval.
2.2 Consultant sliall be paid in accordance with tlie schedule included in Coiisultant's proposal attaclied liereto as Exhibit "A." City shall pay the Consultant witliin tl'iirty (30) days of receipt of the invoice.
2.3 No payment inade hereunder by City to Consultant, other than tlie fiiial payment, sliall be construed as an acceptance by City of any work ormaterials, nor as evidence of satisfactory performance by Consultant of its obligations under tliis Agreement.
3. TERM OF AGREEMENT. This Agreei'i'ient is effective retroactive to July 1, 2022, and will remain in effect tlirough June 30, 2023, unless otl'ierwise expressly extended and agreed to by botli Parties in writing, or terminated by eitlier Paity as provided herein.
4. EFFECT OF AMENDMENT. Except as expressly amended herein, all otlier terms and conditions of the Agreen'ient and its Amendn"ients, Attaclbnents and Exhibits attacl"ied liereto, shall rei'nain in full force. City reserves the right to augment or reduce tlie scope of work as tlie City deems i'iecessary.
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3 118
Amendment No. l to
Contract No. 2022-52-CC
IN WITNESS WHEREOF, tlie Paities hereto liave caused tliis Amendi'nent No. l to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
B)/: QJj.Th '
Raul F. Saliiias, City Attorney
MY CHENG & ASSOCIATES:
By:
Misty Clieng, President & CEO
4 119
Contract No. 2022-52-CC
ATT ACHMENT B
AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND MY CHENG & ASSOCIATF,S FOR PROFE8SIONAL FINANCIAL AND ACCOUNTING 8T AFFING ON AN A8-NEEDED AND TEMPORARY BASIS
This Agreement ror Professional Serv!ces for Financial and Accounting Staffing on ai'i As-Needed and Temporary Basis, ("Agreeinent") is made and entered into as ofJuly 1, 2022, by and between tl'ie Ci% of South Gate, a municipal corporation ("City"), and MV Cheng & Associates ("Consuitaiit"), City ai'id Consultant are soinetlmes hereinafter individually referred to as a "Party" and collestively as "Parties."
RECIT ALS
WHEREAS, City does not liave the personnel able and/or ayailable to perform the services required under tliis Agreement; and
WHEREAS, Consultant warrants to the Cii that it has a pool of sub-contractors with the skills, knowledge, qualificatioxis, and expertise to perform properly and tii'nely tlie Professional Services under tlie Agreeinent; and
WHEREAS, based on such representation, City desires to contract with Consultant to provide available professional financial and accounting staff on an as-ncedcd basis, NOW, THEREFORE, the Paities hereby agree as follows:
1, SCOPE OF SERVICE8, City hereby engages Consultarit, and Consultant accepts suh engagement, to provide avatlable professional staff to perform various financial and accounting tasks requested by the Qty, The Scope of Services may be mutunlly ainended from time to time by both Paities in writii'ig.
2. COMPENSATION FOR SERVICES, Tlie total amount of coinpeirsation for tl'iis Agreement shall not exceed the stim ofOne Hundred and Fifteen Thousand Do]Jars ($115,000,00), The City shall pay Consultarit for its professional services rendered and costs incurred pursuant to this Agreement. No additJonal compensation shall be paid for any otlier expenses incurred unless fint approved by the City Council.
2.1 Consultant siiall be required to attend meetings at City I-{all as necessai7 !n the delivery a of the projects, Travel time bet'ween Consultant"s office and City Hall shall not be billable, ConsuJtant may request an exemption on a case-by-case basis, which sl'iall be sub,ject to City approval.
2,2 Consultant sliall be paid in accordance with the agreed-upon Iiourly rate included in a proposcd engagement letter to be submitted by ti'ie Consultant with respect to tl'ie services requested by the City, Such hourly rates shall be between $60-$80 per hour depending on tlie assignment and skills of the professional staff.
2.3 No payment n'iade hereunder by City to Coi'isultant, other than the final payment, sliall be constt'ued as an acccptarice by City of any work or materials, nor as evidence or 120
Agreement for Professional Services
MY Clieng & Associates
satisfactory performance by tlie Consultant of its obligations under this Agreement,
2.4 The Consultant shall submit to the City a bill of services within 15 calendar days after the end of each month, Tlie City shali pay tlie consultant within forty-five (45) days of receipt of the invoice,
3. TERM OF AGREEMENT, This Agreement is efTective retroactive to July 1, 2022, and will remain in effect through December 31, 2022, unless otlierwise expressly extended and agreed to by botli Paities in writing, orterminated by eitlier Paity as provided ]ierein. 4, CITY AGENT, The City Manager, for the purposes of this Agreement, is the agerit for the City.
Whenever approval or authorization is required, Consultant understaiids tliat tlie City Manager )ILLS the authority to providethat approval orautliorization, 5, CONFLICT OF INT?REST. Consultarit represents tliat it presently lias no interest and sl'iall not acquire any interest, direct or indirect, in any real propeil'y located within City which may be affected by tlie services to be performed by Consultant under tliis Agreement, Consultant futher represents that in performance of this Agreement, no person having sucli interest shall be einployed by it, Within ten (10) days, Consultant agrees tha.t it will iinmediately notify City of any otlier conflict of interest that may exist or de'velop during tlie terin of tli!s Agreement,
5J Consultant represents that no City employee or official l'uts a material financial interest in the Consultant's business, During the term of tliis Agreement and/or as a resuR of being awarded this %eeinent, Coyisultaiit shall not offer, encourage or accept any financial intcrest in the Consultant's busii'iess or in tliis Agreement by any City employee or official.
6, GENERAL TERMS AND CONDITION8.
6.1 Termination for Convenience, The City may tern'iinate this Agreemerit at any time without cause by givJng fifteen (15) days written notice to Consultai'it of sucli termiiiation and specifying the effectiye date thereof, In that event, all fintshed or unfinished documents and other materials shall, at tlie option of City, become its property, If this Agreement is terminated by City as provided herein, Constiltant will be paid tlie total ainount of its costs incuri:ed as oftlie termination date, In no event sliall tits amount payable upon terinination exceed the total maximum coinpensation provided for in tliis Agreeinent.
6,2 Termtnation for Cause,
6,2.1 Tlie City n'iay, by written xiotice to Consultant, terminate the whole or any part of tliis Agreenient in any of tl'ie following circumstances:
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Agreement for Professional Services
MY Cheng & Associates
a, I'f' Consultant fails to perform the services required by this Agreement witliin tlie time specifled herein or any authorized extension tliereof; or b. If Consultant fails to perforin the services called for by this Agreement or so fails to tnake progress as to endanger petf'ormance of this Agreement in accordance with its terms, atid in eitlier of tl'iese circumstances does not correct sish fatlure wJtliin a period of ten (10) days (or SIIOII longer period as City tnay autliorize in writing) after recetpt of notice from City specifyirig sucli failure,
6.2,2 In the everit City terminates this Agreement in wliole or in part as provided above in Subsection 6,2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated, 6,2,3 Iftliis Agreement is terminated as provided above in Subsection 6,2,1, City may reqtitre Consultant to provide all finished or rinfinished doc'iiinerits, data, studies, drawittgs, maps, photographs, reports, films, charts, slcetclies, computation, surveys, models, or otlier similar documentmion prepared by Consciltant, Upon such termination, Consultaiit shall tie paid an amount equal to tlie value of the work perf'oitned, Tn ascertainirig the value of tlie work petal'ormed up to the date of termination, consideration sliall be gtyeri to lyoth coinpfeted workand work in progress, to coinplete and iiicomplete drawings, and to other documents whetl"ier delivered to City or in possession of Consultant, and to authorized reimbursement expenses,
6.2,4 ff, after notice of termination of' the Agreement under the provisions of Subsection 6,2,1 above, it is determined, for any reason, that Consultant was not in default, or tt'iat the default was excusabie, then the riglits arid obligations of tlie Parties sliall be the same as if the notice of termination had been issued pursuant to Sribsection 6,1 above,
6,3 Non-Assignability. Consultant sliall not assign or transfer any interest m this Agreement without tlie express prior written consent of City, 6i4 Non-Discrimination.
6.4,I Consultant shall not discriminate against any employee, subcontractor, or applicant for employirient because of race, creed, gender, gender identity (tncluding gender expression), co)or, religion, ancestry, sexual orientation, national origin, disabHity, age, marital status, family/parental status, or veteran/mi)itmy status, in the performance of its sciaviccs and dtities pursuant to tliis Agreement anct will comply with all applicable laws, ordinai'ices and codes of the Fedpral, State, and County and City goverrunents. 5 122
Agreement for Professiona!,Services
MV Cheng & Associates
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, aiid tliat employees are treated during employment witliout regard to tlieir race, color, reltgion, ancestry, sex, national origin, disabled or age, Consultant will take affirmative actton to ensure (liat all employment practices, including those of any subcontractors retairied by Consultant to perform services under this Agreement, are free from such discrtmination. Such employment practices include, but are not limited to:
hiring, upgrading, demotion, transfer, recruitment, recruttment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship,
6.4,2 The provisions of Subsectioxi 6,4,2 above shall be tnchided iii all solicitations or advertisements placed by oron behalfof Coi'isultantfor persorinel to perform any services under tliis Agreement, Ctty shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliaiice witli tlie equal employment opportunity and noxi- discrimination provisions of this Section, and all applicable proyisions of Bxecirtive Order No. 11246 wliich is incoiporated lierein by tl'iis referenc,e, A copy of Executive Order No, 11246 (relatlng to federal restrictions against discriminatoi7 practices) is available for review and on file with the City C!erlc'sl Office.
6.5 Insurance. Coiistiltarit sliall subi'nit to City certificates indicating compliance with tlie following miniinum insutance requirements no less than one (1) day prior to beginning of perforinance under tbls
6,5.1 Agreei'nent: Workers'.Coinpensation Insurance as required by law, Consultant shall require al) subcontractors siinilarly to provide such workers' compensation insurance for their respective einployees,
6,5.2 Comprel'iensive general and automotive liability insurance protecting Coi'isultant in amounts not less than $1,000,000 f'or petsonal in,iury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each sucl'i policy of insurance sliall:
a, Be issued by a financially res.ponsible insurance coinpany or compaiiies ' admitted or authorized to do business in the State of Califorriia or which is approyed in writing by City,
Li. Name and list as ndditional insured tl'ie (5ity, its officers and employecs. c. Specify its acts as primary Insurance,
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Agreement for Professional Services
MV Clieng & Associates
. Page 5 of 10
d, Contain a clause substantiaUy in the following words: "lt is hereby understood and agreed tliat this pollcy shall not be canceled except upon thirty (30) days prior written notlce to City of'such cancellation or material chaiige," e, Covcr the operatioiis of Consultant pursuaiit to the terms of this Agreement,
6.6 Indemniflcatiou. Consultant agrees to indemnify, defend and liold liarmlcss City and/or any other City agency, including otlier employees, officers and representatives, for/from any and all claims or actions of any ktnd asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, prodticts and subcontractors) neBligen3perforinance under this Agreement, excepting only such claims or actions which may arise otit of sole or aotive iiegligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.
6,7 CompltanceWitliApplicableLaw.ConsultantandCitysliallcomplywithallapplicable laws, ordinances and codes of the Federal, State, County and ckty governments, wit1iout regaiod to coriflict of law principles,
6,8 Independent Coiitractor+ This Agreement is by and between City and Consciltaiit and is not intended, nor sliall it be constnied, to create tlie relationship of agency, servant, employee, partnersliip, joirit venture or association, as between City and Consultai'it,
6.8.1 Consultai'itsl'iallbeanindepeiidentcomractorandshal)havenopowertoim'urany dabt or obligation for or on belialf of City, Neitheio City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's emp)oyees, except as herein set forth, and Consultarit expressly warrants not to, at any time or in any manner represent tliat it, or any of its agents, servants or employees are in any manner employees of Ctty, it being distin:'tly understood that Consultant is and shall at all times remain to City a wliolly independent contractor and Coi'isultant's obHgatioris to City are solely such as are prescribed by this /kgreement,
6,8.2 Indcmnification of CalPER8 Deterinination - In the event tliat Coiisultant or any employee, ageiit, or subconttactor of Consriltant providing services ui'ider this Agreernentclaiinsorisdetermined byacourtofcoinpetentjurisdicttonorCalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employec and/or employer contributions for CalPERS benefits on bel'ialJ' of Consultant or its employees, agents, or subcontractors, as wel) as, for the payment of any penalties and interest on susli contributions which would otherwise be the responsibility of City.
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Agreement for Professional Services
MV Cherig & Associates
6.8,3 BusinessLicenseRequired,AccordingtoTitle2.08.40oftheSoutl'iGateMunicipal Code, a business licerise will be required prior to doing business witliin the City, eyen iftlie business is located outside ofthe City. Verificatiori of avalid Soutli Ciate business license wi]l be required prior to start of wodc and any fees associated with tlie acquisition or maintenance of such business license shall be the sole responsibility of the Consultant,
6.9 Consultant's Personnel.
6.9.1. All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, perinits and licenses required by State and local law to perf'orm such services, including, without limitation, a City of South Gate busiriess liense as required by the South (late Municipal Code, 6i9i2- Consultant shall be solely responsible for the satisfactory work perfori'nance of all personnel engaged in perfoiming services required by tiiis Agreement, and compliance with al) reasonalyle perforinance standards established by City.
6.9.3. Consultant shall be responsible for payment of al] einployees' and subcontractors' wages and benefits and shall comply witli all requirements pertaining to employer's liability, worlcers' compensation, unemployment insurance, and Social 8eturity,
6.9.4, Consu!tant sl'iall indemnify and hold haitnless the City and alI otlier related entities, officers, employees, and representatives from any liability, damages, claims, costs and expenses of any nal'itre arising from alleged violations of personnel practices or of any acts or omissions by Consultant in connectioii with the work perforn'ied artsing from this Agreement.
6,10 Copyrig}it. No reports, maps or otber documents produced in whole or in part urider this Agreeinent shall be the subject of' an al:iplication for copyright by or on belialf of Consultarit.
6.11 Legal Construction.
6,11,l.This Agreement is tnade and entered into in the State of California attd shall in all respects be imerpreted, enforced and governed underthe laws of the State of California without regttrd to conflict of law principles,
6.11.2,This Agreement shall be construed witlaiout regard to the identity of' the persons who drafted its various provisions. Each and every provision of this Agreci'nent sliall be construed as though each ofthe patties participated equal)y ii'i tlie drafting of the same, and any rule of construction tl'iat a docuinent is to be construed a
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agairxst the drafting party shall not be applicable to this Agreement, 6,ll.3.The article and section, captioiis and lieadings lierein have been inseited for convenience only and shall not be considered or referred to in resolving questioris of interpretation or construction.
6,11.4,Wheriever {n this Agreement the context may so require, the masculine gender shall be deetned to refer to and include the feminine arid neuter, and tlie stngular shall refer to and include tlie plural
6.8 Counterparts. This Agreement may Lie executed in counteiparts and, as so executed, shall constitute an agreement whtch shall be binding upon all Paities herein.
6.9 Final Payment Acceptance Constitutes Release. The acceptance by Coxisultant of' the firial payment tnade under this Agreement shall operate as and be a release of City fron'i all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Cotisultant'a work or serv'w;as, Accepia'iica or payment sliall be any negotiatiori of City's check or the failure to malce a written extra compensation claizn within ten (10) calendar days of the receipt of that check, However, apptoval or payment by City shall not coustitutc, nor be deemed, a relcasei of tlie responsibility and liability of Consultant, its emptoyees, sulicontractors aiid agents for tlic accuracy and competency of the information provided aiid/or work performed; nor shall sucli approval or payment be deemed to be an assurryptton of such regponsibility or liability b'y Ctty far aria defect Or error ill tlie WOl'k pi'epared %t COnSuttallt, it8 EMPLOYEES, subgontractors and agents,
630 Corrections, Itt addition to the above indemni&ation obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and tbe cost thereof s)iall be charged to the Consultant.
6.11 Files. All files of Consultant pertairiing to City shall be and remaiti the property of City, Consultant will controi the physical location of sush files duringtbe term ofthis Agreemeiit and s)iall be entitled to retain copies of such files upon terinination of' tliis Agreement,
6.12 Waiver; Remedies Cumulative. Faihire by a Party to insist t'ipo.n the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure contixiues, shall not constitute a waiver of sucl'i Party's right to den'xand compliance by such ot)ier Paity in tlie future. No waiver by a Party of a default or breach of tlie other Party shall be effectiye or binding upon such a Party unless tnade in writin@ by sucli Paity, and no suc)i waiver shall be iinplied 9 126
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froin any omissions by a Party to take any action with respect to such default or breach, No express written waiver of a specified default or breach sliall affect any otlier default or breacli, or cover any other period of time, other than any default or breach atid/or period of time specified, All of tbe ren'iedtes perinttted or available to a Party under tl'iis Agreement, or at law or in equity, shaH be cumulative and a!ternative, and invocation of any such right or remedy shall not coristitute a waiver or election of ren'iedies witli respect to any otlter permitted or available-right of remedy,
6,13 Mitigation of Damages. [n all such siituations arising out of this Agreement, the Parttes shall attempt to avoid and mint!Tlize llie damages resulting from the conduct of tlie otlier Party.
6.14 8everdility. !f any provision in this Agreement is he'd by a coirt of competent jurisdiction to be invalid, void or unenforceable, tlie remaintng provisions will nevertheless continue in full force without being iinpaired or imalidated in any way,
6.15 Attorney's Fees. Tlie Parties l'iereto acknowledge and agree that each will bear hts or its own costs, expenses and attorney'a fees arising out of and/or connected with tlie negotiation, drafting and execution of the Agreement, and all matters arising out of or connected tlierewitl'i except that, in tlie event any action is brought by any l)arty hereto to enforce this Agreen'ient, the prevailing Paity in such action shall be entitlcd to reasonable attorney's fees and oosts in addttion to all other re(iefto wl'iich that Paity or those Parties may be entitled.
6.16 Entire Agreetnent aitd Amendnnents. This Agreement constitutes the whole agreement between City and Consultai'it, and iieitber Party has made any represemaCions to the otl'ier except as expressly contained herein, Neither J)arty, in executing or performing this Agreement, is relying upon any statement or int'ormation not contaitted In this Agreement, Any ameiidments, changes or modifications to tliis Agreement must be made in writing and appropriately executed by botl'i City and Consultant,
6.17 Nottces. Any notice required to be given hereunder shal] be deemect to have been given by email transn'iission witli confirmation ofdelivery and depositing satd notice in the United States i'nail, postage prepaid, and addressed as follows:
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TO CITY:
City of South Gate
Cl'iris Jeffers, Interim City
Manager
8650 California Avenue
8outh Gate, CA 90280
Email: cjeffers(isogiite,orz
TO CONSULT ANTi
Misty Cheng
MY Cheng & Associates
102 W, 24th Street
Upland, CA 91784
(925) 963-9996
Agreement for Professional Services
MV Cheng & Associates
I)age 9 of 10
WITH COURTESY COPY TO:
City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yBlaze@,soHate,,org
6.18 Warranty of Authorized 8ignntories. Each of the signatories hereto warrants and represents tliat lie or slie Js competent and arithorized to enter into tliis Agreement on belialf of the Paity for whom lie or she pcirports to sign, 6j9 Consultation with Attorney. Consultant wanaiits and reprcsents tliat it has consulted with an attorney or knowiitgly and voluntarily decided to forgo such a consultatiori,
6.20 Interpretatioxi Against Drafttng Party. City and Consultant agree that they liave cooperated in tl'ie review and drafting of this Agreement, Accordingly, in the eyent of any ambiguity, neitber Party may claim tliat fhe interpretation of this Agreement shall be constriied against eitlier Party solely because thatParty drafted all or a portion of tliis Agreement, or t)ieclauseat tssue,
7, EFFECTITi7EDATE. TlieeffectivedateofthisAgreementisJulyl,2022,andwillremain in effect tlirough.December 31, 2022, unless ot('ierwise tem"iina(ed in accordance with the terms of this Agreement,
[RemainderofpaBe letlblank intei'itionally,]
if
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IN WITNE88 WHEREOF, tlie Parties !iereto liave critised tliis Agreement to be exectited and attcsted by their respective otlicers tl'icreunto dtily authorizcd.
At Rios, Mayor
ATTEST:
B7i
Yodit City Clerk
APPR
BY:
AS T
I F, Saliitas, City Attoriiey
MV CHF,NG & ASSO.CIATE8i
Misty Clieng, ident CEO'
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CffYMANAa!R'8 0FFICE Item No. 8
-sEP" 2022 City of South Gate'f""' CITY COUNCIL
AGENDA B'J[LL
For the Regular Meeting of: September 13, 2022
Originating Depaitment: Parks & Recreation
Acting Director:
Steve Cost Je ers
SUBJECT: AMENDMENT N0. 1 TO CONTRACT N0. 2022-05-CC WITH THE TWEEDY
MILE ASSOCIATION TO COORDINATE THE AZALEA CAR SHOW FOR THE NEXT THREE (3) YEARS BEGINNING IN 2023 TO 2025
PURPOSE: To renew the Azalea Car Show Operations License Agreement for a three (3) year period with the Tweedy Mile Association.
RECOMMENDED ACTION: The City Council will consider:
a. Approving Amendment No. 1 to Agreement for Car Show Operations, Contract No. 2022-05- CC ("Agreement"), with the Tweedy Mile Association to coordinate the Azalea Car Show for the next three (3) years effective July 1, 2022 to and including June 30, 2025; and b. Authorizing the Director of Parks & Recreation to execute Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: This event is part of the Annual Azalea Festival and staffing in the amount of $2,373 for grounds and facility maintenance workers is included in the FY 2022-23 Budget for the Parks & Recreation Department. The Agreement does have provisions for the Tweedy Mile Association to reimburse additional costs that may be incurred by the City in supporting this show, including Police Department Services. The Agreement does require a simple revenue and expense form to be filed at the conclusion of event.
REPORT SUMMARY: The annual Azalea Festival Car Show has been pait of the Azalea Festival for 40+ years. The Tweedy Mile Association ("TMA") had been operating the show since 2006 on a year- to-year basis at the request of the Parks & Recreation Department. In 2016, TMA requested a 3-year agreement to better promote the show from year to year. Council granted the request in November of 2016 (Contract No. 3262) and in November 2019, Paul Adams, Director of Parks & Recreation at the time, extended the agreement to include the Azalea Festival of 2020. In 2022, the City amended the Agreement to include the Azalea Car Show for 2022 via Contract No. 2022-05-CC. The proposed Amendment No. 1 will continue the partnership with TMA for the next 3 years.
ATT ACHMENTS: A. Amendment No. 1 to Contract No. 2022-05-CC B. Contract No. 2022-05-CC
C. Contract No. 3262
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ATT ACHMENT A
AMENDMENT NO. I TO CONTRACT N0. 2022-05-CC FOR CAR SHOW
OPERATIONS BETWEEN THE CITY OF SOUTH GATE AND
TWEEDY MILE ASSOCIATION
This License Agreement ("Agreement") is effective as of January 1, 2023 and is made and entered into by and between the City of South Gate, a municipal corporation (hereinafter referred to as the "CITY"), and Tweedy Mile Association (hereinafter referred to as the "LICENSEE").
City and Licensee are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, LICENSEE desires to hold and produce a Car Show event (CAR SHOW) within the City of South Gate; and
WHEREAS, CITY desires to continue to offer this historic event in South Gate as part ofthe aru"iual Azalea Festival; and WHEREAS, LICENSEE warrants to CITY that it has the qualifications, experience, and facilities to perform properly and timely in producing the CAR SHOW pertnitted under thisAgreement; and WHEREAS, CITY is willing to grant a license to LICENSEE for operation of a CAR SHOW at South Gate Park under the terms and conditions herein stated.
NOW THEREFORE, the Parties hereby agree as follows:
1. GRANT OF EXCLUSIVE LICENSE
CITY hereby grants to LICENSEE a temporary, revocable, and exclusive license to enter upon those areas of South Gate Park specified on the attached diagram as shown on Exhibit A - ("CAR SHOW AREA") and to use said area at the times and dates agreed upon by LICENSEE and CITY and attached hereto, according to the terms and conditions, herein provided. Unless otherwise stipulated or modified, the proposed events shall take place annually on the Sunday which falls during the Annual Azalea Festival and shall take place on the South Gate Golf Course, a specific schedule to be agreed upon in writing at least six months prior to each event.
1.1 Revocability
CITY may in its sole and unfettered discretion, revoke this license and/or tertninate the agreement without cause upon thirty (30) days advance written notice. In the event that any of the terms of this agreement or city ordinances are violated, or, in the event that, in CITY's sole discretion and judgment, there is an eminent threat to public health or safety, CITY may revoke this license at any time and require that all activities related to the license be ceased,
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1.2 Exclusive
LICENSEE is granted exclusive use of the designated areas for the days and times specified in the Agreement. CITY may not grant permission to other persons to use the same property, which is the subject matter of this Agreement at the same times as are herein specified without other or further notice to LICENSEE. CITY reserves the right for its staff and representatives to enter the CAR SHOW AREA at any time for maintenance, security or monitoring purposes.
The exclusive nature of this Agreement pertains solely to the use of the designated CAR SHOW AREA during the dates and times specified in this Agreement. This exclusivity shall not be construed to prevent CITY from any operations, licensing, or use of the CAR SHOW AREA outside of the designated periods or to limit the ability of CITY to offer other events or activities of a similar nature. CITY reserves the right to produce other events, whether or not they are similar in nature to LICENSEE's EVENTs or to enter into other license Agreements so long as they do not directly conflict with LICENSEE's use of CAR SHOW AREA.
1.3 Unless sooner revoked, rescinded, or terminated, this Agreement shall automatically expire as specified under Section 3: TERM OF AGREEMENT
2. PERMISSABLE USE
Licensee shall use, under terms and conditions consistent with those set forth in this Agreement, the CAR SHOW AREA for the sole purpose of conducting a classic car show and other associated activities as specifically approved by CITY, and for no other purpose. All activities, vendors, performers, designated spectator areas, signage, preparation areas, support staff, vehicles and equipment shall be in the CAR SHOW AREA.
All vendors, sales of merchandise and food service shall comply with all City, County and State laws and regulations including having a current business license with CITY and adhering to all health codes. Licensee and sellers shall not interfere with or impede access for emergency vehicles.
Any additional equipment or requirements needed to meet health codes or other regulations beyond those specifically outlined in this Agreement as being "CITY responsibility" shall be the responsibility of LICENSEE.
3. TERM OF AGREEMENT
This Agreement will become effective upon execution and will remain in effect until June 30, 2025, unless otherwise expressly extended or revoked. 132
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4. HOURS OF OPERATION
The license herein granted shall be valid only during days and hours as agreed to in advance by CITY and documented in Attachment B - Schedule. Normal hours of operation are between the hours of 6:00 a.m. and 10:00 p.m. Specific days and times shall be agreed upon by both parties at least 30 days prior to the event for each of the following activities; setup, performance and cleanup. a) Setup - Set up may begin on the day of the event no earlier than 6:00am. Prior to the scheduled start of set up, LICENSEE may have non-exclusive access as needed for measurement, inspection or other evaluation and planning purposes. There can be no deliveries of equipment or arrival of vehicles or staff prior to the setup period. At the beginning of the setup period, LICENSEE shall have exclusive use and full responsibility for the CAR SHOW AREA including all safety and security. CITY will not be responsible for equipment or other materials left in the CAR SHOW AREA.
Members of the public shall not be allowed within the CAR SHOW AREA during Setup.
b) Event - Event periods shall be those periods specified when the CAR SHOW AREA is open to the public. All sales, entertainment, carnival rides, games and associated activities shall be restricted to those hours designated for the Event period. No vehicles will be allowed to be moved in the CAR SHOW AREA while the public is present.
Event periods will end no later than lO:OOpm.
c) Clean up - LICENSEE will have one day after the final performance to remove all equipment, materials and supplies from the CAR SHOW AREA and return the CAR SHOW AREA to its original condition. Clean up activities must take place between the hours of 6:00 a.m. and 10:00 p.m. Members of the public shall not be allowed within the CAR SHOW AREA during Cleanup.
d) Materials, supplies, equipment, and vehicles may not be stored at CITY facilities outside of the CAR SHOW AREA before, during or after LICENSEE's license period without express written consent from CITY.
Days and times may be modified at any time by mutual written agreement of the parties.
5. LICENSE FEES. This event is acknowledged to be part of CITY's annual Azalea Festival. As such, all fees associated with this LICENSE are to be waived. This LICENSE FEE is exclusive of any fees or costs owed by the LICENSEE to any other agency or business and is exclusive of those direct costs to be reimbursed to CITY as specified in 7.Oc below.
In addition, and at the same time, LICENSEE shall provide CITY with a security deposit of $1,000 to be held until all claims of damage or additional costs have been resolved and reimbursed to CITY. At such time, CITY shall return LICENSEE's security deposit by check within 30 days. 133
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6. COMPENSATION TO LICENSEE. LICENSEE will receive no compensation from CITY for operation of the CAR SHOW or other services provided by LICENSEE in association with this Agreement unless agreed to in advance by the DIRECTOR in writing. a) LICENSEE may not charge parking fees associated with the CAR SHOW. b) LICENSEE may charge entry fees for both entrants and spectators entering the CAR SHOW AREA.
c) LICENSEE may charge vendors either a flat fee or a percentage of their gross sales, for their participation as a vendor in the CAR SHOW. LICENSEE is solely responsible for the collection and accounting of any fees it may charge. d) LICENSEE may sell advertising, solicit sponsors and include affiliate organizations and businesses in order to secure financial support for the CAR SHOW. CITY shall have final approval of all sponsors or advertisers who will be associated with or advertise at the event beyond LICENSEE. LICENSEE may not make any commitment or agreement which would exceed their rights as spelled out in this Agreement and may not make any commitment or agreement on behalf of CITY or in any way act or represent themselves as an agent of CITY.
7, CITY AGENT. The Director of Parks & Recreation, or his/her designee (DIRECTOR), for the purposes of this Agreement, is the agent for CITY; whenever approval or authorization isrequired, LICENSEE understands that the Director of Parks & Recreation, or his/her designee, hasthe authority to provide that approval or authorization.
8. SPECIAL TERMS AND CONDITIONS
a) Habitation - V'endors, crew, perfortners and other employees, contractors or agents of LICENSEE shall not be allowed to habitate or otherwise camp or stay in the CAR SHOW ARfEA or on the park grounds or parking lots after hours of operation other than one designated security personnel who is responsible for monitoring and maintaining security and safety in the CAR SHOW AREA during those hours of non-operation. b) Fees - LICENSEE shall pay all fees and costs required by government agencies related to the CAR SHOW including permit fees, health inspections, business license, fire and other governmental charges.
c) CityCosts-LICENSEEshallpayallcostsincurredbyCITYinrelationtotheCARSHOW (CITY COSTS) including those costs associated with CITY's obligations as outlined in this Agreement. Such costs may include additional park maintenance, public works support, police services, etc. No less than 30 days prior to the CAR SHOW, CITY shall provide LICENSEE with an itemized estimate of all costs which the CITY can reasonably foresee for services and costs that CITY expects to incur as a result of the CAR SHOW.
These costs will be based upon services requested by the LICENSEE and for those services which CITY feels, in its sole discretion, necessary for the safety and integrity of the 134
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facilities and the public. This estimate shall not limit CITY's ability to require reimbursement for additional costs incurred by unforeseen incidents or for additional requests made by LICENSEE after the preparation of the estimate. Initial:
d) Reimbursement to City - Within 7 days of the conclusion of the CAR SHOW, CITY shall provide LICENSEE with an accounting of those actual costs to be reimbursed as specified above. If LICENSEE wishes to dispute any costs included within the accounting, LICENSEE must do so in writing within 7 days of receipt of accounting report from CITY.
Once CITY and LICENSEE agree on the amount to be reimbursed to CITY, LICENSEE will provide payment in full within 7 days. Alternately, if the Reimbursement to CITY is less than the Security Deposit, as noted in 5.0, LICENSEE may request that the Reimbursement be deducted from the Security Deposit. e) Security-Unlessotherwiseagreedupon,CITYshallprovidesecurityfortheCARSHOW tmough the resources of the South Gate Police Department. CITY, at its sole discretion, shall determine the required level of security and at least 30 days prior to the CAR SHOW, shall provide LICENSEE with an operational plan for such along with an estimated cost for these services. All costs associated with security, police or public safety personnel provided as a direct result of the CAR SHOW shall be reimbursed by LICENSEE. f) Firearms - Firearms and explosives are expressly forbidden on the park. Any employee, vendor, contractor or security personnel who will have a firearm while on the park must receive special permission from the Chief of Police to do so. Any pyrotechnics or other performance oriented explosive devices must be approved ahead of time by CITY and by Los Angeles County Fire Department.
g) Talent - LICENSEE has sole detettnination and responsibility of the acts, performers, schedule, vendors, and activities which together represent the nature and character of the CAR SHOW. LICENSEE understands that this event and the facilities remain subject to all Park Ordinances, Rules and Regulations and that the nature of the event shall be promoted and presented as a "Family Event" and that all performances and activities shall comply to a level of decorum, language and behavior which will create an atmosphere appropriate for all ages.
h) Equipment - LICENSEE is provided with the CAR SHOW AREA in as-is condition.
LICENSEE is responsible to provide all equipment, supplies and materials required to operate the CAR SHOW. All equipment and staging as well as booths, rides and other attractions must comply with all local, state and federal regulations as well as all industry standards for safety and proper operation.
i) Modifications - LICENSEE may not make any modifications to existing facilities without express written consent from CITY. Any modifications so approved will be at the sole expense of LICENSEE and LICENSEE shall be responsible for all costs to restore CAR SHOW AREA to its original condition at the conclusion of the CAR SHOW unless this condition is expressly waived by CITY in writing.
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j) Advertising - LICENSEE and CITY shall cooperate in developing a promotional plan for the CAR SHOW. LICENSEE is solely responsible for all advertising costs associated with the CAR SHOW. CITY may, at its sole discretion, assist in advertising the CAR SHOW through its own means and at its own cost. In doing so, CITY shall comply with all logos, slogans and other advertising standards provided by LICENSEE. LICENSEE is hereby given express permission to use the City logo or the names City of South Gate, Parks & Recreation or South Gate Park as a co-sponsor of the event in any of its advertising or promotions. Unless otherwise agreed to, all advertising will refer to the CAR SHOW as the "Annual Azalea Car Show" and the City of South Gate Parks & Recreation Department will be designated as an event sponsor as mutually deemed appropriate. k) CITY may allow up to ten (10) booths to be set up in the CAR SHOW AREA by local organizations for the purpose of distributing information only. Such booths shall consist of no more than a lO'xlO' canopy, one eight foot table and two chairs along with such display items and informational pieces required. All displays as well as canopy, table and chairs will be provided either by the organization or by CITY. l) LICENSEE shall notify all local governmental agencies having jurisdictional responsibility over the CAR SHOW and cooperate with them in regards to their requirements for protection of the public.
m) Sanitation - LICENSEE shall provide sufficient number of portable toilets, including ADA compliant toilets, and trash receptacles to handle the needs of the attending public. Toilets shall be cleaned on a frequent basis. Trash cans shall be emptied with enough frequency to prevent overflow or the attracting of insects or other pests. Trash, litter and other debris not in trash cans will be picked up and removed from the CAR SHOW AREA throughout the event and with enough frequency to ensure a safe, healthy and inviting event location.
Trash may be placed in dumpsters provided by CITY at CITY's expense. n) Food spoils - Vendors who will be preparing food to be sold in the CAR SHOW AREA may not use CITY trash cans or dumpsters for food spoils or preparation waste. Such waste must be disposed of offsite.
o) CITY shall provide staff to patrol and clean parking lots designated for CAR SHOW parking. Cost for such services shall be included in CITY COSTS and reimbursed by
LICENSEE,
p) Alcohol - LICENSEE understands and agrees that alcohol may only be sold with permission of the Director of Parks & Recreation per the permit policy set forth by the City Council. All other non-pernnitted alcohol related products or drug paraphernalia may not be sold or advertised in the CAR SHOW AREA or in relation to the CAR SHOW. q) LICENSEE shall retain the right to revoke admission to the CAR SHOW grounds of any person suspected to be in possession of any alcoholic beverages, illegal drugs, weapons, animals, or acting in a maru'xer that may cause alarm to the general public. 136
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r) Damage - In the event that any propeity damage is sustained as a result of the CAR SHOW, LICENSEE agrees to repair the damage at LICENSEE's expense. s) Pollution Discharge - LICENSEE shall be responsible for ensuring that CAR SHOW and all associated activities are operated and maintained in compliance with the provisions of the National Pollution Discharge Elimination System (NPDES). t) Title to Abandoned Property other than Trash -All property, including personal property, fixtures, and utility installations within the CAR SHOW AREA, shall, unless removed by LICENSEE at the conclusion of the CAR SHOW, be deemed to be abandoned, and shall become property of CITY.
u) Utilities - Unless specifically agreed to in writing, LICENSEE shall be responsible for all water, gas, heat, light, power, telephone, and other utilities and services required for the CAR SHOW. If any such services are provided by CITY and cannot be separately metered, LICENSEE shall pay a reasonable proportion of all charges jointly metered with other premises, as determined by CITY.
v) Assignments and Subletting - LICENSEE shall not voluntarily or by operation of law assign, transfer, mortgage, pledge, or otherwise transfer or encumber all or any part of LICENSEE's interest in this Agreement or in the CAR SHOW AREA. w) LICENSEE shall prepare and submit a revenue and expense sheet relating to the CAR SHOW within 30-days of the conclusion of the event. This will include revenue received from the sales of tickets; booths; registrations, advertising, etc. along with expenditures associated with booth rentals, insurances, on-site security, advertising, city services, etc.
9. INDEMNIFICATION AND INSURANCE
9.1 LICENSEE shall indemnify CITY, its elected officials, officers and employees, and shall hold CITY harmless, and shall defend CITY upon request and tender of defense, against any and all liability and loss, including but not limited to reasonable attorney's fees, which CITY may incur because of injury to any person or damage to or destruction of any propeity caused by LICENSEE, its agents, employees, manager, owners, members, vendors, customers, or invitees. 9,2 Not less than thirty (30) days prior to the start of each event, LICENSEE shall submit to CITY certificates indicating the Permittee has obtained from insurers listed "A" or better in the Best's Insurance Guide and authorized to do business in the State of Califomia insurance policies for not less than the following coverage and limits of insurance:
i) General liability insurance coverage in an amount not less than $5,000,000 if carnival rides or attractions are included or $2,000,000 if they are not. ii) Workers' compensation coverage as required by law and with employer's liability limits of at least $1,000,000 per occurrence.
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