SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, December 13, 2022 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 862 9661 6506
HTTPS://US02WEB.ZOOM.US/J/86296616506
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Al Rios, Mayor
INVOCATION:
Bobby Scott, Community of Faith Bible Church
PLEDGE OF ALLEGIANCE:
Darren Arakawa, Chief of Police
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
Raul F. Salinas
1 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.
Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
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 - NONE
Public Hearings
- NONE
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 2 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
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and
20 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.
1. Ordinance amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City Council), Title 1 (Administration And Personnel), of the SG Municipal Code increasing the City Council's Compensation
The City Council will consider waiving the reading in full and adopting Ordinance No. 2022-11-CC amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City Council), of Title 1 (Administration and Personnel), of the South Gate Municipal Code increasing the City Council salary. (CM) Documents:
Item 1 Report 12132022.pdf
2. Resolution amending Conflict of Interest Code for designated City Personnel adopting Section 18730 of the CA Code of Regs
The City Council will consider adopting a
Resolution
amending the City's Conflict of
Interest Code for designated City personnel, adopting by reference Section 18730 of the California Code of Regulations. (CLERK)
Documents:
Item 2 Report 12132022.pdf
3. Resolution approving the City's Notice of Intent to amend CALPERS contract adding cost sharing program for SGPMA
3 The City Council will consider adopting a
Resolution
giving notice of the City's intention
to approve an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System (CalPERS) to provide employee cost sharing of 2% for classic local police management members in the South Gate Police Management Association (SGPMA) beginning Fiscal Year 2022-23. (ADMIN SVCS)
Documents:
Item 3 Report 12132022.pdf
4. Amendment No. 3 to Contract No. 2020-15-CC/w Willdan Engineering for Project Management Services for Capital Improvement
Program Projects
The City Council will consider: (PW)
a
.
Approving
Amendment No. 3
in the amount of Four Hundred Forty-Nine Thousand
Two Hundred Eighty Dollars ($449,280) for FY 2022/23, and Seven Hundred Thirty Thousand Eighty Dollars ($730,080 for FY 2023/24 to Contract No. 2020-15-CC with Willdan Engineering to extend Capital Improvement Program project management services through June 30, 2024, for an aggregate amount not-to- exceed $1,179,360 under Amendment No. 3;
b
.
Appropriating an additional $31,280 from the General Fund balance to Account No. 100-701-31-6101 for Capital Improvement Program project management services; and
c
.
Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
Documents:
Item 4 Report 12132022.pdf
5. Amendment No. 2 to Contract No. 2888 with City of Downey extending Traffic Signal Maintenance Services at the Intersection of
Paramount Boulevard and
Gardendale Street
The City Council will consider: (PW)
a
.
Approving
Amendment No. 2 to Contract No. 2888
with the City of Downey to
extend
the term of the current agreement five years for an amount of $1,120 annually for routine
maintenance and energy costs; and
b
.
Authorizing the City Manager to execute Amendment No. 2 in a form acceptable to the
City Attorney.
Documents:
Item 5 Report 12132022.pdf
6. Amendment No. 1 to Contract No. 2020-01-CC with Kiley & Associates, LLC., extending Federal Legislative Advocacy Services
The City Council will consider: (CM)
4 a
.
Approving
Amendment No. 2 to Contract No. 2020-01-CC
with Kiley &
Associates, LLC., to
continue providing federal legislative advocacy services to the City, retroactively effective
October 1, 2022, through September 30, 2025, in
monthly payments of $3,333; and
b
.
Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 6 Report 12132022.pdf
7. Amendment No. 1 to Contract No. 2536 to exclude billing and collection by GSW Co of rubbish or solid waste collection fees for
the City effective January 1, 2023
The City Council will consider: (ADMIN SVCS)
a
.
Approving Amendment No. 1 to Contract No. 2536 with Golden State Water Company to exclude the billing and collection of rubbish or solid waste collection fee on behalf of the City effective January 1, 2023;
b
.
Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 7 Report 12132022.pdf
8. Agreement with Sequel Contractors, Inc., for the Construction of the Citywide Residential Resurfacing Project, Phases I, II and III, City Project No. 662-ST, the
Citywide Sidewalk Improvement Project, Phase VIII, City Project No. 659-ST, and the Water Main
Replacement, City Project No. 689-WTR
The City Council will consider: (PW)
a
.
Adopting a finding determining the Residential Resurfacing Project as categorically exempt under Title 14 of the California Code of Regulations, Section 15301 and the projects are categorically exempt under Existing Facilities Section 15301 Class (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (including road grading for the purpose of public safety) and to be categorically excluded under Section 326 of amended Chapter 3 of Title 23, United States
Code (23 U.S.C. § 326) without significant impacts on the environment as defined by the
National Environmental Policy Act (NEPA);
b
.
Approving an
Agreement
with Sequel Contractors, Inc., to construct the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST, the Citywide Sidewalk Improvement, Phase VIII, City Project No. 659-ST, and the Water
Main Replacement, City Project No. 689-WTR, in an amount not-to-exceed $7,805,605,
inclusive of the $6,003,137 Base Bid and $1,802,468 in Additive Alternate Bid
improvements;
c
.
Authorizing the City Manager to approve up to a cumulative amount not-to-exceed $780,000, or 10 percent, in contract change orders to avoid delaying construction and
payment of invoices involving change order work;
5 d
.
Transferring $990,000 in Senate Bill 1 Funds from the Citywide Sidewalk Improvement,
Phase IX, City Project No. 698-ST, Account No. 311-790-39-9481 to Account No. 311-
790-39-9480 to fund sidewalk improvements on Missouri Avenue, Indiana Avenue,
South Gate Avenue, and Madison Avenue as a part of the Citywide Sidewalk
Improvements, Phase VIII, City Project No. 659-ST fund; e
.
T
ransferring $287,000 in Senate Bill 1 Funds from the Residential Resurfacing Project,
Phase IV, Account No. 311-790-31-9598, to Account No. 311-790-31-9583 to fund
pavement improvements on South Gate Avenue and Madison Avenue as a part of the
Residential Resurfacing Project, Phase II, City Project No. 662-ST; f
.
Appropriating $180,000 in Measure R Funds to Account No. 311-790-31-9582 to fund
pavement improvements on Indiana Avenue as a part of the Residential Resurfacing
Project, Phase I, City Project No. 662-ST;
g
.
Appropriating $170,000 in Measure R Funds to Account No. 311-790-31-9583 to fund
pavement improvements on Madison Avenue as a part of the Residential Resurfacing
Project, Phase II, City Project No. 662-ST;
h
.
Approving the Notice of Exemption for the construction of the Residential Resurfacing
Project and directing the City Clerk to file it with the Los Angeles County Registrar
Recorder's Office; and
i
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 8 Report 12132022.pdf
9. Agreement with Mark Thomas & Company, Inc., for Construction Management Services for the Citywide Residential Resurfacing Project, Phases I, II and III, City Project No. 662-ST, the Citywide Sidewalk Improvement Project, Phase VIII, City Project No. 659-ST, and the Water Main Replacement, City Project No. 689-WTR
The City Council will consider: (PW)
a
.
Approving an
Agreement
with Mark Thomas & Company, Inc., to provide
construction
management and inspection services for the Citywide Residential Resurfacing, Phase I, II
and III, City Project No. 662-ST, the Citywide Sidewalk Improvement, Phase VIII, City
Project No. 659-ST, and the Water Main
Replacement, City Project No. 689-WTR (the
Residential Resurfacing Project), in
an amount not-to-exceed $817,239; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 9 Report 12132022.pdf
10. Agreement with Engineering, Design, Analysis, Inc., for the SGPD HVAC Renovation Project, City Project No. 667-GEN
The City Council will consider: (PW)
6 a
.
Approving
Agreement
with Engineering, Design, Analysis, Inc., on a sole-source basis for
engineering design services for the SGPD HVAC Renovation Project, City Project No.
667-GEN, in an amount not-to-exceed $180,000;
b
.
Authorizing the City Manager to administratively approve amendments up to $30,000; and
c
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 10 Report 12132022.pdf
11. Agreement with Avant-Garde, Inc., to provide Administrative Services for CDBG and HOME Programs
The City Council will consider: (CD)
a
.
Approving an
Agreement
with Avant-Garde, Inc., for as needed administrative
services
for the CDBG and HOME Programs ("Agreement") in an amount not to exceed $229,540
for year 1, $223,740 for year 2, and $271,990 for year 3 which, includes the preparation
of the 2025-2030 Five Year Consolidated Plan, Analysis of Impediments and first year
Action Plan; and an option to extend this agreement for up to two one-year terms; and
b
.
Authorizing the Mayor to execute the Agreement, in a form acceptable to the City Attorney.
Documents:
Item 11 Report 12132022.pdf
12. Agreement with Avant-Garde, Inc., to assist with the administration of social services programs funded with ARPA Funds
The City Council will consider: (CD)
a
.
Approving an
Agreement
with Avant Garde, Inc., to assist with the administration of Social Services Programs funded through American Rescue Plan Act ("ARPA") funds; and
b
.
Authorizing the Mayor to execute Agreement consistent with deal points described within this
report and in a form acceptable to the City Attorney.
Documents:
Item 12 Report 12132022.pdf
13. Microsoft Enterprise License Agreement with Shi for Office 365 Licenses
The City Council will consider: (ADMIN SVCS)
a
.
Approving a Microsoft
Enterprise License Agreement
with SHI International Corp
for Microsoft
Office 365, a cloud-based electronic mail system, for a three-year term, 7 in the amount of $54,903,
or $18,301.50 annually; and
b
.
Authorizing tlie issuance of a Purcliase Order to SHI International Corp for the purchase of this
3-year Microsoft Enterprise License Agreement.
Documents:
Item 13 Report 12132022.pdf
14. Purchase Agreement for a 2024 F-750 Mobile Crane Truck and a 2023 Ford F- 550 Dump Truck for the Public Works Department
The City Council will consider: (PW)
a
.
Authorizing the purchase of a 2024 F-750 Mobile Crane Truck from National Auto Fleet
Group (Sourcewell) for the Electrical Division in an amount not-to-exceed $302,355 and
appropriating $49,855 in Capital Asset & Equipment Replacement Funds (Account No.
523-710-12-9003) to fully fund the purchase;
b
.
Authorizing the purchase of a 2023 Ford F-550 Dump Truck from PB Loader (Sourcewell)
for the Streets Division in an amount not-to-exceed $117,882 and appropriating $52,882
in Capital Asset & Equipment Replacement Funds (Account No. 523-710-12-9003) to fully
fund the purchase; and
c
.
Authorizing the Mayor to execute the documents necessary to purchase the vehicles in a
form acceptable to the City Attorney.
Documents:
Item 14 Report 12132022.pdf
15. Purchase of 5 vehicles replacement vehicles in PW
The City Council will consider: (PW)
a
.
Authorizing the purchase of a 2023 Ford F250 Pickup Truck from Fritts Ford in an amount not-to-exceed $54,041 for the Facilities Division and appropriating $4,541 in Capital Asset & Equipment Replacement Funds to Account No. 523-710-12-9003 to fully fund the purchase;
b
.
Authorizing the purchase of a 2023 Ford F250 Pickup Truck from Fritts Ford in an amount not-to-exceed $54,820 for the Electrical Division and appropriating $5,320 in Capital Asset & Equipment Replacement Funds to Account 523-712-29-9003 to fully fund the purchase;
c
.
Authorizing the purchase of a 2023 Ford F550 Pick-up Truck from Norm Reeves Ford in an amount not-to-exceed $152,668 for the Electrical Division and appropriating $168 in Capital Asset & Equipment Replacement Funds to Account 523-710-12-9003 to fully fund
the purchase;
d
.
Authorizing the purchase of a 2022 Ford F-450 Pickup Truck from Performance Ford of West Covina in an amount not-to-exceed $75,411 for the General Maintenance Division which is fully funded and budgeted in Account No. 523-710- 12-9003;
e
.
Authorizing the purchase of a 2022 Ford F-250 Pickup Truck from Performance Ford in the amount of $73,066 and appropriating $3,066 in Water Funds to Account 8 411-731-71-9003 to fully fund the purchase;
f
.
Authorizing the Mayor to execute the documents necessary to purchase the vehicles in a
form acceptable to the City Attorney.
Documents:
Item 15 Report 12132022.pdf
16. 5-Year Lease Agreement with NCL for a 2024 Ford F-750, Model B-4 Asphalt Patch Truck
The City Council will consider: (PW)
a
.
Authorizing a
5-year
Lease Agreement
with Lease Servicing Center, Inc. dba NCL
Government Capital ("NCL") for a 2024 Ford F750, Model B-4 Asphalt Patch truck in the
amount of $67,806 per year, for a total of $339,531 inclusive of $500 in closing fees;
b
.
Authorizing lease payments in the amount of $67,806 to be budgeted annually for five (5)
years in the Capital Asset & Equipment Replacement Funds starting in Fiscal Year
2023/2024 and including a $500 closing fee in Fiscal Year 2023/24; and c
.
Authorizing the Mayor to execute the Lease Agreement and any other documents that may
be necessary to acquire the Ford F750, Model B-4 Asphalt Patch truck in a form acceptable
to the City Attorney.
Documents:
Item 16 Report 12132022.pdf
17. Purchase Order for Service Request No. 3233850 from SCE to repair high voltage underground electrical vault in South Gate Park
The City Council will consider: (PW)
a
.
Approving a Purchase Order to fund Service Request No. 3233850 from Southern California Edison to construct improvements for the repair of a high voltage underground vault to comply with California Public Utilities Commission's rules and regulations, in an
amount not to exceed $22,997; and
b
.
Appropriating $30,000 to Account No. 524-414-61-9100 and authorizing a transfer from
the General Fund to the Building & Infrastructure Maintenance Fund for said amount.
Documents:
Item 17 Report 12132022.pdf
18. Purchase Order to renew Software Maintenance and Support Services for FY 2022/23 with Pulsiam for the Police Department
The City Council will consider authorizing the issuance of a Purchase Order with Pulsiam to renew the Software Maintenance and Support Services for Fiscal Year 2022/2023 for the Police Department in the amount of $115,844.90. This is an increase of $4,324.25 9 from Fiscal Year 2021/2022. (PD)
Documents:
Item 18 Report 12132022.pdf
19. Cancel the regularly scheduled City Council Meeting of December 27, 2022, and authorize the City Council Auditor to review and
approve the second warrant
register for December 2022
The City Council will consider: (CM)
a
.
Approving the cancellation of the regularly scheduled City Council Meeting of Tuesday, December 27, 2022; and
b
.
Authorizing the City Council Auditor to review and approve the second warrant register for December 2022.
Documents:
Item 19 Report 12132022.pdf
20. Investment Report for the Quarter Ending September 30, 2022
The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended September 30, 2022. (ADMIN SVCS)
Documents:
Item 20 Report 12132022.pdf
Reports, Recommendations And Requests
21. Agreement with City Net to conduct a Homeless Census and prepare a Report with Recommendations
The City Council will consider: (CM)
a
.
Approving an
Agreement
with City Net to conduct a homeless census and prepare
a report with
recommendations in an amount not to exceed $29,668.53; and b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 21 Report 12132022.pdf
22. Declaring eighty (80) Police Department radios as surplus property and approving Equipment Purchase Agreement authorizing their sale to Positive Equity Group
The City Council will consider: (PD)
10 a
.
Declaring the eighty (80) Police Department radios as surplus property; and b
.
Authorizing the sale of those radios in the form of an Equipment Purchase Agreement to
PEG in the amount of $13,500; and
c
.
Authorizing the Chief of Police to execute the Equipment Purchase Agreement in a form
acceptable to the City Attorney.
Documents:
Item 22 Report 12132022.pdf
23. Declaring thirty-six (36) Police Department firearms as surplus property and authorizing the exchange of firearms for credit with
ProForce Law Enforcement
through the Destroy-Buy-Back Program to purchase new firearms
The City Council will consider: (PD)
a
.
Declaring the thirty-six (36) Police Department firearms as surplus property; and b
.
Authorizing the Police Department to exchange the firearms for credit from ProForce Law
Enforcement through the Destroy-Buy-Back Program to purchase new firearms.
Documents:
Item 23 Report 12132022.pdf
24. Warrant Register for December 13, 2022
The City Council will consider approving the Warrant Register for December 13, 2022. (ADMIN SVCS)
Total of Checks: $3,495,510.58 Less: Voids $ (0.00) Less: Employee Payroll Deductions $ (326,231.62) Grand Total: $3,169,278.96
Cancellations: 99121, 99206, 99103
Documents:
Item 24 Report 12132022.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on December 7, 2022, at 2:10 p.m., as required by law.
Yodit Glaze
City Clerk
11 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
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 12 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]
.
13 Item No. 1
C'dy of South Gate
CITY COUNCIL
AG-ENIDA II[LL
For the Regular Meeting of: December 13, 2022
Originating Department: City Manager's Office
City Manager:
ers
City Mariager:
Ck."'&(fers
SUBJECT: THE CITY COUNCIL WILL CONSIDER WAIVING THE REAI)ING AND ADOPTING ORDINANCE N0. 2022-11-CC AMENDING SECTION 1.04.065 (SALARY OF MEMBERS - COMPENSATION), OF CHAPTER 1.04 (CITY COUNCIL), TITLE l (ADMINISTRATION AND PERSONNEL), OF THE SOUTH GATE MUNCIPAL CODE
INCREASING THE CITY COUNCIL SALARY
PURPOSE: To consider adopting Ordinance No. 2022-11-CC amending the municipal code for the salary compensation of the City Council, in accordance with Califomia Government Code, and restating all benefits for South Gate Elected Officials to a single document.
RECOMMENDED ACTION: The City Council will consider waiving the reading in full and adopting Ordinance No. 2022-11-CC amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City Council), of Title 1 (Administration and Personnel), of the South Gate Municipal Code increasing the City Council salary.
FISCAL IMPACT: The total annual cost for the changes to the City Council compensation will be $1,680 annually per Council Member and $8,400 total for all five members, annually. In addition, the City Treasurer's salary is tied to that of City Council per Section 1.05.065 (City Treasurer - Compensation) which voters approved in November 2000. The total increase costs for all six elected positions will be $10,080, annually.
ANALYSIS: At the continued meeting from August 22, 2022, which occurred on August 29, 2022, the City Council heard the staff report, took public comment, and voted 4-0-1 to waive the reading in full and introduce the attached Ordinance amending Section 1.04.065 (Salary of Members - Compensation), of Chapter 1.04 (City Council) of the South Gate Municipal Code.
California Goverent Code Section 36516 (a) (4), establishes the amount elected city Council members can received in salary. Based on municipal population, the state law established a base level and pernnitted annual increases of up to 5%. However, salary changes caru'iot go into effect until a'tter a municipal election at which City Council members are elected, per Government Code Section 36516.5. The City Council compensation was last adjusted in 2017, which became effective after the March 14, 2017, regular municipal election. The compensation amount was raised from $600 per month to $650 per month, regardless of the number of City Council meetings held a month. l
14 Based on the Government Code Section limiting annual adjustments, the attached Ordinance would adjust the current $650 per month salary to $790 per month. This Ordinance will only affect the salary of the City Council Members and the City Treasurer.
At a Special Municipal Election on November 7, 2000, the voters of the City of South Gate approved the addition of Section 1.05.065 to the Municipal Code which limited and tied the salary for the position of City Treasurer to that which the City Council members receive on a monthly basis. Thus, the City Treasurer currently receives $650 per month and, if this Ordinance is adopted, the compensation for this position would also be increased to $790 per month.
The Ordinance also restates the benefits for all Elected Officials in South Gate under Attachment A to consolidate the total compensation for these positions in one location. The schedule of benefits that were previously stipulated in Resolutions No. 7808 (City Clerk) and No. 7751 (City Council/City Treasurer) are included in Attachment A to allow for a more transparent approach by listing the total compensation of Elected Officials for South Gate.
BACKGROUND: In 2010, Governrnent Code Section 36516.5 became effective and established statewide salary levels for City Council members in cities. Those levels were broken into five population categories and South Gate fell under the cities with populations between 75,000 and 150,000. The limit, at that time, was $600 per month. As stated, the law provided for up to 5% annual adjustments and any adjustment could only occur a:tter a municipal election where City Council seats were on the ballot.
The $600 per month salary remained in effect until March 2017, when it was raised to $650 per month under Ordinance No. 2335. If approved, this Ordinance would adjust the monthly salary for City Council Members according to the stipulated limits in Government Code Section 36516.5 (a) (4).
ATT ACHMENT: Ordinance No. 2022-11-CC
2 15
ORDINANCE N0. 2022-11-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING SECTION 1.04.065.2 (SALARY OF MEMBERS - COMPENSATION) OF CHAPTER 1.04 (CITY COUNCIL) OF TITLE l (ADMINISTRATION AND PERSONNEL) OF THE SOUTH
GATE MUNICIPAL CODE INCREASING THE CITY COUNCIL
MONTHLY SALARY
WHEREAS, the City may, from time to time, amend the salary and benefits of the various bargaining units and/or elected officials; and
WHEREAS, the salaries of the City Council Members have not been increased since 201 7; and
WHEREAS, the City Council currently receives a salary of $650 per month regardless of the number of meetings called for any given month; and WHEREAS, per California Government Code Section 36516 (a) (4), the City may adjust the salary by up to 5% per year, although, per California Government Code Section 36516.5, an increase cannot take effect until after a municipal election; and WHEREAS, the proposed increase is within the range of increases permitted by state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and current and incorporated herein by reference, and does hereby determine that the public health, safety, and general welfare of the City and residents can benefit by amending Chapter 1.04 of the South Gate Municipal Code.
SECTION 2. Section 1.04.065.2 (Salary of Members- Compensation) of Chapter 1.04 (City Council) of Title 1 (Administration and Persoru"iel) of the City of South Gate Municipal Code is hereby amended to read as follows:
Section 1.04.065.2 Salary of Members - Compensation Each member of the Council of the City of South Gate shall receive, as compensation, the sum of Seven Hundred Ninety Dollars ($790) per month, as prescribed in Section 36516 of the California Government Code for cities with a population of over seventy-five thousand (75,000) and up to and including one hundred fifty thousand (100,000) in population, which shall be payable from and after January 1, 2023, at the same time and in the same manner as the salaries and compensation are paid to other officers and employee of the City of South Gate, California.
Page l of 2
5234i94.1-L235.0 16
SECTION 3. The City Council also readopts the benefits schedule for all elected officials of the City of South Gate in Attachment "A."
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, or phrase thereof, not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be declared invalid or unconstitutional.
SECTION 5. To the extent the provisions of the South Gate Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be consttaued as continuations of the earlier provisions and not as new enactments.
SECTION 6. The City Manager and his designees are hereby authorized and directed to take all other actions which they deem reasonably necessary to carry out the intent of this Ordinance.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.
PASSED, APPROVED and ADOPTED this 13th day of December 2022.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
y= ES0
Raul F. Salinas, City Attorney
5234194.1-L235.0 17
ATT ACHMENT A
SCHEDULE OF BENEFITS FOR SOUTH GATE ELECTED OFFICIALS (INCLUDING CITY COTJNCIL MEMBER; CITY TREASURER; AND CITY CLERK) Salary: The salary for City Council Members is established by Ordinance in the South Gate Municipal Code Section 1.04.065.2 (Salaiy of Members) pursuant to California Government Code Section 36516.
The salary for the City Treasurer was established by the voters on November 7, 2000, at a Special Election. The salary is indexed to the renumeration received by a City Council Member of the City of South Gate and adjusted in accordance with California Government Code Section 36516 and Section 1.04.065.2 of the South Gate Municipal Code.
The salary for the City Clerk is not governed by either the California Government Code or the South Gate Municipal Code. It is established by Resolution #7808 (April 24, 2018).
Medical Insurance: For all elected officials (including City Council Member, City Treasurer, and City Clerk), the City shall pay the premium for health insurance coverage for the official and legal dependents up to the maximum of the Employee+2 (family) Kaiser insurance premium. If the elected official selects a more expensive plan, the official shall be responsible for the difference in premiums. If the elected official demonstrates proof of insurance by other means and elects not to participate in the City's medical plan, the City will contribute the sum of $360.60 per month to the official's deferred compensation account.
Dental: The City shall pay the premium for dental insurance coverage for the elected official and legal dependents up to the maximum of the family HMO plan premium (Resolution No. 6454, September 22, 1998). If the elected official selects a more expensive plan, he/she will be responsible for the difference in premiums. If the elected official demonstrates proof of insurance by other means and elects not to participate in the City's dental plan, the City shall contribute the sum of $17.95 per month to the official's deferred compensation account.
Vision: The City shall pay the premium for vision insurance coverage for the elected official and legal dependents up to the maximum of the family HMO plan premium. If the elected official selects a more expensive plan, he/she shall be responsible for the difference in premiums.
Life Insurance: The City shall provide a $20,000 Term Life Insurance policy and a $20,000 Accidental Death and Dismemberment policy for the elected official at no cost to the official.
Consistent with current industry standards, coverage will reduce with age (Resolution No. 6454, September 22, 1998). Additional voluntary life insurance coverage is available at the elected official own expense.
18 Retirement Plan: The City shall provide the elected official with a defined benefit retirement plan through the California Public Employee's Retirement System (CalPERS). Classic Members (those hired/elected prior to January 1, 2013) shall be covered under the 2.7% at 55 retirement formula, with the City paying the 8% employee share on behalf of the elected official. PEPRA Members (those hired/elected on or after January 1, 2013) shall be covered under the 2% at 62 retirement formula, with the City paying the elected official's member portion (the rate varies from year to year).
Deferred Compensation: The City sponsors a voluntary deferred compensation plan through which the elected official may voluntarily defer up to 100% of their base salary. Elected Officials, except the City Clerk, are eligible for a "dollar for dollar" match of the elected official's member voluntary contribution into the City's deferred compensation plan, up to a maximum of 100% of the elected official's salary; subject to the tertns of said plan and Internal Revenue Service (IRS) regulations at the time.
For the City Clerk, a "dollar for dollar" benefit shall be provided which matches the City Clerk's voluntary contribution into the City's 457 deferred compensation plan, subject to the terms of said plan and Internal Revenue Service regulations. For purposes of this benefit, the City shall match the City Clerk's contribution in the City's 457 deferred compensation plan, provided such matching sum does not exceed 50% of the maximum regular contribution limit, excluding Special 457 catch-up contributions. Said regular contribution limit shall be adjusted from time to time by the IRS.
Auto Allowance: It is recognized that elected officials attend various community meetings outside the Civic Center/City Hall, participate in regional and state organizations, and travel to conferences/seminars. Therefore, the City shall provide for the use of the elected official's personal automobile to conduct such City business at the rate of $500 per month, which shall be taxable as compensation. Elected officials shall not be eligible for reimbursement of milage for use of their personal aritomobiles.
Communication Allowance: The City shall reimburse the elected official for the use of his/her personal communication device to conduct City business at the rate of $100 per month, which shall be taxable as compensation.
Fitness Benefit: Elected Officials shall receive a free membership at the South Gate Sports Center which will include privileges for a spouse and legal dependents for immediate family members.
Duration: These salary and benefits shall remain in full force and effect until such time as they are amended by the City Council by subsequent resolution/ordinance and/or any state law requirements
19 Item No. 2
CnYMANAGER'SOFFlCE
NOV 30 2022
la,ODpnr-
City of South Gate
CITY COUNCIL
,f';.. ((J ;T71'.,-- --'-i,-r-=) ')(4, S'/"", i,7. t)).. I'-'-a J ..--- ., For the Regular Meeting o'f: December 13, 2022
Originating Department: Office of the City Clerk
odit Glaze
City Manager:
Chris ers
SUBJECT: RESO UTION AMENDING CITY'S CONFLICT OF INTEREST CODE PURPOSE: Governrnent Code Section 87305.5 requires that each local agency adopt a Conflict of Interest Code. Each local agency must also, on each even numbered year, amend said code to reflect any changed circumstances.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending the City's Conflict of Interest Code for designated City personnel, adopting by reference Section 18730 of the California Code of Regulations.
FISCAL IMPACT: None
ANALYSIS: None
BACKGROUND: To ensure conflict of interest codes remain current and accurate, each local agency is reqriired to review its code at least every even-numbered year. There have been position changes since the last revision, which are now reflected in the proposed code.
A 30-day comment period was afforded to individuals (code filer) affected by such changes to submit written comments to the City Clerk's Office of any recommended changes. The deadline to submit comments was October 20, 2022. Amendments to Appendix A were included to reflect an updated list.
ATTACHMENTS: A. Proposed Resolution
B. Appendix "A" and Appendix "C"
C. Public Notice
I
20 ATTACHMENT A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,
CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL, ADOPTING BY REFERENCE SECTION 18730 0F
THE CALIFORNIA CODE OF REGULATIONS
WHEREAS, the Political Reform Act (Codified in Government Code Section 81000, et seq.) requires state and local governrnent agencies to adopt and protulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a standard conflict of interest code, as set forth in Section 18730 of the California Code of Regulations "Section 18730", which can be incorporated by reference in a municipal code; and WHEREAS, the City desires to incorporate Section 18730 and any amendments to it as may be adopted by the Fair Political Practices Commission from time to time; and WHEREAS, the City further desires that Section 18730, including the attached Appendix establishing disclosure categories for certain officials and employees, shall constitute the conflict of interest code of the City of South Gate; and WHEREAS, pursuant to Resolution No. 2020-38-CC, the City adopted an amended Conflict of Interest Code containing designated positions and disclosure categories and repealing Resolution No. 7827; and
WHEREAS, Government Code Section 87306.5 requires every local agency to review its conflict of interest code every even-numbered year to ensure it is up to date, meets the current legal requirements, and revised if necessary; and WHEREAS, the City Attorney, City Clerk and City staff have reviewed the current conflict of interest code last amended in 2020 and have determined that it should be updated to reflect changes in City departments and job duties and responsibilities of various City personnel required to file disclosure reports under California law; and WHEREAS, in accordance with the regulation of the Fair Political Practices Commission, notice of a 30-day coinment period was posted on September 20, 2022 and ended on October 20, 2022, with no comments having been received on the City's amendments to the conflict of interest code.
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.
Page I of 2
21 SECTION2. TheCityCouncilherebyadoptsbyreferenceSectionl8730oftheCalifornia Code of Regulations as the City's conflict of interest code, including any amendments to it as may be adopted by the Fair Political Practices Commission from time to time. The City further desires that Section 18730, including the attached Appendix "C" establishing disclosure categories for certain officials and employees, shall constitute the conflict of interest code of the City of South Gate. Accordingly, Resolution No. 2020-38-CC, passed and adopted on October 27, 2020, is hereby amended by this resolution.
SECTION 3. The conflict of interest code adopted by this Resolution shall be applicable to the City Council, all specified positions in Government Code Section 87200 and designated positions set forth in the newly revised and adopted Appendix "A." SECTION 4. 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 December 2022.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
22 ATTACHMENT B
APPENDIX "A"
DESIGNATED POSITIONS
SPECIFIED OFFICER AND EMPLOYEES
(Government Code Section 87200 et seq.)
Mayor and City Council members
City Manager
City Clerk
City Attorney
City Treasurer
Planning Commission Members
ADDITIONAL OFFICIALS WHO MANAGE OR GIVE ADVICE
REGARDING PUBLIC INVESTMENTS
(Government Code Section 87200 et seq.)
Assistant City Manager/Director of Public Works
Chief of Police
Director of Administrative Services
Director of Community Development
Director of Human Resources
Director of Parks & Recreation
Police Captains
The officers, employees and officials listed above must provide full disclosure of their investments, business positions, interest in real property, and sources of income by completing and delivering to the City the Fair Political Practices Commission's California Form 700 and Exhibits A-1, A-2, B, C, D, E and F of that Form.
The officers and employees designated below must provide more limited disclosure, based on the Assigned Disclosure Categories specified next to their respective positions in the table below, as those Assigned Disclosure Categories are described in Appendix "C" hereto.
DESIGNATED OFFICERS, EMPLOYEES AND DISCLOSURE CATEGORIES (Government Code Section 87300 et seq.)
Designated Positions
Administration Department
ManagementAnalyst 2)3)456)8
Executive Assistant to City Manager 2,3,4,6,8
Exccutivc .'kasi,tant to City Council 2,3,"1,6,8
Executive Assistant to City Attorney 2,3,4,6,8
ManagementA,.i.tant 2,3,n,6,8
Administrative Services Department
Deputy Director of Administrative Services/Human Resources & Risk Manager 2,3,4,5,6,8 Deputy Director of Administrative Services/Finance 2,3,4,5,6,8,9,10 AdministrativeAnalyst 2i3."l5i6i8
Risk Manager 2, 3, 4, 6, 8, 9, 10
Management-Analyst 2!3)455)6)8
Revenue Manager 2, 3, 4, 6, 8, 9, 10
4 23
SeniorAccountant 2,3,4,5,6,8,9,10
InformationSystemsAdministrator 2,3,4,5,6,8
PurchasingSupervisor 2,3,4,5,6,8
Sr.Financ;alAnalyst 2,3,4,5,6,8,9,10
Budget/Payroll Analyst 2, 3, 4, 5, 6, 8,9,10
Information Systems Analyst 2, 3, 4, 5, 6, 8
Community Development Department
AdministrativeServicesCoordinator 1,2,3,6,7,8
BuildingOfficial ly2i3i67i8
BuildingInspector 1,2,3,6,7,8
CodeEnforcementSupervisor 1,2,3,6,7,8
CodeEnforcementOfficer 1,2,3,6,7,8
Sr.CornmunityDevelopmentTechnician 1,2,3,6,7,8
CommunityDevelopmentTechnicianII 1,2,3,6,7,8
CornmunityDevelopmentTechnicianIII 1,2,3,6,7,8
HousingAdrninistrator 1,2,3,6,7,8.
Housing & Grants Analyst 1,2,3,6,7,8 '
HousingSpecialist 1,2,3,6,7,8
SentorPlanner ly2i3i67i8
AssistantPlanner li2i3i67i8
ManagementAnalyst 1,2,3,6,7,8
Parks & Recreation
ParksSuperintendent 2,6,8
RecreationSupervisor 2,6,8,
GroundsSupervisor 2,6,8
Park Facility Maintenance Supervisor 2,6,8 I
Police Department
SeniorAdministrativeAnalyst 2,3,4,5,6,8
PoliceLieutenant 2,3,4,5,6,8
Executive Assistant to Chief of Police 2,3,4,6,8
TechrffcalServicesManager 25354)5)6)8
TrainingSpecialist - 2,3,4,5,6,8
Public Works Department
i Electrical and General Maintenance Superintendent 1,2,4,5,6,7,8 EquipmentMaintenanceSuperintendent 1,2,4,5,6,7,8
StreetandSewerSuperintendent 1,2,4,5,6,7,8
FieldOperationsManager 1,2,4,5,6,7,8
WaterDivisionManager 1,2,4,5,6,7,8
Deputy City Engineer 1, 2, 4, 5, 6, 7, 8, 9, 10
ManagementAnalyst li2Ai5i67i8
SeniorCivilEngineer 1,2,4,5,6,7,8
AssociateEngineer 1,2,4,5,6,7,8
AssistantEngineer 1,2,4,5,6,7,8
'SeniorEngineer 1,2,4,5,6,7,8
5 24
CityTrafficEngineer 1,2,4,5,6,7,8
EngineeringConsultant"Asneeded" 1,2,3,4,5,6,8
Committee, Commission and Board Members
Successor Agency to the Community Development Commission of the City of South Gate 3,4,5,9,10
Public Finance Authority Board Member 3,4,5,9,10
UtilityAuthorityBoardMember 3,4,5,9,10
Public Access Corporation Board Member 3,4,5,9,10
Parks and Recreation Commission Member 2,6,8
CivilServiceCornrnissionMember 2,6,8
Citizen'sAdvisoryComrnitteeMember 3,4,5,9,10
Commission for Sorith Gate Youth 3,4,5,9,10
Consultants 1)253)4)5)65758
APPENDIX "C"
DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1. Persons in this category shall disclose all of their interests in real property located in the City. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 2. Persons in this category shall disclose all income received by them in the fornn of loans, gifts and travel payments from sources located in the City. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 3. Persons in this category shall disclose all of their investments in any business entity or trust that (at the time of the disclosure) is located in, doing business in, planning to do business in, or within the past two years had done business in the City. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 4. Persons in this category shall disclose all business positions that they hold in any business entity that (at the time of the disclosure) is located in, doing business in, planning to do business in, or within the past two years has done business in the City. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 5. Persons in this category shall disclose all of their investments in any business entity or trust that (at the time of the disclosure) provides plans to provide, or within the past two years has provided services, supplies, materials or equipment of the type utilized by the City. Persons in this category shall also disclose any business positions that they hold in any such business entity of trust. Said disclosures shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 6. Persons in this category shall disclose all income received by them in the form of loans, gifts or travel payments from any person or business entity that (at the 6 25
time of the disclosure) provides, plans to provide, or within the past two years has provided services, supplies, materials or equipment of the type utilized by the City. Said disclosure shall be reported on the Fair Political Practices Cornrnission's California Form 700.
DISCLOSURE CATEGORY 7. Persons in this category shall disclose all of their investments and business positions in any business entity that owns or leases real property in the City. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
DISCLOSURE CATEGORY 8. Persons in this category shall disclose all income received by them in the form of loans, gifts or travel payments from any business entity that owns or leases real property in the City. Said disclosure shall be reported on the Fair Political Practices Commission's Califoniia Form 700.
DISCLOSURE CATEGORY 9. Persons in this category shall disclose all of their investments and business positions in any financial institution in which the City (at the time of the disclosure) deposits funds, plans to deposit funds, or within the past two years has deposited fiinds. Said disclosure shall be reported on the Fair Political Practices Cornrnission's California Form 700.
DISCLOSURE CATEGORY 10. Persons in this category shall disclose all income received by them in the form of gifts or travel payments from any financial institution in which the City (at the time of the disclosure) deposits funds, plans to deposit fiinds, or within the past two years has deposited funds. Said disclosure shall be reported on the Fair Political Practices Commission's California Form 700.
7 26
ATTACHMENT C
NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE OF
THE CITY OF SOUTH GATE
NOTICE IS HEREBY GIVEN that the City of South Gate, pursuant to the authority vested in it by Section 87306 of the Governrnent Code proposes to amend to its Conflict of Interest Code. The purpose of these amendments is to further implement the requirements of Sections 87300 through 87302, and Section 87306 of the Government Code.
The City proposes to amend its Conflict of Interest Code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of Section 87302 of the Government Code.
This amendment includes adopting Section 18730 of the California Code of Regulations and makes other technical changes to reflect the current organizational structure of the department. Copies of the amended code are available and may be requested from the Contact Person set forth below.
Any interested person may submit written statements, arguments, or comments relating to the proposed amendments by submitting them in writing no later than October 20, 2022, or the conclusion of the public hearing, if such hearing is timely requested, whichever comes later, to the Contact Person set forth below.
At this time, no public hearing has been scheduled concerning the proposed amendments. If any interested person or the person's representative requests a public hearing, he or she must do so no later than October 20, 2022, by contacting the Contact Person set forth below.
The City has prepared a written explanation of the reasons for the proposed amendments and has available the information on which the amendments are based. Copies of the proposed amendments, the written explanation of the reasons, and the information on which the amendments are based may be obtained by contacting the Contact Person set forth below.
The City of South Gate has determined that the proposed amendments:
1. Impose no mandate on local agencies or school districts.
2. Impose no costs or savings on any state agency.
3. Impose no costs on any local agency or school district that are required to be reimbursed under Part 7 (cornmencing with Section 1 7500) of Division 4 of Title 2 of
4. 5.
6. the Government Code.
Will not result in any nondiscretionary costs or savings to local agencies.
Will not result in any costs or savings in federal funding to the state.
Will not have any potential cost impact on private persons, businesses, or small businesses.
In making these proposed amendments, the City of South Gate must determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the amendments are proposed or would be as effective and less burdensome to affected persons that the proposed amendments.
8 27
All inquiries concerning this proposed amendment and any communication required by this notice should be directed to:
Yodit Glaze, City Clerk
8650 California Ave
South Gate, CA 90280
(323) 563-9510
[email protected]
28 CITYMANASER'SOFflCE Item No. 3
NOV 30 2022
d)oo A-Vk'
City of South Gate
CITY COUNCIL
AGENDA aI[LL
For the Regular Meeting of: December 13, 2022
Originating Department: Administrative Services
Department Director:
Kristopher Ryan
Ciffl Manager:
SUBJECT: RESOLUTION APPROVING THE CITY'S INTENT TO APPROVE AN
AMENDMENT TO THE CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM TO IMPLEMENT A COST SHARING PROGRAM BETWEEN
THE CITY AND SOUTH GATE POLICE MANAGEMENT ASSOCIATION PURPOSE: To consider adopting a resolution giving notice of the City's intent to approve a contract amendment between tlie City and tlie Board of Administration of the California Public Employees' Retirement Systen'i ("CalPERS") to implement a cost sliaring program between tlie City and the Soutli Gate Police Management Association ("'SGPMA").
RECOMMENDED ACTION: Tlie City Corincil will consider adopting a Resohition giving notice of the City's intention to approve aii ai'nendment to the contract between the City and the Board of Administration of tlie California Public En'iployees' Retirement System (CalPERS) to provide employee cost sliaring of 2% for classic local police management members in the South Gate Police Management Association (SGPMA) beginning Fiscal Year 2022-23.
FISCAL IMPACT: Tlie estimated savings from implementing tlie cost sharing program for Fiscal Year 2022-2023 is $63,000.
ANALYSIS: None
BACKGROUND: The City's current contract with CalPERS provides that all employees pay tlie full employee sliare toward their retirement benefit. That contribution percentage differs based on wlietlier tl'iey are "Classic" rinit members or "PEPRA" unit members. During the most recent contract negotiations between tlie City and tl'ie SGPMA, an agreen'ient was reached wliereby its police management members worild contribute 2% of salary toward the City's share of tlieir retirement benefits. "Classic" rinit members worild begin contributing an additional 2% in FY 2022-23 and "PEPRA" rinit members would begin contributing an additional 2% in FY 2024-25. That agreen'ient was approved by tlie City Corincil at its July 26, 2022 meeting by tlie adoption of Resolution No. 2022- 45-CC approving a Tentative Agreement ("TA") with tlie SGPMA for the period of July 1, 2021 - June 30, 2025.
More specifically, in addition to a 7.9% Cost of Living Adjustment ("COLA") increase to base salaries for FY 2022-23, tlie SGPMA agreed in the TA to have "Classic" ruiit members pay an additional 2% 1 29
(total 11%) towards tlie member's CalPERS contribution prirsuant to California Government Code 20516(a) effective tlie payroll period commencing July 30, 2022.
Staff began working with CalPERS to amend the City's contract to implement this change in August 2022 and received approval and tlie necessatay information to move forward on September 20, 2022.
The cost sharing anangement has already been agreed upon by the City and tlie SGPMA througl'i the TA approved by the City Council on July 26, 2022. CalPERS required the City to provide more specificity on the agreed-to cost sharing arrangement, whicl'i the City did by providing the TA and Resolution No. 2022-45-CC. In order to proceed with amending tlie City's contract with CalPERS for cost sharing, CalPERS requires a Resolution of Intention, an election of employees agreeing to the contract change, and adoption of an ordinance amending the City's contract with CalPERS. Tliis amendment would riltimately bring the CalPERS contract in alignment with the current adopted TA.
The CalPERS contract amendment is straightforward; the only cliange is that it will provide for employee cost sliaring of 2% for local police management members in the SGPMA. Tlie additional amounts paid by tlie employee toward tlie City's contribution will be credited to each member's PERS accorint as normal contributions and will allow tlie City to process the full contribution as tax deferred compensation in accordance with IRC414(h)(2).
According to CalPERS procedures, an amendment to tlie contract that changes tlie employees' rate of contribution requires a secret ballot election among the employees affected. That election must follow Council adoption of the Resolution of Intention and precede adoption of the final documents.
Following the adoption of tliis Resohition, tlie notice of election will be posted conspicuorisly in the department over a period of seven days that inchide a weekend. Tlie CalPERS contract caiuaiot be amended if a majority of tlie affected members vote to disapprove tlie proposed plan. Shorild members of the SGPMA vote to approve tlie cost sharing plan as already agreed to in the TA, tl'ien staff will proceed with the following:
1. Public liearing proposing First Reading of Ordinance amending the CalPERS contract at the Jatniary 24, 2023 City Council meeting.
2. Final adoption of Ordinance at the February 14, 2023 City Council meeting.
3. Contract Amendment effective February 26, 2023.
Effective tlie first full pay period in July 2024, SGPMA agreed in the TA to have "PEPRA" unit members pay 2% towards the employer CalPERS contribution as cost sliaring. Since CalPERS reqriires a separate contract amendment to update tlie "PEPRA" rinit members cost sharing, Staff will return to City Council in Spring 2024 to begin the process of amending that contract.
ATTACHMENTS: A. Proposed Resolution
B. Resolution No. 2022-45-CC
2 30
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, DECLARING THE CITY'S INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF SOUTH GATE
WHERF,AS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the priblic agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost) of 2% for classic local police members in the South Gate Police Management Association.
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 give notice of intention to approve an amendment to the contract between the City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as "Exhibit A," and by this reference made a part hereof.
SECTION 3. The City Clerk shall certi'fy to the adoption of this Resolution which shall be effective upon its adoption.
3 31
P ASSED, APPROVED, and ADOPTED on this 13th day of December 2022.
CITY OF SOUTH GATE:
By:
AI Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
4 32
CalPERS
EXHIBIT A
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Bogrd of Administration
California Public Employees' Rilffiiuiiul System
and the
City Council
City of South Gate
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective March 1, 1949, and witnessed January 24, j949, and as amended effective August 1, 1952, November 1, 1952, May 1, 1958, August 1, i964, November 16, 1969, October 15, 1972, February 4, 1973, September 2, 1973, July 6, 1975, April 22, 5 979, October 17, 1982, April 27, 1983, January 14, 2001, June 30, 2001, July 1, 2002, May 12, 2010, and August 26, 2017, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A, Paragraphs 1 through 17 are hereby stricken from said contract as executed effective August 26, 2017, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
5 33
Public Agency shafl participate in the Public Employees' Retirement System from and after March 5, j949, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereaffer enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not timited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formuas under this Contract that are different than the retirement benefits, provisions or formufas provided under the Public Agency's prior non-CalPERS retirement program,
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions orformulas that are different than such employees' existing retirement benefits, provisions or formulas, (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for underthe California Public Employees' Retirement Law.
4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members).
5. (n addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
6 34
a. PER30NS EMPLOYED IN THE CLASS OF CROSSING GUARD
HIRED ON OFI AFTER SEPTEMBER 2, 1973.
Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are exc(uded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994.
The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or after July 1, 2002, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and current service as a classic loca) miscellaneous member in employment on or affer July 1, 2002, shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full), The percentage of fina compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2o/o at age 62 Full),
10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). j1, The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Fuil).
12. Public Agency elected and elects to be subject to the following optional provisions:
a, Sections21624and21626(Post-RetirementSurvivorAllowance). b. Section 20042 (One-Year Final Compensation) for classic members only.
C. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From April 22, 1979, and until October 17, 1982, the normal local misce(laneous member contribution rate shall be 3.5% ond
4.5% for local safety members Legislation repealed said Section effective September 29, 1980.
7 35
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978).
e. Section 21024 (Military Service Credit as Public Service) for local miscellaneous members only.
f. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only.
g, Section 21574 (Fourth Level of 1959 Survivor Benefits) for locai miscellaneous members only,
h, Section 20903 (Two Years Additional Service Credit).
Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members only.
J. Section 20516 (Employees Sharing Additional Cost):
From and affer the effective date of this amendment to contract, 2% for classic local police members in the South Gate Police Management Association
The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.
13. PublicAgency,inaccordancewithGovernmentCodeSection20790,ceasedto be an "employer" for purposes of Section 20834 effective on July 6, 1975, Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereaffer shall be held by the Board as provided in Government Code Section 20834.
14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.
15. Public Agency shall also contribute to said Retirement System as follows:
8 36
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to coverthe costs of administering said System as it affects the empfoyees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.
16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as deteimined by the periodic investigation and valuation required by said Retirement Law.
17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fiffleen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board, ,s
B. This amendment sh4pMffective on the day of
PUBLIC EMPLOIQ'-RETIREMENT SYSTEM CITY OF GATE
;;i-oo VIDES,CHIEF psesiiomces-" CONTRACTS AND PREFUNDING DMSION
EMPLOYEES' RETIREMENT SYSTEM !G
ness Date
Clerk
AMENDMENT CalPERS ID #7499696720
PERS-CON-702A
9 37
ATT ACHMENT B
RESOLUTION N0. 2022-45-CC
CIT\ OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TENT ATIVE AGREEMENT FOR
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SOUTH GATE AND THE SOUTH GATE POLICE MANAGEMENT
ASSOCIATION FORTHE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2025
WHEREAS, the South Gate City Council approved a Memorandum of Understanding ("MOU") with the South Gate Police Management Association ("SGPMA") for the period covering July 1, 2005 tmough June 30, 2008, along with various Amendment(s), Side Letters and Tentative Agreements covering the period of July 1, 2008 to the present; and WHEREAS, representatives of the City of South Gate and SGPMA have met and conferred in good faith on various terms and conditions for a Tentative Agreement ("TA") for a comprehensive successor MOU which will cover the time period of July 1, 2021 through June 30, 2025; and
WHEREAS, the City Council is required under Governrnent Code section 3505.1 to approve a Tentative Agreement prior to the parties jointly preparing a written memorandum of understanding based upon such TA; and
WHEREAS, a successor SGPMA MOU 2021-25 will be brought back to the City Council at a future date for approval consistent with the deal points of the TA and prior agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the Tentative Agreement betweenthe City of South Gate and the SGPMA attached hereto as "Exhibit A."
SECTION 2. The City Council requests that the parties jointly prepare a written memorandum of understanding consistent with the Tentative Agreement to be brought to City Council for formal approval and adoption.
SECTION3. TheCityClerkshallattesttoandcertifythepassageandadoptionofthisResolution and the TA, which shall be effective upon such adoption. ffi
10 38
PASSED, APPROVED and ADOPTED this 26'h day of July 2022.
ATTEST:
By:
Yodit ity Clerk
APPROVED AS TO FORM:
B7:
Raul F. Salinas, City Attorney
CITY OF SOUTH GATE:
r
Al Rios, Mayor
39 ST ATE OF CALIFORNIA
COtJNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that ResolutionNo. 2022-45-CC was adopted by the City Council at their Regular Meeting held on July 26, 2022, by the following vote:
Ayes: Council Members: Rios, Avalos, Hurtado, and Diaz Noes: Council Members: None
Absent: Council Members: Davila
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on August 9, 2022.
Yodit Glaze, Clerk
City of South , California
I
40 EXHIBIT A
U4nmrk'aORy
iHir
TENT ATIVE AGREEMENT
FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING
Per California Government Code Section 3505.1
Between
The City of South Gate and
The South Gate Police Management Association (SGPMA)
The most recent Memorandum of Understanding ("MOU") between the City and the South Gate Police Management Association ("Association") expired on June 30, 2008 ("SGPOA MOU 2005-08")(Contract No. 2265). Thereafter, the parties entered into various Amendments and Side Letters covering the period July 1, 2008 through June 30, 2017. On December 12, 2017, the City and Association entered into an Amended and Restated Tentative Agreement for a Successor Memorandum of Understanding ("ARTA") which provided that all terms and conditions of the SGPMA MOU 2005-2008, including any amendments thereto, and Side Letter Agreements, shall be maintained unless expressly modified or changed by the ARTA or until the successor 2017-20 MOU was approved accepted and adopted by the City Council. The successor 2017-2020 MOU was never prepared, and additional Side Letters were entered into between the parties. The parties informally agreed to maintain the status quo through the initial COVID 19 pandemic through June 30, 2022,
On March 23, 2022, the Association made a formal request to commence negotiations on a successor labor agreement prior to June 30, 2022. The parties commenced negotiations on May 26, 2022, with the Association providing its initial proposal for a successor MOU. Thereafter, the parties met and exchanged proposals related thereto. The parties reached a Tentative Agreement for a successor MOU the deal points of which are set forth below and affirmed by the execution of this Tentative Agreement by the parties" labor representatives. This Tentative Agreement was ratified by the members of the Association on July 14, 2022. This Tentative Agreement shall not become effective until accepted, approved, and adopted by the South Gate City Council per California Government Code Section 3505.1, which provides:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the Boverning body shall vote to aCcept Or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shalljointly prepare a written memorandum of understanding." Any items within the SGPMA MOU 2005-08, the subsequent Amendments or Tentative Agreements or Side Letters or any other current labor agreements not addressed herein are proposed to remain unchanged until such time as the successor PMA MOU is ratified by the Association and approved and adopted by City Council; however, any contractual language that has a specific end date will be deemed of no further force and effect. The parties have agreed that the consolidated successor MOU shall be prepared and submitted to City Council for adoption as soon as practicable, but in no event later than sixty (60) days from City Council approval of this Tentative Agreement. 13 41
TENTATIVE AGREEMENT
PREAMBLE
The following language sha!l be in the successor MOU and replace any similar language from prior agreements:
This Agreement is a good faith effort by the Association and City to consolidate decades of individual MOUs and side agreements into this one comprehensive document, It is possible that provisions of the MOUs and/or side agreements or related resolutions may have been inadvertently omitted In the comprehensive MOU. Therefore, each party to this MOU reserves its rights to bring to the other party"s attention a provision in a prior MOU or stili valid side agreement or resolution that is not included in this MOU, In such case, the parties agree to convene meetings to address the issue and to engage in good' faith attempts to reach agreement as to the validity and/or content of any such omItted evidence of terms and conditions of employment. No representation is made that such agreement(s) shall be arrived at,
Additionally, in preparing this MOU, it is not the intent of the parties to invalidate terms and conditions of employment that are not set forth in this MOU, but which are referenced in a still valid side agreement or past practice as this term is defined by statutory and case law.
TERM
The following language shall be m the successor MOU and replace any similar language from prior agreements:
This Agreement shall be effective from Jufy 1, 2021 through June 30, 2025 (4 years) and .Thall supersede the SGPMA MOU 2005-08 and any Side Letters entered into during or after the adoption of the SGPMA MOU 2005-08, which are intended to be incorporated in this Agreement if to be continued. The MOU shall become effective onfy after adoption by the City Council of the c'ity Of South Gate following ratification by the members Of the ASSOCiatiOn. The terms Of this Agreement shall only apply to those employees still on payroll at the time that it is adopted by City Council, with the exception of retiree benefits.
PROBATION
The following further changes are implemented and shall be made to the successor MOU provision and replace any similarlanguage from prior agreements:
Probationary periods for Association represented employees are outlined in Sections 5.7.4, 5,8.4 and 5.9.7 of the City's Rules & Regulations for the Administration of CMI Service Procedures, Resolution No. 6377, adopted on June 24, 1997, as amended by Resolution No. 6871, adopted on February 24, 2003, and Resolution No. 7038, adopted on January 11, 2005.
SGPMA Successor MOU 2021-25 TentativeAgreement
42 ASSOCIATION ACCESSTO NEW EMPLOYEEORIENTATIONS AND INFORMATION The following language shall be in the successor MOU and replace any similar language from prior agreements:
The City agrees to provide no less than 10 calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s).
Orientation refers to any onboardlng process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the Cit,y and the Association. Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
The City AGREES to provide the Association with the namei job title, department, work location, work, home, and personal cellular telephone numbers, personal ernail addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire.
The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.
WAGES
The following further changes are implemented and shall be made to the successor MOU provision any similar language from prior agreements:
A. For Fiscal Year 2021-22, there shall be no cost-of-living adjustment ("COLA") or change in salary ranges.
B, Effective the payroll period commencing July 30, 2022 (paid August 18, 2022), the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by seven and nine/tenths percent (7.9%'). See Appendix Al.
C. Employees still on paymll as of August 18, 2022 and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of .58250.00 in their August 18, 2022 regular paycheck as an itemized line on their pay stub,
D. Effective the first full payroll period in July 2023 the base salary for the classifications for the represented Unit classifications shall be increased by four percent (4%). See Appendix A2.
E. Effective the second full payroll period in July 2023, employees still on payrofl and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of S4000.00 in their regular paycheck as an itemized line on their pay stub.
F. Effective the first full payroll period in July 2024 the base salary for the classifications for the represented Unit classifications shall be increased by four percent (4%). See Appendix A3.
G. Effective the second full payroll period in July 2024, employees stiil on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an SGPMA Successor MOU 2021-25 Tentative Agreement 3
15 43
Essential Worker Stipend of S2000.00 in their regular paychecl< as an Itemized line on their pay stub,
BILINGUAL PREMIUM PAY
The following changes are made to the existing MOU provision effective @oing forward only, and not retroactive, with the payroll period starting July 30, 2022:
Bilingual Pay shall be increased from 6125 to S190 per month.
POST CERTIFICATION PAY
The following changes are made to the existing MOU provision effective going forward only, and not retroactive, with the payroll period starting July 30, 2022:
Effective the first full payroll period in July 2022, Unit employees who have obtained or do obtain a POST Supervisory Certificate shall receive S275 per month as POST Certification Pay and retain that pay through any promotion through PMA represented classifications.
Effective the first full payroll period in July 2022, Unit employees who have obtained or do obtain a POST Management Certificate shall receive 9350 per month as certification pay and retain that paythrough any promotion through PMA represented classifications, The POST Certification Pay provided herein is not cumulative and will not be considered for purposes of calculating pay differentials between Sergeant and Lieutenant, and Lieutenant and Captain.
UNIFORM ALLOWANCE
The following further changes are implemented and shall be made to the successor MOU provision:
Lump sum payment of any uniform allowance shall not be made July 1, 2022 and going forward, and instead, the City shall pay and report the Uniform Allowance in compliance with CalPERS rules (Circular Letter: 200-050-19) whereby the aggregate amount for each pay period is reported within the earned period report (meaning paid out equally across all pay periods in a fiscal year).
DENT ALINSURANCE
The following further chances are implemented and sha(l be made to the successor MOU provision.
The City and Association shall form a combined POA/PMA/City dental benefit committee within sixty (60) days to meet and confer over the possible change to Delta Dental PPO at next City open enrollment.
LIFE INSURANCE
The folfowing further changes are implemented and shall be made to the successor MOU provision:
Effective going forward from the first full pay period after City Council approval of a tentative agreement for a successor MOU, the City shall provide S5,000 of Term Life lnsurance and 9100,000 Accidental Death and Dismemberment Insurance for a)l employees represented by the Association until age 65,
SGPMA Successor MOU 2021-25 Tentative Agreement
44 RETIREMENT
The following further changes are Implemented and shall be made to the successor MOU provision:
Effective the payroll period commencing Jufy 30, 2022 (paid August 1B, 2022), all "Classic" represented unit members as defined by Ca(PERS shall pay an additional 2% (total 11%) towards the member's CalPERS contribution pursuant to California Government Code 20516(a), Effective the first full pay period in July 2024, all "new" or "PEPRA" unit members, as defined by CalPERS, shall pay 2% towards the employer CalPERS contribution as cost sharing to be implemented by a 1% CalPERS contract amendment pursuant to California Government Code section 20516(a) and the other 1% cost sharing being Implemented pursuant to Government Code section 20516(f) on an after tax payroll deduction basis until such time as POA represented members reach an equivalent cost sharing CalPERS contract amendment whereby the cost sharing may be pre-tax pursuant to Government Code section 20516(a).
HOLIDAYS
Veteran's Day (November Ilth) shall be added to the existing MOU provision as a listed City Holiday for Association represented employees and employees sha]l receive an additional 10 hours of holiday pay for that new holiday bringing their total to 130 hours of Holiday Leave per year.
The following further changes are implemented and sha(l be made to the successor MOU provision:
City Holiday Leave is not Intended to be carried over from one fiscal year to a succeeding fiscal year, except for employees who, at the end of the fiscal year, are out on paid Administrative Leave or an Industrial Injury Leave (Workers" Comp). In those situations, the employee can carry over the unused Holiday Leave 5ours for a period of up to 60 calendar days after they return to work. Otherwise, any Holiday Leave remaining from the previous fiscal year shall reduce the amount granted for the ensuing fiscal yearin an equal amount.
VACATION LEAVE CASH OUT
The following further changes are implemented and shall be made to the successor MOU provision:
PMA represented employees may request to cash out accrued, unused vacation leave at the employee's Regular Rate of Pay, not to exceed 100 hours in any fiscal year. Beginning in 2022 for vacation leave to be cashed-out in CY 2023, City shall supply an irrevocable cash out request form to be submitted no later than December 15th for the cash out for the following calendar year. Employees may cash out up to between O%-50% of their annual accrual in July and the balance in December but only to the extent the employee has accrued, unused vacation leave sufficient to cover the leave cash out request. If the employee's vacation leave balance is less than the amount previously designated, the employee's cash-out will be limited to the amount accrued, unused vacation )eave at the time of the designated cash out, but must meet the designated cash out by year end. Employees who fail to submit a vacation leave cash out request by December 15th will be precluded from cashing out vacation leave in subsequent calendar year.
SGPMA Successor MOU 2021-25 Tentative Agreement 5
17 45
SICK LEAVE
The following further changes are implemented and shall be made to the successor MOU provision and replace any previous similar or related provisions:
SICK LEAVE CONVERSION
The City shall permit represented PMA employees who are In the final 3 years of an eligible employee's empfoyment before attaining the Normal Retirement Age as defined by IRS regulations and have 20 or more years with the City to convert accrued unused sid< leave prior to retirement for the purpose of maximizlng the employee's "Catch Up" contributions to Deferred Compensation, as permitted by applicable provisions of the Internal Revenue Code, The Conversion of accrued unused sick leave hereunder shall be at the employee's Regular Rate of Pay as defined in this MOU. This sick teave conversion to deferred compensation is limited to a maximum of 1200 hundred hours for both conversion to deferred compensation and foi- cash out upon separation. Any remaining sick leave hours balance above the combined 1200 hour cap can still be converted to retirement credit to the extent the City maintains that CalPERS contract benefit. Effective with the pay period commencing July 30, 2022, new hires shall not be entitled to convert sick leave to deferred compensation or cash out. Recruits in the Academy are not deemed employees for this purpose. Any represented employee that dies prior to retirement shall have their sick leave paid to their beneficiary if the employee has 20 or more years of service at the time of death or if the death was work related.
SICK LEAVE CASH OUT UPON SEPARATION
PMA represented employees hired prior to July 1, 1993 shail be permitted to cash out an unlimited number of accrued unused sickleave hours.
PMA represented employees hired on or after July 1, 1993 shall be permitted to cash out a lifetime maximum of twelve hundred (1200) accrued unused sick leave hours. Cash out of accrued unused sick leave hours shall be at the employee's Regular Rate of Pay as defined in this MOU.
This sick leave cash out upon separation is limited to a maximum of 1200 hundred hours for both cash out upon separation and conversion to deferred compensation. Any remaining sidt leave hours balance above the combined 1200 hour cap can still be converted to retirement credit to the extent the City maintains that CalPERS contract benefit. Effective with the pay period commencing July 30, 2022, new hires shall not be entitled to convert sid< leave to deferred compensation or cash out. Recruits in the Academy are not deemed employees forthis purpose.
GRIEVANCE PROCEDURES
The parties agree to retain the services of an Administrative Law Judge (All) through the Office of Administrative Hearlngs (OAH) to conduct Step 4 Grievance review and provide a written decision in place of the City's Civit Service Commission, with all other aspects of the Brievance hearing remaining the same. The City and the Association shall share the costs of using the AIJ and OAH equa(ly, with each side paying their share as and when required by the neutral, third-party or the OAH. If either party wishes to have a court reporter document the proceedings, then that party shall bear the cost of such court reporter. In the event that both parties wish to have a court reporter document the proceedings, SGPMA Successor MOU 2021-25 Tentative Agreement 6
18 46
then the parties shall split t)aie cost of such court repoiter. Absent alternative aqreement betwt=an t)ie parties, each party shall bear the costs of any transcript(s), )f requested.
DISCIPLINAR'/ PROCEDtJRES
The parties agree to retain the services of an Administrative taw Judge (A1.J) through the Office of .t!dmtnistrative Hearings (OAH) tO COlldCICt tt?e di!iClp)lnar!/ a(t)O{l appeal and prOVlde a WrittelTh declsioi'i in plaCe Of the Cit''S CiVil SerVICe Conimission, Witll all other aspects Of tile dlsciplipary tlearinbo remaining the same. The City shall bear the COSTS of contracting with OAH arid using the ALI. City shall alsobear[heco>ofanVcourirePorferifranscnaptsota!;tmllarrecordaingiNOemployeesha(Ieverbe I'eq'ufredcopa'an'}coSiora(Jats6prtnar'appeateXceptrorf'l'ie'tro'yvnrepiaesenva(ionano7orre,ar caurisel.
City of South Ga
Chris Jeffers, Interim C(/y niger
Kristopher Ryan, Dir. of Admin. Svcs,/HR&RM
ColinTanner. LaborCounset
Sout!i Gate Management Association
Manu
Robert W
SGPMA SUCCessOr FJIOU 2021-25 Tentative A(,reen'ient 7 47 APPENDIX Al
SALARY PAY TABLE
PAY PLAN CATEGORY B - SOUTH GATE POLICE MANAGEMENT ASSOCIATJON EFFECTIVE 07-30-2022
7.9% INCREASE
20 48
APPENDIX A2
SALARY PAY TABLE
PAY PLAN CATEGORY B-SOUTH GATE POLICE MANAGEMENT ASSOCIATION EFFECTIVE 07-01-2023
4.0% INCREASE
"k"""""h,"':""l K*:l:ml!W'a,a!pzg@,zy;q;-i:< .4JQ'Q1 ,!'a;,"'1,7,"4'aiX!'tl'hai:U'q'!q.,!'(plQ%S}TI0'N'.::'i,4:'Batv#ll,o4r,'-,ga.A;iiti:-, 31 153,527 12,794 73.81 POLICE SERGEANT
35 178,091 14,841 85.62 POLICE LIEUTBNANT
36 199,462 16,622 95.90 POLICE CAPT AIN
37 203,062 16,922 97.63 POLICE CAPT AIN IN CHARGE
21 49
APPENDIX A3
SALARY PAY TABLE
PAY PLAN CATEGORY B - SOUTH GATE POLICE MANAGEMENT ASSOCIATION EFFECTIVE 07-01-2024
4.0% INCREASE
22 50
CITY OF SOUTH GATE
PMA Cost Summary
Rate PMA PMA PMA PMA
Item # Description of Requested Item: Proposal Proposal Proposal Proposal 1 1st Year (21-22) 2nd Year (22-23) 3rd Year (23-24) 4th Year (24-25) No. of Members -ig
Total Salaries 3,664,000 3,947,000 4,113,000 4,575,000 1 % of Salary 37,000
1 % of Total Comp 42,00 €1
PMA proposal:
2 Eff 7/1/21 O.Oo/p,
Eff El/13/22 ____ 7,9_% _ ,_ _ . _ l- ___2_8_3,0_00 _ _____3_g3, p________oo____________30s,000 Eff 7/1/23 4.0% ____ ________1___55_,(_00_ 161,000
Eff7/1/24 4.0% __ 161,000
_Es5entlal Worker Stipe3'yd_i_p.ne Time Payment of S8,250, 54,000, S2,000 159,000 77,000 39,ODO 2a CalPER5 2% Cost Share, All Employees (assumes 19) (63,ODD) (66,000) (70,000) 3 Increase bilingual pay from §1,500/person to 92,280/person (assumes 14) $1 90/mo 43,000 43,000 43,000 4 Hollldays: Add Veterans Day add 20 hours of holiday in lieu pay 19,000 21 ,000 23,000 5 Dental Plan No Costing No Costing No Costing No Costing 6 Vacation Cash Out: Increase Max from 80 hrs to 100 hrs (assumes 8) 13,000 13,000 13,000 7 Educational Incentive:
a. POST Supervisor Cert 3% - (assumes O) $275
b. POST Management Cert 5% (assumes 19) $350 i 01 ,000 101000 101,000 8 Deferred Comp: Match up to 2% of annual base pay (assumes 4) 2% 9 Sick Leave Cash Out: Cash out up to 1,200 hours No Costing No Costing No Costing No Costing CalPERS Retirement - Classic 25.59% Included above Included above Included above Included above CalPERS Retirement -PEPRA __ __1_3_,_9;A__,,,,Igmu@ed above Included above Included above 'I'ncluaed"atiove" ,jVl_4_d_k:4___reT_a_x.l_.4_594___ _ 1__.4____6%____l.pp!uae_d__atigv_e__!__nc!udqQ_abqy.e__Ineluded above _lri5;Ig4Q _apove_ _ '-L;;Te';m-Dlsabillty'.21% '----d""'-J""_'2J""2"""l_"""""'__""'_2-_""-_____"""'-"'_-""J"'I2:"""'-"""'_"""7_"----"6ii'2'i5_a'aaai'Tn'Th!u;e-d'above___lnclu_aod above lnaluad;ve -lr:6!GffedaaboQe" -" n'____""-..___"-" -'. 'oHH ._'-2_aI;I-:_- I""m.z '... 7 .a 'i % - 0 '-. , .," ' i ' ( I --a Ir.-r.o-[ -:'-o2-jfaMM
_'TotalMSa!-__ll l ______-__- __o _-. 3_.aaq, _,a Th,3iQL %gfTW_a_lAnnmri;7ffl---------- _OT _-. _' ___-!Q!!!_
% To_!_1Annut______l€ompgnsa!ion _ _ !L_,@%,__li,l_%. _ _:i4_41 % ofTotJ Annual &i!arin euluding @ne- Timo Cgstsi !0,8% !4,a% 11,'4% %of__TotalAnnua1eomnoniatione3__cluding_moeoiti __ __ _ !0,6% _ l:i,4% Total Compensation % is baaeid on gunent tgtal qgmpensatign ' An aatuatial evaluatian is reqt_mmeinded to calculate the full long term financial im,iagt of this proposal. I . _ l- - 1. I
51 CITYMANAGER'S OFFICE
Item No. 4
DEC 0 5 2022
Ciffl of South Gate
CITY COUNCIL
A(GENDA IBI[LL
For the Regular Meeting of: December 13, 2022
a a Department: Public Works
Department Director: City Manager:
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2020-15-CC WITH WILLDAN
ENGINEERING FOR PROJECT MANAGEMENT SERVICES FOR THE
IMPLEMENT ATION OF CAPIT AL IMPROVEMENT PROGRAM PROJECTS PURPOSE: The Public Works Department, Engineering Division currently utilizes Capital ImprovementPrograrnprojectmanagementservicesthroughContractNo. 2020-15-CCwithWilldan Engineering ("Willdan"). Amendment No. 3 extends the services through June 30, 2024.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 in the amount of Four Hundred Forty-Nine Thousand Two Hundred Eighty Dollars ($449,280) for FY 2022/23, and Seven Hundred Thirty Thousand Eighty Dollars ($730,080 for FY 2023/24 to Contract No. 2020-15-CC with Willdan Engineering to extend Capital Improvement Program project management services through June 30, 2024, for anaggregate amountnot-to-exceed $1,179,360 underAmendmentNo. 3; b. Appropriating an additional $31,280 from the General Fund balance to Account No. 100- 701-31-6101 for Capital Improvement Program project management services; and c. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
FISCAL IMPACT: Amendment No. 3 to Contract No. 2020-15-CC is for two fiscal years (FY 2022/23 and FY 2023/24) in the amount of $1,179,360 which will be funded with CIP Funds and partially funded with General Funds. General Fund appropriations will be funded with salary savings from vacant engineering positions. The revised contract is summarized as follows:
Prop C
Funds
CIP Funds General
Fund
Total
Agreement 2020-15-CC $150,000 $90,000 $240,000
Amendment No. 1 $383,520 $383,520
Amendment No. 2 $0
Amendment No. 3
FY 2022/23 $418,000 $31,280 $449,280
FY 2023/24 $675,324 $54,756 $730,080
Total $150,000 $1,476,844 $176,036 $1,802,880
1 52
CapitalImprovementProgramfundsareprogrammedinthe"CIPFund." TheCIPFundreferstothe accounting program in where all funds for Capital Improvement Program ("CIP") projects are allocated within their specific accounts. These CIP funds include and are not limited to General Funds, Transportation Development Act (TDA) funds, Gas Tax funds, Asset Forfeiture funds, Proposition C funds, Air Quality Management District (AQMD) funds, Street Lighting and Landscaping funds, Measure M, Measure R, Measure W, Building and Infrastructure Maintenance (BIM) funds, State and Federal Grant funds, Water funds, Los Angeles Unified School District (LAUSD) funds, American Rescue Plan Act (ARPA) funds, Development funds and Road Mitigation funds. AmendmentNo. 3 is inthe amount of $1,179,360, which will be funded with CIP Funds.
ANALYSIS: The City has used outside, third party professional services to handle Capital Improvement Plan projects as adopted by the City Council. These third parties such, as Willdan, allow cities to flex professional personnel services to meet actual demands for engineering services whether they are generated by CIP projects and/or reviewing development projects that may be submitted. SupportisnecessaryintheinterimtocontinueimplementingCIPprojectsandkeepthem on schedule. Currently, the Engineering Division utilizes project management services through Willdantoprovidetheneededsupport. StaffisrecornmendingcontinuingservicesthroughJune30, 2024.
The proposed budget is an estimated figure that is based on projections for required consultant staffing levels which include tmee project managers atthe rates established inthe currentagreement.
Project management services allow project management and staffing to be added or removed as needed within the existing budget constraint. Amendment No. 3 provides for as needed staffing support as follows:
Project Management
Services
Weeks Hours
per Week
Hourly
Rate
Total
FY 2022/23 32 108 $130 $449,280
FY 2023/24 52 108 $130 $730,080
Total $1,179,360
The additional not to exceed amount of $1,179,360 is a cumulative total that may be spent on City Council adopted CIP projects and/or internal developmentreview services. The actual costs incurred willdependonactualtimededicatedtoaparticularCIPprojectordevelopmentplanbyWilldan and whether the City is successful in filling vacant positions that would handle these projects. Nearly all costs associated with this agreement are funded tmough third-party funding sources.
The projects listed on the following table are budgeted in the Fiscal Year 2022/23 Capital ImprovementProgram. Althoughthesearethecurrentprojectspresented,theproposedArnendment No. 3 provides the City with the option to add or remove projects, as services progress.
Project Name
CIP No. CIP Funds
As Needed Engineering Services (General Fund) $31,280 2 53
I-710 Freeway/Firestone Blvd S/B Onramp Modification I $50,000SG Courthouse Adaptive Reuse
$40,000Storm Water Infiltration Wells Improvements $5,000Electric Vehicle Charging Stations $5,000Circle Park
$45,000Hollydale Park
$45,000Emergency Backup Generators (General Fund) $20,000LED Street Light Improvement Pilot Program $10,000Streetlights Improvements Pilot Program $10,000Locker Room Renovation $13,000ADA Transition Plan Implementation
$10,000', Garfield Ave Complete Streets
$40,000Urban Orchard
$5,000
i Traffic Signal Improvements at Atlantic Ave and Chakemco Street $5,000SG PD Air Conditioner Replacement $30,000' East Alameda Street Pedestrian Improvements I $10,000Fuel Management System $5,000SG Park Auditorium Roof Restoration and Replacement I $20,000Sewer Relining Project
I $50,000
Total $449,280
BACKGROUND: The Public Works Department, Engineering Division is managing the CapitalImprovement Program. It currently includes 76 capital projects budgeted at over $93 million. TheEngineering Division's capacity to implement projects timely is currently impacted by engineeringvacancies. Currently, four engineering positions are vacant. Staff is recommending proceeding withCIP project management services to continue implementing CIP projects, on schedule.
On February 25, 2020, the City Council approved Contract No. 2020-15-CC with Willdan. OnDecember 14, 2021, the City Council approved Amendment No. 1 in the amount of $383,520 forCIP project management services through Augustl5, 2022. OnMarch 8, 2022, the City and Willdanentered into Amendment No. 2 which extended the agreement term to June 30, 2023.
Willdan offers the following benefits:
* City experience - Willdan is familiar with City standards, CIP programs, EngineeringDivision processes, and the City's infrastructure. * Experiencedstaff-Willdanisproposingateamoftwoprojectmanagersandoneassociate engineer, each with over 30 years of experience.
* CIP Projects Familiarity -Willdan is familiar with the City's CIP projects and fundingsources as they have been managing various project in the capacity of City Engineer andproject managers. * CIP Funding - The CIP has over $80 million in local, state, and federal grant funds. Willdan 3 54
is familiar with the CIP funding and in managing the state and federal funds. @ Service Fees - Willdan provides reasonable service fees. Project Managers are offered at the rate of $130/hour.
Willdan will continue to provide the services (according to Amendment No. 3) listed below, underContract No. 2020-15-CC:
@ As-needed Engineering Services - Common as-needed engineering service needs include execution of miscellaneous technical assignments, plan check, development review, surveyservices, legal descriptions, and tract map reviews. @ As-needed CIP Services - Common services include performing plan checks of CIP projects, reviewing technical studies, reviewing orpreparing prevailing wage compliance documents,state and federal funding compliance, staff augmentation services, etc. * Grant Writing Services - Preparation of applications for grant funds, funding administration(state and federal).
ATT ACHMENTS: A.
B.
C.
D.
Proposed Amendment No. 3 to Contract No. 2020-1 5-CC Amendment No. 2 to Contract No. 2020-15-CC
Amendment No. 1 to Contract No. 2020-15-CC
Contract No. 2020-1 5-CC (Entire document available for review in the City Clerk's Office)
IB:lc
4 55
AMENDMENT N0. 3 TO CONTRACT N0. 2020-15-CC
FOR AS NEEDED ENGINEERING SERVICES WITH
WILLDAN ENGINEERING
This Amendment No. 3 to Contract No. 2020-15-CC for As Needed Engineering Services ("Amendment No. 3") is made and entered into on December 13 2022, by and between the City of South Gate, a municipal corporation ("City"), and Willdan Engineering, a California corporation ("Consultant"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on February 5, 2020, the City Council approved Contract No. 2020-15-CC with Contractor ("Agreement") for As Needed Engineering Services for a two-year term through and including February 25, 2022, in the amount of Four Hundred Eighty Thousand Dollars ($480,000);
WHEREAS, on January 11, 2022, the City Council approved Amendment No. l to ContractNo. 2020-15-CC with Consultant forprojectmanagement services on a month-to-month basis, for up to eight months term through and including August 15, 2022 in the amount of Three Hundred and Eighty-Three Thousand Five Hundred and Twenty Dollars ($383,520); WHEREAS, On March 8, 2022, the City Council approved Amendment No. 2 to Contract No. 2020-15-CC with Consultant extending the term through June 30, 2023; and WHEREAS, the City and Consultant desire to execute Amendment No. 3 to, (a) extend the term of the agreement to provide services through June 30, 2024 under Amendment No. 2, (b) to augment project management services by including an additional engineer identified in Exhibit "A," and (c) to increase the contract to an amount not to exceed Four Hundred Forty- Nine Thousand Two Hundred Eighty Dollars ($449,280) for FY 2022/23, and Seven Hundred Thirty Thousand Eight Doller ($730, 080) for FY 2023/24, under the terms and conditions of the Agreement, bringing the aggregate total sum of the Amendment No. 3 to One Million One Hundred Seventy-Nine Thousand Three Hundred Sixty Dollars ($1,179,360), and the total sum of the Agreement, inclusive of all amendments, to One Million Eight Hundred Two Thousand Eight Hundred Eighty Dollars ($1,802, 880).
NOW, THEREFOR, the parties hereby agree as follows:
1. SCOPE OF WORK.
The City hereby engages Contractor/Consultant and Contractor/Consultant accepts such engagement to perform the services set forth in the Scope of Services as described in the original contract as well as "Exhibit A" attached hereto and made part of this Amendment No. 3. The Scope of Services may be mutually amended by time to time by both Parties in writing.
56 Amendment No. 3 to Contract No. 2020-15-CC
Willdan Engineering
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Raul F. Salinas, City Attorney
WILLDAN ENGINEERING:
By:
Adel Freij, Director of Engineering
Dated:
I 57
EXHIBIT A
dwiuopx
November 8, 2022
Mr. Art Cervantes, PE
Assistant City Manager/Director of Public Works
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Proposal to Provide Project Management Services Dear Mr. Cervantes:
As requested, Willdan Engineering (Willdan) is pleased to submitthis proposal to provide the City ofSouth Gate with Capital Improvement Program (CIP) project management support services throughJune 30, 2024. Willdan brings to the City of South Gate over five decades of experience and arecord of unmatched services to over 500 public agencies.
As a multidisciplinary firm, we have a full complement of resources under one roof, enabling us toprovide a complete range of services to the City of South Gate. Our firm has over five decades ofexperience providing a wide range of support services to local government agencies throughoutSouthern California and the Western United States, including public works, city engineering, civiland traffic engineering, water/wastewater engineering, structural design, landscape architectural,master planning, building and safety services, assessment district engineering, labor compliance,special funding administration, geotechnical services, and construction management. Because wefocus solely on the needs of the public sector, we have a perspective on public agency issues thatis unique among private consulting firms.
Willdan is pleased to offer Mr. Elias Saikaly, PE with over 30 years of public and private sectorsexperience, to serve as the Project Manager for the City of South Gate. Elias has an extensivebackground and experience in management and administration, general and public works contracts,grants and contract services management.
Mr. Emilio M. Murga, PE will serve as a Project Manager for the City of South Gate. Mr. Murgajoined Willdan in 2001 and has since provided city engineer, project management, contractadministration, supervision of public works inspectors and City staff, coordination of variousagencies and consultants, and city engineering services to the Cities of Hawaiian Gardens, SanBernardino, Lawndale, Covina, and San Marino on an as-needed basis.
Mr. William Galvez, PE with more than 35 years of municipal experience, will serve as the ProjectManager for the City of South Gate. Mr. Galvez' extensive experience includes projectplanning/management, design, construction administration and observation, surveying, and publicrelations for public works projects. He is skilled at managing staff, programs, and CIP projects;developing and administering municipal budgets; performing utility rate studies; preparingengineering and cosUrevenue impact studies; developing infrastructure master plans, anddeveloping financing strategies. He has excellent collaboration skills and is adept at interfacing withlocal and state agencies, as well as experience with presenting to city council, commissions, andcommunity groups. Mr. Galvez has excellent verbal and written communication skills, and he isfluent in Spanish. ssgx+s.axx> I woo,mi.aaa I m: 5W.6W.2120 I iai*i cmm Py North, sum sob, tmairy, cmwtu 91746-344! 1 www.w.eiom 58 November 8, 2022
SCOPE OF WORK
1. 2.
Manage the Capital Improvement Program projects from design to construction completion.
Monitor project's budgets and schedules.
3. Prepare requests for proposals for professional services and negotiate contracts for designand construction management.
4. Monitor contract expenditures and consultant performance. Process invoices.
5. Coordinate with utility companies/agencies and act as City's representative with to ensuretimely relocation of facilities.
6. 7.
Prepare reimbursement requests and invoices to Caltrans and other funding agencies.
Attend meetings with City staff to provide project updates.
8. 9.
10. Represent the City of South Gate at meetings as necessary.
Prepare the necessary staff reports and budget document.
Maintain project files in accordance with the City's format.
11. Provide timely reviews of plans, specifications, and estimates (PS&E).
12. CheckcontractdocumentsforcompliancewithStateandCaltransfundingrequirements,as required.
13. Coordinate with City staff and consultants to have bid notices advertised and posted invarious trade publications and on the City's website.
14. Coordinate responses to bidders' questions and prepare addenda.
15. Coordinate evaluation of bids and review award recommendation of lowest responsive,responsible, qualified bidder from consultant project manager.
16. Review insurance, bonds, and other required documents. '17. DraftCityCouncilstaffreportforawardofconstructioncontractandcoordinateprocessing of the contract agreement with the lowest responsible bidder.
18. Attend pre-construction meetings, as requested by the City.
19. Provide general oversight of contract administration during project construction, includingrecommending solutions when issues arise.
20. Review and recommend approval/disapproval of monthly progress pay estimates.
COMPREHENSIVE.INNOVATIVE.TRUSTED. M
7 59
November 8, 2022
21. ASSiSt with review of contract change orders.
22. Coordinate job walk for preparation of punch list items.
23. Coordinate project closeout activities, including as-builts, staff report, Notice of Completion,release of retention, and warranty walk.
FEE
Willdan proposes to provide the following staff members to serve the City of South Gate:
Elias Saikaly, PE, Project Manager, $'130/Hour
Emilio M. Murga, PE, Project Manager, $130/Hour
William Galvez, PE, Project Manager, $130/Hour
Please indicate the City's approval and authorization to proceed by either printing out and signingtwo originals and returning one hard copy original to our office, or by scanning one signed originaland returning it by e-mail.
Thank you for giving us the opportunity to be of service to the City of South Gate. If you have anyquestions, please contact Mr. Adel Freij at (562) 364-8486 or afreij@,willdan.com.
Respectfully submitted, Approval and Authorization to Proceed By:
WILLDAN ENGINEERING
Adel M. Freij, PE
Dryector - i=rigrni=eruig
CITY OF SOUTH GATE
Signature
Date
Enclosure
910005/WW.00.30/P22-376 23939
COMPREHENSIVE.INNOVATIVE.TRUSTED. M
60 JWlLlpA,N
Elias Saikaly, P.E.
Project Manager
Education
California State llniversity,
Los Angeles
Pasadena City College
Registration
2000, California, C68226
Mr. Elias Saikaly has over 30 years of experience in the public works/engineering field.He has provided project management, CIP management and implementation, contractadministration, construction management, coordination of various agencies andconsultants, and general engineering services to the Cities of South Gate and Lynwood.He assisted the City Engineer and the Director of Public Works on various projects,including implementing and administering the design and construction ofvarious capitalimprovement projects.
Affiliations
American Public Works
Association
28 Years' Experience
Relevant Project Experience
City of South Gate, California. Mr. Saikaly served as a Project Manager on severalmajor construction projects. He has also provided general engineering oversight for CIPimplementation, ADA compliance, prepared City Council staff reports, coordinatedpreparation of plans and specifications, awarding of construction and consultingcontracts, project construction, change orders, projectfunding reimbursement of MeasureR, M, SB-1, performed inspections. His experience at the City of South ate includes thefollowing CIP projects:
Firestone Boulevard Bridge Widening. Responsible for managing a $6,000,000 bridgewidening project. This federally funded project consists of widening the existing bridge onFirestone Boulevard over the Los Angeles River. Responsible to review ContractChange Orders, review and process contractor's progress payments, settle submittedclaims and confer with the City for acceptance, review all inspection reports, performweekly construction meeting with the contractor, construction manager, field inspectorand other effected agencies, monitor project expenditure, apply for reimbursement fromthe State, requested for additional project funding and time extension, project close out,prepare Council report for project acceptance.
Police Department Wellness Center. Managing the construction and the inspection of anew I 000 Square feet structure for the Police Department. The project consisted of Matfoundation for a single-story wood structure. Responsible for reviewing and processingContract Change Orders, contractor's progress payments, prepare inspection reports,perform weekly construction meeting with the contractor, monitor project expenditure,project close out, prepare Council report for project acceptance.
Long Beach Boulevard Improvement Project. This is a $5,000,000 project which hasmultiple funding sources, Measure R, Local Return, Federal and State funds. The projectconsists of pedestrian improvement with new sidewalks, curbs and gutters, curb ramps,In-Pavement crosswalk lighting, flashing beacons, new median islands with droughttolerant landscaping resurfacing of the street with new striping.
Garfield Avenue Complete Street Improvement Project. This is a $3,000,000 projectwhich has multiple funding sources, Measure R, Local Return, Federal and State funds.This project consists of pedestrian improvement with new sidewalks, curbs and gutters,curb ramps, new median islands with drought tolerant landscaping resurfacing of thestreet with new striping.
Firestone Boulevard 1-710 Southbound On Ramp. This $10,000,000 constructionproject is federally funded and it involves the design of a new on ramp and the removal ofthe existing on ramp along Firestone Boulevard over the L.A River. Currently the projectis under design with a consulting firm. The new on ramp will tie in with the existing andnewly constructed bridge. The design should be completed by 2021
61 WWILLpA,f'j
Elias Saikaly, PE
Continued
City of Lynwood, California. As a Senior Public Works Manager with the City ofLynwood, Mr. Saikaly directed and provided administrative and technical oversight ofactivities and operations of the City's Public Works Department in budget preparation,Capital Improvement Program Division, Street Maintenance, Landscape Maintenance,Facilities Maintenance, Fleet Maintenance, Storm Water Management, Recycling andUsed Motor Oil programs. In addition, Mr. Saikaly has completed the followingresponsibilities:
Created and organized a Five-Year CIP plan for City infrastructures.
Administered facility retrofit projects through Energy Conservation Block Grant.
Served as Project Manager for utility and facilities undergrounding constructionproject (Rule 20A).
Lead a team of professionals on a $1 2M design project for New City Hall and CouncilChambers.
Managed compliance activities of storm water including supervision of environmentalprograms.
Review and approve grading plans for private development.
Review parcel maps for easement and accuracy.
Managed City's environmental licensing and inspection program of hazardousmaterials.
Managed day-to-day operations of administrative and special projects. Assisted inthe development and management of an $18,000,000 departmental budget.Experienced in directing engineering design, construction projects and staff in fast-paced, results-oriented environments. Excellent communicator able to elicitoutstanding performance from a diverse array of professionals. Demonstrated trackrecord in developing synergistic relationships to bring projects to completion on timeand under budget. Strong leadership, organizational, and communication skills.
Ensured that all Federal and State regulatory mandates and reporting requirementsare met.
Review proposals from consultants on design projects, prepare staff reports for CityCouncil approval and provide presentations.
Attend regular Council meetings and provide assistance to the Director of PublicWorks.
Served as a Vice President on Los Angeles Regional Agency (LARA) RecyclingProgram.
Served on Technical Board for Reach I and Reach II for NPDES, MS4 permitcompliance.
Attend regular planning Commission meeting, Parking & Business ImprovementDistrict Board.
Prepared reports and attended Traffic, Safety and Parking Commission meetings.
City of Lynwood, California. As a Capital Improvement Project Manager, Mr. Saikalydesigned and constructed a myriad of infrastructure projects including major arterialroads, residential streets, potable water supply lines, street lighting and other projects.Managed $12,000,000 capital improvement and operational budget.
Responsible for the inspection for all construction within the public rights-of-way.
Prepared and coordinated designs, plans, specifications and estimates for all CIPprojects.
62 VWI%,.L!)AN
Elias Saikaly, PE
Continued
Prepared staff reports for City Council for award and acceptance of projects.
Ensured that all Federal and State regulatory mandates and reporting requirementsare met.
Negotiated Contract Change Orders with consultants and contractors and providereports.
City of Lynwood, California. As a Civil Engineering Assistant, Mr. Saikaly served as aresident engineer on a construction of a 35.5-acre City park, designed plans forresidential streets and prepared cost estimates, managed construction of4000 feet stormdrain pipes and catch basins, issue permits to residents and contractors, assistedresidents in complaint resolution, and inspected street construction projects and pavingapplication.
Dokken Engineering, California. As a design engineer, Mr. Saikaly performed thefollowing tasks for the State of California, Department of Transportation:
Designed Freeway interchange, loop ramps, on ramps and exit ramps Developed roadway and bridge superelevation diagram Designed of grading plans and drainage plans
Designed of retaining walls adjacent to the freeway Designed of roadway widening
Established striping plans and traffic detour plans
63 JW13,.;!)AN
Emilio M. Murga, P.E.
Project Manager
Education
California State University,
Northridge
LA Valley Junior College
Registration
1995, California, 54420,
Civil
Mr. Emilio Nl. Murga joined Willdan in 2001 and has since provided city engineer, projectmanagement, contract administration, supervision of public works inspectors and Citystaff, coordination of various agencies and consultants, and city engineering services tothe Cities of West Covina, Hawaiian Gardens, San Bernardino, Lawndale, on an as-needed basis. He has assisted the City Engineer of the Cities of South Gate, BellGardens and Maywood on various projects, including implementing and administering thedesign and construction of various capital improvement projects. Mr. Murga is fluent inthe Spanish language.
Affiliations
American Public Works
Association
American Society of Civil
Engineers
34 Years' Experience
Relevant Project Experience
City of West Covina, California. As City Engineer, oversaw implementation andconstruction of CIP program, including street improvement and resurfacing projects,sewer lift station projects, and electric vehicle charging stations, sidewalk repair projectstraffic signal construction, pedestrian/school route improvements for Senior CenterRenovationproject. Busstopimprovementprojects,coordinationwithCaltransforl-710 freeway improvement project. Coordinated with City maintenance and engineering staffas well as City consultants. Worked on various development projects (52 hoursconstruction project, Chick-fil-A restaurant, Porto's Bakery Restaurant, U-Store-It Facility,various subdivision project). Worked on SB-1 designation of project, maintenance ofeffort, MOE. ADA implementation program, NPDES/LID program, measure W funding,CalRecycle road work, BKK land field, underground district funding and projectdevelopment. Landscape-lighting assessment districts. Public works permit, site planreviews, various traffic/parking related requests, resident requests and complaints.Coordination with mutual improvement projects with surrounding cities.
City of Hawaiian Gardens, California. Mr. Murga served as the City Engineer andprovided general engineering oversight for CIP implementation, site plan anddevelopment reviews, ADA compliance, NPDES coordination, prepared City Councilreports for funding of projects, coordinated preparation of plans and specifications,awarding of construction and consulting contracts, project construction, change orders,Landscaping and Assessment Districts, project funding of Measure R, M, SB-1, TDA,Prop A, Prop C, etc., coordination with METRO, Caltrans, COG, addressed residents'complaints, traffic and curb marking requests, issued Public Works permits, performedinspections, , etc. Worked on the following CIP projects: Carson Street BeautificationProject, $3 million, median islands, landscaping and irrigation, digital entry sign,pedestrian lighting, traffic signal upgrades, sidewalk decorative enhancements, wroughtiron fences at channel crossings, construction of concrete monuments forcommemorative plaques, wheelchair ramp construction, planting of date palms and streettrees, tree lights, decorative equipment wraps, striping, etc. Street Improvement Projects,2 projects, $400,000 each, grind and overlay streets, sidewalk, curb and gutter repairs,wheelchair ramp construction, striping, etc. Skate Park Construction Project, $500,000,demolition of existing obsolete skate park and construction of ney skate park, wroughtiron fencing, landscaping and irrigation, etc. Splash Pad Construction Project, $500,000,demolition of existing obsolete splash pad, construction of recirculating water system,water features, construction of new expanded splash pad, restrooms ADA upgrades,landscaping and irrigation, etc. Shade Structure Construction at Lee Ware Park,$100,000,designbuildtileroofshadestructure,landscaping,irrigation,lighting,etc.
BusStop Improvement, Bus Shelter and Traffic Signal Improvement Project, $450,000,upgrade traffic signals, install bus shelters, construct concrete bus pads, construct ADAcompliant wheelchair ramps, etc.
Page l 7
64 JWILL!,A\N
Emilio M. Murga, PE
Continued
City of San Bernardino, California. Mr. Murga served as the City Engineer andsupervised engineering and inspection staff of 15, provided general engineering oversightof the department, performed development and site plan reviews, coordinated developeroff-site improvements, Public Works permits and inspections, landscape assessmentdistricts and its maintenance operations through contractors, addressed residents'complaints, funding administration, prepared City Council reports, coordinated CIPprogram schedule and funding, etc. Coordinated with SANBAG, Caltrans, SanBernardino County Flood. Worked on the following major projects: Mt. Vernon ViaductProject, $50 million, bridge replacement over BNSF railroad lines and rail yards.Tippecanoe Avenue I-10 Fwy. on/off Ramp Construction, $20 million, construction of newon/off ramps, traffic signal improvements, adjacent streets relocations, etc., E StreetImprovements, $2 million, street improvements and traffic signal improvements inconnection with dedicated street bus lanes. Rail Construction Project, extension of raillines,constructionoftransitcenter,trafficsignalupgrade. UniversityParkwayDivergingDiamond Interchange Project, feasibility studies and preliminary design by City inconjunction with Caltrans. Palm Avenue Rail Grade Separation Project, constructed bySANBAG, City of Lynwood, California. Mr. Murga's extensive publicworks experiencewas gainedduring his tenure with the City of Lynwood, a City with a population of so,ooo, where heserved as the Director of Public Works for 8 years and 4 years as Assistant Director ofPublic Works. He also held the positions of Assistant and Associate Civil Engineer for 6years while with that City. Mr. Murga was employed with City of Lynwood for twotenures. First tenure, From September 1980 to April 1998. Second tenure, May 2013 toNovember 20M. Retired from City of Lynwood November 2014.
As Lynwood's Assistant Director and Director of Public Works, Mr. Murga was in chargeof engineering, water, sewer, traffic signals and street lighting, city garage, parkmaintenance, building maintenance, street maintenance, and MIS divisions, andimplementation of capital improvement projects. Specific responsibilities included:
Supervision of the engineering division which included development plans,grading plans, parcel map checks, and public works permit function, complaints,public counter, etc.
Design and construction of street improvements and landscaped medians.
Design and construction of traffic signals and street lighting systems.
Design and construction of various buildings city buildings and facilities andupgrade projects.
Budget preparation, reports to the City Council, attendance at City Councilmeetings.
Supervision of Traffic and Parking Commission.
Coordination of various redevelopment projects with Community DevelopmentDepartment.
Application and implementation of various State and other grants.
Supervision of Public Works assistance youth training program.
Implementation of $1.2 million energy retrofit and reduction loan program.
Preparation of Street Lighting and Landscape Assessment districts.
Monitoring expenditures of funds, i.e., ISTEA, Gas Tax, Prop A and C, SB821,CDBG, etc.
Implementation of tree planting and maintenance program.
Coordination with Alameda Corridor project during study and design phases.
Coordination of permit process for design and construction of oil pipeline throughthe City.
i5= 65
vwl!4=1;
Emilio M. Murga, PE
Continued
Coordination with Lynwood School District during design and construction of newhigh school and other school district projects.
Supervision ofvariouswatersystem projects and implementation ofwaterqualityimprovement projects.
City of South Gate, California. As Assistant City Engineer, in charge of the EngineeringDivision, CIP program and a staff of eight engineers, support staff and public worksinspector. Responsible for implementation of $40 million CIP program, preparation ofRFPs for consultant selection for design, construction engineering and inspection.Overseeing the preparation of designs by consultants and staff. Preparation of CityCouncil reports, resolutions and ordinances, coordination with the City Attorney's office.Preparation of site plan reviews, parcel maps and development conditions. Subdivisionprocess, attend Planning Commission meetings to explain and answer questionsregarding public works conditions. Oversee the issuance of public works conditions andpermits, inspection of private, utility and public improvements. Oversee the City'sNPDES program, coordinate with City's NPDES consultant. Prepare and coordinateapplications by staff and consultants of various Federal and State grants (Call forProjects, EDA, HSIP, etc.). Oversee department's budget, prepare CIP annual budget,preparemulti-yearCIPprogram. ProvideassistanceonengineeringmatterstootherCity Departments. Prepare employee evaluations and address personnel issues, interviewand hire employee replacements. Prepare annual Street Lighting and LandscapeAssessmentDistrict. Updateannualpublicworksfeeschedule. ReviewEIR/EISforthe1-7'lO Fwy. Project. Review various traffic and residents' complaints and request,proposed solutions and recommendations. Coordinate with Caltrans, Metro, LACDPW,Los Angeles County Sanitation District, UPRR, Central Basin Water District, etc.Presently working on the following CIP projects: Firestone Boulevard/Atlantic AvenueProject, $8 million; Firestone Boulevard/1-710 Fwy. Bridge Widening, $14 million; Waterand Sewerlmprovements Project, $5 million; Safe Routeto School, Cycles 1, 2, 8 and 9;$3 million; Park Improvements Project, $4 million; Firestone Beautification Project, $15million; LED Street Lighting Conversion Project, $3 million; Traffic Signal ImprovementProject, $2 million, etc.
City of Inglewood, California. As Principal Civil Engineer, from August 2009 to February2C)12, supervising the Public Works Department's Engineering Division, provide CIPprogram implementation, contract administration, preparation of plans, specs and costestimates, preparation of RFP, consultant selection, contract administration andoversight. Supervise development operations, public works permits, inspections, siteplan reviews, subdivision process, coordination with Community DevelopmentDepartment. Investigate/answer City Council, resident requests, prepare City Councilreports. Major projects underway Century Boulevard ($3,000,000), La Brea Avenue($7,000,000), Imperial Hwy. ($3,000,000), Crenshaw/LAX Light Rail, etc. Providecoordination Hollywood Park Develop. Project (3,000 dwelling, commercial developmentproject) for public improvements. Train staff in engineering and public works duties.Prepare and oversee Division's annual budget and CIP budget. Coordinate Federal,State and Local grants/funding for CIP's. Coordinate with Caltrans, LADPW, Metro.Provide tech. support to other divisions and departments.
Engineering Senices, City of Lawndale, California. City Engineer. Mr. Murga servedas City Engineer and acting Director of Public Works during the Director's absence. Theassignment involved implementing capital improvement projects, issuing Request forProposals (RFPs) for various consultant services, supervising public works inspections,implementing CDBG projects, supervising the Department of Public Works, handling theTraffic Committee, attending City Council meetings, City Manager's staff meeting,managing department budget, and expenditures, coordinating with other Citydepartments, coordinating development, public works improvements, addressing citizenscomplaints, implementing NPDES procedures, etc. Mr. Murga currently serves the Cityas Project Manager for the City's Capital Improvement Program.
66 Edwin "William" Galvez, PE
Project Manager
VW%2514
Education
MPA, Public Administration,
California State University,
Northridge
BS, Civil Engineering,
California State University,
Los Angeles
Certifications
Professional Civil Engineer,
California, CO51505
35 Years' Experience
Mr. Edwin "William" Galvez, P.E., possesses 35 years of experience in municipal civilengineering and public works. Mr. Galvez extensive experience includes projectplanning/management, design, construction administration and observation, surveying,and public relations for public works projects. He is skilled at managing staff, programs,and CIP projects; developing and administering municipal budgets performing utility ratestudies; preparing engineering and cost/revenue impact studies; developing infrastructure master plans, and developing financing strategies. He has excellent collaboration skillsand is adept at interfacing with local and state agencies, as well as experience withpresenting to city council, commissions, and community groups. Mr. Galvez is fluent inSpanish.
Relevant Project Experience
City of 8anta Ana, California. City Engineer, 2012-202'l. Responsible for long-termfinancing, improvement, and maintenance of the City's infrastructure, and the delivery ofpublic service programs. Managed the engineering department operations to ensure continuous quality services delivery. Administered a $50 million CIP program andtechnical staff of 60. Provided oversight to teams responsible for conceptualdevelopment, environmental studies, design, construction, and operation ofcapital work.Represented the City in civic and media events.
City of Baldwin Park, California. City Engineer, 2006-2012. Department executiveresponsible for financing and maintenance of City's infrastructure and delivery of projectsand programs in alignment with the City Council's vision. Developed and administered an annual $12 million operating and capital budget, and supervised a staff of 31.Responsible for design, construction and field services including streets and parksmaintenance. Represented the City in civic and media events.
City of South Pasadena, California. City Engineer, 2004-2006. Administered theCity's infrastructure, including water and sewer utility systems and field services programs. Provided oversight to a $14 million public works budget and a staff of 29employees. Represented the City in commissions and community events.
City of San Fernando, California. Assistant Public Works Director, 1999-2004.Managed the City's streets, water, and sewer systems infrastructure and a full services staff of 43. Administered a $"lO million capital project and program.Represented the City in civic events.
CityofSanFernando,California. SeniorCivilEngineer,1995'1999. Responsiblefor design and construction of capital projects and management of land development andpermitting activities. Supervised engineering staff and consultants.
Pagel 10
67 Attachment B
Amendment No, 2
Contract No. 2020-15-CC
AMENDMENT N0. 2 TO CONTRACT NO.
2020-15-CC FOR AS NEEDE,D ENGINEERJNG SERVICES WITH
WILLDAN ENGINEERING
This Amendment No,2 to Contract No. 2020-15-CC for As Needed Engineering Services("AmendmentNo. 2"), is made and entered into onMarch 8, 2022, by and between the City ofSouth Gate, a municipal corporation ("City"), and WilIdanEngineeringly a California cotporatiotr("Consultant"). City and Contractor are sometimes hereinafter indiyidually refettedto as a "Party"and collectively as "Paities."
RECIT ALS
WHF,RF,AS, on February 25, 2020, the City Council approved Contract No.2020-15-CCwithConsultant ("Agreement") forAsNeededEngineeringServices foratwo-year term throughand including February 25, 2022, in the amount of Four I-Iundred Eighty Thousand Dollars($480,000); WHEREAS, on January 11, 2022, the City Council approved Ainendmerit No, l toContractNo.2020-15-CC with Consultant ("Agreement") for project management services on amonth-to-month basis, for up to eight months term through and including August 15, 2022, inthe amount of Three Hundted and Eighty-Three Thousand Five Hundred and Twenty Dollars($383,520); and WHEREAS, the City and Consultant desire to execute Amendment No. 2 extending theterin of the Agreement retroactively effective from Febtuary 26, 2022 to June 30, 2023, underwhicli the total amount of compensation to be paid by the City to the Consultant shall be basedonthe services provided atthe agreed upon hourly rates identified inExhibit "A" ofAmendmentNo, 1 and, under the terms and conditions of the Agreement.
NOW, THEREFORF,, 'n-IE PARTIES HEREBY AGREE AS POLLOWS:
1, MODIFICATION TO AGREEMENT
a. TERM OF AGREEMENT. The term of the Agreement shall be extendedretroactively effective from February 26, 2022 through and including June 30,2023, unless otherwise expressly extended and agreed to by both Patties in writingor terminated by either Party as provided in the Agreement. b, SCOPE OF WORK AND COAa'ENSATION. The scope of work and theamount of compensation to be paid by City to Consultant shall be in accordancewith Bxhibit "A" of Agreement 2020-15-CC.
2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other termsand conditions of Agreement shall remain in full force and effect. Without limitingthe generality of the foregoing, Agreement shall remain unchanged during the term
68 Amendment No. 2
Contract No. 2mO-1
of Agreement as extended by Section l above. Firtliermore, City reserves the right to augment or reduce the scope of work as City deems necessary. [N WITNESS WHEREOF, tbe Parties hereto have caused this Amendment No. 2 to beexecuted and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE;
A} Rios, Mayor
ATTEST;
Chris JefferB City Clerk
VEtl AS TO FORM:
By:
F. Salinas, City Attorney
W}LLDAN F,NGINNERING:,
Adel Freij, Director of E
69 Attachment C
Atnendment No. I
Contmct No. 2020-15-CC
AMENDMkm l' NO. l TO CONTRACT N0. 2020-15-CC
FOR PROJECT MANAGEMENT SERVICES , IN ADDITION TO AS- NEEDED
PROFESSIONAL ENGINEERING SERVICES
fflTH WILLDAN kNGlNkKRING.
This Amendment No. l to Contract No. 2020-1 5-CC for project management zrvices, inaddition to as-needed professional engineering services ("Amendment No. l"), is made andentered into on December 14, 2021, by and between the City of South Gate, a municipalcorporation ("City"), and Willdan Engineering., a Califomia corporation ("Contractor"). City andContractor are sometimes hereinafter individually referred to as a "Party" and collectively as"Parties." RECIT ALS:
WHEREAS, on Febniary 25, 2020, the City Council approved Contract No. 2020-15-CCwith Contractor ("Agreement") for as needed professional engineeffig services for a two-yearterm through and including Febiary 25, 2022 in the amount of Two Hundred and FortyThousand Dollars ($240,000); and WHEREAS, the City and Contractor desire to execute Amendment No- 1 extending theterm ofthe Agreement on a month to month basis, firom February 25, 2022 throughand including August 15, 2022, with project mansBrment services beginning on December 15, 2021, in anamount not to exceed Three Hundred and Eighty Three Thousand Five Hundred and TwentyDollars ($383,520), for the addition of project management services identified in Exhibit "A"attached hereto, with the option by the City to add or remove projects, under the terms andconditiom of the Agreement, bmging the aggregate total ofthe Agreement, and Amendment No.l to a total sum of Six Hundred and Twenty Three Thousand Five Hundred and Tvtenty Dollats,520).
OW, T'ffFa'F(a', THE PARTIES HEREBY AGREE AS FOLLOWS:
TERM OF ACREFMF,NT
The term of the Agreement shall be extended on a month-to-month basis, from Febniary25, 2022, through and including August 15, 2022, unless otherwise expressly extendedand agreed to by both Parties in miting or terminated by either Party as provided in theAgreement.
COMPENSA'nON.
The amount of compensation paid by City to Contractor for the work identified in Exhibit"A" shall not exceed Three Hundred and Eighty Three Thousand Five Hundred andTwenty Dollars ($383,520).
3. I
j
EFFECT OF AMkNilMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement
20 70
Amendment No, l
Contact No. 2(m)-1S € C
shallremaininfullforceandeffect WThoutlimitingthegeneralityoftheforegoing, Agreement shall remain unchanged dumg the term of Agreement as extended by Sedionlabove. Furthermore,Cityreservestherighttoau@nentorreducethescope ofwork as City deemsnecessmy-
IN WITNHiSS WHEREOF, k Parties hereto mve caused t's Atnendment No. 1 to bemecuted and attested by theirrespective officemhereunto duly authorized.
Cr['Y OF SOUTH GATE:
Al Rios, Mayor
Dated:VJJ2dZ
ATTEST:
BY:
Carmen Avalos,
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
WILLDA!SJ ENGINEERING:
Adel Freij,
Director of City Engineering
2( 71
VWILLDAN
December 3, 2021
Mr. Art Cervantes, P.E
Assistant City Manager/Director of Public Works
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Proposal to Provide Staff Augmentation Services Dear Mr. Cervantes:
As requested, Willdan Engineering (Willdan) is pleased to submit this proposal to providethe City of South Gate with Capital Improvement Program project management servicesand other related services. \/Villdan brings to the City of South Gate over five decades ofexperience and a record of unmatched services to over 500 public agencies.
As a multidisciplinary firm, we have a full complement of resources under one roof,enablingustoprovideacompleterangeofservicestotheCityofSouthGate.
Ourfirmhasover five decades of experience providing a wide range of support services to localgovernment agencies throughout Southern California and the Western United States,including public works, city engineering, civil and traffic engineering, water/wastewaterengineering, structural design, landscape architectural, master planning, building andsafety services, assessment district engineering, labor compliance, special fundingadministration, geotechnical services, and construction management. Because we focussolely on the needs of the public sector, we have a perspective on public agency issuesthat is unique among private consulting firms.
Willdan is pleased to offer Mr. Elias Saikaly, PE with over 30 years of public and privatesectorsexperience,toserveastheProjectManagerfortheCityofSouthGate.
Eliashasan extensive background and experience in management and administration, general andpublic works contracts, grants and contract services management.
Mr. Emilio M. Murga, PE will serve as a Project Manager for the City of South Gate. Mr.Murga joined Willdan in 200'l and has since provided city engineer, project management,contract administration, supervision of public works inspectors and City staff, coordinationofvarious agencies and consultants, and cityengineering servicesto the Cities of HawaiianGardens, San Bernardino, Lawndale, Covina, and San Marino on an as-needed basis. !14.' X>) Il:aCc } OCt) .ltP) u0 l I lu V.'? ti') 5 .' I )0 i l i 19 i Cma.'.l .xll! I P 8k .S .ty let. l- It, Qljl.l 11: 5, 111.:-=tt, C.Jlll:tll.} fil ? its ,l i I 1 I V,% IV .% lid Vl r (411 22- 72
Attachment DM
Contract No. 2020-15-CC
AGREEMENT FOR AS-NEEDErJ PR(ltl'ESSR)rSIAL ENGINEERING SERVICESBETWEEN THE CITY OF SOUTH GATE AND WILLDAN F,NGINEERING This Agreement for Professional Engineering Services ("Agreement") is made and entered into on February 25, 2020, by and between the City of South Gate, a Municipal corporation, ("City"), arid Willdan Engineering, a California Corporation ("Consultant").The City and Consultant are sometimes hereinafter individually referred to as a "Pany" and collectively as "Parties."
RECITALS
WHF,REAS, City desires to engage Consultant to perform certatn technical and professional engineering services, as pmvided herein, in connection with that certain project identified as: AS-NEEDED PROFESSIONAL F,NGJNEERING SERVICES; WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the As-Needed Professional Engineering Services under this Agreement; and WHEREAS, based on such representation, City desires to contract with Consukant to perform As-Needed Professional Engineering Services described in the Proposal attached hereto as Exhibit "A."
NOW, luiiayiiuiui, uJE PARTIES HEREBY 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 itsprincipal office at 8650 Caltfomia Avenue, South Gate, California90280.
B. Consultant: Willdan Engineering
13191 Crossroads Parkway North, Suite 405Industry, CA 91746-3443
2. REPRESF,NT ATIVES OF THE PARTIES AND SERVICE OF NOTI(JS.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.
Assistant City Manager / Director of Public Works 73 Contract No. 2020-15-CC
Public Works Department
City of South Gate
8650 California Avenue
South Gate, CA 90280
B. The principal representative of the Consultant shatl be:
Adel M. Freij, P.E.
Willdan Engineering
13191 Crossroads Parkway North, Suite 405Industry, CA 91 746-3443 C. Formal notices, demands and communications to be given hereunder by eitherparty shall be made in writing and may be affected by personal delivery or bymail.
D. If the name of the principal representative designated to receive the notices,demands or communications, or the address of such person, is changed, writtennotice shall be given within five (5) working days of said change.
SCOPE OF WORK.
The City hereby engages Consultant, and the Consultant accepts such engagement, toperform the As-Needed Professional Engineering Services ("Work") identified on Exhibit"A" hereto. The )ocations at which such Work is to be performed ("City Facilities") arealso identified on Exhibit "A" hereto. The Work shall include all the terms andconditions of Consultant's proposal dated August 29, 2019 ("Proposal"), which shall beattached as part of Exhibit "A" and which is incorporated herein by this reference;provided, however, that to the extent the Proposa) conflicts with anything else in thisAgreement, the terms of this Agreement shall control.
DATA PROVlj)j4D 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 timelyperformance of the work described in Exhibit "A".
INDF,PENDENT CONSULTANT.
This Agreement is by and between City and Consultant and is not intended, nor shall it beconstrued, to create the relationship of agency, servant, employee, partnership, jointventure or association, as between City and Consultant.
A. Consultant shall be an independent contractor and shall have no power to incur anydebt or obiigation for or on behalf of City. Neither City nor any of its officers oremployees shall have any control over the conduct of Consultant, or any ofConsultant's employees, except as herein set forth, and Consultant expressly warrantsnot to, at any time or in any manner represent that it, or any of its agents, senants oremployees, are in any manner employees of City, it being directly understood that H 74
Contract No. 2020-15-CC
Consultant is and shall at all times remain to City a wholly independent contractorand Consultant's obligations to City are solely such as are prescribed by thisAgreement.
INDEMNIFICA'nON OF CALPERS DETERMINATION.In the event that Engineer or any employee, agent, or subcontractor of Engineerproviding services under the Agreement claims or is determined by a court of competentjurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of theCity, Engineer shall indemnify, defend, and hold harmless City for the payment of anyemployee and/or employer contributions for CalPERS benefits on behalf of Engineer orits emp)oyees, agents, or subcontractors, as well as for the payment of any penalties andinterest on such contributions, which would othemise be the responsibility of City.
CONSULTANT'S PERSONNEL.
A. A)I services required under this Agreement wil) be perfaormed by Consultant, orunder Consultant's direct supervision, and all personnel shall possess thequalifications, permits and licenses required by State and local law to perf'ormsuch services, including, without limitation, a City of South Gate business licenseas required by the South Gate Municipal Code.
B. Consultant shall be solely responsible for the satisfactory work perfomiance of allpersonnel engaged in performing services required by this Agreement, andcompliance with all reasonable performance standards established by City.
C. Consultant shall be responsible for payment of all employees' and subcontractor'swages and benefits, and shall comply with all requirements pertaining toemployer's Jiability, workers' compensation, unemployment insurance, and SocialSecurity.
D. Consultant shall indemnify and hold harmless the City and all other relatedentities, officers, employees, and representatives, from any liability, damages,claims, costs and expenses of any riature arising from alleged violations ofpersonnel practices, or of any acts or omissions by Consultant in connection withthe work performed arising from this Agreement.
COMPENSATION.
A. The total amount of this Agreement shall not exceed the sum of Two HundredForty Thousand Dollars ($240,000). City shail pay Consultant for its professionalservices rendered and reasonable costs incuned pursuant to this Agreement. Noadditionai compensation shall be paid for any other expenses incurred unless firstapproved by the City Manager. As explained in more detail in Section 8.C below,Consultant's fees and charges for the work and senrices performed shall in noevent exceed those set forth in Exhibit "A" attached hereto and made a parthereof, Notwithstanding anything to the contrary in the proposal, invoices will be 75 Contract No. 2020-15-CC
processed for payment and paid subject to approval by Director of Public Worksand City Council within forty-five (45) days from date of receipt by Director ofPublic Works.
Consultant shall be required to attend meetings as necessary in the delivery of theprojects. Travel time between the Consultant's office and the meeting ocationshall not be billable; however, mileage will be. Consultant may request anexemption on a case by case basis, which shall be subject to City approval.
Consultant acknowledges that it is one of three engineering firms engaged by theCity to perform such services. The City does not know how much of the annualwork will be assigned to Consultant and how much will be assigned to the otherfirms. Consultant acknow]edges that the City has not guaranteed to assign anyamount (minimum or otherwise) of that work to Consultant, and Consultantacknowledges that its annual compensation hereunder may be significantly lessthan the "not to exceed" sum set forth in Section 8, above, To help monitor the City's budget Consultant shall notify the City, in writing,within 2 business days whenever Consultant's approved budget reaches 75% ofthe total project budget. For example, if the City awards Consultant a projectbudget of $40,000, Consultant shall notify the City, in writing, when said budgethas reached $30,000.
INDEMNITY AND INSURANCE.
A. Consultant agrees to indemnify, hold harmless and defend the City, itsofficers and employees, from and against any and all claims, losses, obligations,or liabilities whatsoever incurred in or in any manner arising out of or related toConsultant's negligent or willful acts, errors or omissions, or those of itsemployees or agents. Consultant will deliver to City a certificate of insuranceevidencing professional liability insurance coverage in an amount not less than$1,000,000.
B. (l) The Consultant, at its expense, shal) maintain in effect at all timesduring the performance of work under this Agreement not less than the followingcoverage 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 theState of California. (a) Workers' Compensation and Employer's Liability
Workers' Compensation-coverage as required by law.
Employer's Liability-]imits of at least $1,000,000 per occurrence. 76 Contract No. 2020-15-CC
(b) Comprehensive General Liability
Combined Single Limit-$1,000,000,
The automobile and comprehensive general )iabi)ity policies maybe combined in a sing)e policy with a combined single limit of$1,000,000. AJI of the Consultant's policies shall contain anendorsement providing that written notice shall be given to City atleast thirty (30) calendar days prior to termination, cancellation orreduction of coverage in the policy. (2) Poiicies providing for bodily injury and property damage coverageshall contain the following:
(a) An endorsement extending coverage to City as anadditional 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 beprimary insurance as respects the interest of City, and anyother insurance maintained by City shall be considered excess coverage and not contributing insurance with theinsurance required hereunder, (b) "Severability of €nterest" clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies tothe liabi]ity assumed by Consultant under the Agreement, including without limitation that set forth in Section 10,A, (3) Promptly on execution of this Agreement and prior tocommencement of any work Consultant shall deliver to City copiesof all required policies and endorsements to the required policies. (4) The requirements as to the types and limits of insurance to bemaintained by the Consultant are not intended to and shal not inany manner limit or qualify Consultant's liabilities and obligationsunder this Agreement. (5) Any policy or policies of insurance that Consultant elects to carryas insurance against loss or damage to its equipment and tools orother personal property used in the performance of this Agreementshall include a provision waiving the insurer's right of subrogationagainst the City.
10. TERMINATION FOR CONVENIENCE
The City may terminate this Agreement at any time without cause by giving 2? 77
Contract No. 2020-15-CC
fifteen (15) days written notice to Consultant of such termination and specifyingthe effective date thereof. In that event, a)) finished or unfinished documents andother materials shal), at the option of City, become its property. If this Agreementis terminated by City as provided herein, Consultant will be paid a total amountequal to its costs as of the termination date, plus ten percent (10oA) of that amountfor profit. }n no event shall the amount payable upon termination exceed the totalmaximum compensation provided for in this Agreement.
TERM[NA"nON FOR CAUSE.
A. The City may, by written notice to Consultant, terminate the whole or anypart of this Agreement in any of the following circumstances:
(l) If Consu)tant fails to perform the services required by thisAgreement 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 ineither of these circumstances does not correct such failure within aperiod of ten (10) days (or such longer period as City mayauthorize in writing) after receipt of notice from City specifying such failure,
B. In the event City terminates this Agreement in whoe or in part asprovided above in paragraph A of this Section 10, City may procure, uponsuch terms and in such manner as it may deem appropriate, senticessimilar to those terminated, C. If this Agreement is terminated as pmvided above in paragraph A, Citymay require Consu]tant to provide all finished or unfinished documents,data, studies, drawings, maps, photographs, reports, etc., prepared byConsultant. Upon such termination, Consultant shall be paid an amountequal to the value of the work performed, In ascertaining the value of thework performed up to the date of teimination, consideration shall be givento both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or inpossession of Consultant, and to authorized reimbursement expenses, D. If, affer notice of termination of the Agreement under the provisions ofthis Section 10, it is determined, for any reason, that Consultant was not indefault, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had beenissued pursuant to Section 9. ff 78
Contract No. 2020-15-CC
12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
A. In the performance of this Agreement, Consultant shall not discriminate against anyemployee, subcontractor, or applicant for employment because of race, creed, gender,gender identity (including gender expression), color, religion, ancestry, sexualorientation, national origin, disability, age, marital status, family/parental status, orveteran/military status, in the performance of its services and duties pursuant to thisAgreement and will comply with all applicable laws, ordinances and codes of theFederal, State, and County and City governments. Consultant will take affirmative actionto ensure that subcontractors and applicants are employed, and that employees are treatedduring employment without regard to their race, color, religion, ancestry, sec, nationalorigin, handicap or age. Consu]tant will take affirmative action to ensure that allemployment practices, includirig those of any subcontractors retained by Consultant toperfomi services under this Agreement, are free from such discrimination. Suchemploymem practices include but are not limited to hiring, upgrading, demotion, transfer,recniitment, recniitment advertising, ayoff, termination, rates of pay or other forms ofcompensation, and selection for training, including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations oradvertisements placed by or on behalf of Consultant for personnel to perform anyservices under this Agreement. City shall have access to all documents, data and recordsof Consultant and its subcontractors for purposes of determining compliance with theequal employment opportunity and non-discrimination provisions of this Section, and allapplicable provisions of Executive Order No. 12246 which is incorporated herein by thisreference. A copy of Executive Order No. 11246 is available for inspection and on filewith the Public Works Department.
13. CONSULT ANT'S WARRANTIES AND REPRESENT ATIONS.
Consultant warrants and represents to the City as follows:
A, Consultant has not employed or retained any person or entity, other than a bona fideemployee 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, gifIor any other consideration contingent upon or resulting from the execution of thisAgreement. Upon such breach or violation of this warranty, the City shall have theright, in its sole discretion, to terminate this Agreement without further liability, or, inthe alternative, to deduct from any sums payable hereunder the full amount or valueof any such fee, commission, percentage or gifi.
C. Consultant has no knowledge that any officer or employee of the City has anyinterest, whether contractual, non-contractual, financial, proprietary, or otherwise, inthis transaction or in the business of Contractor, and that if any such interest comes tothe knowledge of Consultant at any time, a complete written disclosure of suchinterest will be made to the City, even if such interest would not be deemed aprohibited "conflict of interest" under applicable laws. 2'7 79
Contract No. 2020-15-CC
D, Upon 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 perfomiance of Work required by this Agreement, nor shall any such interest beacquired during the Term of this Agreement.
14. suuculNiRAL:'rJNG,DELEGATIONANDASSIGNMENT
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; provided, however, that claims for money due or to become due to Consultant from City under this Agreement may be assigned to a bank, hust 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, de)egee or subcontractor shall include the following:
(1) The amount involved, together with Consultant's analysis of such cost or prtce.
(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, delegee 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. OWNER91'JIPUFUOUUMENTS.
All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by Consultant in the course of perf'orming the work required by this Agreement shali be the property of the City. Basic survey notes, sketches, chans, computations andsimilar data prepared or obtained by Consultant underthis Agreement shall, upon request,be made available to City without restriction or limitation on their use. 16, ENTIREAGREEMENTANDAMENDMENTS.
A, This Agreement supersedes alJ prior proposals, agreements, and understandings 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 nature, extent or duration of the work to be performed by Consultant hereunder, 30 80
Contr'act No. 2020-15-CC
shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
C. Consultant acknowiedges and agrees that it has consulted with an attorney, or has knowingly foregone the oppoitunity to do so and executes this Agreement knowingly and voluntarily.
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 commencement 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. SEVF.,RABIIJTY.
If any provision of this 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. EXHJBITS.
The following exhibit to which reference is made in this Agreement is deemed incorporated herein in their entirety:
Exhibit "A" Proposal dated August 29, 2019
20, GOVERffiNG LAW.
This Agreement shall be governed by the ]aws of the State of Califomia.
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 on February 25, 2022 unless teiminated otherwise in accordance with the terms of this agreement.
[Remainder of page lefi blank intentional)y]
J/ 81
Contract No. 2020-15-CC
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
M. Bel6n Bemal, Mayor
Dated:
37(o{zo
ATTF,ST:
Carmen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
WILLDAN EN(aNEERJNG:
BY:
Adel M. Freii. P.Ei
Dated: hexvcAx 91 2bzb
J;,- 82
W'WILLDAN
August 29, 2019
Mr. Cllnt Herrera, PE
City Engineer
City of South Gate
8650 Califomia Avenue
South Gate, CA 90280-3075
Subject: Statement of Qualifications for/'.a ?kJaJ r'iJobbiuiial Engineering Services Dear Mr. Herrera:
Willdan Engineering is pleased to submit this Statement of Qualifications (SOQ) to the City ofSouth Gate to provide as-needed professlonal engineering services. As a multidisciplinaryfirm, we have a full complement of resources under one mof, enabling us to provide a completerange of services to the City of South Gate. Willdan has assembled a team of highly qualifiedand deeply uapaiiviibuJ :!iJiVldljal8 WhO are AJ117 committed tO ttN3 successful completion ofimk5iiiiitsulb uiiJerthi8 COn'kaC.
Our firm has over five decades of experlenoe pmviding a wide range of support services tolocal govemment agencies thmughout Southem California and the Westem United States,including design engineering and eiibliilvtlvi*, construction management, inspection,gbultsGlil'iiCal and material testing, staffaugmentation, surveying, special funding administrationand grant writing, plan check, right-of-way acquisition, assessment district engineering, andtraffic engineering and transportation services. Because we focus solely on the needs of thepublic sedor, we have a perspective on public agency issues that is unique among privateconsulting firms.
We believe there are several reasons why Willdan is uniquely qualified to undertake thisimportant assignment for the City of South Gate:
Kiiuwladg* of the City-Willdan's knowledge ofthe City of South Gate and our experiencein providing a wide range of services to the City wlll enable us to initiate work quickly andto respond appropriately to issues that arise during the course of this contract. We currentlyprovide general engineering and staff augmentation services to the City of South Gate. Forthis reason, we have an established working relationship with City staff and a familiaritywithCity pmcedures and requirements. 554 - Year Track Record - Willdan has extensive experience providing a complete rangeof engineering services to local agencies on an 'as-needed" basis and for specific projects,The firm's capabilities encompass streets and highways, drainage, water/wastewater,signafs, traffic programs, bridges and strudures, airports, landscaping, and mapping. Weprovide professional services in all phases of project development, including site analysisand conceptual development; preliminary and final design; and constructioii iiiaiiaHoiikai'iland inspection. Our services also include environmental planning and facility financing, andwe employ blate of tho art computer-aided design. We have direct experience with county,state, and federal processes, regulaUons, and requirements. a .a ":il.'.i" cot"t
33 83
City of South Gate
August29,2019
Close Proximity to the Clty - Willdan's Los Angeles office is just 15 miles from the City of South Gate.
Extensive Resources - Willdan's over 1,280 employees are available to meet the City's current needs and to provide a quick response in times of heavy workloads, emergencies, and disasters, such as earthquakes and flooding.
Experienced Staff-Willdan's comprehensive engineering, construction management, and staff augmentatlon services take projects fmm inception to completion. We will assign appropnatelytrainedandhighlyqualifiedindivldualstoeachpmjed. Ourstaffhasextensive experienm in providing pmfessional services for a large facet of engineering disciplines, which we pmvide in-house to our clients, Public contact positions will be generally filled with staff members who are bilingual in English and Spanish.
Grant Writing amJ Mdltadbmdiit Willdan has assisted in obtaining outside funding totaling over $98 million for our client cities over the past 10 years.
We very much appreciate this opportunity to submit our SOQ to the City of South Gate and look forwam to working with you. This SOQ is valld for a period of one-hundred and twenty (120) calendar days. This SOQ is submitted by Willdan Engineering's Los Angeles (Clty of Industry) Regional office. Our address and telephone number is: 13191 Crossmads Parkway North, Suite 405, Industry, Califomia 91 746-3497, (562) 908-6200. Mr. William C. Pagett, PE, is the Senior Vice President and will have overall responsibility as Principal-in-Charge for the services provided to the City of South Gate.
If you have any questions, please contact Mr. Bill Pagett at (562) 368-4850 or e-mail bpaqett@,willd@4,ggm, or Mr. Adel Freij, PE, Deputy Director at (562) 364-8486 or e-mail [email protected].
Respectfully submitted,
WILLDAN ENGINEERING
ep.,-u- --
William C. Pagett, PE Adel M. Freij, PE
910005106-l30lS19-251 17534
COMPREHENSIVE. INNOVATl\/E 7r;'USTED.
84 ClflANA8ER'SOFFICE Item No. 5
DEC U5 2022
ol==v C'Uy of South Gate
CITY COUNCIL
AG-ENIDA UJ[LL
Department Head:
For the ar Meeting of: December 13, 2022
ent: Public Works
Ciffl Manager:
o Cervante Chris Je ers
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2888 WITH THE CITY OF
DOWNEY FOR TRAFFIC SIGNAL MAINTENANCE ON THE INTERSECTION OF
PARAMOUNT BOUELV ARD AND GARDENDALE STREET
PURPOSE: The City of Downey maintains the traffic signal at the Paramount Blvd and Gardendale intersection which is partially owned by the City of South Gate. It is necessary to amend Contract No. 2888 with the City of Downey to extend the agreement an additional five years expiring on November 14, 2027.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 2888 with the City of Downey to extend the term of the current agreement five years for an amount of $1,120 annually for routine maintenance and energy costs; and
b. Authorizing the City Manager to execute Amendment No. 2 in a form acceptable to the City Attorney.
FISC AL IMPACT: There is no impact to the General Fund. Amendment No. 2 is in the amount of $5,600 for five years of service. It will be funded with $560 in Measure R funds and $560 in Gas Tax funds budgeted in Account No. 212-713-31-6101 (Gas Tax) and 224-780-31- 6101 (Measure R).
ANALYSIS: The City owns traffic signal systems in intersections that are located in more than one jurisdiction such as cities of Downey, Lynwood, Huntington Park, and Paramount, as well as Caltrans, and Los Angeles County. The City has entered into maintenance agreements with these government agencies to maintain the traffic signals through one agency. This approach provides for shared and efficient services. The City of Downey currently maintains traffic signal located at the Paramount Blvd and Gardendale intersection which is partially owned by the cities of South Gate and Downey under Contract No. 2888 which ended on November 14, 2022. Staff is recommending Amendment No. 2 to extend the agreement five years.
BACKGROUND: The Public Works Department is responsible for the maintenance of all traffic signals within the City's jurisdiction. Some intersections, however, are shared with other jurisdictions. The intersection of Paramount Boulevard and Gardendale Street is shared in a 50- 1 85
50 split with the City of Downey. The City of Downey has historically provided traffic signal maintenance for this intersection with the City of South Gate paying its share.
In 2012 the City entered into an agreement with the City of Downey for maintenance of the intersection and to pay half of the energy costs at the shared intersection. The maintenance work includes, inspection, testing, timing of traffic signal controller/cabinet, cleaning and replacing cabinet filters, cabinet cleaning, replacing, cleaning and polishing all lenses and reflectors, cleaning relays, flashers, time switches and any other electrical components, checking wiring and splices for proper connections, alignment of heads, pedestrian push buttons, vehicle detectors, proper operation, etc.
On November 28, 2017, the City Council approved Amendment No. l with the City of Downey which extended the expiration date of the agreement to November 14, 2022. Amendment No. 1 amended the language to keep a general 50-50 cost share which includes maintenance, labor, equipment, and power.
The monthly cost of maintenance is approximately sixty-two dollars per month. This amount is reasonable.
ATT ACHMENTS: A.
B.
C.
Proposed Amendment No.2 to Contract No. 2888
Amendment No.l to Contract No. 2888
Contract No. 2888
IB:lc
2 86
Attachment A
AMENDMENT N0. 2 TO
AGREEMENT BY AND BETWEEN
CITY OF DOWNEY AND CITY OF SOUTH GATE FOR TRAFFIC
SIGNAL MAINTENANCE SERVICES AT THE INTERSECTION OF
PARAMOUNT BOULEVARD AT GARDENDALE STREET
THIS AMENDMENT No. 2 ("Amendment") is entered into this day of 2022, by and between the City of Downey, a California municipal corporation and charter city ("City") with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and City of South Gate, a Municipal Corporation ("South Gate") with its principal place of business at 8650 California Avenue, South Gate, CA 90280. City of Downey and City of South Gate are sometimes individually referred to as the "Party" and collectively as the "Parties".
WHEREAS, City of Downey and City of South Gate entered into an Agreement ("Agreement") on July 1, 2012 for Traffic Signal Maintenance Services as more specifically described in the Agreement; and
WHEREAS, City of Downey and City of South Gate executed Amendment No. 1 ("Agreement") on November 28, 2017 to extend the term of the original agreement for a period of five (5) years commencing November 15, 2017 and ending November 14, 2022; and WHEREAS, the Parties desire to amend the Agreement to further extend the term of the Agreement at the same rates; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. AMENDMENTS.
A. City of Downey and City of South Gate hereby amend Section 1 of the Agreement to read as follows:
"This Agreement shall be extended for the period commencing November 15, 2022 and ending November 14, 2027, unless sooner terminated pursuant to the provisions of this Agreement."
Section 2. The service fees attributed to the City of South Gate are in the amount of $1,120 annually, for a five-year total of $5,600.
Section 3. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect.
Section 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
I
87 TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below.
CITY: CITY OF DOWNEY CITY OF SOUTH GATE
BY: BV:
Mark Scott, Interim City Manager Chris Jeffers, City Manager Date: Date:
ATTEST: ATTEST:
BY: BV:
Maria Alicia Duarte, CMC, City Clerk Yodit Glaze, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:
BV: BV:FJ"1
Lauren Langer, Interim City Attorney Raul F. Salinas, City Attorney 2 4
88 Attachment B
Contract No. 2888
AMENDMENT N0. 1 TO
AGREEMENT BY AND BETWEEN
CITY OF DOWNEY AND CITY OF 80UTH GATE FOR TRAFFIC
SIGNAL MAINTENANCE SERVICES AT THE INTERSECTION OF
PARAMOUNT BOULEVARD AT GARDENDALE STREET
THIS AMENDMENT No. 1 ("Amendment") is entered into this 28" day of November 2017, by and between the City of Downey, a California municipal corporation and charter city ("City") with its principal place of business at 11115 Brookshire Avenue, Downey, CA 90241 and City of South Gate, a Municipal Corporation ("South Gate') with its principal place of business at 8650 Califomia Avenue, South Gate, CA 90280. City of Downey and City of South Gate are sometimes individually referred to as the "Party" and colledively as the 'Parties'.
WHEREAS, City of Downey and City of South Gate entered into an Agreement ("Agreement') effective on July '1, 2012 for Traffic Signal Maintenance Services as more specfflcally described in the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
AMENDMENT8.
A. City of Downey and City of South Gate hereby amend Section 1 of the Agreement to read as follows:
"This Agreement shall be extended for the period commencing November 15, 2017 and ending November 14, 2022. Notwithstanding any other terms and provisions of this Agreement, either party reserves the right to terminate this Contract with or without cause at any time during this Contract by serving a thirty (30) days' written notice of such termination pursuant to Section 7 of this Agreement".
B. City of Downey and City of South Gate hereby amend Section 6 of the Agreement to read as follows:
"Cost sharing for routine traffic signal maintenance costs and routine intersection safety light maintenance costs for the intersection of Paramount Boulevard at Gardendale Street between the City of South Gate and the City of Downey is fifty percent (50%) for the City of Downey and fiffy percent (50%) for the City of South Gate.
The entire cost of extraordinary maintenance, including labor and equipment, for the intersection of Paramount Boulevard at Gardendale Street between the City of South Gate and the City of Downey is fifty percent (50%) for the City of Downey and fifiy percent (50o/o) for the City of South Gate.
Cost sharing for energy to power the traffic signal for the intersection of Paramount I
89 Boulevard at Gardendale Street between the City of Downey and the City of South Gate is fifty percent (50%) for the City of Downey and fifty percent (50%) for the City of South Gate." Section 2. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect.
Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below.
ATTEST:
Maria ATicia Duarte, CMC, City Clerk
APPROVED A8 TO FORM: APPROVED AS TO FORM
Raul . Salinas, City Attorney
90 Attachment C
Contrad No. 2888
AGREEMENT BETWEEN
THE CITY OF DOWNEY AND THE CITY OF SOUTH GATE
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
AT THE INTERSECTION OF
PARAMOUNT BOULEV ARD AT GARDENDALE STREET
THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES ("Agreement") is made between the City of Downey, a municipal corporation and charter city ("Downey"), and City of South Gate, a municipal corporation ("South Gate"). (Downey and South Gate are sometimes referred to herein as "Cities" or "Agencies").
In consideration of the mutual covenants and conditions set forth herein, the Cities agree as follows:
TERM
This Agreement shall become effective as of July 1, 2012 and shall remain and continue in effect until it is terminated for any reason by either party in writing with at least thirty (30) days advance notice.
2. SERVICES
Downey will use its contracted traffic signal maintenance service provider ("Downey's Service Provider"), for both routine and extraordinary maintenance of the traffic signal, safety lighting, and internally luminated street name signs, at the intersection of Paramount Boulevard at Gardendale Street.
As used in this Agreement, "routine maintenance" occurs at least monthly and includes those tasks identified in the Professional Services Agreement between Downey and Downey's Service Provider for On-Call Traffic Signal, Flashing Beacon and Vehicle Speed Feedback Sign Maintenance Services ("Downey's Service Agreement"), attached hereto as Exhibit "A."
As used in this Agreement, "extraordinary maintenance" is additional or extra work as described in Downey's Service Agreement, attached hereto as Exhibit "A." As used in this Agreement, "energy costs" include all costs charged by Southern California Edison ("SCE") for energy consumed during the use of the listed intersection and as measured by the SCE meter through which the energy flows, and any other costs charged by SCE related to the use of the intersection and billed during its regular invoicing for said energy.
3. PERFORMANCE
Downey and South Gate shall at all times faithfully, competently, and to the best of their ability, experience, and talent, work cooperatively for the execution and implementation of this Agreement. Downey's Service Provider shall fulfill Downey's responsibilities pursuant to this Agreement. When extraordinary maintenance is required, which is the financial responsibility of South Gate pursuant to Section 6 of this Page I of 7
91 Agreement, if Downey's Service Provider suggests more than one alternative course of action to effect the needed maintenance, then Downey shall consult with South Gate regarding the course of action to be taken.
4. MANAGEMENT OF THIS AGREEMENT
Downey's Director of Public Works or his designee shall represent Downey in all matters pertaining to the administration of this Agreement. South Gate's Director of Public Works shall represent South Gate in all matters pertaining to the administration of this Agreement. Each of the foregoing individuals are referred to individually as the "Contract Administrator" and collectively as the "Contract Administrators." Downey's Contract Administrator shall review and approve, upon consultation with South Gate's Contract Administrator, as applicable, all products submitted by Downey's Service Provider, but not including the authority to enlarge the tasks to be performed or change the compensation due to Downey's Service Provider without prior notification to South Gate.
5. PAYMENT
Downey's Service Provider will submit monthly invoices to Downey for reimbursement of routine maintenance services. Downey will then submit one invoice to South Gate based on the cost sharing ratios in Section 6 of this Agreement.
Extraordinary maintenance costs peformed by Downey's Service Provider will be invoiced to Downey for reimbursement. Downey will then submit one invoice to South Gate based on the cost sharing ratios in Section 6 of this Agreement. South Gate will make payment within sixty days (60) affer receipt of each invoice from Downey.
SCE will invoice Downey for reimbursement for energy costs. Downey will then submit one combined monthly invoice including routine maintenance services and energy charges to South Gate based on the cost sharing ratios in Section 6 of this Agreement. South Gate will make payment within sixty days (60) after receipt of each invoice from Downey.
6. COST SHARING: MAINTENANCE/REPAIR & ENERGY
Cost sharing for routine traffic signal maintenance costs between Downey and South Gate for the intersection of Paramount Boulevard at Gardendale Street is fiffy percent (50%) each for Downey and South Gate. As of the effective date of this Agreement, one hundred percent (100%) of the cost for routine maintenance of the intersection is Sixty-two Dollars ($62.00) per month (excluding energy and extraordinary maintenance costs). Cost sharing ratios for the intersection of Paramount Boulevard at Gardendale Street is Thirty-one Dollars ($31.00) per month for both Downey and SouthGate.
The entire cost of extraordinary maintenance for the Paramount Boulevard at Gardendale Street intersection, including labor and equipment, will be shared between the two agencies in accordance with the maintenance cost sharing provision above, with Downey's share being fifty percent (50%) and South Gate's share being fiffy percent (50%).
92 Costs for energy to power the traffic signal for the Paramount Boulevard at Gardendale Street intersection will be shared evenly between the two Agencies with Downey's share being fifty percent (50%) and South Gate's share being Fifty percent (50%).
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) Downey or South Gate may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the other party at least thirty (30) days prior written notice. If any party suspends or terminates a portion of the Agreement, then such suspension or termination shall not make void or invalidate the remainder or this Agreement. (b) In the event this Agreement is terminated pursuant to thais Section, Downey shall pay to Downey's Service Provider its actual value of the work performed up to the date of termination. Downey will then submit one final invoice to South Gate based on the cost sharing ratios in Section 6 of this Agreement. Upon termination of the Agreement pursuant to this Section, Downey's Service Provider will submit invoices to Downey for final reimbursement pursuant to Section 5.
8. DEFAULT OF SOUTH GATE OR DOWNEY
(a) Downey's or South Gate's Failure to comply with the provisions of this Agreement shall constitute a default. In the event Downey or South Gate is in default for cause under the terms of this Agreement, and upon expiration of the cure period, if applicable, in Section s.b, Downey shall notify service provider of same and shall have no obligation or duty to continue compensating traffic signal maintenance service provider for any work performed for South Gate, as applicable, affer the date of default and can terminate this Agreement per this Section 8(a). (b) If Downey's City Manager, or his designee, determines South Gate is in default in the performance of any of the terms of this Agreement, then he shall cause to be served upon South Gate a written notice of the default. South Gate shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory payment. In the event that South Gate fails to cure its default within such period of time, Downey shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled under this Agreement.
9. OWNERSHIP OF DOCuMENTS
(a) Downey's Service Provider shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information that relates to the pefoimance of Downey's Service Provider under this Agreement. Downey shall receive from Downey's Service Provider adequate records of services provided in sufficient detail to permit an evaluation of services for each billing cycle. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Downey's Service Provider shall provide free access to the representatives of Downey or its designees at reasonable times to such books and records; shall permit Downey to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. South Gate may request back-up documentation from Downey to support the cost allocations in this Agreement.
93 (b) Upon expiration of this Agreement, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, surveys, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of Downey as applicable
10. INDEMNIFICATION
(a) Neither Downey, nor any officer or employee of Downey (hereinafter referred to in this section as "Downey"), shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of South Gate, or any of its officers, employees or agents (collectively referred to in this section as "South Gate") under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of South Gate under this Agreement. It is also understood and agreed, pursuant to Government Code Section 895.4, Downey shall fully indemnify, defend, and hold harmless South Gate from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of Downey under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Downey in this Agreement.
(b) Neither South Gate, nor any officer or employee of South Gate, shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Downey under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Downey under this Agreement. It is also understood and agreed, pursuant to Government Code Section 895.4, South Gate shall fully indemnify, defend, and hold harm(ess Downey from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of South Gate under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of South Gate in this Agreement.
(c) In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an Agreement (as defined in Section 895 of said Code), each of Cities, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each or Cities indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereoT as iT incorporated herein.
11. INDEPENDENTCONTRACTOR
(a) Downey's Service Agreement shall provide that Downey's Service Provider is and shall at all times remain as to Downey a wholly independent contractor.
The personnel performing the services under this Agreement on behalf of Downey's Service Provider shall at all times be under Downey's Service Provider's exclusive direction and control. Neither Downey nor any of its officers, employees, or agents shall
70 94
have control over the conduct of Downey's Service Provider or any of Downey's Service Provider's officers, employees or agents, except as set forth in Downey's Service Agreement. Downey's Service Provider shall not, at any time or in any manner, represent Downey or South Gate or any of their respective officers, employees, or agents in any manner. Downey's Service Provider shall not incur or have the power to incur any debt, obligation, or liability whatever on behalf of Downey or South Gate, or bind Downey or South Gate in any manner.
(b) Downey's Service Agreement shall provide that no employee benefits shall be available to Downey's Service Provider in connection with the peformance of this Agreement. Except for the fees paid to Downey's Service Provider as provided in the Agreement, Downey shall not pay salaries, wages, or other compensation to Downey's Service Provider for performing services hereunder for [)owney. Neither South Gate nor Downey shall be liable for compensation or indemnification to Downey's Service Provider for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILTIES
Downey and South Gate shall keep themselves informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect relationship created pursuant to thais Agreement. Downey and South Gate shall at all times observe and comply with all such laws and regulations. Neither South Gate nor Downey, or their respective officers and employees, shall be liable at law or in equity occasioned by failure of the other to comply with any Section of this Agreement.
13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Downey or South Gate, or their designees or agents, and no public official who exercises authority over responsibilities with respect to this Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed associated with this Agreement.
14. NOT €CES
Any notices which either party may desire or are required to give to the other party under this Agreement must be in writing and may be given either by 1) personal service; 2) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery; or 3) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as the party may later designate by notice.
To Downey: City of Downey
Attention: Gilbert Livas, City Manager
11111 Brookshire Avenue
Downey, CA 90241-7016
To South Gate: City of South Gate
Attention: Michael Flad, City Manager
8650 California Avenue
South Gate, CA 90280
95 15. ASSIGNMENT
Neither Downey nor South Gate shall assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior consent of the other City.
16. GOVERNING LAW
Downey and South Gate understand and agree the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the state or federal district court with jurisdiction over the City of Downey.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating tothe obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each parl isentering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all Tacts such party deems material.
[Remainder of this page intentionally left blank]
/2. 96
18. AUTHORITYTOEXECUTETHISAGREEMENT
The person or persons executing this Agreement on behalf of the parties namedbelow warrant and represent that they have the authority to execute this Agreement andthe authority to bind their respective City to the performance of its obligationshereunder, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted the day and year first above written.
CITY OF DOWNEY,
a municipal corporation and
charter city
Luis H. Marq
Attest:
ffi!lc'
Approved As To Form:
Ykl!"WAAmi;
City Attorney
City of Downey
CITY OF SOUTH GATE,
a municipal corporation
wan. (Bill) De !iitt, Mayor
Attest:
Approved As To Form:
ul F. Salinas
Attorney
City of South Gate
ATT ACHMENT
Exhibit A: Professional Services Agreement For On-Call Traffic Signal, Flashing Beacon and Vehicle Speed Feedback Sign Maintenance Services Doc 257982H:lPubworkslTrafficlSignalslMaintenancelAgreement with South GatelTraffic Signal Maintenance Services agmt withSouth Gate.doc
97 CITYMANAGER'SOFflCE
Item No. 6
DE(, 05 2022
4wpr- City of South Gate
CITY COUNCIL
AGENIDA BNLL
For the Regular Meeting of December 13, 2022
Originating Department: City Manager's Office
City Manager:
ChrisC':Aff/\\'
City Manager:
Chris Je,ffers
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2020-01-CC WITH KILEY & ASSOCIATES, LLC., FOR CONTINUED FEDERAL LEGISLATIVE ADVOCACY
SERVICES
PURPOSE: To amend the' agreement with Kiley & Associates, LLC., to continue providing federal legislative advocacy services to the City.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 2020-01-CC with Kiley & Associates, LLC., to continue providing federal legislative advocacy services to the City, retroactively effective October 1, 2022, through September 30, 2025, in monthly payments of $3,333; and b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
FISCAL IMPACT: Funds, in the amount of $40,000, were included in the Fiscal Year 2022/23 Municipal Budget for federal legislative advocacy services in Account Number 100-120-12-6101 (General Fund - City Manager's Office - Professional Services). Funding caru'iot exceed $45,000 in any given fiscal year during the term without prior City Council approval. The agreement may be cancelled with a 30-day notice by either party.
ANALYSIS: The City recognizes the need for an active federal legislative program to protect the City's interests in Washington, D.C. As a result, the City contracts with a federal lobbyist firm to provide their expertise in federal legislative advocacy.
BACKGROUND: On January 14, 2020, the City Council approved Contract No. 2020-01-CC with Kiley & Associates, LLC., to provide their expertise in federal legislative goal setting and intergovernmental advocacy. That agreement was amended to extend the services through September 30, 2022. Since the implementation of the contract, Kiley & Associates, LLC., has been helping the City with a variety of resources and assistance. At the present time, they have assisted in getting the Federal Highway Administration (FHWA) in connection with renewing the El Paseo Freeway signs; with Region 9 of the EPA in possible funding for PFAS remediation; and with engaging Congresswoman Nanette BarragAn's office on other federal funding opportunities. They also send regular information on federal funding opportunities which is shared with departments 1 98
To continue the City's legislative advocacy efforts, City staff recommends amending the agreement with Kiley & Associates, LLC., to provide the same contractual services, which are:
* Lobbying the White House and Congressional delegations on the City's priorities. * Identifying additional funding sources and advocate in the White House and Federal Departments.
* Coordinating and introducing City officials to key administration and legislative decision makers.
* Preparing and securing letters of support for all stakeholders engaged in the City's proposals, including Members of Congress, and key local and state officials. * Monitoring and tracking federal grants that align with City priorities. * Identifying oppoitunities to showcase the City's achievements and challenges before Congressional Committees or federal agencies.
* Sending monthly reports detailing legislative action in Washington D.C.
ATTACHMENTS: A. Proposed Amendment No. 2
B. Kiley & Associates, LLC., letter of accomplishments C. Amendment No. 1 to Contract No. 2020-01-CC
D. Contract No. 2020-01 -CC
99 ATT ACHMENT A
AMENDMENT N0. 2 TO CONTRACT N0. 2020-01-CC
EXTENDING FEDERAL LEGISLATIVE ADVOCACY SERVICES BETWEEN THE CITY OF SOUTH GATE AND KILEY & ASSOCIATES, LLC.
This Amendment No. 2 to Contract No. 2020-01-CC extending Federal Legislative Advocacy Services ("Amendment No. l") is made and entered into on December 13, 2022, and retroactively effective October 1, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Kiley & Associates, LLC., a Washington, D.C. corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, onSeptember24,2019,theCityCouncilapprovedContractNo.3554with Smith Dawson & Andrews, Inc., for Federal Legislative Advocacy Services, for a one-year term, through and including September 24, 2020, in the amount not to exceed Forty Thousand Dollars ($40,000);
WHEREAS, the Smith Dawson & Andrews, Inc., representative assigned to the City, Jayson Braude, parted ways with Smith Dawson & Andrews, Inc., and joined Kiley & Associates, LLC;
WHEREAS, on January 14, 2020, the City Council approved Amendment No. l to Contract No. 3554 with Smith Dawson and Andrews, Inc., mutually terminating Contract No. 3554, retroactively effective January 1, 2020;
WHEREAS, on January 14, 2020, the City Council approved Contract No. 2020-01-CC with Consultant ("Agreement") to continue providing federal legislative advocacy services, through and including September 24, 2020, with the remaining funds of Contract No. 3554 in the amount of Thirty-Two Thousand Five Hundred Fi:tty-Five Dollars ($32,555); and WHEREAS, on February 23, 2021, The City Council approved Amendment No. I to the Agreement extending the Agreement for an additional two-year term, retroactively effective from September 25, 2020, through and including September 30, 2022 at a rate of $3,333 per month; and WHEREAS, the Parties desire to execute Amendment No. 2 to Contract No. 2020-01-CC extending the Agreement for an additional three-year term, retroactively effective October 1, 2022, through and including September 30, 2025, in the amount of $3,333 per month, but in no case shall payments exceed Forty-Five Thousand Dollars ($45,000) during any fiscal year without prior City Council approval.
NOW, THEREFOR, the parties hereby agree as follows:
MODIFICATION TO AGREEMENT
1. TERM OF AGREEMENT This Amendment No. 2 extends the term of the Agreement for an additional three-years, retroactively effective October 1, 2022, through and including September 30, 2025, unless terminated otherwise in accordance with the terms of the Agreement.
Page l of 2
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Amendment No. 2 to Contract No. 2020-01-CC
Kiley & Associates, LLC.
2. COMPENSATION. The amount of compensation for Amendment No. 2 shall not exceed the amount of Forty-Five Thousand Dollars ($45,000) aru'iually, unless authorized by the City Council
EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto shall remain in full force and unchanged during the term of Amendment No. 2. All of the recitals to this Amendment No. 2 are incorporated into the Agreement as modified by this Amendment No. 2.
Furthermore, City reserves the right to augment or reduce the scope of work as the 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:
Al Rios, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAI,)
APPROVED AS TO FORM:
BY caah2
Raul F. Salinas, City Attorney
KILEY & ASSOCIATES, LLC:
By:
Gregory Kiley, President
Dated:
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ATT ACHMENT B
Mr. Chris Jeffers
City Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Dear City Manager Jeffers,
Kiley &
Associates
636 North Carolina Ave SE
Washington, DC 20003
(202) 544-6897
December 1, 2022
It has been an honor to work with the City of South Gate as your federal lobbyist. On behalf of Kiley & Associates, I respectfully request an extension of our contract, at the continued rate of $3,333 per month.
To aid in your decision, below is a summary of the services we have provided since we started working with the City in 2019.
During the tenure of our relatioi'iship with the City, Kiley & Associates has helped the South Gate Mayor, Council, and staff to successfully navigate both federal and local issues alike. We routinely sent South Gate staff a list of federal grant opportiinities and federal legislative updates, and made ocirselves available for any questions they may have on such grants. We ensured the City's grant proposals were accompanied by a letter of support from the United States House and Senate delegation. We also supported the City on the submission on Congressional directed spending, often known as earmarks.
Following the Delta Air Lines fuel release incident in January 2020, Kiley & Associates worked closely with the Federal Aviation Administration (FAA) and Congresswoman BarragAn's staff, and more recently Delta Airlines directly. Our efforts led to Delta providing funds to local nonprofits and a job fair within in the City. We also helped the City to secure financial reimbursements from the airline itself for direct costs the City faced due to the fuel release.
Kiley & Associates has worked closely with the City and Union Pacific Railroad to address the issue of trash and bulk items dumped on the land owned by the railroad. Our effoits to engage the offices of United States Senator Dianne Feinstein and Congresswoman BarragAn, have led to immediate results and cleanup. While we all still have a ways to go to solve this matter, we have put much political pressure on Union Pacific.
When COVID-19 significantly impacted South Gate's budget, Kiley & Associates worked closely with South Gate senior staff to engage with the United States Department of Housing and Urban Development (HUD) to ensure COVID-related funding could be liberally used during the start of the pandemic.
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In addition to our work with HUD, our team worked closely with City staff and the South Gate Economic Development Department to help the City find free legal resources for residents dealing with issues related to the economic impacts of COVID-19. These efforts led to a pro-bono attorney from Bet Tzedek Legal Services being sent to the City to assist and guide South Gate residents early on in the pandemic.
In the months leading up to the American Rescue Plan being signed into law by President Biden, our firm and City Manager Jeffers pushed Congressional leaders on numerous occasions to encourage passage, which ultimately led to many millions of dollars of direct funding being sent to the City of South Gate.
We have worked with the United States Environmental Protection Agency on updates related to the brownfields within tlie City and also the PFAS issue facing tl'ie City. We also plan to have EPA officials visit South Gate in the near future to tour the City.
Other current work includes close work with the City and the Federal Highway Administration in connection with renewing the El Paseo Freeway signs.
Kiley & Associates has been proud to work with the City on a number of letters of support for federal assistance. With Congress and the White House now being more open to in person meetings, we look forward to planning a trip for the Mayor, Council and senior staff visit Washington, DC to lobby in person and promote the City across numerous Federal agencies, the White House, along with the House and Senate.
We are honored for the chance to continue collaborating with the City of South Gate to open doors in Washington, DC and to help the City however we can with your federal legislative priorities.
Thank you for your trust in our team for the last three years. We look forward to a long and prosperous relationship with the City of South Gate.
Sincerely,
Jayson Braude, Esq.
Chief Counsel
Kiley & Associates
103
ATT ACHMENT C
Amendment No. 1
Contract No. 2020-01-CC
AMENDMENT NO. l TO CONTRACT N0. 2020-01-CC
EXTENDING FEDERAL LEGISLATIVE ADVOCACY SERVICES BETWEEN
THE CITY OF SOUTH GATE AND KILEY & ASSOCIATES, LLC Tliis Amendment No. l to Contract No. 2020-01-CC extending Federal Legislative Advocacy Services ("Ainendinent No. l") is made and entered into on February 23, 2021, and retroactively effective September 25, 2020, by and between the City of South Gate, a municipal corporation ("City"), and Kiley & Associates, LLC, a Washington corporation ("Consultant").
City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, on September 24, 2019, the City Council approved Contract No. 3554 with Smith Dawson & Andrews, Inc., for Federal Legislative Advocacy Services, for a one-year term, t)irough and including September 24, 2020, in the amount not to exceed Forty Thousand Dollars ($40,000);
WHEREAS, the Smith Dawson & Andrews, Inc., representative assigned to the City, Jayson Braude, parted ways with Smith Dawson & Andrews, [nc., and joined Kiley & Associates, LLC:
WHEREAS, on January 14, 2020, the City Council approved Amendment No. l to Contract No. 3554 wit)i Smith Dawson and Andrews, Inc., mutually terminating Contract No. 3554, retroactively effective January 1, 2020;
WHEREAS, on January 14, 2020, the City Council approved Contract No. 2020-01-CC with Consultant ("Agreement') to continue providing Federal Legislative Advocacy Services, througli and including September 24, 2020, with the remaining funds of Contract No. 3554 in the amount of Thirty Two Thocisand Five Hundred Fifty Five Dollars ($32,555); and WHEREAS, the City Council and Consultant desire to execute Amendment No. l to the Agreement extending the Agreement for an additional hvo-year term, retroactively effective September 25, 2020, through and including September 25, 2022, in the amount of Forty Thousand Dollars ($40,000) annually, for a total of Eighty Thocisand Dollars ($80.000), cmder the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. lto a total sum of One Hundred Twelve Thousand Five Hundred Fifty Five Dollars ($112,555).
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
MODIFICATION TO AGREEMENT.
2. TERM OF AGREEMENT. Tliis Amei'idment No. l extends the term of the Agreement for an additional two-years. retroactively effective September 25, 2020, through and including September 25, 2022, ui'iless temiinated otherwise in accordance with the terms of the Agreement.
Pagelof2
104
4. COMPENSATION. The amount of compensation for Amendment No. l shall not exceed the amount of Forty Thousand Dollars ($40,000) annually, for a total amount of Eighty Thousand Dollars ($80,000). The total sum of the Agreementand AmendmentNo. l shall not exceed One Hundred Twelve Thousand Five Hundred Fiffy Five Dollars ($112,555).
EFFECT OF AMENDMENTS, Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto shall remain unchanged during the term of Amendment No. 1. All of the recitals to this Amendment No. I are incorporated into the Agreement as modified by this Amendment No. 1. City reserves the riglX to augment or reduce the scope of work as the City deems necessary.
IN WITNESS WHEREOF, Parties hereto have caused this Amendment No. I to be executed and attested by their respective officers tbereunto dully authorized.
CITY OF SOUTH GATE:
Maria Davila, Mayor
Dated: g 4zZs}t
ATTESTED:
Carmen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas. City Attorney
KILEY & ASSOCIATES, LLC:
9'l X
Gregory K4y, P>psident
105
ATT ACHMENT D
Contract No. 2020-01-CC
AGREEMENT FOR PROFESSIONAL SERVICES FOR FEDERAL LEGISLATIVE
ADVOCACY SERVICES BETWEEN THE CITY OF SOUTH GATE AND
KILEY & ASSOCIATES, LLC
This Agreement for Professional Services for Fedetal Legislative Advocacy Services ("Agreement") is made and entered into on January 14, 2020, and retroactively effective Januaryl, 2020, by and between the City of South Gate, a municipal corporation ("City"), and Kiley & Associates, LLC, a Washington corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, CitydesirestoretainConsultantforfederallegislativeadvocacyservices;and WHEREAS, Consultant warrants to City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement; and WHEREAS, based on such representation, City desires to contract with Consultant to perfomi the services described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORF,, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to provide the services and perform the tasks set forth in Exhibit "A" and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. TERM OF AGREEMENT. This Agreement is retroactively effective as of January 1, 2020, and will remain in effectthrough and including September24, 2020, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
3. CITYAGENT. TheCityManager,forthepurposesofthisAgreement,istheagentforthe City. Whenever approval or authorization is required, Consultant understands that the City Manager has the authority to provide that approval or authorization.
4. COMPENSATION. ThetotalamountofthisAgreementshallnotexceedthesurnofThirty Two Thousand Five Hundred Fifty Five Dollars ($32,555). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuantto this Agreement.No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager. Travel expenses (time, mileage, etc.) to attendbusiness meetings and/or any other business shall be waived and shall not be displayed on the Consultant's invoice to City.
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4.1 ConsultantshallsubmittoCityamonthlyinvoiceforservicesrenderedincludedin Exhibit "A." City shall pay the Consultant within thirty (30) days of receipt of the invoice.
4.2 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City ofany workormaterials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant underthis Agreement.
Consultant further represents that in performance ofthis Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist ordevelop during the term of this Agreement.
5.I Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being rewarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business by any City employee or official.
GENERAL TERMS AND CONDITIONS.
6.1 Termination. EithertheCityManagerorConsultantmayterminatethisAgreement, without cause, by giving the other Party ten (10) days written notice of such termination and the effective date thereof.
6.1.1 In the event of such temiination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or otherdocurnentation prepared by or in the possessionof Consultant under this Agreement shall be retumed to City. If City temiinates this Agreement without cause, Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out invoice for services rendered and fees earned, pursuant to this Agreement through the date of the written notice of termination. In no event shall the amountpayable upon termination exceed the total maximum compensation provided for in this Agreement, or include fees for services not performed. If Consultant terminates this Agreement without cause, the Consultant shall be paidonly forthose services completed in a manner satisfactory to City, which shall not be unreasonably determined.
6.1.2 If Consultant or City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Consultant or City violate any of the covenants, agreements, or stipulations of this Agreement, Consultant or City
10107
shall have the right to temiinate this Agreement by giving written notice to the other Party of such tertnination and specifying the effective date of such termination. Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completedhereunder. Notwithstanding the foregoing, Consultant shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.
6.2 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.3 Non-Discrimination. Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governments.
6.4 Insurance. Consultant shall subtnit to City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 forpersonal injury to anyone 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. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted or authorized to do business in the State of California or which is approved in writing by City. 2) Name and list as additional insured City, its officers and employees, 3) Specify its acts as primal insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written noticeto City of such cancellation
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or material change."
5) Cover the operations of Consultant pursuant to the terms of this Agreement.
6.5 Indemnification. Consultant agrees to indemnify, defend and hold hartnless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties notacting on behalf of, at the direction of, or under the control of Consultant.
6.6 Compliance With Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and city governments.
6.7 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.
6.7.1. Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, orany of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.
6.7.2. Indemnification of CalPERS Determination- In the event that Consultant or anyemployee, agent, or subcontractorofConsultant providing services under ttffs Agreement claims or is determined by a court of competentjurisdiction or CalPERS to be eligible forenrollment in CalPERS as anemployee ofCity, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, orsubcontractors, as well as for the payment ofanypenalties and interest on such contributions, which would otherwise be the responsibility of City.
6.8 Copyright. Noreporls,mapsorotherdocumentsproducedinwholeorinpartunder this Agreement shall be the subject of an application for copyright by or on behalf of
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Consultant.
6.9 Legal Construction.
a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and govemed under the laws of the State of California, without regard to conflict of law principles. b) This Agreement shall be constnied without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction that a document is to be constnied against the drafting party shall not be applicable to this Agreement.
c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or constniction.
d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.10 Counterparts. ThisAgreementmaybeexecutedincounterpartsandassoexecuted shall constitute an agreement which shall be binding upon all Parties herein.
6.11 FinalPaymentAcceptanceConstitutesRelease. TheacceptancebyConsultantof the final payment made under this Agreement shall operate as and be arelease ofCity from all claims and liabilities for compensation to Consultant for anything done, fiirnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
6.12 Corrections. In addition to tlie above indemnification 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 the cost thereof shall be charged to the Consultant.
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6.13 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location ofsuch files duringthe termofthis Agreement and shall be entitled to retain copies of such files upon termination ofthis Agreement.
6.14 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver ofsuch Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach ofthe other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from 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 shall affect any other default or breach, or cover any other period of time, other than any default or breach and/orperiod oftime specified. All ofthe remedies pemiitted oravailable to a Party under this Agreement, or at law or in equity, sliall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available riglit of remedy.
6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting firom the conduct of the other Party.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competentjurisdiction to be invalid, void orunenforceable, theremaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.17 Attorney'sFees. ThePartiesheretoacknowledgeandagreethateachwillbearhis or its own costs, expenses and attorney's fees arisingoutofand/orconnected withthe negotiation, drafting and execution ofthe Agreement, and all matters arising outofor connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attomey's fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.18 Entire Agreement. This Agreement constitutes the whole agreement between City and Consultant, and neither Party has made any representations to the otherexceptas expresslycontainedherein.NeitherParly, inexecutingorperformingthisAgreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
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6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation ofdelivery, and depositingsaid notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Michael S. Flad, City Manager
8650 Califomia Avenue
South Gate, CA 90280
Email: [email protected]
TO CONSULT ANT:
Kiley & Associates, LLC
Gregory Kiley, President
636 North Carolina Avenue SE
Washington, DC, 20003
Email: gregory.kiley(agn"iail.com
With Courtesy Copy to:
City Clerk's Office
Carmen Avalos, City Clerk
8650 California Avenue
Soutli Gate, CA 90280
Email: [email protected]
6.20 Warranty of Authorized Signatortes. Each ofthe signatories hereto warrants and represents that he or she is competentand authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.21 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.22 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting ofthis Agreement. Accordingly, inthe eventof any anibiguity, neither Party may claim thatthe interpretation ofthis Agreementshall be constnied against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
EFFECTIVE DATE. The effective date of this Agreement is January 1, 2020, and will remain in effect through and until September 24, 2020, unless terminated otherwise in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally.]
112
IN WITNESS WHEREOF, the Parties hereto have caused this Agmment to be executed and attested by their respective officers thereunto duly authorized, CITY OF SOUTH GATE:
BY:
M. Bel6n Bemal, Mayor
Dated: 11/41/;zo Th
ATI'EST:
By:
APPROVE AS TO FORM:
F. Salinas, City Attomey
KILEY & ASSOCIATES. LLC:
Preside71
Page8of9
113
EXHIBIT "A"
SCOPE OF SERVICES
Task 1: Develop Federal Funding and Policy Agenda Consultant, in consultation with the City to formulate a realistic Agenda to achieve the City's short- and long-term objectives. This will include establishing project priorities and determining potential federal funding sources. Key policy issues, critical legislation and regulations will be identified.
Task 2: Create federal government outreach and funding program A plan that reflects the City priorities, projects and initiatives will be developed and will include outreach to grant funding within specific foundations and within the Federal Government.
Task 3: Lobbying
Consultant will lobby the executive branch, selected delegations and any targeted Congressional authorizing and appropriations committees to advance the City priorities.
Task 4: Monitoring and Coordination
Consultant will monitor and keep the City informed regarding federal legislation, appropriations and policy developments. Consultantwill track federal and private grants that align with the City priorities and assist City staff with the refinement of applications to improve their potential for success. Monitoring will include the National League ofCities, the National Association of Counties and the U.S. Conference of Mayors. Consultant will keep City staff informed regarding the monitoringprocess andthose opporhinities identified that are consistent with the City's priorities.
Task 5: Requests, Testimony and Correspondence
Consultant will draft programmatic appropriation requests, provide congressional testimony, suggest amendments and report language and will provide correspondence for Members of Congress, their staff and congressional committees on behalf of the City. Consultant will provide position papers and background materials as necessary.
Task 6: Reporting
Detailed reports will be provided to the City detailing legislative action in Washington, relevant hearing schedules, and relevant grant announcements. Consultantwill report relevant information that has been identified in industry publications.
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€ilTYMANAGER'S OFFICE Item No. 7
NOV 3 0 2022
(l,;co>z City of South Gate
CITY COUNCIL
ACENDA JJBILL
For the Regular Meeting of: December 13, 2022
Originating Depaitment: Administrative Services
Department Director:
Kristopher Ryan
City Manager:
() Nhris,.re,(Hers
SUBJECT: AMENDMENT NO. I TO CONTRACT N0. 2536 TO EXCLUDE THE BILLING
AND COLLECTION BY GOLDEN ST ATE WATER COMPANY OF RUBBISH OR SOLID WASTE COLLECTION FEES ON BEHALF OF THE CITY EFFECTIVE JANUARY 1, 2023 PURPOSE: To approve Amendment No. 1 to Contract No. 2536 ("Amendment No. 1") witli Golden State Water Con'ipany to exclude the billing and collection of fees by Golden State Water Company on behalf of the City for Soutli Gate for trasli and recycling collection services.
RECOMMENDED ACTION: Tlie City Council will consider:
a. Approving Ainendment No. 1 to Contract No. 2536 with Golden State Water Company to exclude tlie billing and collection of nibbisli or solid waste collection fee on behalf of tl'ie City effective January 1, 2023;
b. Authorizing tlie Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
FISCAL IMPACT: None.
ANALYSIS: The City is in the process of transitioning solid waste hariling services to Universal Waste Systems ("UWS") from Waste Management. Currently, the billing for trash and recycling collections services is included in tlie City's montlily ritility bill. Tlie solid waste liauling services for residents and businesses in the Hollydale area are billed by Golden State Water and fees collected are remitted to tlie City. Begii'u"iing January 1, 2023, all residents and businesses will be billed directly by UWS. Witli UWS taking over all billing for trash and recycling collection services, Golden State Water will 110 longer need to bill and collect trasl'i aiid recycling collection fees on behalf of the City.
BACKGROUND: In August 2009, tlie City Council
Water Company to provide utility billing services for Golden State Water Company provided water services
and trasl'i collection services, the City contracted with tlieir montlily billing. The fee cliarged for this service occupant.
ATTACHMENTS: A. Proposed Amendment No. 1
B. Contract No. 2536
autliorized staff to contract with Golden State
residents living in the Hollydale area. Since
and the City provided sewer, street sweeping,
Golden State Water to inclride City services in
is $1 per address per month and is paid by the
1 115
ATTACHMENT A
A Subsidiaty oT American States Water Company
AMENDMENT [1] TO
Billing Services Agreement with the City of South Gate This Amendment [1] (hereinafter referred to as the "Amendment"), is entered into as of January 1, 2023, by and between Golden State Water Company, hereinafter referred to as "Company" and the City of South Gate, hereinafter referred to as "City". City and Company are each referred to herein as a "Party" and collectively as the "Parties".
RECIT ALS
WHEREAS, the Parties previously entered into the Billing Services Agreement on August 1, 2009, to set forth the terms and conditions under which the Company will collect Sewer/Rubbish/Street Sweeping fees on behalf of the City from the Company's water service customers and remit the amount collected to the City.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants hereinafter contained, the Parties agree asfollows:
1. This Amendment [1] is issued to exclude the billing and collection by the Company of Rubbish or Solid Waste Collection fees on behalf of the City, effective January 1, 2023.
All other provisions in the aforementioned Billing Services Agreement otherwise affected or changed by reason of the foregoing shall remain in full force and effect.
Authorized representatives of the parties have executed this Amendment as indicated below:
City of South Gate, California
By:
Golden State Water Company
By:
AL RIOS
Mayor
Date:
PAUL J. ROWLEY
Senior VP - Regulated Water Utility
Date:
ATTEST:
BV:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM: &
By: r R
Raul F. Salinas, City Attorney
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ATT ACHMENT B
Contract No. 2536
Bn,LING SERVICES AGRE,E,MENT
This Billing Services Agreement ("Agreement") is entered into as of this I!it day of August, 2009 by and between the CITY OF SOUTH GATE, a municipal corporation ("City"), and GOLDEN STATE WATER COMPANY, a California corporation and wholly-owned subsidiary of American States Water Company ("Company") City and Company are each referred to herein as a "Party" and collectively as the "Parties."
RF,CITALS
A. Company provides water utility service within its service area which includes certain properties located within the City boundaries, and bills responsible users for such water utility service.
B. City has adopted a user fee for sewer, rubbish and street sweeping services ("Sewer/Rubbish/Street Sweeping Fees") to be charged against sewer, nibbish and street sweeping users in the City who are not exempt from such fees.
C. City desires to contract with Company such that Sewer/Rubbish/Street Sweeping Fees will be collected by Company from the sewer, rubbish and street sweeping users who also receive a bill from the Company for water service (the "Customers").
D. The Parties desire to set forth the terms and conditions under which Company will collect Sewer/Rubbish/Street Sweeping Fees on behalf of City from the Customers and remit the amount collected to City.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and specifically incorporating the foregoing recitals as if set forth in full below, the Parties agree as follows.
1. COLLECTION SERVICES
1.1 Sewer/Rubbish/Street Sweeping Fees
1.1.1 Amount of Sewer/Rubbish/Street Sweeping Fee
(a) The amount of the Sewer/Rubbish/Street Sweeping Fee, the classification of Customers (if the amount of the Sewer/Rubbish/Street Sweeping Fee varies by class of Customer), a list of Customers in each class (if the Sewer/Rubbish/Street Sweeping Fee varies by class of Customers), a list of any special fees if any have been adopted, a list of Customers entitled to the special fee or fees, and a list of Customers entitled to an exemption from the Sewer/Rubbish/Street Sweeping Fee, if any, are set forth on Exhibit A to this Agreement. (b) The City will review Customers assigned special Sewer/Rubbish/Street Sweeping Fees on a regular basis to verify that the special Sewer/Rubbish/Street Sweeping Fee is still applicable for the Customer. The City shall notify Customer and Company of any changes to 1075456.1
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the Sewer/Rubbish/Street Sweeping Fee for a Customer. (c) City may modify the Sewer/Rubbish/Street Sweeping Fee from time to time in accordance with applicable law. City shall be required to notify Customers and Company of the new charge and of any modifications to the charge in the manner required by law, if any, City shall promptly notify Company of any changes to the classification, entitlement to a special fee or exempt status of a Customer and/or any additions to or deletions from any classification, special fee or exemption list.
(d) Company shall implement any modified rate or change in classification, special fee or exempt status within thirty (30) days after receipt of written notice by City or at such other later time as City may direct.
(e) All new Customers shall be deemed to be non-exempt and not entitled to a special fee until such time as City has notified Company that the Customer is exempt, is entitled to a special fee as provided herein or is listed on Exhibit A as a special condition.
1.1.2 Customer Payment Terms
(a) Customers, other than Customers which Company has been notified are exempt or are entitled to a special fee of zero, shall be billed for usage during the previous period. Company shall bill and collect the Sewer/Rubbish/Street Sweeping Fee at the same time and in the same manner as fees for water service supplied by Company. (b) The Sewer/Rubbish/Street Sweeping Fee shall be considered delinquent arid late ctiarges shall be i-uiposed,, if and to the extent prov"iaea on Exhibit A hereto.
1.1.3 Bill Information. The Sewer/Rubbish/Street Sweeping Fee shall appear as a separate line item on Customers' (other than exempt Customers') bills. The bill shall provide a telephone number to a City representative for the Customer to call regarding any questions regarding Sewer/Rubbish/Street Sweeping Fee charges on the Customer's bill.
1.1.4 Dispute Resolution. Any customer disputes regarding the Sewer/Rubbish/Street Sweeping Fee shall be addressed by City and City shall notify Company of any adjustments that are required regarding a Customer's Sewer/Rubbish/Street Sweeping Fee. In the event that City determines that a Customer is entitled to a refiind of any part or all of any Sewer/Rubbish/Street Sweeping Fee or Sewer/Rubbish/Street Sweeping Fees previously collected by Company and remitted to City, Company shall reflect such Customer's right to a refund as a credit on such Customer's next bill or bills, as applicable, and Company shall be entitled to deduct the total amount of such refund from the amounts remitted to City under Section 2.2.3.
1.1.5 Representation and Warranties of City. City hereby represents and warrants that as of the date hereof and as of the date on which notice is given by City to Company pursuant to Section l.l.l of any change in the Sewer/Rubbish/Street Sweeping Fee, including any change in Customer classifications, special fees or exemptions, it (i) has the power and authority under all applicable law to adopt the Sewer/Rubbish/Street Sweeping Fees, and (ii) has taken all actions and done all things necessary or appropriate to adopt the Sewer/Rubbish/Street Sweeping Fees and that such Sewer/Rubbish/Street Sweeping Fees have been validly adopted by 10754561 2
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City in accordance with applicable law and are in fiill force and effect as of the date Company collects Sewer/Rubbish/Street Sweeping Fees on behalf of City as provided herein.
1.2 Customer Information. For purposes of reporting requirements below, Company shall maintain a record for each Customer in accordance with its customary procedures containing the following information (the "Customer Information"):
(a) Name and address of the Customer;
(b) Classification of Customer and whether the Customer is entitled to a special fee or exemption;
(c) The date on which potable domestic water utility service for such Customer is requested and the date on which services for such Customer ends;
(d) The amount of water used during each Billing Period (only if the Company is providing billing services to the City for usage-based Sewer Fees);
(e) The amount of Sewer/Rubbish/Street Sweeping Fees billed by Company during each Billing Period;
(f) The amount of Sewer/Rubbish/Street Sweeping Fees remitted by Company to City for such Customer for each Billing Period; and (g) The amount of any credits reflected on the bill of such Customer during each Billing Period.
Company shall periodically (and in no event less frequently than once each week) back up the Customer Information in the Company's records in accordance with its customary procedures.
Company shall maintain such Customer Irtformation in its records for a period of at least three (3) years.
1,3 Reporting. Company shall, but only to the extent permitted by applicable law, provide City with reports as City may reasonably request with respect to the Customer Information maintained by the Company in its records, provided that City compensates Company for the actual cost of the production thereof, including allocated overhead expenses. 1,4 Cooperation of Parties. The Parties agree to do all such things and take all such action, and to make, execute and deliver such documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. City shall promptly notify Company of any inaccuracies which it believes to be within the Customer Information.
Company shall review such notification, and if in agreement with such reports, correct any inaccuracies in such Customer Information within thirty (30) days after such notice from the City.
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2. CHARGES/PAYMENTS TO CITY
2.1 Fees
2.1.1 Set-Up Charges
(a) City hereby agrees to pay Company the following set-up charges, in each case, as adjusted pursuant to Section 2.1.3:
(i) An Initial Set-Up Charge of $1,086.00; and
(ii) A City Rate Change Charge in an amount not to exceed the Initial Set-Up Charge, provided that the rate change does not involve a change in rate stnicture.
(b) In the event that a City Rate Change Charge involves a change in rate stnicture, the City Rate Change Charge may be increased to an amount sufficient to reimburse Company for the actual costs of setting up such change in rate stnxcture, including reasonable allocated overhead expenses. Thereafter the City Rate Change Charge for each City rate change based on such changed rate structure shall be in an amount not to exceed the new City Rate Change Charge, as adjusted pursuant to Section 2.1.3.
2.1.2 Monthly Charges.
City hereby agrees to pay Company the following monthly charges:
(a) Bill Rendered Charge in the amount of $1.00 per bill, and (b) an Allowance for Uncollectible Accounts calculated at the rate established in the Company's current general rate case as the rate applicable to Customers for the purposes of recovering the costs of uncollectible accounts, as adjusted pursuant to Section 2.3.2 (the "GRC Rate") times the total amount of Fees billed for the period in each case, as adjusted pursuant to Section 2.1.3. Company confirms that the rate specified in Section 2.3.1 below is the current GRC Rate as of the date of this Agreement.
2.1.3 Inflation Adjustments.
The fees set forth in Sections 2.1.1 and 2.1.2 shall be adjusted annually on or about Januaty l of each year by an amount equal to the amount of the annual increase in the Consumer Price Index-All Urban Wage Earners and Clerical Workers for Los Angeles-Riverside, Orange County, California established by the U.S. Bureau of Labor Statistics for the Base Year 1982- 1984. In no event shall the application of this Section 2.1.3 result in a downward adjustment to then-current fees to which this section is applicable.
2.2 Payment Terms
2.2.1 Invoices to City. Company shall render invoices to City for the Initial Set-Up Charge and City Rate Change Charge which shall be paid by City within forty-five (45) days of 10754561 4
6 120
receipt, unless City files a written objection to the charges. Invoices shall be sent to the City at the address set forth in Section 2.2.4. In the case of written objection by City, the Parties shall meet and confer and attempt to settle the matter. Failing that, the matter shall, at the option of either of the Parties, be finally settled by arbitration before Judicial Arbitration and Mediation Service ("JAMS") or, with the agreement of both parties, by the American Arbitration Association ("AAA"). The arbitration shall be conducted expeditiously in accordance with JAMS's Streamlined Arbitration Rules and Procedures (or, upon the consent of both parties where more formal procedures are desired, with JAMS's Comprehensive Arbitration Rules and Procedures or with AAA's Commercial Arbitration Rules). The place of arbitration shall be Los Angeles, California. The arbitration of the matter shall be final and binding upon the Parties to the maximum extent permitted by law. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
2.2.2 Payment by City
(a) City shall pay to Company the amount set forth in the invoice rendered by Company to City pursuant to Section 2.2.1 within forty-five (45) days following the receipt thereof.
(b) If City fails to pay any amount set forth in Section 2.2.2(a) as provided therein, Company, in addition to any other remedies which it may have hereunder, may offset the amounts owed by City to it hereunder against any amounts which Company is required to transfer to City pursuant to Section 2.2.3.
2.2.3 Transfer of Funds and Other Payments to City.
Company shall pay City an amount equal to all Sewer/Rubbish/Street Sweeping Fees billed during any billing period regardless of whether the Company has collected all or any part of said Sewer/Rubbish/Street Sweeping Fees, within forty-five (45) days of billing said Sewer/Rubbish/Street Sweeping Fees. Company shall deduct the Per Bill Rendered Charge, the Allowance for Uncollectible Accounts, any refunds due Customer for such billing period and any amount that City may owe Company pursuant to Section
1.3 or Section 2.2.2 from the amounts billed by Company and paid to City.
2.2.4 Payment Offices
(a) Payments and invoices to City shall be sent by Company to:
Finance Director
City of South Gate
8650 California Avenue
South Gate, CA. 90280
1075456.1 5
7 121
(b) Payments to Company shall be sent by City to:
Accounting Department
Golden State Water Company
630 East Foothill Boulevard
San Dimas, California 91773
2.3 Allowance for Uncollectible Accounts
2.3.1 Initial General Rate Case (GRC) Rate
The Initial GRC Rate on the date hereof is O.287 percent (0.287 %).
2.3.2 Changes in GRC Rate
The GRC Rate may be adjusted at such time as a new rate is established in a general rate case by decision of the California Public Utilities Commission.
3. TERM
3.1 Term. The term of this Agreement shall commence at 9:00 a.m. (California time) on it 20, and shall remain in filll force and effect until terminated by one of the Parties aS provided in Section 3.2.
3.2 Termination. City may terminate this Agreement with or without cause upon one huridred twenty (120) aays written notice to Compsny. Company may terminate tnis Agreement with or without cause upon one hundred twenty (120) days written notice to City.
3.3 Effect of Termination. The termination of this Agreement shall not affect the obligations of either Party to the other incurred under this Agreement prior to the date of termination. The provisions of Articles 4, 5 and 6 shall survive termination of this Agreement.
4. INDEMNIFICATION AND LIABILITY
4.1 Indetnnification
4.1.1 0f Company. City shall defend, indemnify and hold free and harmless Company and its officers, employees, agents, representatives and volunteers, from any claim, demand, damage, liability, loss, cost, expense, lien or judgment for any damage arising out of this Agreement, including the City's indemnification obligations and , any action relating to or arising from the invalidity of any ordinance with respect to the Sewer/Rubbish/Street Sweeping Fees or late charges and/or interest on such Sewer/Rubbish/Street Sweeping Fees, except in all cases where, and in proportion to the extent that, such claim, demand, damage, liability, loss, cost, expense, lien or judgment is caused by the errors or omissions of Company's officers, employees, agents, representatives or volunteers. Each of City and Company hereby acknowledge and agree that Company shall not be responsible for any claitn, demand, damage, liability, loss, cost, expense, lien or judgment for any damage arising out the invalidity of any Sewer/Rubbish/Street Sweeping Fees, late charges and/or interest thereon. 1075456.1 6
8 122
4.1.2 0f City. Company shall defend, indemnify and hold harmless the City and its officers, employees, agents, representatives and volunteers from any claim, demand, datnage, liability, loss, cost, expense, lien or judgment for any damage arising out of this Agreement arising from errors or omissions of Company's officers, employees, agents, representatives or volunteers, except in all cases where, and in proportion to the extent that, such claim, demand, damage, liability, loss, cost, expense, lien or judgment is caused by the errors or omissions of City's officers, employees, agents, representatives or volunteers. Each of City and Company hereby acknowledge and agree that City shall not be responsible for any claim, demand, damage, liability, loss, cost, expense, lien or judgment for any damage arising out of Company's public utility activities, unless that damage is directly caused by City's breach of this Agreement, in which case the provisions of Section 4.1.1 shall apply.
4.1.3 General Principles
(a) In case of joint or concurring negligence of the Parties, each shall have full right of contribution from the other.
(b) Neither Party shall be indemnified for its inability to perform or for any matter resulting from its sole negligence or willful misconduct. (c) Nothing contained in this Section 4.1 shall be construed or deemed to prevent either Party from defending any action or claim by using all legitimate defenses which it may have, including alleging the negligence, misfeasance, malfeasance or nonfeasance of the other.
(d) The provisions of this Section 4.1 shall not relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy.
4.2 Limitations on Liability
4.2.1 Limitation on Damages
(a) Subject to each Party's right to indemnification as provided in Section 4.1, each Party hereby waives any claim, demand or right to reimbursement for consequential, indirect, special, punitive or similar damages arising out of, relating to or resulting from its performance or failure to perform, either directly or indirectly, any of its obligations hereunder.
Nothing in this section is intended or shall operate as a waiver of any claim for recovery of the Sewer/Rubbish/Street Sweeping Fee, including any delinquent or late charges. (b) In carding out any of the provisions of this Agreement or in exercising any authority hereunder, except in the case of fraud, theft, misappropriation of funds, and/or criminal wrongdoing, there shall be no personal liability upon any officer, director or employee of the Company or any official or employee of City.
4.2.3 Responsibility for Refunds. In the event that City agrees, is ordered or is otherwise required to refund all or any portion of any Sewer/Rubbish/Street Sweeping Fee, it shall be the sole responsibility of the City to refund such Sewer/Rubbish/Street Sweeping Fee, 1075456.1 7
9 123
and Company shall have no liability therefore. Company hereby agrees to assist City upon request in the calculation or verification of such refunds, distributing refiinds, providing Customer Information or providing data processing assistance with respect thereto, provided City agrees to reimburse Company for all actual costs which it may incur with respect to providing such assistance, including reasonable allocated overhead expenses, and overtime pay to the extent incurred in connection with providing such assistance.
4.2.4 No Limitation on Legal Rights. Nothing contained in this Article 4 shall be constnied or shall be deemed to, in any manner, limit any rights which Company may have under any statute, nile or regulation with respect to the services that Company is providing to City hereunder, including, without limitation, all rights granted to it under Section 799 of the California Public Utilities Code.
5. CONFIDENTIAL INFORMATION
5.1 Definition of Confidential Information. "Confidential Information" means, with respect to the Company, the Customer Information set forth in Section 1.2(a), (c) and (d). "Confidential Information" means, with respect to the City, the Customer Information set forth in Section 1.2(b) and (d)-(g).
5.2 0bligation to Keep Confidential Information Confidential. With regard to the Confidential Information (oral, written or both), each Party agrees that, except as otherwise provided herein, the Confidential Information of the other Party shall not be disclosed to any third party or used in any manner other than in connection with performing its obligations hereunder, without the prior written consent of the other. Each Party further agrees:
(a) Not to use or exploit the Confidential Information or disclose the Confidential Information of the other Party to any Person, except for purposes of performing its obligations hereunder;
(b) To inform each of its officials, officers, directors, employees, agents and representatives to whom Confidential Information may be disclosed of the terms of this Section 5;
(c) To be responsible for the breach by any of its officials, officers, directors, employees, agents and representatives of any of its obligations hereunder; and
(d) Not to disclose the Confidential Information of the other Party, to any Person, other than its officials, officers, directors, employees, agents and representatives to whom it is deemed necessary to disclose such Confidential Information for proper business purposes, without the prior written consent of the other, which consent may be conditioned on the execution of a confidentiality agreement containing provisions similar to those set forth herein.
5.3 Exclusions. Notwithstanding the foregoing, either Party may disclose Confidential Information pursuant to the order or requirement of a court, administrative agency, or other 1075456.1 8
10 124
governmental body pursuant to applicable law, as otherwise provided by law, or pursuant to the written consent of the Customer.
5,4 Acknowledgments. The Parties agree that in the event of any breach or threatened breach of these confidentiality requirements, either Party shall be entitled to seek specific performance of these provisions.
6. GENERAL CONDITIONS
6.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
6.2 Attorney Fees. If any suit or other action or proceeding is brought to enforce the terms of this Agreement, the prevailing Party in such action shall be entitled to recover reasonable attorney fees and costs in such amounts as may be established by a court or arbitrator and not a Jut's.
6.3 Entire Agreement. This Agreement embodies the entire agreement between the Parties and supersedes all prior and contemporaneous oral or written agreements, representations and understandings, if any, relating to the subject matter hereof.
6.4 Amendments; Waivers. This Agreement may be amended only by agreement of the Parties in writing. No waiver of any provision of, nor any consent to any exception to the terms of this Agreement shall be effective, unless in writing and signed by the Party to be bound and then only for the specific purpose, extent and instance so provided. No failure on the part of any Part-y to exercise or delay in exercising any right hereunder shall be deen-ied a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
6.5 Warranty of Authority. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to so bind.
6.6 Headings. Headings are for the convenience of reference only and shall in no way affect the interpretation of this Agreement.
6.7 No Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties, and nothing in this Agreement, express or implied is intended to or shall confer upon any Person any right, benefit or remedy of any kind whatsoever.
6.8 Interpretation. Both City and Company jointly drafted this Agreement. In the event of an ambiguity in the Agreement, the Agreement shall not be interpreted against either party solely because of their involyement in said drafting.
6.9 Notices. Any notice hereunder shall be deemed sufficient if given by one Party to the other in writing and either delivered in person, transmitted by facsimile or deposited in the United States mail in a sealed envelope, certified and with postage and postal charges prepaid, and addressed as follows:
1075456.1 9
11 125
City: City Manager
City of South Gate
8650 California Avenue
South Gate, CA. 90280
Facsimile: 323-569-2678
With a courtesy copy City Clerk
to: FinanceDirector
8650 California Avenue
South Gate, CA. 90280
Facsimile: 323-569-2678
Company: Customer Service Center Manager
Golden State Water Company
460 Foothill Boulevard
San Dimas, CA 91773
Facsimile: 909-394-3768
or to such other address or to such other person as either party shall have last designated by such notice to the other Party. The effective date of such notice shall be the earlier of the date of actual receipt or three days following deposit in the United States mail.
6.10 Counterparts. This Agreement may be executed in counterparts, each of which, when so executed shall be deemed an original, and by facsimile signature, but all such counterparts together shall constitute but one and the same Agreement, but the Parties agree that the Agreement on file iri t%e office cf City's City Clerk is the version of the Agreement tnat shaii take precedence should any differences exist among counterparts of the document.
IN WIThJESS WHEREOF, the Parties do hereby agree to the foregoing covenants, terms and conditions of this Agreement dated as first set forth above.
CITY OF SOUTH GATE
By: ] (! k" €";b
Henry C. Gonzalez, Mayor
ATTEST:
Name: Roland S. Tanner
Title: Vice President, Customer Support
Services
kl-(,-
50kn i fr V f - 7,tan a-u; 4 C'7-o
APPROVED S TO FORM:
lSalinas, City Attomey
i075456.1
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Street Sweeping"'
Single-Family Residential
Multi-Family Residential
Commercial/Industrial
Sewer*
Exhibit A
2.48/mo
1.49/mo
6.20/mo
residential, commercial or industrial: $/0.34/100 c.f. of water consumption * Rates are adjusted by 3% annually effective July 1st
Residential refuse rates:
101 gallon bin
Senior rate
Extra bin
64 gallon bin
Senior rate
Extra bin
15.44 /mo
10.40 /mo
9.93 /mo
14.00 /mo
8.98 /mo
6.92 /mo
LateFee: 5.84
All other bin services (special sizes) are billed directly by Waste Management.
Commercial/industrial refuse rates are billed directly by Waste Management.
Fees are adjusted annually in July by a negotiated amount with Waste Management. 1075456 I lI
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CITYMANAGER'S OFFICE Item No. 8
DEC 05 2022
Cf:vbhvw C'dy of South Gate
CITY COUNCIL
AGENIDA IBI[LL
For the Regular Meeting of: December 13, 2022
Ori a a Department: Public Works
SUBJECT: AGREEMENT WITH SEQUEL CONTRACTORS, INC., FOR THE
CONSTRUCTION OF THE CITYWIDE RESIDENTIAL RESURFACING PROJECT, PHASE I, II AND III, CITY PROJECT N0. 662-ST, THE CITYWIDE SIDEWALK IMPROVEMENT PROJECT, PHASE VIII, CITY PROJECT NO. 659-ST, AND THE WATER MAIN REPLACEMENT, CITY PROJECT NO. 689-WTR ("RESIDENTIAL RESURFACING PROJECT")
PURPOSE: Award of agreement for construction of certain residential streets, sidewalk locations and water main replacement to Sequel Contractors, Inc., ("Sequel"). The projects were publicly advertised for construction under one Notice of Inviting bids, to construct the project via one construction contract. Bids have been received and Sequel was the low bidder. Staff is recommending awarding a construction contract to Sequel.
RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a finding determining the Residential Resurfacing Project as categorically exempt under Title 14 of the California Code of Regulations, Section 15301 and the projects are categorically exempt under Existing Facilities Section 15301 Class (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (including road grading for the purpose of public safety) and to be categorically excluded under Section 326 of amended Chapter 3 of Title 23, United States Code (23 U.S.C. § 326) without significant impacts on the environment as defined by the National Environmental Policy Act (NEPA);
b. Approving an Agreement with Sequel Contractors, Inc., to construct the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST, the Citywide Sidewalk Improvement, Phase VIII, City Project No. 659-ST, and the Water Main Replacement, City Project No. 689-WTR, in an amount not-to-exceed $7,805,605, inclusive of the $6,003,137 Base Bid and $1,802,468 in Additive Alternate Bid improvements;
c. Authorizing the City Manager to approve up to a cumulative amount not-to-exceed $780,000, or 10 percent, in contract change orders to avoid delaying construction and payment of invoices involving change order work;
d. Transferring $990,000 in Senate Bill 1 Funds from the Citywide Sidewalk Improvement, Phase IX, City Project No. 698-ST, Account No. 311-790-39-9481 to Account No. 311- 790-39-9480 to fund sidewalk improvements on Missouri Avenue, Indiana Avenue, 1 128
South Gate Avenue, and Madison Avenue as a part of the Citywide Sidewalk Improvements, Phase VIII, City Project No. 659-ST fund; e. Transferring $287,000 in Senate Bill 1 Funds from the Residential Resurfacing Project, Phase IV, Account No. 311-790-31-9598, to Account No. 311-790-31-9583 to fund pavement improvements on South Gate Avenue and Madison Avenue as a part of the Residential Resurfacing Project, Phase II, City Project No. 662-ST; f. Appropriating $180,000 in Measure R Funds to Account No. 311-790-31-9582 to fund pavement improvements on Indiana Avenue as a part of the Residential Resurfacing Project, Phase I, City Project No. 662-ST;
g. Appropriating $170,000 in Measure R Funds to Account No. 311-790-31-9583 to fund pavement improvements on Madison Avenue as a part of the Residential Resurfacing Project, Phase II, City Project No. 662-ST;
h. Approving the Notice of Exemption for the construction of the Residential Resurfacing Project and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office; and
i. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. The subject projects are proposed to be budgeted in the amount of $11,699,509 (Project Budget) as summarized in Attachment "E." The Project Budget includes, (a) a total proposed transfer of $1,277,000 in Senate Bill 1 funds, (b) a total proposed appropriation of $350,000 in Measure R Funds, and (c) $850,000 in Senate Bill 1 Funds that will be appropriated in Fiscal Year 2023/24, to Account No. 311-790-31-9582 (Capital Projects Fund - RRP Phase I, City Project No. 637-ST) as a part of the FY2023/24 Budget Process. The appropriations and budget transfers are necessary to increase the budget to rehabilitate additional streets. The proposed Agreement is in the amount of $7,805,605, which is proposed to be funded as surnrnarized below.
Project/Account No. SB 1 Funds Measure M Water Funds Measure R Total RRP PhaseI
311-790-31-9582
$1,779,544 $350,000 $2,703,660 $180,000 $5,013,204
RRP Phase II
311-790-31-9583
$781,754 $126,396 $908,150
RRP Phase III
311-790-31-9586
$702,138 $702,138
Sidewalk Phase VIII
311-790-39-9480
$1,182,113 $1,182,113
Total $4,445,549 $350,000 $2,703,660 $306,396 $7,805,605 ANALYSIS: The Residential Resurfacing Project is a multi-year project which will begin construction this fiscal year and be completed in Fiscal Year 2023/24. The individual projects that make up the Residential Resurfacing Project are included in the FY 2022/23 Adopted Budget in the amount of $10,849,509 and is budgeted in the Fiscal Year 2022/23 CIP Budget.
An additional $850,000 in Senate Bill l Funds will be requested to be programmed during the FY2023/24 Budget Process to fully fund the $11,699,509 Project Budget. These monies will come from next year's allocation of the Senate Bill 1 funds that the City receives annually from the state which is estimated at $1.825 million in the 5-Year CIP. 2 129
The contract proposed for the Residential Resurfacing Project was procured through a competitive bid process. The bids requested included a "Base Bid" and an "Additive Bid", for each project. The lowest bidder was required to be determined based on the lowest amount of the sum of the Base Bids. Sequel submitted the lowest responsible and responsive Base Bid and is, therefore, deemed to be the low bidder. A summary of the bids received is provided in the table below. The bid analysis may be reviewed in Attachment "C." The bid package was organized to reflect the budget. The Base Bid included a list of streets within budget. The proposed contract will include the streets in the Base Bid which are listed below for a total of $6,003,137.
Base Bid Streets
Street Name Segment Budget
Iowa Avenue Alameda Street to Madison Avenue $454,434 Illinois Avenue Alameda Street to State Street $454,434 Ohio Avemie Alameda Street to Long Beach Boulevard $454,434 Kansas Avenue Alameda Street to Long Beach Boulevard $2,217,694 Beaudine Avenue Firestone Boulevard to Glenwood Avenue $217,888 Glenwood Place Calden Avenue to Santa Fe Avenue $217,888 Evergreen Avenue Ardmore Avenue to Glenwood Avenue $217,888 Independence Avenue South Gate Avenue to Virginia Avenue $276,026 Elizabeth Avenue Independence Avenue Santa Ana Avenue $276,026 Virginia Avenue Firestone Boulevard Santa Ana Avenue $276,026 Cherokee Avenue Independence Avenue Santa Ana Avenue $940,400 Grand Total: $6,003,137
The bid package included an Additive Alternate Bid which included streets that exceeded the budget. The total bid received was $3.4 million. The bid received was below budget by 10% and below the other contractors. Considering the favorable bid, staff is recommending transferring funds from the Citywide Sidewalk Improvements Phase IX Project and the Residential Resurfacing Project Phase IV, as well as appropriating $850,000 in SB l Funds that would have otherwise been requested to be appropriated to the Residential Resurfacing Project Phase IV to the subject construction contract to fund additional street improvements, for a grand total of $1,802,468. If approved, the following streets will be included and excluded from the project.
Additive Alternate Streets To be Included in the Construction Ccmtract Street Name Segment Budget
Missouri Avenue Alameda St to Long Beach Blvd. $550,918 Indiana Avenue Alameda St to Madison Ave. $662,944
South Gate Avenue Firestone Blvd. to Liberty St. $370,312 Madison Avenue Independence Ave. to Liberty Ave. $218,294 Grand Total $1,802,468
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The Residential Resurfacing Project budget has a construction contingency of ten percent, for a total of $780,000. The contingency serves to fund any additional costs that may arise during the course of construction, such as to address unforeseen conditions. To minimize construction delays under a tight schedule, staff recommends that the City Council authorize the City Manager to approve up to $780,000 in contract change orders.
BACKGROUND: The 5-Year Capital Improvement Program provides funding annually for street and water system improvements on residential streets under the following annual projects:
(a) Citywide Residential Resurfacing (RRP) Project, (b) Citywide Sidewalk Improvements (Sidewalk Improvements) Project, and (c) Water Main Replacement (Water Improvements) Project. These projects propose improvements to rehabilitate road pavements, fix sidewalks, and upgrade aging water main on residential streets. Staff is proposing to implement these projects under one consolidated project (Residential Resurfacing Project). This approach l) ensures that both the road pavement and sidewalk issues are addressed at the same time, 2) minimizes disruption to residents and motorists on the same street that would otherwise be caused by having more than two independent construction projects, 3) provides for efficiency in project management, and 4) encourages more competitive costs. Staff recornrnends awarding an agreement to Sequel to construct under one package for the Residential Resurfacing Project.
The proposed contract was procured through a competitive bid process. On September 6, 2022, staff advertised the Notice Inviting Bids for construction in the Daily Journal. The Project was also advertised on the City's website and Ebidboard. On October 25, 2022, five bids were received and opened by the City Clerk in a public forum. After completion of the bid analysis, Sequel was confirmed to be the lowest responsible bidder and their bid was confirmed to be responsive. Sequel's Total Bid Amount consisted of $6,003,137 for $1,817,735 Bid Schedule "A" (Phase I), $653,664 for Bid Schedule "B" (Phase II), $828,078 for Bid Schedule "C' (Phase III), $1,763,260 for Bid Schedule "D" (Kansas Avenue Water Main), and $940,400 for Bid Schedule "E" (Cherokee Avenue Water Main). The summary of the bids is as follows:
Contractor Phase I to III, and
SW Ph. 8 Base Bid
Water Main
Base Bid
Total Base
Bid
Phase I to In, and
SW Ph. 8 Additive Bid
Sequel, Santa Fe
Springs
$3,299,477 $2,703,660 $6,003,462 $3,432,7 40
Sully-Miller
Contracting, Brea
$4,148,513 $2,867,127 $7,015,6391 $6,144,361
Palp/Excel Paving,
Long Beach
$3,911,666 $4,511,564 $8,423,2301 $3,953,890
Toro Enterprises,
Oxnard
$4,492,938 $4,098,333 $8,591,271 $4,443,427
All American AC,
Corona*
$5,533,6317 $2,655,369 $8,189,0006 $5,758,299
Engineer's Estimate $3,821,667 $3,104,779 $6,926,446 $3,417,415 *Corrected bid amount
The Engineer's estimate was $6,926,446 and the actual bid was under by $923,309. The low bid is $1.64 million lower than the average bid received. 4 131
Sequel is based in Santa Fe Springs, California. They have been in business for 30 years. Staff contacted the references who provided positive input, however, advised to carefully manage change order requests. The company has the capacity and experience to perform the work required under the bid solicitation.
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Residential Resurfacing Project was categorically exempt under Title 14 of the California Code of Regulations, Section 15301. The projects were also categorically exempt under Existing Facilities Section 15301 Class (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). In addition, the projects were also determined to be categorical exclusions under Section 326 of amended Chapter 3 of Title 23, United States Code (23 U.S.C. Eg 326) without significant impacts on the environment as defined by the National Environmental Policy Act (NEPA).
Construction is expected to begin in January 2023 and be completed in Fall 2023.
ATT ACHMENTS: A.
B.
C.
D.
E.
Proposed Agreement
Location Map
Bid Analysis
Notice of Exemption
Budget Summary
KT:lc
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Attachment A
AGREEMENT FOR THE CONSTRUCTION OF THE CITYWIDE
RESIDENTIAL RESURFACING PROJECT, PHASE I, II AND III, CITY PROJECT NO. 662-ST, THE CITYWIDE SIDEWALK IMPROVEMENT PROJECT, PHASE VIII, CITY PROJECT N0. 659-ST, AND THE WATER MAIN REPLACEMENT, CITY PROJECT NO. 689-WTR (THE
RESIDENTIAL RESURFACING PROJECT)
This Agreement for construction ("Agreement") of the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST, the Citywide Sidewalk Improvement, Phase VIII, City Project No. 659-ST, and the Water Main Replacement, City Project No. 689-WTR ("Residential Resurfacing Project") is made and entered into on December 13, 2022, by and between the City of South Gate ("Owner"), and Sequel Contractors, Inc., a California corporation - corporate number C1677728 ("Contractor"). The Owner and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." The Owner and the Contractor mutually agree as follows:
ARTICLE I
THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner to perform and complete in good and workmanlike maru'ier all work required by the Contract Documents for City Contract No. , which involves the following project: The Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST, the Citywide Sidewalk Improvement, Phase VIII, City Project No. 659-ST, and the Water Main Replacement, City Project No. 689-WTR ("Residential Resurfacing Project").
Said work shall be performed in accordance with the Contract Documents, which are referenced in Article III hereof and incorporated herein as though 'fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner.
ARTICLE II
CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefore, the contract sum shall not exceed Seven Million Eight Hundred Five Thousand Six Hundred and Five Dollars ($7,805,605) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, delivery, overhead, expenses and any and all other things required, :turnished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.
Page l of 15
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ARTICLE III
CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Bid Schedule(s), the Bid Security Forms for Check or Bond, this Agreement, Worker's Compensation Insurance Certificate, the Non-Collusion Affidavit, the Specifications, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents.
These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.
ARTICLE IV
INDEMNIFICATION
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City of South Gate), the City of South Gate, its consultants and sub-consultants, their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the Contract. Supplier's obligation to indemnify, defend and save harmless the City of South Gate, its consultants and sub-consultants, and their respective officers, agents and employees, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, its consultants and sub-consultants and their respective officers, agents, and employees, in coru'iection with any such claims, losses, lawsuits or actions.
THIS PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES
AND DELIVERY OF MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT
ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each cra'ft, classification, or type of workman needed to execute this contract.