SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, January 24, 2023 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: 846 1409 5687
HTTPS://US02WEB.ZOOM.US/J/84614095687
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Maria del Pilar Avalos, Mayor
INVOCATION:
Steve Costley, Acting Director of Parks & Recreation
PLEDGE OF ALLEGIANCE:
Norma Cardenas Frank, newly promoted Senior Code
Enforcement Officer
ROLL CALL:
Yodit Glaze, City Clerk
City Officials
MAYOR CITY CLERK
Maria del Pilar Avalos Yodit Glaze
VICE MAYOR CITY TREASURER
Gil Hurtado Jose De La Paz
COUNCIL MEMBERS CITY MANAGER
Joshua Barron Chris Jeffers
Maria Davila
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
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
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 $790 monthly regardless of the amount of meetings.
Proclamations, Certificates, Introductions And Ceremonial Actions
1. Introduction of new and promoted employees
The City Council will consider receiving and filing the list of new and promoted full-time
employees hired or promoted during November and December 2022. (ADMIN SVCS)
Documents:
Item 1 Report 01242023.pdf
Public Hearings
2. Ordinance amending CALPERS adding cost sharing program for SGPMA
The City Council will consider waiving the reading in full and introducing an Ordinance
authorizing an amendment to the contract between the City and the Board of 2 Administration of the California Public Employees' Retirement System implementing Section 20516 (Employees Sharing Additional Cost) to provide employee cost sharing of 2% for classic local police members in the South Gate Police Management Association. (ADMIN SVCS)
Documents:
Item 2 Report 01242023.pdf
3. Preferential Parking District on San Jose Avenue from Cherokee Avenue to Sequoia Drive
The City Council will consider: (PW)
a
.
Waiving the reading in full and adopting a
Resolution
approving and establishing a
Preferential Parking District on San Jose Avenue from Cherokee Avenue to Sequoia Drive
to prohibit parking between the hours of 7:00 PM to 2:00 AM; b
.
Directing the Public Works Department to install parking restriction signage within 90 days
of the approval of the Resolution;
c
.
Directing the City Clerk to notify the property owners on San Jose of the January 24, 2023,
voting results; and
d
.
Appropriating $3,000 in Gas Tax Funds to install the parking restrictions.
Documents:
Item 3 Report 01242023.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to 3 comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
and
15 are Consent Calendar Items. All items
including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
4. City Council Appointments to the various City Commissions, Committees and Boards
The City Council will consider: (CM)
a
.
Ratifying the nomination by City Council Member Joshua Barron of Ms. Daisy Prieto to
the Planning Commission; and
b
.
Ratifying the request by Mayor Avalos to unappoint Ms. Liz Ruiz of the Parks & Recreation Commission and accept the nomination of City Council Member Joshua Barron of Ms. Liz Ruiz to the Parks & Recreation Commission; and c
.
Ratifying the nomination by Vice Mayor Gil Hurtado of Ms. Andrea Martinez to the Citizens Advisory Committee.
Documents:
Item 4 Report 01242023.pdf
5. Addendum No. 1 to Resolution No. 2021-61-CC approving the FY 2022/23 Transfer Agreement No. 2021RPLLAR05 with LACFCD for Safe Clean Water Program funds (Measure W)
The City Council will consider: (PW)
a
.
Approving Addendum No. 1 to Resolution 2021-66-CC relating to the Transfer Agreement No. 2021RPLLAR05 between the City and the Los Angeles County Flood
Control District for the Safe, Clean Water Program - Regional Fund Program ("Transfer
Agreement") to receive the Fiscal Year 2022/23 funding allocation of $2.2 Million
awarded for the Urban Orchard Project;
b
.
Appropriating the $2.2 Million in Measure W Funds to be transferred to the Urban Orchard Project and authorizing the Director of Administrative Services to make any budget adjustments needed to carry out this recommended action c
.
Authorizing the Mayor to sign Addendum No. 1; and
d
.
Authoring the City Manager to execute and submit all other documents pertaining to Addendum No. 1.
4 Documents:
Item 5 Report 01242023.pdf
6. Amendment No. 2 to Contract No. 2022-52-CC with MV Cheng & Associates for temporary staffing services
The City Council will consider: (ADMIN SVCS)
a
.
Approving Amendment No. 2 to Contract No. 2022-52-CC with MV Cheng & Associates through June 30, 2023, for temporary professional staffing services in an amount not-to-exceed $76,800; and
b
.
Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 6 Report 01242023.pdf
7. Amendment No. 2 to Contract No. 3218 with Bank of the West extending banking services
The City Council will consider: (ADMIN SVCS)
a
.
Approving Amendment No. 2 to Contract No. 3218, Professional Services Agreement with Bank of the West, extending the banking services contract for an additional one (1) year through December 31, 2023, and
b
.
Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 7 Report 01242023.pdf
8. Amendment No. 6 to Contract No. 3352 with Trust for Public Land for additional work required for the Urban Orchard, City Project No. 539-PRK
The City Council will consider: (PW)
a
.
Approving Amendment No. 6 to Contract No. 3352 with The Trust for Public Land to fund
additional engineering services required to comply with Los Angeles County Department of
Health requirements and to extend the contract term to December 31, 2023 for the Urban
Orchard Project, City Project No. 539-PRK, in an amount not to exceed $250,000;
b
.
Authorize the Mayor to execute Amendment No. 6 in a form acceptable to the City Attorney.
Documents:
Item 8 Report 01242023.pdf
5 9. Agreement with Z&K Consultants, Inc., for construction management and inspection services for the East Alameda Street Sidewalk Improvements Project,
City Project No. 660-ST
The City Council will consider: (PW)
a
.
Approving an Agreement with Z&K Consultants, Inc., for construction management and
inspection services for the East Alameda Street Sidewalk Improvements Project, City
Project No. 660-ST, in an amount not-to-exceed $110,442; b
.
Appropriating $130,442 in Measure R Funds to Account No. 311-790-31-9584 to fund
construction management and inspection services inclusive of a $20,000 contingency; and
c
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 9 Report 01242023.pdf
10. Agreement with Sequel Contractors, Inc., for construction of the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST
The City Council will consider: (PW)
a
.
Approving an agreement with Sequel Contractors, Inc., to construct the East Alameda
Street Sidewalk Improvements Project, City Project No. 660-ST ("Agreement"), in an
amount not-to-exceed $903,361, inclusive of the $493,157 Base Bid and $410,204
Additive Alternative Bid;
b
.
Authorizing the City Manager to approve contract change orders up to a cumulative amount of $100,000 to avoid delaying construction and payment of invoices involving
change order work;
c
.
Appropriating $544,894 in Measure R Funds to fully fund the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST; d
.
Approving the Notice of Exemption under Title 14 of the California Code of Regulations,
Section 15301 of the California Environmental Quality Act ("CEQA") for the
construction of the East Alameda Street Sidewalk Improvements Project, City Project
No. 660-ST and directing the City Clerk to file it with the Los Angeles County Registrar
Recorder's Office; and
e
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 10 Report 01242023.pdf
11. Agreement with KOA Corporation for construction monitoring and inspection services for the Traffic Signal improvements at the intersection of Atlantic Avenue/Chakemco Avenue/Wright Road
The City Council will consider: (PW)
6 a
.
Approving an Agreement with KOA Corporation ("Agreement") for construction monitoring and inspection services necessary to oversee traffic signal improvements
taking place at the intersection of Atlantic Avenue with Chakemco Avenue and Wright
Road, in an amount not-to-exceed $70,200; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 11 Report 01242023.pdf
12. Agreement with ENL Building Service, Inc., for the construction of the South Gate Police Department Detective Bureau Remodel Project, City Project No. 642- GEN
The City Council will consider: (PW)
a
.
Approving an Agreement with ENL Building Services, Inc. ("Agreement"), for the construction of South Gate Police Department Detective's Bureau Remodel Project, City
Project No. 642-GEN ("Project"), in the amount not-to-exceed $185,045; b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney;
c
.
Approve a purchase order with Western Office to purchase office furniture for the project
through the OMNIA Partners cooperative purchase program, for an amount not to exceed
$113,390;
d
.
Authorizing the City Manager to execute the documents necessary to purchase the furniture in a form acceptable to the City Attorney; and e
.
Approving the Notice of Exemption under Title 14 of the California Code of Regulations,
Section 15301 of the California Environmental Quality Act ("CEQA") for the
construction of the South Gate Police Department Detective's Bureau Remodel Project, City Project No. 642-GEN and directing the City Clerk to file it with the Los Angeles County Recorder's Office.
Documents:
Item 12 Report 01242023.pdf
13. Change Order No. 1 to Contract No. 2022-84-CC with NR Development, Inc., for the Hollydale Community Park, City Project No. 607-PRK
The City Council will consider: (PW)
a
.
Approving Contract Change Order No. 1 to Contract No. 2022-84-CC with NR Development, Inc., to supplant the construction of decomposed granite with rubber surfacing for the perimeter pathway on the Hollydale Community Park, City Project No. 607-PRK, in a net amount of $55,365.12;
b
.
Authorizing the Assistant City Manager/Public Works Director to execute Change Order No. 1;
c
.
Authorizing the City Manager to approve contract change orders up to a cumulative 7 amount of $400,000 to avoid delaying construction and payment of invoices involving change order work; and
d
.
Authorizing the City Manager to approve pre-payments of construction progress payments for the construction contract to meet compliance with state legislation that requires payments within 30 days.
Documents:
Item 13 Report 01242023.pdf
14. Grand Deed for Right-Of-Way Dedication at 9830 Atlantic Avenue for street purposes from GSI South Gate Owner, LLC
The City Council will consider: (PW)
a
.
Accepting a Grant Deed from GSI South Gate Owner, LLC., to secure right-of-way for street purposes as part of the development located 9830 Atlantic Avenue, at no cost to the City; and
b
.
Authorizing the Mayor to execute the Certificate of Acceptance in a form acceptable to the City Attorney.
Documents:
Item 14 Report 01242023 .pdf
15. Minutes
The City Council will consider approving: (CLERK)
a
.
The Regular Meeting minutes of October 11, 2022;
b
.
The Special and Regular Meeting minutes of October 25, 2022; c
.
The Special Meeting Closed Session minutes of November 10, 2022 ;
d
.
The Special Meeting minutes of November 10, 2022; and
e
.
The Special Meeting minutes of November 29, 2022.
Documents:
Item 15 Report 01242023.pdf
Reports, Recommendations And Requests
16. Virginia Johnson recognition
The City Council will consider whether the City should provide a special recognition in honoring Ms. Virginia Johnson for her 20-years of civic engagement of through her attendance at City Council meetings and public comment participation during those meetings. (CM)
Documents:
Item 16 Report 01242023.pdf
8 17. FY 2021-22 Audited Annual Comprehensive Financial Report and Presentation
The City Council will consider receiving and filing the City of South Gate Fiscal Year ended June 30, 2022, annual audit, and the Annual Comprehensive Financial Report ("ACFR"). No formal council action is required. (ADMIN SVCS) Documents:
Item 17 Report 01242023.pdf
18. Warrant register for January 24, 2023
The City Council will consider approving the Warrant Register for January 24, 2023. (ADMIN SVCS)
Total of Checks: $2,204,744.22 Less: Voids $ (8,075.50) Less: Employee Payroll Deductions
$ (345,865.23)
Grand Total: $1,850,803.49
Cancellations: 99458, 99672
Documents:
Item 18 Report 01242023.pdf
Adjournment
Adjournment in memory of Virginia Johnson, Citizens Advisory Committee member and Steve Masushige, son of Sylvia Masushige, long-time South Gate residents.
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on January 19, 2023, at 12:40 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
9 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 document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 Item No. 1
City of South Gate
CITY COUNCIL
AGENDA JE3NLL
For the Regular Meeting of: January 24, 2023
Originating Depa ment: Administrative Services
/,
Humarx Resources Director: - Ciffl Manager:
iton ';'r)s,z4ers
SUBJECT: INTRODUCTION OF THE NEW AND PROMOTED FULL-TIME EMPLOYEES HIRED IN THE MONTHS OF NOVEMBER AND DECEMBER 2022 PURPOSE: To introduce to the City Council the newly hired and promoted full-time employees in the months of November and December 2022.
RECOMMENDED ACTION: The City Council will consider receiving and filing the list of new and promoted full-time employees hired or promoted during November and December 2022.
FISCAL IMPACT: None
ANALYSIS: None
BACKGROUND: The following is a list of new and promoted full-time City employees who were hired or promoted in the months of November and December 2022:
Employee Title Department Division
Original
Hire
Date
Promo
Date
Promoted
From
Norma Frank Senior Code
Enforcement
Community
Development
Code
Enforcement
10/28/02 11/20/22 Code
Enforcement
Officer
Steven Frank Code
Enforcement
Officer
Community
Development
Code
Enforcement
01/03/22 12/05/22 Code
Enforcement
Officer
Hourly
Orlando Ochoa Senior
Grounds
Maintenance
Worker
Parks &
Recreation
Maintenance 09/22/08 11/7/22 Street
Maintenance
Worker
11 Aaejandro Garcia Lead
Electrician
Public Works Electrical 02/23/15 12/5/22 Electrician n Carlos Casian Graffiti
Removal
Worker
Public Works General
Maintenance
12/5/22
Jon Hamilton Director of
Human
Resources
Human
Resources
Human
Resources
12/19/22
ATT ACHMENT: PowerPoint Presentation
2 12
INTRODUCTION OF THE
CITY'S NEW & PROMOTIONAL
FULL-TIME EMPLOYEES
13 14
Norma Frank
Senior Code Enforcement Officer
Community Development
PromotionDate: 11/20/22
Original Hire Date: 10/28/02
15 Steven Frank
Code Enforcement Officer
Community Development
Promotion Date: 12/05/22
Original Hire Date: 1/03/22
I FQA)IK
CODE thioq.(dOFFICER
16 17
Orlando Ochoa
Senior Grounds Maintenance Worker
Parks & Recreation
PromotionDate: 11/07/22
Original Hire Date: 9/22/08
18 19
Alejandro Garcia
Lead Electrician
Public Works
Promotion Date: 12/05/22
Original Hire Date: 2/23/15
20 Carlos Casian
Graffiti Removal Worker
Public Works
Hire Date: 12/05/22
'S" !I /f
21 Q
o
0 Q
22 Jon Hamilton
Director of Human Resources
Human Resources
Hire Date: 12/19/22
23 24
CITYMANAGER'S OFFICE Item No. 2
JAN 18 2023
H:A: go(v
Cil of South Gate
CITY COUNCIL
AG-ENIDA IBYLL
Department Director:
For tlie Regular Meeting of. January 24, 2023
Originating Departyent: Administrative Services
KristovherRvan C Je ers
SUBJECT: ORDINANCE AUTHORIZING AN AMENDMENT TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT TO IMPLEMENT A COST
SHARING PROGRAM BETWEEN THE CITY AND SOUTH GATE POLICE MANAGEMENT
ASSOCIATION
PURPOSE: To introduce an Ordinance authorizing and amending tlie contract with tlie California Public Employees Retirement System ("CalPERS") to in'iplement a cost sharing program between the City and the Soutli Gate Police Management Association ("SGPMA").
RECOMMENDED ACTION: Tlie City Corincil will consider waiving the reading in full and introducing an Ordinance aritliorizing an amendment to the contract between tlie City and tlie Board of Administration of the California Public Employees' Retirement System implementing Section 20516 (Employees Sharing Additional Cost) to provide en'iployee cost sharing of 2% for classic local police members in the Sorith Gate Police Management Association.
FISCAL IMPACT: The estimated savings from in'iplementing tlie cost sharing progran'i for Fiscal Year 2022-23 is $63,000.
NOTICINGREQUIREMENTS: Apublicliearingnoticewasdulypriblisliedint/xeffos,4nge7esFave, a newspaper of general circulation on Tliursday, Jamiary 12, 2023.
ANALYSIS: California retirement law allows for two types of cost sharing (where employees pay a poition of tlie employer contribution to CalPERS). Tl'ie first type of cost sliaring is by CalPERS contract amendment rinder Governn'ient Code (GC) F3 20516(a-e). In order for cost sharing to be effective under this n'iethod, CalPERS tnust first approve a contract amendment with the City. Tliis form of cost sharing is generally more favorable for employees, as the additional employee contributions are considered by CalPERS to be "normal member contributions" and are treated as pre-tax contributions. As sucl'i, tliis is tlie cost-sharing method the City is proposing.
The alternative method is cost sharing under GC F3 20516(f). Tliat metliodology is between the City and its employees only, withorit a CalPERS contract amendment. Under GC § 20516(f), the additional employee contributions effectively subsidize tlie City's CalPERS contributions and are considered as after-tax contributions.
BACKGROUND: Tlie City's current contract with CalPERS provides tl'iat all employees pay the Ml employee share toward tl'ieir retirement benefit. That contribution percentage differs based on wl'ietlier tliey are "Classic" unit members or "PEPRA" unit n'ien'ibers. During the most recent contract negotiations between the City and tlie SGPMA, an agreement was reacl'ied whereby its police management members would contribute 2% of salary toward the City's sliare of their retirement benefits. 1 25
"Classic" ruiit n'iembers worild begin contributing an additional 2% in FY 2022-23 and "PEPRA" ruiit members would begin contributing an additional 2oA in FY 2024-25. Tliat agreement was approved by the City Corincil at its July 26, 2022 meeting by tl'ie adoption of Resotution No. 2022-45-CC approving a Tentative Agreement ("TA") witl'i tlie SGPMA for tlie period of July 1, 2021- June 30, 2025.
In order to proceed with amending the City's contract witl'i CalPERS for cost sliaring, CalPERS requires a Resolution of Intention, an election of employees agreeing to the contract cliange, and adoption of an ordinance amending the City's contract with CalPERS. At its December 13, 2022 meeting, City Coruicil adopted Resotution No. 2022-72-CC declaring its intent to amend tlie contract witli CalPERS to implement a cost sharing program. Fuithermore, the SGPMA conducted a secret ballot election from December 14 - 20, 2022 and a majority of tlie members voted in favor of tlie proposed cost sliaring program. The Ceitification of Employee Election is provided as Attacl'ment D. Tl'ie final step to amend the contract is to adopt an ordinance autliorizing an amendment to tlie contract between the City and CalPERS. Today's meeting is to waive the reading in full and introduce an Ordinance autliorizing an amendment to the contract. Staff will tlien come back for final adoption of tlie Ordinance at tlie February 14, 2023 City Corincil meeting.
ATT ACHMENTS: A.
B.
C.
D.
E.
Proposed Ordinance
Resolrition No. 2022-72-CC
Resolution No 2022-45-CC
SGPMA Certification of Employee Election
Notice of %blic Hearing
2 26
ATT ACHMENT A
ORDINANCE NO.
CITY OF SOUTH GATE,
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AUTHORIZING AN .=!UVIENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
SOUTH GATE AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, 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, on December 13, 2022, City Council adopted a resolution declaring the City's intention to approve an amendment to said contract between the Board of Administration of the California Public Employees' Retirement System and the City of South Gate; and WHEREAS, the City Council held a duly noticed public hearing to consider the introduction of this Ordinance and hear public testimony on January 24, 2023.
NOW, THEREFOR, 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 correct and incorporated herein by reference.
SECTION 2. The City Council does hereby determine that an amendment to the contract between the City Council of the City of South Gate and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
SECTION 3. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, Page l of 2
27 subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect and be in force on the thirty-first (3ls5 day after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the Los Angeles Wave, a newspaper of general circulation, published and circulated in the Los Angeles County and thenceforth and thereafter the same shall be in full force and effect.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, and ADOPTED this 'h day of 2023.
CITY OF SOUTH GATE:
BY:
Maria del Pilar Avalos, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
By LA-
Raul F. Salinas, City Attorney
28 ATT ACHMENT B
e
RESOLUTION N0. 2022-72-CC
CITY OF SOUTH GATE,
LOS ANGELF,S 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
WHEREAS, the Public Employees' Retirement Law pemnits 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 goveming body of the public 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:
i
To provide Section 20516 (Employees Sharing Additional Cost) of 2% for classic local police members in the South Gate Police Management Association.
NOW, THF,REFORE, 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 certify to the adoption of this Resolution which shall be effective upon its adoption.
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PASSED, APPROVED, and ADOPTED on this 13th day of December 2022. e
CITY OF SOUTH GATE:
Maria del Pilar Avalos, Major
ATTF,ST:
B)7:
y
APPROVED AS TO FORM:
B7:
F. Salinas, City Attorney
30 A
CalPERS
EXHIBIT A
Calffomia
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Rciiiixuiul Gy'atgiu
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, hereinaffer referred to as Public Agency, having entered into a contrad effective March 1, 1949, and witnessed January 24, 1949, and as amended effective August 1, 1952, November 1, 1952, May 1, 1958, August 1, 1964, November 16, 1969, October 15, 1972, February 4, 1973, September 2, 1973, July 6, 1975, April 22, 1979, 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.
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Public Agency shall participate in the Public Employees' Retirement System from and after March 1, 1949, making its employees as hereinafier provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on eldon of a contradng agency and are not provided for herein and to all amendments to said Law hereafter enaded 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 Boam of Administration, and the Caltfomia Public Employees' Retirement Fund from any claims, demands, actions, losses, liabimies, damages, judgments, expenses and costs, including but not limffled to interest, penalties and attomey fees that may arise as a resutt of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formutas 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) bemeen Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contrad 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 parl 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 Califomia 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 refened to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).
5. In addition to the classes of employees excluded from membership by said Retirement Law, the follomng classes of employees shall not become members of said Retirement System:
32 a. PEFISON8 EMPLOYED IN THE CIASS OF CROSSING GUARD HIRED ON OFI AFTER 8EPTEMBER 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 mntract. Govemment Code Se;'tion 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975, Legislation repealed and replaoed said Sedion with Govemment Code Section 20305 effedive July 1, 1994.
The percentage of final compensation to be provided for each year of credited prtor 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 wtth Sedion 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 local miscellaneous member in employment on or after Jufy 1, 2002, shall be determined in accordance with Section 21354.5 of said Retirement Law (2,7% at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance wfflh Sdion 7522.20 of said Retirement Law (2o/o at age 62 Full).
10. The percentage Of final buiiipviibatiCiii kQ L)e provtded far each Year Of credited prior and cunent service as a classic local safety member shall be determined in acordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
11. The percentage of final compensation to be pmvided for each year of credited prior and current senice 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 Full).
12. Public Agency eleded and emcts to be subjed to the following optional provisions:
a. Sections21624and21826(Post-RetirementSurvivorAllowanoe). b. Section 20042 (One-Year Final Compensation) for classic members only.
C. Section 20614, Statutes of 1978, (Redudion of Normal Member Contribution Rate). From April 22, 1979, and until October 17, 1982, the normal local misoellaneous member contribution rate shall be 3.5% and
4.5% for local safety members. Legislation repealed said Section effective September 29, 1980.
9 33
d. Section 20690, Statutes of 1980, (To Prospedively Revoke Sedion 20614, Statutes of 1978),
e, Sedion 21024 (Military Service Credit as Public Service) for loml miscellaneous members omy.
f. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only.
g. Section 21574 (Fourth Level of 1959 Survivor Beneftts) for locai migellaneous members only.
h. Section 20903 (Two Years Additional Service Credit).
Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members only.
Section 20516 (Employees Sharing Additional Cost):
Fmm and after 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 Aduarial 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 Agenq shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Sedion 20834.
14. Public Agency shall oontribute to said Retirement System the contributions determined by aduarial valuations of prior and future service liability with resped to local miscellaneous members and local safety members of said Retirement System.
15. Public Agency shall also contribute to said Retirement System as follows:
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a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subjecttoannualchange.) lnaddRion,allassetsandliabilitiesofPublic 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 affeds the employees 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 determined by the periodic investigation and valuation required by said Retirement Law.
17. Contrtbutions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen 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 corred amount of contributions is paid for any pertod, 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 W
B. Thisamendmentsh#ffectiveonthe dayof'@
Bl osoopaouiwiaAiotv CITYCOUNCIL
PUBLIC SYSTEM CITYOFSOp-GATE
;itoo VIDES,CHIEF ;Aesi!oppia=s- - - CONTRACTS AND PREFUNDING
MPLOYEES' RETIREMENT SYSTEM
AMENDMENT CaPER8 10 #74Wfl
PERS<Th-mA
Clerk
11 35
ST ATE OF CALIFORNIA
COUNTY 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 Resolution No. 2022-72-CC was adopted by the City Council at their Special Meeting held on December 13, 2022, by the following vote:
Ayes: Council Members: Avalos, Barron, Davila, Hurtado, and Rios Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on December 20, 2022.
Yodit
City of
ity Clerk
Gate, California
e
36 ATT ACHMENT C
RESOLUTION N0. 2022-45-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TENTATIVE AGREEMENT FOR
A MEMORANDUM OF UNDERST ANDING 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 through June 30, 2008, along with yarious 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 SCrPMA 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 between the 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. e
Page I of 2
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PASSED, APPROVED and ADOPTED this 26'h day of July 2022.
CITY OF SOUTH GATE:
Bv:
Al Rios, Mayor
ATTEST:
B=y:
Yodit Glaze rty Clerk
(S )
APPROVED AS TO FORM:
BY:
Raul F. Salinas, City Attorney
gi
38 !XI{)[BIT A
iHi
TENTATIVE 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 MOLI 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 governing 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 shall jointly prepare a written memorandum of understanding." e
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. 15 39
TENTATIVE AGREEMENT
PREAMBLE
The following language shall 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 provislons of the MOUs and/or side agreements or related resolutions may have been inadvertently omitted in the comprehensive MOLI. Therefore, each party to this MOU reserves its rights to bring to the other party"s attention a provision in a prior MOU or sUll 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 in the successor MOU and replace any slmllar language from prior agreements:
This Agreement shall be effective from July 1, 2021 through June 30, 2025 (4 years) and shall 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 only after adoption by the City Council of the City 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 similar language from prior agreements:
Probatlonary 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 Civll Servlce 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 Tentative Agreement 2
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ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENTATIONS AND INFORMATION The following language shall be in the successor MOU and replace any slmilar 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 onboarding 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 Ciiy 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 name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email 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 al) bargalnlng unit employees at least once every 120 days at the Assoclatiorr"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 cornrnencing 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 payroll 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 S8250,00 in their August 18, 2022 regular paycheck as an itemized line on their pay stub.
D, Effective the first full payroll period in July 20!3 the base salary for the classifications for the represented Unlt classifications shall be increased by four percent (4%). See Appendix 42.
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 !ine 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 43.
g
G. Effective the second full payroll period in July 2024, employees still 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
17 41
Essential Worker Stipend of !>2000.00 in their regular paycheck as an itemized line on their pay stub.
BILINGUAL PREMIUM PAY
The following changes are made tO the eXisting MOU provision effective going fOntvard Onl7, and net retroactive, with the payroll period starting July 30, 2022: gi Bilingual Pay shall be increased from S125 to S190 per month.
POST CERTIFICATiON PAY
The following changes are made to the existtng 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.
Effecttve the first full payroll period in July 2022, Unit employees who have obtained or do obtain a POST Management Certificate shall receive !!)350 per month as certification pay and retain that pay through any promotion through PMA represented classifications.
The POST Certlficatlon 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 foliowing further changes are Implemented and shall be made to the successor MOU provision:
Lump sum payment of any uniform allowance shall not be made Juty 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 AL INSURANCE
The following further changes are implemented and shall be made to the successor MOU provision. 7he 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 following 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 95,000 of Term Life lnsurance and SIO0,000 Accidental Death and Dismemberment Insurance for all employees represented by the Association until age 65.
SGPMA Successor MOU 2021-25 Tentative Agreement 4
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RETIREMENT
The following further changes are implemented ana shall b'e made to the successor MOU provision:
Effective the payroll period commencing July 30, 2022 (paid August 18, 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 fuil 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 cpntract amenjment pursuant to California Government Code SeCUOn 20516(a) and the OtFler 1% COSt sharing being tmplemented 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.(jlPeRS contract amendment whereby the cost sharing may be pre-tax pursuant to qpv6rnr7ient Code sedion 20516(a).
HOLIDAYS
Veteran's Day (November 11-) shall be added to the existing MOU provision as a listed City Holiday for Association represented employees and emp!oyees shall receive an additional 10 hours of holiday pay for that new ho(iday 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:
e
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 hours 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 year in 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, Clty 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'/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 leave 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 MOLI 2021-25 Tentatlve Agreement 5
19 43
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 ernpioyees who are in the final 3 years of an eligible employee's employment before attaining the Normal Retirement Age as defined by IRS regulations and have 20 or more years with the City !:O convert accrued unused sick leave prior to retirement for the purpose of maaxifnizing ttie"employee's "Catch Llp" contributions to Deferred Compensation, as permitted by applicabJe 6rovisions of thelnternal 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 leave'conversion to deferred compensation is limited to a maximum of 1200 hundred hours for both conversion to deferred compensation and for 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 Juty 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 shall be permitted to cash out an unlimited number of accrued unused sick leave 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 emptoyee's Regular Rate of Pay as defined in this MOU.
e
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 sick leave hours balance above the combined 120C) 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.
GRIEVANCE PROCEDURES
The parties agree to retain the services of an Administrative Law Judge (ALI) through the Office of Administrative Hearings (OAH) to conduct Step 4 Grievance review and provide a written decision in place of the City's Civil Service Commission, with all other aspects of the grievance hearing remaining the same. The City and the Associatiori shall share the costs of using the ALI and OAH equally, with each side paying their share as and when required by the neutra(, 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
20 44
then the parties Shall Split the COSt Of SuCh COurt reporter. Absent alternative agreement between the parties, each party shall bear the costs of any transcript(s), if requested.
DISCIPLINARY PROCEDuRES
The parties agree to retain the services of an Administrative Law Judge (ALI) through the Office of Administrative Hearings (OAH) to conduct the disciplinary adion appeal and provide a written decision in place of the City's Civil Service Commlssion, with all other aspects of the disciplinary hearing remaining the same. The City shall bear the costs of contrading with OAH and using the ALI. City shall alSO bear the COSt Of any Court reporter, transcripts Or similar recording. No employee Shall ever be required to pay any cost of a disciplinary appeal except for their own representation and/or legal counsel.
Clty of South Gate South Gate Police Management Associdon Chris Jeffers, City Manager Carlos Corella, President
Kristopher Ryan, Director of Administrative Svcs Manuel Arana, Treasurer Nellie CObOS, Deputy Dir. Of Admin. SVCS./HR&RM Robert Wexler, Labor Counsel Colin Tanner, Labor Counsel
SGPMA Successor MOU 2021-25 Tentatlve Agreement 7
21 45
MOU APPENDIX A
RANGES, STEPS, AND JOB TITLES
Pay Plan Category f= Police ManagementAssociation
Salary tabfes with effective dates attached as follows:
Appendix Al - effective pay period starting juiy 30, 2022 Appendix A2 - effective July 1, 2023
Appendix 43 - effective July 1, 2024
SGPMA Successor MOU 2021-25 Tentative Agreement
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46 APPENDIX Al
I
SALARY PAY TABLE
PAY PLAN CATEGORY B - SOUTH GATE POLICE MANAGEMENT ASSOCIATION EFFECTIVE 07-30-2022
7.9% INCREASE
47 APPENDIX A2
SALARY PAY TABLE
PAY PLAN CATEGORY B - SOUTH GATE POLICE MANAGEMENT ASSOCIATION EFFECTIVE 07-01 -2023
4.0% INCREASE
I
24 48
APPENDIX A3
SALARY PAY TABLE
PAY PLAN CATEGORY B-SOUTH GATE POLICE MANAGEMENT ASSOCIATION EFFECTFVE 07-01-2024
4.0'VolNCREASE
49 OTY OF S€XJTH GATE i
PMACostSummary I
Rate PMA PMA PMA PMA
Item # Dascdptlon of Requested Itami Proposal Proposal Proposal Proposal I 1st Year (21-22) 2nd Year 122-23) 3rd Year (23-24} 4th Year 12425} NO. of Members
Total Salatles
19 3,664,ODD 3,947,ODD 4,113,000 4,575,000
1 % of Salary 37,000
1% ofTotal Cornp 42,000
PMA proposal:
2 Eff 7Q/2x O.O%
Eff 8/13/22 7.9% 283,000 294,000 306,000
Eff 7/1/23 4.0% 155,000 161,0 €10
Eff7/1/24 4.0% 161,000
Essential Worker Stipend: One Time Payment of 58,250, S4,000, S2,000 159,000 77,000 39,000 h CalPERS 2% (sst Share, All Emplayees {assumes 19) (63,000) (66,000) (70,000) 3 Increase blllngual pay from 51,500/person to §2,280/person lassumes 14} 11 90/mo 43,0(10 43,000 43,000 4 Hollidays: Add Veterans Day add 10 hours of holiday in lieu pay 19,000 21 ,000 23,000 s 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 Cen 3% - (assumes O) $275
b. POST Management Cert 5% (assumes 19) $350 101000 101.000 101.000 B Deferred Comp: Match up to 2% of annual base pay (assumes 4] 2% 9 Sick Leawi Cash Out Cash out up to 1,200 hours No Costing No Costing No Costing No Costing CalPERS Retirement - Classic 25.59% Included above Induded above Included above Induded abowi ailPERS Retirement-PEPRA 13.98% Included abow Induded above Included above Induded above Medlcare Tax 1.4S% 1.45% Included above Induded abow Included above Induded above Long Term Dlsabl1lty.21% 0.21% Includm abave Included above Included above Induded above dl - '- - ' - - -'-maaa+---aa-i w 's i;;!'j!g ':' - :. ".:.'. 3=aq l' slkRJsk IL € tff@!: r>!tmf' o Ill I kl!tail I-llj 13 l I&il _ ia' Ao a-aaa' !-aI_-< N - - Total Annual &ilarles 3,664,GOD 31664,000 i 3,947,000 4,113,000 % of Tatal Annual Salaries O.O% ' 1S.I% 16.2% 18.9%
% Total Annual Compensatlon 12.6% 12.1% 14.1%
% of Total Annial Salaries exduding One Time Cosu 10J% 142% 1?.9% % of Total Annual Compensatlon exduding One Tlme Costs 10.6% 13.4% Total Comoensalion % is based on aiment totl compensation ' An--'a-cl-ua;ial e-valuaUon is recommended to calculate the full long term financial innad of this proposal. II II II
ffl6
50 gi
ST ATE OF CALIFORNIA
COUNTY 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 Resolution No. 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,
City of South
Clerk
e, California
e
51 ATT ACHMENT D
Acaipas
California Public Employees' Retirement System
Financial Office I Pension Contracts and Prefunding Programs Division p.o. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377)1 TTY: (877) 249-7442 l www,ealpers.ca.gov Certification of Employee Election
I hereby certify that the following employees of the City of South Gate have expressed their approval or disapproval of said agency's intention to amend its contract to provide Section 20516 (Employees Sharing Additional Cost) of 2% for classic local police members in the South Gate Police Management Association on the basis described in the Resolution oflntention adopted by said agency's governing body on December 13 , 2022 , in such manner as to permit each employee to separately and secretly express his choice and thatthe outcome of such election was as follows:
Number of
employees eligible
to vote
Numberofvotes
approving said
participation
Number of votes
disapproving said
participation
Local Police Officers as
defined in Govt. Code
Section 20425
(8
,42'l
Clerk or Secretary
Date
(Amendment)
PERS-CON-15 (Rev. 1/09/19)
28 52
ATT ACHMENT E
CITY OF SOUTH GATE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN thatthe City Council of South Gate, California will conduct a public hearing for the purpose of introducing an Ordinance amending the CalPERS contract to implement a cost sharing program between the City and the South Gate Police Management Association. The Public Hearing is scheduled for:
DATE:
TIME:
LOCATION:
January 24, 2023
6:30 p.m.
COUNCIL CHAMBERS
SOUTH GATE CITY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
The Public Hearing ineeting will be conducted in person or throrigh videoconferencing. Any comments may be made in person at the hearing or in writing to the City Clerk or the City Council prior to the hearing.
You may access the hearings through Zoom or a phone call. For the ripdated Dial- in Number and Conference Code for the January 24, 2023 City Council meeting, please visit the City's website at www.cityofsouthgate.org/AgendaCenter.
NOTICEIS HEREBY GIVEN that any and all persons interested in the matter herein above set forth are privileged to attend said hearing and then and there testify or present evidence upon any matter relating thereto.
THIS NOTICEIS GIVEN by the order of the City Clerk of said City and is dated this January 3, 2023.
Yodit Glaze, City Clerk
Publication date: Thursday, January 12, 2023
29 53
CITY MANAGER'S OFFICE Item No. 3
JAN '; 8 2!j23
I):lDyr"
Ciffl of South Gate
CITY COUNCIL
AGENDA BTLL
For the Regular Meeting of: January 24, 2023
Department Director:
Department:
o Cervantes
Public Works
City Manager.'
QC/lis Jeffers
SUBJECT: PREFERENTIAL PARKING DISTRICT ON SAN JOSE AVENUE FROM
CHEROKEE AVENUE TO SEQUOIA DRIVE
PURPOSE: The City received a petition for the establishment of a preferential parking district on San Jose Avenue. Staff confirmed the petition and is recommending that the City Council take action to establish the parking district, in accordance with Municipal Code Section 8.12.090.
RECOMMENDED ACTIONS: The City Council will consider; a. Waiving the reading in full and adopting a Resolution approving and establishing a Preferential Parking District on San Jose Avenue from Cherokee Avenue to Sequoia Drive to prohibit parking between the hours of 7:00 PM to 2:00 AM; b. Directing the Public Works Department to install parking restriction signage within 90 days of the approval of the Resolution;
c. Directing the City Clerk to notify the property owners on San Jose of the January 24, 2023, voting results; and
d. Appropriating $3,000 in Gas Tax Funds to install the parking restrictions.
NOTICING REQUIREMENTS: A public hearing notice was duly published in the Los Angeles Wave, a newspaper of general circulation, on December 1, 2022. The public hearing notice was mailed to properties within 500 feet of the proposed parking district.
FISCAL IMPACT: There is no impact to the General Fund. An appropriation in the amount of $3,000 in Gas Tax Funds is necessary to install signage and posts. A total of 32 permits are estimated to be issued every two years which will generate $2,100 to offset costs of the permits.
ANALYSIS: The City received a petition from residents to establish a parking district on San Jose Avenue in September of 2021. The petition was placed on hold due to finalizing and adoption of the process for the establishment of the preferential parking districts which was approved by the City Council in February of 2022.
After review of the petition, the residents were informed that the petition did not meet the threshold for the establishment of the parking district and that additional signatures would be needed to implement the district. On August 1, 2022, the City obtained a new petition with the signatures 5167982. l-L235.53
l 54
required to meet the threshold for implementation of the parking district.
The Public Works Department has conducted a confirmirig survey of residences within the proposed parking district on San Jose Drive between Cherokee Avenue and Sequoia Drive. Votes were requested in person or by mail. The votes received were filed with the City Clerk's Office.
There are a total of fifteen properties including 10241 to 10331 San Jose, 10244 to 10320 Capistrano Avenue, and 3106, 3107, and 3140 Sequoia Drive, within the proposed parking district from which a total of ten votes were received in favor of establishing the proposed parking district.
This satisfies the prerequisite of the municipal code to secure votes from two-thirds of the residences in favor of the parking district.
With the adoption of the proposed Resolution, the parking district will be established. Signage will be posted, but the parking district will not go into effect until31 days after the erection of signage.
Modifications or elimination to the district will not be considered for two years or until December of2024.
Parking restrictions on San Jose Drive are proposed between 7:00 P.M. to 2:00 A.M. every day as requested by the petitioners. This is to allow permittees to access on-street parking during the time when on-street parking is at its highest demand while still allowing on-street parking to non- permittees for use and delivery during regular times during the day.
As a note, there are other parking districts throughout the City. The time restrictions vary from district to district as it is set based on the preference of residents (See Exhibit D).
BACKGROUND: On-street parking issues on residential streets have been prevalent citywide for many years. The common issue is that it is difficult to find parking on residential streets, particularly in the evening hours and on weekends.
The current process to establish a preferential parking district includes a petition signed by 66% of residents, a survey conducted by the Assistant City Manager/Director of Public Works to verify the petition with one vote per parcel, a public hearing of the proposed district, consideration by the City Council, and implementation by the Public Works Department. The ordinance provides that the City Manager may also approve initiating the process to establish a preferential parking district pursuant to a parking study after which the Director of Public Works may conduct the survey.
Pursuant to the authority granted by Vehicle Code sections 22507 and 22507.5, the City has the power to create parking districts and to grant preferential parking rights to users thereof. This enables the City to alleviate parking shortages in residential and other neighborhoods by establishing permit systems that allow overnight, on-street parking only by residents and that create restrictions on daytime parking in certain business areas and school zones. The process for the creation, modification and termination of these preferential parking districts and the issuance of related parking permits is set forth in Section 8.12.090 (Preferential Parking Districts) of the South Gate Municipal Code.
5167982.1-L235.53
2 55
ATT ACHMENTS:
IB:lc
5167982. 1-L235.53
Proposed Resolution
Notice of Public Hearing
Survey Ballots
Existing Preferential Parking Districts
56 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, CONFIRMING THE
VOTING RESULTS FOR ESTAJ3LISHING A
PREFERENTIAL PARKING DISTRICT ON SAN JOSE
AVENUE
WHEREAS, City Council adopted Ordinance 2022-01-CC on March 8, 2022 amending Section 8.12.090 (Preferential Parking Districts) of Chapter 8.12 (Stopping, Standing, and Parking of Vehicles) of Title 8 (Traffic) of the South Gate Municipal Code; WHEREAS, Subsection C of Section 8.12.090 (Preferential Parking Districts) stipulates that the City Council may create, terminate, and/or amend a preferential parking district, (a) upon receipt of a written petition signed by a two-thirds majority (sixty-six percent) of the voters in favor of creating, terminating, and/or amending a preferential parking district for the length of a street segment terminating at two intersections, and (b) after the Director of Public Works conducts a survey to veri'fy the petition containing signatures and printed names and addresses of at least a two-thirds majority of the residents, one vote per parcel, within the existing or proposed district, and (c) upon holding a duly noticed public hearing on the proposed parking district; WHEREAS, residents on San Jose Avenue have submitted a petition to the City signed by a two-thirds majority (sixty-six percent) in favor of establishing a parking district on San Jose Avenue from Cherokee Avenue to Sequoia Drive; and WHEREAS, the Assistant City Manager/Director of Public Works conducted a survey of properties within the proposed parking district and verified the petition on ballots containing signatures and printed names and addresses of at least a two-thirds majority of the residents, one vote per parcel, in favor of establishing a parking district on San Jose Avenue from Cherokee Avenue to Sequoia Drive; and
WHEREAS, said survey was conducted by mail as well as by in-person visits to the properties within the proposed parking district after which the ballots were filed with the City Clerk's Office; and
WHEREAS, a public hearing was duly noticed and held on January 24, 2023 to discuss the establishment of a parking district; and
WHEREAS, a majority of the City Council determined that the criteria for the establishment of a parking district has been met.
57 NOW, THERF,FOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Required Findings. The City Council finds that the establishment of a preferential parking district for San Jose Avenue from Cherokee Avenue to Sequoia Drive is necessary to relieve overcrowding on this street. The overcrowding of parked vehicles in this area is the source of traffic congestion that has the potential for hazards, air pollution, and other adverse environmental impacts. These impacts have resulted in deterioration in the residential quality and character of the neighborhood to the detriment of residents and property values. A two-third majority of the residents in the proposed section of San Jose Avenue desire, agree to, and request preferential parking privileges. Therefore, the City Council finds that the establishment of a preferential parking district for San Jose Avenue is necessary to provide reasonably available and convenient parking for the benefit of the residents along this street segment.
SECTION 2. The City Council confirms the result of the survey received by the Public Works Department and filed them with the City Clerk's Office.
SECTION 3. Designation of District. The City Council resolves that San Jose Avenue shall be designated as San Jose Avenue Preferential Parking District from Cherokee Avenue to Sequoia Drive.
SECTION 4. Designation of Parking Restrictions. The City Council :further resolves that preferential parking restrictions on the San Jose Avenue Preferential Parking District shall be as follows:
NO parking between the hours of 7:00 P.M. to 2:00 A.M., except by permit.
SECTION 5. The City Clerk is hereby directed to notify the property owners within the San Jose Avenue Preferential Parking District of the result of the ballots and the City Council's vote. [Remainder of page left blank intentionally.]
58 SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 24'h day of January 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Vaui!s2s,'Jatt;a
59 ATT ACHMENT B
CITY OF SOUTH GATE
NOTICE OF PUBLIC HEARING
OFflceofthe
%dharffeCiycleik
JANO52023
PILED
NOTICE IS HEREBY GIVEN tliat the City Council of Soritl'i Gate, Califonffa will conduct a Public Hearing for the purpose of establisMig apreferential parking district per Section 8.12.090 Preferential parking disticts of the South Gate Mui'iicipal Code peitaining to the streets of San Jose Avenue from Cherokee Avenue to Sequoia Drive. A copy of the map of tlie proposed district may be reviewed in tl'ie City Clerk's office dining normal business lioxirs. Tlie Public Hearing is sclieduled for:
DATE: January 24, 2023
TIME: 6:30 p.m.
LOCATION: COUNCIL CHAMBERS
SOUTH GATE CITY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
The Public Hearing meeting will be coiiducted in person and through videoconferencing witbout a physical location from which members of tlie public may observe and offer public con'iment.
A11'3/ comments tnay be made in person at tlie hearing or in wiiting to tlie City Clerk or the City Council prior to tlie lieaiing.
You may access tbe hearings through Zoom or a phone call. For tl'ie updated Dial-in Number and Conference Code for the January 24, 2023, City Council meeting, please visit the City's website at www.cityofsouthgatc.org/AgendaCenter
NOTICE IS HEREBY GIVEN that any and all persons interested in the matter herein above set fotth are p:rivileged to attend said hearing and then and tliere testify or present evidence upon any matter relatiiig thereto.
THIS NOTICE IS GIVEN by order of the City Clerk of said City and is dated January 5, 2023. x-
City Clerk
Publication Date: Thursday, January 12, 2023
Account Number: 100-701-3 ]-6302
60 ATT ACHMENT C
CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existing preferential parking zone and existing perinit parking time period, or keep existing preferential parking zone and cliange tlie time perinit parking time period; or eliminate existing preferential parking zone along the following streets:
k San Jose Avenue, between Seqrioia Drive Clierokee Avemie k Sequoia Diive, between Capistrano Avenue and San Jose Avenue rai {I am in favor of establishing tlie
L!ff preferential parking district fiaom
7pm to 2an'i, Everyday
Nalne: (=r} /?f' 36
Address:/Q,'>}0 'c
Pl'ion( ) 5) 9 (13- ';zS .,2 ,i-
California Diiver's License No., or
Califoriiia tifi a a n Noa
Signature:
Date: / /A 7/..22,-a
x I am __not in favor of establishing tlie
LJ preferential parking district 7pm to
2am, Everyday
Naxne:
Address:
Phone:
Califori'iia Diiver's License No., or
California Identification No:
Signature:
Date:
Map of Proposed Parking District:
i'i ,, I
'0 ' : ' I
61 CITY OF SOUTH GATE
PUBLIC WORI(S DEPARTMENT
SURVEY BALLOT
To keep existing preferetttial parking zone and existing perinit parking tin'ie period, or keep existing preferential parking zone and cbange the time pennit parking time peiiod; or eliminate existing preferential parking zone along tlie following streets:
r San Jose Avemie, between Sequoia Diive Clierokee Avenue > Seqtioia Diive, between Capistrano Avenue and San Jose Avenue rGT I am in favor of establishing tlie
ts preferential parking district from
7pm to 2am, Eveiyday
Nallle:Aavr-+ A ar"r'h= <:z
Address:M2je; .5AA/ J@,5f ,47,"8-
Phone:3 ':)-3 -:LY,a -=Sd r&
California Driver's License No., or
California identification No:
S'g'lflffe:(!f'Vh
L ' ( - "-4
Date: / /, il - no I "'-
x I ain ngi in favor of establisliing tlie
u prefe7ential parking district 7pm to
2am, Everyday
Name:
Address:
Plione:
Califontia Diiver's License No., or
California Identification No:
Signature:
Date:
Map of Proposed Parkinz District:
62 CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existiiig preferential parking zone and existing permit parking time period, or lceep existing preferential parking zone and change tlie tiine peri'nit I:iarking time period; or eliminate existii'ig preferential parkirig zone along tlie following streets:
r Sai'i Jose Avenue, between Sequoia Drive Cl'ierokee Avenue k Seqrioia Drive, between Capistrano Avenue and San Jose Avenue r-'i, .. I ain in favor of establishing tlie
u- preferential parking distiict from
7pm to 2am, Everyday
Nalne:[5-Jw 54ti-r' - - ' - - ' -
Addre'Vm(;[7':'
Pl*one:,- 3,;'] 7A'1T
Califonnia Drivaei:'s License No., or
Califoi'iiia Identification No:
Sigllatl'e: € 6 siM
-' - / 7 - /
Date:g_r,z[v/c C-HA<
r"i I am not in favor of establishing tlie
u preferential parking district 7pin to
2am', Eveiyday
Name:
Address:
Plione:
Califoi'iiia Driver's Liceiise No., or
Califoinia Identification No:
Signat'iire:
Date:
Map of Proposed Parkinz District:
'1' i:'j':l
63 CITY OF SOUTH GATE
PUBLIC WORI(S DEPARTMENT
SURVEY BALLOT
To keep existing preferential parkiiig zone and existing peimit parking time period, or keep existing preferential parking zone and cliange tlie time perinit parking time period; or eliminate existing preferential parking zone along the following streets:
k San. Jose Avenue, between Sequoia Diive Clierokee Avenue r Sequoia Drive, betweeii Capistrano Avenue and San Jose Avenue ' l am in favor of establishing tl'ie
L__6preferential parkiiig district from
7pm to 2am, Everyday
Name: b> (O
O- ' -
Address:[alzo c-APISrtqtohy
Phone: 3zp) ,;> qy - S- Bf-ka 7
California Driver's Licei'ise No., or
Califoriiia Identification No:
Signature: A,,/- c)
Date: - H ) , ( 4 - z. a :':
rq I am __not in favor of establishing tlie
u prefe7ential parking district 7pm to
2am, Eveiyday
Name:
' Address:
Plione:
Califori'iia Driver's License No., or
California Identification No:
Signature:
Date:
Map of Proposed Parking District:
!lX!9- !W m
flg..-"i=i
a_y*ym'
a'
L.-
! i
j,%
';"Jl'; g ffi
!.j
'!.N
a :taJ (4
mi -!dffi-"l' -, I)!,i0,
, _, .1, '3 _ :.,!:
64 CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existing preferential parking zone and existing pei'init parking tin'ie peiiod, or keep existing preferei'itial parking zone and change tlie time pennit parking tixi'ie period; or eliminate existii'ig preferential parking zone along the following streets:
r San Jose Avenue, between Seqrioia Drive Clierokee Avenue r Sequoia Drive, between Capistrano Avenue and San Jose Avenue I "I am in favor of establishing tlie
L'l preferential parking distiict from
7l:im to 2am, Everyday
NEllllea.Rbbti-( AvaiA
Address: /4 )/f %<l tsiy*@ lvt
Plione: 5'l } 5 r € 8 1 7 a
Califoinia Driver's License No., or
Califoniia Identification No:
p ?4ff %?!.
Sionstni-Pa u'
a b aa o **+ 'ffi' (
oata" u/iy/z-tt
ra I am __not in favor of establishing tlie
u preferential parking district 7pm to
2am, Everyday
Name:
Address:
Plione:
Califotnia Driver's License No., or
California Identification No:
Signahire:
Date:
Map of Proposed Parking Distiict:
b . 2 's
!jm"W6
65 CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existing preferential parking zone and existing perinit parking time period, or keep existing I:ireferential parking zone and cl'iange tlie time permit parlcing time period; or eliminate existing preferential parking zone along the following streets:
r SanJose Avenue, between Sequoia Drive Clierokee Avetute k Sequoia Drive, betweeit Capistrano Avenue and San Jose Avenue ,,/ I am in favor of establishing tlie
l,g preferential parking district from
7pm to 2am, Everyday
Nalne:Sa!l/jsl(A (?Ar-kllQnoy
hddress:lQU'i5p(q 'Z'y4
,
Phone:
:g,lq'\%i!5-i-lz,i
Californra Driv"r"'s License No., or
JiOf?o/ri,'i_ia,Identifica!,,o: 4 , /- - (0 ya - I;a i- p - 0 ' d " - + ? *' 0 - Signature:
o-t-= l S/ l 1 /2Z.
rb I am __not in favor of establishing tlie
LJ pref7rential parking district 7pm to
2an'i, Everyday
Name:
Address:
Phoiie:
California Driver's License No., or
Califoinia Identification No:
Signature:
Date:
Map of Proposed Parlang District:
J 7'F;J-wy :rl
t'J4J tlfN
'€ a
1,
ji*p."e_i f,i}sQs,i
/J 66
CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT DEC 13 2022
SURVEY BALLOT
tZl'i!':li'l'ERll\lt; tl)LP T.
To keep existing preferential parking zone and existing pennit parking tiine period, or keep existing preferential parkirig zone aiid cliange tlie time perinit parking time peiiod; or eliminate existing preferential parking zone along the following streets:
k Saii Jose Avenue, between Sequoia Diive Cherokee Avenue > Seqrioia Drive, betweeii Capistraiio Avenue and San Jose Avenue TT71 I am in favor of establishing the
* prefereiitial parkii'ig district fi-om
7pm to 2am, Everyday
Nalne: I%-e-unci (>tbyh'3rre:z-
I
Addre8S:310 1 5(aCl lit0 i'Ci Di"-
Phone: .'?)-2, 3 j 61CI', 'i 5 D\E:
Califoiania Driver's License No., or
Califoniia Identification No:
Al?;i73>'-t50
Signature: i,,, ,6
Date: I ll t 1,ffi
6 2L
l'
x jI an'i __not ii'i favor of establishiiig tlie
l' lp2raelnferEevnteifaldp(,ayrking district 7pn'i to
Name:
Address:
Plione:
Califoinia Driver's Liceiise No., or
Califori'iia Idei'itification No:
Signature:
Date:
Map o'f Proposed Parking District:
: I .
4 €!"ii:m.,Th.-';
i _i=
iffi_<;.
/4 67
li 'i' l: J
CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
JAN 0 4 2023
I:l\lGliSJlJl .. : i!i l I')IJ)T.
:'J'i J=ff,='(. - =':, 1-.s :2' ;;3 SURVEY BALLOT
To keep existing preferential parking zone and existing perinit parking time period, or keep existing preferential parking zone and cliange tlie time perinit parking tiine peiiod; or eliminate existing preferential parking zone along tlie following streets:
r San Jose Avei+ue, between Sequoia Diive Cl'ierokee Avenue k Seqrioia Drive, between Capistrano Avenue and San Jose Avenrie TKI- I am in favor of establishing tlie
A preferential parking district from
7pm to 2am, Eveiyday
Nalne: i4 'bhey}/o (-'\o$>
/'
Address: ]i'lD Se-9oota pr
-' _->()UT'l' (r>aTC. cq
Phone4oq.-z,,gO,,r,Q,<
Califoiiiia Drivels License No., or
California Identificatioii No:
r-':l /->
Sigllatlll'e: 4/#a {(/ /" /
Date: /1_-'-/- ,.2_,),
ra I am mffi in favor of establishing tlie
u prefe7ential parking distiict 7pm to
2am, Eveiyday
Name:
Address:
Plione:
Califotiiia Driver's Licei'ise No., or
Califoriiia Identification No:
Signature:
Date:
Map of Proposed Parkinz District:
68 CITY OF SOUTH GATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existing preferential parking zone and existing peri'nit parking time peiiod, or keep existing preferential parking zone and cliange tlie time perinit liarking time period; or eliminate existing preferential parkiitg zone along tlie following streets:
k San Jose Avenue, between Sequoia Diive Clierokee Avenue k Sequoia Diive, between Capistrano Avenue and San Jose Avenue .,=,' I am in favor of establishing tlie
v preferential parking district from
7pm to 2am, Everyday
Nanle:__J"'e.>usQo6L-t!!io
Address: /03.;)1) 9i n .!-e R-te
Plione:
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Name:
Address:
Phone:
Califoinia Driver's License No., or
California Identification No:
Signature:
Date:
Map of Proposed Parking District:
69 CITY OF SOUTH CJATE
PUBLIC WORKS DEPARTMENT
SURVEY BALLOT
To keep existing preferential parking zoi'ie and existing perinit parking time period, or keep existing preferential parking zone attd change the time permit parking time peiiod; or eliminate existing preferential parking zone along tlie following streets:
k San Jose Avenue, between Sequoia Diive Clierokee Avenue > Sequoia Drive, between Capistrano Aveiuie aiid San Jose Avenue .=( I am in favor of establishing tlie
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Name:
Address:
Phone:
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Califoriiia Mentification No:
Signature:
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Map of Proposed Parking District:
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JAN 17 2!)23
11:,30/1! City of South Gate
CITY COUNCIL
AG-ENIDA IBJJ[LL
For the Regular Meeting o:t: January 24, 2023
Originating Department: City Manager's Office
SUBJECT: CITY COUNCIL APPOINTMENTS TO
COMMISSIONS, COMMITTEES AND BOARDS
THE VARIOUS CITY
PURPOSE: Under the South Gate Municipal Code, City Council Members are pernnitted to nominate individual or individuals to various City Commissions or Boards subject to the ratification of the City Council. This agenda item contains several nominations by City Council Members to fill vacancies on these Commissions and Boards.
RECOMMENDED ACTION: The City Council will consider:
a. Ratifying the nomination by City Council Member Joshua Barron of Ms. Daisy Prieto to the Planning Commission; and
b. Ratifying the request by Mayor Avalos to unappoint Ms. Liz Ruiz of the Parks & Recreation Commission and accept the nomination of City Council Member Joshua Barron of Ms. Liz Ruiz to the Parks & Recreation Commission; and c. Ratifying the nomination by Vice Mayor Gil Hurtado of Ms. Andrea Martinez to the Citizens Advisoi'y Committee
FISCAL IMPACT: None.
ANALYSIS: These appointments would be effective January 25, 2023, if approved by the City Council. The appointments must be ratified by a majority vote of the City Council.
Ms. Daisy Prieto is a 16-year resident of South Gate, a professional financial analyst, and a member of the South Gate Kiwanis Club,
Ms. Liz Ruiz was appointed to the Parks & Recreation Commission in March 2022 by a unanimous vote of the City Council.
Ms. Andrea Martinez is a 20-year resident of South Gate and is currently in the California State University, Long Beach Master's program in Public Administration.
BACKGROUND: In accordance with the MADDY Act, the City posted the opening of the positions and accepted applications from the public for the required 20 days prior to appointment. Due to the recent elections, all appointments for the effective elected offices are considered ended when the new term begins pursuant to the South Gate Municipal Code. In this 1 72
case, the effective offices are those of Council Members Joshua Barron and Al Rios. Individuals previously holding positions on the City's Commissions and Boards prior to the new City Council terms beginning can be reappointed or new individuals may be nominated by the City Council Member.
In addition, under the South Gate Municipal Code, vacancies can occur due to resignations or absences by an appointee. In those cases, the nomination of a candidate is retained by the City Council Member and subject to ratification by the City Council.
ATTACHMENT: Roster of City Commissioners, Committee and Board Members 2 73
Council Member
Revised: 04-19-22
Planning
Commission
$125/Meeting
la' & 3"dTuesday at 7 pm
Parks & Recreation
Commission
$75/Meeting
2"dThursday at 7pm
Civil Service
Commission
$100/Meeting
As required
Citizens Advisory Committee
$25/Meeting
Meets as needed
Maria del Pilar Avalos
2739 Glenwood Place
Cell: (562) 719-1337
Ivy Duarte
10521 Wright Road
Cell: (323) 717-2214
T. _.l_ __ 111 rS _____ - : l _ _ ___
Lizette Ruiz
10226 Kaufrnan Avenue
Cell (323) 253-9417
;.-...;-/;....I... .-..-
Brigida Salinas Denisse Martinez
9832 Karmont Avenue
Cell: (310) 291-1869
Denisse.martinez4(2Demail.com
f
I V V D rrl_) UIB![rliil l.L'(lIIl 11 u u l/ llu Y (ill Lltl . Utl ill Elected: 03-03-2020
End of Term: November 2024
Appointed: 04-26-2022
Effective : 05-01-2022
Appointed: 03-22-2022
Effective: 04-01-2022
Appointed: 10-27-2020
appomtetl:U5- 12-2U2U
n
Appointed:
Janet Cazares
8437 San Luis Avenue
CeH: (323) 376-0102
Jcazares6(myahoo.con'i
Appointed: Appointed:05-12-2020
Joshua Barron
8819 Beaudine Avenue
Cell: (323) 213-6899
Elected: 11-08-2022
End of Term: November 2026
Maria Davila
10035 San Luis Avenue
Cell: (323) 243-9947
Jose Delgado
3925 Tenaya Avenue
Cell: (323) 702-1519
Jennifer Cypert
4718 Tweedy Boulevard
Cell: (323) 829-0663
William John Currie (Bill) Marie De Lourdes Castillo 10036 San Antonio Avenue
(323) 567-5572
titomi628}@sbcBlobal.net
Virginia Johnson
575] McKin}ey Avenue
Home: (562) 531-3700
Cell: (562i 761-3]11iOSegaelga(lOt(Un(Xmall.COm .iscuu i izbmsn.com hooomted: U2-18-20U3 tltepalnVj(a)valioo.com
Elected: 01-28-2003
End of Term: November 2024 Atinointed: 01-10-2017 Annointed: 02-10-2003 Annointed: 01-27-2015 Cyndi Esqutvel
4718 Tweedy Boulevard
Cell: (323) 945-6712
[email protected]
Appointed: 02-22-2005
Anthony Zepeda
52]8 McCallum Avenue
Cell: (323) 405-2006
Aooointed: 04-12-2011 anlhonyzepeda 10(2Avahoo.com
Appointed: 05-27-2014
Al Rios
10408 0range Avenue
Cell: (323) 974-3540
Jimmy Ozaeta
2541 Kansas Avenue
Cell: (213) 400-0897
Edgar Pelayo
10207 Mallison Avemie
Cell: (323) 816-2904
Angelica Martinez
10129 0range Avenue
Cell: (323) 708-4582
xalosangie(a)yahoo.com
limmyozaeta(z4notmai r.com e)poqptz4gmai 1. Cam
Elected: 11-08-2022
End of Term: November 2026
Appointed: 01-10-2023
Effective: 01-11-2023
Appointed: 01-10-2023
Effective: 01-11-2023
AppOm[ea: U'4-13 -AU I I
Gil Hurtado
10001 W. Frontage Road,
Space 215
Jovanna Laborin
3372 Seminole Avenue
Cell: (323) 283-2631
Alan D. Flores, II
5255 Almira Road
Cell: (213) 280-2672
Robbie C. Hicklin Candtce Esqutvel
4730 Tweedy Blvd
(323) 283-7733
ciesquivel81(2Dyalioo.com
Norma Mendoza
869] San Gabriel Avenue
Cell: (562) 277-2992
Nonna.mendoza9(a)gmail.com
iOVanna COr[eZ(alganOO.COm LaXXXll(((lYan00.COm
Lell: (315) 6!;lj-) / 175
Elected: 03-03-2020
End of Term: November 2024
Appointed: 01-10-2023
Effective: 01-11-2023 Appointed: 05-12-2020 Appointed: 04-28-2015 uppointea: u:i-iz-zuzu
Jovanna Laborin
3372 Seminole Ave
Cell: (323) 283-263]
Jovanna cortezMyahoo.com
AppOlnte(l: U>kl-IUIU
Cynthia Chavez
5204 Pendleton Ave Apt 6
cell: (323) 747-0076
cyncliavez(20gmail.com
CA) Appoint-ed: 09-25:2018 Appointed: 05-24-2022
74 Council Member
South Gate
Tweedy Mile
Advisory Board
la'Monday at 5 pm
Maria del Pilar Avalos
2739 Glenwood Place
Cell: (562) 719-1337
Adolfo Varas
10313 Jackson Avenue
Cell: (626) 671-9947
varasadolfo(2i)gmail.com
Elected: 03-03-2020
End of Temi: November 2024
Appointed: 03-22-2022
Effective: 04-01-2022
Joshua Barron
8819 Beaudine Avenue
Cell: (323) 213-6899
Elected: 11-08-2022
End of Term: November 2026
Maria Davila
10035 San Luis Avenue
Cell: (323) 243-9947
Angela Lucero
10300 San Jose Avenue
Cell: (323) 540-3426
Angela [email protected]
Elected: 01-28-2003
End of Term: November 2024
Appointed on 06-22-2021
Term expires 06-22-2024
Al Rios
10408 0range Avenue
Cell: (323) 974-3540
Elected: 11-08-2026
End of Term: November 2026
Gil Hurtado
10001 W. Frontage Road,
Space 215
Sylvia Masushige
8416 Beechwood Avenue
Cell: (562) 755-6159
[email protected]
bell: (j I j ) 5 ',l j-.) / I b
Elected: 03-03-2020
End of Term: November 2024
Appointed: 05-12-2020
Term expires: 01-31-2023
A
Revised: 01/18/2023
75 gjax'lil"'Ja'A'aaab';"-faf"Sa U l; ,: a' "y'L'c Item No. 5 JAN I 8 2923
12itO(ir
C'Uy of South Gate
CITY COUNCIL
AGENJDA BTLL
For the Regular Meeting of: January 24, 2023
Department: Public Works
SUBJECT: ADDENDUM NO. l TO RESOLUTION N0. 2021-61-CC REGARDING TRANSFER AGREEMENT N0. 2021RPLLARO5 WITH THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM FUNDS,
REGIONAL PROGRAM (MEASURE W)
PURPOSE: To approve Addendum No. 1 to Resolution No. 2021-61-CC relating to Transfer Agreement No. 2021RPLLARO5 to receive $2.2 Million in Measure W :[unds from the Los Angeles County Flood Control District for FY 2022/23 relating to the Urban Orchard Project.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Addendum No. l to Resolution 2021-66-CC relating to the Transfer Agreement No. 2021RPLLARO5 between the City and the Los Angeles County Flood Control District for the Safe, Clean Water Program - Regional Fund Program ("Transfer Agreement") to receive the Fiscal Year 2022/23 funding allocation of $2.2 Million awarded for the Urban Orchard Project;
b. Appropriating the $2.2 Million in Measure W Funds to be transferred to the Urban Orchard Project and authorizing the Director of Administrative Services to make any budget adjustments needed to carry out this recommended action; c. Authorizing the Mayor to sign Addendum No. 1; and d. Authoring the City Manager to execute and submit all other documents pertaining to Addendum No. 1.
FISCAL IMPACT: There is no impact to the General Fund. With the approval of Addendum No. 1 to Transfer Agreement No. 2021RPLLARO5, the City will receive the FY 2022/23 funds in the amount $2.2 Million which will fund the Urban Orchard Project. Over five (5) fiscal years, the City will receive a total of $5,438,000 in Measure W Regional Grant Funds for the project. The City Council has previously approved appropriating the funds to the Urban Orchard Project. County procedures require the City to consider and approve such agreements in order to receive the funds awarded by the Flood Control District.
ANALYSIS: The Urban Orchard Project was awarded $5,438,000 in Measure W Grant Funds for construction, water quality monitoring, operations and maintenance which will be received over five (5) fiscal years. For construction, the City received $2.2 Million in FY 2021/22, when l
76 the City Council approved the initial Transfer Agreement, and it is scheduled to receive $2.2 Million for FY 2022/23 with Addendum No. 1. For water quality monitoring, operations, and maintenance the City is scheduled to receive $346,000 per year in FY 2023/24, FY 2024/25, and FY 2025/26.
The Los Angeles County Flood Control District requires an addendum to Transfer Agreement No. 2021RPLLARO5 be executed annually to receive each year's funding allocation. Resolution 2021-61-CC meets that requirement.
BACKGROUND: On November 6, 2018, the Safe, Clean Water Program, known as the Measure W ballot measure, was successfully passed by voters. The Safe Clean Water Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County. The Safe, Clean Water Program is a special parcel tax of 2.5 cents per square foot of impermeable surface area for private property.
Publicly owned parcels, including schools, are exempt under state law. The Safe, Clean Water Program was estimated to generate $285 million annually of which 10%, 40% and 50% is prograrnrned for the LA County Flood Control District, local agencies, and a Regional Program, respectively.
On September 15, 2021, the City was awarded a grant in the amount of $5,438,000 for construction, water quality monitoring and operations and maintenance for the Urban Orchard Project. The grant program required a resolution to enter into a transfer agreement with the Los Angeles County Flood Control District to receive the fiinds.
On November 23, 2021, Resolution 2021-61-CC was approved by City Council to approve Transfer Agreement No. 2021RPLLARO5 and authorize the Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payment requests, progress reports, annual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
The City Council may now approve a Resolution approving Addendum No. 1 to Transfer Agreement No. 2021RPLLARO5 to receive the Fiscal Year 2022/23 funding allocation.
The Urban Orchard Project is now under construction. To date, the work performed has included a storm water diversion structures from the Bandini Channel to an underground reservoir a wetland overlook area, a flowing stream adjacent to the education/flexible space building and wetland, bio swaies, an orchard of 43 fruit trees, an education, shade structures to promote prolonged hours and use of the park, multi-use walking and bicycle pathways, exercise equipment , benches, picnic tables, drinking fountains, trash cans, native shade trees, irrigation system, pathway lighting, installation of maintenance garage and a restroom building.
Construction is planned for completion in Spring 2023.
ATT ACHMENTS: A.
B.
GD:lc
Proposed Ratified Resolution
Agreement No. 2021-146-CC
2 77
ATT ACHMENT A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING ADDENDUM N0. 1 TO TRANSFER
AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT AND CITY OF SOUTH GATE, AGREEMENT NO. 2021RPLLARO5 SAFE, CLEAN WATER PROGRAM - REGIONAL
PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, in 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement") attached hereto as Exhibit "A"; and
WHEREAS, the Mayor is required to execute the Addendum No.l to the Transfer Agreement to receive the SCW Regional Program funds for FY 22/23 funds in the amount of $2.2 million.
NOW, THEREFOR, 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 recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Addendum No. 1 to Transfer Agreement No. 2021RPLLARO5 attached hereto as Exhibit "A."
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney.
Page l of 2
J 78
SECTION 4. The City Council hereby designates the City Manager or his designee to execute and submit all other documents as it pertains to Addendum No. 2 to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certi'fy the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 24'h day of January 2023.
CITY OF SOUTH GATE:
B7:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
B7:
APPROVED AS TO F :
Raul F. Salinas, City Attorney
79 ATT ACHMENT B
Contract No. 2021-146-CC
Reglonal ProOramAgreement No. 2021RP1LARO6
TRANSFER AGREEMENT BETWEEN
THE LO8 ANGE:LES COUNTY FLOOD CONTROL D18TRICT
AND
CllY OF 80UTH GATE
AGREEMENT N0. 2021 RPL1ARO5
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Transfer Agreement, hereinaffer referred to as "Agreement," is entered into as ofOctober 20, 2021 by and between the Los Angeles County Flood Control District,hereinafter referred to as "Dlstrict," and Cfly of South Gate for Urban Orchard Project,herelnafter refened to as "Reclpient.' WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (8CW)Program ordinance (Chapter 18 of the Log Angeles County Flood Control Distrlct Code)andtheSCWProgram lmplementationOrdinanoe(Chapter"l8oftheLosAngelesCounty Flood Control Dlstrict Code), admlnisters the SCW Program for the purpose of fundingProjects and Programs to Increase stormwater and urban runoff capture and reducestormwater and iirben runoff pollution in the District; WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defiried)that is eligible for funding under the SCW Program; WHEREA8, the Funded Activity is included in a 8tormwater Investment Plan (SIP) thathas been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and inaccordance with Section ")8.09 ofthe Los Angefes County Flood Control District Code; itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. DEFINITIONS
The definitioris set forth in Sections 16.03 and ")8.02 of the Los Angeles County FloodControl DmtrictCode shall app§ tothis Agreement, In addition, thefollowfng definitions shalla(so apply:
"Activity Completion" means that the Funded Activity is complete to the reasonablesatisfaction ofthe District based on review of reports and otherdocumentation as deemedappropriate by the District. If the Funded Activity is an Infrastructure Program Project onDistrict Right-of-Way a separate use and maintenance agreement is required. "Activity Casts" means the total costs necessary to achieve Activity Coynpletlori, TheActivity Costs for the Funded Activity are described in Exhibit A. "Agreement" means this TransferAgreement, Includ!ng elf exhibits and attachments hereto.
80 Raglonal Program
Agreement No. 202'lRPLLARO5
"Budget Plan" means a Reclpient's ptan for funding Activity.Completion, inc)uding adescription of all sources of Funds for ActMty Costs and a description of how the SCWProgram Contributlon will be allocated among the tasks identlfled in the Scope of Workwithin each fiscal year. Recipient's Budget Plan is described in Exhibit A, "Days" means calendar days unless otheise expressly indicated. "Fiscal Year" means the period of twelve ("t2) months termlnating on June 30 of any year. "Funded Activity" means the Infrastructure Program Project, or Scientific 8tudydescribedin Exhibit A - Scope of Work, including the Stakeholder and Community Outreach PJanand all other tasks and actlvities described in Exhibit A. "Safe Clean Water (SCW) Program Contributiori" means the portion of the Activity Coststo be paid for with Reglonal Program funds provided by the DlstrJct from the SCWProgram as described In the Budget Plan. "Year" means calendaryear unless othenuise expressly indicated, II. PARTY CONT ACT8
The DJstrict and the Recipient designate the followlng individuals as the prinnary points ofcontact and communication regarding the Funded Activity and the administration andimplementation of this Agreement.
Log Angetes County F(ood Control District Recipient:
Name: CJ Caluag Nam'e: ' Gladis Deras
8650 California Ave,, South
Gate,.QA 90280 _
323-562-9576
Address: "11th Floor, Pa Box 1430,
A)hambra, CA 91QO2-14_60 _
Address:
f"""one: (826) 458-4037 - ' Phone:-'
__. ,_ _C.CALUAG@dpw,lacounty.gov Emaii: gderas@sogate,org Either party to thls Agreement may change the individual Identified above by providirigwritten notice of the change to the other party. l{1, EXHIBIT8 INCORPORArED BY REFERENCE
The followlng exhibits to this Agreement, including any amendments and supplementshereto, are hereby Incorporated herein and made a partof this Agreement:EXHIBIT A - SCOPE OF WORK
EXHIBIT B - GENERAL TERMS AND CONDITIONS
EXHIBIT C - SPECIAL CONDITIONS
EXHIBIT D - ADDENDUM TO AGREEMENT
EXHIBIT E - NATURE-BA8ED 80LUTIONS (Best Management Practices) Pags2of'l7
81 Reglonal Program
AgreementNo. 2021RPLLARO5
EXHIBIT F - OPERATIONS AND MAINTENANCE GUiDANCE DO(,UMENT iV, ACTMTY COMPLETION
A. The Recipient shall implement and complete tl*e Funded Activity in accordancewith the work schedule described in Exhlbit A, B, The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E,and F of this Agreement, and all applicable provlsions of Chapters i8 and 18 ofthe Code.
C, The Recipient shall fulfill all assurances, declarations, represeritations, andcommitments made by the Reclpient in its application for SCW ProqramContributions, accompanylng docurnentffi, and communications filed in support ofits application for SCW Program Contributions.
V. 8CW PROGRAM FUNDJNG FOR FUNDED ACTMTY
A. TheDistrictshalldisbursetheSCWProgramContributionfortheFiscal Year as described In the corresponding approved 8tormwater Investment Plan(SIP) with(n 45-days of the execution of this Agreement by the last party to sign.
B, If the Fiinded Activity is included in a duly approved SIP for a subsequent FiscalYear, the parties shall enter into an addendum to this Agreement, in the formattached as Exhlblt D, regarding the disbursement of the SCW ProgramContribution for that subsequent Fiscal Year. The Recipient expresslyacknowledges and agrees that the Dtstrict is not obligated to disburse any SCWProgram Contributions to Recipisntfor any Fiscal Year beyond the 2021-22 FiscalYear unless the Funded Activity is included in a duly approved SIP for asubsequent Fiscal Year, the Recipient has complied with the provisions related tothe California Environmental Quality Act in ExhJbit C, and ths parties have dulyexecuted an addendum to thls Agreement forthat Fiscal Year.
C. Notwfflhstandirig any other provision of this Agreement, no disbursement shall bemade at any time or In any manner that is in v(olaflon of or in confllct whh federalstate, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the termsand conditions in this Agreement and Chapters 16 and 18 of the Code.
E, TheRecipientshallsubmitthescopeofworkdescribediriExhibitA45-daysaffer receiptofthis Agreement. If the Funded Activity is included in a duly approved SIPfor a subsequent Fiscal Year, subsequent !=xhibit A - Scope of Work wHl berequired 45-days after receipt of the addendum to this Agreement. %le :4 of 37
82 neglonal Program
Agreement No, 2D2'lFtPLLARO6
Vl. Executlon of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts thaj are in the form of electronic records and are executed electronically, whether dlgital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument,
The District and the Recipient hereby agree to regard facslmlle/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via faaslmi[e or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimlle/e)ectronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronk, signature of any party may be used to authenticate this Agreement6rany addenda or amendmentthersto, arid if used, will have the same force and effect as a manual signature; (il) acknowledge that if an electronic signature is used, the other party W}11 rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement ofthe terms of this agreement based on the foregoing forms of signature, Pa004(i(37
83 Regional Program
Agreement No. 2021RPLkARO5
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Lower Los Angeles River
City of South Gate
Urban Orchard Project
Name:
Title:
Date: C/ -/2,. - 2022,
84 ADDITIONAL SIGNATORY PAGE FOR
TRANSFER AGREEMENT N0. 2021RPLLARO5
BETWEEN
THE CITY OF SOUTH GATE
AND
LO8 ANGELES FLOOD CONTROL DISTRICT
IN WITNESS WHEREOF, t)ie Parties liereto liave caused tliis Agreement to be executed and attested by t1ieir respective officers thereunto duly autliorized.
Al Rios, Mayor
Dated:
ATTESTED:
By: C
Cai'inen Avalos, City C
(SEAL)
APPROVED AS TO FORM:
By:
I F. Salinas, City Attorney
LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT:
BY:
Naine:
Title:
Dated:
85 Reglorisl Program
AgreementNo. 202"lRPLLARO8
IN WITNE8S WHEREOF, this Aqreement has been executed by the parties hereto,
LOS ANGELES COUNTY
FLOOD CONTROL D)STRICT:
ina T
Title: Assistant Deputy Director
Date: Ll /zl/Qo:z2,
86 Reglanal ProOram
Agrsement No, 2021RPLLARO5
EXHIBIT A - SCOPE OF WORK
A-I. Budget Plan
The Recipient shall submit a detai(ed Budget Plan for all eliglb)e expenditures for al) phases and tasks Included in the work scheduleforthe Funded Activity. The Recipient shall lnclude a summary of leveraged funds and in-kind services for the Funded Activity.
For a Funded 'Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.
A-2, Conslstent w(th SCW Program Goals
By signing this Agreement, the Recipient shall provide certtficatlon that the Budget Plan is consistent with 8CW Program Goals as described In Chapter 18,04 of the Code.
The t,ecipient shall Include a summary of how the identified 8CW Program Goals are expected to be achieved through the Funded Activity, incliiding quantitative targets and corresponding metrics for subsequent reporting of all applimble parameters, A-3. Estimated Reasonable Total Activity Cost
The Recipient shall submit a detailed estimate total Activity Costfor all phases and tasks incJiided in the work schedule for the Funded Activity.
A-4. Funded Activity Description and Scope of Work The Recipient shall provide a general description of the Funded Activity and a detailed scope of work, The scope of work may incfude:
'1. Project Managementi including required reporting
2. General Compllance Requirements/Pmject Effectiveness and Performance
3. Permitting and Environmental Compliance
4. Planning, Design, and Engineering
5. 8takeholder and Community Outreach/Engagement Activities
6. RightofWayAcquisition
7. Construction and Implementation
8, Operation and Maintenance
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A-5, Operations and Maintenanoe (O&M) Plan
Where the Funded Activity is an (nfrastructure Program Project, the Recipientshall submit a plan describing the activities that are expected to be necessaiy to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using 8CW Program Contributions, The O&M plan shall address theactivitles described in Exhibit F to the greatest extentfeaslble and in as much detail as possible based on the completeness of the Project design and construct?on. The Recipient shall update the O&M plan In oonnectlon with each Addenda until completion of the Infrastructure Program Project and ttie submittal of a final O&M plan.
The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient mtall submit a letter of commitmentfrom the entity thatwill be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include detaits demonstrating how the provider is qualified and capable of provlding the necessary ongoing O&M services.
The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructiire F)rogram Project using SCW Program Contributions, If the Recipient doee+ not elect to seek the District's services or if the Distrtct is unable to provide the services as requested, the Recipient shall include in the letter of commitment raferencq to the above details dernonstraUng how the provider is qualified and capable of providing the necessary ongoing O&M services,
A-6. Post-Construction Monitoring
Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the ,SWRCB datnbase, the CEDEN for a period of three years. The Recipient shall submit a post- coiistruction monitoring plan when the design phase is complete, The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment faciflties and includethe projectdescription; quality obJectives; sampling design; sampling procedures; quality oontrol; data management verification, and reporting; data quality assessment; and data analysis procedures,
A-7, Sustainability Rating
Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainablelnfrastructure (181) verification, the Recipient shall submit the final score and Envision award level.
A-8. Stakeholder and Community 01Jtreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan forlnfrastructure Pmgram Projects and include a discussion or how local NGOs or CBOs will be Involved, If applicable, and if not, why. Additional outreach/engagement
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activities, even iffunded by other sources, should be referenced to pmvide an overview of anticipated overall project approach. The plan shall at a minimum include:
1, Community outreach activities to provide information to residents and information about upcoming meetings or other engagement actM €y event is scheduled.
Outreach methods used should be appropriate in scale and type to the community being served, Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a webslte) Local Media Outreaah (newsletters, local and reglonal newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvasslng, phone banking, surveysandfocusgroups, anddistrlbutlon offlyers orotherprinted materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District shoiild be included in all social media outreach and noUfied of all meetings and other engagement events.
2. Communityengagementactivitiessolicit,addressandseekinputfmmaommuntty members for Funded Activities. These events may ocour as part of any public meeting with mu1tiple El@enda items such as oouncit, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.
3. StakeholderandCommunityOutreach/EngagementPlanrequirements:
Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction )nfrastructure Program
Project Funds
Required Activity I Required Activity 2
Up to $2 M Outreach or Engagement
up to $10 M Outreach >1 Engagement
Over $10 M Outreach > 2 Engagements
4. If the Funded Activity is for the O&M of an lnfrastructure Prograni Project Stakeholder and Community Outreach/Engagement Plan aiivlties should occur bienrtially to remind communities of the SCW Program Contribution. 5, Ac €iviUes and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any spedflc anti-displacement requirements associated with other funding sotirces.
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A-9. Tracking Infrastruature Program Project Benefits
The Recipient shal) submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of ali applicable parameters.
A-10. Work Schedule and Completion Date
The Reclpient shall submit a detailed schedu)e, includlng start and complet(on dates for all phases and tasks of the soope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must c(early identify the phases and tasks thatwill be performed in each Fisca[ Year, Pa(Is 10 or37
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%reement N0. 202alRPLLARO6
EXHIBIT B - GENERAL TERM8 AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCWProgramContrfbutlonsdistrlbutedtotheRecipientshallbeheldinaseparate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only For eligible expenditures consistent with the requirements of the SCtW Program.
2. The Recipient shall not be entltled to interest earned on undisbursed 8CW Program Contributions; Interest eamed prior to disbursement is properly of the District.
3. The Recipient shall operate in awordance with Generally Accepted Acoounting Principles (GAAP).
4, The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contrlbutions made to the Recipient.
B-2, Acknowledgement of Credit and Signage
The Reclpient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded ActivIty or us[ng any data and/or inf6rmation developed under this Agreement, When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project slte(s) or at the Recipients headquarters and shall Include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." At a minimum the sign shall be 2' x 3' in size, The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When ttle Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: "Fui'iding for this study has been provlded in fult or in part from the Losi Angeles County Flood Control District's Safe, Clean Water Program," The Reclplent shall also include in each of its contracts for work under this Agreement a pmvision that incorporates the requirements stated within this paragraph.
B-3, Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are oonsistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code,
Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document In the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the Page lal of37
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prior express written consent of the District, which consent shall not be unreasonably withheld,
B-4. Ameridment
ExceptasprovldedlnSectlon lloftheAgreement, rioamendmentorvariationoftheterms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the partles.
B-5, Assignment
The Recipient will not assign this Agreement without the priorconsent of the District, B-6. Audlt and Recordkeeping
1. TheRecipientshallretainforapertodofseven(7)yearsafterActivityCompletlon, all records necessary in accordance with Generally Accepted Acoounting Principles to determine the amounts expended, and eligibility of Pmjects Implemented using SCW Program Contributions, The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives, Records shall im,lude accounting records, wrltten pollcles and procedures, contract files, original estimates, correspondence, change order files, including documentation covering neg5tlated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.
2. The Recipient is responsible for obtainlng an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applimble to the Recipient contained in chapters 1-8 and 18 ofthe Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District mayalso perform an interim independent audit every three (3) years until Activity.
Completion. Audits shalt befunded with Regional Program funds,
3. Recipient shall file a copy of the Activity Completion audit report wlth the District by tl"ie end of the ninth (9fh) month from ActMty Completion. Recipient shall file a copy of a(l interim auditreports by the ninth (9") month from the end of each three (3) year period. Audit reports shall be posted on the Dl8trict's pub(icly accessible website.
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iii ii End-cf-Activity E_very Thlrd Fiscal Year a- Audit Report _SIP --Audit Period Audit Reoort
, Due to District F__lscal Due to District
fpa( .
1/15/2023 No later than
10/31/2023
2021-22 7/1/2021 to
6/30/2024
No later than
3/31/2025
4. Uponreasonableadvancedrequest,theRecipientshallpermittheChiefEngineer, at the District's cost and expense, to examine the Funded Afflivlty. The Recipient shall pertmt the authorized District representative, including the Auditor-Contmller, at the pistrict's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity,
5. ExpendlturesdeterminedbyanaudittobelnviolationofanypmvisionofChapters 16 or 18 of the Code, or of this Agreemeni sha]l be subject to the enforcement and remedy pmvisions of Section 18.14 of the Code,
If at any time the Funded ActMty cannot fi.ilflll the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.' B-7. Availability of Funds
District's obligation to disburse the 8CW Program Contribution is contingent upon the availability of suffJcientfunds to permitthe disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under thisAgreement.
This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under thls Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either canoea) this Agreementwith no liability occurring to the Districtor offeran amendment to the Recipierit to reflect the reduced amount.
1. The Recipient will not seek disbursement of any ActivJty Costs that will be disbursed or reimbursed from otherfunding sources,
2, The Recipient agrees that it will not request a disbursement unless that cost is allowab)e, reasonable, and allocable.
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B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Recipient is limited to the rigl'its, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-1 0. Completion of Funded Activity by the Recipient The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.
B-1 1. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code, B-12. Competitive Bidding and Procurements
The Recipient's contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations, If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at:
https://www.dqs.ca,qov/0
Resources-List-Folder/State-Contractinq#@ViewBaq.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on Pagel4of37
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said amount awruing from the date of abandonment, substantial dist,ontinuance, lease or disposal of the Project.
B-14. DefaultProvlsions
The Recipient will be in default under this Agreement under any of the following circumstances:
1, The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;
2, The Recipient materially breaches this Agreement or any addendum induding but not IJmited to:
a, Failstoope(ateormaintalnProJectinaxordancewiththisAgreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c, Fails to remain in Good Standing (see Section B-34, below). d, The Recipient falls to maintain reasonable progress toward 8CW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure,
e. The Recipient fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g, Inappropriate use of 8CW Program Contrlbutlons, as deemed by the Dlstrk,t
Should an event of default occur, the District shall provide a notice of default to the Recipient and sha!l give the Recipient at least ten calendardays or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the ' date the notice is serit via first-class mall to the Recipient, If the Recipientfails to cure the default within the time prescribed by the Distrii, the District may do ariy of the following:
1, Declare the 8CW Pmgram Contribution be immediately repaid, with interest, which shall be equaf to the State of California general obligation bond Interest rate in effect at the time ofthe default.
2. Terminate any obligation to make future payments to the Recipient,
3. Terminate the Agreement.
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4. Takeanyotheractionthatltdeemsnecessaiytoprotectitslnterests, The Recipient shall not be In default under this Aqreement as a result of any breach of thls Agreement by the Recipient that is the direct result of the [)lstrict's failure to make a SCIW Program Contribution for any Fisml Year. Under these Jrcumstances the District may, in its reasonable discretion, terminate th(s Agreement by providlng the Recipient with a written notice of termination, Ifthis Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Adivity exceptthat the Recipient's indemnification obligations shall survive the termlnation ofthis Agreementand continue in full force end effect,
B-"15, Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parlies will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the precedlng parapraph, any party rriay initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the partles, All costs of the mediation, irrcluding mediator fees, will be paid one-half by the Dlstrict and one-half by the Recipient, SCW Program Contributions shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law, B-16. Final Inspection and Certification of Registered Pmfessional Where the Funded ActMty is an Infrastructure Program Project, upon completion of the design phase and before constructlon, the Recipient shall provide certification by a California Reglstered Professional (i.e., Profsssional Civil Engineer, Engineering Geologist) that the design has been coinpleted.
Where the Funded Activity is an Infrastructure Program Project, upon oompletion of the Project, the Reclplent shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that tt)e Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-17. Force Majeure,
In the event that Recipient is delayed or hindered from the performance of any act requlred hsreundev by reason of strikes,lockouts, labortroubles, inability to procure materials not related to the price thereof, rlots, insurrection, war, or other reasons of a like natu.re beyond the control of the Recipient, then performance of such acts shall be Page l €l of 37
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excused for the period of the delay, and the period for the performanoe of any such act shall be extended for a period equlvalent to the period of such delay, B-18. Funded AiivityAxess
When the Funded Activity involves an (nfrastructure Program Projectthe Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, wm have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Comp!etion, B-19, FundlngConsiderationsandExclusions
1. All expenditures of the 8CW Program Contribution by Recipient must comply with the provisions of Chapters 16 and "18 of the Code, in6uding but not limited to the provisions regarding eligible expenditures contalned in Section 16.05,A,2 and the provision regarding ineligible expenditures coritained in Section 16,05.A,3. 2, 8CW Program Contributions shatl not be used in mnnection with any' Funded Activity implemer*ted as an Erthanced Compliance Action ("ECA") and/or 8upplementaJ Environmental Project ("SEP") as defined by State Water Resources Control Board Offloe of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to, offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order("TSO") issued bythe Los Angeles Regional Water Quality Control Board ff, at the time the TSO was issued, the Funded AatMty was included in an approvedwatershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
Recipisrit certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the LosAngeles Regional Water Quality Control Board un]ess, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) devekiped pursuant to the MS4 Permit.
B-20. Indernni'fimtion
The Recipient shall indemnify, defend and hold harmless the District and their e'leated and appointed officers, agents, and employees from and against any and all liabHity and expensearlslng from anyactoromission ofthe Recipient,itsofficers, employees, agents, or subconsultants or contractors in conjunction witl'i Recipient's performance under or pursuant to this Agreement, Including defense costs, legal fees, claims, actions, and Paqe 17 of37
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causes of action fordamages ofany naturewhatsoever,including but not limited to bodily injury, death, personal injury, or property damage.
B-21, Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act In an Independent mpac!ty and notasofficers, employees, oragents of the District.
The Recipient shall not contract work with a oontractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration
'This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-23, Lapsed Funds
1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year In which those funds are transferred from the District to the Recipient.
2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5'h) fiscal year after the fiscal year in which those funds were transferred from the District.
3. LapsedfundsshallbeallocatedbytheWatershedAreaSteer)ngCommitteeofthe respective Watershed Area to a new Project wltli benefit to that Municipafity or Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Recipient's control, then the Recipient may request an extension of UP to twelve ('12) months In which to commit the funds to eliglble expenditures. Extenstn Requests must contain sufficient justification and be submitted to the District in writirig no later than three (3) months before the funds are to lapse-
6. The declslon to grant an extension is at the sole discretion of the Distrk,t,
6. Funds still uncommitted to eligible expenditures afier an extension is granted will be subject to lapsed funding procedures without exception.
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7, Example:
Fiscal Year Fpnd@ j.,apse Extension
7f' ra4ferred_ After ,Request Duq
20jV-22' a - 6/30/2027 No later than
3/3'l/2027
No later than
6/30/2028
B-24, Modifimtion
This Agreement may be amended ormodifled only by mutual written consent of the Board and Recipient.
B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and pollcles regarding non-discrimination in employment and equal employment opporturilty, B-26. No Obligation of the District
The Distrk,t will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The [)istrict will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself, B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, orgrant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-28, Notice
1. The Recipient shall notify the District In wrltlng within five (5) working days of the occurrence of the following:
a, Bankruptcy, Insolvency, receivershlp or similar event of the ReThpient; or b, Actions taken pursuant to State law in antiipa €ion of filing for bankruptcy.
2. The Recipient shall notify the District within tm (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporaUon,
3. The Recipient shall notify the District pmmpfly of the following:
a. AnysignfflcantdeviationfromlnthesubmittedscopeoftheFundedActivityfor the current Fiscal Year, including discussion ofany major chanqes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated Pagefllaj37
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reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity.. Under no circumstances may the Recipient make changes to the scope of the Funded Activity wlthout recelvlng prior approval.
b, Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any clrcumstanoe, combination of circumstances, or condition, which Js expected to or does delay Activity Completion;
d. Discovery of any potential archaeological or histork,al resource. Should a potential archaeologlcal or historica( resource be discovered during construction, the Recipient agrees that all work in the area ofthe find will cease until a -qualffled archaeologist has evaluated the situation and made recommendations regarding preservation of the resouroe. When the District is acUng as the Lead Agency underCEQAforthe Funded ActMty, all work in the area of the find wlll remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actionsas directed by the District; e. Any public or media event publk,lzing the accomplishments and/or results of this Agreement and provide the opportunityfor attendance and participation by District representatives with at least fourteen (14) days' notice to the District; f. Activity completion,
B-29, Public Records
The Recipient acknow[edges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are publk, records including; but not limited to, all of the submissions accompanying the apptication; a(l of ths dommsnts incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.
B-30. Recipient's Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreemsnt including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shal) be responsible for responding to any and all disputes arising out of its contracts for work on the Pmject.
The District will not mediate disputes between the Recipient and any other entity concerning responsibi)ityfor performance ofwork.
B-al. Related Lttigation
The Recipient is prohibited from using the SCW Program Contribution to pay osts associated with any litigation described In Section 16.05.A.3. of the Code, Regardless of
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whetherthe Projectorany eventual related projectisthe subjectoflltlgation, the Recipient agrees to complete the Projectfunded by the Agreement orto repay all the SCW Program Contribution plus interest to the District,
B-32, Remalnlng Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Pmgram Contrlbution to the District,
B-33. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regaming reporting requirements. Recipients shall report available data through the SCW Reporting Module, once avallabfe.
* Quarterly Progress/Expenditure Reports, The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided bythe District, wlthln forty- five (45) days following the er*d of the calendar quarter (March, June, September, and December) to the Distrk,t The Quarterly Progress/gxpendlture Reports shall be posted on the District's publicly accessible website. The Quarterly Progress/Expenditure Report shall iriclude:
a. Amountoffundsreceived;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d, Documentation that the SCW Program Contribution yvas used for eligible expenditures !n accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress m.@de to date, during the applicable reporting period including comparlson to Exhibit A submission and correspondingmetrics; f, Identification of any phases or tasks of the scope of work that were scheduled to be started oroompleted during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of [essons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
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j. Photo documentation (e.g, photos of community outreach events, stakeholder meetings, gl"t.undbreakln(l ceremonies, and project site that may be used on the publicly accessible Dlstrict website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as requlred by the District;
1. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient's insurance; and
n. Description of' post-performance for each completed Infrastructure projea rs required afterthe first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each pmJect is actually performing compared to its expected performance; whether the project is operated and maintained and pmvlding intended benefits as proposed, A post-performance template will be pmvlded by the District,
* QuarterlyProgress/Expenditu'reReportsshallbesubmittedtotheDistrictProgram Manager no later than forty-five days followirxg the end of the calendar quarter as follows:
Quartm' jnd of Quarter Repo0 DuQ
rlrst Quarter September 15 November
Ssoond Quarter December 15 February
Third Quarter March 15May . '
Fourth Quarter ' June 1'5 August _
* Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Comrrilttees to explaln the previous year's Quarterly Progress/Expendlture Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall incliide:
* Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve 8CW Program Goals as articulated In Chapter 18.04 of the Code for the prior year. Thls Includes oomparisons to Exhibit A and allgnmentwtth corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
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* When the Funded Activity is an Infrastructure Program Project, include a description of how the County's Local and Targeted Worker Hire Policy has been applied and enforced; or if, the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced.
* Where the Funded Activity Is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (181) verifk,ation, incltide a description of the final soore and Envision award level, Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the 8CW Program Contrlbutlon
* AsNeededlnformationorReports.TheReclpientagreestoprornptlyprovidesuch reports, data, and irrfomiatlon as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluatlon of the SCW Program orto fulfi)l any reporting requirementsofthe County, state orfederal government.
B-34. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:
1. AuthorizatlonandValldity.TheexecutionanddeliveryofthisAgreement,including all Incorporated documents, by the individual signing on behalf of Recipient, has been dulyauthomed bythe governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limlted by law.
2. No Vlo!ations. The execution, delivery, and,performance by the Recipient of this Agreement, including all Incorporated documents, do not violate any provisiori of any law or regulation in effect as of the date set forth on the flrst page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipientls a party or by which the Recipient is bound as of the date setforth on thefirst page hereof.
3. No Litigation. There are no pending or, to the Recipient's knowledge, threatened actions, claims, investigatlons, suits, or proceedings before any governmental aiithority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity,
4. Solvency,NorieofthetransactionscontemplatedbythisAgreementwillbeorhave been made with an actual intent to hinder, delay, or defraud any present orfuture creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and wlil not be rendered insolvent by the transaiions
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contemplated by this Agreement. The Recipient is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.
6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Builder's Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanaqement.lacounty.qov/wp- contenUuploads/201 9.pdf
B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-36. Requirements Related to Recipient's Contractors
1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Altematively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.
2. The Recipient shall apply and enforce provisions mirroring those set fonh in Los A,ngeles County Code (LACC) Chapter 2.2"l"l (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations,
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3, The Recipient shall obtain all necessary approvals, entitlements, and permits requlred to Imptement the Project, Fallure to obtain any necessary approval, entitlsmsnt, or permit shall constitute a breach of a material provision of this Agreement,
4, With re8peCt tO a PrOjeCt funded With SCW Program Contributions through the Regional Program, if the Project has an estimated capital mst of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordancs with changes in the Consumer Price Index for all urban consumers in theLosAngelesarea, orotherappropriateindex, a provision thatthe Infrastructure Program Project Developer for such a Project must r,equlre that all contractors performing work on such a Projem be bound by the provlslons of: (1 ) a County- wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Projd Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement,
5, With resped to a Project funded with SCW Pmgram Contributions through the Reglonal Program, If one ormore ofthe Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Pmgram Project Developer for the Project must require that contractors performing work on tl'ie Projectare bound to such PLA, If more than one of the contribiiting Munk,lpalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.
6, Payment Bond, Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppllers on the Pmjectwill be paid. 7, Performartce Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the followirig amounts: faithful performance (100%) of contract value, and laborand materials (100%) of contract value. This requirement shall not apply to any contractfor less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7al03; Code Civ. Proc. 995.311,)
8. Prevailing Wage, The Recipient agrees to be bound by all the provisions of Sections '17?'l and 1 774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor a11 contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware ofthe provisions ofsection 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance, and the Recipient a'fflrms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and 8ubr,ontractors aware of this provislon.
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9. Public Funding. Thls Funded Adivity is publicly funded, Any service provider or contractorwith which the Recipient contracts must not have anyrole or refationshlp with the Recipient, that, in effect, substantially limita the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances,
B-37, Travel
Any relmbursementfqr necessary ground transportation and loaging shall be at rates not to exceed those set by the Califomia Department of Human Resources; per dlem costs will not be eligible expenses, These rates may be found at http://www.mlhr.ca,gov/employees/Pages/travel-reimbursements.aspx. Relmbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the LosAngeles County Flood Control District region shall be reimbursed unless priorwritten authorization Is obtained from the Program Manager.
B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a murt of competent Jurlsdictlon to be unenforceable, the parties agree that all other provisions qf thls Agreement have force and effect and shall not beaffected thereby.
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EXHIBIT C - SPECIAL CONDITIONS
[lf the Recipient is a public agency]
C-I. The Recipient acknowledges and agrees that the Recipient is the "lead agenq" regarding compliance with the Califomia Environmental Quallty Act (CEQA) In connection with the Funded Activity and shall be responsibleforthe preparation of all documentation, analysis and otherworkand any mitigation necessary to comply with CEQA In connection with the Funded Activity, By entering intothis Agreement, the District is not approving any activity that wou)d be considered a project under CEQA,
C-2, Upon the completion of the documentation, analysis and other work neoessary to comply with CEQA as described in section C-I, the Recipient shall promptly provide such documentatlon, analysis and work to the Dlstrlct. The Recipient acknowledges thatthe Districtis a Responsible Agency underCEQAin connection with the Funded Activity and that the Distrk,t will not disburse the SCW Program Contributionforany activities that meet the definition of a proJectunder CEQA untll the Recipient has provided such documenjation, analysis and other work to the District and the District has complied with its obligations as a Resp6nsible Agency urider CEQA.
C-3, In addit1on to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the Countyof LosAngeles and theirofficers, employees, and agentsfrom and against any and alJ claims and/or actions related to the Funded Activity thst may be asserted by any third party or public agency alleglng violations of CEQA or the State CEQA Guidelines or the NEPA.
C-4. Notwithstanding any other pmvision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Fiinded Activity, or portion thereof, will have one or more signtflcant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consultwith the District.
With the Distrk,t's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.
C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Aiivity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreentent to lmp(emeril the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Adivity, the Recipientshall promptlyreturnall previouslydisbursed butunspentSCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the
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terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [lfthe Recipient is not a public agency]
C-I. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quallty Act (CEQA) in connedion with the Funded Activity. Envimnmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the Distrlct, Any decisions based on tl"ie documentation prepared by the Recipientwill reflect the Independent judgment of District, By entering into this Agreement, the Dlstrict is not approving any activity that would be consldered a proiect under CEQA and the Recipient acknowledges that the Dlstrlctwill not disburse the 8CW Pmgram Contribution for any actlvl €les that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to ply with CE:QA to the Distrii's satisfaction,
C-2, lnadditlontoitsotherindemniflcationob)igationspursuanttothisAgreement,the Reclplent hereby agrees to indemriify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency slleging violations of CEQA or the CEiQA Guidelines or the NEPA.
C-3. Notwithstanding any other proviston of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Adlvity or any portion thereof will have one or more significant environrnenta) impacts that cannot be feasibly mitigated, ths District, afterconsultatlon with the Recipient, mayterminate the SCW Program Contribution for all or any portion ofthe Funded Activity or may request ttiat the Funded Activity be modffied in order to avoid such environmental impact(s).
C-4. In the event that the District terminates the SOW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent 8CW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity, In the event the District termlnates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereaffer have no further obligation underthisAgreementto implementtheterminated portion ofthe Funded Activity, but this Agreement shall remain in full foroe and effect as to the portion of the Funded Activity for whlch the SCW Program Contribution was not terminated, Page28of87
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EXHIBIT D -= ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDtJM NO. TO
TRANSFER AGREaflENT NO. BETWEEN
THE LO8 ANGELE8 COUNTY FLOOD CONTROL DISTRtCT
AND (INSERTPROJECTDEVELOPEFQ
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
Thls Addendum No. to Transfer Agreement No. , hereinafter referredtoas"AddendumNo,",iseinteredintoasof byand
between the Los Angeles County Flood Control District, hereinafter referred to as "Distrlct," and (Proiect Developer/Sclen(iflg 8tudfeB Applican , herelnafier referred to as 'Recipient."
WHEREAS, Dlstrict and Recipient entered into Transfer Agreement No. , hereinafter referred to as "Agreement", pertaining generally to the transferof a SCW Program Contribution (as therein defined) from [)lstrict to Recipient for , the imp[ementation by Recipient of a Funded Activity (as thereln defined) to increase stormwater and/or urban runoff capture and/or reduce stomiwater and/or urban runoff po11ution, on
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater lnvestment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Pmgram Contributlon for that subsequent Fiscal Year;
WHEREAS, the Funded Aclivity has been included in a duly approved Stormwater Inyestment Plan far Fiscal Year
NOW, THEREFORE, in consideration of the pmmises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually pmmise, covenant, and agree as follows:
1, The definitions set forth in Sections 16.03 and 18.02 of the Loa Angeles County Flood Control District Code together with the definitions set forth In the Agreement shall apply to thls Addendum No,
2. Exhibit A to the Agreement is siiperseded and replaced by Exhibit A-1, attached hereto and incorporated herein as iffully set forth, and all references in theA@reementto Exhibit A shall hereafter be deemed to refer to Exhibit A-1. 3, The District shall disburse the SCW Program Contribution for the . Fiscal Year as described in the Budget Plan wlthtn , days of the exemtion of this Addendum by the last party to slgri.
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3, All terms and conditions of the Agreement shalt remain in ful! force and effect Indudlng, but not limited to the following provlslons related to compliance wUh the Califomia Environmental Quality Act (CEQA),
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IN WITNESS WHEREOF, this Addendum No. has been executed by the parties hereto,
(Recipient)
BY:
Name:
Title:
Date:
LOS ANGELE8 COUNTY
FLOOD CONTROL DISTRICT:
Bg:
Nams:
Tltle:
Date:
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EXHIBIT E: - NATURE BASED 80LUTIONS (NB8) BE8T MANAGEMENT PRA(,TICE8
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-envimnmental challenges, includirig climate change, watersecurity, water pollution, food security, human health, and disaster risk management, Asthis environmental management practice Is increasingly incorporated Into projects'for theSCW Program, this guidance document may be expanded upon to further quantify NBSpractices based on benefits derived from their incorporation ort projects. . The SCW Program defines NBS as a Project that utilizes natural processes thatslow, detain, infiltrate or filter Stomiwater or Urban Runoff. These methods may includerelying predomlnantlyon sollsand vegetation;increasing the permeabllityof Impermeable Areas; protecting undeveloped mountains and floodplalns; creating and restoring riparianhabitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhanclngsoil through composting, mu(ching; and, plant!ng trees and veigstation, with preferencefor riative species. NB8 may also be designed to provide additional benefits such assequestering mrbon, supporting biodiversity, provlding shade, creating and enhancingparks and open space, and Improvtng quality of life for surmunding communities, NBS include ProJeis that mlmlc natural processes, such as green streets, spreading gmundsand planted areas with water storage capacity, NB8 may improve water quality, collectwater for reuse or aquifer recharge, or to support vegetation growth utlll:4ng natural prOCe83eS.
Recipients are to consider using Nature-Based Solutlons for infrastructure projects and includs In each Quarterly Progress/Expenditure Reportand annual summary whether.arid how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below, Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the clasr> within each method. If at least 3 methods score within a single Thass, the overal) project can be characterized as that class. Recipients must attach a copy of the matrix for eachPmject with the good, better, or best mlumn indicated for each method, to facilitateDistrict tracking of methods being utilized. Please referto the table beIow.
For the most up to date guidance. related to Nature Based Solutions, pleaee referto the Safe, Clean Water Program website (https://safecleanwaterla.org/)
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METHODS
Vegetation/Green
Space
Increase of
Permeability
Protection or
Undeveloped
Mountains &
Floodplains
Creation &
Restoration of
Riparian Habitat &
Wetlands
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Enhancement of Soil
New Landscape
Elements
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EXHIBIT F - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator sha(l operate and maintain infrastructure projects for the useful life of the project and are to consider using the following gui$noe for operatlonsandrnaintenance. Operationalrnaintenanceisthecareand upkeepofProjects thatmayrequlredetailedtechnicalknowledgeoftheProject'sfunctionanddesign. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activlties and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable, Operational maintenance Is to be performed by the operator ofthe Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Contro)
* Regularly removal of litter, nonhazardous waste materia1s, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bk,ycle pathways,
* Regularlylnspectionandmalntenanoeofpetwastestations
* Maintaining trash receptacles
* Removal of (rash, debris, and blockages from bioswales * Inspection and cleaning of trash booms
* Inspection of weir gates and stop fogs to clean debris, as required.
2. Vegetation Mairxtenance
* Weed controI
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds,
o Avoidingactivitiesthatresultinweedseedgermination(e.g.frequent soil cultivation near trees or shrubs)
o Regu(arly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestriari trails, viewing stations, park shelters, and bicycle paths,
* Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance
o Irispect for dead or diseased plants regularly
* Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perenniaUy wet and seasonal, intermittent habitats.
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o Draininganddrawdownofwetlandandexcesslvebulrushremoval o Weed and nuisance plant control
o Removat of aquatic vegetation (e,g. algae and primrose) using appropriate watercraft and harvesting equipment
o Wi(dflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed
3, Wildlife Management
* Exotic species control
* Provide habitat management; promote growth of plants at appropriate derisitles and promote habitat structtyre for animal species * Protect sensitive animal species (e.g, protection during critical life stages Including breeding and migration)
* Avoid disturbanvs to nesting bims
* Avoid spread of invasive aquatic spemes
4. Facility Inspection
* Inspect project sites for rodent and insect infestations on a regular basis * Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs * Insped facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) h inspect shade structures for atructural damage or defamment * Inspect hardscapes
* Inspect and maintain interpretive and informational signs * Inspect site furnishings (e,g. benches, hitching posts, bicycle racks) * Maintain deck areas (e.g. benches, signs, decking surfaces) * Visuallyinspectweirsandflapgatesfordamage;greasetopreventlocking. * Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent ihem from locking Up,
5, Irrigation System Management
* Ensuring automatic irrigation controllers are functionlng properly and providing various plant species With proper aniount of water. o Cycle controller(s) through each station manually and autornaticafly to determine ifall faoets are functioning properly. o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
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o Repair and rsplace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. )nspection and cleaning should occur at least monthly, 0 lnspect and c!ean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year,
o Maintain and check function of the drip system.
* Keeping irrigaUon control boxes clear of vegetation * OperaUng Irrlgatlon system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
* Utilizing infrequent deep watering techniques to ericourage deep rooting, drought tolerant plant characteristics to promote a selfsustaining, irrigation free landscape
* Determine watering sdteduJes based on season, wsather, varlatlon in plant size, and plant varieties, Atleastfour times a year(e,g, charige of season), reschedule controller systems,
* Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. * Use molsture senslng devices to determine water penetration in soil.
6. ErosionManagementandControl
* Inspect slopes for erosion during each maintenance activity * Inspeot basins for erosion
* Take corrective measures as needed, including filling eroded tiurfaces, reinstalling or extending bank protection, and replanting exposed soil.
Ongolng Monitoring Activities
41 Monitorcontrollableintakewaterflowandwaterelevation
* Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructlons,
* Water quality sampling (quarterly, unless justified otherwise) * Checking telemetry equipment
* Traming and reporting inspection and maintenance records Vector and Nuisance Insect Control
* Monitoring for the presence of vector and nuisance insect species * Adequatepretreatmentofinfluentwastewatertolessenproductionoflarval mosquitos
* Managing emergent vegetation
* Uslng hydraulic control structures to rapld[y dewater emergent rriarsh areas * Managing flow velocities to reduce propagatton.of vectors
117
emfMkNAfltR'$OVPlCt Item No. 6
jAN Og 2023
77oblrr- City of South Gate
CITY COUNCIL
A(GENDA BJ[LL
For the Regular Meeting of: January 24, 2023
Originating Department: Administrative Services
Department Director:
Kristo her R an
City Manager:
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2022-52-CC WITH MY CHENG & ASSOCIATES FOR TEMPORARY PROFESSIONAL ST AFFING SERVICES PURPOSE: To approve Amendment No. 2 to Contract No. 2022-52-CC with MV Cheng & Associates for temporaiy professional staffing services.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Aa'nendment No. 2 to Contract No. 2022-52-CC with MV Cheng & Associates through June 30, 2023, for temporary professional staffing services in an amount not-to- exceed $76,800; and
b. Authorizing the Mayor to execute Ainendment No. 2 in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Funding for this agreement will come from savings from the various departments' salaries and benefits budgets, as temporary staffing will norinally be used when covering vacancies or extended leaves.
ANALYSIS: None
BACKGROUND: The Administrative Services Department is currently utilizing MV Cheng & Associates to temporary fill needs for finance, accounting, and human resources positions. The original agreement approved in July 2022 provided professional services for financial and accounting staffing to help address vacancies in the Finance Division. Amendment No.l was approved in September 2022 to increase the scope of services to include professional services for staffing to address vacancies in the Human Resources Division.
As of January 1, 2023, one position remains unfilled in the Finance Division, the Senior Accountant. With this position vacant, temporary staffing is needed to aSsist with a variety of accounting duties such as bank reconciliations, journal entries, financial reports, and purchase requisitions. In addition to tliese two major tasks, assistance is also needed with the day-to-day tasks to keep operations in the department running smoothly. MV Cheng & Associates has staff with municipal knowledge and expertise in the areas of budget and accounting to assist the City 1 118
on a temporary/interim basis. Amendment No. 2 will bring the total cost of the Agreement to $240,800, as shown below.
Contract with MY
Cheng & Associates
Date Approved Term Ending Amount Cumulative
Contract
Total
Contract No. 2022-52-CC July 12, 2022 December 31, 2022 $115,000 $115,000 Amendment No. l September 13, 2022 June 30, 2023 $49,000 $164,000 Amendment No. 2 January 24, 2023
(Pending)
June 30, 2023 $76,800 $240,800
ATTACHMENTS: A. Proposed Amendment No. 2 to Contract No. 2022-52-CC B. Amendment No. 1 to Contract No. 2022-52-CC
C. Contract No. 2022-52-CC
2 119
Amendment No. 2 to
Contract No. 2022-52-CC
AMENDMENT N0. 2 TO CONTRACT N0. 2022-52-CC
FOR PROFESSIONAL FINANCIAL AND ACCO?JNTING ST AFFING ON AN
AS-NEEDED AND TEMPORARY BASIS BETWEEN THE CITY OF SOUTH
GATE AND MY CHENG & ASSOCIATES
Tliis Ainendmei'it No. 2 to Contract No. 2022-52-CC for Pi'ofessional Services for Financial and Accounting Staffing on an As-Needed and Tei'nporary Basis, ("Agreeinent") is inade and entered into on.7anuary 24, 2023, by and between tlie City of Soutli Gate, a n'iunicipal corporation ("City"), and MV Cl"ieng & Associates, a California corporation ("Consultant"). City and Consultai'it are sometiines )iereinafter individually referred to as a "Paity" and collectively as "Parties."
RECIT ALS
WHEREAS, City does not liave the personnel able and/or available to perfortn the setavices required under this Agreement;
WHEREAS, Consultant warrants to the City that it has a pool of sub-contractors with the skills, la"iowledge, qualifications, and expertise to perfori'n properly and timely the Professional Services under the Agreement; and
WHEREAS, on July 12, 2022, City and Consultant executed Contract No. 2022-52-CC for Professional Staffing Services ("Agreement"), in ari amount not to exceed One Hundred Fifteen Tliousand Dollars ($115,000);
WHEREAS, On September 13, 2022, City and Coi'isultant executed Ainendinent No. I to Contract No. 2022-52-CC for Professional Staffing Services ("Agreen'ient"), in an ainount not to exceed Forty-Nine Tliousand Dollars ($49,000);
WHEREAS, City and Consultant desire to execute Amendn'ient No. 2 to Contract No. 2022-52-CC for Professional Staffing Services, in an ainount not to exceed Seventy-Six Tliocisand Eiglit Hundred Dollars ($76,800), under tlie terms and conditions of the Agreeinent, Amendinent No. 1, aim Ainendinent No. 2 bringing tlie aggregate total of tlie Agreeinent, Ameimment No. l and Amendn'ient No. 2 to the sum of Two Hundred Forty Thousand Eight Hundred Dollars ($240,800).
NOW, THEREFORE, tlie Paities I'iereby agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to continue its services to provide available professioi'ial staff to perform various finance, accounting, and l'uunan resources tasks i-equested by tlie City and made a pait of tlie Agreement, An'iendinent No. J, and Amendment No. 2. Tlie Scope of Services may be ai'nended troin tiine to tiine by way of a written direction froin t)ie City.
2. COMPENSATION, Tl'ie total ainount of coinpensation for tlie Agreement, Amendment No. l and Amendinent No. 2 sliall not exceed tlie suin of Two Hundred Foity Tliousand Eiglit Hundred Dollars ($240,800). City sliall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to tlie Agreen'ient, Ameiidment No. 1, and Amendinent No. 3 120
Amendment No. 2 to
Contract No. 2022-52-CC
2. No additional coinpensation shall be paid for any ot]ier expenses incurred unless first approved by tl'ie City Manager.
2.1 Consultant sliall be required to attend meetings at City Hall as necessary in tlie delivery of projects. Travel tiine between tlie Consultant's office and City Hall sliall not be billable. Consultant may request an exemption on a case-by-case basis, wliich sl'iall be subject to City approval.
2.2 Consultant slia]l be paid in accordance witli tlie scliedule included in Consultant's proposal attaclied hereto as Exl'iibit "A." City sliall pay tlie Consultant witliin tliirty (30) days of receipt of tlie invoice.
2.3 No payment made liereunder by City to Consultant, otl'ier tlian tlie final payment, sliall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory perforinance by Consultant of its obligations cinder tliis Agreen'ient.
3. TERM OF AGREEMENT. This Agreement will remain in effect through June 30, 2023, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
4. EFFECT OF AMENDMENT. Except as expressly amended lierein, all otlier terins and conditions of tlie Agreement and its Ainendments, Attacl'iments and Exliibits attaclied liereto, sliall remain in full force. City reserves t)ie right to augment or reduce tlie scope of work as tlie City deeins necessary.
[The remainder of tliis page left intentionally blank] 4 121
Amendment No. 2 to
Contract No. 2022-52-CC
IN WITNESS WHEREOF, tl'ie Paities liereto liave caused tl'iis Ainendment No. 2 to be executed and attested by tlieir respective officers liereunto duly autliorized.
CITY OF SOUTH GATE:
BY:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
By:
l F. Salinas, City Attoianey
MY CHENG & ASSOCIATES:
By:
Misty Clieng, President & CEO
122
EXHIBIT A
AIl'CI[Il:N(i 5< i\SSO('IATES
A'hmiciptil Ilalue Consul(uriU
January 9, 2023
City of South Gate
8650 California Ave.
South Gate, CA 90280
Dear Mr. Ryan:
Please accept this letter aS MV Clieng & Associates Inc.'s proposal to your request for temporary Senior Accountant and/or Senior Financial Aiialyst level Consultant for the City of South Gate.
My firm, MV Clieng & Associates Inc., operates as an incorporated business witliin the State of California, with my associates being sub-contractors of the firm. Having over 20 years of experieiice in municipal auditing, accounting, and finance in several cities, large and small, has allowed me to be able to lend my expertise as a Finance Director to cities in need of financial lielp. I haye served as Director of Finance and Director of Finance and Administrative Services for several cities. Most recently, I served as the Interim Deputy Administrative Services Director for the City of South Gate. In addition to the cities I serve personally, my sub-contractors have worked in several cities on shoit and long terin assignments ranging from Account Clerk, Accountant, Senior Accountant, and Accounting Manager as well as serving on a long term basis as contract staff. Myself, as well as all of my sub-contractors, are former employees of municipal government agencies. We bring a wealth of knowledge and expertise to our city clients, witli a level of professionalism and understai'iding of tlie culture of the political and city office ei'ivironi'nents.
Witli respect to the accounting services requested, I will be presenting one candidate. Below is a brief synopsis of the candidate and their rate. T)iis candidate has been assisting the City for over 6 years and is extremely knowledgeable of the City of South Gate's finaiicial operations. * $80 per hour-Sei'iior Accountant/Senior Financial Analyst-Jim Raia-19 years of municipal experience consisting of positions such as Senior Accountant, Accountant II, Accountant/ Auditor II, Management Analyst.
6 123
MV Cheng & Associates Inc., is a unique firm in that it employs predominantly former city/special district employees to work as sub-contractors in various cities on either a temporary/interim basis to long term contract staff. We bring a wealth of municipal knowledge and expertise in financial accounting that only city employees possess, yet we are consultants that can fill a void or bring change and improvement to a city's finance department.
The goal of MV Cheng & Associates Inc. is not to make a huge profit, but to help cities with their needs in the finance department at competitive rates. Thus, MY Cheng & Associates Inc. are Municipal Value Coiisultants!
Thank you for taking the time to consider my proposal for accounting/HR/IT assistance for your City. Should you have any further questions, please do not hesitate to contact me at (925) 963- 9996 or email me at: [email protected]
Sincerely,
Misty V. Cheng
President & CEO
7 124
Item No. 7
Ciffl of South Gate
CITY COUNCIL
A(GENIDA IBT[LL
For tlie Regular Meeting of: January 24, 2023
Originating Department: Administrative Services
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 3218 WITH BANK OF THE
WEST EXTENDING BANKING SERVICES
PURPOSE: To extend the Professional Services Agreement with Bank of tlie West ("Bank") to provide bai'iking services to the City of Sorith Gate for an additional one year.
RECOMMENDED ACTION: The City Coru'icil will consider:
a. ApprovingAmendmentNo.2toContractNo.3218,ProfessionalServicesAgreementwith Bai'ik of the West, extending tlie banking services contract for an additional one (1) year througli December 31, 2023, and
b. Authorizing tlie Mayor to execute Amendment No. 2 in a form acceptable to tlie City Attonney.
FISCAL IMPACT: Tliere will be no significant fiscal impact from this one-year extension of banking services with tlie Bai'ik. The Bank is offering a I.OO% earnings credit rate (ECR) on tlie city deposits for the one-year extension as outlined below. =,I)6assaipti6§44:;';;::;:ia-a -'.%'ji§iff'ji :):;mg@6,!6q'3f,iCa0aaaa@",ffla'a6Jn'vt's'i'a;t"a:,'a'ao::af"-'i'a'-,"ab<""i:)a'i'i3ia'!h':aa':a'=',la'7iaa:31'i;:ai'i';a";,'?:aaEi' Earnings Credit Rate
(ECR)
0.40% 1.OO% ECR is used to off-set bank transactional fees for non-interest-bearing deposit
accounts.
ANALYSIS: Under tlie current market condition, the Bank is offering the City an earnings credit rate (ECR) of I.OO%. The ECR is tlie rate that tlie City earns on average monthly casli balance in its cliecking account. Tlie ECR earnings per the original contract are rised to offset fees incurred by the Bai'ik for the banking transactions and services provided to the City. Given the City's planned average montlily cliecking accoruit balance, the ECR based earnings is projected to cover all tlie City banking transaction fees over the year.
All other existing terms, conditions and recitals forind in the original contract and Amendment No. l will remain tlie same with this extension agreement. 1 125
BACKGROUND: On May 24, 2016, the City Council entered into an agreement with tl'ie Bank to provide bai'iking services for a term of five (5) years with an option to renew for up to five (5) additional one-year periods. On November 9, 2021, City Coruicil approved Amendment No. l witli the Bank extending tlie contract for one (1) year which inchided tlie elimination of Electronic Deposit Services (EDS) fees for deposit of digital checks, averaging around $3,500 in savings per year. Staff is proposing exercising the option to renew tl'ie contract for another one (1) year term.
During tlie past six years, tl'ie Bai'ik has provided dedicated banking services to tlie City and professional customer service to Finance staff. During the pandemic, tlie Bank also assisted the City with the implementation of two online payment portals to allow customers to make payments online for pern'iits and otlier City payments because the City was limiting in-person transactions.
Staff will be working on drafting an RFP for Banking Services to be released later in Fall 2023.
ATTACHMENTS: A. Proposed Amendment No. 2 to Contract No. 3218 B. An'iendment No. 1 to Contract No. 3218
C. ContractNo. 3218
2 126
ATT ACHMENT A
AMENDMENT N0. 2 TO CONTRACT N0. 3218 FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF SOUTH GATE AND BANK OF
THE WEST TO PROVIDE BANKING SERVICES
ThisAmendn'ientNo. 2to ContractNo. 3218 forProfessional ServicesforBankingServices ("Agreement") is made and entered into on January 24, 2023, by aiid betweenthe City of Soutli Gate ("City"), and Bai'ik of tlie West ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Paities."
RECIT ALS
WHEREAS, City and Consultant liave previorisly executed tliat certaii'i Agreement for Professional Services dated August 25, 2016, ContractNo. 3218 ("Agreement"), relating to baiting services; and
WHEREAS, tlie Agreement became effective on the date tliat tlie Consultant's accorints were opened, which was 011 November 9, 2016, and remained in effect for a period of five (5) years from said date unless otherwise expressly extended and agreed to by both paities or terminated by eitlier party; and
WHEREAS, City and Consultant executed An'iendment No. l to Agreement for continried Professional Services for Banking Services, extending the period from November 9, 2021, tl'u:origh November 8, 2022; and
WHEREAS, City and Bank desire to execute Amendment No. 2 to Agreementto extend tlie Professional Services for Bai'iking Services, through and including December 31, 2023, under the terms and conditions of tlie Agreement, An"iendment No. 1, and Amendment No. 2.
NOW, THEREFORE, tlie Parties liereby agree as follows:
1. SCOPE OF SERVICES. City liereby engages Consultant, aiid Consultant agrees to provide tlie services and perform tlie tasks set forth in tlie Agreement, Amendment No. 1, and made pait of this agreen'ient attaclied as Exhibit "'A". The Scope of Work may be amended from time to time by way of a written directive from City.
2. COMPENSATION FOR SERVICES. City shall pay Consultant for its professional services rendered and costs incutared pursuant to tliis Amendment No. 2 in accordance with Consultant's Schedule of Fees witli changes specified in Exhibit "A". No additional compensation sliall be paid for any other expenses incurred ruiless first approved by tlie Director of Administrative Services.
3. TERM OF AGREEMENT. Tl'iis Agreement is effective retroactively to November 9, 2022, and will remain in effect througli December 31, 2023, ruiless otherwise expressly extended and agreed to by botli Paities in writing, or terminated by either Party as provided lierein. 3 127
Amendment No. 2 for Professional Services
Bank of tlie West
4. CITY AGENT. Tlie Director of Administrative Services ("Director"), or his/her designee, for the purposes of tl'iis Agreement, is the agent for City. Whenever approval or authorization is reqriired, Consultant understands tliat tlie Director, or his/l'ier designee, has the authority to provide tliat approval or arithorization.
5. EFFECT OF AMENDMENTS. Except as expressly amended herein, all otlier terms and conditions of the Agreement and its Amendments, and Attachi'nents and Exhibits tl'iereto, sliall remain in full force and effect.
IN WITNESS WHEREOF, tlie Paities hereto have carised tliis Agreement to be executed and attested by tlieir respective officers thereunto duly autliorized.
CITY OF SOUTH GATE:
B7:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
BANK OF THE WEST:
By:
Michael Brody, Director
Dated:
4 128
EXHIBIT "A"
mBANKro4WESTBNP PARIBAS
Decem ber 30, 2022
City of South Gate
8650 California Ave
South Gate, CA 90280 Attn: Kristopher Ryan, Director of Administrative Services RE: Banking Services Extension - City of South Gate Dear Kristopher:
Bank of the West (the "Bank") is pleased to extend the City of South Gate's banking services contract for an additional one (1) year extension through December 31, 2023.
Based on the attached November 2022 account analysis statement, Bank of the West will honor the City of South Gate's current pricing in place including the following:
* Fixed pricing for one (1) year
* Enhanced Earnings Credit Rate (ECR) at 100 Basis Points (Bank Managed Rate) All other existing terms, conditions and recitals found in the original contract and amendment will remain with this extension agreement.
As one of our long-term and valued clients, we are excited to our continued relationship with the City of South Gate. Please do not hesitate to reach out to me should you have questions and/or require additional information.
Sincerely,
Michael Brody, Director
Senior Relationship Manager
Acceptance:
Kristopher Ryan, Director of Administrative Services City of South Gate
Date:
Attachments:
November 2022 Account Analysis Statement
5 129
ATT ACHMENT B
Amendment No. l
Contract No. 3218
AIVIENDMENT NO. I TO CONTRACT N0. 3218 EXTENDING
AGRF,EMENT FOR BANKING SERVICES AN ADDITIONAL YEAR BETWEEN THE CIT\ OF SOUTH GATE AND BANK OF THE WEST This AmendmentNo. 1 to ContractNo. 3218, forProfessional Services forbanking services ("Aniendment No. I"), is made and entered into onNovember 9, 2021, by and between the City of South Gate, a muicipal corporation ("City"), and Bam of the West, a Califomia corporation ("Consultant"). CityandConsultantaresometimeshereinafterindividuallyreferredtoasa"Party" and collectively as "Parties."
RECITALS
WHEREAS, City and Consultant have previously executed that ceitain Agreement for Professional Se:tvices dated August 25, 2016, ContractNo. 3218 ("Agreement"), relating to banlcing services;
WHEREAS, the Agreement became effective on the date that 'the Coiisultant's accounts were opened, wliich was onNovember 9, 2016, and remained in effect for aperiodof five (5) years from said date unless otherwise expressly extended and agreed to by Parties or teiminated by either Party; and
WHEREAS, City and Consultant desire to executeAmendmentNo. 1 to extendthe services oftheConsultantfortheperiodfromNovember9,2021 throughandincludingNovember30,2022.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. MODIFICATIONS.
a. SCOPE OF SERVICES. Consultant agrees to provide tlie services and perform the tasks set forth in the Agreement attached as Attachment C and made pait ofthis agreement. The Scope of Work may be amended from time to time by way of a written directive from City.
b, TERM OF AGREEMENT. Parties agree to extend Agreement for an additional year from November 9, 2021 through and including Novembeir 30, 2022, unless otherwise expressly extended and agreed to by both Parties or tertninated by either Party as provided herein.
c. COMPENSATION FOR SERVICES. City shall pay Consultant for its professionalservicesrenderedandcostsincurredpursuanttothisAmendmentNo. 1 in accordance with Consultant's Schedule of Fees with changes specified in Bxibit
1. No additional compensation shall be paid for any other cxpenses incurred inless first approved by the Director of Adtninistrative Services.
2. CITY AGENT.
The Director ofAdministrative Services, for thepurposes ofthis Agreement, is the agent Pagelof2
6 130
Amendment No. 1
Contract No. 3218
for City, Whenever approval or authorization is required, Consultant understands that the Director of Administrative Services has the authority to provide that approval or arithorization.
3. EFFECT OF AMENDMENT.
Except as expressly amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. The Agreement shall remain unchanged during the teimoftheAgreeinentasmodifiedinSectionlabove. Furtlieri'nore,theCityreserves tlie right to augment or reduced the scope of work as City deems necessary.
IN WITNESS WHEREOF, tlie Paities hereto have caused this Amendment to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE: (
ATTEST:
armen Avalos, City
(SEAI
BY:
Al Rios, Mayor
APPROVE AS TO FORM:
By:
ul F. Salinas, City Attomey
BANK OF THE WEST:
By:
Matthew Kirschenrnan, Director
Dated:
131
Ainendment No. 1
Contract No. 3218
for City. M'ienever approval or autl'iorization is required, Consultant uriderstands tliat the Director of Adininistrative Serviccs lias the authority to provide tliat approval or autliorization.
3. EFFECT OF AMENDMENT.
Except as expressly amended berein, all otlier terms and conditions of the Agreement s]iall remain in full force and effect. The Agreement sliall remain rinclianged during the ter'in of tlie Agreement as modified in Section l above. Furtheimore, the City reserves tlie right to augment or reduced tlie scope of work as City deems necessaiy.
IN WITNESS WHEREOF, the Parties hereto liave caused this Amendment to be executed and attested by tlieir respective officers liereunto duly aritliorized.
CITY OF SOUTH GATE:
ATTEST:
Al Rios, Mayor
Dated: t?'/ldAo7-1
Camien Avalos, City Clerk
(SEAL)
APPROVE AS TO FORM:
Raul F. Salinas, City Attorney
BANK OF THE WEST:
B7:
Matthew Kirsclienman, Director
Dated: 12/20/2021
132
ATT ACHMENT C
Contract No. 3218
AGRE,EMENT FOR PROFESSIONAL SERVICES
This Agreement for professional services ("Agreement") is made and entered into by and betweentheCity of SouthGate (hereinafterreferredto as "City"), andBank ofthe West (hereinafter referred to as "Bank").
The City and the Bank agree as follows:
RE,CIT ALS
A. The City does not have the ability to perform the services required under this Agreement.
B. The City desires to contract with Bank for banking services.
C. TheBankwarrantstotheCitythatithasthequalifications,experienceandfacilities to perform properly and timely the services under this Agzement.
D. TheCitydesirestocontractwiththeBanktoperformtheservicesdescribedinBank's Proposal datedMarchl0, 2016 ("Proposal"), attached as ExhibitAtothisAgzment, anddescribed inthe "Authorization and Agreement forCashManagement Services," attachedas Exhibit B tothis Agzement.
NOW, THEREFORE, the City and Bank agree as follows:
1.O SCOPE OF THE BANK'S SERVICES. The Bank agpes to provide the services and perform the tasks set forth in the Proposal attached as Exhibit A and made part of this Agreement. The Scope of Work may be amended from time to time by way of a written directive from the City.
2.O TERM OF AGREEA'IENT. This Agt'eement, approved by the South Gate City Council on May 24, 2016, will become effective on the date thatthe Bank ofthe West accounts are opened, and w'll remain in effect for a period of five (5) years from said date unless othemse expressly extended and agreed to by both parties or terminated by either party as provided herein.
The Citymay, atits sole discretion, extend diis agreement forupto five additional one-yearperiods.
3.O CITY AGFJNT. The Director of Administrative Services, for the purposes of this A@eement, is the agent for the City. Whenever approval or authorization is required, Bank understands that the DirectorofAdministrative Serviceshas the authoritytoprovidethatapproval or authorization.
4.O COMPENSATION FOR SERVICES. The City shall pay the Bank for its professional services renderedandcosts incurredpursuantto this Agreementin accordancewiththe Bank'sScheduleofFeesincludedintheProposal. Noadditionalcompensationshallbepaidforany l
133
other expenses incurred unless first approved by the Director of Administrative Services.
4.1 The Bank shall submit to the City a bill for services according to the project scheduleincludedintheProposal. TheCityshallpaytheConsultantuponthirty(30)daysofreceipt of the invoice.
4.2 No payment made hereunder by City to Bank, other than the final payment, shall be constnued as an acceptance by City of any service, nor as evidence of satisfactory performance by Bank of its obligations under this Agreement.
5.O CONFLICTOFmTEREST. TheBankrepresentsthatitpresentlyhasnointerest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Bank under this Agreement. The Bank further represents that in performance of this Agreement, no person having such interest shall be employed by it.
5.1 TheBankrepresentsthatnoCityemployeeorofficialhasamaterialfinancial interest in the Bank's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Bank shall not offer, encourage or accept any financial interest in the Bank's business by any City employee or official.
6.0 GENF,RAL TERMS AND CONDITIONS.
6.1 Termination. EithertheDirectorofAdministrativeServicesorBankmay terminate this Agreement, without cause, by giving the other party six (6) months written notice of such termination and the effective date thereof.
6.1.1 Intheeventofsuchtermination,allfinishedorsheddocuments, reports, services, data, or other documentation prepared by, or in the possession of, the Bank under thisAgreementshallbereturnedtotheCity. IftheCityorBankterminatesthisAgreementwithout cause, the Bank shall be entitled to receive compensation through the actual date that services are ceased pursuant to this Agreement.
6.1.2 IftheBankortheCityfailtofulfillinatimelyandpropermannerits obligations under this Agreement, or if the Bank or the City violate any of the covenants, agreements, or stipulations ofthis Agreement, the Bank orthe City shall have the rightto terminate this Agreement by giving six (6) months written notice to the other party of such termination and specifyingtheeffectivedateofsuchtennination. TheBankshallbeentitledtoreceivecompensation in accordance with the terms of this Agreement for any service completed hereunder.
Notwitmtanding the foregoing, the Bank shall not be relieved of liability for damages sustained by virtue ofany breach ofthis Agreementandany payments due underthisAgreementrnaybewithheld to off-set anticipated damages.
6.2 Non-Assignability. TheBankshallnotassignortransferanyinterestinthis Agreement without the express prior written consent of the City. 2 134
6.3 Non-Discrimination. The Bank shall not discriminate as to race, creed, gender, color, national origin or sexual orientaiion in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes ofthe Federal, State, County and City govemmerits.
6.4 Insurance. The Bank shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning ofperformance underthis Agreement:
(a) Workers'CompensationInsuranceasnequiredbylaw. TheBankshall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensivegeneralandautomotiveliabilityinsurancepmtecting the Bank inamountsnot lessthan$l,000,000 forpersonal injuryto any oneperson, $1,000,000 for injuriesarisingoutofone occurrence, and $500,000 forpropertydamagesoracombinedsinglelimit 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 Californiaor which is approved in writing by the City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance,
4) Contain a clause substantially in the following words: "It is herebyunderstoodandagreedthatthispolicyshall not be canceledexceptuponthirty(30)daysprior written notice to the City of such cancellation ormaterial change." 5) CovertheoperationsoftheConsultantpursuanttothetemisof this Agreement.
6.5 Tndpmnifii'stion %nk agrees to indemnify, defend and hold harmless the Cityand/oranyotherCity agency, for/fromanyand all claimsoractions ofanykindassertedagainst the City and/or any other City agency arising out of Bank's (including Bank's employees, representatives, productsandsubconttactors)negligentperfomianceundertmsagreement,excepting only such claims or actions which may arise outof sole or active negligence ofthe City and/or any otherCityagency, oranythirdpartiesnot actingon behalfof, atthe directionof, orunderthe control of the Bank.
6.6 Compliance With Applicable Law. The Bank and the City shall comply with all applicable laws, ordinances and codes ofthe Federal, State, County and City govemments. j
135
6.7 Independent Contractor. This Agreement is by and between the City and the Bank and is not intended, nor shall it be constnued, to create the relationship of agency, senant, employee, partnership, joint venture or association, as between the City and the Bank.
6.7.1. TheBankshallbeanindependentcontractorandshallhavenopower toincuranydebtorobligationfororonbehalfoftheCity. NeithertheCitynoranyofitsofficersor employees shall have any control over the conduct of the Bank, or any of the Bank's employees, except as herein set forth, and the Bank expressly warrants not to, at any time or in any manner represent that it, oranyofits agents, servantsoremployees are inanymanneremployeesofthe City, it being distinctly understood that the Bank is and shall at all times remain to the City a wholly independent contractor and the Bank's obligations to the City are solely such as are prescribed by this Agreement.
6.8 Copyright. Noreportsorotherdocumentsproducedinwholeorinpartunder this Agreement shall be the subject of an application for copyright by or on behalf of the Bank.
6.9 Legal Construction.
a) ThisAgreementismadeandenteredintointheStateofCaliforiaand shall in all respects be interpreted, enforced and govemed under the laws ofthe State of Califomia. b) ThisAgreementshallbecoedwithoutregardtotheidentityofthe persons who drafted its various provisions. Each and every provision of this Agreement shall be constnued as though each ofthe parties pariicipated equallyin the drafting ofthe smne, and any rule ofconstnuctionthatadocumentisto beconstnuedagainstthedraftingpartyshallnotbeapplicableto 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) WheneverinthisAgreementthecontextmaysorequire,themasculine gender shall be deemedtoreferto and includethe feminine and neuter, andthe singularshall referto and include the plural.
6.10 Couiitn7bilg ThisAgreementmaybeexecutedincounterpartsandasso executed shall constitute an Agreement which shall be binding upon all parties herein,
6.11 FinalPaymentAcceptanceConstitutesRelease. Theacceptancebythe Bank of the final payment made under this Agreement shall operate as and be a release of the City from all claims andliabilities forcompensationtothe Bank foranylhing done, furnished orrelating to the Bank's work or services. Acceptance of payment shall be any negotiation of the City's payment or the failure to make awritten extracompensation claim within ten (10) calendar days of the receipt of that payment. However, approval or payment by the City shall not constitute, nor be deemed, arelease ofthe responsibility and liability ofthe Bank, its employees, sub-consultants and 4 136
agents forthe accuracy and competency ofthe informationprovided and/orservices performed; nor shall such approval or payment be deemedto be an assumption of such responsibility or liability by the Cityfor any defect orerrorinthe services performed bythe Bank, itsemployees, sub-consultants and agents.
6.12 Corrections. Inadditiontotheaboveindemnificationobligations,theBank shall correct, at its expense, all errors in the services which may be disclosed during the City's reviewoftheBank'sservices. ShouldtheBankfailtomakesuchcorrectioninareasonablytimely manner, suchcorrection shall bemade bythe City, andthecostthereof shall be chargedtotheBank.
6.13 Files. All files of the Bank pertaining to the City shall be and remain the propertyoftheCity. TheBankwillcontrolthephysicallocationofsuchfilesduringthetermofthis Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any ofthe provisions ofthisAgzementbytheotherparty, irrespective ofthe length oftime forwhichsuch failure continues, shall not constitute awaiverofsuchparty's righttodemand compliancebysuchotherpartyinthefuture, Nowaiverbyapartyofadefaultorbreachoftheother 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 respectto such default or breach. No express written waiver of a specified default or breach shall affect any other defaultor breach, orcoverany otherperiodoftime, otherthananydefaultor breachand/orperiodof timespecified. AlloftheremediespermittedoravailabletoapartyundertMsAgreement,oratlaw or inequity, shall be cumulativeand alternative, andinvocationofany suchright orremedyshall not constitute a waiver or election ofremedies with respect to any other permitted or available right of remedy.
6.15 MitigationofDamages. InallsuchsituationsarisingoutofthisAgreement, theparties shall attemptto avoid and minimize the damages resulting from the conduct ofthe other Pm.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way,
6.17 Attorney's Fees. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to erdorce this Agreement, the prevailing party in such action shall be entitled to reasonable attorney'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 agmment betweenthe CityandtheBank, andneitherpartyhasmadeanyrepresentationsto theotherexceptas expressly contained herein. Neither party, in executing or performing this Agreement, is relying 5 137
uponanystatementorinformationnotcontainedinthisAgreement. Anychangesormodifications to this Agreement must be made in writing appropriately executed by both the City and the Bank.
6.19 Notices. Anynoticerequiredtobegivenhereundershallbedeemedtohave been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Jackie Acosta
Director of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
(323) 563-9524
TO BANK: Malisa Day
Vice President
Senior Government Relationship Manager
13300 Crossroads Parkway North
City of Industry, CA 91746
(323) 727-3646
6 138
6.20 Warranty of Authoied Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign.
6.21 Consultation With Attorney. Bank warrants and represents that it has consulted with m attorney or knowingly and voluntmily decided to forgo such a consultation.
6.22 InterpretationAgainstDraftingParty. CityandBankagreethattheyhave cooperatedinthereviewanddraftingofthisAgreement. Accordingly,intheeventofanyambiguity, neither sidemay claimthatthe interpretationofthe Agreement shall be construed against eitherparty solely because that party drafted all or a portion of the Agreement, or the clause at issue.
This Agreement is executed as of this 25'h day of August, 2016, at South Gate, California.
CITY F SOUTH G. TE:
Flad, City Manager
(Seal)
B.= NK:
Malisa Day, Vice Presi
Senior Governrnent Rel hip Manager
AJ'PROVED AS TO FORM:
F. Salinas, City Attorney
7 139
€lTYMANAGER'S OFF!CE Item No. 8
C'Uy of South Gate
CITY COUNCIL
ACENJDA IN,LL
Department Director:
For the Regular Meeting of: January 24, 2023
Ori a Department: Public Works
City Manager:
Arturo ervantes
/7 A
//l
dhrisJe,ffers
SUBJECT: AMENDMENT N0. 6 TO CONTRACT N0. 3352 WITH THE TRUST FOR
PUBLIC LAND TO FUND ADDITIONAL WORK REQUIRED FOR THE URBAN ORCHARD, CITY PROJECT N0. 539-PRK
PURPOSE: The Urban Orchard Project is under construction. The Los Angeles County Department of Health is imposing requirements that must be complied with prior to completing construction.
Amendment No. 6 to Contract No. 3352 is necessary to fund additional technical services required to comply with the requirements.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 6 to Contract No. 3352 with The Trust for Public Land to fund additional engineering services required to comply with Los Angeles County Department of Health requirements and to extend the contract term to December 31, 2023 for the Urban Orchard Project, City Project No. 539-PRK, in an amount not to exceed $250,000; b. Authorize the Mayor to execute Amendment No. 6 in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. Amendment No. 6 is in the amount of $300,000, and it is funded with Proposition 68 Grant Funds. The proposed revised contract amount is $1,384,720. The Urban Orchard Project has received a total of $25.5 million in grant and other funds to date, as summarized below.
Prop l
Grant
Land and
Water
Consenatton
Fund Grant
LA
County
Flood
Control
District
Measure W
(Local and
Regtonal)
Prop 68 Rivers and
Mountains
Conservancy
Total
Funds Awarded to: City TPL
ContractNo. 3352 $381,350 $381,350
Amendment No. l $34,350 $34,350
Amendment No. 2 $14,917 $14,917
Amendment No. 3 $9,386 $9,386
Amendment No. 4 $0
Amendment No. 5 $293,076 $5,550 $272,260 $73,831 $644,717 Amendment No. 6 $300,000 $300,000
Total $430,617 $302,462 $5,550 $272,260 $300,000 $73,831 $1,384,7 20 1 140
ANALYSIS: The Urban Orchard Project is under construction and approximately 80% of construction work has been completed. On December 29, 2022, the City received a Corrective Action Order ("Order") from the Los Angeles County Department of Public Health Solid Waste Management Program ("County"). The Order required the City to begin the Post Closure Land Use process by submitting certain administrative and technical documents such as Phase I and II Reports and PCLUP, due to the site being an unpermitted landfill which was closed in 1949.
Amendment No. 6 is needed for additional technical services required to comply with requirements from the County. The scope of work to comply with the requirements is uncertain as the full scope has not been communicated to the City or TPL. However, the estimate of services may be up to $300,000, therefore, the amount is budgetary in nature. Initial critical services include 1) a Site Investigation report, 2) methane monitoring, 3) additional professional services required by Los Angeles County Department of Public Health. TPL will be provided approval to expend :[unding as the need arises up to $300,000. Additional services may include any work needed to be completed by TPL and their consultants to achieve compliance inclusive of technical work and project management.
BACKGROUND: The Urban Orchard Project ("Project") is a part of the Capital Improvement Program. The Project located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. A primary purpose of the Project is to divert and treat storm water run-off from the Los Angeles River and recreation.
The project improvements include storm water diversion structures from the Bandini Channel to an underground reservoir, and an education garden with raised planters, an orchard of 200 trees, a wetland with emergent vegetation, a flowing stream, a knoll overlooking the wetland, an education building/flexible space to promote environmental education, restroom/maintenance building, shade structures, security cameras, a nature-based playground with a water element, several multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, public art, native shade trees, drought tolerant landscape, irrigation system, replacement of Bandini Channel fence and pathway lighting.
The City is collaborating with the Trust for Public Land ("TPL"), a non-profit organization, for the development and construction of the Project under a unique partnership. Project services are paid for with grant funds obtained by either the City or TPL. TPL is the lead in the design development of the Project while the City is the lead in its construction. Accordingly, in August 2017, the City awarded Contract No. 3352 to TPL for Program Management, Project Management, Design and Environmental Services, Construction Oversight, Outreach Services, Grant Writing and Grant Management.
In August 2017, the City approved Contract No. 3352, in the amount of $381,350 for a three-year term.
Subsequently, four amendments have been approved.
@ Amendment No. l was approved on January 22, 2019, in the amount of $34,350 for the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities. * Amendment No. 2 was approved on July 9, 2019, in the amount of $14,917 to supplement the cultural resources assessment study and develop the delineation report for the Army Corp of Engineers and extended the term to December 31, 2021. * Amendment No. 3 was approved on November 10, 2020, in the amount of $9,386 to update Phase 2 141
I, Cultural Resources Assessment, Section 106 Compliance Study and to 'fund permit fees. * Amendment No. 4 was approved on May 25, 2021, with no monetary compensation to establish procedures and protocols for the payment by the City from its own funds to contractors in such situations, for the timely reimbursement to the City by TPL from TPL's own funds, and for the subsequent reimbursement of TPL from the proceeds of those grants. * Amendment No. 5 was approved on January 11, 2022, in the amount of $644,717 to fund program management, design and construction support services, and to extend the contract term to February 28, 2023.
The project is under construction. Construction began August of 2021 and has now stopped. The project is currently at the 80% completion stage. Construction will be completed after the permit from the County is obtained.
The Urban Orchard Project is funded as summarized below:
Table B
Grant Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City - Land and Water Conservation Fund (LWCF) $3,000,000 City Los Angeles County Flood Control District $530,000 City Safe Clean Water- Municipal Funds $1,435,401 City
Safe Clean Water- Regional Funds $5,438,000 City
State Parks- Prop. 68 Grant $1,919,847 City
Conservation Corp of Long Beach $713,015 City
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000 TPL
TOTAL $25,506,161
ATT ACHMENTS: A.
B.
C.
D.
E.
F.
G.
Proposed Amendment No. 6
Amendment No. 5
Amendment No. 4
Amendment No. 3
Amendment No. 2
Amendment No. 1
Contract No. 3352
GD:lc
3 142
ATT ACHMENT A
AMENDMENT N0. 6 TO CONTRACT N0. 3352
FOR PROFESSIONAL SERVICES
FOR THE URBAN ORCHARD PROJECT, CITY PROJECT N0. 539-PRK
WITH THE TRUST FOR PUBLIC LAND
This AmendmentNo. 6 to ContractNo. 3352 forProfessional Services forthe development and construction of the Urban Orchard Project ("Amendment No. 6"), is made and entered into on January 24, 2023, by and between the City of South Gate, a municipal corporation ("City"), and the Trust for Public Land, a California non-profit public benefit corporation ("TPL"). City and TPL are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, the Urban Orchard Project is a proposed 7-acre passive park in the City of South Gate along the Los Angeles River and the I-710 Freeway, with a primary purpose of providing storm water run-off treatment, recreation space, and open space ("Urban Orchard Project"). The park improvements thereto include, but are not limited to, a community orchard with fruit trees, native shade trees, storm water diversion structures from the Bandini Channel, a constructed wetland with emergent vegetation, an education garden, a knoll overlooking the wetland, a multi-use community building, irrigation, utilities, a natural play area with a water element, multi-use exercise pathways, picnic areas, exercise stations, public art, groundcover vegetation, pathway lighting, and a maintenance garage; WHEREAS, on August 8, 2017, the City Council approved Contract No. 3352 with TPL ("Agreement"), for Professional Services to provide program and project management services to assure coordination and cohesion of the Urban Orchard Project, and to assist the City in obtaining governrnent grants to help fund construction of the Urban Orchard Project for a three- year term through and including August 21, 2020, in the amount of Three Hundred Eight-One Thousand Three Hundred Fifty Dollars ($381,350);
WHEREAS, on January 22, 2019, the City Council approved Amendment No. 1 to Contract No. 3352, in an amount of Thirty-Four Thousand Three Hundred Fifty Dollars ($34,350) for services to include the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities;
WHEREAS, on July 9, 2019, the City Council approved Amendment No. 2 to Contract No. 3352, to extend the term of the Agreement for an additional 1 year-5 months through and including December 31, 2021, in an amount of Fourteen Thousand Nine Hundred Seventeen Dollars ($14,917) for scope of services to supplement the (a) Phase I Cultural Resources Assessment and Section 106 Compliance Study, and (b) develop a Jurisdictional Delineation Report;
143
Amendment No. 6
Contract No. 3352
WHEREAS, on November 10, 2020, the City Council approved Amendment No. 3 to Contract No. 3352, in an amount of Nine Thousand, Three Hundred Eighty-Six Dollars ($9,386) for additional services performed to update Phase I, Cultural Resources Assessment and Section 106 Compliance Study and to fund permit fees; WHEREAS, on May 25, 2021, the City Council approved Amendment No. 4 to Contract No. 3352, with no additional compensation to establish procedures and protocols for the payment by the City from its own 'funds to contractors in such situations, for the timely reimbursement to the City by TPL from TPL's own funds, and for the subsequent reimbursement of TPL from the proceeds of those grants; and
WHEREAS, on January 11, 2022, the City Council approved Amendment No. 5 to Contract No. 3352, in an amount of Six Hundred Forty-Four Thousand, Seven Hundred Seventeen Dollars ($644,717), for program management, design and construction support services, and to extend the contract term to February 28, 2023.
WHEREAS, the City and TPL desire to execute this Amendment No. 6 to extend the term of the Agreement for an additional 10 months, from February 28, 2023 through and including December 31, 2023, in an amount not to exceed Three Hundred Thousand Dollars ($300,000), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5 and Amendment No. 6 to a sum of One Million Three Hundred Eighty-Four Thousand Seven Hundred Twenty Dollars ($1,384,720).
WHEREAS, on December 29, 2022, the City received a Corrective Action Order (Order) from the Los Angeles County Department of Public Health Solid Waste Management Program (County). The City needs to obtain a Post Closure permit submitting certain administrative and technical documents such as Phase I and II Reports and PCLUP, due to the site being an unpermitted landfill which was closed in 1949. Amendment No. 6 is needed for additional technical services required to comply with requirements from the County. The scope of work to comply with the requirements is uncertain as the 'full scope has not been communicated to the City or TPL. However, the estimate of services may be up to $300,000, therefore, the amount is budgetary in nature. Initial services include l) a Site Investigation Report, 2) methane monitoring, and 3) additional professional services required by Los Angeles County Department of Public Health. TPL will be provided approval to expend funding as the need arises up to $300,000.
Additional services may include any work needed to be completed by TPL and their consultants to achieve compliance inclusive of technical works and project management.
NOW, THEREFOR, the parties hereby agree as follows:
1. TERM OF AGREEMENT.
The term of Agreement shall be extended by 10 months from February 28, 2023 through and including December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
144
AmPnduliul riu. 6
Contract No. 3352
COMPENSATION.
The amount of compensation paid by the City to TPL for the work identified in Exhibit "A" shall not exceed Three Hundred Thousand Dollars ($300,000). These additional services will be reimbursed to the City and TPL by grants.
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in 'full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
Furthermore, the 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 AmendmentNo. 6 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: oa4'I
Raul F. Salinas, City Attorney
THE TRUST FOR PUBLIC LAND:
B7:
Gilman Miller, Senior Counsel
Date:
145
EXHIBIT A
STUDIO-
MLA
251 South Mission Road studio-mla.com
Los Angeles, California 90033
T 213 384 3844
Digilxlly iigned by Gilman Millii
email=hiiaowen ihiholpl iiTgl
January 6, 2023
January 4, 2023
RE: Urban Orchard Additional Services #13 - Department of Public Health Assistance Dear Robin:
We are providing this additional service in response to The Trust for Public Land's and the City of South Gates request for assistance by Tetra Tech as it relates to an emai lfrom the Los Angeles County Department of Public Health, Solid Waste Management Program. Based on that request Tetra Tech has provided an additional service request which is attached to, and a part of this Additional Service #13.
Assistance per attached proposal on a T&M Basis estimated initially at: $40,000.00 Studio-MLA administration of the Add Service: $ 3,200.00 Additional Service Total: $43,200.00
Please let us know if you have further questions.
Sincerely,
9-Ay-q
Jan Dyer
Principal
146
[TETRA TECH
January 3, 2023
Mr. Matt Romero
Studio-MLA
251 South Mission Road
Los Angeles, CA 90033
Reference: Urban Orchard Multi-Benefit Park and Green Infrastructure Project Department of Public Health Response
Dear Mr. Romero:
On December 14, 2022 the City of South Gate (City) received an email from the Los Angeles County Department of Public Health, Solid Waste Management Program (DPH). Per that correspondence, DPH, acting as the Local Enforcement Agency notified the City that the site is subject to California State solid waste regulations and that a Post Closure Land Use Plan (PCLUP) is required to be submitted prior to any change to the current land use. In addition, the email further notified the City to immediately cease and desist any work at the site. The City and The Public Land Trust (TPL) contacted Tetra Tech on December 15, 2022 requesting assistance in responding to this notification.
At this time, the scope of work is not defined as the requirements to resolve this matter with DPH will need to further clarified by DPH. In the meantime, TPL and the City has requested the following services:
1. Attend meetings;
2. Review existing project documents;
3. Provide input and recommendations to the City and TPL to address the DPH notice;
4. Prepare a report summarizing the investigations performed at the site for review by DPH.
Due to the limited information available regarding the actual use of the site as a landfill, there is insufficient information to delineate the waste limits or characterize the type of waste. Therefore, Tetra Tech is unable to prepare a Post Closure Land Use Plan. The agreed upon plan is to prepare the report summarizing the investigations and findings to date to gain further clarity from DPH as how to proceed. Once direction from DPH is received, Tetra Tech will review the comments and prepare a refined scope of work to assist the City and TPL in the response.
LABOR AND FEE ESTIMATE
We are prepared to complete the work on a Time and Materials (T&M) basis, based on the hourly rates attached. We are requesting an initial540,000 to support the City and TPL in these efforts.
NOTICE TO PROCEED
17885 Vt'in K;u m.m Avc. Suite St)O
Tel 949 809 5000
Irvmc. CA 9261 '.
tetratech.com
147
Mr. Matt Romero
January 3, 2023
Please feel free to contact Mark Bush at 949-636-3957 if you have any questions regarding our scope of services or the proposed fee. If Studio-MLA agrees with the above services and fee, please return a signed copy of this change order. This matter is urgent to the City and TPL as this notice effectively stops work on the project until this issue is resolved.
Sincerely,
Aric Torreyson, PE
BY
Authorized Signature
Project Manager Printed Name
Attachment(s): Tetra Tech Price Proposal
Title
TETRA TECH
148
[TETRATECH
2023
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Project Management
Project Manager I
Project Manager 2
Sr Project Manager
Program Manager
Principal in Charge
EngineerS
Engineering Technician
Engineer 1
Engineer 2
Engineer 3
Project Engineer 1
Project Coordinator
Project Engineer 2
Sr Engineer 1
Sr Engineer 2
Sr Engineer 3
Principal Engineer
Planners
Planner 1
Planner 2
Sr Planner 1
Sr Planner 2
Sr Planner 3
Designers & Technicians
CAD Technician 1
CAD Technician 2
CAD Technician 3
CAD Designer
Sr CAD Designer 1
Sr CAD Designer 2
CAD Director
Survey Tech 1
Health & Safety
H&S Administrator
Sr H&S Administrator
H&S Manager
$225.00
$250.00
$280.00
$300.00
$340.00
$37.00
$ 00.00
$ 20.00
$ 35.00
$ 50.00
$ 65.00
$ 65.00
$ 75.00
$185.00
$210.00
$300.00
Construction
Construction Project Rep 1
Construction Project Rep 2
Sr Constr Project Rep 1
5r Constr Project Rep 2
Construction Manager I
Construction Manager 2
Construction Director
General & Administrative
Project Assistant 'l
Project Assistant 2
Project Administrator
Sr Project Administrator
Sr Graphic Artist
Technical Writer 1
Technical Writer 2
Sr Technical Writer
$95.00
$115.00
$135.00
$150.00
$195.00
Information Technology
Systems Analyst/ Programmer 1
Systems Analyst/ Programmer 2
Sr Sys Analyst/Programmer 4
Sr Systems Analyst/Programmer 2
$65.00
$75.00
$90.00
$105.00
$125.00
$150.00
$175.00
$50.00
Project Accounting
Project Analyst 1
Project Analyst 2
Sr Project Analyst
Reimbursable In-House Costs:
Photo Copies (B&W 8.5"x1 1 ")
Photo Copies (B&W '1 'l "x1 7")
Color Copies (up to 8.5"x1 1")
Color Copies (to 11 "x1 7")
Compact Discs
Large format copies
$80.00
$90.00
$105.00
$120.00
$170.00
$190.00
$235.00
$67.00
$75.00
$95.00
$130.00
$130.00
$97.00
$124.00
$155.00
$77.00
$115.00
$130.00
$196.00
$90.00
$114.00
$155.00
$ 0.15/Each
$ 0.40/Each
$ 2.00/Each
$ 3.00/Each
$1 0/each
$0.40 S.F.
$95.00
$115.00
$145.00
Mileage-Company Vehicle $0.80/mile
Mileage-POV $0.55/mile"
"current GSA POV mileage rate subject to change
All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subconsultant will be billed at cost plus 1 5%.
NOTE: Rates subject to change annually. Exliibit A - 2023 xlsx 149
ATT ACHMENT B
Amendment No. 5
Contract No. 3352
AMENDMENT N0. 5 TO CONTRACT N0. 3352
FOR PROFESSIONAL SERVICES
FOR THE URBAN ORCHARD PROJECT, CITY PROJECT N0. 539-PRK
WITH THF, TRUST FOR PUBLIC LAND
This Amendment No. 5 to Contract No. 3352 for Professional Services for the development and conshuction of the Urban Orchard Project ("Amendment No. 5"), is made and entered into on January 11, 2022, by and between the City of South Gate, a municipal corporation ("City"), and the Trust for Public Land, a California non-profit public benefit corporation ("TPL"). City and TPL are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, the Urban Orchard Project is a proposed 7-acre passive park in the City of South Gate along the Los Angeles River and the I-710 Freeway, with a pary purpose of providing storm water run-off treatment, recreation space, and open space ("Urban Orchard Project"). The park improvements thereto include, but are not limited to, a community orchard with fruit trees, native shade trees, storm water diversion stnuctures from the Bandini Channel, a constructed wetland with emergent vegetation, an education garden, a knoll overlooking the wetland, a multi-use community building, irrigation, utilities, a natural play area with a water element, multi-use exercise pathways, picnic areas, exercise stations, public art, groundcover vegetation, pathway lighting, and a maintenance garage; WHEREAS, on August 8, 2017, the City Council approved Contract No. 3352 with TPL ("Agreement"), for Professional Services to provide program andproject management services to assure coordination and cohesion of the Urban Orchard Project, and to assist the City in obtaining government grants to help fund construction of the Urban Orchard Project for a three- year term through and including August 21, 2020, in the amount of Three Hundred Eight- One Thousand Three Hundred Fifty Dollars ($381,350); WHEREAS, on January 22, 2019, the City Council approved Amendment No. l to Contract No. 3352, in an amount of Thirty-Four Thousand Three Hundred Fifty Dollars ($34,350) for services to include the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities;
WHEREAS, on July 9, 2019, the City Council approved Amendment No. 2 to Contract No. 3352, to extend the term of the Agreement for an additional l year-5 months though and including December 31, 2021, in an amount of Fourteen Thousand Nine Hundred Seventeen Dollars ($14,917) for service to scope and services to supplement the (a) Phase I Cultural Resources Assessment and Section 106 Compliance Study, and (b) develop a Jurisdictional Delineation Report;
WHF,REAS, on November 10, 2020, the City Council approved Amendment No. 3 to Contract No. 3352, in an amoiuit of Nine Thousand, Three Hundred Eighty-Six Dollars Page l of 4
150
A mpmlmr'nt )'TO, 5
Contract No. 3352
($9,386) for additional services performed to update Phase I, Cultural Resources Assessment and Section 106 Compliance Study and to fund permit fees; WHERF,AS, on May 25, 2021, the City Council approved Amendment No. 4 to Contract No. 3352, with no additional compensation to establish procedures and protocols forthe payment by the City from its own funds to contractors in such sihiations, for the timely reimbursement to the City by TPL from TPL's own funds, and for the subsequent reimbursement of TPL from the proceeds of those grants; and
WHEREAS, the City and TPL desire to execute this Amendment No. 5 to extend the term of the Agreement for an additional 14 months, from December 31, 2021 through and including February 28, 2023, in an amount not to exceed Six Hundred Forty-Four Thousand, Seven Hundred Seventeen Dollars ($644,717), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3 , Amendment No. 4 and Amendment No. 5 to a sutn of One Million Eighty-Four Thousand Seven Hundred Twenty Dollars ($1,084,720).
NOW, THERF,FORE5 THE PARTIES HE,REBY AGREE AS FOLLOWS:
1. TERM OF AGREEMENT
The term of Agreement shall be extended by 14 months from December 31, 2021 through and including February 28, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
2. COMPENSATION.
The amount of compensation paid by the City to TPL for the work identified in Exhibit "A" shall not exceed Six Hundred Forty-Four Thousand, Seven Hundred Seventeen Dollars ($644,717). These additional services will be reimbursed to the City and TPL by grants.
3. EFFF,CT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above.
151
.Amtndiucn'i riu. 5
Contract No. 3352
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 5 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
AI Rios, Mayor
APPROVED AS TO FORM:
BY:
THE TRUST FOR PUBLIC LAND:
BY:
Gilman Miller, Senior Counsel
Date: March 2, 2022
152
Amendment No. 5
Contract No. 3352
Exhibit A
AGRnM'ENT
ProjectManager
iPro@am tXrector
:tegal Counzl
Ftnance & Accounting
'Outreach Coardinator
Expenses
TOTAL
Orighul Reallac Amndl Amnd2 Amnd3 Reallot Agteement 301,600.00 41,250.00 - (20,b84.00) 324166a
38,000.00 (q4,00.00) - 13,660a
14,2X1.00 (13,110.00) - i - 12,005.40 13,145,4@
10,500.(X) 10,500a
9,500.00 (3.800.0(1) 3,7 €Nm
- 8,678.60 8,678.60
7,500.00 7,500.00
SubtolalTPL 381,350.00 381JNa
Pa'mitFees
Conatdtant Expetues
5hidioMLA Orietnal Contract CA
'StudioML.A Add Senfe for CA
i5tudlo:(fL.A Add 5enjce for CA (yintb)
StudtoAfLJk Bandtni Fence Design
Subtdal Cmiultants/J'emffls
- 3,23S.75
34.350.00 14.917.00 b,097.25
34,350.00 14,917.00 9,386.00 58,653.00
TOTAL 381,3!i0.00 34,350.00 14,917.00 9,386.00 440p03 .00 ieU'
':' 4
14 153
Exhibit "A"
THE
TRUST
FOR
PUBLIC
lANtl
November 2, 2021
RE: Urban Orchard Additional Service Request
135 W Green St
Suite 200
Pasadena, CA
91105
t: 323.223.0441
f: 626.204.4444
tpl.org
Dear Ms. Deras,
The original fee schedule assumed 3 years of work on this project. Since the time of the initial estimate, the projecthas become much larger in scope than originally anticipated and the schedule has increased significantly. TPL has spent a lot of time and effort securing additional fiu'iding to address the larger scope and has brought in significant additional funding for the project. This additional amount for TPL Project Management was included in the Measure W funding application.
We are requesting an additional service for the following items in the master budget that are identified as covered by City funding on the Urban Orchard project.
Studio-MLA is requesting additional service fee for construction administration for the design team. Documentation has been submitted for these add services. The fees breakdown is as follows:
Shidio-MLA $65,755.00
Stillwater Sciences $11,616.00
Turpin & Rattan $4,670.00
Tetra Tech $182,362.00
Team Total $264,403.00
Reimbursable Expenses $4,000.00
Grand Total $268,403.00
We are requesting an additional service for the following items in the master budget that are identified as covered by City funding on the Urban Orchard project.
* Balance of Studio MLA Corttract - $98,723.82
Current Studio MLA contract amount $ 1,027,320,00
Paid by TPL & charged to TPL funding sources ($ 894,246.18) Soil testing - covered in Amendment #1 ($ 34,350.00) Balance of contract remaining $ 98,723.82
*Invoice 10074 (12/31/19) $1,263.49
154
*Invoice 10854 (9/30/20) $3,495.75
*Invoice 11055 (12/31/20) $1,463.75
*Invoice 11230 (2/28/21) $201878.50
Plus balance on current contract of $71,622.33
* Additional TPL Project Management - $272,259.57 (see attached estimate)
* Additional tsks completed not part of the original scope of work o Grant Writing and securing additional funding for the project
s Urban Greening Grant (not awarded)
a RMC Grant (awarded)
ii Measure W (promised-official award pending LA
County Supervisors approval)
s Prop. 68 (pending)
* Virtual Community Meetings
o Scope and tirneline increase
s project completion from 2021 to 2023
Please feel free to reach out to us with any questions or comments you may have regarding the above.
Sincerely,
Matilda Reyes
Project Manager
155
STUDIO-
MLA
251 South Mission Road
Los Angeles, California 90033
T.2133843844
studio-mla.com
June 25, 2021
RE: Urban Orchard Additional Services -Additional Construction Support Dear Robin:
We are providing this additional service in response to The Trust for Public Land's request for the following changes to the Urban Orchard project:
Studio-MLA -Tasks
Additional construction support:
Rate
$185
$150
$100
Staff
Principal
Sr Associate
Designer
Hours Total
223
326
54 Original contract -Construction Support:
Stud/o-MLA TotalAdditional Fee:
Labor Cost
$41,255.00
$48,900.00
$5,400.00
$95,555.00
($29,800.00)
$65,755.00
Stillwater Sciences -Tasks
(Scope Attached)
Additional construction support for wetlands and trout stream:
Rate
$210
$164
$125
$95
Staff
Katagi, Wendy
Ward, Sam
Russell, Kerwin
Pfeffer, Margie
Original contract -Construction Support:
StillwaterSciences TotalAdditional Fee:
Hours Total
12 50
30 60
Labor Cost
$2,520.00
$8,200.00
$3,750.00
$5,700.00
$20,170.00
($8,554.00)
$11,816.00
/7"-
156
STUDIO-MLA
Urban Orchard
June 25, 2021
Turpin & Rattan -Tasks
(Scope Attached)
Additional construction support
New total sum:
Original contract -Construction Support:
Additional Service - Community Building:
Turpin & Rattan TotalAdditional Fee:
Tetra Tech - Tasks
(Scope Attached)
Additional construction support
Project Management
Project Engineer Design Support
Structural Observation
Site Inspections
Final Inspection and Commissioning
As-Built Drawings
Total
Original contract -Construction Support:
Construction support fees reallocated:
Tetra Tech TotalAdditional Fee:
Team TotalAdditional Construction Support:
Reimbursable Expenses: At Cost, Not To Exceed
Please let us know if you have further questions.
Sincerely,
9/6
Matt Lysne
Principal
$1 5,340.00
($7,145.00)
($3,525.00)
$4,670.00
$105,840.00
$ 72,980.00
$ 4,560.00
$18,944.00
$ 9,596.00
$ 4,700.00
$216,620.00
($21,458.00)
($12,800.00)
$182,362.00
$264,403.00
$4,000.00
157
Stillwater Sciences Scope of Work:
During construction of the Urban Orchard Park, Stillwater Sciences and the Southwest Resource Management Association (SRMA) will provide construction support during installation of the wetland and stream habitat feature including oversight of plant materials and habitat structure installation to ensure suitability for native species. As part of this work, Stillwater Sciences or subcontractor (SRMA) will:
* Be present for any wetland and stream habitat plant deliveries to confirm the amounts per species and inspect the overall size and health of the plants. o This budget assumes three visits to the site to receive plant deliveries. * Select and tag wetland and stream habitat plant materials at place of growth and/or approve the plant material at the site for conformance to the specifications. o This budget assumes one nursery visit to inspect growing conditions and plant growth progress.
* Provideon-sitesupportduringinstallationofthestreamhabitatfeatureincludingoversightof habitat structure installation to ensure suitability for native fish species. Staff will be required to coordinate with the contractor to schedule on-support support and ensure habitat feature placement and other critical milestones are sufficiently supervised. o Thisbudgetassumesperiodicfieldoversightduringatwo-weekinstallationofthe stream habitat structures.
* Review and assist with contractor submittals for materials and equipment as well as responding to Requests for Information (RFIs) related to the wetland and stream habitat features, as needed.
* Thisscopedoesnotincludeanyaquaticspecieshandling,monitoring,ortranslocation. * Walktheprojectsitewiththeconstructionteam,payingattentiontoandofferingfeedbackon:
o Compliance with design plans and permit regulations o Appropriate plant spacing
o Irrigation system
o Non-native plant maintenance
o Wetland and stream habitat features
o This budget assumes up to five site visits total to walk the project site with the construction team and offer feedback on the items above. tq
158
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TuRP
EN Ci IN EER IN G, IN C.
N RATTAN
[iClN9uLTlN[:i ENCilNEER3
2441 HCINOLLILLI AWNLIE
Sui'ri 20 €)
MONTRCIEIE, € A 91 [12C)
El 1 B / 2 49 / [:14 4 4
FAX / 249 / 1467
a FEE PRCIPC)SAL FCIR € CINSTRLI[,TIC:)N PHASE SERVICES ATTENTION MATT LYSNE - PLA, ASLA DATE June 10, 2021
SENT TO STUDIO-MLA PROJECT URBAN ORCHARD - South Gate
CONSTRUCTION PHASE SERVICES
- MEP Engineering
251 South Mission Rd
Los Angeles, California 90033
PROPOSAL NUMBER 17169.MO2
The proposal described below is being submitted in this abbreviated format.
If this proposal is acceptable, please indicate below confirming authorization to proceed.
DESCRIPTION OF PROJECT
I
Matt,
This Proposal for Construction Phase Services includes services incorporating all the original scope, as well the scope as it evolved during the design phases.
Construction Phase - Scope of MEP Services:
The scope of services for the Construction Phase will include the following tasks and services:
Review of the MEP subcontractors' submittals for conformance with the general design concept.
Submittals will not be reviewed for strict compliance with the Construction Documents. Reviews of each system or product will be limited to two (2) submittals. If additional reviews for the same system (not necessarily same manufacturer) are required, then the provisions of Additional Services of this proposal will apply.
Visit the site at intervals appropriate to the stage of construction (maximum three visits), in order to observe the progress and quality of the work completed by the Contractor. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather is to allow us, as an experienced professional, to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the Contract Documents. If additional site visits are required, the provisions of Additional Services herein will apply.
Response to the MEP subcontractors' questions and inquiries regarding interpretation of the plans and specifications.
Issue construction document clarifications - via the established protocol and process.
Attend a scheduled site visit at near completion of the project, to review the MEP installation and construction, in general, and compare their conformance with the Contract Documents (plans and specifications). If additional site visits are required, the provisions of Additional Services herein will aPPIY.
159
June 10, 2021
URBAN ORCHARD - South Gate
CONSTRUCTION PHASE SERVICES
f. Preparation of record MEP drawings using clarifications and RFI's generated during construction and from drawings prepared by the MEP contractors. The "record drawings" revisions will be computer drafted and incorporated into the record drawings. TREI will not be responsible for "tracking" the changes or visiting the site to verify the accuracy of the contractor's markups.
Proposed Enqineerinq Fee - Construction Phase Services:
The proposed MEP engineering fee is a lump sum amount as follows:
rnOru,>bu tbL - CONSTRUCTION PHASE SERVICES $ 15,340.00 Thank you for this opportunity. Please let me know if you have any questions or need any additional information.
TOTALPROPOSEDLUMPSUMFEES i $15,340.00 (Fffteen Thousand, Three Hundred, Forfy Do//ars) TURPIN & RATTAN ENGINEERING, INC.
,, sii:'i2='4
Approved and Authorized By
Wt ff Name
Kenneth A. Kraut
Qanihr Vira Draaidan* Title
Date
G:QO17117169.MO0 Lkban Orcham Pa*V"ioposals - Scope ModlTRE Response DocumentslT&RPtoposal P17180.MOO CAServices RO 202'l-06-10.docx PFICIVIDINII CLIENT EIATlgl"AC:TION THRClu(aH INNOVATIW ENGINEERING gCILLITION!l OCILIPLEO WITH TEAM WOIQK, INTEallllT%a, QUALITY, AND VIBION 160
[%TETRA TECH
June 16, 2021
Mr. Matt Lysne
Studio-MLA
251 South Mission Road
Los Angeles, CA 90033
Reference: Urban Orchard Multi-Benefit Park and Green Infrastructure Project Construction Support Services
Dear Mr. Lysne:
Tetra Tech appreciates the opportunity to submit our proposal to provide construdion support services during the construction ofthe Urban Orchard Multi-Benefit Park and Green Infrastructure Project. The design engineers and Engineers of Record from the design phase will continue to support the City through the entire construction and commissioning phase of the project. Tetra Tech will provide construction support and will be on hand to assist the City with office support, including: shop drawing submittal review, assisting with Requests for Information (RFI), making changes to the plans in the event a change order is processed or a change in the design is desired, and provide inspection support as needed. Services will be provided to support only the plans and specifications prepared by the Tetra Tech. Services do not include support for landscape architecture, eledrical site distribution, construction staking, and the production of an O&M Manual.
SCOPE OF SERVICES
Project Management
Tetra Tech will provide project management and coordination services to ensure Tetra Tech's designers and engineers are up to date on all construction activities.
Our team will attend a one-day pre-construction meeting with the construction Contractor, City personnel, TPL, Studio-MLA, and other relevant personnel.
Tetra Tech will attend weekly construction meetings with the construction field team and Contractor, and as requested by the City for the duration of construction for approximately 80 weeks. A total of 80 meetings at four (4) hours each, attended by one (1) team member, for a total of 320 labor-hours.
A total of 48 hours has been budgeted to provide support and coordination between the City and Contractor with the Los Angeles County Flood Control District.
A total of 648 labor-hours is budgeted for this task. 17885 Von Karman Ave., Suite SOOi li-vine, CA 92614
Tel 949.809.5000 tetratech.com
2L
161
Mr. Matt Lysne
June 16, 2021
Project Engineer Design Support
This task involves engineering support during construction and startup. Construction management, construction contract administration, inspection, and testing will be performed by others. Services will be provided to support only the plans and specifications prepared by the Tetra Tech.
Tetra Tech will review shop and work drawings of fabricated and manufactured equipment forwarded to us by the City, for substantial conformity with the intent of the contract documents. Ten (10) to fifteen (15) calendar days is scheduled from receipt by the team to date of return of the reviewed submittal copies. The level of effort required for this task depends on the number of submittals to be reviewed, the quality of those submittals, and the number of resubmittals required.
The level of effort for this task is based on an assumption of eighty (80) submittals and forty (40) re-submittals, with an average level of effort of approximately two (2) hours per submittal for the initial submittal and one (1) hour for the resubmittals. The total allowance for reviewing submittals is 214 labor-hours.
Tetra Tech will review and respond to RFIs submitted by the Resident Project Representative (RPR). Although the time required to respond to a particular request for clarification varies greatly, the estimated level of effort for this task assumes forty-five (45) RFIs at about four (4) hours-each. The total allowance for reviewing and responding to RFIs is 190 labor-hours.
Our team will assist the City with the preparation of change orders and plan clarifications. A total of 82 labor- hours is budgeted.
Structura/ Observation
Onsite structural observations will be performed by a registered design professional for general conformance to the approved construction documents at significant stages and at completion of each structural system as required by the building code. At the end of each visual inspection, the structural observer shall prepare a report noting any deficiencies. The report will be stamped and signed by the responsible structural observer and sent to the appropriate authority. A total of five (5) observations are anticipated at various stages of construction for the diversion structure for a budgeted amount of 30 labor-hours including travel time and office time to summarize inspection observations in memorandum form.
Site Inspections
Throughout the duration of construction, Tetra Tech will perform site inspections of the improvements. It is assumed that a total of twelve (12) inspections will be performed. Two (2) inspections of the pump stations will be performed by the structural and mechanical team members, two (2) inspections for the instrumentation components by the electrical team and approximately six (6) inspections from the civil team to inspect the diversion structure, pretreatment device, underground storage, and all other areas not covered by the structural, mechanical, and electrical team members. A total of 112 labor-hours including travel time and office time to summarize inspection observations in memorandum form has been budgeted.
Final Inspection and Commissiomng
Following completion of construction, Tetra Tech will perform final inspections of the completed or nearly completed site and infrastructure. Our team will advise the City as to the acceptability of the work. Tetra Tech members from each design discipline will perform the inspections. A total of 48 labor-hours including travel time and office time to summarize inspection observations in memorandum form has been budgeted. 2 TETRA TECH
162
Mr. Matt Lysne
June 16, 2021