South Gate City Council
February 28, 2023

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, February 28, 2023 at
6:30 p.m.

AMENDED

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVENUE

SOUTH GATE, CA
90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 850 2128 4132
HTTPS://US02WEB.ZOOM.US/J/85021284132
Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Maria del Pilar Avalos, Mayor (Participating via
teleconference)
INVOCATION:

Pastor Anthony Kidd, Community of Faith Bible Church
PLEDGE OF ALLEGIANCE:

Fabiola Salceda, Housing Specialist
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
Al Rios

CITY ATTORNEY
1 Raul F. Salinas

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.

Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City's Vision Statement
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.

Public Hearings - NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
2 Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.

Reports And Comments From City Officials

During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.

Consent Calendar Items

Agenda Items
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
are Consent Calendar Items. All items
including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.

Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.

Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.

1. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public facilities related
to the Urban Orchard, City
Project No. 539-PRK without public bidding, pursuant to the Emergency Contracting Procedures of the
SG Municipal Code and the California Public
Contract Code

The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of
public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the
California Public Contract Code. (PW)
Documents:

Item 1 Report 02282023.pdf

2. Resolution amending Resolution No. 6454 (Salary Reso and Position Classification) to update the job specifications of the Police Officer, Police Officer Lateral and Police Recruit positions in the Police Department

The City Council will consider adopting a
Resolution
amending Resolution No. 6454
(Salary Resolution and Position Classification Plan) to update the job specifications of the 3 Police Officer, Police Officer Lateral and Police Recruit positions in the Police Department. (HR)
Documents:

Item 2 Report 02282023.pdf

3. Resolution initiating the annual proceedings for the FY 2023/24 Levy Assessments

The City Council will consider adopting a
Resolution
initiating the annual proceedings for
the levy of the Fiscal Year 2023/24 assessments and ordering the preparation of an Engineer's Report for the Street Lighting and Landscaping Maintenance District No. 1. (PW)
Documents:

Item 3 Report 02282023.pdf

4. Resolution relating to SB998 – Policy on water

The City Council will consider: (ADMIN SVCS)
a. Adopting a
Resolution
amending Resolution No. 2020-04-CC updating Rule Four
(Policy On
Discontinuation of Residential Water Service for Non-Payment) of the Rules and Regulations
governing the Water Division, the Water Customer Service Division and all Water
Development and distribution activities, functions and systems of the South Gate Municipal
Water Works System to clarify language pertaining to the alternate payment arrangements in
compliance with Senate Bill 998; and

b. Directing staff to post the updated policy on the City's website (translated into multiple languages) as required by Senate Bill No. 998.

Documents:

Item 4 Report 02282023.pdf

5. Amendment No. 1 to Contract No. 3430 with Fiesta Taxi extending term for 1 year

The City Council will consider: (PARKS)
a. Approving
Amendment No. 1 to Contract No. 3430
with Fiesta Taxi Cooperative, Inc.
dba Fiesta Taxi/Ride Yellow ("Fiesta Taxi") to provide Dial-A-Ride services for the residents of South Gate for an additional one (1) year through and including June 30, 2024; and

b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.

Documents:
4 Item 5 Report 02282023.pdf

6. Agreement and Change Order No. 1 with Sequel Contractors, Inc for Construction of Garfield Avenue Complete Street Project, City Project No. 564-ST

The City Council will consider: (PW)

a. Approving an
Agreement
with Sequel Contractors, Inc. ("Agreement"), for the
construction of Garfield Avenue Complete Street Project, City Project No. 564-ST, in an amount not-to-exceed $5,052,943, which is inclusive of the $2,793,750 Base Bid and $2,259,193 Additive Alternate No. 1;

b. Approving Change Order No. 1 to reduce the concrete quantities from 62,200 SF to 20,000 SF which will be replaced with irrigation and landscape improvements that are a part of the scope of work for Additive Alternate No. 1, for a total contract reduction amount of $548,600;

c. Appropriating $600,000 in Measure W Funds from the fund balance to the Garfield Avenue Complete Street Project, City Project No. 564-ST;

d. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $500,000 to avoid delaying construction if change order work is needed;

e. 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;

f. Declaring the Garfield Avenue Complete Street Project, City Project No. 564-ST Categorically Exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA");

g. Approving the Notice of Exemption for the construction of the Garfield Avenue Complete Street Project, City Project No. 564-ST, and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office; and

h. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 6 Report 02282023.pdf

7. Agreement with INTERA Inc., for design services for the Construction of Well No. 30 The City Council will consider: (PW)
a. Approving an
Agreement
with INTERA Incorporated to prepare design and
construction
documents, provide hydrogeological and construction support services on 5 the Well No.

30 at Hawkings Reservoir Site City Project No. 605-WTR, in an amount not to exceed
$399,000; and

b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 7 Report 02282023.pdf

8. Agreement with Champion Chrysler Jeep Dodge Ram Fiat for the purchase of a 2022 Dodge Ram 1500 for the Police Department

The City Council will consider: (PD)
a. Approving a Purchase Order Agreement with Champion Chrysler Jeep Dodge Ram Fiat for the purchase of one vehicle for the Police Department, in the total amount of $50,720.65; and

b. Authorizing the Mayor to execute the Purchase Order in a form acceptable to the City Attorney.

Documents:

Item 8 Report 02282023.pdf

9. Purchase of ten (10) Panasonic Toughbook CF-33 tablet computers for the Police Department

The City Council will consider: (PD

a. Approving a purchase order for ten (10) mobile data computers in the amount of $88,703.75; and

b. Authorizing the Mayor to execute the Purchase Order Agreement in a form acceptable to the City Attorney.

Documents:

Item 9 Report 02282023.pdf

10. Grant Deed for Right-of-Way Street Dedication at 3420 Firestone Boulevard

The City Council will consider: (PW)
a. Accepting a Grant Deed from 3420 Firestone, LLC., to secure right-of-way for street purposes as part of the development located 3420 Firestone Boulevard, 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.
6 Documents:

Item 10 Report 02282023.pdf

11. Resolution appointing a delegate and an alternate to the Governing Board Of The Independent Cities Risk Management Authority
(ICRMA)

The City Council will consider: (HR)
a. Affirming the appointment of City Council Member Maria Davila to serve as the City's delegate to the Governing Board of ICRMA;

b. Appointing Jon Hamilton, Director of Human Resources, to serve as the alternate delegate; and

c. Adopting a
Resolution
appointing a delegate to the governing board of the
Independent Cities Risk
Management Authority (ICRMA).

Documents:

Item 11 Report 02282023.pdf

12. Investment Report for the Quarter Ending December 31, 2022

The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2022. (ADMIN SVCS)
Documents:

Item 12 Report 02282023.pdf
Reports, Recommendations And Requests

13. Agreement with AltaMed for a Three-Year Behavior Health Pilot Program at three South Gate Middle Schools

The City Council will consider: (CM)
a. Approving the
Professional Services Agreement
with AltaMed for a three-year
Behavior Health Pilot Program at three South Gate Middle Schools not to exceed $460,718;

b. Reallocating $460,718 of American Rescue Plan Act funds set aside for possible Pocket Parks projects to the Mental Health Services account; and

c. Authorizing the Mayor to execute the agreement in a form acceptable to the City Attorney.

Documents:

Item 13 Report 02282023.pdf
7 14. Warrant register for February 28, 2023

The City Council will consider approving the Warrant Register for February 28, 2023. (ADMIN SVCS)

Total of Checks: $3,675,308.49 Less: Voids $ (18,074.14) Less: Employee Payroll Deductions
$ (330,374.22)
Grand Total: $3,326,860.13

Cancellations: 96244, 99973, 100007
Documents:

Item 14 Report 02282023.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on February 23, 2023, at 3:30 p.m., as required by law.

Yodit Glaze
City Clerk

GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:

City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.

PUBLIC COMMENT/PARTICIPATION
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 8 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]
.
9 CiTYMANAGER'S (IFflCE
Item No. l
FEB 21 2823 Ciffl of South Gate
g { : ( -' (, . CITY COUNCIL
AG-ENIDA JBJ[LL
For the Regular Meeting of: February 28, 2023
Department: Public Works
Department Director: Ciffl Manager:
0Xhris Je ers
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND

AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT N0. 539-PRK

WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY CONTRACTING

PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND THE CALIFORNIA

PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding.

The Los Angeles County Department of Public Health, Solid Waste Division (County) issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.

RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.

FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $25.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below.

ANALYSIS: The Project was 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 stop all construction activities until such time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.

To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. 1 10
Such termination provided both immediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perfornn certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in normal public bidding procedures
The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding, where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due the public safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff is recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (1) declares an emergency, (2) authorizes the City's City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids to let contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justi:[ying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action until the emergency action is terminated.

The City is working diligently to secure the PCLUP approval. The process has been initiated with the submittal of technical documents such as the Workplan for interim measures and a Summary of Site Investigation.

Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:

1. NRDevelopmentInc.wasinformedthatContractNo.2021-66-CCwasterminatedbythe City Council effective February 13, 2023, except for maintenance activities.

2. Met with NR Development Inc. to discuss the steps to close out construction activities and continue maintenance activities.

3. Coordination with the Trust for Public Land to initiate the process to prepare the technical documents necessary to secure a replacement contractor. Initiated communications to select a replacement contractor for the performance of maintenance activities on the project site.

BACKGROUND: The 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. Two primary purposes of the Project are to divert and treat storm water run-off from the Los Angeles River and provide recreation opportunities to South Gate residents.

The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System (SWIS) as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic 2 11
Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can OCcur,
The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the Local Enforcement Agency (LEA) for the State of California's Department of Resources Recycling and Recovery (CalRecycle). The County is authorized by Division 30 of the Public Resources Code (PRC), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the State minimum standards within the Coiu'ity of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.

Construction is currently at the 80% completion stage. Improvements that have been substantially completed include but are not limited to rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroom/maintenance building, two shade structures, a water element at the playground, installation of 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, and pathway lighting. The total estimated cost of improvements completed to date is over $12 million.

The Project has received the listed grants:

Grants Amount Grant Recipient
State Water Resource Control Board (Prop l) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Rivers and Mountains Conservancy Funds $4,404,798 TPLPrivate Donations $90,000 Total $25,506,161
ATTACHMENT: Proposed Resolution
GD:lc
3 12
Attachment A
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH GATE, ST ATE OF CALIFORNIA, DECLARING AN

EMERGENCY STILL EXISTS AND AUTHORIZING

REPAIR, REPLACEMENT OR MAINTENANCE

ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE

URBAN ORCHARD PROJECT WITHOUT PUBLIC

BIDDING, PURSUANT TO THE EMERGENCY

CONTRACTING PROCEDURES OF THE SOUTH GATE

MUNICIPAL CODE AND THE CALIFORNIA PUBLIC

CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; and WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete; and
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order"); and
WHEREAS, the City has terminated its construction agreement withthe contractor, except for the requirement for the contractor to perform certain maintenance activities; and WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities"); and WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids.

4 13

NOW, THEREFOR, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL OF

THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:

1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coupled with the immediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and

2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and

3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency.

NOW, THEREFOR, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.

SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.

SECTION3: AteachregularlyscheduledmeetingoftheCouncilafterthedateofthisResolution until further notice from the Council, the City Manager shall present to the Council the reasons justi:[ying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.

SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action.

SECTION 5. The Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the Maintenance Activities may be completed by giving notice for bids to let contracts.

SECTION 6. In accordance with the provisions of California Public Contract Code F3 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.

14 SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 28'h day of February, 2023.

CITY OF SOUTH GATE
B7:

Maria del Pilar Avalos, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

F. Salinas, City Attorney

15 Item No. 2
CffYMANAGER'S OFFICE
FEB 142023 Cig ofSouth Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meeting of: February 28, 2023
Originating ent: Human Resources
Human Resources Director: Ci@ Manager: (yX i
C'hris Je,fers
SUBJECT: RESOLUTION AMENDING RESOLUTION NO. 6454 (SAI,ARY

RESOLUTION AND POSITION CLASSIFICATION PLAN) TO UPDATE THE JOB

SPECIFICATIONS OF THE POLICE OFFICER, POLICE OFFICER LATERAL AND

POLICE RECRUIT POSITIONS IN THE POLICE DEPARTMENT PURPOSE: To update the job specifications of the Police Officer, Police Officer Lateral and Police Recruit positions in the Police Department.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to update the job specifications of the Police Officer, Police Officer Lateral and Police Recruit positions in the Police Department.

FISCAL IMPACT: There is no fiscal impact associated with updating the job specifications.

The Fiscal Year 2022/23 budget included fiinding for the Police Officer, Police Officer Lateral and Police Recruit positions.

ANALYSIS: None.

BACKGROUND: The City needs to update the Police Officer job specifications to comply with recent law changes. Senate Bill 960, which was approved on September 29, 2022, removes citizenship requirement effective January 1, 2023. Per Senate Bill 960, peace officer candidates are no longer required to be US Citizens; instead, the bill requires only that an individual be legally authorized to work in the United States under federal law. The bill expressly states that it shall be interpreted and applied consistent with federal law and regulations, and that this change in the law does not permit the City to override or bypass work authorization requirements under federal law.

Under federal law, the City is required to complete the Employment Eligibility Verification Form (I-9 Form) from the Department of Homeland Security, U.S. Citizenship and Immigration Services, within three days after hiring an employee, which contains basic information such as the new employee's name, date of birth, address and Social Security number, and certifies that the employee has presented documentation confirming his or her right to work in the United States. 1 16
Generally, to be authorized to work in the United States under federal law, a person must be a natural born or naturalized U.S. citizen, or, if a non-citizen, someone who has received work authorization because he or she is lawfully in the United States. This includes perinanent residents, those who have temporary authorization to be in the United States, to work in a professional capacity (architects, lawyers, doctors, engineers, athletes, actors, company executives/managers, religious leaders, etc.) witli no desire to later become U.S. Citizens, and those with student visas.

Human Resources staff worked with the Police Department to update the job specifications for the Police Officer, Police Officer Lateral and Police Recruit positions.

Staff notified the Police Officers Association (POA) Board informing it of the proposed changes and it is in agreement with the changes. In addition, staff also notified the Municipal Employees Association (MEA) regarding the changes impacting the Police Recruit position and received no objections to the change.

ATTACHMENTS: A. Proposed Resolution (with updated job specifications) B. Red-lined Police Officer, Police Officer Lateral and Police Recruit job specifications
2 17
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING RESOLUTION N0. 6454 (SALARY

RESOLUTION AND POSITION CLASSIFICATION PLAN) TO UPDATF,

THE JOB SPECIFICATIONS OF THE POLICE OFFICER, POLICE

OFFICER LATERAL AND POLICE RECRUIT POSITIONS IN THE

POLICE DEP ARTMENT
WHEREAS, the City needs to update the Police Officer job specifications to comply with recent law changes of Senate Bill 960;
WHEREAS, Senate Bill 960 removes the United States citizenship requirement effective January 1, 2023;
WHEREAS, the City desires to update the job specifications of the Police Officer, Police Officer Lateral and Police Recruit;
WHEREAS, the City, based on evaluation, has determined that changes are necessary to update the job specification of the Police Officer, Police Officer Lateral, and Police Recruit positions, as detailed in the proposed Class Specifications & Attributes attached hereto as Exhibit ((,%,,1) (48,)) and tc(>ii,i and
WHEREAS the City, in consultation with the Human Resources Department and the Police Department, has determined that it is proper to update the job specifications of the Police Officer, Police Officer Lateral and Police Recruit positions.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council hereby approves and adopts the proposed amendment to the City's Salary Resolution and Position Classification Plan to update the positions of Police Officer, Police Officer Lateral and Police Recruit in the Police Department.

SECTION 3. The City Council hereby approves and adopts the proposed job specifications for the Police Officer, Police Officer Lateral, and Police Recruit positions, attached hereto as Exhibit "A," "B," and "C."
3

18 SECTION 4. The City Clerk shall certify to the adoption of this Resolution which sliall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 28'h day of February 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

Yodit Glaze, Deputy City Clerk
(SEAL)
APPRO AST FORM:

F. Salinas, City Attorney
Page2of2
19 Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

POLICE OFFICER

DESCRIPTION
Under general supervision, police officers enforce laws and ordinances, prevent criine, protect life and property, maintain order, investigate crimes, accidents, vandalism, and detain persons suspected of criininal behavior; and emphasize community-based policing, community interaction and collaborative problem solving and perform related work as required.

CLASS CHARACTERISTICS
The Police Officer is the journey level class in the Police Officer series in wliid'i incumbents are expected to independently perform the full scope of assigned law enforcement duties and responsibilities under general supervision. This classification is distinguished from the nexthigher classification of Police Sergeant in that the latter is responsible for the performance of the more complex and difficult tasks, for making command decisions in the field and for the supervision of assigned personnel and activities.

SUPERVISION RECEIVED
Works under the direct supervision of Police Sergeant orliigher-rankingposition dependingupon assignment.

SUPERVISION EXERCISED
Does not supervise.

ESSENTIAL FUNCTIONS
The following functions are typical for this classification. Tlie incumbent may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices.

Patrols assigned areas by car, foot, or motorcycle; performs crii'ne suppression and prevention activities; makes arrests, issues citations, serves subpoenas, and warrants; gives directions and answers special calls; conducts initial and follow-up investigations; interviews victims, complainants and witnesses; answers complaints, including domestic disturbances, health code and local ordinance violations; performs surveillance activities; conducts chemical, dnig and alcohol testing; investigates suspicious circumstances.

Performs selective enforcement when assigned, responds to radio messages or teleplione instruction; appears at scenes of accidents, disorders, or crimes; notes andreports traffic hazards; investigates andpreparesreports on accidents, offenses and damages to property.

ASSiStS in booking and releasing prisoners; transports prisoners; appears in court on and off duty as tlie arresting officer; interrogates persons whose actions are suspicious; performs initial investigations of crime and violations reported.

Regulates traffic, enforces traffic laws; conducts complete accident investigations; controls anddirects traffic when necessary; reports unsafe or hazardous conditions; requests objects which may endanger traffic be removed from the streets; perforins crowd control, special event or riot duties; may act as a dispatcher or jailer, assists in crime prevention activities and the control of juvenile delinquency; counsels and educates the cotnmunity; administers first aid in cases of emergency. 5 20 POLICE OFFICER (CONT.) 2
Provides assistance, information and responds to questions in collaboration witli staff, citizens and public safety agencies as appropriate.

Emphasizes collaborative problem solving and coinrnunity interaction in all aspects of tlie job and in a manner tlxat is free of bias against any individuals or specific groups of people Attends special training classes and target practice.

Establishes positive working relationships with representatives of coinmunity organizations and associations, City management and staff and tlie public.
0UALIFICATIONS
Any combination of education and experience tliat wouldprovide the requiredknowledge, skills, and abilities is qualifying. A typical way would be:

Education and Experience
Graduation from high school or equivalent, or liave attained a two-year, four-year, or advanced degree from an accredited college or university. Graduate from a P.O.S.T. Basic Police Academy. Must obtain and maintain a valid Basic Peace Officer's Standards and Training (p.o.s.'r.) Certificate witl'iin eighteen (18) months of hire.

License/Certifications/Special Req.uirements
Must possess a California Class C driver's license showing proof of insurance and a satisfactory driving record required at time of appointment and throughout employment in this position. Must be legally authorized to work in tlie United States under federal law. English/Spanish bilingual skills l'iighly desirable.

Must be 21 years of age at the time of application. Per Section 13651 PC: must be found to be free from any physical, emotional, ormental condition, including bias againstrace or etlu'iicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of tlie powers of a peace officer.

Background, fingerprinting, polygraph examination, and medical and psychological clearance required.

Pliysical Standards
Height and weiglit correlations must be in proper proportion according to current medical standards. Normal color vision. Visual acuity of 20/70 in each eye correctable to 20/30 in each eye. Ability to pass a physical endurance and agility examination.

Knowledge, Skills, and Abilities
Knowledge ofi the organization, operation, rules and regulations of tlie Police Department; principles and techniques of police administration including traffic control, criine prevention, crowd disturbances and delinquency; rules of evidence; laws, ordinances and regulations affecting the work of the Department including custody of prisoners, arrest and court procedures; criminal investigation and case preparation; technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control and safety, record keeping and care and custody ofpersons andproperty; community policing policies and pliilosopl'iy; collaborative conflict resolution skills and excellent interpersonal communication skills; community relations; govemmental structure/organization ofthe City of South Gate and interrelations of the Police Department; principles and practices of personnel management, supervision and leadership.

Ability to: read and understand departmental policies, rules, instructions, laws, regulations and police literature; ability to analyze situations and adopt a quick, calm, effective and reasonable course of action in situations involving emotional or physical pressures; ability to write clear and accurate reports; remember 6 21
POLICE OFFICER (CONT.) 3
names, faces and details or incidents; ability to establisli and maintain effective relationships with others; ability to interact tactfully, effectively and in a positive manner witli City Officials, Officials of otlier organization, members of otlier agencies, cornrnunity organizations, coinmunity leaders, tlie media and the public; ability to understand and be sensitive to the needs and concen'is of diverse populations inthe City; and the ability to evaluate sensitive situations quickly and initiate appropriate action to diffuse situations and/or resolve problems.

Skill in the operation of a variety of office equipment, including computer; ability to type 25 words per mmute net.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEmCLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to tl'iis position is subject to enrolhnent in tlie California DMV Pull Notice Program. The Pull Notice program provides inforination on tlie incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering theuse of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work envirorunent described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While perforining the duties of tliis job, the employee is frequently required to walk, sit and talk or hear and may stand for extended periods of time. The employee is occasionallyrequired to use hands to finger, handle, or feel objects, tools, or controls; and reacli witli hands and anus. The employee is occasionally required to climb or balance, stoop, kneel, crouch or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by tliis job include normal color vision and tlie ability to adjust focus. Tlie noise level in tlie work environment is usually quiet in the office and moderately loud wlien outdoors. Incumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and cliemicals.

POLICE OFFICER
Revised August 2010
Revised, December 2021
Revised, February 2023
7 22
Ciffl of South Gate

POSITION SPECIFICATIONS AND ATTRIBUTES

POLICE OFFICER-LATERAL

DESCRIPTION
Under general supervision, police officers enforce laws and ordinances, prevent crime, protect life and property, maintain order, investigate crimes, accidents, vandalism, and detain persons suspected of criminal behavior; and emphasize cotmnunity-based policing, comi'nunity interaction and collaborative problem solving and perfon'n related work as required.

CLASS CHARACTERISTICS
The Police Officer is the journey level class in tlie Police Officer series in wliicli incumbents are expected to independently perform the full scope of assigned law enforcement duties and responsibilities under general supervision. This classification is distinguished from tlie next higher classification of Police Sergeant in tliat the latter is responsible for the performance of the more complex and difficult tasks, for making command decisions in the field and for the supervision of assigned persoru'iel and activities.

SUPERVISION RECEIVED
Works under tlie direct supervision of Police Sergeant orhigher-ranking position depending upon assigent.

SUPERVISION EXERCISED
Does not supervise.

ESSENTIAL FUNCTIONS
The following functions are typical for tl'iis classification. The incumbent may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and clianging business practices.

Patrols assigned areas by car, foot, bicycle or motorcycle; perfon'ns criine suppression and prevention activities; makes arrests, issues citations, serves subpoenas, and warrants; gives directions and answers special calls; conducts initial and follow-up investigations; interviews victims, complainants and witnesses; answers complaints, including domestic disturbances, health code and local ordinance violations; performs surveillance activities; conducts chemical, drug and alcohol testing; investigates suspicious circumstances.

Performsselectiveenforcementwhenassigned,respondstoradiomessagesortelepl'ioneinstnuction; appears at scenes of accidents, disorders, or crimes; notes and reports traffic hazards; investigates andprepares reports on accidents, offenses and damages to property.

ASSiStS in booking and releasing prisoners; transports prisoners; appears in court on and off duty as the arresting officer; interrogates persons whose actions are suspicious; performs initial investigations of crime and violations reported.

Regulates traffic, enforces traffic laws; conducts complete accident investigations; controls anddirects traffic when necessary; reports unsafe or hazardous conditions; requests objects which may endanger traffic be removed from the streets; performs crowd control, special event or riot duties; may act as a dispatcher or jailer, assists in cri+ne prevention activities and the control of juvenile delinquency; counsels and educations the cominunity; administers first aid in cases of emergency. 8 23 POLICE OFFICER-LATERAL (CONT.) 2
Provides assistance, information and responds to questions in collaboration with staff, citizens and public safety agencies as appropriate.

Empliasizes collaborative problem solving and community interaction in all aspects of the job and in a manner tliat is free of bias against any individuals or specific groups of people.

Attends special training classes and target practice.

Establishes positive working relationships with representatives of coini'nunity organizations and associations, City management, staff and the public.

OUALIFICATIONS
Any combination of education and experience tliat would provide therequired knowledge, skills, and abilities is qualifying. A typical way would be:

Education and Experience
Graduation from high school or equivalent, or have attained a two-year, four-year, or advanced degree from an accredited college oruniversity. Applicants must currently be employed by a Califomia Law Enforcement Agency, be off probation and be in possession of a Basic POST Certificate issued by the State of California.

License/Certifications/Special Requirements
Must possess a California Class C driver's license sliowing proof of insurance and a satisfactory driving record required at time of appointment and throughout employment in this position. Must be legally authorized to work in the United States under federal law. English/Spanisli bilingual skills higl'ily desirable.

Must be 21 years of age at the time of application. Per Section 13651 PC: must be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that migl'it adversely affect the exercise of the powers of a peace officer.

Background, fingerprinting, polygraph examination, and medical and psychological clearance required.

Physical Standards
Height and weight correlations must be in proper proportion according to current medical standards. Normal color vision. Visual acuity of 20/70 in each eye correctable to 20/30 in eacli eye. Ability to pass a pliysical endurance and agility examination.

Knowledge, Skills, and Abilities
Knowledge of: the organization, operation, rules and regulations of the Police Department; principles and techniques of police administration including traffic control, crime prevention, crowd disturbances and delinquency; rules of evidence; laws, ordinances and regulations affecting tlie work of tlie Department including custody of prisoners, arrest and court procedures; criminal investigation and case preparation; technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control and safety, record keeping and care and custody ofpersons andpropeity; community policing policies and pliilosophy; collaborative conflict resolution skills and excellent interpersonal communication skills; cornrnunity relations; governmental structure/organization ofthe City of Soutli Gate and interrelations of the Police Department; principles and practices of personnel management, supervision and leadership.

Ability to: read and understand departmental policies, rules, instructions, laws, regulations and police literature; ability to analyze situations and adopt a quick, calm, effective and reasonable course of action in situations involving emotional or physical pressures; ability to write clear and accurate reports; remember names, faces and details or incidents; ability to establish and maintain effective relationships with others; 9 24
POLICE OFFICER-LATERAL (CONT.) 3
ability to interact tactfully, effectively and in a positive manner with City Officials, Officials of otlier organization, members of otl'ier agencies, coinmunity organizations, community leaders, tlie media and tlie public; ability to understand and be sensitive to theneeds and concerns of diversepopulations inthe City; and the ability to evaluate sensitive situations quickly and initiate appropriate action to diffuse situations and/or resolve problems.

Skill: in the operation of a variety of office equipment, including computer; ability to accurately type 25 words per minute.

ADDITIONAL INFORMATION:

CAI,IFORNIA DEPARTMF,NT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrolhnent in tlie California DMV Pull Notice Program. The Pull Notice program provides information on tlie incumbent's driving record and Driver's License status on a periodic basis to tlie City of Soutli Gate. An employee assigned a City vehicle must acknowledgereceipt and understanding of City Administrative Regulations coveringtheuse ofCity veliicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
Tlie physical demands and work enviromnent describedhere are representative of those tliat must be met by an employee to successfially perforin the essential functions of tl'iis job. While performing tlie duties of tl'iis job, the employee is frequently required to walk, sit and talk or hear and may stand for extended periods of time. The employee is occasionally required to use liands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. Tlie employee is occasionally required to climb or balance, stoop, kneel, croucli or crawl. Tlie employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include normal color vision and the ability to adjust focus. The noise level in tlie work environment is usually quiet in tlie office and moderately loud wl'ien outdoors. Incumbents are occasionally exposed to outside weatlier conditions, traffic, dust, gas, fumes and chemicals.

POLICE OFFICER-LATERAL
Created, August 2010
Revised, December 2021
Revised, February 2023
10 25
Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

POLICE RECRUIT

DESCRIPTION
Under general supervision, to attend the prescribed Basic Police Academy; to maintain acceptable grade levels and to achieve graduation; to participate in any and all field exercises as directed andto do relatedwork as required.

CLASS CHARACTERISTICS
While distinctivelyuniformed as a non-sworn non-peace officer in training, develops miniinum qualifications required for a career in police service

SUPERVISION RECEIVED
Works under the direct supervision of Police Sergeant or higlier-ranking position and/or Police Academy staff.

SUPERVISION EXERCISED
Does not supervise.

ESSENTIAL FUNCTIONS
The following functions are typical for tliis classification. The incumbent may not perforin all of the listed functions and/or may be required to perform additional or different functions from tl'iose set forth below to address business needs and clianging business practices.

Attends Academy classroom instruction onpolicepolicies, procedures, weaponless defense, criminal and civil law, pliysical fitness techniques, use of firearms, arrest procedures, cominunity relations, operation of emergency veliicles and otlier mandated courses and related subjects; participates in field exercises and physical training routines; keeps and writes notebooks, reports, and other printed material and records; is available and open to the learning process with the goal of Police Academy graduation and eventual meaningful service to the Police Department.

QUAI,IFICATIONS
Any combination of education and experience that would providetherequiredknowledge, skills, and abilities is qualifying. A typical way would be:

Education and Experience
Graduationfromhiglischool. MustpossessaCaliforniaClassCdriver'slicenseandproofofinsurance.Must be legally authorized to work in the United States under federal law. Must be 21 years of age at the time of application. English/Spanish bilingual skills highly desirable.

This is a terminal class. The recruit must graduate from tlie Police Academy and fulfill all otherrequirements, in wliicl'i case l'ie/sl'ie shall advance to the rank of Police Officer. Failure to meet graduation or other requirements sliall result in termination.

Physical Standards
Height and weight correlations must be in proper proportion according to current medical standards. Nortnal 11 26
POLICE RECRUIT (CONT.) 2
color vision. Visual acuity of 20/70 in each eye correctable to 20/30 in eacli eye. Ability to pass a physical endurance and agility examination.

Knowledge, Skills, and Abilities
Knowledge of. tlie organization, operation, iules and regulations of tlie Police Department; principles and techniques of police administration including traffic control, crime prevention, crowd disturbances and delinquency; rules of evidence; laws, ordinances and regulations affecting the work of tlie Department including custody of prisoners, arrest and court procedures; criininal investigation and case preparation; teclu'iical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control and safety, recordkeeping and care and custody ofpersons andproperty; cominunity policing policies and philosophy; cornrnunity relations; governinental structure/organization of tlie City of Soutli Gate and interrelations of tlie Police Department; principles and practices of personnel management, supervision and leadership.

Ability to: read and understand departmental policies, rules, instructions, laws, regulations and police literature; ability to analyze situations and adopt a quick, calm, effective and reasonable course of action in situations involving emotional or pliysical pressures; ability to write clear and accurate reports; remember names, faces and details or incidents; ability to establish and maintain effective relationships with others; ability to interact tactfully, effectively and sensitively with City Officials, Officials of otlier organization, members of otlier agencies, coinmunity organizations, cornrnunity leaders, the media and especially the public; ability to understand and be sensitive to the needs and concerns of ethnic and cultural groups in the City; and the ability to evaluate sensitive situations quickly and initiate appropriate actionto diffuse situations and/or resolve problenns.

Skill: in tlie operation of a variety of office equipment, including computer; ability to type 25 words per muiute net.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City veliicle must acknowledge receipt andunderstanding of City Administrative Regulations covering theuse of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described liere are representative of tliose tliat must be met by an employee to successfully perforin the essential functions of tliis job. While perforining the duties of this job, the employee is frequently required to walk, sit and talk or lxear and may stand for extended periods of tiine. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with liands and arins. The employee is occasionally required to climb or balance, stoop, kneel, croucli or crawl. Tlie employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by tliis job include normal color vision and tlie ability to adjust focus. The noise level in the work environment is usually quiet in tlie office and moderately loud when outdoors. Incumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and chemicals.

POLICE RECRUIT
Revised August 2010
Revised, December 2021
Revised, February 2023
12 27
Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

POLICE OFFICER

DESCRIPTION
Under genetal supervision, police officers enforce laws and ordinances, prevent crime, protect life and propeity, maintain order, investigate criines, accidents, vandalism, and detain persons suspected of ciiininal behavior; and emphasize coirununity-based policing, coininunity interaction and collaborative problem solving and perfonn related work as required.

CLASS CHARACTERISTICS
The Police Officer is the joumey level class in the Police Officer sei'ies in which incumbents are expected to independently perfonn the full scope of assigned law enforcement duties and responsibilities under general supervision. This classification is distinguished fi'om the next higher classification of Police Sergeant in that tbe latter is responsible for the perfonnance of the more complex and difficult tasks, for making comtnand decisions in the field and for the supervision of assigned personnel and activities.

SUPERVISION RECEIVED
Works undertliedirect supervision ofPolice Sergeantorhiglier-rar+kingposition depending uponassignment.

SUPERVISION EXERCISED
Does not supervise.

ESSE,NTIAL FUNCTIONS
The following functions are typical for this classification. Tlie incumbent may not perforiri all of the listed functions and/or may be required to perform additional or different functions fi'oiri those set forth below to address business needs and changing business practices.

Patrols assigned areas by car, foot, or motorcycle; perfonns criine suppression and prevention activities; tnakes anests, ISSUES citations, serves subpoenas, and wai'rants; gives directions and answers special calls; conducts initial and follow-up iniiiestigations; interviews yictims, complainants and witnesses; answers complaints, including do+nestic disturbances, healtli code and local ordinance violations; performs surveillance activities; conducts chemical, drug and alcohol testing; investigates suspicious circuinstances.

Perfonns selective erfforcement when assigned, responds to radio messages ortelephone insh'uction; appears at scenes of accidents, disorders, orciimes; notes and repoits traffic liazards; investigates and prepares reports on accidents, offenses and damages to propeity.

ASSiStS in booking and releasing prisoners; transpoits piisoners; appears in couit on and off duty as tlie arresting officer; interrogates persons whose actions are suspicious; performs initial investigations of criine and violatior+s reported.

Regulates traffic, enforces traffic laws; conducts coinplete accident investigations; conti'ols anddirects traffic when necessaty; reports unsafe or hazardous conditions; requests objects which +nay endanger ti'affic be removed from tlie streets; performs crowd control, special event or riot duties; may act as a dispatcher or jailer, assists inctime prevention activities and the control of juvenile delinquency; counsels and educatesthe cotrununity; adiriinisters first aid in cases of emergency. 13 28 POLICE OFFICER (CONT.) 2
Provides assistance, infonnation and responds to questions in collaboration witli staff, citizens and public safety agencies as appropriate.

Empliasizes collaborative probleii solving and coiniriunity interaction in all aspects of tlie job and in a manner tliat is free of bias against any individuals or specific groups of people Attends special ti'aining classes and target practice.

OUALIFICAT IONS
Any combination of education and experience that wouldprovidethe requiredknowledge, skills, and abilities is qualifying. A typical way would be:

Education and Expeiience
Graduation from high school or equivalent, or have attained a two-year, four-year, or advanced degree fi'om an accredited college or university. Graduate from a P.O.S.T. Basic Police Academy. Must obtain and maintain a valid Basic Peace Officer's Standards and Ti'aining (p.o.s.'r.) Ceitificate witl* eighteen (18) tnontlis of hire.

Physical Standards
Height and weight correlations must be in properproportion according to current medical standards. Nonnal color vision. Visual acuity of 20/70 in each eye correctable to 20/30 in eacli eye. Ability to pass a physical endui'ance and agility examination.

Kr+owledge, Skills, and Abilities
Knowledge of: tlie organization, operation, rules and regulations of the Police Deparhnent; principles and techniques of police ad+ninistration including traffic control, criine prevention, crowd dishirbances and delinquency; iules of evidence; laws, ordinances and regulations affecting tlie work of tlie Department including custody of pi'isoners, arrest and couit procedures; criminal investigation and case preparation; technical and administrative pliases of ciime prevention and law enforce+nent, including investigation and identification, patrol, traffic control and safety, record keeping and care and custody ofpersons andpropeity; coininunity policing policies and philosophy; collaborative conflict resolution skills and excellent interpersonalcorninunicationskills; community relations; govemmental struchire/organization ofthe City of Soutli Gate and intei'relations of the Police Department; principles and practices of personnel management, supervision and leadership.
14a ------ { Formatted: Rlght
29 POLICE OFFICER (CONT.) 3
Ability to: read and understand depaitmental policies, rules, insh'uctions, laws, regulations and police literature; ability to analyze sihiations and adopt a quick, calm, effective and reasonable course of action in situations involving emotional or pbysical pressures; ability to write clear and accui'ate repoits; remember names, faces and details or incidents; ability to establish and maintain effective relationships witli others; ability to interact tactfully, effectively and in a positive inanner witli City Officials, Officials of otlier organization, members of other agencies, coinmunity orgar+izations, coininunity leaders, the media and tlie public; ability to understand and be sensitive to the needs and concei'ns ofdiversepopulations intheCity; and the ability to evaluate sensitive situations quickly and initiate appropriate action to diffuse situations and/or resolve probleins.

Skill in the operation of a variety of office equipment, including computer; ability to type 25 words per mu+ute net.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VE.HICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrolhnent in the Califomia DMV Pull Notice Progratn. The Pull Notice program provides infonnation on the incumbent's diiving record and Driver's Licerise stahis on a periodic basis to tlie City of South Gate. An employee assigned a City veliicle must acknowledgereceipt and understanding of City Adininistrative Regulations cove*g theuse ofCity velucles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environinent described here are representative of those that must be met by an employee to successfully petforin tlie essential functions of tliis job. While perfor+ning tlie duties of this job, the employee is frequently required to walk, sit and talk or hear and may stand for extended periods of time. The employee is occasionally required to usehands to finger, handle, or feel objects, tools, or controls; and reach with hands and anus. Tbe employee is occasionally required to cliinb or balance, stoop, kneel, crouch or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by tlns job include nonnal color vision and the ability to adjust focus. The noise level in tlie work envirorurient is usually quiet in the office and tnoderately loud when outdoors. Incumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and chemicals.

POLICE OFFICER
Revised August 2010
Revised, December 2021
Revised, February 2023
15 30
City of South Gate

POSITION SPECIFICATIONS AND ATTRIBUTES

POLICE OFFICER-LATERAL

DESCRIPTION
Under general supervision, police officers enforce laws and ordinances, prevent crime, protect life and property, maintain order, investigate crimes, accidents, vandalism, and detain persons suspected of criminal behavior; and empliasize cominunity-based policing, community interaction and collaborative problem solving and perfonn related work as required.

CLASS CHARACTERISTICS
The Police Officer is the journey level class in the Police Officer series in which incumbents are expected to independently perfor+n tl'ie full scope of assigned law enforcement duties and responsibilities under general supervision. This classification is distinguished from the next higher classification of Police Sergeant in that the latter is responsible for the performance of tlie more complex and difficult tasks, for making comtnand decisions in the field and for tl'ie supervision of assigned personnel and activities.

SUPERVISION RECEIVED
Works under tlie direct supervision of Police Sergeant orhigher-rankingposition depending upon assignment.

SUPERVISION EXERCISED
Does not supervise.

ESSENTIAL FTJNCTIONS
The following functions are typical for this classification. The incumbent may not perform all of the listed functions and/or may be required to perfom additional or different functions from those set forth below to address business needs and clianging business practices.

Patrols assigned areas by car, foot, bicycle or motorcycle; performs crime suppression and prevention activities; makes arrests, issues citations, serves subpoenas, andwarrants; gives directions andanswers special calls; conducts initial and follow-up investigations; interviews victims, complainants and witnesses; answers complaints, including domestic disturbances, health code and local ordinance violations; performs surveillance activities; conducts chemical, drug and alcohol testing; investigates suspicious circumstances.

Performsselectiveenforcementwhenassigned,respondstoradiomessagesortelephoneinstniction; appears at scenes of accidents, disorders, or crimes; notes and reports traffic hazards; investigates andpreparesreports on accidents, offenses and damages to property.

ASSiStS in booking and releasing prisoners; transports prisoners; appears in court on and off duty as the arresting officer; interrogates persons wliose actions are suspicious; performs initial investigations of crime and violations reported.

Regulates traffic, enforces traffic laws; conducts complete accident investigations; controls and directs traffic when necessary; reports unsafe or hazardous conditions; requests objects which may endanger traffic be removed from the streets; performs crowd control, special event or riot duties; may act as a dispatcher or jailer, assists in crime prevention activities and the control of juvenile delinquency; counsels and educations the community; administers first aid in cases of emergency. 16 31 POLICE OFFICER-LATERAL (CONT.) 2
Provides assistance, information and responds to questions in collaboration with staff, citizens and public safety agencies as appropriate.

Emphasizes collaborative problem solving and community interaction in all aspects of tlie job and in a manner that is free of bias against any individuals or specific groups of people.

Attends special training classes and target practice.

Establishes positive working relationsliips withrepresentatives of community organizations and associations, City management, staff and the public.
0UALIFICATIONS
Any combination of education and experience tl'iat wouldprovidetherequiredknowledge, skills, and abilities is qualifying. A typical way would be:

Education and Experience
Graduation from high scliool or equivalent, or have attained a two-year, four-year, or advanced degree from an accredited college oruniversity. Applicants must currently be employed by aCaliforniaLaw Enforcement Agency, be off probation and be in possession of a Basic POST Certificate issued by the State of California.

License/Certifications/Special Requirements
Must possess a California Class C driver's license showing proof of insurance and a satisfactory driving record required at time of appointment and througliout employment in this position. Must be authorized to work in the United States under federal law. a citizen of the United States OR ponnancnt residcnt alicn who is eligible for and has applied for citizcnsliip. Citizcnship must be obtained witliin tlircc ycars of appoinhncnt. English/Spanish bilingual skills liighly desirable. Must be 21 years of age atthe tiine of application. Per Section 13651 PC: must be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace officer. Background, fingerprinting, polygraph examination, and medical and psychological clearance required.

Physical Standards
Height and weight correlations must be in proper proportion according to current medical standards. Normal color vision. Visual acuity of 20/70 in eacli eye correctable to 20/30 in each eye. Ability to pass a pliysical endurance and agility examination.

Knowledge, Skills, and Abilities
Knowledge of: the organization, operation, rules and regulations of the Police Department; principles and tecbniques of police administration including traffic control, crime prevention, crowd disturbances and delinquency; rules of evidence; laws, ordinances and regulations affecting the work of the Department including custody of prisoners, arrest and court procedures; criminal investigation and case preparation; technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control and safety, recordkeeping and care and custody ofpersons andproperty; comtnunity policing policies and philosophy; collaborative conflict resolution skills and excellent interpersonal communication skills; coinmunity relations; governmental structure/organization of the City of South Gate and interrelations of the Police Department; principles and practices of persoru'iel management, supervision and leadership.

Ability to: read and understand departmental policies, rules, instructions, laws, regulations and police literature; ability to analyze situations and adopt a quick, calm, effective and reasonable course of action in 17 32
POLICE OFFICER-LATERAL (CONT.) 3
situations involving emotional or pliysical pressures; ability to write clear and accurate reports; remember names, faces and details or incidents; ability to establisli and maintain effective relationships witli others; ability to interact tactfully, effectively and in a positive matuxer with City Officials, Officials of other organization, members of otlier agencies, comnunity organizations, coinmunity leaders, the media and the public; ability to understand and be sensitive to theneeds and concerns of diversepopulations inthe City; and the ability to evaluate sensitive sihiations quickly and initiate appropriate action to diffuse situations and/or resolve problems.

Skill: in the operation of a variety of office equipment, including computer; ability to accurately type 25 words per minute.

ADDITIONAL INFORMATION:
cALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PTJLL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to tl'ie City of South Gate. An employee assigned a City vehicle must acknowledgereceipt andunderstanding of City Administrative Regulations coveringtheuse ofCity veliicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environinent described here are representative of tliose that must be met by an employee to successfully perforin the essential functions of tl'iis job. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear and may stand for extended periods of time. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, laieel, crouch or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include nonnal color vision and the ability to adjust focus. The noise level in tl'ie work environment is usually quiet in the office and moderately loud when outdoors. Incumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and cliemicals.

POLICE OFFICER-LATERAL
Created, August 2010
Revised, December 2021
Revised, February 2023
18 33
Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

POLICE RECRUIT

DESCRIPTION
Under general supervision, to attend tl'ie prescribed Basic Police Academy; to maintain acceptable grade levels andto achieve graduation; to participate in any and all field exercises as directed andto do relatedwork as required.

CLASS CHARACTERISTICS
Whiledistinctivelyunifonnedas anon-swornnon-peaceofficerintraining, developsminiinumqualifications required for a career in police service

SUPERVISION RECEIVED
Works under the direct supervision of Police Sergeant or higher-ranking position and/or Police Academy staff.

SUPERVISION EXERCISED
Does not supervise.

ESSENTIAL FUNCTIONS
The following functions are typical for this classification. Tlie incumbent may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices.

Attends Academy classroom instniction onpolicepolicies, procedures, weaponless defense, criminal andcivil law, physical fitness techniques, use of firearms, airest procedures, community relations, operation of emergency vehicles and other mandated courses and related subjects; participates in field exercises and physical training routines; keeps and writes notebooks, reports, and other printed material and records; is available and open to the learning process with the goal of Police Academy graduation and eventual meaningful service to the Police Department.

QUALIFICATIONS
Any combination of education and experience that wouldprovidetherequiredknowledge, skills, and abilities is qualifying. A typical way would be:

Education and Experience
Graduationfroml'iighscliool. MustpossessaCaliforniaClassCdriver'slicenseandproofofinsurance.Must be legally authorized to work in the United States under federal law. a citizcn of tlic United Statt,s or liavc applied for citizcnsliip. Must be 21 years of age at the time of application. English/Spanish bilingual skills highly desirable.

This is a terminal class. The recruit must graduate from the Police Academy and fulfill all otherrequirements, in which case he/she shall advance to the rank of Police Officer. Failure to meet graduation or other requirements shall result in termination.
19 Physical Standards
34 POLICE RECRUIT (CONT.) 2
Heiglit and weiglit correlations must be in properproportion accordiug to cun'ent medical standards. Normal color vision. Visual acuity of 20/70 in eacli eye correctable to 20/30 in each eye. Ability to pass a physical endurance and agility examination.

Knowledge, Skills, and Abilities
Knowledge of: tlie organization, operation, rules and regulations of the Police Department; principles and techniques of police administration including traffic control, crime prevention, crowd disturbances and delinquency; rules of evidence; laws, ordinances and regulations affecting the work of the Department including custody of prisoners, arrest and court procedures; criminal investigation and case preparation; technical and administrative pliases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control and safety, record keeping and care and custody ofpersons andproperty; coininunity policing policies and pliilosopliy; community relations; governinental stiucture/organization of the City of South Gate and interrelations of the Police Department; principles and practices of personnel management, supervision and leadersliip.

Ability to: read and understand departmental policies, rules, instiuctions, laws, regulations and police literature; ability to analyze situations and adopt a quick, calm, effective and reasonable course of action in situations involving emotional or pliysical pressures; ability to write clear and accurate reports; remember names, faces and details or incidents; ability to establisli and maintain effective relationships with others; ability to interact tactfully, effectively and sensitively with City Officials, Officials of otlier organization, members of otlier agencies, community organizations, community leaders, the media and especially the public; ability to understand and be sensitive to tl'ie needs and concerns of ethnic and cultural groups in tlie City; and the abilityto evaluate sensitive situations quickly and initiate appropriate actionto diffuse situations and/or resolve problems.

Skill: in the operation of a variety of office equipment, including computer; ability to type 25 words per mmute net.

ADDITIONAL INFORMATION:

C,=ULIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to tliis position is subject to enrolhnent in the California DMV Pull Notice Program. The Pull Notice program provides infonnation on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must aclaiowledge receipt andunderstanding of City AdministrativeRegulations coveringtheuse ofCityvehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of tliose that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear and may stand for extended periods of time. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch or crawl. The employee must occasionally lift and/or move up to 50 pounds.

Specific vision abilities required by this job include normal color vision and the ability to adjust focus.

The noise level in the work environment is usually quiet in the office and moderately loud wlien outdoors. hicumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and cliemicals. POLICERECR{JIT
Revised August 2010
Revised, December 2021
Revised, Februai'y 2023
20 35
Item No. 3

CITYMANAGER'S
FED 2 1 2023 Ciffl of South Gate
I ( ', ( r Go"

CITY COUNCIL
AGENDA BI[LL
Department Director:

For the Regular Meeting of:
vA3 Cervlnt
Department:

February 28, 2023
Public Works
City Mataager:

CAeffers
SUBJECT: RESOLUTION INITIATING ANNUAL PROCEEDINGS FOR THE LEVY OF THE FISCAL YEAR 2023/24 ASSESSMENTS AND ORDERING PREPARATION

OF AN ENGINEER'S REPORT FOR THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. l
PURPOSE: Annually, the City Council undertakes certain proceedings to levy and collect assessments within the Street Lighting and Landscape Maintenance District No. 1 ("District").

The first of the actions is to adopt a Resolution to initiate the annual proceedings and order the preparation of the Engineer's Report.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution initiating the annual proceedings for the levy of the Fiscal Year 2023/24 assessments and ordering the preparation of an Engineer's Report for the Street Lighting and Landscaping Maintenance District No. 1.

FISCAL IMPACT: The cost of preparing the Engineer's Report is $8,307 and it will be funded with Street Lighting and Landscaping Funds budgeted in the Fiscal Year 2022/23 Municipal Budget.

ANALYSIS: The assessment amount is currently set at $2.38 per adjusted front footage. The total in revenue produced from this assessment has remained constant over the years while the total cost of maintaining the District has increased, leaving an operating shortfall. The revenue for this Fiscal Year ("FY") 2022/23 is estimated to be $1,993,357, while the cost of maintaining the District is estimated to be $3,041,636. The operating budget deficit is $1,048,279, which will be 'funded with the restricted fiinds including Measure R, Gas Tax and Proposition A.

On April 26, 2016, the City Council authorized a financial analysis to identify alternatives to minimize the funding deficit which would be needed if the City Council wished to conduct Proposition 218 Ballot proceedings for new or increased assessments. A consultant conducted the analysis to determine the feasibility of increasing the assessment within the existing District to cover the revenue shortfall. Feasible alternatives recommended creating new districts to supplement the revenue from the subject District. New districts are created via separate and independent proceedings. As such, staff is not planning to propose, as a part of these proceedings, an increase to the assessment rates.
1 36
BACKGROUND: The District was formed in 1981 and operates pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code). The District provides the authority to levy an assessment on parcels of land which have been identified as receiving a direct "special benefit" from a public improvement. The District encompasses the entire City; therefore, the assessment is levied on all parcels citywide.

District revenue can only be utilized to meet the original intent of the District which is to maintain and operate landscaping and lighting systems citywide and within City streets.

Qualifying expenditures include operations and maintenance of: (a) landscaping (trees, shrubs, grass, other ornamental vegetation, irrigation systems and drainage systems) and (b) lighting systems (illuminated signs, decorative light fixtures, street furniture, streetlights and traffic signals), inclusive of labor and materials.

Annually, the District's funds are levied and collected by the Los Angeles County Assessor's Office ("LA County") on behalf of the City, in the property tax roll. Several actions from the City Council are required to provide LA County the authority to levy and collect the assessments, according to LA County requirements and applicable state law. The first step is to adopt the proposed Resolution which initiates the proceedings and orders the preparation of the Engineer's Report.

The schedule for the proceedings is as follows:

Date City Council Action
2/28/2023 Adopt Resolution initiating proceedings to levy assessments and ordering preparation of the Engineer's Report.
4/25/2023 1. Adopt Resolution preliminarily approving Engineer's Report.

2. Adopt Resolution declaring the City's intention to levy and collect assessments and set a public hearing May 23, 2023.
5/23/2023 Conduct a public hearing and adopt a Resolution confirming the area boundary and ordering the levy of annual assessments.
8/07/2023 Deadline for filing assessment roll.

An Assessment District creates an authority to levy a fee to a specific geographic area or parcels of land which have been identified as receiving a direct "special benefit" from a public improvement. The District enables the City to provide enhanced levels of landscape maintenance and street lighting along City streets. These landscape and lighting improvements are considered to be of special benefit to the properties within the City boundaries. The :[unding for the maintenance and services is provided through annual assessments paid by the benefiting property owners within the District. In order for the City to continue to levy and collect assessments within the District for the FY 2023/24, an Annual Report must be prepared, and the City Council must conduct a public hearing as required by the Landscaping and Lighting Act of 1972.

ATTACHMENT: Proposed Resolution
KT:lc
2 37
Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CALIFORNIA, INITIATING THE ANNUAL PROCEEDINGS FOR THE LEVY OF THE FISCAL YEAR 2023/24 ASSESSMENTS AND ORDERING THE

PREPARATION OF AN ENGINEER'S REPORT FOR THE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT N0. 1 WHEREAS, in 1981, the City Council formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code of the State of California, such special maintenance district lanown and designated as Maintenance District No. 1 ("District");
WHEREAS, the District provides the authority to levy an assessment on parcels of land which have been identified as receiving a direct "special benefit" from a public improvement; WHEREAS, annually, the District's funds are levied and collected by the Los Angeles County Assessor's Office on behalf of the City, in the property tax roll; and WHEREAS, at this time the City Council desires to initiate proceedings to provide for the annual levy of assessments for Fiscal Year 2023/24 to finance the annual costs of maintenance and/or servicing of improvements within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.

SECTION 2. The City Council does hereby declare its intention, as required by the public interest, to initiate proceedings for the annual levy and collection of special assessments for the payment of annual maintenance and/or servicing costs within the District for new improvements or any substantial changes in existing improvements or zones as proposed as a part of these proceedings SECTION3. TheCityCouncildoesherebydelegatetheAssistantCityManager/DirectorofPublic Works to conduct the annual maintenance and/or servicing of the improvements and is directed to make and file a report essentially containing the following:
a. Plans and specifications describing the general nature, location, and extent of the existing improvements to be maintained and/or serviced; b. An estimate ofthe cost of the maintenance and/or servicing of the improvements for the District for the referenced fiscal year;

38 C. A diagram of the District showing the lots and/or parcels to be assessed; and d. An assessment that covers the estimated cost of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels withinthe Districtin proportionto the special benefits received by each lot or parcel. Assessments may or may not be increased from those levied for the prior or current fiscal year.

Upon completion of the preparation of the assessment engineer's report, the original shall be filed withthe City Clerk, who shall then submitthe same to the City Council for its irnrnediate review and consideration.

SECTION 4. The City Council does hereby direct that the above assessment engineer's report include all costs and expenses of such maintenance and/or servicing relating to the fiscal year cornrnencing July 1, 2023 and ending June 30, 2024.

SECTION5. TheCityClerkshallcertifytotheadoptionofthisResolutionwhichshallbeeffective upon its adoption.

PASSED, APPROVED and ADOPTED this 28'h day of February 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

Raul F. Salinas, City Attorney

4 39
elTYMANAntR'8 0F-Plfi!
Item No. 4
Ci§ of South Gate

CITY COUNCIL

AGENDA BNLL
For the Regular Meeting of: February 28, 2023
Originating Department: Administrative Services
Department Director:

Kristopher Ryan
Ciffl Manager:

Mchris,regers
SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 2020-04-CC REVISING CITYPOLICY PERTAINING TO DISCONTINUATION OF RESIDENTIAL WATER SERVICEFOR NON-PAYMENT IN COMPLIANCE WITH SENATE BILL 998 PURPOSE: To revise Rule Forir of tlie City's policy, "Discontimtation of Residential Water Servicefor Won-paymenl' clarifying language pertaining to the Alternative Payment Arrangements.

RECOMMENDED ACTIONS: Tlie City Corincil will consider:
a. Adopting a Resotution amendiiig Resolution No. 2020-04-CC ripdating Rule Forir (Policy On Discontinuation of Residential Water Service for Non-Payment) of tlie Rules and Regulations governing the Water Division, the Water Customer Service Division and all Water Development and distribution activities, functions and systems of tlie South Gate Municipal Water Works System to clarify language pertaining to the alternate payment arrangements u'i compliance witli Senate Bill 998; and
b. Directing staff to post the ripdated policy on the City's website (translated into multiple languages) as required by Senate Bill No. 998.

FISCAL IMPACT: Tliere is no fiscal impact to the
Fund. With the implementation of SB No. 998, we
decline slightly due to fewer water slirit-offs, which assessed to the customer.

ANALYSIS: None.

General Fund; tlie impact will be to tlie Water
anticipate that revenues from "penalties" will
generate revenue from the re-coi'u'iection fees
BACKGROUND: Senate Bill No. 998 - Discontirtuation of residential water service: urban andcommvmity water systems - was approved by tlie Governor on September 28, 2018. The purpose of tlie law is intended to protect people's riglit to safe, accessible, and affordable water and minimize the number of people wlio lose access to water due to inability to pay. The law applies to all rirban and community water systems, public or private, tliat provide water to more than 200 service connections and rirban water supplier that provide water for municipal prirposes either directly or indirectly to more thaii 3,000 customers. The City of South Gate provides water to approximately 14,284 customers.

The revisions to Rule Forir of the City's policy, Discontinuation of Residential Water Service for Non- payment, is to provide clari'fying language on the alternative payment arrangements that the City I
40 provides customers in the event tliey are rinable to make their water payment. The revisions include updated contact infoimation for requesting an alternative payment plan and removes the conditions previously required for a customer to meet when requesting an alternative payment plan. These updates are to ensure that residential water customers have all the infon'nation they need to request an alternative payment arrangement to prevent discontirtuation of water services.

Updates made to Section III Alternative Payment Arrangements in the City's policy on SB 998:
* Staff an'iended the following verbiage to clarify tl'ie Alternative Payment Arrangement process: In accordance with the process set forth iri Section II (D) the City shall offer the customer alternativepayment arrangements to be selected by the City and resident. There are no conditions to entering into an alternative payinent plan.
* Staff updated the Alternative Payment Schedule to include contact options and contact information. * The Repayment Period section includes additional updates for contact information from residents when residents reqriest an extension.

ATTACHMENTS: A. Proposed Resolution (with new Policy) B. Red-lined City Policy on Discontinuation of Residential Water Service C. Senate Bill No. 998
2 41

ATT ACHMENT A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RF,SOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING RESOLUTION N0. 2020-04-CC UPDATING

RULE FOUR (POLICY ON DISCONTINUATION OF RESIDENTIAL WATER

SERVICE FOR NON-P AYMENT), OF THE RULES AND REGULATIONS

GOVERNING THE WATER DIVISION, THE WATER CUSTOMER SERVICE

DIVISION AND ALL WATER DEVELOPMENT AND DISTRIBUTION

ACTIVITIES, FUNCTIONS AND SYSTEMS OF THE SOUTH GATE

MUNICIPAL WATER WORKS SYSTEM TO CLARIFY LANGUAGE

PERT AINING TO THE ALTERNATE PAYMENT ARRANGEMENTS IN COMPLIANCE WITH SENATE BILL 998
WHERF,AS, on February 14, 2006, the City Council adopted Resolution No. 7089, establisliing the rules and regulations for the Soritl'i Gate Municipal Water Works System andrescinding Resolution No. 6316, setting foith tlie rules, regulations and rates relating to tl'ieservices of the South Gate Municipal Water System; and WHEREAS, Resolution No. 7089, Section 4 establislied tlie "Rules and Regulations Goveining tlie Water Division and the Service of Water Meters of tlie South Gate Municipal Water Works System" containing a total of sixteen rules; aiid WHEREAS, in 2018, the Califoiia Legislature adopted Senate Bill 998 ("SB 998") wlffcli adopted new and expanded protections regarding discontimiation of water service for non-payment and related matters; and
WHEREAS, on Januag 28, 2020, Resolution No. 2020-04-CC established a "water sliut- off policy in compliance with SB 998 - Discontinuatiotq of Residential Water Service: Urbanand Comnwnity Water Systems;" and WHEREAS, tl'ie City Coru'icil desires to revise Rule Four of Section 4 titled, "Policy on Discontinuation ofResidential Water Service for Won-payment" to clarify laiiguage peitaining totlie Alternative Payment Arrangements in order to ensure consistency aiid compliance witli SB998; aiid WHEREAS, tlie City Corincil now desires to approve aiid adopt revised Rule Four of Section 4 of Resolution No. 2020-04-CC titled, "Policy on Discontinuation of Residential WaterService for Won-Payinent" in the form presented aiid attached l'iereto as Exhibit "A."

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Tlie City Corincil does liereby declare that the above recitals are true and correct 3 42
and incoiporated lierein by reference.

SECTION 2. The City Corincil liereby approves and adopts the revised Rule Four titled Policy on Discontinuation of Residential Water Service for Won-Payment in the foiin presented and attacl'ied hereto as Exhibit "A." Tl'ffs policy approved hereunder supersedes Rule Four adopted by tl'ie City Corincil on January 28, 2020.

SECTION 3. The Ci'ty Clerk shall certify to the adoption of this Resolution which sliall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 28'h day of February 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

B)7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:
4 43
Exhibit "A"

RULE FOUR

CITY OF SOUTH GATE

POLICY ON DISCONTINUATION OF

RESIDENTIAL WATER SERVICE FOR NON-P AYMENT
Notwithstanding any other policy or rule of the City of South Gate (City), this Policyon Discontinuation of Residential Water Service for Non-Payment shall apply to the City'sdiscontinuation of residential water service for non-payment under the provisions set forth herein.In the event of any conflict between this Policy and any other policy or rule of the City, this Policyshall prevail.

I. Application of Policy; Contact Telephone Number: This policy shall apply to all water service accounts. The City can be reached at (323) 563-9586 for assistance concerning thepayment of water bills and the potential establishment of the alternatives set forth in thispolicy to avoid discontinuation of service.

II. Discontinuation of Residential Water Sen'ice for Non-Payment:

A. Rendering and Payment of Bills: Bills for water service will be rendered to each customer on a monthly basis unless otherwise provided for in the City's rate schedules. Bills for service are due and payable on the bill's due date and become overdue and subject to discontinuation of service if not paid within sixty (60) calendar days from the date of the bill. Payment may be made at the City's Water Customer Service Division ofjice, the drop box located at City Hall, or the City's website. However, it is the customer's responsibility to assure that payments are receivedattheCity'sofficeinatimelymanner. Partialpaymentsarenotauthorized unless prior approval has been received from the City. Bills will be computed asfollows:

1. Meters will be read at regular intervals for the preparation of periodic bills and as required for the preparation of opening bills, closing bills and special bills.

2. Bills for metered service will show the meter reading for the current and previous meter reading period for which the bill is rendered and the number of units of service for the current meter reading.

3. City billings shall be paid in legal tender of the United States of America.

Notwithstanding the foregoing, the City shall have the right to refuse any payment of such billings in coin.

B. Overdue Bills: The following rules apply to customers whose bills remain uripaid for more than sixty (60) calendar days following the invoice date:

1. Small Balance Accounts: If a balance is $20.00 or less and remains unpaid on any billing, it shall be carried over and added to the next billirig period.

5 44
Exhibit "A"
Overdue Notice: If payment for a bill rendered is not made on or before the forty-fifth (45fh) calendar day following the invoice date, a notice of overdue payment (the "Overdue Notice") will be mailed to the water service customer at least seven (7) calendar days prior to the possible discontinuation of service date identified in the Overdue Notice. If the customer's address is not the address of the property to which the service is provided, the Overdue Notice must also be sent to the address of the property served, addressed to "Occupant." The Overdue Notice must contain the following:
d)
e)
ti
Customer's name and address;
Amount of delinquency;
Date by which payment or arrangement for payment must be made in order to avoid discontinuation of service; Description of the process to apply for an extension of time to pay the amount owing (see Section III (D), below); Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency (see Section IV, below); and
Description of the procedure by which the customer can request a deferred or alternative payment schedule (see Section III, b elow),
The City may alternatively provide notice to the customer of the impending discontinuation of service by telephone. If that notice is provided by telephone, the City shall offer to provide the customer with a copy of this policy and also offer to discuss with the customer the options for alternative payments, as described in Section III, below, and the procedures for review and appeal of the customer's bill, as described in Section IV, below.

Unable to Contact Customer: If the City is not able to contact the customer by written notice (e.g., a mailed notice is returned as undeliverable) or by telephone, the City will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, a notice of imminent discontinuation of service for non-payment and a copy of this Policy.

Late Charge: A Late Charge, as specified in the City's fees and charges, shall be assessed and added to the outstanding balance on the customer's account if the amount owing on that accormt is not paid before the Overdue Notice is generated.

Turn-Off Deadline: Payment for water service charges must be received in the City offices no later than 5 :30 p.m. on the date specified in the Overdue Notice. Postmarks are not acceptable.

6 45
Exhibit "A"
Notification of Returned Check: Upon receipt of a returned check rendered as remittance for water service or other charges, the City will consider the account not paid. The City will attempt to notify the customer in person and leave a notice of discontinuation of water service at the premises. Water service will be disconnected if the amount of the returned check and returned check charge are not paid by the due date specified on the notice, which due date shall not be sooner than the date specified in the Insufficient Check Notice; or if an Insufficient Check Notice had not been previously provided, no sooner than the sixtieth (60") calendar day after the bill for which payment by the returned check had been made. To redeem a returned check and to pay a returned check chatge, all amounts owing must be paid by cash, credit or debit card or cashier's check.

Returned Check Tendered as Payment for Water Service Disconnected for Nonpayment: WHEN SERVICE IS TURNED OFF FOR NON-

PAYMENT IT MUST BE PAID BY CASH, CREDIT OR DEBIT CARD, OR CASHIER'S CHECK ONLY.
a) If at any time, the customer's account is again disconnected for non- payment, the City may require the customer to pay with cash, credit or debit card or cashier's check to have the water service restored.

C. Conditions Prohibiting Discontinuation: The City shall not discontinue residential water service if all of the following conditions are met:

Health Conditions - The customer or tenant of the customer submits certification of a primary care provider that discontinuation of water service would: (i) be life threatening or (ii) pose a serious threat to the health and safety of a person residing at the property;
Financial Inability - The customer demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. The customer is deemed "financially unable to pay" if any member of the customer's household is: (i) a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSUState Supplementaiy Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children or (ii) the customer declares the household's annual income is less than 200% of the federal poverty level; and
Alternative Payment Arrangements -The customer is willing to enter into an alternative payment schedule consistent with the provisions of Section III, below.

7 46
Exhibit "A"
Process for Determination of Conditions Prohibiting Discontinuation of Service:

The burden of proving compliance with the conditions described in Section II (C), above, is on the customer. In order to allow the City sufficient time to process anyrequest for assistance by a customer, the customer is encouraged to provide the City with the necessary docui'nentation demonstrating the medical issues under Section II (C)(I) or financial inability under Section II (C%2) and willingness to enter intoany alternative payment arrangement under Section II (C)(3) as far in advance ofany proposed date for discontinuation of service as possible. Upon receipt of such documentation, the City's Director of Administrative Services, or his or herdesignee, shall review that documentation and respond to the customer within seven (7) calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangements or to notify the customer of the alternative payment arrangement, and terms thereof, under Section III, below, in which the City will allow the customer to participate. If the City has requested additional information, the customer shall provide that requested information within seven (7) calendar days of receipt of the City's request. Within seven (7) calendar days of its receipt of that additional information, the City shalleither notify the customer in writing that the customer does not meet the conditions under Section II (C), above or notify the customer in writing of the alternative payment arrangement, and terms thereof, under Section III, below, in which the City will allow the customer to participate. Customers who fail to meet theconditions described in Section II (C), above, must pay the delinquent amount,including any penalties and other charges, owing to the City within the latter of: (i)five (5) calendar days after the date of notification from the City of the City's determination that the customer failed to meet those conditions or (ii) the date ofthe impending service discontinuation, as specified in the Overdue Notice.

Special Rules for Low Income Customers: Customers are deemed to have ahousehold income below 200% of the federal poverty line if: (i) any member of the customer's household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children or (ii) the customer declares the household's annual income is less than 200% of the federal poverty level. If a customer demonstrates either of thosecircumstances, then the following apply:

1. Reconnection Fees: If service has been discontinued and is to be reconnected, then any reconnection fees during the City's normal operating hours will be $36.77and reconnectiori fees during non-operational hours will be $150.00. Those fees cannot exceed the actual cost of reconnection if that cost is less than the statutory caps. Those caps may be adjusted annually for changes in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim metropolitan area beginning January 1, 2021.

8 47
Exhibit "A"

2. Interest Waiver: The City shall not impose any interest charges on delinquent bills.

F. Landlord-Tenant Scenario: The below procedures apply to individually metered detached single-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the customer of record and is responsible for payment of the water bill.

1. Required Notice:
a. If the property is a detached single-family dwelling, multi-unit residential structure or mobile home park, at least 10 calendar days prior to the possible discontinuation of water service, the City must make a good faith effort to inform the tenants/occupants at the property by written notice that the water service will be discontinued.
b. The written notice must also inform the tenants/occupants that they have the right to becoine customers to whom the service will be billed (see Section II (F)(2) below), without having to pay any of the then delinquent amounts. Tenants/occupants are required to pay a $204.28 refundable deposit when signing up for service in their name.

2. Tenants/Occupants Becoming Customers:
a. The City is not required to make service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for service and meets the City's requirements and rules. b, However, if: (i) one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the City's satisfaction, or (ii) there is a physical means to selectively discontinue service to those tenants/occupants who have not met the City's requirements, then the City may make service available only to those tenants/occupants who have met the requirements.

III. Alternative Payment Arrangements: In accordance with the process set forth in Section II (D) above, the City shall offer the customer alternative payment arrangements to be selected by the City and resident.. There are no conditions to entering into an alternative payment plan. The Director of Administrative Services, or his or her designee, shall, in the exercise of reasonable discretion, select the most appropriate alternatiye payment anangement after reviewing the information and documentation provided by the customer and taking into consideration the customer's financial situation and District's payment needs.

A. Alternative Payment Schedule: Any customer who is unable to pay for water service within the City's normal payment period , may request an alternative payment plan by contacting the City in person, by telephone (323) 563-9586, or by

9 48
Exhibit "A"
email - [email protected], to enter into an alternative payment schedule forthe unpaid balance in accordance with the following:

1. Repayment Period: The customer shall pay the unpaid balance over a period of twelve (12) months, as determined by the City's Director of Administrative Services or his/her designee; provided, however, that the City's Director of Administrative Services or his/her designee, in their reasonable discretion, may extend the repayment period for longer than twelve (12) months to avoid undue hardship on the customer. To request an extension, please contact the City in person, by telephone (323) 563-9586, or by email - utilitybilling@soga[e.org before your agreed uponalternative schedule expires.

2. Schedule: After consultirig with the customer and considering the customer's financial limitations, the City's Director of Administrative Services or his or her designee shall develop an alternative payment schedule to be agreed upon with the customer. That alternative schedule may provide for periodic lump sum payments that do not coincide with the City's established payment date, may provide for payments to be made more frequently than monthly, or may provide that payments be made less frequently than monthly, provided that in all cases, subject to Section III (A)(1), above, the unpaid balarice shall be paid in full within twelve (12) months of establishment of the payment schedule. The agreed upon schedule shall be set forth in writing and be provided to the customer.

3. Compliance with Plan: The customer must comply with the agreed upon payment schedule and remain current as charges are billed in each subsequent billing period. The customer may not request a longer payment schedule for any subsequent unpaid charges while paying delinquent charges pursuant to a previously agreed upon schedule. Where the customer fails to comply with the terms of the agreed upon schedule for sixty (60) calendar days or more, or fails to pay the customer's current service charges for sixty (60) calendar days or more, the City may discontinue water service to the customer's property at least several (7) calendar days after the City posts at the customer's residence a final notice of its intent to discontinue SemCe.

IV. : The procedure to be used to appeal the amount set forth in any bill for residentialwater service is as follows:

InitialAppeal: Withinten(10)calendardaysofreceiptofthebillforwaterservice, the customer has a right to initiate an appeal or review of any bill or charge rendered by the City. Such request must be made in writing and be delivered to the City's Water Customer Service Division. For so long as the customer's appeal and any resulting investigation is pending, the City cannot discontinue water service to the customer.

10 49
Exhibit "A"
Overdue Notice Appeal: In addition to the appeal rights provided under Section IV(A), above, any customer who receives a Delinquent Notice may request an appeal or review of the bill to which the Delinquent Notice relates at least seven (7)calendar days afterthe date ofthe DelinquentNotice ifthe customer alleges the billis in error with respect to the quantity of water consumption set forth on that bill; provided, however, that no such appeal or review rights shall apply to any bill forwhich an appeal or request for review under Section IV (A), above, has been made.

Any appeal or request for review under this Section IV (B) must be in writing and must include documentation supporting the appeal or the reason for the review. Therequest for an appeal or review must be delive,ed to the City's Water Customer Service Division within that seven (7) calendar day period. For so long as the customer's appeal and any resulting investigation is pending, the City cannot discontinue water service to the customer.

Appeal Hearing: Following receipt of a request for an appeal or review under Sections IV.(A) or (B) above, a hearing date shall be promptly set before the Hearing Officer. After evaluation of the evidence provided by the customer andthe information on file with the City concerning the water charges in question, the Hearing Officer shall render a decision as to the accuracy of the water charges setforth on the bill and shall provide the appealing customer with a brief writtensummary of the decision.

1. If water charges are determined to be incorrect, the City will provide an adjustment to the account and the revised charges will be due within ten (10) calendar days of the adjustment for revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the adjustment is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City shall provide the customer with the Delinquent Notice in accordance with Section II (B)(2), above. Water service will only be restored upon full payment of all outstanding water charges, penalties and any and all applicable reconnection charges.

2. If the water charges in question are determined to be correct, the water charges are due and payable withirz five (5) calendar days after the Hearing Officer's decision is rendered. At the time the Hearing Officer's decision is rendered, the customer will be advised of the right to further appeal before the City's Director of Administrative Services. Any such appeal must be 'filed in writing within seven (7) calendar days after the Hearing Officer's decision is rendered if the appeal or review is an initial appeal cinder Section IV (A) above or within three (3) calendar days if the appeal or review is a Delinquent Notice appeal under Section IV (B) above. The appeal hearing will occur within seven (7) calendar days with City's Director of Administrative Services, unless the customer and City agree to a later date.

11 50
Exhibit "A"
(b) For an initial appeal under Section IV (A) above, if the customer does not timely appeal to the City's Hearing Officer, the water charges in question shall be imi'nediately due and payable. In the event the charges are not paid in full within sixty (60) calendar days after the original billing date, then the City shall provide with the customer with the Delinquent Notice in accordance with Section II (B)(2) above and may proceed in potentially discontinuing service to the customer's property.
(c) For an Overdue Notice appeal under Section IV (B) above, if the customer does not timely appeal to the Hearing Officer, then water service to the subject property may be discontimied on written or telephonic notice to the customer to be given at least twenty-four (24) hours after the latter of: (i) expiration of the original sixty (60) calendar day notice period set forth in the Overdue Notice or (ii) the expiration of the appeal period.

When a secondary hearing before the City's Director of Administrative Services is requested, such request shall also be made in writing and delivered to the City's Water Customer Service Division at its City Hall office. The customer will be required to personally appear before the City's Director of Administrative Services and present evidence and reasons as to why the water charges on the bill in question are not accurate. The City's Director of Administrative Services shall evaluate the evidence presented by the customer, as well as the information on file with the City concerning the water charges in question and render a decision as to the accuracy of said charges.
a) If the City's Director of Administrative Services finds the water charges in question are incorrect, the customer will receive an adjustment on their account for the revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City shall provide the customer with the Delinquent Notice in accordance with Section II (B)(2) above. Water service will be restored only after outstanding water charges and any and all applicable reconnection charges are paid in full.
b) If the water charges in question are determined to be correct, the water c)'iarges are due and payable within five (5) calendar days after the decision of the City's Director of Administrative Services is rendered. In the event the charges are not paid in full within sixty (60) calendar days after the original billing date, then the City shall providethecustomerwiththe DelinquentNoticeinaccordancewith

12 51
Exhibit "A"
Section II (B)(2) above, and may proceed in potentially discontinuing service to the customer's property.
c) Any overcharges will be reflected as a credit on the next regular bill to the customer at the sole discretion of the City. d) Water service to any customer shall not be discontinued at any time during which the customer's appeal to the City or its City's Director of Administrative Services is pending.
e) The decision of the City's Director of Administrative Services is final and binding.

Restoration of Service: In order to resume or continue service that has been discontinued by the City due to non-payment, the customer must pay a reconnection fee established by the City, subject to the limitation set forth in Section II (E)(1) above. The City will endeavor to make such reconnection as soon as practicable as a convenience to the customer. The City shall make the reconnection no later than the end of the next regular working day following the customer's request and payment of any applicable reconnection fee.

13 52

ATT ACHMENT B

RULE FOUR

CITY OF SOUTH GATE

POLICY ON DISCONTINUATION OF

RESIDENTIAL WATER SERVICE FOR NON-P AYMENT
Notwithstanding any other policy or rule of the City of South Gate (City), this Policy on Discontinuation of Residential Water Service for Non-Payment shall apply to the City's discontinuation of residential water service for non-payment under tlie provisions set foith herein.

In the event of any conflict between this Policy and any other policy or rule of the City, this Policy shall prevail.

I. Application of Policy; Contact Telephone Number: This policy shall apply to all water service accounts. The City can be reached at (323) 563-9586 for assistance concerning the payment of water bills and the potential establishment of the alternatives set forth in this policy to avoid discontinuation of service.

II. Discontinuation of Residential Water Service for Non-Payment:

A. Rendering and Payment of Bills: Bills for water service will be rendered to each customer on a monthly basis unless otherwise provided for in the City's rate schedules. Bills for service are due and payable on the bill's due date and become overdue and subject to discontinuation of service if not paid within sixty (60) calendar days from the d33 date of the bill. Payment may be made at the City's Water Customer Service Division office, the drop box located at City Hall, or the City's website. However, it is the customer's responsibility to assure that payments are received at the City's office in a timely manner. Partial payments are not authorized unless prior approval has been received from the City. Bills will be comprited as follows:

1. Meters will be read at regular intervals for the preparation of periodic bills and as reqciired for the preparation of opening bills, closing bills and special bills.

2. Bills for metered service will show the meter reading for the current and previous meter reading period for which the bill is rendered and the number of rinits of service for the current meter reading.

3. City billings shall be paid in legal teiider of the United States of America.

Notwithstanding the foregoing, the City shall have the right to refuse any payment of such billings in coin.

B. Overdue Bills: The following rules apply to customers whose bills remain unpaid for more than sixty (60) calendar days following the invoice date:

1. Small Balance Accorints: If a balance is $20.00 or less and remains unpaid on any billing, it shall be carried over and added to the next billing period.

Page l of 9
14 53

ATT ACHMENT B
Overdue Notice: If payment for a bill rendered is not made on or before the forty-fifth (45'h) calendar day following the invoice date, a notice of overdue payment (tlie "Overdtie Notice") will be mailed to the water service customer at least seven (7) busii'iess days prior to the possible discontinuation of service date identified in the Overdue Notice. No residential sluitoffs for noii-payment will occur cintil an account is at least 60 days cielinquent. If tlie customer's address is not tlie address of tlie propeity to which the service is provided, the Overdue Notice must also be sent to tlie address of the property served, addressed to "Occupant." Tlie Overdue Notice must contain the following:
d)
e)
Customer's name and address;
Amount of delinqriency;
Date by which payment or arrangement for payment must be made in order to avoid discontinuation of service; Description of the process to apply for an extension of time to pay the amount owing (see Section III (D), below); Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency (see Section IV, below); and
Description of the procedure by which the customer can request a deferred or alternative payment schedule (see Section III, b elow).

The City may alternatively provide notice to the customer of the impending discontinuation of service by telephone. If that notice is provided by telephone, the City shall offer to provide the customer with a copy of this policy and also offer to discuss with the customer the options for alternative payments, as described in Section III, below, and the procedures for review and appeal of the customer's bill, as described in Section IV, below.

Unable to Contact Customer: If the City is not able to contact the customer by written notice (e.g., a mailed notice is returned as undeliverable) or by telephone, the City will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuoris location, a notice of imminent discontinuation of service for non-payment and a copy of this Policy.

Late Charge: A Late Charge, as specified in the City's fees and charges, shall be assessed and added to the outstanding balance on the customer's account if the amount owing on that account is not paid before the Overdue Notice is generated.

15 54

ATT ACHMENT B
Turn-Off Deadline: Payment for water service charges must be received in the City offices no later than 5 :30 p.m. on the date specified in the Overdue Notice. Postmarks are not acceptable.

Notification of Returned Check: Upoii receipt of a retutned check rendered as remittance for water service or other charges, the City will consider the account not paid. The City will attempt to notify the customer in person and leave a notice of discontinuation of water service at the premises. Water service will be disconnected if the amount of the returiied check and returned check charge are not paid by the due date specified on the notice, which due date sliall not be sooner than the date specified in the Insufficient Check Notice; or if an Insufficient Check Notice had not been previously provided, no sooner than the sixtieth (60'h) calendar day after the bill for which payment by the returned check had beeri made. To redeem a returned check and to pay a returned check charge, all amounts owing must be paid by cash, credit or debit card or cashier's check.

Returned Check Tendered as Payment for Water Service Disconnected for Nonpayment: WHEN SERVICE IS TURNED OFF FOR NON-

PAYMENT IT MUST BE PAID BY CASH, CREDIT OR DEBIT CARD, OR CASHIER'S CHECK ONLY.
a) If at any time, the customer's account is again disconnected for non- payment, the City may require the custoiner to pay with cash, credit or debit card or cashier's check to have the water service restored.

Conditions Prohibiting Discontinuation: The City sliall not discontinue residential water service if all of the following conditioiis are met:

Health Conditions - The customer or tenai'it of the customer submits certification of a primary care provider that discontinuation of water service worild: (i) be life threatening or (ii) pose a serious threat to the health and safety of a person residing at the property;
Financial Inability - The customer demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. Tlie customer is deemed "financially unable to pay" if any member of the customer's horisehold is: (i) a cuirent recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children or (ii) the customer declares the household's annual income is less than 200% of the federal poverty level; and

16 55

ATT ACHMENT B

3. Alternative Payment Arrangements -Tlie customer is willing to enter into an alternative payment schedule consistent with the provisions of Section III, below.

Process for Determination of Conditions Prohibiting Discontinuation of Service:

The burden of proving compliance with the conditions described in Section II (C), above, is on the customer. In order to allow the City sufficient time to process aiiy request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues rmder Section II (C)(l) or financial inability under Section II (C)(2) and willingness to enter into any alternative payment arrangement under Section II (C%3) as far in advance of any proposed date for discontinuation of service as possible. Upon receipt of such documentation, the City's Director of Administrative Services, or his or lier designee, shall reviewthat documentation and respond to the customer within seven (7) calendar days to either request additional information, including information relating to the feasibility of the available alternative arrangements or to notify the customer of the alteriiative payment arrangement, and terms tliereof, under Section III, below, in which the City will allow the customer to participate. If the City has requested additional information, the customer shall provide that requested information within seven (7) calendar days of receipt of the City's request. Withii'i seven (7) calendar days of its receipt of that additional information, the City shall either notify the customer in writing that the customer does not meet the conditions under Section II (C), above or notify the customer in writing of the alternative payment arrangement, and terms thereof, under Section III, below, in which the City will allow the customer to participate. Customers who fail to meet the conditions described in Section II (C), above, must pay tlie delinquent amount, including any penalties and other charges, owing to the City within the latter of: (i) five (5) calendar days after the date of notification from the City of the City's determination that the customer failed to meet those conditions or (ii) the date of the impending service discontinuation, as specified in the Overdue Notice.

Special Rules for Low Income Customers: Customers are deemed to have a household income below 200% of the federal poveity line if: (i) any member of the customer's household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplei'nentary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children or (ii) the customer declares the horisehold's annual income is less than 200% of the federal poveity level. If a customer demonstrates either of those circumstances, then the following apply:

1. Reconnection Fees: If service has been discontinued and is to be reconnected, then any reconnection fees during the City's normal operating hours will be $36.77and reconnection fees during non-operational hours will be $150.00. Those fees cannot exceed the actual cost of reconnection

17 56

ATT ACHMENT B
if that cost is less than the statutory caps. Those caps may be adjusted annually for clianges in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim metropolitan area beginning January 1, 2021.

2. Interest Waiver: The City shall not impose any interest charges on delinqrient bills.

F. Landlord-Tenant Scenario: The below procedures apply to individually metered detached sii'igle-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the customer of record and is responsible for payment of the water bill.

1. Required Notice:
a. If the property is a detached single-family dwelling, multi-unit residential structure or mobile home park, at least 10 calendar days prior to the possible discontinuation of water setavice, the City rmist make a good faith effoit to inform the tenants/occupants at the propeity by written notice that tlie water service will be discontinued.
b. The written notice must also inform tlie tenants/occupants that they have the right to become customers to whom the service will be billed (see Section II (F)(2) below), withorit having to pay any of tlie then delinquent amounts. Tenants/occupants are required to pay a $204.28 refundable deposit when signing rip for service in their name.

2. Tenants/Occupants Becoming Customers:
a. The City is not required to make service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for service and meets the City's requirements and rules. b. However, if: (i) one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the City's satisfaction, or (ii) there is a physical means to selectively discontinue service to those tenants/occupants who have not met the City's requirements, then the City may make service available only to those tenants/occupants who have met the requirements.

III. Alternative Payment Arrangements: For any ctrstomcr who mccts tlic tlircc conditions undcr Scction II (C) abovc, in accordancc with the process sct forth in Scction II (D) abovc, tThe City shall offer the customer alternative payment arrangements to be selected by the Cityand resident. at its discrction. T)iere are no conditions to entering into an altemative payinent plan.

The Director of Administrative Services, or his or her designee, shall, in the exercise of reasonable discretion, select the most appropriate alternative payment arrangement after reviewing the

18 57

ATT ACHMENT B
information and documentation provided by the customer and taking into consideration the customer's financial situation and District's payment needs.

Alternative Payment Schedule: Any customer who is unable to pay for water service within the City's notatnal payment period and mccts tlic tlircc conditions under Scctioii II (C), abovc, as tlic City shall confirm, may request an alternative payment plan by contacting t)ie City in person. by telep)ione (323) 563-9586%, or by email - [email protected], if the City has sclectcd this ,to enter into an alternative payment schedule for the unpaid balance in accordance with the following:

1. Repayment Period: The customer shall pay the unpaid balance over a period - of twelve (12) months, as determined by the City's Director of Administrative Services or his/her designee; provided, however, that the City's Director of Administrative Services or his/her designee, in their reasonable discretion, may extend the repayment period for longer than twelve (12) months to avoid undue hardship on the customer. To request an extension, please contact tlie City in person. by telephone (323) 563-9586, or by ei'nail - utilitybilling(asogate.org before your agreed LIK)Oil alternative schedule expires.

2. Schedule: After consulting with the customer and considering the customer's financial limitations, the City's Director of Administrative Services or his or her designee sliall develop an alternative payment schedule to be agreed upon with the customer. That alternative schedule may provide for periodic lump sum payments that do not coincide with the City's established payment date, may provide for payments to be made more frequently than monthly, or may provide that payments be made less frequently than monthly, provided that in all cases, subject to Section III (A)(I), above, the unpaid balance shall be paid in full within twelve (12) months of establishment of the payment schedule. The agreed upon schedule shall be set foith in writing and be provided to the customer.

3. Compliance with Plan: The customer must comply with the agreed ripon payment schedule and remain current as charges are billed in each subsequent billing period. The customer may not request a longer payment schedule for any subseqrient unpaid charges while paying delinquent chargespursuanttoapreviouslyagreeduponschedule. Wherethecustomer fails to coi'nply with the terms of the agreed upon schedule for sixty (60) calendar days or more, or fails to pay the customer's current service charges for sixty (60) calendar days or more, the City may discontimie water service to the customer's propeity at least several (7) calendar days after the City posts at the customer's residence a final notice of its intent to discontinue SerVlCe.

19 58

ATT ACHMENT B
IV. : The procedure to be used to appeal the amormt set forth in any bill for residential water service is as follows:

InitialAppeal: Withinten(10)calendardaysofreceiptofthebillforwaterservice, the customer has a right to initiate an appeal or review of any bill or charge rendered by the City. Such request must be made in writing and be delivered to the City's Water Customer Service Division. For so long as the customer's appeal and any resulting inyestigation is pending, the City cannot discontinue water service to the customer.

Overdue Notice Appeal: In addition to the appeal rights provided under Section IV (A), above, any customer who receives a Delinquent Notice may request an appeal or review of the bill to which the Delinquent Notice relates at least seven (7) calendar days after the date of the Delinquent Notice if the customer alleges the bill is in error with respect to the quantity of water consumption set forth on that bill; provided, however, that no such appeal or review rights shall apply to any bill for which an appeal or request for review under Section IV (A), above, has been made.

Any appeal or request for review under this Section IV (B) must be in writing and must include documentation supporting tlie appeal or the reason for the review. Tlie request for an appeal or review must be delivered to the City's Water Customer Service Division witliin that seven (7) calendar day period. For so long as tlie customer's appeal and any resulting investigation is pending, the City cannot discontinue water service to the customer.

Appeal Hearing: Following receipt of a request for an appeal or review under Sections IV (A) or (B) above, a hearing date shall be promptly set before the Hearing Officer. After e'valuation of the evidence provided by the customer and the information on file with the City concerning the water charges in question, the Hearing Officer shall render a decision as to the accuracy of the water charges set forth on the bill and shall provide the appealing customer with a brief written summary of the decision.

1. If water charges are determined to be incorrect, the City will provide an adjustment to the account and the revised charges will be due within ten (10) calendar days of the adjustment for revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the adjustment is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City sl'iall provide the customer with the Delinquent Notice in accordance with Section II (B)(2), above. Water service will only be restored upon full payment of all outstanding water charges, penalties and any and all applicable reconnection charges.

2. If the water charges in question are determined to be correct, the water charges are due and payable within five (5) calendar days after the Hearing Officer's decision is rendered. At the time the Hearing Officer's decision

20 59

ATT ACHMENT B
is rendered, the customer will be advised of the right to further appeal before the City's Director of Administrative Services. Any such appeal must be filed in writiiig within seven (7) calendar days after the Hearing Officer's decision is rendered if the appeal or review is an initial appeal under Section IV (A) above or witliin three (3) calendar days if the appeal or review is a Delinquent Notice appeal under Section IV (B) above. The appeal hearing will occur within seven (7) calendar days with City's Director of Administrative Services, unless the customer and City agree to a later date.
(b) For an initial appeal rmder Section IV (A) above, if the customer does not timely appeal to the City's Hearing Officer, the water charges in question shall be immediately due and payable. In the event the charges are not paid in full within sixty (60) calendar days after the original billing date, then the City shall provide with the customer with the Delinquent Notice in accordance with Section II (B)(2) above and may proceed in potentially discontinuing service to the customer's property.
(c) For an Overdue Notice appeal under Section IV (B) above, if tlie customer does not timely appeal to the Hearing Officer, then water service to tlie subject property may be discontinued on written or teleplionic notice to tlie customer to be given at least twenty-four (24) hours after the latter of: (i) expiration of the original sixty (60) calendar day notice period set forth in the Overdue Notice or (ii) the expiration of the appeal period.

When a secondary hearing before the City's Director of Administrative Services is reqriested, such request shall also be made in writing and delivered to the City's Water Customer Service Division at its City Hall office. The cristomer will be required to personally appear before the City's Director of Administrative Services and present evidence and reasons as to why the water charges on the bill in qriestion are not accurate. The City's Director of Administrative Setavices shall evaluate the evidence presented by the customer, as well as the information on file with the City concerning the water charges in question and render a decision as to the accuracy of said charges.
a) If the City's Director of Administrative Services finds the water charges in question are incorrect, the customer will receive an adjustment on their account for the revised charges. If the revised charges remain unpaid for more than sixty (60) calendar days after the corrected invoice is provided, water service will be disconnected, on the next regular working day after expiration of that sixty (60) calendar day period; provided that the City shall provide the customer with the Delinquent Notice in accordance with Section II (B)(2) above. Water service will be restored only after

21 60

ATT ACHMENT B
outstandiiig water charges and any and all applicable reconnection charges are paid in full.
b) If the water charges in question are detetmined to be correct, the water charges are due and payable withiii five (5) calendar days after the decision of the City's Director of Administrative Services is rendered. In the event the charges are not paid in full within sixty (60) calendar days after tlie original billing date, then the City shall provide the customer with the Delinquent Notice in accordance with Section II (B)(2) above, and may proceed in potentially discontinuing service to the customer's property.
c) Any overcharges will be reflected as a credit on the next regular bill to the customer at the sole discretion of the City.
d) Water service to any customer shall not be discontinued at any time during which the customer's appeal to tlie City or its City's Director of Administrative Services is pending.
e) The decision of the City's Director of Administrative Services is final and binding.

Restoration of Service: In order to resume or continue service that has been discontinued by the City due to non-payment, the customer must pay a reconnection fee established by the City, subject to the limitation set forth in Section II (E)(1) above. The City will endeavor to make sucli reconnection as soon as practicable as a convenience to the customer. The City shall make tl'ie reconnection no later than the end of the next regular working day following the customer's request and payment of any applicable reconnection fee.

22 61
6A%xvhinpogy,t'nou

ATT ACHMENT C
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB-998 Discontinuation of residential water service: urban and community water systems. (2017-2018) SHARETHISi [2 1IU Date Publishedi 09/28/2018 09iOO PM Senate Bill No. 998
CHAPTER 891
An act to add Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and Safety Code, relating to water.
( Approved by Governor September 28, 2018. Filed with Secretary of State September 28, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 998, Dodd. Discontinuation of residential water service: urban and community water systems.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water corporations. Existing law requires certain notice to be given before a water corporation, public utility district, municipal utility district, or a municipally owned or operated public utility furnishing water may terminate residential service for nonpayment of a delinquent account, as prescribed.

This bill would require an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, to have a written policy on discontinuation of water service to certain types of residences for nonpayment available in prescribed languages. The bill would require the policy to include certain components, be available on the system's Internet Web site, and be provided to customers in writing, upon request. The bill would provide for enforcement of these provisions, including making a violation of these provisions punishable by a civil penalty issued by the board in an amount not to exceed $1,000 for each day in which the violation occurs, and would require the enforcement moneys collected by the board to be deposited in the Safe Drinking Water Account. The bill would prohibit an urban and community water system from discontinuing residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. The bill would require an urban and community water system to contact the customer named on the account and provide the customer with the urban and community water system's policy on discontinuation of residential service for nonpayment no less than 7 business days before discontinuation of residential service, as prescribed.

This bill would prohibit residential service from being discontinued under specified circumstances. The bill would require an urban and community water system that discontinues residential service to provide the customer with information on how to restore service. The bill would require an urban and community water system to waive interest charges on delinquent bills for, and would limit the amount of a reconnection of service fee imposed on, a residential customer who demonstrates, as prescribed, to the urban and community water system household income below 200o/o or the federal poverty line. The bill would require an urban and community water system that furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit structure, mobilehome park, or permanent residential structure in a labor camp, and that the owner, manager, or operator of the dwelling, structure, or park is the customer of record, to make every good faith effort to inform the residential occupants by written notice that service will be terminated and that the residential occupants have the right to become customers, as specified. The bill would require an urban and community water system to report the number of annual discontinuations of residential service for inability to pay on its Internet Web site and to the board, and the bill would require the board to post on its Internet Web site the information reported. The bill would require an urban water supplier, as defined, or an urban and community water system regulated by the commissP , 62 to comply with the bill's provisions on and after February 1, 2020, and any other urban and community water system to comply with the bill's provisions on and after April 1, 2020. The bill would provide that the provisions of the bill are in addition to the provisions in existing law duplicative of the bill and that where the provisions are inconsistent, the provisions described in the bill apply.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares as follows:
(a) All Californians have the right to safe, accessible, and affordable water as declared by Section 106.3 of the Water Code. (b) It is the intent of the Legislature to minimize the number of Californians who lose access to water service due to inability to pay.
(c) Water service discontinuations threaten human health and well-being, and have disproportionate impact on infants, children, the elderly, low-income families, communities of color, people for whom English is a second language, physically disabled persons, and persons with life-threatening medical conditions. (d) When there is a delinquent bill, all Californians, regardless of whether they pay a water bill directly, should be treated fairly, and fair treatment includes the ability to contest a bill, seek alternative payment schedules, and demonstrate medical need and severe economic hardship.
(e) The loss of water service causes tremendous hardship and undue stress, including increased health risks to vulnerable populations.
(f) It is the intent of the Legislature that this act provide additional procedural protections and expand upon the procedura[ safeguards contained in the Public Utilities Code and Government Code as of January 1, 2018, relating to utility service disconnections.

SEC. 2. Chapter 6 (commencing with Section 116900) is added to Part 12 of Division 104 of the Health and Safety Code, to read :

CHAPTER 6. Discontinuation of Residential Water Service 116900. This chapter shall be known, and may be cited, as the Water Shutoff Protection Act. 116902. For the purposes of this chapter, the following definitions apply:
(a) "Board" means the State Water Resources Control Board. (b) "Public water system" has the same meaning as defined in Section 116275. (c) "Residential service" means water service to a residential connection that includes single-family residences, multifamily residences, mobilehomes, including, but not limited to, mobilehomes in mobilehome parks, or farmworker housing. (d) "Urban and community water system" means a public water system that supplies water to more than 200 service connections.
(e) "Urban water supplier" has the same meaning as defined in Section 10617 of the Water Code. 116904. (a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020.
(b) An urban and community water system regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2020. The urban and community water system regulated by the Public Utilities Commission shall file advice letters with the commission to conform with this chapter. (c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter on and after April 1, 2020.
116906. (a) An urban and community water system shall have a written policy on discontinuation of residential service for nonpayment available in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by at least 10 percent of the people residing in its service area. The policy shall include all of the following:
(1) A plan for deferred or reduced payments.
(2) Alternative payment schedules.
(3) A formal mechanism for a customer to contest or appeal a bill. 24 63
(4) A telephone number for a customer to contact to discuss options for averting discontinuation of residential service fornonpayment. (b) The policy shall be available on the urban and community water system's Internet Web site, if an Internet Web siteexists. If an Internet Web site does not exist, the urban and community water system shall provide the policy to customersin writing, upon request. (c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and 116655. Theprovisions of Section 116585 and Art:icle 10 (commencing with Section 116700) of Chapter 4 apply to enforcementundertaken for a violation of this section. (2) All moneys collected pursuant to this subdivision shall be deposited in the Safe Drinking Water Account establishedpursuant to Section 116590. 116908. (a) (1) (A) An urban and community water system shall not discontinue residential service For nonpayment until apayment by a customer has been delinquent for at least 60 days. No less than seven business days before discontinuationof residential service for nonpayment, an urban and community water system shall contact the customer named on theaccount by telephone or written notice. (B) When the urban and community water system contacts the customer named on the account by telephone pursuantto subparagraph (A), it shall offer to provide in writing to the customer the urban and community water system's policyon discontinuation of residential service for nonpayment. An urban and community water system shall offer to discussoptions to avert discontinuation of residential service for nonpayment, including, but not limited to, alternativepayment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaidbalance, and petition for bill review and appeal. (C) When the urban and community water system contacts the customer named on the account by written noticepursuant to subparagraph (A), the written notice of payment delinquency and impending discontinuation shall bemailed to the customer of the residence to which the residential service is provided. If the customer's address is notthe address of the property to which residential service is provided, the notice also shall be sent to the address of theproperty to which residential service is provided, addressed to "Occupant." The notice shall include, but is not limitedto, all of the following information in a clear and legible format:
(i) The customer's name and address.
(ii) The amount of the delinquency.
(iii) The date by which payment or arrangement for payment is required in order to avoid discontinuation ofresidential service. (iv) A description of the process to apply for an extension of time to pay the delinquent charges. (v) A description of the procedure to petition for bill review and appeal. (vi) A description of the procedure by which the customer may request a deferred, reduced, or alternative paymentschedule, including an amortization of the delinquent residential service charges, consistent with the written policiesprovided pursuant to subdivision (a) of Section 116906. (2) IF the urban and community water system is unable to make contact with the customer or an adult occupying theresidence by telephone, and written notice is returned through the mail as undeliverable, the urban and community watersystem shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in aconspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and the urban andcommunity water system's policy for discontinuation of residential service for nonpayment. (b) If an adult at the residence appeals the water bill to the urban and community water system or any other administrativeor legal body to which such an appeal may be lawfully taken, the urban and community water system shall not discontinueresidential service while the appeal is pending. 1ls9'io. (a) An urban and community water system shall not discontinue residential service for nonpayment if all of thefollowing conditions are met:
(1) The customer, or a tenant of the customer, submits to the urban and community water system the certification of aprimary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 ofthe Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a seriousthreat to the health and safety of, a resident of the premises where residential service is provided. (2) The customer demonstrates that he or she is financially unable to pay for residential service within the urban andcommunity water system's normal billing cycle. The customer shall be deemed financially unable to pay for residentialservice within the urban and community water system's normal billing cycle if any member of the customer's household is 25 64
a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/StateSupplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children,or the customer declares that the household's annual income is less than 200 percent of the federal poverty level. (3) The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferredor reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906, withrespect to all delinquent charges. (b) (1) If the conditions listed in subdivision (a) are met, the urban and community water system shall offer the customerone or more of the following options:
(A) Amortization of the unpaid balance.
(B) Participation in an alternative payment schedule. (C) A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers. (D) Temporary deferral of payment.
(2) The urban and community water system may choose which of the payment options described in paragraph (1) thecustomer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option offered shouldresult in repayment of any remaining outstanding balance within 12 months. An urban and community water system maygrant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer basedon the circumstances of the individual case. (3) Residential service may be discontinued no sooner than 5 business days after the urban and community water systemposts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either ofthe following circumstances:
(A) The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral orreduction in payment plan for delinquent charges for 60 days or more. (B) While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction inpayment plan for delinquent charges, the customer does not pay his or her current residential service charges for 60days or more. 1169'l2. An urban and community water system that discontinues residential service for nonpayment shall provide thecustomer with information on how to restore residential service. 116914. (a) For a residential customer who demonstrates to an urban and community water system household income below200 percent of the federal poverty line, the urban and community water system shall do both of the following:
(1) Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not toexceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changesin the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours, an urban and community water system shall set a reconnection of service fee at one hundred fifty dollars ($150),but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustmentfor changes in the Consumer Price Index beginning January 1, 2021. (2) Waive interest charges on delinquent bills once every 12 months. (b) An urban and community water system shall deem a residential customer to have a household income below 200percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, generalassistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California SpecialSupplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annualincome is less than 200 percent of the federal poverty level. ffl3916. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner,manager, or operator of the dwelling. (b) If an urban and community water system furnishes individually metered residential service to residential occupants of adetached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in alabor camp as defined in Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is thecustomer of record, the urban and community water system shall make every good faith effort to inform the residentialoccupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days priorto the termination. The written notice shall further inform the residential occupants that they have the right to becomecustomers, to whom the service will then be billed, without being required to pay any amount which may be due on thedelinquent account. 26 65
(c) The urban and community water system is not required to make service available to the residential occupants unlesseach residential occupant agrees to the terms and conditions of service and meets the requirements of law and the urbanand community water system's rules and tariffs. However, if one or more of the residential occupants are willing and able toassume responsibility for the subsequent charges to the account to the satisfaction of the urban and community watersystem, or if there is a physical means legally avallable to the urban and community water system of selectively terminatingservice to those residential occupants who have not met the requirements of the urban and community water system's rulesand tariffs, the urban and community water system shall make service available to those residential occupants who havemet those requirements. (d) If prior service for a period of time is a condition for establishing credit with the urban and community water system,residence and proof of prompt payment of rent or other credit obligation acceptable to the urban and community watersystem for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the urban and community water system pursuant to this sectionwhose periodic payments, such as rental payments, include charges for residential water service, where those charges arenot separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the urbanand community water system for those services during the preceding payment period. (f) In the case of a detached single-family dwelling, the urban and community water system may do any of the following:
(1 ) Give notice of termination at least seven days prior to the proposed termination. (2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer toverify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling.Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government documentindicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code. 116918. An urban and community water system shall report the number of annual discontinuations of residential service forinability to pay on the urban and community water system's Internet Web site, if an Internet Web site exists, and to theboard. The board shall post on its Internet Web site the information reported. 116920. (a) The Attorney General, at the request of the board or upon his or her own motion, may bring an action in statecourt to restrain by temporary or permanent injunction the use of any method, act, or practice declared in this chapter to beunlawful. (b) For an urban and community water system regulated by the Public Utilities Commission, the commission may bring anaction in state court to restrain by temporary or permanent injunction the use by an urban and community water systemregulated by the commission of any method, act, or practice declared in this chapter to be unlawful. 116922. All written notices required under this chapter shall be provided in English, the languages listed in Section 1632 ofthe Civil Code, and any other language spoken by 10 percent or more of the customers in the urban and community watersystem's service area. 116924. Where provisions of existing law are duplicative of this chapter, compliance with one shall be deemed compliancewith the other. Where those provisions are inconsistent, the provisions of this chapter shall apply. Nothing in this chaptershall be construed to limit or restrict the procedural safeguards against the disconnection of residential water serviceexisting as oF December 31, 2018. 116926. This chapter does not apply to the termination of a service connection by an urban and community water systemdue to an unauthorized action of a customer. 27 66
Item No. 5CITYMANAGER'S OFFICE
FEB 2 2 2023 Ciffl of South Gate

CITY COUNCIL
AGENDA B'J[LL
For the Regular Meeting of: February 28, 2023
Originating Department: Parks and Recreation
DepartmentHead: 4 CityManager:

Steve Je ers
SUBJECT: AMENDMENT NO. l TO CONTRACT N0. 3430 WITH ADMINISTRATIVE SERVICES CO-OP dba FIESTA TAXI EXTENDING TERM FOR ONE (l) YEAR PURPOSE: To provide an additional year of Dial-A-Ride services by Fiesta Taxi through an extension of Contract No. 3430.

RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Amendment No. 1 to Contract No. 3430 with Fiesta Taxi Cooperative, Inc. dba Fiesta Taxi/Ride Yellow ("Fiesta Taxi") to provide Dial-A-Ride services for the residents of South Gate for an additional one (1) year through and including June 30, 2024; and b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attomey.

FISCAL IMPACT: The Dial-A-Ride program is funded through the City's annual allocation of Los Angeles County Proposition A Transportation funds (Prop A). While this amendment allows for an increase in their rates of approximately 10% over current rates, the total costs incurred are projected to be within the current budget allocation of $863,507. The new rates are consistent with similarMetro rates provided for in their agreements. It is anticipated that next year's budget request will be sufficient to cover these increase as well.

REPORT SUMMARY: On March 13, 2018, the City entered into a 5-year agreement, Contract No. 3430, effective with a commencement date of July 1, 2018, with Fiesta Taxi to provide Dial-A-Ride services for the senior and disabled population of South Gate. This contract is set to expire on June 30, 2023. Staff is asking Council to approve a l-year extension of the contract to allow time to issue a new RFP and obtain bids from prospective companies. Currently, the budgeted amount for the Dial-A-Ride contract is $863,507. Next year's projected budget would be estimated at $906,000.

The current contractor, Fiesta Taxi, has been servicing the City for the past 5 years and has done a commendable job with the day-to-day operations as well as assisting the City in several areas related to COVID issues. They have provided additional services such as delivering food to our seniors, taking residents to get COVID testing, and taking residents to get vaccinated.

Amendment No, 1 will extend the current contract for a 1-year period under the same terms and conditions as the original contract.

ATTACHMENTS: A. Proposed Amendment No. l to Contract No. 3430 B. Contract No. 3430
67 Ai'nendment No. I
Contract No. 3430
AMENDMENT N0. 1 TO CONTRACT N0. 3430 FOR DIAL-A-RIDE

SERVICES BETWEEN THE CITY OF SOUTH GATE AND FIESTA TAXI COOPERATIVE, INC. dba FIESTA TAXI/RIDE YELLOW This Amendment No. l to that certain Agreement for Transit Services/Dial-A-Ride services dated Marcli 13, 2018 Contract No. 3430 ("Agreement") is entered into on February 28, 2023, by and between the City Of South Gate, a California municipal corporation (hereinafter "City"), and Fiesta Taxi Cooperative, Inc., a California Corporation, doing business as Fiesta Taxi/Ride Yellow, (hereinafter "Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party and collectively as "Parties."

RECIT ALS
This Amendment is entered into based on the following facts, understandings, and intentions of the parties:

WHEREAS, Contractor has provided Transit Services/Dial-a-Ride services to the City since July 1, 2018;
WHEREAS, City desires to continue to make Dial-a-Ride services available to eligible seniors (persons 62 years and older) and to persons with disabilities who reside in South Gate, and, to this end, City must continue to contract with a qualified transportation service provider capable of operating in a manner consistent with City's legitimate governmental interest in protecting the public health, safety, and welfare;
WHEREAS, Contractor has demonstrated a capacity to provide the Transit Services/Dial- a-Ride service within South Gate; and
WHEREAS, Parties now desire to amend the Agreement to engage and compensate the Contactor for an additional one-year term under the same terms and conditions as set forth in the Agreement.

NOW, THEREFOR, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. MODIFICATION TO AGREEMF,NT
A. TERM OF AGREEMENT. The term of the Agreement referenced in Section 2.0 shall be extended by one (1) year through and including June 30, 2024.

B. COMPENSATION AND METHOD OF PAYMENT. The compensation and method of payment shall be amended to be the same as the taxi meter rates approved on May 6, 2022, by the Los Angeles Department of Transportation (Attachment A).

These rates shall remain unchanged during the term of this amendment. All other rates shall remain the same.

68 Amendment No. 1
Contract No. 3430

EFFECTS OF AMENDMENT
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in -full force and effect. Without limiting the generally of the forgoing, Agreement shall remain unchanged during the term of Agreement as extended by Section above.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective offices hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

B7:

Raul Salinas, City Attorney
FIESTA TAXI COOPERATIVE, INC.

B7:

Marco A. Soto, Director
Dated:

69 Contract No. 3430

AGREEMENT FOR TRANSIT SERVICES

PHONE-A-RIDE
This Agreement for Transit Services ("Agreement") is made and entered into as of March 13, 2018, by and among the City of South Gate (hereinafter referred to as the "City"), and Fiesta Taxi Cooperative, Inc. doing business as Fiesta Taxi/Ride Yellow (hereinafter referred to as the "Contractor")
The City and the Contractor agree as follows:

RECIT ALS
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for certain services relating to demand response transit services for the elderly and disabled.

C. The Contractor warrants to the City that it has the qualifications, experience and facilities to properly and timely perform the senices required under this Agreement.

D. The City desires to contract with the Contractor to perform the services as described in this Agreement.

NOW, THEREFORE, the City and the Contractor agree as follows:
1,O SCOPE OF THE CONTRACTOR'S SERVICES. The Contractor agrees to provide the services and perform the tasks set forth in the attached Contractor's proposal, attached to and made part of this Agreement. The Scope of Work as stipulated in the proposal may be amended from time to time by way of a written directive from the City. In the event that there is a conflict between the temis of this agreement and the proposal, the scope of work and terms as stipulated in this Agreement shall prevail. The parties acknowledge that changes to the scope may increase or decrease the overall contract cost or levels of service. Such changes will be determined solely based upon the unit cost provided within the proposal.

2.O TERM OF AGREEMENT. This Agreement will become effective as of July 1, 2018 ("Commencement Date") and will remain in effect for a period of five (5) years until June 30, 2023, unless otherwise expressly extended and agreed to by both parties in wntmg or terminated by either party as provided herein.

3.O CITY AGENT. The Director of Parks & Recreation, or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Contractor understands that the Director of Parks & Recreation, or his/her designee, has the authority to provide that approval or authorization. 70 Agreement for Transit Senices
Fiesta Taxi

4.O COMPENSATION FOR SERVICES. The City shall pay the Contractor for its professional services rendered and costs incuned pursuant to this Agreement in accordance with the Scope of Work's fee and cost schedule. The entire cost of services under this Agreement shall not exceed $811,000 per year or, if different, the amount budgeted by the City Council for such transit services in any applicable fiscal year of the City during the life of this Agreement ("Transit Budget"). To avoid cost overnins, and the possibility of expending General Funds from the City, the compensation paid to Contractor shall be managed to establish a contingency resene from said amount in the sole discretion of the Director of Parks and Recreation to take into account periods of higher or seasonal activity in other parts of the year.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the Director of Parks & Recreation or his/her designee. Services provided, or debt incurred by the Contractor if in excess of the amount budgeted by the City Council per year shall be at the Contractor's own expense without exception. Costs shall be evaluated monthly as part of regular progress meetings and levels of service modified with the consent ofthe City to ensure that annual costs remain within specified limits. All administrative fees and other expenses required to be incurred by the City for implementation of this Agreement, whether paid to Contractor or a third party, shall be considered part of the Transit Budget limit. 4,1 Within the limits and restrictions stipulated above and those listed in 7.1.5 and 7.2, the City shall only pay for verified Phone-A-Ride trips recorded through the EZ Transport card system to approved South Gate Phone-A-Ride customers. Trip cost for these Phone-A-Ride senices shall be based upon Fiesta's standard meter fares and the final cost determined using a pre-calculated "shortest trip" and not the actual meter reading, In addition to actual trip costs, the Cityshallpayanadministrationfeeequa)to 15%ofthetotalPhone-A-Ridechargesineachmonth, which amount shall be drawn from the Transit Budget, The City shall also pay use costs for the EZTransport card system as specified in the attached Contractor's proposal, which expenditures shall be paid from the Transit Budget. It will be the Contractor's responsibility to track, verify, calculate and submit for payment all charges on a monthly basis, which shall be subject to audit by the City at any time.

4.2 The Contractor shall submit to the City, by not later than the 10" day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Contractor al) uncontested amounts set forth in the Contractor's bill within 30 days after it is received.

4.3 Annually, it is contemplated that the City shall approve, as part of the regu]ar budget process, a total amount of funding to be made available to this program.

Notwithstanding, if the City determines that this program shall not be funded in whole or in part, said determination shall set the amount of this Agreement. Contractor expressly understands and acknowledges that the Director of Parks and Recreation may require that a contingency reserve shall be set aside from the budgeted amount for said transport services provided under this Agreement to provide for periods of higher or seasonal activity, and to avoid the possibility of expending General Funds from the City for such services. 71 Agreement for Transit Services
Fiesta Taxi
Page3of31

5.O CONFLICT OF INTEREST. The Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the senices to be performed by the Contractor under this Agreement.

The Contractor further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Contractor represents that no City employee or official has a material financialinterestintheContractor'sbusiness. DuringthetermofthisAgreementand/orasaresult of being awarded this contract, the Contractor shall not offer, encourage or accept any financial interest in the Contractor's business by any City employee or official.

6.O GENERAI., TERMS AND CONDITIONS.

6.1 Termination. The City, at its sole discretion, mayterminate this Agreement, with or without cause, by giving the other party sixty (60) calendar days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Contractor under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Contractor shall prepare and shall be entitled to receive compensation pursuant to a final bill for transportation services rendered pursuant to this Agreement through the termination date. If the City terminates this Agreement for cause, due to the Contractor's failure to comply with any terms of this agreement, the Contractor shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 Notwithstandmg the foregoing, the Contractor shall not be relieved of liability for damage sustained by virhie of any breach of this Agreement, and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.1.3 UponwrittennoticetotheContractorbytheCityoftheContractor's failure to fiilfill anyterm ofthis agreement, ifthe Contractor fails fully or satisfactorilyto perform the Professional Services within the time specified herein and does not correct such failure within a period of ten (10) days after receipt of notice from the City specifying such failure, the City may provide written notice of termination to the Contractor specifying the effective date thereof.

6.1.4 If the City terminates this Agreement for cause, then:
6,1,4.1 The City may elect to procure services similar to those terminated upon such terms and in such manner as it may deem appropriate;

6.1.4.2 The Contractor shall upon demand by the City 72 Agreement for Transit Services
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therefore promptly deliver to the City all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession or control ofthe Contractor and relating to the Professional Services; and

6.1.4,3 The Contractor shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, and to other documents whether delivered to City or in possession ofthe Contractor, andto any authorized reimbursement expenses.

6.1,5 The Contractor may, by giving written notice to the City of such termination and specifying the effective date thereof, terminate the whole or any part of this Agreement if the City fails to fulfill timely its obligations under this Agreement and does not correct such failure within a period of thirty (30) days after receipt of notice from the Contractor specifying the nature of such failure.

6.1.5.1 IftheContractorterminatesthisAgreementinwholeor in part pursuant to this Section 6.1, then the Contractor shall be entitled to be paid compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder.

In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, provided such has been delivered to the City, and to any authorized reimbursable expenses.

6.2 Non-Assignability. The Contractor shall not assign or transfer or subcontract any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Contractor shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable Jaws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Contractor shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Contractor shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Commercial General Liability }nsurance, written on an "occurrence" basis with a minimum limit of liability of FIVE MILLION DOLLARS ($5,000,000) combined single limit per "occurrence" for bodily injury, personal injury and property damage. If the policy contains a general aggregate limit, then such aggregate limit shall 73 Agreement for Transit Services
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not be less than FIVE MILLION DOLLARS ($5,000,000) and shall contain a per location aggregate limit.
(c) Business Automobile Liability Insurance, for all vehicles used in relationship to taxi based services (defined as vehicles with a capacity of ten (10) passengers inc)uding the driver or less) insuring all owned, non-owned and hired automobiles and blanket contractual liability coverage with a limit of liability of ONE MILLION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and property damage." (d) Each such policy of insurance referenced above shall:
l) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as an additional insured the City, its officers and employees.
3) Specify that the policy shalJ act as primary insurance. 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change." 5) Cover the operations of the Contractor pursuant to the terms of this Agreement and in the case of subcontractors, Contractor shall cause said subcontractors to provide evidence of insurance in the same amount and to the same extent as required of the contractor.

6.5 Indemnification, Contractor agrees to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Contractor's performance of this Agreement, including loss or liability caused by the City's negligence, except loss or liability caused by the City's sole willful conduct or active negligence.

6.6 Compliance With Applicable Law. The Contractor and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6,7 Independent Contractor. This Agreement is by and between the City and the Contractor and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Contractor.

6.7.1. The Contractor shall be an independent Contractor, and shall have 74 Agreement for Transit Services
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no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any coritrol over the conduct of the Contractor, or any of the Contractor's employees, except as herein set forth, and the Contractor expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Contractor is and shall at all times remain to the City a wholly independent Contractor and the Contractor's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Contractor.

6.9 Legal Constniction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
(e) Contractor and City warrant and represent that prior to executing this Agreement that they each have consulted with an attorney or have knowingly and voluntarily chosen not to seek such consultation regarding this Agreement.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an Agreement which shall be binding upon all parties hereto.

6.11 Corrections. In addition to the above indemnification obligations, the Contractor shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Contractor's report or plans. Should the Contractor fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Contractor.
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6.12 Files. All files of the Contractor pertaining to the City shall be and remain the propeity of the City. The Contractor will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.13 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the fiiture. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.14 MitigationofDamages. InallsuchsihiationsarisingoutofthisAgreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Paft)/.

6.15 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.

6.16 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, draffing and execution of the Agreement, and all matters arising out of or connected therewith.

6.16.1 DisputeResolutionThroughMediationAndBindingArbitration; Waiver Of Bench And Jury Trial Rights: In the event of a dispute arising out of, or in any way relating to, this Agreement, the parties shall attempt to informally resolve the matter. If the matter cannot be resolved informally, the Contractor AND City agree that the dispute will be submitted exclusively to final and binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), unless the parties agree in writing to a different arbitration method or fonim. The parties agree that the arbitrator selected must be a retired judge or justice. The parties expressly agree to waive any and all rights to a bench or jury trial, and that judicial recourse shall be limited to seeking provisional remedies (i.e., temporary restraining orders and/or preliminary injunctions), and to petitions seeking to compel arbitration of disputes.

6.17 Entire Agreement. This Agreement constitutes the whole agreement 76 Agreement for Transit Services
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between the City and the Contractor, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Contractor.

6.18 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO City:

Paul L. Adams
Director of Parks & Recreation
City of South Gate
4900 Southern Avenue
South Gate, CA 90280
TEL (323) 563-5478
FAX (323) 564-8632
[email protected]
COPY TO:

Office of the City Clerk
8650 California Avenue
South Gate, CA 90280
TO Contractor:

Marco A. Soto
Vice President of Marketing and Public Affairs
Administrative Services Cooperative, Inc., Fiesta Taxi Cooperative, Inc. dba: Fiesta Taxi or 1-800-

TAXICAB
2129 West Rosecrans Avenue
Gardena, CA 90249
Phone: 310-851-5050
Fax: 310-327-1703
[email protected]

6.19 Warranty Of Authorized 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. 7,O SCOPE OF WORK. Terms cited in this scope of work may be outiined in greater detail in Attachment "A". In the event of a conflict, the terms of this Agreement shall govern over the Contractor's proposal.

7.1 Demand-Response System (Phone-A-Ride) specific requirements are as follows:

7.1.1 Provide transportation to eligible City residents - The operatorwill be expected to provide trips for both same-day service as weH as trips being scheduled one or more days in advance. Persons will be encouraged to call for service a day in advance, All trips must be requested individually. "Flag-downs" or requests for service directly between driver and residents are not allowed. Contractor bears the sole risk of providing services to any resident who is not an existi'ng and valid holder of an EZ transport card. 77 Agreement for Transit Services
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7,1,2 Eligible users for Phone-A-Ride are only the City's senior and disabled population. For the purposes of this program, "Seniors" are defined as South Gate residents that are age 62 years or older. Eligible users must be registered with the City of South Gate Department of Parks and Recreation. The City will provide eligible users with appropriate identification as such in a means agreeable to the Contractor and the Contractor shall require such identification as a condition of providing transport services at the time of pick-up.

7.1,3 Hours of Service - Demand-response service shall be available 24 hours per day, seven days per week including holidays. The City may, at its sole discretion, reduce the hours of service upon ten (10) calendar days written notice to the Contractor.

7.1.4 FareLevel-AnyfarechargeddirectlytothePARcustomer will be determined by the City of South Gate at its sole discretion. Currently, there is a $1,00 per trip fee charged to the customer at the time of service. The City may change fares at its sole discretion with ten (10) calendar days written notice to the Contractor. Any fares charged will be collected by the Contractor and accounted for and deducted from the monthly invoice presented to the City. Collection and accounting of these fares is solely the responsibility of the Contractor and as such, the amount of each fare will be deducted from the City's invoice based upon the number of trips regardless of the amount collected by the Contractor.

7.1.5 Cost of Service Meter rates shall remain at the levels stipulated in the attached Contractor's proposal for the term of the Agreement, Annually, the Contractor may request an increase in these rates for the coming term up to a maximum of those meter rates allowed by the County of Los Angeles. Such increases are subject to approval by the City in the City's sole discretion.

7.1.6 Service Area - The Phone-A-Ride program will provide service within the boundaries of the City of South Gate. Additionally, trips will be provided for medical purposes to the following locations:

Professional Offices, 3100 Florence Ave, Huntington Park, 90255.

Medical Offices, 4566 E Florence Ave, Bell/Cudahy, 90201 Medical Offices, 5101 Florence Ave, Bell / Cudahy, 90201 Medical Offices, 6001 Clara st., Bell Gardens, 90201 Bell Gardens Pharmacy, 7625 Eastern Ave, Bell Gardens, 90201 Davita Premier Dialysis Center, 7612 Atlantic Ave, Cudahy, 90201 Kaiser Permanente, 7825 Atlantic Ave, Cudahy, 90201 Rancho Los Arnigos Medical Center, 7601 E Imperial Highway, Downey, 90242 Medical Offices, 10800 Paramount Blvd., Downey, 90241 Downey Regional Medical Center and associated medical facilities within two blocks Kaiser Permanente, 9333 - 9449 Imperial Highway (Including 12200 Bellflower Blvd), 90242
Kaiser Permanente, 9333 - 9400 Rosecrans Ave & 14371 Clark Ave, Bellflower, 90706 78 Agreement for Transit Services
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Davita Inc, Dialysis Center, 4345 E. Imperial Hwy, Lynwood, 90262 Davita Kidney Dialysis Center, 3600 Martin Luther King Jr. Blvd, Lynwood, 90262 St. Fraricis Hospital, Lynwood, and associated medical facilities within two blocks Martin Luther King Medical Center, 12021 Wilmington, Los Angeles, 90059.

This list may be updated by direction ofDirectorofParks and Recreation with ten (10) days written notice to meet changing transit needs.
7,1.7 Shared Rides - Shared rides, in which more than one passenger is picked up, are encouraged. Companions accompanying an eligible EZTransport card holder and sharing the same pick up point and destination as the EZ Transport card holder shall not be charged a fee. Likewise the contractor shall not bill the City for that companion's ride. In the event an EZTransport cardholder shares a ride or portion of a ride with another EZTransport card holder, the City shall be billed for only one rider during that portion of'the trip where more than one cardholder is in the vehicle. Phone-A-Ride trips may not be shared with non-Phone-A- Ride trips.

7.1.8 Passenger Packages - Passengers traveling from shopping (grocery or otherwise) shall be allowed up to five (5) packages per trip. Drivers are not required to assist passengers with packages, City is not responsible for any lost or damaged packages.

7.1.9 Vehicles - Vehicles will be provided by the Contractor. If not new, vehicles should be in a condition so that they do not exceed the Federal Transit Administration (FTA) approved useful life in terms of miles during the initial term of this Agreement. The City reserves the right to inspect and accept or reject the proposed vehicles. All vehicles shall be fully equipped taxicabs, painted with Fiesta Taxi or 1-800-TAXICAB logo and trade dress, and shall be either (a) fiill-size sedans, minivans and fiill-size vans with a seating capacity of not less than 5 passengers, or (b) minivans modified for wheel chair accessibility, compliarit with all ADA regulations, and equipped with a ramp and not less than two wheelchair tie downs. In order to encourage fuel efficiency, a portion of the fleet may also consist of smaller vehicleswhicharehybridoralternativefueltechnologies. ContractorwillworkwithCitytoassure that appropriately sized vehicles are used on every customer call. All drivers shall be fiilly licensed as required by law.

7.1.10 As part of this Agreement, the Contractor shall be required to maintain availability of ADA accessible vans to provide service within the designated service area at all times. A minimum of twelve (12) wheelchair-accessible minivans shall be operated in South Oate or surrounding communities and shall be licensed for use in the City of South Gate. A minimum of 2 of these vans will be in service and prioritized for service to South Gate non- ambulatory Phone-A-Ride customers at all times between the hours of 8:00am and lO:OOpm weekdays. At least one van will be in service and similarly prioritized for South Gate at all other hours.

7.1.11 The City may set, at its sole discretion, a limit to the 79 Agreement for Transit Services
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maximum amount of trips per month that each patron is allowed under the PAR program. This trip limit may be adjusted for individuals due to justifiable needs or may be changed for all patrons with 10 day's notice by the City. These limits will be managed by the City through the EZ Transit Card system requiring only that the driver verify on each passenger trip by swiping the customers card. Any trips honored by the Contractor or his agents beyond the allotted trips are at the Contractor's sole risk and expense.

7.1.12 The City wants to encourage use of the PAR system to provide seniors with easy access to the Margaret Travis Senior Center located at South Gate Park.

Trips which originate or terminate at the Senior Center will not be counted against the passengers monthly trip limit. Trips to or from the Senior Center will still be charged at $1.00 per trip. In order to encourage ride sharing, passengers who share rides will only be charged $1,00 for all passengers, regardless of the number of stops required to pick up or drop off individual passengers so long as all passengers either begin or end their trip at the Senior Center.

7.2 General Operating Standards

7.2.1 The Contractor shall coordinate, manage, and control all necessary program activities which shall include: operating the services, vehicle maintenance and management personnel; providing driver and other personnel training; developing administrative procedures, performance statistics, and financial records; and developing methods to maximize service efficiency.

7.2.2 The Contractor shall not enter into agreement with any other party for use of equipment or personnel involved in the provision of this service without the approval of the City.

7.2.3 Contractor's Personnel and Subcontractors

7.2.3,1 The Contractor shall be solely responsible
for the satisfactory work performance of all employees, and any of its subcontractors, as such performance was described by the RFP and any other reasonable performance standard that may be established by the City from time to time. The Contractor shall be solely responsible for payment of all employees' wages and benefits, and all subcontractors' costs. Without any additional expense to the City, the Contractor shall comply with the requirements of employee liability, worker's compensation, employment insurance and Social Security. The Contractor shall hold the City harmless from any liability, damages, claims, costs and expenses ofany nahire arising from alleged violations of personnel practices, or any claims asserted by any subcontractor arising from or in any way related to services rendered in connection with this Agreement..

7.2.3.2 Training and performance standards for all
personnel shall be in compliance with those standards and practices outlined in the attached Contractor's proposal. The City may, at its discretion, require additional training practices or standards for the Contractor's personnel if it is found that the proposed practices are not achieving 80 Agreement for Transit Services
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the City's expectations.

7.2.3.3 City shall have the right to demand removal from the program, for reasonable cause, any personnel furnished by the Contractor. The City must be notified promptly of new hires or reassignments of program personnel or sub-contractors.

7.2.4 Vehicle Operators

7.2.4.1 Vehicle operators shall work on a schedule
that will ensure a consistent and overall high quality of senice. Bus (11 passenger or greater) operators must have at least a valid California Class II or Class B (with appropriate endorsements) Driver's License and Medical Examination Certificate, as well as, any other licenses required by applicable federal, state and local regulations. All taxi operators must have a valid South Gate Taxicab Driver's Permit including criminal background check and a valid California C]ass C Driver's License. All vehicle operators must meet the minimum standards listed below.

Contractor shall comply with the hiring standards listed in their proposal including their background check policies and procedures,
* Not have been convicted of any felony or of a misdemeanor involving dishonesty, theft, vandalism, violence or moral turpitude. Background checks must include submittal of fingerprints to the Department of Justice. * Not have been convicted of driving while intoxicated or under the influence of controlled substances within the preceding five years, or not have criminal charges pending for an offense for driving while intoxicated or urider the influence of controlled substances.
@ Not be addicted to the use of alcohol or controlled substances. * Not be subject to outstanding warrants for arrest. * Able to read, write and speak English. Bilingual skills in Spanish are highly desirable.
* Thorough knowledge of the service area street network. * Sensitivity to passengers' needs, including assisting passengers, upon their request.
* Able to handle complaints and problems as required.

7.2.4.2 Vehicle operators must be trained in all
operational procedures relating to the system. Training must include techniques for dealing with the public in a helpful and courteous manner, basic information about the route and the City of South Gate, and sensitivity and empathy training directed towards the needs of elderly and disabled passengers, in compliance with the Americans with Disabilities Act.

7.2.4.3 Vehicle operators shall be trained to operate all types of vehicles, wheelchair lifts, ramps, and securement systems, as well as, other equipment which they may be expected to use in the Phone-A-Ride services. This requirement pertains to all 81 Agreement for Transit Services
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vehicle operators, both regularly assigned and relief vehicle operators.

7.2.4,4 While performing their duties, vehicle
operators must maintain a clean and neat appearance and must be in a uniform acceptable to the City. Uniform shall include both shirt/blouse and slacks. Operators shall wear name tags clearly displaying their names while performing their duties. While jackets and hats are not required, they should, if worn, match the uniform, and jackets should display the drivers' name tag.

7.2.4.5 The Contractor shall conduct
pre-employmentDMV (Depaitment ofMotor Vehicles) checks of all personnel hired or contracted for service and shall join the California D?MV Pull Notice Program, whereby the Contractor shall be notified of any activity on a vehicle operator's driving record. Any operator exceeding the CaliforniaDMV point system or with arevoked or suspended license will not be allowed to operate the City's service. C,ontractor shall notify the City of the results of these checks and whatever corrective actions taken, if any.

7.2.5 Maintenance Staff - Contractor shall supply a sufficient number of properly qualified personnel to maintain and senice all Contractor-provided equipment used for the City's service. Contractor shall ensure all mechanics are properly trained in the operation and maintenance of the vehicles and equipment specified in the scope of the program.

Contractor shall provide mechanics with ongoing training in order to keep abreast of new maintenance techniques and equipment.

7.2.6 Dispatching and Service Information Personnel - Contractor shall have capable and courteous personnel who are responsible for taking Phone-A-Ride requests and responding to telephone inquiries regarding transportation services. At least one bilingual (Spanish) dispatcher will be available during normal service hours with the ability to transfer calls to this dispatcher as needed.

7.2.7 Vehicles/Equipment

7.2.7.1 Contractor will insure that an ADA
accessible vehicle will be dispatched to all calls that require ADA accessibility.

7.2.7.2 All vehicles and vehicle equipment required by this RFP shall be maintained by the Contractor in good repair and in a condition satisfactory to the City. Contractor shall assume all responsibility for the proper maintenance of the vehicles.

Maintenancerecordsforeachvehiclewillbemaintainedforaperiodof3 yearsbeyondtermination of this contract and must be provided to the City on demand.

7.2.7.3 A preventative maintenance program must
be established in accordance with the attached Contractor's proposal. Each vehicle must receive a daily pre-trip inspection by the operator prior to being placed in service. Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure 16 82
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safe and proper operating condition ofvehicles. Preventive maintenance inspections and servicing shall occur not less than every 3,000 miles or thirty days, whichever is less. A record of all such inspections shall be kept by Contractor and made available to the City. 7,2,7.4 Inspection of each vehicle shall be
completed after its daily service to ensure all lights are fiinctioning, all seating is secure and that all tires, wheels, Jugs, air brake systems (if applicable), wheelchair lifts and exit doors are in proper operating condition.

7.2.8 Applicable Codes and Regulations

7.2.8.I All vehicles used for South Gate services
shall be safe for operation on public streets and meet all the appropriate requirements in the California Vehicle Code. All parts of the vehicle and all equipment mounted on or in the vehicle shall conform to the Federal Vehicle Safety Standards and the California Code ofRegulation, Title

13. Particular attention shall be directed to the California Highway Patrol Motor Carrier Safety Regulations.
comply with the DMV Pull Notice Program.

7.2.8.2 The Contractor shall participate in and

7.2.8.3 Contractor shall pay for all applicable
license fees for drivers, other personnel and vehicles.

7.2.9 Vehicle Maintenance

7.2.9.1 The Contractor shall provide and maintain
appropriate vehicle storage and maintenance facilities for the garaging and servicing of the vehicles and vehicle equipment. Such facilities will be subject to inspection by the City.

7.2.9.2 At all times, the Contractor shall maintain
all components of each vehicle including its body, frame, wheechair lift, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and malfunction. The Contractor shall replace and repair immediately any vehicle damaged in any accident or otherwise damaged which impairs the proper and safe mechanical operation of the vehicle.

7.2.9,3 Recognizing that the safety of the
passengers is paramount, the Contractor's maintenance staff shall not:

Install mismatched tires.

Perform partial brake relines without determining the cause of abnormal or premature wear.

Allow tires to wear more than 3/32 tread depth.

Replace a dead battery without testing charging system to ensure the battery will not go dead 83 Agreement for Transit Services
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due to system malfunction.

5. Pail to ensure on a daily basis that each vehicle is in proper condition to pass all scheduled and unscheduled inspections.

6. Allow any reported wear item to go un-repaired that would not hold up until the next scheduled inspection. The emphasis must be on preventing breakdowns.

7.2.9.4 The Contractor, at its sole cost and expense, shall maintain stores of and provide lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services.

7.2.9.5 Vehicles must be kept clean including
exterior washing at least once weekly and after every rain, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris, All graffiti must be removed each day so that no vehicle leaves the storage facility with any graffiti. Etching on windows must be removed and replaced as soon as practical but no later than one month.

7.2.9.6 Contractor shall maintain an individual file for each revenue vehicle to include date of action and all preventive maintenance functions including warranty work and any other pertinent maintenance data, including but not limited to fiiel, lubricants and other fluid use.

7.2,9.7 The Contractor shall dispatch a spare
vehicle in the event of a vehicle breakdown. The maximum allowable response time from the moment a trouble call is received until a substitute vehicle arrives will be no more than 20 minutes. 7,2,9.8 The Contractor shall install a two-way radio communications system for the Phone-A-Ride vehicles that will allow for the timely and efficient dispatching, coordinating and responding to service calls, The system may be of the Contractor's choice. The radio communication system must cover the routes of service, storage and maintenance facilities and the dispatch location without dead spots. Each revenue service vehicle as well as each administrative vehicle shall have a receiver/transmitter installed and operational.

In addition, one hand-held mobile unit with a charger or fixed base station shall be provided for the City, for the purpose of providing communications between the dispatch office and revenue service vehicles during emergencies. Contractor shall be responsible for maintenance of the radio equipment to keep it in good operating condition, and must comply with all applicable federal statutes and regulations in connection with its use,

7.2.9.9 The Contractor shall notify the City of all accidents, both by telephone (within one hour) and in writing (by the close of the next business day).

7.2.10 0perational Emergencies

7.2.10.1 The Contractor shall be responsible for the 84 Agreement for Transit Services
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enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. Contractor shal be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following:
1, Hazardous Conditions - Vehicle operators shall report all hazardous road conditions (i.e., downed trees, missing bus signs, graffiti on bus benches, malfiinctioning signals, etc.) in the City to the Contractor's supervisor. Contractor, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel.

2. In-Service Vehicle Failures - Contractor shall require the vehicle operators to report any in- service vehicle failure to the Contractor's supervisor. The supenisor will attempt to ascertain the problem, use goodjudgment, and instructthe vehicle operatorto take appropriate corrective action.

If necessary, the supervisor will immediately send a spare vehicle to the location and the operator and passengers will change vehicle and continue in service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City immediately and not later than the start of the next service day.

3. Wheelchair Lift Failure - Contractor shall be responsible for the proper operation and maintenance of all wheelchair lifts. Contractor shall require vehicle operators to report all in-service lift failures to the Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for alternate transportation for the passengerinthewheelchairinconveniencedbytheliftbreakdown. Iftheliftfailswhileattempting discharge of a wheelchair passenger, the operator shall manually operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift failure. Contractor shall report all in-service lift failures to the City no later than the start of the next service day.

4. Passenger Disturbances - Contractor shall instruct vehicle operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the vehicle operator's supervisor or dispatcher. The supervisor shall use good judgment in handling the passenger disturbance by appraising the situation, issuing appropriate instructions to the operator and request law enforcement assistance if necessary.

5. Medical Assistance to Passengers - Contractor's employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the vehicle operator shall immediately advise the Contractor's supervisor by radio of the situation and location of the vehicle, and the supervisor shall notify the County Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later than the start of the next service day.

6. Accidents - Contractor shall require all vehicle operators to report any accident or incident 19 85
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involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgment in handling the situation, and shall immediately notify police or fire department if necessary. The supervisor shall report all accidents to City by telephone immediately. Both the operator and supervisor will complete an accident report approved by City with copy to the City no later than the start of the next service day. The Contractor shall submit all accident-related reports to the DMV as required.

7.2.11 Management - The Contractor shall be responsible for program management according to specified operating procedures. The City may establish additional requirements which are reasonable for operation of this service after corisultation with the Contractor. Further, the Contractor shall work closely with City staff in scheduling and management of resources to ensure the most cost-effective operation while maintain customer service performance standards.

7.2.12 0perating Performance Standards and Penalties - The Contractor shall operate vehicles with due regard for the safety, comfort and convenience of passengers and the general public. To ensure thatthe Contractor's operation meets all requirements of the City, the City will set performance standards for its services. Contractor and the City shall meet periodically to evaluate performance of the system based upon these standards. If the standards are not fulfilling their intended purpose, they will be adjusted based upon recommendations made by Contractor with the concurrence and final decision by the City. Should it be found that the Contractor's performance has contributed to Contractor's failure to achieve these standards, Contractor shall take all reasonable actions requested by the City to correct deficiencies in performance, Should deficiencies persist, the City may assess liquidated damages.

All liquidated damages assessed against the Contractor will be deducted from the monthly invoices by the same amount. The City's Director of Parks and Recreation shall maintain the right to assess liquidated damages against the Contractor, as set forth herein, based on the Contractor's failure to meet the established standards. Circumstances beyond the control of the Contractor, causing the Contractor to fail to comply with the stated performance requirement, will be considered as just causeonthepartoftheCitynottoassessliquidateddamagesagainsttheContractor. Thefollowing examples are to establish a standard for common causes of liquidated damages and are in no way intended to limit the ability of the Director of Parks & Recreation to assess liquidated damages for other causes or at different levels based upon the specific circumstances of each occurrence.

7.2.l2.lComplaints - All complaints, whether
received by the City or Contractor, shall be responded to by the Contractor within one week ofthe Contractor's receipt of the complaint, either written or verbal. The response shall be in writing and shall specifically address the complaint and explain the reason for the events which precipitated the complaint. A copy of each letter sent by the contractor responding to the complaints shall be sent to the City of South Gate.

The City and Contractor shall investigate and document all complaints or citizen concerns as part of program administration by collecting and sharing as much pertinent information regarding the complaintandthecircumstancessurroundingthecomplaint. TheContractorshallprovidetheCity 20 86
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with appropriate documentation and justification on all complaints that Contractor feels are unwarranted or that have extenuating circumstances. The City shall determine appropriate actions to be taken as a result of complaints with the cooperation of the Contractor.

7.2.l2.2Customer service is very important in
building ridership and support for this service. Service should be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required as a result of special events or a declared emergency. Contractor shall not be held responsible for the failure to provide on time service due to weather, unavoidable vehicle malfiinctions, and/or naturally occurring disasters.

7.2.l2.3The following specific applications are
designed to establish common situations which may result in liquidated damages being assessed and the amount of those damages. These examples are in no way intended to limit the ability of the City to assess damages as determined to be appropriate in any actual situation:
a. All service complaints including, but not limited to; missed pick-ups, late pick-ups (more than 25 minutes past the scheduled pick up time), inappropriate advertising or graffiti, and rude behavior (including asking for or demanding tips), whether written or verbal, shall be reported to the City. If the City receives five (5) or more verified service complaints during any calendar month, the City may assess $1,000 in liquidated damages to be deducted from the next month's invoice. In the event of such assessment, the City must notify the Contractor in writing of their intent to assesS such penalty and request that the Contractor reduce their invoice by the penalty amount.
b. A missed pick up is defined as failure to pick up a client even though the client has requested service and the Contractor has agreed to provide service at a mutually agreed upon time and place, The City will allow the Contractor to miss no more than two pick-ups in any calendar month. The City may assess $250 in liquidated damages for every missed pickup in excess of two in any calendar month to be deducted from the next month's invoice. In the event of such assessment, the City must notify the Contractor in writing of their intent to asseSS such penalty and request that the Contractor reduce their invoice by the penalty amount. c. The Contractor shall maintain satisfactory Califomia Highway Patrol (CHP) terminal inspection throughout the life of the contract (proof of CHP certification is required). If the Contractor receives an unsatisfactory rating from the CHP, the Contractor shall notify the City immediately and state what is being done to correct the deficiency.

The City reserves the right, at its sole discretion, to inspect and reject temporarily or permanently by notice to the Contractor, any vehicle the Contractor utilizes which the City deems unacceptable.

In the event any revenue vehicle is rejected permanently by the City as a result of the vehicle's conditions, Contractor shall replace the vehicle with one that is acceptable to the City. Contractor shall be responsible for liquidated damages of $500 per day for service interniptions due to inadequate vehicles available.
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d. If any regulatory agency or funding source penalizes the City for late, incomplete or inaccurate data which was the Contractor's responsibility to collect and/or provide to the City, the liquidated damages shall be the amount ofthe penalty and any administrative costs incurred by the City.

7.2.13 Contractor must have sufficient telephone lines to handle the additional calls from South Gate residents. Contractor shall provide a Customer Service telephone line which shall be a toll-free call from anywhere within the City of South Gate, to provide information and take Phone-A-Ride senice requests. One TDD phone must also be provided for persons with hearing impairments. All personnel should be trained to respond accurately and professionally. All comments and complaints shall be received by the City and Jogged on a mutually agreed upon complaint fomi and referred to the Contractor who shall respond the next working day with a description of any follow-up action taken or anticipated. Contractor must have a facsimile machine compatible with the City's and email capabilities.

7.2.14 TheCitymayrequestandrequiretheContractor'sassistance in applying for grants and funding opporhinities to support or improve this service program, Unless otherwise stipulated or required by the granting agency, all funds received from grants received, National Transit Database (NTD) subsidy and other sources forthe purpose ofsupporting or supplementing this program become property of the City, who, at its sole discretion, shall determine how best to use those fiinds.

7.2.15 Advertising on Vehicles - The City shall retain final authority over the types of advertising and specific ads that are acceptable on vehicles assigned to this program, For taxi cabs that are not dedicated to South Gate Phone-A-Ride service, but which may provide service to this program, Contractor warrants and represents that it will not use any a taxi cab which carries any advertising that is for "adult oriented" businesses. Contractor acknowledgesthatthese warrants and representations constitute amaterial term ofthis Agreement, and that a failure to comply with such warrants and representations shall be a basis for disciplinary warnings and actions, including suspension or termination, in whole or in part, of this Agreement, intheCity'ssolediscretion. TheCityshallhavetherighttoobjecttothecontentofanyadvertising carried on Fiesta's taxicabs providing service to the South Gate Phone-A-Ride program. In the event that the City makes such an objection, Fiesta agrees to remove vehicles with that particular advertising from service under the program until the advertising copy has been changed.

Contractor also agrees to comply with any local, State or Federal ordinance or law relating to or governing limitations on advertising appearing on taxi cabs operating within City limits.

7.2.16 Program Operational Records - Records and reports should be consistent with all National Transit Database (NTD) requirements, as well as all other reporting required by the Los Angeles County Metropolitan Transportation Authority (Metro). In addition, the City of South Gate may be required to provide statistical information in order to comply with other grant and legislative requirements. The City will use the information requested in this section to monitor and evaluate the productivity of the service. Information must be submitted to the City 22 88
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according to the reporting schedule to be established by the City. All reports shall be submitted to the City in a format approved by the City. The Program Manager will prepare and submit to the City, with appropriate back-up, no later than the tenth calendar day of each month, a summary report of operations for the service which will include at least:

7.2.16.1 Daily totals of passenger counts, revenue hours, total hours, revenue miles, total miles, farebox revenue, passengertypes any other operating data collected, documenting any discrepancies in the reported number of passengers carried and the amount of fares collected by the operator.

7.2.16.2 Passenger pick-up and drop-off times and
locations for the Phone-A-Ride service.

7.2.16.3 0perational problems, accidents, incidents and passenger complaints and any actions taken regarding these events. Passenger complaints related to safety or serious operational deficiencies shall be reported by phone to the City no later than the next working day following Contractor's receipt of the complaint.

7.2.17 Resultsofdocutnentationmayindicatetheneedforchanges in the level of service or in operational or routing modifications. The provider shall cooperate with the City to improve the transportation operation and maintain flexibility so that service modifications may be implemented quickly.

7.2.18 City Access to Records - The City, or any of its duly authorized representatives, upon reasonable written notice, shall have access, for the purpose of audit and investigation, to any and all original books, documents, papers and records of the Contractor which pertains to the contract. Said original books, documents, papers and records must be retained by the Contractor in the Southern Califomia Region for three years following final payment under the contract.

7.2.19 Marketing/Public Outreach

7.2.19.1 The City shall be responsible for
public relations as well as the production of schedules and marketing and other promotional materials.

7.2.19.2 Contractor must refer all media
requests to the City and may not provide any information without prior approval by the City.

7.2.19.3 Contractor shall cause drivers and
supervisors to cooperate and comply with reasonable requests by the City to distribute notices, schedules or other promotional materials to passengers in connection with the services provided. 'The City may also request the Contractor's personnel to collect data from passengers by handing out survey forms.
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7.2.19.4 TheContractorshallparticipateinthe
City's special events as requested by the City. These events may require the Contractor to display service vehicle; in addition to providing manpower for a display booth for distributing brochures regarding the City's transit services.

7.2.19.5 To prevent any real or perceived
potential conflict of interest, an abuse or otherwise improper use of the Phone-A-Ride Program, and/or the submission of inaccurate invoices by the Contractor to the City, Contractor shall not provide monetary compensation or other benefits and incentives to its employees or subcontractors, directly or indirectly, to encourage ridership of persons who are not othetwise eligible and authorized participants for the Phone-A-Ride program.

7.2.20 0perating During a Declared Emergency

7.2.20.1 Upon declaration of any emergency
by the City Manager or his designated representative, the Contractor may be responsible for a number of transportation-related activities, including the development of emergency travel routes, and the coordination with other agencies supplying common carrier services. In the event of a declared emergency, the Contractor shall make available all program vehicles to the City, report to a designated City parking area immediately and deploy vehicles in a manner described by the Director of Public Works or his designee as part of the City's Emergency Response Plan.

7.2.20.2 The City shall be obligated to
compensate the Contractor for services which significantly exceeds the nomial expense of operating the service during such period of declared emergency. The Contractor shall be required to document and maintain all emergency-related services as requested by the City and provide these documents to the City at the declared conclusion of the emergency.

8.O Federal Transportation Authority (FTA) Compliance Language

8.1 In the event that any or all of this agreement may be paid for using Federal Transportation funds provided directly by the FTA or as a pass through by another agency with funding originating from the FTA, the following requirements will be required. In the event that federal funding is used to pay for all or part of this project and any part of this section is found to be in conflict with any other section within this agreement, the terms and wording in this section will prevail.
8,2 Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron,.and manufactured products used in FTA-fiinded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 u.s.c. 5323(j)(2)(C) and 49 24 90
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C.F.R, 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

8.3 Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e,, it must not interfere with or detract from the provision of mass transportation.
8,4 School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.

8.5 Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

8.6 Clean Water -

8.6.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U,S,C. 1251 et seq, The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

8.6.2 The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in partwith Federal assistance provided by FTA.

8.7 Anti-Lobbying - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
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APPENDIX A, 49 CFR PART 20-CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractorl certifies, to the best of his or her knomedge and belief, that:
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the maklng of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection mth this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government mde Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codifled at 2 LI.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disc!ose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31, u.s.c. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 LI.S.C. § "l 352(c%l)-(2%A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and dlsclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 u.s.c. A 3801, et seq., apply to this certification and disclosure, if any.

Siqnature of Contractor's Authorized Official
Name and Title of Contractols Authorized Official
Date

8.8 Access to Records - The following access to records requirements apply to this Contract:

8.8.1 Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 26 92
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l 8.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F, R, 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

8.8.2 Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and constnuction sites pertaining to a major capital project, defined at 49 U.S.C, 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000,

8.8.3 Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

8.8.4 Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 u.s.c. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

8.8.5 TheContractoragreestopermitanyoftheforegoingparties to reproduce by any means whatsoever orto copy excerpts and transcriptions as reasonablyneeded.

8.8.6 The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of al such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11),
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8.8.7 FTA does not require the inclusion of these requirements in subcontracts.

8.9 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach ofthis contract.

8.10 Clean Air -

8.10.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 ti.s,c. §§ 7401. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

8.10,2 The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA,

8.11 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

8.12 NoObligationbytheFederalGovernment.
8,12.1 The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award ofthe underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

8.12.2 The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is fiirther agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

8.12.3 Program Fraud and False or Fraudulent Statements or Related Acts.

8.12.4 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S.

DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions 28 94
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pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Governrnent reserves the right to impose the penalties ofthe Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Governrnent deems appropriate 8,12.5 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 tr.s.c. g 5307, the Government reserves the right to impose the penalties of 18 tr.s.c. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

8.12.6 The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

8.13 Suspension and Debarment - This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies a,v follows:

The certification in this clause is a material representation offact relied xpon by {insertagencyname}. Ifitislaterdeterminedthatthebidderorproposerknowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue mailable remedies, including but not limited to suspemion and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is validand throughout the period of any contract that may arise from this offer. The bidder or proposer fiirther agrees to include a prosiision requiring such compliance in its lower tier covered trarisactions.

8.14 Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
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8.14.1 The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

8.14.2 The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

8.15 Civil Rights The following requirements apply to the underlying contract:
(l) Nondiscriminatxon - In accordance with Title VI of the Civil Rights Act, as amended, 42 u.s.c. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 ti.s.c. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 u.s.c, § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opporhinity - The following equal employment opportunity requirements apply to the underlying contract:
(al Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (u.s. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.

Parts 60 et sy;l., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opporhinity," 42 tr.s.c. g 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or temiination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) %y - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the 30 96
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Contractor agrees to refrain from discrimination against present and prospective employees for reason of age, In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U,S,C, § 12112, the Contractor agrees that it will complywith the requirements of tr.s. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply withaany implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
8,16 Disputes-DisputesarisingintheperformanceofthisContractwhichare not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or othemise furnishes a written appeal to the City Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.

8.16.1 PerfoimanceDuringDispute-UnlessotherwisedirectedbyCity, Contractor shall 6ontinue performance under this Contract while matters in dispute are being resolved. Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. 8,16,2 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any ofhis employees, agents or others forwhose acts he is legally liable, a caim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

8.16.3 Unless this contract provides othemise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located.

8.16.4 The duties and obligations imposed by the Contract Documents and the rights and rennedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law, No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

8.17 Transit Employee Protective Act - The Contractor agrees to the comply with applicable transit employee protective requirements as follows:
97 Agreement for Transit Services
Fiesta Taxi

(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the u.s. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C, A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter o'f certification from the U.S. DOL to FI'A applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract, The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter, The requirements of this subsection (l), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S,C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Proiects Authorized by 49 U.S.C. - e) 5310(al(21 for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the u.s. Secretary of Transportation has determined or detemiines in the fuhire that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C,F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.

8.18 Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistarrce Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) islO%. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall catry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor 32 98
Agreement for Transit Services
Fiesta Taxi

to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR26.13(b)).
c. Contractor will be required to report its DBE participation obtainedthrough race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City. In addition, the contractor may not hold retainage from its subcontractors.
e. The contractor must promptly notify City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City,

8.19 Incorporation Of Federal Transit Administration (Fta) Terms -4FTA has developed the following incorporation of terms language- The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.
8,20 Dnig and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (inserttitle and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
33 99
Agreement for Transit Services
Fiesta Taxi

This Agreement is executed on this 13th day of March 2018, at South Gate, Califomia, and is effective as of July 1, 2018.

City OF SOUTH GATE:
116s/;)
ATTEST:

Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:

F. Salinas, City Attorney
FIESTA TA)a COOPF,RATIVE, INC:

Marco A. Soto, Director of Operations
4Date
34100
Item No. 6
CITYMANAGER'S OFflCE
FE!j21 2')23
C'Uy of South Gate

CITY COUNCIL
tta.ax.,-AGENDA BI[LL
For the Regular Meeting of: February 28, 2023
Ori g ent: Public Works
DepartmentDirector:11,/ 17 CityManager:
o Cerv es i' isregers
SUBJECT: AGREEMENT AND CHANGE ORDER NO. I WITH SEQUEL CONTRACTORS, INC., FOR THE CONSTRUCTION OF THE GARFIELD AVENUE COMPLETE STREET PROJECT, CITY PROJECT N0. 564-ST
PURPOSE: To award an Agreement and Change Order No. 1 to Sequel Contractors, Inc., ("Sequer') for the construction of the Garfield Avenue Complete Street Project ("Project"). The Project was competitively bid, and Sequel submitted the lowest responsible and responsive bid.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Sequel Contractors, Inc. ("Agreement"), for the construction of Garfield Avenue Complete Street Project, City Project No. 564-ST, in an amount not-to-exceed $5,052,943, which is inclusive of the $2,793,750 Base Bid and $2,259,193 Additive Alternate No. I ;
b. Approving Change Order No. I to reduce the concrete quantities from 62,200 SF to 20,000 SF which will be replaced with irigation and landscape improvements that are a part of the scope of work for Additive Alternate No. 1, for a total contract reduction atnount of $548,600;
c, Appropriating $600,000 in Measure W Funds from the fund balance to the Garfield Avenue Complete Street Project, City Project No. 564-ST; d. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $500,000 to avoid delaying construction if change order work is needed;
e. 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;
f. Declaring the Garfield Avenue Complete Street Project, City Project No. 564-ST Categorically Exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA"); g, Approving the Notice of Exemption for the construction of the Garfield Avenue Complete Street Project, City Project No. 564-ST, and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office; and h. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
1 101
FISCAL IMPACT: There is no impact to the General Fund. The proposed Agreement is in the amount of $5052,943. Change Order No. I will reduce the contract amount by $548,600 for a revised contract amount of $4,504,343. The proposed appropriation is in the amount of $600,000 in Measure W Funds. The Agreement and $6,551,700 budget are proposed to be funded as summarized below.

HSIPL ATPL Measure M Prop C
Measure
w TDA Road
Mitigation
Total
Budget
Design Phase $243,000 $124,000 $239,261 $606,261
Design
Contingency $169,486 $169,486
Construction
Contract and
Change Order
No. 1
$1,100,000 $536,000 $628,323 $1,520,000 $400,000 $195,000 $125,020 $4,504,343 Construction
Contingencies $30,130 $200,000 $269,870 $500,000
Construction
Management $166,500 $454,097 $620,597
Construction
Support $100,000 $100,000
Other Costs $51,013 $51,013
Total Project
Costs $1,539,630 $660,000 $1,037,070 $1,520,000 $600,000 $195,000 $1,000,000 $6,551,700 The project includes improvements in the City of Downey since a short segment of Garfield Avenue is in Downey. As such, the City of Downey will be reimbursing the City approximately $282,000 for the total cost of the improvements in Downey.

ANALYSIS: The proposed Agreement was procured through a competitive bid process. The bid documents required a Base Bid and three Additive Alternate Bids. The lowest bidder was required to be determined based on the lowest amount of the Base Bid. Based on this requirement, Sequel submitted the lowest responsible and responsive bid. The bid analysis is included in Attachment "A."
The bid strategy advertised for construction bids included a Base Bid and three "Additive Alternates" because the desired improvements exceeded the project's budget for construction.

The engineer's estimate was $5,941,519 for the Base Bid and three Additive Alternate Bids; however, the construction cost based on the low bidder was $7,731,891. The Additive Alternates provided an opportunity to obtain bids for improvements that are not required to be included in the proposed Agreement. In consideration of the bids received, the project budget and the availability of Measure W funding, staff is recornrnending that the proposed Agreement include the Base Bid and Additive Alternate No. 1 and exclude Additive Alternate Nos. 2 and 3.

Additive Alternate No. 2 included two bus shelters that were proposed on Firestone Boulevard at the southeast corner and at the northwest corner of Garfield Avenue and Firestone Boulevard.

The bid for each bus shelter received was $303,500 which is not cost effective and exceeds the project budget. Additive Alternate No. 3 included road pavement rehabilitation and concrete improvements. The bid received was $2,375,448 which exceeds the project budget. Further, 2 102
staff is not recommending including the pavement rehabilitation because it is not essential for Garfield Avenue. In 2021, Garfield Avenue was resurfaced from Howery Avenue to Jefferson Street. Also, in 2006, Garfield Avenue was resurfaced from Firestone Boulevard to Meadow Road. The pavement is in acceptable condition. According to the 2020 Pavement Management System, which is the City's study and evaluation of road pavements, Garfield Avenue had an average pavement condition of 75 between Firestone Blvd and Howrey Avenue, which represents it is in good condition. As such, while it was desirable to resurface the roadway at the time that major projects are implemented, it is not essential at this time.

The table below includes the bid strategy with respective improvements, engineer's estimates and the bid received from the low bidder.

Proposed Improvements Engineers
Estimate Bid Amount
Base Bid
(Grant
Funded)
Bike lanes and amenities, raised landscape medians, pedestrian flashing beacons at Garfield Avenue north of Southern Avenue, Garfield Avenue at Roosevelt Avenue and Garfield Avenue at Harding Avenue, sidewalk, curb & gutter repairs, ADA repairs and enhanced crosswalks $2,502,420 $2,793,750
AA No. I Irrigation and landscaping, from Southern Avenue to south of Gardendale Street
$800,692 $2,259,193
AA No. 2 2 Bus Shelters $73,468 $303,500
AA No. 3 Roadway Resurfacing from south of Firestone Boulevard to Jefferson Street $2,564,939 $2,375,448 Total $5,941,519 $7,731,891
Change Order No. 1 is a requirement to award both the Base Bid improvements and Additive Alternate No. l Improvements. The Base Bid proposes over 62K SF of concrete improvements for the raised landscape medians; however, Additive Alternate No. 1 proposes over 42K SF landscaping and irrigation for the medians. Since the proposal is to include Additive Alternate No. 1 in the Agreement, then the median concrete improvements may be reduced to 20K SF, which results in a contract reduction of $548,600.

BACKGROUND: The Project is budgeted in the CIP. The improvements proposed include bicycle lanes on, (1) Garfield Avenue from Firestone Boulevard to Harding Avenue, (2) Gardendale Street between Garfield Avenue and the Los Angeles River, and (3) Frontage Road from Southern Avenue to Miller Way and back to end of west Frontage Road. The project improvements include bike lanes and amenities, sharrows, raised landscape medians with drought tolerant plants and trees, ADA improvements, sidewalk repairs, signing and striping, storm water mitigation improvements, new crosswalks with flashing beacons, and new curbs and gutters.

The proposed contract includes the Base Bid and Additive Alternate No. 1. In selecting to include the additive alternate, there are improvements in the Base Bid that are no longer necessary. Mainly the Base Bid includes constructing road medians and proposed to fill the medians with concrete. Additive Alternate No. 1, however, proposes to install landscape and irrigation improvements in the road medians. Since the additive alternate will be awarded, due to the favorable bids, the majority of concrete improvements proposed for the medians are not necessary. Other improvements not necessary include cold milling, roadway pavement, bus shelters and roadway striping.
3 103
On December 22, 2022, staff advertised the Notice Inviting Bids for construction in the Daily Journal. The Project was also advertised on the City's website and Ebidboard. On January 26, 2023, the City held a bid opening at the City Clerk's office. Four (4) bids were received as summarized below. The $3,338,750 is the engineer's estimate. After completion of the bid analysis, Sequel was confirmed to be the lowest responsible bidder and its bid was confirmed to be responsive.

Contractor Base Bid
Additive Alternate Bids (AAB) Total
Base Bid
plus
AAB No. 1
No. 1 No. 2 No. 3 Total
Sequel Contractors, Inc $2,793,750 $2,259,193 $303,500 $2,375,448 $7,731,891 $5,052,943 Hardy and Harper $3,300,000 $2,675,000 $330,000 $3,220,000 $9,525,000 $5,975,000 Excel Paving $3,635,300 $1,449,880 $319,300 $2,489,849 $7,894,329 $5,085,180 Sully-Miller Contracting $4,411,190 $2,523,883 $515,600 $2,812,367 $10,263,040 $6,935,073 Sequel is based in Santa Fe Springs, California. It has been in business for over thirty years. Staff contacted listed references and received positive commentary. The company has the capacity and experience to perform the work required under the bid solicitation. Further, Sequel has experience working for the City. They constructed the street improvements recently completed on Garfield Ave, Imperial Highway and the Firestone/Otis intersection.

Garfield Avenue spans the City limits in the north-south direction. However, a small segment of Garfield Avenue is in the City of Downey from south of Garfield Place to Gardendale Street.

The project includes improvements within that segment which include sidewalk repair, new curbs and gutters, parkway bioswale, bicycle lanes and striping. Staff is working with the City of Downey to prepare a Memorandum of Understanding so that they may reimburse the City of South Gate for the proposed improvements.

Pursuant to the guidelines of the California Environmental Quality Act ("CEQA"), this Project is categorically exempt under Title 14 of the California Code of Regulations, Section 15302, Class 2 exemption for minor alteration to Land, which was filed with the County Clerk/Registrar- Recorder, County of Los Angeles on May 23, 2022.

Construction is scheduled to begin in April 2023 and scheduled for completion in November 2023.

ATT ACHMENTS:

ES:lc
Proposed Agreement
Location Map
Bid Schedule
Notice of Exemption
Budget Summary
4 104

AGREEMENT FOR GARFIELD AVENUE COMPLETE STREET
IMPROVEMENT PROJECT, CITY PROJECT N0. 564-ST, BETWEEN THE CITY OF SOUTH GATE AND SEQUEL CONTRACTORS, INC.

This Agreement for the Garfield Avenue Complete Street Improvement Project, City Project No. 564-ST ("Agreement"), is made and entered into on February 28, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Sequel Contractors, Inc., a California corporation, License No. 610600 ("Contractor"). City and Contractor are sometimes hereina'Jter individually referred to as a "Party" and collectively referred to as "Parties." The City and the Contractor hereto mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with City to perform and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. = which involves the Garfield Avenue Complete Street Improvement Project, City Project No. 564-ST.

Said work shall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though :tully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefore, the contract sum of Five Million Fifty-Two Thousand Nine Hundred Forty-Three Dollars ($5,052,943) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 105

ARTICLE III

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire Agreement between the City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, the Accepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractor's Industrial Safety Record, the Contractors Qualification Statement, the Bid Security Forms for Check or Bond, this Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. These form the entire "Contract", and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indemnified Parties"), from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinabove including, but not be limited to, paying all legal fees and costs incurred in coru'iection with any such claims, losses, lawsuits or actions. THIS

PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE

PROVIDED UNDER THIS AGREEMENT AND THE OTHER CONTRACT DOCUMENTS

ARTICLE V

COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES
Contractor shall commence work on a date to be specified in a written Notice to Proceed from the City's Director of Public Works and shall complete all work within One Hundred and Sixty Eight (168) working days therea'Jter (subject to "force majeure" delays, if any, to the extent allowed under the Contract Documents). If the work is not completed within that time, Contractor shall owe and pay to the City liquidated damages in the amount or amounts set forth in the Contract Documents.
106

ARTICLE VI

EFFECTIVE DATE
This Agreement shall become effective and cornrnence on February 28, 2023.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

F. Salinas, City Attorney
SEQUEL CONTRACTORS, INC.

BY:

Thomas Pack, President
Dated:
107

WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 AND 1861.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before comrnencing the performance of the work of this Contract.

DATED:

SEQUEL CONTRACTORS,
Contractor
INC.

BY:

Thomas Pack
President
Title
ATTEST:

By:

Signature
Title
108

INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:

The insurance certificate must be issued to the City of South Gate, 8650 California Avenue, South Gate, CA 90280, attention of the City Engineer.

The City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents must be shown as additional insured per ISO CG 20 101185, and separate endorsement signed by an authorized representative of the insurance company is required.

The City has the right to request a copy of complete insurance policy including all endorsements and certificates.

The Certificate must include cross liability coverage either included in the Commercial General Liability coverage, and so indicate on the face of the Certificate under that heading or by separate endorsement.

The Certificate should also indicate that the insurance covers "All Operations" or should specify the particular services to be provided.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property whichmay arise from or in coru'iection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for "all risks" of loss. Earthquake and flood insurance is not required to be :turnished by the Contractor. 109
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and the location where work thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project that is the subject of this Agreement.

Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.

2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. /O 110
Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Verification of Coverage
Contractor shall furnish the City with original certificates and arnendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insurers under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Indemnification
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City of South Gate), the City of South Gate, the City of South Gate Housing Authority, their consultants and sub-consultants, and their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, corporations or other entities furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or other entity, or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the City of South Gate, the City of South Gate Housing Authority, their consultants, sub-consultants, and other parties listed above, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, the City of South Gate Housing Authority, consultants and sub-consultants in connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED

UNDER THIS AGREEMENT
111

GARFIELD AVENUE COMPLETE STREET IMPROVEMENT PROJECT CITY PROJECT N0. 564-ST

FAITHFUL PERFORMANCE BOND
100% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of South Gate ("City" herein) has awarded to Sequel Contractors, Inc. ("Contractor" herein) a Contract for:

THE CONSTRUCTION OF GARFIELD AVENUE COMPLETE STREET IMPROVEMENT PROJECT, CITY PROJECT N0. 564-ST; and WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are held and firmly bound unto the City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that the obligation shall become null and void if the above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep and perform the covenants, conditions and provisions in said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in :[ull force and effect.

As a part of the obligation secured hereby, and in additjon to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.
112
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.

CONTRACTOR NAME:

By:

Name
Title: President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

By:

Raul F. Salinas, City Attorney
d 113

GARFIELD AVENUE COMPLETE STREET IMPROVEMENT PROJECT CITY PROJECT N0. 564-ST
100% PAYMENT BOND
WHERF,AS, the City of South Gate, South Gate, California ("City" herein), has awarded to Sequel Contractors, Inc., ("Contractor" herein) a Contract for the work described as follows:

THE CONSTRUCTION OF GARFIELD AVENUE COMPLETE STREET IMPROVEMENT PROJECT, CITY PROJECT N0. 564-ST
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, to secure the payment of claims of laborers, mechanics, material suppliers and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of ($ ) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 9100(a), or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. If suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiff(s) and the City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100(a) as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification ofthe Contract Documents or of work to be performed thereunder
IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 2023.
114
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.

CONTRACTOR:

SEQUEL CONTRACTORS, INC.

By:

Name
Title:
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

BY:

Raul F. Salinas, City Attorney
115

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

EACH AWARDEE OF A PRINCIPAL CONTRACT

ST ATE OF CALIFORNIA

COUNTY OF
being first duly sworn, deposes and says that he is of (sole owner, a
partner, president, etc.) the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository or to any member or agent thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in their general business.

Signed
Title
Subscribed and sworn to before me this day of , 2023.

Notary Public
(Attach Notary Certificate)
116
117
Cit)
Bid Aha/ys
Bid Date: January 26, 2023 3:00 P.M.
(A) Pedestrian Improvements - State Project No. ATPL 5257 (038) (B) Median Project - Federal Project No. HSIPL 5267 (036) (C) Non-Participating Roadway Rehabilitation and Median Landscaping li Item
No.

Item Description Ei
fage
Median
BID SCHEDULE A. MEDIAN PROJECT - 8TETE PROJECT NO. ATPL 5267 (038) Mobilization 25,000.00 $ 25,000.00
2 Traffic Control 36,782.50 $ 141,500.00
3 Storm Water Protection Plan 46,250.00 $ 27,500.00
4 Construction Survey 30,750.00 $ 24,000.00
5 Clearing and Grubbing 83,500.00 $ 100,000.00
6 Llnclassified Excavation 58,190.00 $ 56,005.00
7 Llnclassified Fill 98,530.00 $ 79,060.00
8 Construct 4 inch thick AC Bike Path 30,150.00 $ 130,150.00 9 Construct 8 inch thick AC Pavement 27,300.00 $ 23,100.00 i0 Construct 4 inch thick PCC Sidewalk 19,980.00 $ 19,440.00 11 Remove and Construct Concrete Curb and Gutter 46,935.00 $ 48,300.00 12 Construct Curb Ramp per SPPWC Standards 16,450.00 $ 17,400.C10 12 rhni-tri u-+ al friri+ iriidh Trhru-h nratln e
! -
14 Install Solar Rectangular Rapid Beacon 58,875.00 $ 49,500.00 15 Install Bicycle Loop Detectors 11 ,250.00 $ 11,700.00 18 Install Signing and Striping per Plan 90,750.00 $ 325,000.00 17 Purchase and Install Metal Pedestrian Bench 53,550.00 $ 53,100.00 18 Purchase and Install Waste Container Assembly 35,775.00 $ 36,450.00 19 Purchase and Install Bicycle Rack 9,300.00 $ 9,600.00 SuBTOT/iL BID SCHEDULE A (Bid Items 1-1 !!I):

BID SCHEDULE B. MEDIAN PROJECT - FEDERAL PROJECT NO. HSIPL 6267 (016i 20 MObilization 50,000.00 $ 5CI,000.00
21 Traffic Control Plans 40,750.00 $ 20,000.00
22 Traffic Comrol Implementation 32,987.50 $ 251,000.00 23 Implementation of BMPs 28,250.00 $ 32,500.00
24 Construction Survey 44,850.00 $ 45,000.00
25 Construct Median Curb Doweled into Existing Roadway Suface 55,7 40.00 $ 414,480.00 28 Construct Concrete Surface on Raised Median 07,937.50 5 995,200.00 27 Apply Thermoplastic Signing and Striping 23,250.00 $ 123,000.00 28 Install Loop Detectors 5,625.00 $ 5,850.00
29 Remove and Construtt Curb Ramps per Calttans Std Plans A8BA, Case per Plan 98,300.00 $ 323,000.00
30 Remove and Construct 4-inch thick PCC Sidewalk 34,000.00 $ 34,000.00 31 Remove and Construct Curb and Gutter 28,000.00 $ 28,750.00 32 Install Detectable Warning Surface to Existing Curb Ramp 6,052.50 5 5,955.00 SUBTOTtiL BID SCHEDULE B (Bid Items 20-32):

TOTAL BASE BID IN FIGURES (Bid Items 1-32):
ig'
Bid AnalysisGarfield Ave 118
Cit)
Bid Analys:

Bid Date: January 26, 2023 3:00 P.M.
(A) Pedestrian Improvements - State Project No. ATPL 5257 (038) (B) Median Project - Federal Pmject No. HSIPL 5267 (035) (C) Non-Participating RoadwayRehabilitation and Median Landscaping In Item
No. Item Description E
( rage Median
B}D SCHEDULE C. NON-PARTICIPATING ROADWAY REHABILITATION AND MEDUI 1MPROVEMENT8 - CITY PROJECT N0. 6i4-ST l-=-
ADD1TIVE ALTERNATE t Landscape and Irrigation
33 Mobilization 50,148.50 $ 112,500.00
34 Traffic Control Plans and Implementation 84,500.00 $ 287,500.0035 Storm Water Protection Plan and Implementation _13,925.00 $ 12,250.0036 Construction Survey ' 2-io;zso.oo$ 11,000.0037 City of South Gate Irrigation Service Connection(s) ,20,450.00 $ 109,500.0038 Golden State Water Company Irrigation Service Connection _19,875.00 $ 21,500.0039 Central Basin MW[) Reclaimed Water migation Service Connection 23,375.00 $ 18,750.0040 24" Box Tree w/ migation _58,41I .25 $ 50,422.5041 Shrub Planting (lg) (includes parkway swales) _45,923.00 $ 42,297.5042 Shrub Planting (5g) _21 ,255.00 $ 20.274.0043 Planting Soil PreplTop Soil Impod _51 ,aeo.oo $ 149,120.00 44 Root Barrier _as,oao.oo $ 31.360.0045 migation Equipment (POC) _63,200.00 $ 228,000.0048 Irrigation Controller J9,700.00 $ i47.400.00
47 migation Valves _28,875.00 $ 28.875.0048 Quick Coupler Valves _,41 ,973.75 $ 43.322.5049 Drip migation (includes parkway swales) 35,425.50 $ 49.848.0050 Wood Chip Mulch _24,024.00 $ 20.608.00 50A Non-floating Mulch (parkway swales) _ 639.00 $ 624.0050B Parkway Bioswale 31 ,424.00 $ 758.880.00
51 1 20-Day Plant Establishment _13,675.00 $ 10,350.00 8LIBTOTAL ADD1TIVE ALTERNATE I (Bid Items 33-61):

ADDITIVE ALTERNATE 2. Bus Shelter
52 MObilization l'-_24,875.00 $ 29.750.0053 Traffic Comrol Plans and Implementation _16,750.00 $ 13,500.0054 Storm Water Protection Plan and Implementation _13,025.00 $ 2,650.0055 Construction Survey _ 2,950.00 $ 3.000.0058 Bus Shelter _09,500.00 s 279.000.00 SUBTOT/iL ADDITIVE ALTERNATE 2 (Bid Items 52-56): i3 7.1 ()0,@0 $ 324,650.00 Bid AnalysisGarfield Ave 119
Bid Date: January 26, 2023 3:00 P.M.

City
Bid Analysi
(A) Pedestrian Improvements - State Project No. ATPL 5257 (038) (B) Median Project - Federal Project No. HSIPL 6257 (036) (C) Non-Participating Roadway Rehabilitation and Median Landscaping In Item
No. Item Description e'age
c
ADDITIVE ALTERNATE 3. Additional Paving, Striping, and utility Adjustment Work 57 Mobilization
58 Traffic Control Plans and Implementation
59 Storm Water Protection Plan and Implementation
60 Construction Survey
61 Construct 8 inch thick Concrete Roadway
62 Remove and Construct Concrete Curb and Gutter
83 Unclassified Excavation
83A Tapered Mill (Header Cut)
64 AC Grind (O" to 1.5")
85 AC Overlay (1.5")
66 Construct 4 inch thick PCC Sidewalk
87 Construct 3 inch thick AC Pavement
67A Emergency Vehicle Openings
88 Driveway Approach
89 AlleyApproach
70 Construct Curb Ramp per SPPWC Standards
71 Remove end Replace Loop Detector
72 Double Adjustment of Manhole Frame & Cover to Grade 73 Double Adjustment of Valve to Grade
74 Riase/Atjust Manhole Frame & Cover to Grade
75 Riase/Adjust Valve to Grade
8uBTOT/,L ADDITIVE ALTERNATE 3 (Bid Items 67-76):
13,152.26 $
15,250.00 $
16,500.00 $
14,250.00 $
i3,648.50 $
19,775.25 $
16,432.50 $
19,606.50 $
;:,'yss.zs $
)1 ,062.94 $
i4,376.75 $
t4,789.50 $
13,573.75 $
)7,240.75 I $
'9,546.00 $
iO,475.00 I $
i8,317 50 $
9,406.25 I $
!8,848.75 $
!0,072.50 I $
5,332.50 $
TOTAL BASE BID PLUS ADDITIVE ALTERNATES (Bid Items 1-76):

Median
65,000.00
180,500.00
16,500.00
15,500.00
157,434.00
17,595.00
295,240.00
47 126.18
52,758.75
902,495.48
139,573.50
325,289.00
33,254.00
-110,247.50
18,872.00
90,200.00
38,025.00

9.500.00
29 400.00
39,000.00
5,640.00
Total Base Bid Pli
2e
Bid AnalysisGarfield Ave 120
NOTICE OF EXEMPTION Appendix E
TO: Office of Planning and Research
p.o. Box 3044, Room I 43
Sacramento, CA 95812-3044
County Clerk
County of Los Angeles
12400 E. Imperial Hwy
Norwalk, CA 90650
I
i UNTIL. June 22 2022Project Title: Garfield Avenue Complete Street ; Project No. 564-ST REGI8TFIAR-RECORDER/COUNTY CLERKProject Application:

FROM:FROM: City of South Gate
Public Works Department
8660 California Avenue
South Gate, CA 9D280-3075gll(geofthO
!stMfflteCltyCl**
j($12 7 2022 THIS NDTICE
pmLED oN Ma'32022

THIS NDTICE WAS POSTED
Project Location - Speciflc: Garfield Avenue from Firestone Boulevard to Howery Street Project Location - City: South Gate, Project Location - County: Los Angeles Description of Nature, Purpose and Beneficiaries of Project:

The project consists of implementing new bicycle facilities including a Class I Bike path, Class II Bike lanes, Class Ill Bike route and sidewalks along Garfield Avenue. The Bicycle network will benefit the community to improve daily physical activity, mitigate Green House Gases and expandtransportation options.

Name of Public Agency Approvlng Project: City of South Gate Name of Person/Agency Carrying Out Project: City of South Gate Exempt Status: (check one):
0 Ministerial (Sea. 2'l080 (b) (1); 16268);
[) DeclaredEmergency(Sec.21080(b)(3);15269(a));
[J Emergency Project (Sec. 2"l080 (b%4); 15289(b)(c)); (J CategoricalExemption:Statetypeandsectionnumber:4(h)sectionNo.'l5304 [J Statutory Exemption: State Code number:

Reasons why project is exempt:

The project is Categorically Exempt under Class 4 Minor Atterations to Land Section 15304 of the CA Environmental Quality Act. Class 4 consists of minor public or private alterations in the condltion of Land, water and/or vegetation which do not involve removal of healthy, mature scenic trees for forestry or agricultural purposes.

Lead Agency
ContactPerson:ArturoCervantes AreaCode/Telephone/Extension:323-563-9577 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption filed by the public agency approving the project? §Yes [1 No Title: Asslstant City Manager/
Director of Public Works
§ Signed be Lead Agency € Signed by Applicant
Authority cited: Sectlon 21083 and 2al1 10, Public Resource Code Reference: Sectlons 21108, 21152, and 21152.1 Public Resource Code. 2022 111509
,,,,,,,,,,,,,,,,,,,,,,,,,,,llllllfflllll II fllll 1111111 FILED
May 23 2022
[lnim O. U4si, %ltlrq-RnuciilrijCennly Oioik
Flhnlinnlrulll ilgnnil by A)mll}A GUTIEnllll
121
6 City of South Gate, Public Works Department
Contract Change Order
City of
South
(,ate
Date: 2/10/2023 Change Order No. 01
Contractor: Sequel Contractors Inc.

Account No. 311-790-31-9564
Contract No.

Contract Date: 2/28/2023 Account Code
Plan Reference : Garfield Avenue Complete Street, City Project No. 564-ST Change Order Amount : $548,600 Extension of Contract: N/A Reason for Change: To meet Project Budget, Bid item No. 26 on the Bid Schedule is reduced from 62,200 SF to 20,000 SF of concrete. The reduction of the concrete surface was due to the introduction of about 42,000 SF of landscaped area inside the median island
Calcs.: 62,200 SF of Concrete Surface @ $13.00 per SF = $808,600 Less 42,200 SF of Concrete Surface @ $"l3.00 per SF = $548,600 Description of Change: Construct approximately 20,000 SF of concrete surface inside median Island. Final Quantities shall be per final field measurement.

Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
$ 5,052,943.00
$ (548,600.00)
$ 4,504,343.00
The Changes described above are hereby authorized.

Approved: , 20
Project Engineer; Elias Saikaly, t=i.t=. Contractor: Sequel Contractors Inc.

Assistant City Manager/Director of Public Works
Arturo Cervantes, P.E.

Construction Manager Date:

City Manager; Chris Jeffers
Original - Project File
CC: - Contractor
- Department
Date

22. 122
CIT-YMANAGER'S n!"i'!CE Item No. 7
FE!3 2 I 1573
l(:rr=- Ciffl ofSouth Gate

CITY COUNCIL
AGENIDA BI[LL
Department Director:

For the Regular Meeting of:

Ori a Department:
'Cervantes
February 28, 2023
Public Works
City Manager:

Nis Jeffers
SUBJECT: ACREEMENT WITH INTERA INCORPORATED TO PROVIDE

ENGINEERING DESIGN, HYDROGEOLOGICAL, AND CONSTRUCTION SUPPORT SERVICES FOR THE CONSTRUCTION OF WELL NO. 30 AT HAWKINS RESERVOIR SITE, CITY PROJECT N0. 605-WTR
PURPOSE: To award a professional services agreement to INTERA Incorporated ("INTERA") to prepare design and constniction documents for the Well No. 30 at Hawkins Reservoir Site Project No. 607-WTR ("Project"). The Project entails consttucting a new water well at the Hawkins Reservoir water productionfacility.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with INTERA Incorporated to prepare design and construction documents, provide hydrogeological and construction support services on the Well No. 30 at Hawkings Reservoir Site City Project No. 605 WTR, in an amount not to exceed $399,000; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. The Agreement is in the amount of $399,000 and it will be funded with Water Funds. The project is budgeted in the amount of $5,306,415 in the Capital Improvement Program (CIP), as summarized below:

Services Water Funds
Proposed Agreement $399,000
Contingency- $50,000
Prqject-Management $30,000
Construction Phase $4,827,415
Total Budget $5,306,415
ANALYSIS: The City has budgeted funds in the CIP to construct a new water well (Well No. 30) at the Hawkins Reservoir site (Attachment B). This well site is located on the east side of the City adjacent to the Los Angeles River. There are two existing ground water wells at the Hawkins Reservoir site; Well No. 24 which is active and Well No. 25, which is active, however on standby status. In 2010, the City decided to reline both, Well No. 24 and 25 at Hawkins due to 1 123
excessive corrosion of mild steel well casings. During relining, Well No. 25 collapsed, and depth of the well was reduced to approximately 400 feet from its original 1,350 feet, converting it to a low production well. Well No. 30 is proposed to replace Well No. 25.

The Project is ready for the beginning design since the State Water Resources Control Board, Division of Drinking Water ("DDW"), issued a letter of the conditional acceptance of the location proposed for Well No. 30. The DDW also acknowledged receipt of the permit application for Well No. 30. In addition, environmental documents have already been completed which required a Categorical Exemption and Notice of Exemption (Attachment C).

The Department of Public Works issued a Request for Proposals ("RFP"), from which only one proposal was received. Staff is recommending proceeding with awarding design services for the reasons following: (1) INTERA has the capacity and experience to provide the services requested; (2) the RFP was sent to seven consultants, those that didn't submit did not have the capacity to take on additional work or were to busy to provide proposals; (3) issuing another RFP may not result in lower fees, in producing a consultant that is more qualified, or receiving more proposals because the work requires extensive technical expertise; and (4) to keep the Project on schedule.

BACKGROUND: The City's municipal water system has approximately 135 miles of water mains. The system is equipped with over 14,200 service connections for residential and commercial customers. Currently, the 'potable water demand is met by ten active water wells, of which two are on standby. The annual water production is approximately 8,300 acre-feet. Wells No. 24 and 25, were originally constructed in mid 1980's. Well No. 25 is in need of replacement.

The Project is being implemented to replace Well No. 25. The Project entails constructing the new well and piping equipment needed to connect to the existing water system. After the Project is completed, Well No. 30 will be placed in operation and Well No. 24 will be placed on standby.

The proposed Agreement requires design and construction documents (Plans, Specifications and Estimates ("PS&E")), permits, pre-bid and bid evaluation services, hydrogeological services including well water quality profiling, testing, inspection and reports, and technical support services during construction of the proposed Well No. 30.

The proposed Agreement was procured through a competitive process. On December 5, 2022, a RFP was released to seven (7) qualified consulting firms to provide engineering design services for the Project. On January 23, 2023, proposals were due and only one was received in the City Clerk's Office. The proposal was submitted by INTERA with fees proposed in the amount of $399,000.

The proposal was reviewed by the Water Division Manager and the Project Manager. The review criteria weighed a number of factors including fees, project manager and team qualifications, experience in similar projects, understanding of technical issues, comprehensiveness of the proposal, and experience in coating tanks projects. Based on the evaluation, staff believes that INTERA has the qualifications to provide the required services. 2 124
INTERA offers the following:
@ Reasonable Fees - INTERNA's $399,000 fee proposal is reasonable. It is less then 10% of the project budget which is the industry average.
* Qualified Project Manager - Offers more than 25 years of experience, assembled a team with expertise in well profiling and siting, design, permitting, and construction supervision. * Team Experience on Similar Projects - INTERA has over 40 years of experience in design services. The proposal offers BESST as a subconsultant who has expertise in hydrological services. They have worked together to complete multi-faceted water resources projects and technical tasks for the Water Replenishment District ("WRD").

BESST's experience includes working on the City's water system to prepare technical studies.

Design is planned to begin March 2023 and be completed in six months.

ATT ACHMENTS: A.

B.

C.

Proposed Agreement
Location Map
Notice of Exemption
AA:lc
3 125

ATT ACHMENT A

AGREEMENT FOR ENGINEERING DESIGN SERVICES

BETWEEN THE CITY OF SOUTH GATE AND INTERA

INCOPORATED
This Agreement for Professional Services for Engineering Design Services ("Agreement") is made and entered into on February 28, 2023, by and between the City of South Gate, a municipal corporation ("City"), and INTERA Incorporated, a Texas corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services related to engineering design of Construction of Well No. 30 at Hawkins Reservoir Site, City Project No. 605-WTR ("Project"); and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.

2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed Three Hundred Ninety-Nine Thousand Dollars ($399,000) during the term of each year identified in Section 3, below and as described in Consultant's proposal attached hereto as Exhibit "B." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by Assistant City Manager/Director of Public Works or his/her designee.

2.I Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.

2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "B." City shall pay Consultant within thirty (30) days 5116863.1-L235.0 (Form Rev. 9/8/21)
4 126
Agreement for Professional Services
INTERA INC.