South Gate City Council
May 23, 2023

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, May 23, 2023 at
6:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 891 7657 7785
HTTPS://US02WEB.ZOOM.US/J/89176577785
Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Maria del Pilar Avalos, Mayor
INVOCATION:

Pastor Ismael Martin del Campo, Empower Apostolic
Assembly Church
PLEDGE OF ALLEGIANCE:

Evelyn Garcia, Police Lt.

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
Raul F. Salinas

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

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

City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.

Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.

Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.

Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.

Public Hearings

1. Ordinance (first reading) approving amendment to CALPERS contract adding cost sharing program for SGMEA, SGPMMA,
SGPOA, and SGDMA

The City Council will consider waiving the reading in full and introducing an Ordinance
authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System implementing Section 20516 (Employees Sharing Additional Cost) to provide employee cost sharing of 1% for local miscellaneous members in the South Gate Municipal Employees Association, South Gate Professional Mid-Management Association, and South Gate Division Management Association, and 1% for classic local police members in the South Gate Police Officers Association beginning Fiscal Year 2023-24. (ADMIN SVCS) Documents:

Item 1 Report 052323.pdf
2 2. Ordinance (first reading) repealing Chapter 6.42 (Smoking prohibited in all city- owned, city-operated and city-controlled
buildings and vehicles, and at each
municipal park) and adding new Chapter 6.42 (Smoking Prohibited) and additional Sections to the South Gate Municipal Code

Following the conclusion of the Public Hearing, the City Council will consider: (CM)
a. Waiving the reading in full and introducing an
Ordinance
repealing Chapter 6.42
(Smoking prohibited in all city-owned, city-operated and city-controlled buildings and vehicles, and at each municipal park) in its entirety and adopting new Chapter 6.42 (Smoking Prohibited) and Sections 6.42.010 (Purpose), 6.42.020 (Definitions), 6.42.030 (Posting of signs required), 6.42.040 (Enforcement) and 6.42.050 (Other applicable

laws);
and

b. Determining that the proposed Ordinance is Exempt pursuant to Sections 1506(b)(2) and
(b)(3) and 15308 of the California Environmental Quality Act (CEQA).

Documents:

Item 2 Report 052323.pdf

3. Adopt Resolution ordering the levy of annual assessments for FY 2023/24 for Street Lighting and Landscaping Maintenance District 1

Following the conclusion of the public hearing, the City Council will consider adopting a Resolution
ordering the levy of the Fiscal Year 2023/24 Annual Assessment for the Street Lighting and Landscaping Maintenance District No. 1. (PW) Documents:

Item 3 Report 052323.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
3 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
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
and
15 are Consent Calendar Items. All items
including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.

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

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

4. 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 South Gate 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 4 Report 052323.pdf

5. Resolution approving continuation of the Shop Local Digital Gift Card Program for an additional funding cycle with Yiftee, Inc. and Hinderliter, de Llamas and Associates, Inc. and appropriating $150,000 in ARPA funds

The City Council will consider: (CM)
a. Approving a
Resolution
to continue the Shop Local Digital Gift Card Program
(sometimes referred to as "Program") for an additional funding cycle with: (1) Yiftee, Inc. ("Yiftee"), for the continued operation of the Digital Gift Card Program, in the amount of $140,000, under existing Contract No. 2022-87-CC, and (2) Hinderliter, de Llamas and Associates, Inc. ("HdL"), in the amount of $10,000, under Contract No. 2022-86-CC, for marketing, administrative and other services associated with the Program; and

4 b. Appropriating $150,000 in American Rescue Plan Act ("ARPA") funds for the purpose of continuing a program to support local businesses located in the City of South Gate.

Documents:

Item 5 Report 052323.pdf

6. Reimbursement Agreement renewal with the City of Bell to continue Shelter Bed Program by the Salvation Army Bell Shelter

The City Council will consider: (CM)
a. Approving the renewal of the
Reimbursement Agreement
between the LCA1 Cities
and the City of Bell for shelter beds in the Salvation Army Bell Shelter in an amount not to exceed $31,379 provided that the LCA1 cities have each approved the Agreement; and

b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney, subject to the required approvals stated above.

Documents:

Item 6 Report 052323.pdf

7. Agreement with CSI Services, Inc., for Construction Management Services for the Hawkins North & South Tank Rehabilitation, City Project No. 645-WTR

The City Council will consider: (PW)
a. Approving an
Agreement
with CSI Services Inc., to provide construction management and inspection services for the construction of the Hawkins North and South Tank Rehabilitation, City Project No. 645-WTR in an amount not to exceed $113,390; and

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

Documents:

Item 7 Report 052323.pdf

8. Agreement with ACMS Group, Inc., for Dossier On-Demand Solution Software for the Fleet Maintenance
Management System

The City Council will consider: (PW)
a. Approving an
Agreement
with ACMS Group, Inc., for a 5-year term to provide its Dossier on-Demand Solution fleet maintenance management software, in an amount not to exceed $132,433;

b. Approving an appropriation of $10,822 from Fleet Funds to fully fund Year One service fees of the five-year Agreement; and

5 c. Authorizing the Mayor to execute the Agreement in a form approved by the City Attorney.

Documents:

Item 8 Report 052323.pdf

9. Agreement with Pipe Tec., Inc., for Inspection Services for Sanitary Sewer Main Closed Circuit TV Inspection Services of the City's Sanitary Sewer System

The City Council will consider: (PW)
a. Approving an Agreement with Pipe Tec, Inc., for a 3-year term to perform CCTV inspections services of the City's sanitary sewer system for an amount not to exceed $347,000; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 9 Report 052323.pdf

10. Agreement with WGJ Enterprises, Inc., for Construction of the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST

The City Council will consider: (PW)
a. Approving an
Agreement
with WGJ Enterprises, Inc. ("Agreement"), for the
construction
of the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST ("Agreement"), in an amount not-to-exceed $100,860;

b. Declaring the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST, categorically exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA");

c. Approving the Notice of Exemption for the construction of the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST and directing the City Clerk to file it with the Los
Angeles County Registrar Recorder's Office; and

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

Documents:

Item 10 Report 052323.pdf

11. Agreement with Sequel Contractors, Inc., for the Construction of the Long Beach Blvd Improvements Project,
City Project No. 515-ST

The City Council will consider: (PW)
6 a. Approving an
Agreement
with Sequel Contractors, Inc. ("Agreement"), for the
construction of the Long Beach Boulevard Street Improvements Project, City Project No. 515-ST, in an amount not-to-exceed $7,578,763;

b. Appropriating $780,000 in Road Mitigation Funds from the fund balance to fully fund construction on the Long Beach Boulevard Street Improvements Project, City Project No. 515-ST;

c. 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;

d. Authorizing the City Manager to approve pre-payments of construction progress payments for the construction contract to meet compliance with state legislation that requires payments within 30 days;

e. Declaring the Long Beach Boulevard Street Improvements Project, City Project No. 515-ST, Categorically Exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA");

f. Approving the Notice of Exemption for the construction of the Long Beach Boulevard Street Improvements Project, City Project No. 515-ST; and

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

Documents:

Item 11 Report 052323.pdf

12. Memorandum of Understanding with City of Downey for the Garfield Complete Street Improvements Project,
City Project No. 564-ST

The City Council will consider: (PW)
a. Approving the
Memorandum of Understanding
with the City of Downey for the
Garfield Avenue Complete Street Project, City Project No. 564-ST; and

b. Authorizing the Mayor to execute the Memorandum of Understanding in a form acceptable to the City Attorney.

Documents:

Item 12 Report 052323.pdf

13. Purchase Order with Herc Rentals for HVAC Equipment for South Gate Police Station

The City Council will consider: (PW)
7 a. Approving a Purchase Order with Herc Rentals to serve as a backup during the 2023 summer months to mitigate the potential for service interruptions at the South Gate Police Station in an amount not to exceed $70,000; and

b. Appropriating $70,000 in General Funds from the Undesignated General Fund Reserve to fund the Purchase Order.

Documents:

Item 13 Report 052323.pdf

14. Amendment to Purchase Order with NADA Bus, Inc., for additional funding for bus services for the senior trips program

The City Council will consider approving an added amount of $18,500 to an existing Purchase Order Agreement with NADA Bus, Inc., to include bus services for community/senior trips. (PARKS)
Documents:

Item 14 Report 052323.pdf

15. 2022-2023 State of California Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant
and Officer Wellness and Mental
Health Program

The City Council will consider accepting and appropriating the 2022-2023 0fficer Wellness and Mental Health Grant amount of $51,954.12 to implement the Officer Wellness and Mental Health Program. (PD)
Documents:

Item 15 Report 052323.pdf
Reports, Recommendations And Requests

16. Military Equipment Annual Report and renewing SG Muni Code for Military Equipment Police

The City Council will consider: (PD)
a. Receiving and filing the Annual Military Equipment Report;

b. Finding this matter to be exempt under CEQA per Section 15061 (b)(3) of the CEQA Guidelines; and

c. Renewing South Gate Municipal Code 1.39.010 (Military Equipment Policy).

Documents:
8 Item 16 Report 052323.pdf

17. Warrant register for May 23, 2023

The City Council will consider approving the Warrant Register for May 23, 2023. (ADMIN SVCS)

Total of Checks: $3,555,735.51 Less: Voids $ (21,882.88) Less: Employee Payroll Deductions
$ (391,242.98)
Grand Total: $3,142,609.65

Cancellations: 100343, 100722
Documents:

Item 17 Report 052323.pdf
Adjournment
Adjournment in memory of Ted Noudis (a long-time resident of South Gate and former business owner of T and C's Restaurant on Tweedy Blvd), Gloria Molina (former County of Los Angeles Superintendent and long-time representative of South Gate).

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on May 18, 2023, at 3:45 p.m., as required by law.

Yodit Glaze
City Clerk

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

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

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

PUBLIC COMMENT/PARTICIPATION
9 Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.

Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 CITYMANAGER'SOFFICE Item No. 1
MAY 162D23
Cid of South Gate

CITY COUNCIL
AeENIDA IBYLL
DepartmentDirector:

For tlie Regular Meeting of: May 23, 2023
Originating Department: Administrative Services
KrVstopherRyan ChrisJe,ffers
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE AUTHORIZING

AN AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

CONTRACT TO IMPLEMENT A COST SHARING PROGRAM BETWEEN THE CITY AND

SOUTH GATE MUNICIPAL EMPLOYEES ASSOCIATION, SOUTH GATE PROFESSIONAL MID-MANGEMENT ASSOCIATION, SOUTH GATE DmSION MANAGMENT

ASSOCIATION, AND SOUTH GATE POLICE OFFICERS ASSOCIATION ent to the contract with the California
Public Employees Retirement System ("CalPERS") to implement a cost sharing program between tlie City OfSOllth Gate ("City") and the SOllth Gate Municipal EmployeeS ASSOCiatiOn ("MEA"), SOuth Gate Professional Mid-Management Association ("PMMA"), South Gate Division Management Association ("DMA"), and South Gate Police Officers Association ("POA").

RECOMMENDED ACTION: The City Corincil will consider waiving the reading in full and introducing an Ordinance aritl'iorizing an amendment to the contract between tlie City and the Board of Administration of tlie California Public Employees' Retirement System implementing Section 20516 (Employees Sliaring Additional Cost) to provide employee cost sharing of 1% for local miscellaneous members in tlie Sorith Gate Municipal Employees Association, Soutli Gate Professional Mid- Management Association, and Soritl'i Gate Division Maiiagement Association, and 1% for classic local police members in the Sorith Gate Police Officers Association beginning Fiscal Year 2023-24.

FISCAL IMPACT: Tlie estimated savings from implementing tlie cost sharing program is $212,400 in Fiscal Year 2023-2024 and an additional $179,000 in Fiscal Year 2024-25.

NOTICING REQUIREMENTS: A public l'iearing notice was duly publislied in the South Gate Press, a newspaper of general circulation on Thursday, May 11, 2023.

ANALYSIS: California retirement law allows for two types of cost sharing (where employees pay a poition of the employer contribution to CalPERS). The first type of cost sharing is by CalPERS contract amendment under Government Code (GC) § 20516(a-e). In order for cost sharing to be effective rinder tliat method, CalPERS must first approve a contract amendment with the City. This form of cost sharing is generally more favorable for employees, as the additional employee contributions are considered by CalPERS to be "normal member contributions" and are treated as pre-tax contributions. As such, this is the cost-sharing metliod the City is proposing.
1 11
The alternative method is cost sliaring under GC 53 20516(f). Tliat metliodology is between the City and its employees only, witliorit a CalPERS contract amendment. Under GC § 20516(f), tlie additional en'iployee contributions effectively subsidize tlie City's CalPERS contributions and are considered as after-tax contributions.

BACKGROUND: Tlie City's cutrent contract with CalPERS provides that all employees pay tl'ie full employee share toward their retirement benefit. That contribution percentage differs based on whether they are "Classic" unit members or "PEPRA" unit members. During the most recent contract negotiations between tlie City and all labor grorips, each labor group agreed to have tlieir members participate in a cost sharing program. The Soritl'i Gate Police Management Association ("SGPMA") was tl'ie first labor grorip to participate in tlie cost sliaring program by having all their "Classic" unit members contribute 2% of tlieir salary toward tlie City's sliare of their retirement benefits beginning in FY 2022-

23. Tlie final ordinance amending the CalPERS contract for the cost sharing program with SGPMA was approved by the City Council at its February 14, 2023, meeting by adopting Ordinance No. 2023-01- CC.

Tlie City Council also approved the Tentative Agreements between tlie City and MEA, PMMA, DMA and POA agreeing to also paiticipate in a cost sharing program beginning in FY23-24. More specifically, in addition to a 4% Cost of Living Adjustment ("COLA") increase to base salaries in FY 2023-24 for POA, the POA agreed in the TA to have only "Classic" rinit members pay 1% towards tlie member's CalPERS contribution. In addition to a 3.5% COLA increase in FY 2023-24 for MEA, PMMA, and DMA, each labor grorip agreed in their TA to have both "Classic" and "PEPRA" members pay an additional 1% towards the member's CalPERS contribution. The cost sliaring program for eacli labor grorip is pursuant to California Governrnent Code 20516(a) and will be effective the full first payroll period in July 2023.

In order to proceed witli amending the City's contract witli CalPERS for cost sliaring, CalPERS reqriires a Resotution of Intention, an election of employees agreeing to the contract change, and adoption of an ordinance amending the City's contract witli CalPERS. At its May 9, 2023 meeting, City Council adopted ResolutionNo. 2023-26-CC declaring its intent to amend the contract with CalPERS to implement a cost sliaring program. Furthermore, tlie SGPMA conducted a secret ballot election from Mayll - 28, 2023 and a majority of the members voted in favor of tlie proposed cost sharing program. Tlie final step to amend tlie contract is to adopt an ordinance aritl'iorizing an amendment to the contract between tl'ie City and CalPERS. Today's meeting is to waive tlie reading in full and introduce an Ordinance arithorizing an amendment to tlie contract. Staff will tlien come back for final adoption of Ordinance at the June 13, 2023 City Council meeting.

ATTACHMENTS: A. Proposed Ordinance
B. Resolution No. 2023-26-CC (Approving Notice of Intent) C. Notice of Public Hearing
2 12

ATT ACHMENT A
ORDINANCE NO.

CITY OF SOUTH GATE,

LOS ANGELES COUNTY, CALIFORNIA

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE

CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH GATE AND THE BOARD OF ,='U)MINISTRATION OF THE

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the Public Employees' Retirement Law permits the paiticipation of priblic agencies and tlieir employees in tlie Public Employees' Retirement System by the execution of a contract, and sets fortli the procedure by whicli said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, on May 11, 2023, City Council adopted a resolution declaring tlie City's intention to approve an amendment to said contract between the Board of Administration of the Califoriiia Public Employees' Retirement System and tlie City of South Gate; and WHEREAS, the City Corincil held a duly noticed public hearing to consider the introduction of tl'iis Ordinance and liear priblic testimony on May 23, 2023.

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

SECTION 1. The City Corincil does hereby declare tl'iat the above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Corincil does liereby determine that an amendment to the contract between the City Council of the City of Soritli Gate and tlie Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attaclied hereto, marked Exl'iibit A, and by sucli reference made a pait hereof as thougli lierein set out in full.

SECTION 3. Tlie Mayor of the City Council is liereby aritliorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or poition of this ordinance or tlie application tliereof to any person or place, is for any reason held to be invalid or unconstitutional by tl'ie decision of any couit of competent jurisdiction, sucli decision sl'iall not affect the validity of the remainder of this ordinance. The City Corincil hereby declares tliat it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clarise, plirase, or portion tliereof, irrespective of tlie fact that any one of more sections,

13 subsections, subdivisions, sentences, clarises, phrases, or poitions tliereof be declared invalid or rinconstitutional.

SECTION 5. This Ordinance sliall take effect and be in force on tlie thiity-first (31Sf) day after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the South Gate Press, a newspaper of general circulation, priblislied and circulated in the Los Angeles County and thenceforth and tliereafter the same shall be in full force and effect.

SECTION 6. Tlie City Clerk sliall certify to the adoption of tliis Ordinance and shall cause tl'ie same to be priblished as reqriired by law.

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

CITY OF SOUTH GATE:

By:

ATTEST:

By:

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

B7:

S%'lin\,'CiE:'iSeyC2

14 A
CalPERS

EXHIBIT A
California
Public Employees' Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Adminiskation
California Public Employees' Retirement System
and the
City Council
City of South Gate
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective March 1, 1949, and witnessed January 24, 1949, and as amended effective August 1, 1952, November 1, 1952, May 1, 1958, August 1, 1964, November 16, 1969, October 15, 1972, February 4, 1973, September 2, 1973, July 6, 1975, April 22, 'l 979, October 17, 1982, April 27, 1983, January 14, 2001, June 30, 2001, July 1, 2002, May 12, 2010, August 26, 20'l7, and March 26, 2023, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A, Paragraphs 1 through 17 are hereby stricken from said contract as executed effective March 26, 2023, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein un(ess otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
5 15
Public Agency shall participate in the Public Employees' Retirement System from and after March i 1949, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereaffer enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

Pubtic Agency agrees to indemnify, defend and hold harrnJess the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
(c) PublicAgency'sagreementwithathirdpartyotherthanCalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.
4, Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members).
6 16

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. PERSONS EMPLOYED IN THE CIASS OF CROSSING GUARD
HIRED ON OR AFTER SEPTEMBER 2, 1973.

Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract, Government Code Section 20338 superseded this contract provision by providing that any such temporary and/or seasonaf employees are excluded from PERS membership subsequent to January "1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 11994.

The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or after July 'I, 2002, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).

The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment on or after July 'I, 2002, sha!l be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full).

The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full),
"10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362,2 of said Retirement Law (3% at age 50 Full).

11. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

12. Public Agency elected and elects to be subject to the following optional provisions:
a, Sections 21624 and 21626 (Post-Retirement Survivor Allowance). b. Section 20042 (One-Year Final Compensation) for classic members only,
7 17
Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate), From April 22, 1979, and until October 17, 'I 982, the normal local miscellaneous member contribution rate shall be

3.5% and 4.5% for local safety members, Legislation repealed said Section effective September 29, 1980.

Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978),
e. Section 21024 (Military Service Credit as Public Service) for local miscellaneous members only.

Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only.

Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
h. Section 20903 (Two Years Additional Service Credit).

Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members only,
Section 205'?6 (Employees Sharing Additional Cost):

From and affer March 26, 2023, 2% for classic local police members in the South Gate Police Management Association
From and after the effective date of this amendment to contract, 1 % for local miscellaneous members in the South Gate Municipal Employees Association
From and affer the effective date of this amendment to contract, 1 % for local miscellaneous members in the South Gate Professional Mid- Management Association.

From and afier the effective date of this amendment to contract, 1 % for local miscellaneous members in the South Gate Division Management Association
From and affer the effective date of this amendment to contract, "1 % for classic local police members in the South Gate Police Officers' Association
8 18
The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Norma) Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.

13. PublicAgency,inaccordancewithGovernmentCodeSection20790,ceased to be an "employer" for purposes of Section 20834 effective on July 6, 1975.

Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.

14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System,

15. PublicAgencyshallalsocontributetosaidRetirementSystemasfollows:
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law, 16, Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law,
9 19

17. ContributionsrequiredofPublicAgencyanditsemployeesshallbepaidby Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the

BOARD OF ADMIN)STRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
day of

CITY COUNCIL

CITY OF SOUTH GATE
BY BY
PROGRAMS DMSION ffl
AMENDMENT CalPERS ID #7499696720
PERS.CON.702A
10 20

ATT ACHMENT B
RF,SOLUTION N0. 2023-26-CC

CITY OF SOUTH GATE,

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, DECLARING THE CITY'S INTENTION TO

APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD

OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'

RETIREMENT SYSTEM AND THE CITY OF SOUTH GATE
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the goveming body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHERF,AS, the following is a statement of the proposed change:
g
To provide Section 20516 (Employees Sharing Additional Cost) of 1% for local miscellaneous members in the South Gate Municipal Employees Association, South Gate Professional Mid-Management Association, South Gate Division Management Association, and 1% for classic local police members in the South Gate Police Officers Association.

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

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

SECTION 2. The City Council does hereby give notice of intention to approve an amendment to the contract between the City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as "Exhibit A," and by this reference made a part hereof.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

21 PASSED, APPROVED, and ADOPTED on this 9'h day of May 2023.

Maria del Pilar Avalos, Mayor
ATTEST:

By:

APPROVED AS TO FORM:

B7:

F. Salinas, City Attorney

22 I A
Cau'ERS EXHIBIT A
California
Public Employees' Retirement System
gg

AMENDMENT TO CONTRACT
Between the
Board of Adminiskation
California Public Empluycc! Retirement System
and the
City Council
City of South Gate
The Board of Administration, California Public Employees Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafier referred to as Public Agency, having entered into a contract effective March 1, 1949, and witnessed January 24, 1949, and as amended effective August 1, 1952, November 1, 1952, May 1, 1958, August 1, 1964, November 16, 1969, October 15, 1972, February 4, 1973, September 2, 1973, July 6, 1975, April 22, 1979, October 17, 1982, April 27, 1983, January 14, 2001, June 30, 2001, July 1, 2002, May 12, 2010, August 26, 2017, and March 26, 2023, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective March 26, 2023, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein un!ess otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
13 23
Public Agency shall participate in the Public Employees' Retirement System from and after March 1, 1949, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a mntracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency, PublicAgencyagreesto indemnify, defend and hold harmiessthe California Public Employees' Retirement System (CaPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided underthe Public Agency's prior non-CaPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas,
a
(c) PublicAgency'sagreementwithathirdpartyotherthanCalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided underthis Contract and provided for underthe California Public Employees' Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Polioe Officers (herein refened to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members).
14 24
i
i
gi

5. fnadditiontotheclassesofemployeesexcludedfrommembershipbysaid Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. PERSONS EMPLOYED IN THE CLASS OF CROSSING GUARD
HIRED ON OR AFTER SEPTEMBER 2, 1973.

Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by oontract, Govemment Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonat employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994.

The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or afier July 1, 2002, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).

The percentage of final compensation to be provided for each year of credited prior and current service as a classic !ocal miscellaneous member in employment on or after July 1, 2002, shall be determined in accordanoe With Section 21354.5 0f Said Retirement LaW (2,7% at age 55 Full), The percentage of final compensation to be provided for each year of credited prior and current servioe as a new local mis>llaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

10. The peroentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in acoordance with Sedion 21362,2 ofsaid Retirement Law (3% at age 50 Full).

11. The peroentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordan> with Section 7522.25(d) of said Retirement Law (2,7% at age 57 Full).

12. Public Agency elected and elects to be subject to the following optional provisions:
a, Sections21624and2l626(Post-RetirementSurvivorAllowanoe). b. Section 20042 (One-Year Final Compensation) for classic members only.
25 Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From April 22, j979, and until October '17, 1982, the normal local miscellaneous member contribution rate shall be

3.5% and 4.5% for local safety members. Legislation repealed said Section effedive September 29, 1980.
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978).
e. Section 21024 (Military Service Credit as Public Service) for local miscellaneous members only.
f. Section 20965 (Credit for unused Sick Leave) for local miscellaneous members only.
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
h. Section 20903 (Two Years Additional Service Credit).

Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits) for lool miscellaneous members only.

Section 20516 (Employees Sharing Additional Cost):

From and afier March 26, 2023, 2% for classic local police members in the South Gate Police Management Association
From and affer the effective date of this amendment to contract, 1o/o for local miscellaneous members in the South Gate Municipal Employees Association
From and afier the effective date of this amendment to contrad, 1% for local miscellaneous members in the South Gate Professional Mid- Management Association.

From and afier the effective date of this amendment to mntract, 1o/o for local miscellaneous members in the South Gate Division Management Association
From and afier the effective date of this amendment to mntract, 1% for classic local police members in the South Gate Police Officers' Association
16 26
i
g
i
The portion of the employer's contribution that the member agrees to contributefrom his orhercompensation, over and abovethemember's normal contribution ('Cost Sharing Per>ntage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automaticalty be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.

13. PublicAgency,inaccordanoewithGovernmentCodeSection20790,ceased to be an "employer" for purposes of Section 20834 effective on July 6, 1975.

Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834,

14. Public Agency shall ontribute to said Retirement System the contributions determined by actuarial valuations of prior and future servioe liability with respect to local miscellaneous members and local safety members of said Retirement System,

15. Public Agency shall also contribute to said Retirement System as follows:
a, A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to mver the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the msts of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law,

18. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
17 27
17, ContributionsrequiredofPublicAgencyanditsemployeesshallbepaidby Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by dired payments between the employee and the Board.

B, This amendment shall be effective on the day of BOARD OF ADMfNISTRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

CITY COUNCIL

CITY OF SOUTH GATE

PROGRAMS DMSION
gg
AMENDMENT CalPERS 10 #7499696720
PERS.CON-702A
18 28

ST ATF, OF CALIFORNIA

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that Resolution No. 2023-26-CC was adopted by the City Council at their Regular Meeting held on May 9, 2023, by the following vote:

Ayes: Council Members: Avalos, Barron, Davila, Hurtado and Rios Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on May 17, 2023.

Yodit Glaze, Clerk
City of South , California
Ili !n
29 ATT ACHMENT C Offlce ofth@
!zuthameeltyCJ@*
APR '2 72023CITY OF SOUTH GATE
NOTICE OF PUBLIC HBARING "JR.,fflE
NOTICE IS HEREBY GIVEN that the City Cotuicil ofSoutli Gate, Califorttia will conduct a public hearing for the purpose of iiitroducii'ig an Ordinance amei"iding the CalPERS contract to implement a cost sharing program between the City and tlie South Gate Municipal Employees Association, Soutl'i Gate Professional and Mid-Management En'iployees Association, South Gate Police Officers Association, Sorith Gate Division Maxiagement Association, and Executiye Management Contract Employees. Tl"ie Public Heating is scliedu].ed for:

DATE:

TIME:

LOCATION:

May 23, 2023
6:30 p.m.

COUNCIL CHAMBERS
SOUTH GATE CiTY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
ThePublicHeaiingmeetingwillbeconductedinpersonorthroughyideocorrferencing. Any comments may be made in person at the heating or in writing to the City Clerk or the City Council prior to the heaiii"ig.

Youn'iayaccesstlieheaiingsthroughZoomoraplionecall. FortheupdatedDial-i+iNumber and Conference Code for the May 23, 2023 City Council meeting, please visit the City's website at wwsv.cityofsohithgate.org/AzendaCenter.

NOTICE IS HEREBY GIVEN that any and all persons ii'iterested in the matterhereinabove set forth areprivileged to attendsaidhearing andthen at"idtherei testify orpresent evidence ripon any matter relating thereto.

THIS NOTICE IS GIVEN by the order of tlie City Clerk of said City and is dated this May 11, 2023.

Publication date:

Y t laze, City Clerlc
Thrirsday, May 11, 2023
20 30
AdTecho
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An Onllne !ieiiifce of tire 11611y Journal Cot,ixirat'bii HO$iE l CONTACTS i ABOUTL)8 i RESETPASSWORD AdTecho

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CITY OF Sat)TH GATE ICIT/ CLERK ('127361 ]
8850 CALIFORNIAAVE, SOUTH GATE CA- 90280-
(323) 563-9598 / (323) 563-5411
Yodlt Glaze, CI$ Clerk
100-301-1 2-6305
Inlradudng Otdlnance Amendlng CalPERS Contract
Legal-GOVERNMENT - NOTICE OF HEARING
Ottfst No. Newspaper Name
Ad Text
Order No.
3(i96377
Publlshlng l(ilnlzaiionDates
05tll/2023 $50.00 ' 3.400 Inch ' j Ins ' j Cols
Newspaper
SOUTH GATE PRESEi

CITY OF SOUTH GATE

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the ally Council ot
8oulh Gale, Callfomla will conduct a publlc Itearlng for Ihe purpose of Inlroduclng an Ordlnance amendlng
the CalPERS contract to implemeni a cost shailng
program between 11te City and the South Gale
Municipal Employees Association, South Gale
Professional and Mld-tv1anagemenl Employees
Assoclatlon, South Gale Pollce Officers AssoclaUon,
South Gate Divlslon Managemenl Associailon, and
5ecullve Managemenl Contract Employees. The
Public Hearing Is scheduled Tor:

DATE: May 23, 2023
TIME: 6:30 p.m.

LOCATIONi

COUNCIL CHAMBERS

SOUTH GATE CITY HALL
8650 CALIFORNIAAVENUE
SOUTH GATE, CA 90280
The Public Hearlng meeting will be conducted In
pemon or through vldeacanferenclng. Any commenls
may be made In person at the headng or In wrlflng to
the Clly Clerk OT the Clly Councll pilot to the hearlng.

You may access the hearlngs through Zoom or a
phone call. Fat the updated Dlsl-In Number and
Conference Code Tor the May 23, 2023 Cliy Council
meeilng, please vlsll the Clly's webslle at
www.cllyofsoulhgate.oiglAgendaCenler.

NOTICE IS HEREBY GIVEN that any and all persons
Interested In the matter hetelnabove set forth are
prMleged to atlend said heailng and then and there
lestlfy oy present evldence upon any matter nelatlng thereto.

THIS NOTIG:E IS GIVEN by the titder o( the City Clerk oT sald City and Is dated lhls May 112023.
/s/Yodll Glaze, City Clerk
Est.

Pilce
$170.Oa
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31 CITYMANAGER'S DFFICE Item No. 2
MAY 17 2023
Ci@ of South Gate

CITY COUNCIL
AGENDA aI[LL
For the Regular Meeting of: May 23, 2023
Originating Department: City Manager's Office
City Manager:

Chris ejfers
City Manager:
\:Iffers
SUBJECT: ORDINANCE REPEALING CHAPTER 6.42 (SMOKING PROHIBITED IN ALL CITY-OPERATED .!USID CITY-CONTROLLED BUILDINGS AND VEHICLES, AND AT EACH MUNICIPAL PARK) OF TITLE 6 (HEALTH AND SANIT ATION), AND ADOPTING NEW CHAPTER 6.24 (SMOKING PROHIBITED) AND NEW

SECTIONS TO THE SOUTH GATE MUNICIPAL CODE
PURPOSE: To change Chapter 6.42 (Smoking prohibited in all city-owned, city-operated and city-controlled buildings and vehicles, and at each municipal park) of Title 6 (Health and Sanitation) and add new sections to incorporate a more expansive description in which smoking can occur, along with a clearer definition of public areas relating to the prohibition of smoking in municipal properties, buildings, parks and public spaces.

RECOMMENDED ACTION: Following the conclusion of the Public Hearing, the City Council will consider:
a. Waiving the reading in fiill and introducing an Ordinance repealing Chapter 6.42 (Smoking prohibited in all city owned, city-operated and city-controlled buildings and vehicles, and at each municipal park) in its entirety and adopting new Chapter 6.42 (Smoking Prohibited) and Sections 6.42.010 (Purpose), 6.42.020 (Definitions), 6.42.030 (Posting of signs required), 6.42.040 (Enforcement) and 6.42.050 (Other applicable laws); and
b. Determining that the proposed Ordinance is Exempt pursuant to Sections 1506(b)(2) and (b)(3) and 15308 of the California Environmental Quality Act (CEQA).

FISCAL IMPACT: There is no significant impact other than the cost of publishing a Public Notice of the Public Hearing. In addition, there will be costs for updating signs referencing the smoking prohibition should the City Council adopt the new Ordinance.

PUBLIC NOTIFICATION: Advertising and notification of the public hearing for this item was conducted in compliance with Chapter 11.50 Title 11 of the South Gate Municipal Code and notice of the hearing was posted and published in the South Gate Press newspaper on May 11, 2023.

I
32 ANALYSIS: The current municipal code Chapter 6.42 prohibiting smoking in city building, properties and municipal code was last updated in 2012. It uses a more traditional approach to smoking and has a lack of clarity concerning the various changes that have occurred in tobacco and cannabis-based products. One such area is the use of electronic smoking devices. In addition, use of cannabis in public spaces has become a more visible issue with the passage of Proposition 64 in 2016 by voters of the state. The proposed Ordinance is designed to be more inclusive of the technology changes and identifying areas where the City finds a public interest to protect the public's health, safety, and welfare by prohibiting the smoking and/or use of tobacco and caru'iabis-based products on or in municipal property or public areas.

The proposed Ordinance provides for monetary penalties for violations of Chapter 6.42 of $100 for the first violation, $200 for a second violation and $500 for a third or subsequent violations.

Adoption of the Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Sections 1506(b)(2) and (b)(3) and 15308.

ATTACHMENTS: A. Proposed Ordinance
B. Public Hearing Notice
C. Current South Gate Municipal Chapter 6.42
2 33
ORDINANCE NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE REPEALING CHAPTER 6.42 (SMOKING PROHIBITED IN ALL CITY-OPERATED AND CITY-CONTROLLED B{JILDINGS AND

VEHICLES, AND AT EACH MUNICIPAL PARK) IN ITS ENTIRETY AND AJ)OPTING NEW CHAPTER 6.42 (SMOKING PROHIBITED) AND SECTIONS 6.42.010 (PURPOSE), 6.42.020 (DEFINITIONS), 6.42.030 (POSTING OF SIGNS REQUIRED), 6.42.040 (ENFORCEMENT) AND

6.42.050 (OTHER APPLICABLE LAWS) OF TITLE 6 (HEALTH AND

SANIT ATION), OF THE SOUTH GATE MUNICIPAI, CODE
WHEREAS, a duly noticed public hearing concerning this matter was held as required by law on May 23, 2023;
WHEREAS, the original Chapter 6.42 was originally incorporated into the South Gate Municipal Code in 1993 and subsequently amended in 2012; WHEREAS, on November 8, 2016, Proposition 64 - the Adult Use of Marijuana Act - passed in California, legalizing the use, sale, and cultivation of recreational cannabis in California for adults twenty-one (21) and over;
WHEREAS, existing California law delegates to municipalities the ability to implement stricter controls over the use, sale, and cultivation of recreational cannabis, particularly in public places such as park facilities;
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City of South Gate has the authority to enact and update its existing laws that promote the public health, safety, and welfare of its residents, including the prohibition of smoking and/or use of tobacco and caru'iabis-based products on or in municipal property and facilities; and WHEREAS, the City Council of the City of South Gate seeks to ensure residents, customers, employees and visitors to such municipal facilities and properties can enjoy a healthy and safe environtnent from the health effects of second-hand smoke or other impacts created by smoking or using tobacco products.

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

SECTION 1. Title 6 (Health and Sanitation), of Chapter 6.42 (Smoking prohibited in all city- owned, city operated and city-controlled buildings and vehicles, and at each municipal park) of the South Gate Municipal Code is hereby deleted in its entirety and the following new Chapter

6.42 and Sections are added to read as follows:

Page l of 5
AS13772.0860812 4873-5418-4800vl
34 Sections:

6.42.010

6.42.020

6.42.030

6.42.040

6.42.050

6.42.010
"CHAPTER 6.42

SMOKING PROHIBITED
Purpose.

Definitions.

Posting of signs required.

Enforcement.

Other applicable laws.

Purpose.

This chapter is adopted pursuant to the city's police powers, Government Code Section 7597(b), and Health and Safety Code Section 104495(h) for the purpose of prohibiting smoking in publicly accessible areas in order to protect public health and safety. Nothing contained in this chapter is intended, nor shall be construed, to conflict or limit California law. Rather, consistent with the authority of the City to impose additional restrictions, this chapter adopts regulations that supplement existing standards under California law and impose higher restrictive standards.

6.42.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
"Cannabis" has the same meaning as defined in Health and Safety Code Section 11018. "Cannabis/Marijuana product" means cannabis that has undergone a process whereby the plant material has been transformed, including, without limitation, a concentrated cannabis. "City Manager" means the city manager or designee. "Common area" means within thirty (30) feet of an indoor or outdoor area at any one or more of the following places:
1) A public y accessib e restroom;
2) A public y accessib e elevator, escalator, or stairway; 3) A public y accessib e courtyard, plaza, lobby, atrium, or patio; 4) A public y accessib e walkway, corridor, or hallway; 5) A public y accessib e seating, waiting, or reception area; and/or 6) A public y accessib e designated parking lot area or parking structure. "Electronic cigarette" has the same meaning as set forth in Cal. Code of Regulations, Title 18 Cal.

Administrative Code Section 4076 (a)(3) and similar devices intended to emulate smoking, which permit a person to inhale vapors or mists that may or may not include nicotine. An electronic cigarette consists of three parts: the nicotine cartridge, the atomizer or heating element, and the battery.

AS13772.0860812 4873-5418-4800vl
35 "Outdoor dining area" means an unenclosed area open to the general public or closed to the public for a private function where food, or beverage, or both, are offered, served, or consumed. "Playground" for purposes of Health and Safety Code Section 104495, means twenty-five feet from the edge of a same area within a city park or recreational area specifically designed to be used by children and that has play equipment installed in it. "Public building" has the same definition as set forth in Government Code Section 7596. "Public park" or "municipal park" means all city-owned or city leased property designated as a park boundary within the meaning of Chapter 7.49 (Park), Section 7.49.010 of the South Gate Municipal Code.
"Public place" means any unenclosed area to which the public is invited or in which the public is permitted including, without limitation, banks, education facilities, health facilities, public transportation facilities, reception areas, lobbies, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, parking lots, sidewalks, plazas, sports fields, walking paths, hiking trails, bike paths, theaters, waiting rooms, offices, auditoriums, classrooms, conference and meeting rooms. "Public place" also includes any place being used for a public event, including but not limited to, a farmers' market, parade, craft fair, car show, festival, or any other event open to the general public.
"Responsible person" means any person owning, leasing, occupying, or having control or possession of real property affected by this chapter. "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization by human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke for incense. "Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapor, and marijuana smoke. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking, as defined in Business and Professions Code Section 22950.5.

6.42.030 Posting of signs required.

A. Except where other signs are required, whenever in this code smoking is prohibited, conspicuous signs must be posted so stating, containing all capital lettering not less than one inch in height in a color contrasting with the background color of the sign. To be "contrasting," it shall be sufficient if the lettering and the sign background are separate colors.

B. For public buildings and public parks, it is the city manager or designee's duty to post such signs or to cause such signs to be posted.

AS13772.0860812 4873-5418-z+800vl
36 C. Everyresponsiblepersonsubjecttothischaptermustpostthesignsrequiredbythischapter within thirty days of this chapter becoming effective.

6.42.040 Enforcement.

The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.

A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation hereof.

B. Violations of this chapter shall be prosecuted and will be punished, at a minimum, by fine of one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation and five hundred dollars ($500) for a third or subsequent violation.

C. Violations of this chapter are hereby declared to be public nuisances.

6.42.050 0ther applicable laws.

A. This chapter is in addition to any other prohibition or limitation on smoking under federal, state, or local law. The city council intends this chapter to supplement, and not duplicate or contradict, other applicable law.

B. This chapter shall not be construed or interpreted to permit smoking when another applicable law prohibits or restricts it. If another applicable law is more restrictive in regulating smoking, the more restrictive law shall govern.

SECTION 2. The adoption of this Ordinance is exempt from the provisions of the California Environment Quality Act pursuant to Sections 15061(b)(2) and (b)(3) and 15308.

SECTION 3. All ordinances and provisions of the South Gate Municipal Code and sections thereof inconsistent herewith shall be hereby repealed to the extent of such inconsistency and no further action is needed.

SECTION 4 If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of this entire ordinance or any of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases, or portion thereof be declared invalid or unconstitutional.

SECTION 5 This Ordinance shall take effect and be enforced on the thirty-first (31s') day after its adoption.

AS13772.0860812 4873-5418-4800vl
37 SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED and AJ)OPTED this 'b day of 2023.

CITY OF SOUTH GATE:

BY:

Maria delPilarAvalos, Mayor
ATTEST:

BY:

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

BY:
!,,=g.as,=a-,=uo=

AS13772.0860812 4873-5418-4800vl
38 ATT ACHMENT B

CITY OF SOUTH GATE

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of South Gate, California will conduct apublic hearing for the purpose of introducing an Ordinance which would retitle, delete, and add new sections to Chapter 6.42 (Smoking Prohibited in All City-Owned Properties, Municipal Parks, Common Area and Public Place) of Title 6 (Health and Sanitation), of the South Gate Municipal Code. The Public Hearing is scheduled for:

DATE:

TIME:

LOCATION:

May 23, 2023
6:30 p.m.

COUNCIL CHAMBERS

SOUTH GATE CITY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
ThePublicHeaiingmeetingwillbeconductedinpersonorthroughvideoconferencing. Any comments may be made in person at the hearing or in writing to the City Clerk or the City Council prior to the hearing.

YoumayaccessthehearingsthroughZoomoraphonecall. FortheupdatedDial-inNumber and Conference Code for the May 23, 2023 City Council meeting, please visit the City's website at www.cityofsouthgate.org/AgendaCenter.

NOTICE IS HEREBY GIVEN that any and all persons interested in the matterhereinabove set forth are privileged to attend said hearing and then and there testify orpresent evidenceupon any matter relating thereto.

THIS NOTICE IS GIVEN by the order of the City Clerk of said City and is dated this May 1, 2023.

Yodit Glaze, City Clerk
Publication date: Thursday, May 11, 2023
Account No. : 100-701-31-6302
39 ATT ACHMENT C
Chapter 6.42

SMOKING PROHIBITED IN ALL CITY-OWNED, CITY-OPERATED

AND CITY-CONTROLLED BUILDINGS AND VEHICLES, AND AT

EACH MUNICIPAL PARK
Sections:

6.42.010 Smoking prohibited in all city-owned, city-operated and city-controlled buildings and vehicles, and at each municipal park.

6.42.020 Posting of "No Smoking" signs.
6,42.030 Violations-Penalty.

6.42.010 Smoking prohibited in all city-owned, city-operated and city-controlled buildings and vehicles, and at each municipal park.

Smoking is prohibited in all city-owned, city-operated and city-controlled buildings and vehicles, and at each "municipal park" as defined in Section 7.49.010 (Description of park boundaries). This prohibition shall apply, without limitation, to all conference and meeting rooms, the council chambers, hallways and employee lounges, picnic areas and play fields.

At each such "municipal park," the director of parks and recreation may designate specific areas where smoking is allowed. These areas will be appropriately posted. (Ord. 2287 § 1 (part), 1-24-12: Ord. 1938 § 1 (part), 1-26-93)

6.42.020 Posting of "No Smoking" signs.
"No Smoking" signs shall be posted in all city-owned, city-operated and city-controlled buildings and vehicles, and at each "municipal park" as defined in Section 7.49.010. No such sign shall be posted less than five feet nor more than eight feet above floor level. (Ord. 2287 § 1 (part), 1-24-12: Ord. 1938 § 1 (part), 1-26-93)

6.42.030 Violations-Penalty.

Any person who violates any provision of this chapter shall be guilty of an infraction and shall be punishable as provided for in Title 1 of this code. (Ord. 2287 § 1 (part), 1-24-12: Ord. 1938 § 1 (part), 1-26-93) The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 40 Disclaimer: The City Clerk's office has the official version of the South Gate Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above.

City Website: iittps://www.cityofsouthgate.orq/
City Telephone: (323) 563-9500
Code Publishinq Company
41 CITYMANAU:R'SOPFICE Item No. 3
MA\ I 7 2023

CITY COUNCIL
AG-ENIDA BI[LL
Department Director:

For the Regular Meeting of: May 23, 2023
Ori ent: Public Works
Ciffl Manager:
o Cervantes (s Je,ffers
SUBJECT: RESOLUTION ORDERING THE LEVY OF THE FISCAL YEAR 2023/24

ANNUAL ASSESSMENT FOR THE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. I
PURPOSE: To adopt a Resolution ordering the levy of the Fiscal Year ("FY") 2023/24 Annual Assessments.

RECOMMENDED ACTION: Following the conclusion of the public hearing, the City Council will consider adopting a Resolution ordering the levy of the Fiscal Year 2023/24 Annual Assessment for the Street Lighting and Landscaping Maintenance District No. 1.

FISCAL IMPACT: The proposed Assessment would raise $1,994,154 for the FY 2023/24, although the costs associate with Street Lighting and Landscape District are approximately 43,041,636. The deficit of $1,047,482 is charged to various funds including Measure R, Gas Tax and Proposition A. The Assessment levy has not been changed since 1993.

NOTICING PROCEDURE: A Public Hearing Notice was duly published in the Los Angeles Wave, a local newspaper of general circulation, on May 4, 2023.

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 FY2023/24 is estimated to be $1,994,154, while the cost of maintaining the District is estimated to be $3,041,636. The operating budget deficit is $1,047,482, which will be funded with restricted :[unds from Measure R, Gas Tax and Proposition A.

The City Council has been made aware of the deficit between revenue and expenditure. The direction is returned at a later date with an analysis of creating an additional or overlay "district" to capture the additional funds to ensure all street lighting and landscape expenses are fully paid through assessments. It is anticipated that such an analysis will be presented sometime in the summer to allow the City Council and public to weigh in on the matter. Any adjustments or creation of a new district/overly would be subject to a Proposition 218 ballot process of impacted property owners.

I
42 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: maintain and operate landscaping and lighting systems citywide and within City streets. Qualifying expenditures include operations and maintenance o:f: (a) landscaping (trees, shrubs, grass, other ornamental vegetation, irrigation systems and drainage systems) and (b) lighting systems (illuminated signs, decorative light fixtures, street furniture, street lights 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 with the authority to levy and collect the assessments, according to LA County requirements and applicable state law. The actions before the City Council are a part of the proceedings necessary to provide such authority.

On February 28, 2023, the City Council adopted Resolution No. 2023-10-CC initiating the proceedings for FY 2023/24 and directing the Engineers Report to be prepared. On April 25, 2023, the City Council adopted Resolution No. 2023-22-CC approving the Engineer's Report and Resolution No. 2023-23-CC declaring the City's intention to levy and collect assessments and setting a public hearing on May 23, 2023. The final steps in the proceedings can be achieved by conducting a public hearing and adopting the proposed Resolution ordering the levy of the assessments. The schedule for the assessment proceedings has been/is as follows:

Date Council Action
2/28//2023 City Council adopted Resolution No. 2023-10-CC initiating proceedings to levy assessments and to order the preparation of the Engineer's Report. 4/25/2023 City Council adopted the following Resolutions: -

1. Resolution No. 2023-22-CC approving the Engineer's Report.

2. Resolution No. 2023-23-CC declaring the City's intention to levy and collect assessments and setting a public hearing on May 23, 2023. 5/23/2023 Conduct a public hearing and a-dopt 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 funding 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 FY 2023/24, an Annual Report must be prepared, and the City Council 2 43
must conduct a public hearing as required by the Landscaping and Lighting Act of 1972.

ATT ACHMENTS: A. Proposed Resolution
Notice of Public Hearing
ResolutionNo. 2023-10-CC
Resolution No. 2023-22-CC (Copy available for review in the City Clerk's office)
Resolution No. 2023-23-CC
KT:lc
3 44
Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, ORDERING THE LEVY OF THE FISCAL YEAR 2023/24 ANNUAL ASSESSMENT FOR THE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT N0.1
WHEREAS, the City Council previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, such special maintenance district known and designated as Street Lighting and Landscape Maintenance District No. l (hereinafter referred to as the "Maintenance District");
WHEREAS, on February 28, 2023, the City Council adopted ResolutionNo. 2023-10-CC initiating proceedings for the annual levy of the Fiscal Year 2023/2024 assessments and ordering preparation of an Engineer's Report for the District; WHEREAS, on April 25, 2023, the City Council adopted Resolution No. 2023-22-CC preliminarily approving the Engineer's Report dated April 10, 2023 ("Engineer's Report") which is necessary to set the assessments for Fiscal Year 2023/24 within the Maintenance District; WHEREAS, on April 25, 2023, the City Council adopted Resolution No. 2023-23-CC to declare its intention to levy and collect the assessments for Fiscal Year 2023/24 in the Maintenance District, as well as to set a public hearing for May 23, 2023 as a part of the proceedings, and did in fact conduct a public hearing on May 23, 2023;
WHEREAS, based upon the Engineer's Report, the following is hereby determined:

1. No new improvements and no substantial changes to existing improvements or zones are proposed for the next fiscal year;

2. Facilities to be maintained are within existing public streets or sidewalk rights-of- ways of the City;

3. No assessments are proposed to be increased from those as levied in the prior fiscal year; and
WHEREAS, atthis time all notice and public hearing requirements have beenmetrelatingto the subject proceedings, and the City Council is now satisfied with the assessment and all other matters as contained in the Engineer's Report;

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

SECTION 1. The City Council does hereby declare that the above recitals are all true and correct and incorporated herein by reference.
4403991.2-L235.53 l 4 45
SECTION 2. The City Council does hereby declare that all protests and objections of every kind and nature be, and the same hereby are, overruled and denied.

SECTION 3. The City Council does hereby approve the Engineer's Report and orders itto be filed inthe Office of the City Clerk as a permanent record which is to remain open for public inspection.

SECTION4. TheCityCouncildoesherebyconfirmthatthediagramreferencedatAppendixAto the Engineer's Report, and the assessment roll referenced at Appendix B to the Engineer's Report, are as set forth in the Engineer's Report.

SECTION 5. The City Council does hereby acknowledge that the adoption of this Resolution constitutes the Fiscal Year 2023/24 aru'iual assessment for the Maintenance District.

SECTION 6. The City Council does hereby order that the assessments authorized by this Resolution be used to fund the City's expenditures for the operation, maintenance and servicing of the landscaping, including trees, shrubs, grass and other ornamental vegetation and appurtenant facilities,including irrigationsystemsanddrainagedevices,andpubliclightingfacilities,including street lighting improvements, traffic signals and appurtenant facilities, located in public places within the boundaries of the City of South Gate, and for other incidental expenses authorized by the Act.

SECTION7. TheCityClerkshallcerti'tytotheadoptionofthisResolutionwhichshallbeeffective upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of May 2023.

CITY OF SOUTH GATE:

By:

ATTEST: Maria del Pilar Avalos, Mayor
B7:

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

By: $\'41i', C'('tt"orn!?
4403991.2-L235.53 2 46
Attachment B
MAY 'i i 20271

CITY OF SOUTH GATE

NOTICE OF PUBLIC HEARING FILED
NOTICE IS HEREBY GIVEN thatthe City Council of South Gate, Californiawill conduct a public hearing forthe purpose of adopting a Resolution confirming the diagram and assessmentand ordering the levy for Fiscal Year 2023-2024 Street Lighting and Landscape Maintenance District No. 1. A copy of the Engineer's Report may be requested at the City Clerk's office during normal business hours. The Public Hearing is scheduled for:

DATE:

TIME:

LOCATION:

May 23, 2023
6:30 p.m.

COUNCIL CHAMBERS

SOUTH GATE CITY HALL
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
ThePublicHearingmeetingwillbeconductedinpersonorthroughvideoconferencing. Any comments may be made in person atthe hearing or in writing to the City Clerk or the City Council prior to the hearing.

YoumayaccessthehearingsthroughZoomoraphonecall. FortheupdatedDial-inNutnber and Conference Code for the May 23, 2023 City Council meeting, please visitthe City's website at www.cityofsouthgate.org/AgendaCenter
NOTICE IS HEREBY GIVEN that any and all persons interested inthe matter hereinabove set forth are privilegedto attend said hearing and then and there testify or present evidence upon any matter relating thereto.

THIS NOTICE IS GIVEN bythe order of the City Clerk of said City and is datedthis May 1, 2023.

Yodit City Clerk
Publication date: Thursday, May 11, 2023
Account No.: 251-714-25-6302
47 Attachment C
RESOLUTION N0. 2023-10-CC

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CjTY OF SOUTH GATE, CALIFORNIA, mITIATING THE ANNUAL PROCEEDINGS FORTHE LEVY OF THE FISCAL YEAR 2023/24 ASSESSMENTS AND ORDEkuNG IHE

PREPARATION OF AN ENGINEER'S REPORT FOR THE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. l WHEREAS, in 1981, the City Council formed a special maintenance district pursum'it to the terms of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code ofthe State ofCalifornia, such special maintenance district known and designated as Maintenance District No. 1 ("District");
WHF,REAS, the District provides the authority to levy an assessment onparcels of land which have been identified as receiving a direct "special benefit" from a public improvement; WHFRF AS, qnnnqlly, the District's funds are levied andcollectedby 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, THEREFORH,, 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 tnue 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 forthe 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 apart of these proceedings.

SF,CTION3. TheCityCouncildoesherebydelegatetheAssistantCityManager/DuectorofPublic Works to conduct the annual maintenance and/or servicing ofthe 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; g
b. Anestimate ofthe cost ofthe maintenance and/or servicing ofthe improvements for the District for the referenced fiscal year;
Page I of 2
48 C. A diagram of the District showing the lots and/or parcels to be assessed; and gid. An assessment that covers the estimated cost of the maintenance and/or servicing, assessingthe netarnountuponall assessable lots and/orparcels withinthe District in proportionto the special benefits received by each lotorparcel. 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 with the City Clerk, who shall then submit the same to the City Council forits immediate reviewand 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 commencing 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 SO G
Maria del Pilar Avalos, Mayor
i
ATTEST:

By:

City Clerk
()
APPROVED AS TO FORM:

By:

F. Salinas, City Attorney
ggi

49 STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF SOUTH GATE )
SS
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that Resolution No. 2023-10-CC was adopted by the City Council attheir Regular Meeting held on Februaty 28, 2023, by the following vote:

Ayes:

Noes:

Council Members:

Council Members:

Barron, Davila, Hurtado, and Rios
None
i

Absent: Council Members: Avalos
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on March 2, 2023.

Yodit City Clerk
City of Gate, California
50 Attachment D
RESOLUTION N0. 2023-22-CC

CITY OF SOUTH GATE
LOS ANGELES COtJNTY, CALIFORNIA

RESOLUTION OF THF, CITY COUNCIL OF THE CITY OF
SOUTH GATE, CALIFORNIA, PRF.T .TMm,tRIL'l'

APPROVING THE ENGINEF,R'S REPORT REQUIRED FOR
THE rROCEEl)11!l(;S OF THF, FISCAL YEAR 2023/24

ANNUAL LEVY OF ASSESSMENTS WITHIN THE STREET

IJGHTING AND LANDSCAPE MAINTENANCE DISTRICT
N0. 1
WHEREAS, the City Council of the City of South Gate (City Council), pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, adopted Resolution No. 2023-10-CC, initiating proceedings for the annual levy of assessments within a special maintenance district, said special maintenance districtknown and designated as Street Lighting andLandscape Maintenance District No. l (hereinafter referred to as the "Maintenance District"); WHEREAS, the City Council was presented with an Engineer's Report, dated April 10, 2023, attached hereto as Exhibit "A" (hereinafter referred to as the "Report"), as required by said Division 15 of the California Streets and Highways Code and as previously directed by Resolution No. 2023-10-CC approved on February 28, 2023;
WHEREAS, the City Council examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said Report.

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

SECTION 1. TheCityCouncildoesherebydeclarethattheaboverecitalsaretniemidcorrectand incorporated herein by reference.

SECTION 2. The City Council does hereby acknowledge Report as presented consists of the following:
i
A. Plans and specifications describing the general nature, location and extent of the existing improvements to be maintained are on file inthe City Engineer's office. No newimprovements or any substantialchanges inexistingitnprovements areproposed for the next fiscal year; all improvements to be maintained are in existing public streets or sidewalks of the City;

51 B. Estimateofcost,includingtheamountoftheannualinstallmentfortheforthcoming fiscal year;
C. DiagramoftheMaintenanceDistrict;and
D. Assessment of the estimated costs of the improvements, including the amount of individual annual installments forthe next fiscalyear. No assessmentsonanyparcels within the Maintenance District are to be increased from those levied for the last fiscal year.

SECTION 3. The City Council does hereby declare that the Maintenance District and the associated assessments as outlined inthe Engineer's Report are incompliancewiththeprovisions of the California Constihition Article XIIID.

SECTION4. TheCityCouncildoesherebyapprovetheEngineer'sReportonapreliminarybasis, and orders it to be filed in the Office of the City Clerk as a permanent record and to remain accessible to public inspection.

SECTION5. TheCityClerkshallcertifytotheadoptionofthisResolutionwhichshallbeeffective uponits adoption, andthe minutes ofthis meeting shall so reflectthe presentationoftheAssessment Engineer's Report.

PASSED, APPROVED and ADOPTED this 25'h day of April 2023.

Maria del Pilar Avalos, Mayor
ATTEST:

B)r:

Yodit City Clerk
APPROVED AS TO FORM:

F. Salinas, City Attorney
gi

52 ST ATE OF CALIFORNIA

COUNTY OF LOS ANGEL'ES ) SS

CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that Resolution No. 2023-22-CC was adopted by the City Council at their Regular Meeting held on April 25, 2023, by the following vote:

Ayes: Council Members: Avalos, Barron, Davila, Hiutado, and Rios Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on May 8, 2023.

Yodit City Clerk
City of So Gate, California
'N dl ,*
53 ENTENNIAI

EXHIBIT A
Copy available for review in the City Clerk's Office City of South Gate
Maintenance District No. 1
2023/2024 Exairyccp'sAvwuatLmReposr
Intent Meeting April 25, 2023
Public Hearing: May 23, 2023
d--WILLDAN
54 Attachment E
RESOLUTION N0. 2023-23-CC
g CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH GATE, CALIFORNIA, DECLARING THE CITY'S

INTENTION TO LEVY AND COLLECT ASSESSMENTS
UNDER THE FISCAL YEAR 2023/2024 ANNUAL LEVY AND

COLLECTION OF ASSESSMENTS WITHIN THE STREET

LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT
N0. 1,ANDSETTING APUBLICHEARINGFORMAY24,2023
WHF,REAS, the City Council ofthe City of South Gate, (City Council)previously formeda special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 ofthe Streets and Highways Code of the State of California, such special maintenance districtknownand designated as Street Lighting andLandscape Maintenance District No. 1 (hereinafter referred to as the "Maintenance District"); WHEREAS, on February 28, 2023, the City Council adoptedResolutionNo. 2023-10-CC initiating proceedings for the annual levy of the Fiscal Year 2022/2023 assessments and ordering preparation of an Engineer's Report for the District; WHEREAS, atthistimethe City Councildesiresto undertake proceedingstoprovide forthe annual levy of assessments forthe nextfiscalyearto finance the costsandexpensesnecessaryto pay for the maintenance of the improvements in said Maintenance District; and WHEREAS, the City Council has approved the Engineer's Report, as required by law, and desires to continue with the proceedings for said annual levy NOW, 'ltikREP'ORE, THE CITY CO{JNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTIONI. TheCityCouncildoesherebydeclarethattheaboverecitalsaretmeandcorrectand incorporated herein by reference.

SECTION 2. The City Council does hereby declare that the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of such improvements, fromthose parcels which specially benefit from improvements described below from the above-referenced Maintenance District, and said improvements are generally described as follows:
i
The operation, maintenance and servicing of the following improvements, allwithinexisting public streets or public sidewalks of the City:

Page l of 4
M 55
A. Landscaping, ornamental vegetation, including trees, shrubs, irrigation systems and drainage facilities, together with appurtenances,
B. Public lighting, street lighting improvements and traffic signals, together with appurtenances.

SECTION 3. The City Council does hereby affirm that said works of improvements are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by said works of improvements, and forparticulars, reference is madetothe boundarymapas previously approvedby this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District.

SECTION 4. The City Council does hereby direct that the annual Engineer's Report, as preliminarily approved by the City Council, shall (pursuantto a separate Resolutionadopted by the City Council) promptly be placed on file with the City Clerk, and shall thereafter be accessible for public inspection. Reference is made to Report for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District.

SECTION5. TheCityCouncildoesherebyaffirmthatallcostsandexpensesofthemaintenance work and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received from the proposed work. No assessments on any parcels within the Maintenance District are to be increased from those as levied for the last fiscal year.

SECTION6. TheCityCouncildoesherebygivenoticethatapublichearingisherebyscheduledin the regularmeeting place oftis legislative body, being the Council Chambers of City Hall, located at 8650 California Avenue, South Gate, CA 90280, and via Zoom video and teleconference on the 24" day of May 2023 at 6:30 p.m.

At that time the legislative body will consider and finally determine whether to levy the proposed annual assessment, and to hear all protests relating to said proposed proceedings, or the estimate of the cost and expenses ofthe proposed maintenance, orthe proposed annual assessment.

Any and all persons interested may file a written protest prior to the conclusion of the hearing referred to herein or, having filed such a protest, may file a written withdrawal of that protest. A written protest must state all grounds of objection. A protest by a property owner must contain a description sufficient to identify the property owned by such person.

Any interested person may mail a protest to the following address:

Yodit Glaze, City Clerk
City of South Gate
8560 California Avenue
South Gate, CA 90280

t5' 56
To be considered bythe legislative body, all protestsmust bereceivedpriortotheconclusion of the public hearing. A postmark prior to such date and time will not be sufficient.

SECTION7. TheCityClerkisherebyauthorizedanddirectedtogivenoticeasrequiredbylawby causing acopy ofthis Resolutionto be published inthe Los Angeles Wave newspaper, anewspaper of general circulation withinthe City of South Gate; said publication to be completed not less than ten (10) days prior to the date set for the public hearing.

SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below:

Arturo Cervantes, P.E.

Assistant City Manager/Director of Public Works
City of South Gate
8650 California Avenue
South Gate, CA 90280
[Remainder of page left blank intentionally.]
i Page 3 of 4
57 SECTION9. TheCityClerkshallcertifytotheadoptionofthisResolutionwhichshallbeeffective upon its adoption.

PASSED, APPROVED and ADOPTED this 25'h day of April 2023.

CITY OF SOUTH GATE:

Maria del Pilar Avalos, Mayor
ATTEST:

B7:

Y
APPROVED AS TO FORM:

B)/:
aul F. Salinas, City Attorney

i
58 ST ATE OF CALIFORNIA

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that Resolution No. 2023-23-CC was adopted by the City Council at their Regular Meeting held on April 25, 2023, by the following vote:

Ayes: Council Members: Avalos, Barron, Davila, Hurtado, and Rios Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on May 8, 2023.

Yodit City Clerk
City of Gate, California
i
59 CITYMANA9ER'SOFFICE Item No. 4
MA\ j 7 2023

CITY COUNCIL
AGENIDA JB3aULL
Department Director:

For the Regular Meeting o:f: May 23, 2023
o Cervantes
SUBJECT: RESOLUTION DF,CLARING A CONTINUED EMERGENCY AND AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OFPUBLIC 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
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 publicbidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. Thedeclaration 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 theCounty 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 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 1 60
Council terminated the general contractor's agreement at a Special City Council meeting onFebruary 6, 2023. 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 perform certain ongoing maintenance and safety activities; a need which must be met sooner than thetime 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 Fg 1.54.470 and California Public Contract Code Eg 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 constniction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related toensuring 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, (l) declares an emergency, (2) authorizes the 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 for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary torespond 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 aSummary of Site Investigation.

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

1. NR Development Inc., was informed that Contract No. 2021-66-CC was terminated by the City Council effective February 13, 2023, except for maintenance activities. Staff met with NR Development Inc., to discuss the steps to close out construction activities and continue maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities.

2. City forces are providing maintenance services of the site. The site has been secured with perimeter fencing and security contract services.

3. Coordination with the Trust for Public Land ("TPL") to complete the process to prepare the technical documents necessary to secure a replacement contractor was completed. Preliminarily selected a recommended interim contractor; conducted a field review; and received a fee proposal for the interim maintenance and construction 2 61
activities approved by the LEA. Received a proposal from the contractor and have begun negotiations.

4. Submitted to the LEA the Summary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. Received approval of the WICM and conditional approval of the Phase II Workplan. Submitted a revised WICM as requested by the LEA. Submitted the revised Phase II Workplan on Aprill8, 2023.

5. Approved a funding increase for "TPL" in the amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with the TPL, however, Amendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides funding for the technical services required to comply with requirements from the LEA.

6. A $2,919,248 bid was received from LA Engineering to complete the construction and maintenance activities in the Workplan of Interim Controls approved by the LEA for the Urban Orchard Project. A construction contract is being processed and executed administratively under the authority granted by the subject resolution.

BACKGROUND: The Project is a part of the FY 2022/23 Capital Improvement Program. The Project is 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 1) to divert and treat storm water run-off from the Los Angeles River and 2) provide recreation oppottunities 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 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 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 County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.
3 62
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 following 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 Cle-an Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Ftinds $5,438,000
I State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
', Rivers and Mountains Conservancy Funds $4,404,798 TPL' Private Donations $90,000
i Total $25,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 63
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

ACTIVITIF,S 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 Councilfor the City of South Gate ("City") considered arid passed a Resolution declaring an emergencyand authorized the repair, replacement or maintenance activities of public facilities related to theUrban Orchard Project ("Project") pursuant to the emergency contracting procedures of the SouthGate Municipal Code and the California Public Contract Code; and WHEREAS, construction activities at the Project site began on August 2, 2021, and havereached the eighty percent completion stage, but the Project will require several more months ofwork before it is complete; and WHEREAS, the City has received notice from the Los Angeles County Department ofPublic Health, Solid Waste Management Program ("County"), demanding that the Cityimtnediately 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 andCorrective Action Order"); and WHEREAS, the City has terminated its construction agreement withthe contractor, exceptfor the requirement for the contractor to perform certain maintenance activities; and WHEREAS, although no construction activities will occur at the Project site until theCounty issues its PCLUP, it will be necessary in the interim for certain minimal maintenanceactivities to be performed at the site for the protection of the existing improvements and/or forpublic safety (collectively, the "Maintenance Activities"); and WHEREAS, at a special meeting of the South Gate City Council ("Council") held onMonday, February 6, 2023, the Council received information provided by the City's Public WorksDepartment establishing that the City does not have sufficient manpower to perform theMaintenance Activities with its own forces, and that the immediate need for the performance ofthe Maintenance Activities does not permit a delay that would result from a competitivesolicitation for bids.

64 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 53 22050, the Council hereby authorizes and directs the City'sCity 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.

SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying 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 § 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.

65 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 23'h day of May, 2023.

CITY OF SOUTH GATE
BY:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

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

By:
'i&aaS,!h""'.Or.!-

66 effYMANAO!R18 0FFICE Item No. 5
MAY 18 2023
to :o-bp+ Cil of South Gate

CITY COUNCIL
A(GENDA IaI[LL
For the Regular Meeting of: May 23, 2023
Originating Department: Ci ganager's Office
Giselle Af H Chris Je,(fers
SUBJECT: RESOLUTION APPROVING CONTINUATION OF A SHOP LOCALDIGITAL GIFT CARD PROGRAM WITH ALL NECESSARY COMPONENTS ANDIMPLEMENT ATION MEASURES TO SUPPORT LOCAL MERCHANTS IN SOUTHGATE PURPOSE: To approve a Resolution that will continue the Shop Local Digital Gift Cardprogram utilizing an additional$l50,000 in American Rescue Plan Act ("ARPA") funds.

RECOMMENDED ACTION: The City Council will consider:
a. Approving a Resolution to continue the Shop Local Digital Gift Card Program(sometimes referred to as "Program") for an additional funding cycle with: (1) Yiftee,Inc. ("Yiftee"), for the continued operation of the Digital Gift Card Program, in theamount of $140,000, under existing Contract No. 2022-87-CC, and (2) Hinderliter, deLlamas and Associates, Inc. ("HdL"), in the amount of $10,000, under Contract No.2022-86-CC, for marketing, administrative and other services associated with theProgram; and b. Appropriating $150,000 in American Rescue Plan Act ("ARPA") fiinds for the purposeof continuing a program to support local businesses located in the City of South Gate.

FISCAL IMPACT: There will be no expenditure in General Fund dollars. The funds for theprogram will come from ARPA funds received by the City of South Gate ("City") and used tosupport small businesses located within its municipal boundaries.

ANALYSIS: Due to the success of the Program, staff is recommending allocating additionalfunding for incentive gift card purchases. To continue with this Phase 2 of the Program, the CityCouncil must authorize the appropriation of additional ARPA funds in the amounts of $10,000and $140,000 to HdL and Yiftee, respectively, for marketing and incentive card distributionsservtces.

HdL has been working diligently with the City to launch and administer the program. Theprogram has been a success among the small business community. The Shop Local Digital GiftCard Program launched in February 2023 and currently has thirty-three (33) participating 1 67
businesses. A total of 1,505 gift cards have been issued during the period from February 7, 2023 to May 15, 2023 with an aggregate value of $114,830. Included in the total are the Buy One Get One (BOGO) gift cards that the City Council allocated to match what the buyer purchases. The current BOGO promotion works by purchasing a gift card valued at $25, $50, or $100 and the City providing another gift card of the same value for a combined total in gift card dollars to be spent locally. The BOGO promotion has been a great incentive to kick start the program and help people shop in the City.

Recently, buyers were able to take advantage of the extra gi:[t card during the Valentine's Day and Mother's Day holidays when buying gi:[ts or eating at a local restaurant.

The Digital Gift Card Program is an innovative way to stimulate local consumer spending, thereby supporting locally owned small and independently owned businesses in South Gate.

Various studies show that when $100 is spent at a local business, nearly $68 of those expenditures benefit City residents in the foim of taxes, payroll and supplies being reinvested into the community by locally owned small businesses, as compared to larger corporate non- locally owned businesses.

The City has an existing Yiftee Community Card Customer Agreement available to accept this additional funding cycle. There is no set-up or monthly costs. The costs paid to Yiftee are:

1. The value of the bonus card provided

2. The $1 plus 5% eDelivery fee (purchaser fee) plus a $1 gift fee per card

3. The participating Merchant fees charged by MasterCard The digital gift card can only be used at South Gate businesses and those that are independently owned (not corporate owned or multi-franchisee owned). The business must also operate in a physical storefront location, have a current City Business License, and have no cutrent code enforcement actions against it.

The values for the Digital Gift Card for Phase 2 will include amounts of $25, $50 to extend the program funds and allow more people to purchase a gift card. The BOGO promotion of buy one get one free will also be reset to allow the purchase of two (2) gift cards per email.

ATTACHMENTS: A. ProposedResolution
B. Contract No. 2022-86-CC
C. Contract No. 2022-87-CC
D. List of Participating Businesses
2 68
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION APPROVING THE CONTINUATION OF A SHOP

LOCAI, DIGIT AL GIFT CARD PROGRAM WITH ALL COMPONENTS

AND IMPLEMENT ATION MEASURES TO SUPPORT LOCAL

MERCHANTS IN SOUTH GATE
WHEREAS, the City of South Gate, its residents, and local and small business community continue to experience the impacts of the pandemic; and WHEREAS, the South Gate City Council continues to seek ways to assist the South Gate business community in their recovery from the pandemic; and WHEREAS, the initial Shop Local Digital Gift Card Program has been success'ful in the issuance of over 1,500 digital cards and 33 active, local, small businesses currently registered to participate in the program; and
WHEREAS, the City Council desires to continue this program for another funding cycle of approximately $150,000 in digital gift card value to support local small businesses in the South Gate community, and this new funding is estimated to last through May 31, 2024, depending on the amount of digital gift cards sought by the public; and WHEREAS, on September 27, 2022, the City Council approved Contract No. 2022-86- CC ("Contract") with Hinderliter, de Llamas and Associates ("HdL") and approved the funding for gift card program through Yiftee, Inc. for the Shop Local Digital Gift Card; and WHEREAS, the HdL contract was in the Program in an amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00). the amendment would cap their costs at not exceed $10,000 for the new funding cycle; and
WHEREAS, Yiftee, Inc., implements the gift card program, including registration of businesses for a set price of 1% plus 5% eDelivery fee ("purchaser fee") plus a $1 bonus gift fee per card. This would be same terms during the new funding cycle period.

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

SSECTION 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 appropriate $150,000 in American Rescue Plan Act funds for the purposes of continuing the digital gift card program for an additional funding cycle Page I of 2
69 to suppoit local small businesses within South Gate.

SECTION 3. The City Council does hereby authorize the City Manager to sign all necessary documents for an additional funding cycle with: (1) Yiftee, Inc. ("Yiftee"), for the continued operation of the Digital Gift Card Program, in the amount of $140,000, under existing Contract No. 2022-87-CC, and (2) Hinderliter, de Llamas and Associates, Inc. ("HdL"), in the amount of $10,000, under Contract No. 2022-86-CC, for marketing, administrative and other services associated with the Program. The values for the Digital Gift Cards will include $25 and $50 amounts.

SECTION 4. The City Clerk shall attest to and certify the passage and adoption of the Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of May, 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

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

BY:

70 fllL21t'lllllelll 6
, DocuSlgnEnvelopelD:C51121 Contract No. 2022-86-CC
i

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SOUTH GATE AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 1l day of September, 2022, by and between the City of South Gate, a municipal corporation, organized under the laws of the State of California ("City") and Hinderliter, De Llamas and Associates, Inc., with its principal place of business at '120 S. State College Blvd. Suite 200, Brea CA 92821("Consultant"). City and Consultant are sometimes individually referred to herein as "Pare" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional economic development consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the planning of and administrative support for a digital gift card program with Yiftee ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to fumish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional economic development consulting necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreern@nt, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit 'A-I.' attached hereto and incorporated herein by reference.

3.1.2 . ThetermofthisAgreementshallbefora1yearperiodunlessearlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The -1-
71 DocuSign Envelope ID: C51121
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of peforming the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
i

3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated peformance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements
Consultant shall be subject to the approval of City.

All work prepared by

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreementforcause. ThekeypersonnelforperformanceofthisAgreementareasfollows:Barry Foster, Principal/Managing Director and Kirstin Hinds, Semor Advlsor. i

3.2.5 City's Representative. The City hereby designates Chris Jeffers, City Manager, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Ctty's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on eity's behalf and to execute all necessary documents which enlarge the Sgope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Barry Foster, Principal/Managing Director, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff -2-
72 DocuSign Envelope 10: C51121
e
in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it ip skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skitl and experience to perform the Services assigned to them. Consuttant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform th-e Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee whg fails or refuses to perform the Services in a manner acceptatle to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
i

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits 'A" or 'B" attached hereto, or which -may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Peformance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Requlations; Employee/Labor Certification. Consultant shall keep itself fully iriformed of and in complianee with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Projea or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

All violations of such laws and regulations shall be groundsforthe City toterminatethe Agreement for cause.

3.2.10.1 Employment Eliqibility; Con'sultant. Consu!tant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants - and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term ofthe Agreement.

3.2.10.2 Equal0pportunityEmployment. Consultantrepresentsthatitis an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to i
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.2.10.3 . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, bat not limited to, emissions limit@ and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or Califomia Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemriity obligations provided for in this Agreement.

3.2.10.4 S3. Consultantshallexecuteandmaintainitsworksoasto avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 .

3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds forthe Citytoterminate this Agreementfor cause.

3.2.11.2 Tvpes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $"l,000,000 per occurrence and, no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liabil§ Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exad equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. -4-
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74 DocuSign Envelope ID: C51121
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance mth a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.1"l.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoin@ operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of 180 CG 20 40 10 01 and 20 37 '10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cangellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.11.4 Primary and Non-Contributinq Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.11.5 Waiver of Subroqation All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specificatly allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsuttants.

3.2.11.6 DeductiblesandSelf-InsuredRetentions. Anydeductibleorself- insured retention must be approved in wrtting by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they ,i
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would have been protected had the policy or policies not contained a deductible or self-insured retention. a

3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effediveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certfficates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insuranz has been reinstated orhas been provided through another insurance company or companies.

3.2.11.8 Acceptability of Insurers- Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of Califomia, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the Calffomia Insurance Code or any federal law.

3.21'l.9 Enforcement of Aqreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part ofthe City to inform Consultant of non-compliance mth any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. i

3.2.11.10 Requirements Not Limitinq. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.11.11 AddiUonallnsuranceProvisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consuttant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuantto this Agreement, including but not limited to, the provisions concerning indemntfication.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreementdoes not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the affernative, Qty may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insuran> policies in effect for the duration of the Project. 4 76
DooSign Envelope ID: C511216E-A80C-44CF-AB3A-BC732527CAOE gi
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) ConsultantshallreporttotheCity,inadditiontoConsultant's insurer, any and all insurance claims submitted by Consultant in connection mth the Services under this Agreement.
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3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consuttant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance mth the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consuttant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consuttant shall n6t allow any subconsuttant to commence work on any subcontract relating to this Agreement until it has received satisfadory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent app)icabm. The Consultant shall provide satisfadory evidence of compliance with this section upon request of the City.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, niles and regulations that may impad, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Cd's ordinances regulatirig water quality and Storm water; the Federal Water Pollution Control Act (33 u.s.c. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et sea.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lamul requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Servioes are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensatiori. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twelve Thousand Five Hundred Dollars ($12,500.00) without written approval of -7-
77 DocuSign Envelope ID: C511216E-A80C-44CF-AB3A-BC732527CAOE i
public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ('DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affed Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the peformance of the Services.

3.6 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normaf business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment unaer this Agreement.
3,6 General Provisions.

3.6.1 Termination ofAqreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consuttant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information ofany kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fmeen (1 5) days of the request. -g-
78 DowSlgn Envelope ID: C511216E-A80C-44CF-AB3A-BC732527CAOE

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. e

3.6.2 Delivery of Notices. All notices permitted or required underthis Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: HdL Companies
120 S. State College Blvd. Suite 200
Brea, CA91821
ATTN: Bary Foster, Principal/Managing Director
City: City of South Gate
8650 Califomia Avenue
South Gate, California 90280
ATTN: Chris Jeffers, City Manager
Such notice shall be deemed made when personally delivered or when mailed,,forty-eight (48) hours after deposit in the u.s. Mail, first class postage prepaid and addressed to the party at its applicable address. Adual notice shall be deemed adequate notice on the date adual notice occurred, regardless of the method of service.

3.6.3 0wnership of Materials and Confidentiality

3.6.3.1 Documents & Data; Licensinq of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited tg, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be preparedbyConsultantunderthisAgreement("Documents&Data"). AllDocuments&Datashall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projeds without the City's express written permission. \/Vithin thirty (30) days following the completion, suspension, abandonment or termination ofthis Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion ofthe Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consuttant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. i

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & -10-
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DatathesubconsultantpreparesunderthisAgreement. Consultantrepresentsandwarrantsthat Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsunants, or those provided to Consultant by the City.

3.6.3.3 Riqht to Llse. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a projed other than this Projed without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project otherthan this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for tts Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consuttant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemntflcation provisions of this Agre@ment, fgr any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City ofthe Documents & Data, including any method, process, product, or concept specified or depided.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connectionwiththepeformanceofthisAgreementshallbeheldconfidentialbyConsultant. Such materials shall not, without the prior wrmen consent of City, be ffsed by Consultant for any purposes other than the performance of the Sevices. Nor shall such materials be disclosed to any person or entity not connected with the peformance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior wrmen consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the Califomia Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consuttant shall have five (5) working days afler receipt ofthe Release Notice to give City written notice of ConsuRant's objection to the City's release of Proprietary Information. Consultant shal( indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attomey:s fees) arising out of a legal i
-lf-
80 DocuSign Envelope ID: C51 1216E-A80C-44CF-AB3A-BC732527CAOE action brought to compel the release of Proprietary Information. City shall not release the ProprietarylnformationafterreceiptoftheObjectionNoticeunlesseither: (1)Consultantfailsto fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealab!e order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss ordamagecausedbythesolenegligenceorwiltfulmisconductoftheCity. Consultant'sobligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional' (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. e

3.6.6 Entire Aqreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations understandings or agreements.

3.6.7 Governinq Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et r3l. prior to filing any lawsuit against the City. Such Government Code claims and anysubsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consuttant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. -12-
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3.6.8 Attorney's Fees. If enher party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such adion.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Riqht to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assiqns. This Agreement shall be binding on the -successors-and-assigns-of the-parties- --

3.6.12 Assiqnment; Subcontractinq. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consentoftheCity,whichmaybewithheldforanyreason. Anyattempttosoassignorsotransfer without such consent shall be void and without legal effect and shall constitute grounds for termination Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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3.6.13 Construction;References;Captions. SincethePartiesortheiragentshave participated fulJy in the preparation of this Agreement, the tanguage of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for peformance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsuttants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, offloers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or seniice voluntarily given or performed by a Par§ shall give the other Party any contradual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Pare Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity;Severabiltty. lfanyportionofthisAgreementisdeclaredinvalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not gi
-13-
82 DocuSlgn Envelope 10: C51121
employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.8.19 Authority to Enter Aqreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination a
-14
83 DocuSign Envelope 10: C51121
i

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF SOUTH GATE AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SOLjTH GATE
By:

Attest:

City Manager
City
Yodit

HINDERLITER, DE LLAMAS AND
ASSOCIATES, INC.

By: l
President/CEO
Appmved as to Fom:

F. Salinas
Attorney
-15-
84 DocuSlgn Envelope ID: C51121
E)a-11BIT "A"

SCOPE OF SERVICES
Consultant shall provide services pursuant to the terms set forth in this agreement and formulate a plan for and the administraticn of a digital gift card program with Yiftee, including but not limited to the following components.
* ASSiSt the City in designing, developing, marketing and/or refining, plus administrative support for implementing and operating a digital gm card program with Ytftee. * Helping the City to develop a strategy for spending limits, targeted business participants, plus marketing and outreach coordination with a City staff, the Chamber of Commerce, Tweedy Mile Business Association and local business representatives for implementing and operating a shop local digital gift card program with Ytftee. i
Exhibit 'A'-1
85 DocuSign Envelope 10: C51121
i
i
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall complete the Services within the schedules agreed upon by the City and Consuttant to comptete the Services within the term of the Agreement.

EXhlt)it B-1
86 DocuSign Envelope ID: C51121
EXHIBIT "C"
COMPENSATION i
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth below for a total compensation amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00) over the term of the Agreement.

Hourly Consulting Rates
Staff Position
Principal
Sr. Advisor
Analyst
Rate
i
a
87 88
Contract No. 2022-87-CC
Community Card Customer Agreement
THIS AGREEMENT (the "Agreement") is made effective as of September 27, 2022 (the "Effective Date") by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 ("Yiftee") and the City of South Gate, with an address at 8650 California Ave, South Gate, CA 90280 ("Customer"). The parties agree a follows:

1. Definitions.

1.1 "Merchant"meansamerchant,prospectorothercontactthatmaybeusingordesiretouse Yiftee Services to redeem eGifts.

1.2 "Participant" means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.

1.3 "Yiftee Services" means Yiftee's gift-giving platform. It is the technology foundation for Community Cards.

1.4 "Purchaser" means a person or entity that purchases or redeems eGifts.

L.S "eGift" means a digital virtual gift voucher used as payment for goods or services at a Participant.

1.6 "Offer" or "Offers" mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.

1.7 "Chargeback" means a purchase that has been disputed by the person who owns the credit card used to purchase an eGift. Chargebacks cause the amount of the purchase to be refunded to the cardholder out of Yiftee's bank account and often also include an associated fee.

2. Merchant Enrollment.

2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.

Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin ("Commencement Date"). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A.
(b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.la, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants oftheir individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.

Yiftee Community Card Customer Agreement, Revised 2022-08-11 89 (c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. (d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant's billing obligation will result in that Participant's cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).

A Participant may be added to the list of Participants at any time ("Enrollment Time"), with billing adjustment for said Participant to begin immediately and to be included in the current month's billing. (e) Eachpartyshallcomplywithgood,ethicalandmoralbusinesspracticesandallapplicablelawsand regulations in engaging in any activities here under. (f) Fees and payment terms applicable to the subject matter here under shall be as set forth in, Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.

2.2 Yiftee Materials.

Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under ("Yiftee Materials"). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.

2.3 Limited Licenses.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer's peformance of this Agreement.

2.4 Trademark License.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee"s or Customer's name, trade names, trademarks, service marks, and logos (collectively, a party's "Marks") solely in connection with Customer's and Yiftee"s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.

3. Chargebacks,WhenpurchasingeGiftsusingPurchasers"creditcardsorotherformsofpayment using the Yiftee "Order Desk" functionality or any purchase made on behalf of a Purchaser using Purchaser's credit card if the Order Desk functionality is not used, Customer is responsible for verifying that the Purchaser owns the payment instrument and has authority to use it for said purchase. Should Yiftee receive a Chargeback, Yiftee will attempt to cancel any outstanding value on the eGift purchased and Customer is liable for any remaining balance and fees incurred by Yiftee.

4. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee"s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer's Marks.

Yiftee Community Card Customer Agreement, Revised 2022-08-11 90 5. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,

EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALLIMPLIED WARRANTIES OF MERCHANTABILITY,

NONXFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.

6. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTf (NOR ITS

LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE

THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY

SPECIAL, INDIRECT, INCIDENTAI, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY"S LIABILITY EXCEED THE GREATER OF !5500 0R THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO

CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAY ABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

7. Term and Termination.

7.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.

7.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever (b) EitherpartymayterminatethisAgreementiftheotherpartymateriallybreachesatermofthis Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) ParticipantsareobligatedtohonoralloutstandingeGiftsissuedbyYifteefortheentireduration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.

7.3 EffectofTermination. Uponanytermination:(a)Customershallimmediatelyceaseall promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.

8. Confidentiality, Because of this Agreement, the parties may have access to information that is confidential to the disclosing party ("Confidential Information"). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties' products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party's Confidential lnformation shall not include any information which (i) becomes generally publicly available through no wrongful ad oromission ofthe receiving party; (ii) is lawfully acquired by the receiving party Yiftee Community Card Customer Agreement, Revised 2022-08-11 91 from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party's Confidential Information. Each party agrees to maintain the confidentiality of the other party's Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion ofthe other party's Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiying party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.

9. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser's or Merchant's participation in the other party's products and services.

10. Miscellaneous

10.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocabJy submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.

10.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed.to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.

10.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. YifteemayfreelyassignorotherwisetransferthisAgreementinconnectionwiththesaleofallor substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

10.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.

10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, wlth respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any Yiftee Community Card Customer Agreement, Revised 2022-08-11 92 provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF SOUTH GATE
ChrisJeffers, WrJna6r
YIFTEE, INC.

Authq3aized signature:

Attest:

Yodit Glaze Clerk
Approved as to [rm:
ul F. Salinas, City Attorney
Yiftee Community Card Customer Agreement, Revised 2022-08-11 93 Community Card Customer Agreement
APPENDIX A - Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants' stores.

Charges:

Purchasers pay the face value ofthe card plus a S1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars (SIOOO) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.

Participants pay Mastercard processing fees for a card-not-present (CNP) transadion upon redemption.

Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.

Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.

Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds thg balance to the purchaser's Yiftee eGift Card account. eDelivery fees are not refunded.

Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.

Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sel[ Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.

No tipping is a(lowed on Yiftee eGift Cards.

Yiftee Community Card Customer Agreement, Revised 2022-08-11 94 Attachment D
( S o U 7 h
South Gate, CA
For more details and how it works visit: https://app.yiftee.com/community/south-gate-ca-south-gate (https://app.yiftee.com/community/south-gate-ca-south-gate) This gift card can be redeemed at the 33 locations listed below:

Name
Ashley's Nail Salon & Spa
Awards You Will Remember
Beauty salon and edication Ilc
Blossom & Vine Floral Designs
Boba Tree
Buena Mesa
Address
3924 Tweedy Bl., South Gate, California, 90280
3340 Tweedy Blvd., South Gate, California, 90280
8183 seville ave, South gate ca, California, 90280 3904 Tweedy Blvd, South Gate, California, 90280
8934 STATE ST, South Gate, California, 90280
5861 Firestone Blvd suite A, South Gate, California, 90280
Phone
(323) 487-5190
(323) 537-6389
(323) 568-9623
(323) 996-5105
(213) 434-0046
(562) 577-6367
Byte Computers 8429 California Avenue, South Gate, California, 90280
(323) 594-9897

CAKE & COFFEE HOUSE

COFFEE & CHISME
EL PESCADOR # 8 (FAMILIA ORTIZ)

EXLUSIVE PARTY RENTALS &

DECOR LLC
Eatgud
Elgueas Cleaners
Eman Computers
Exotics Only
Flipping byrds
3411 TWEEDY BLVD, South Gate, California, 90280 (323) 749-O"l19 8450 STATE ST, South Gate, California, 90280 (323) 483-0296 9535 LONG BEACH BLVD, SOUTH GATE, (323) 564-7993 California, 90280
8464 STATE STREET, SOUTH GATE, California, (323) 420-1276 90280
3008TweedyBlvd,SouthGate,California,90280 (323)459-4508 8452 1/2 State St, South Gate, California, 90280 (323) 566-152al 4070 Tweedy Blvd, Suite H, South Gate, California, (323) 405-2797 90280
8330 Long Beach Blvd, South Gate, California, 90280 (323) 240-9474 4322 tweedy Blvd, South Gate, California, 90280 (323) 763-2075 95 Name
Freddy's Market
Fun Moments Party Rental
Guajillo Restaurant
Haus of Divine
IVital Health
Lift Nutrition Spot

MARISCOS Y PALETAS CANCUN

MAYA'S BEAUTY SALON
Address
3433 Tweedy Blvd, South Gate, California, 90280
2500 Firestone Blvd, South Gate, California, 90280 8534 Long Beach unit D, South Gate, California,
90280
3472 Tweedy Blvd, South Gate, California, 90280
3323 Tweedy Blvd, South Gate, California, 90280
80'l5 Long Beach Blvd Suite E, South Gate,
California, 90280
5720 IMPERIAL HWY' UNIT D, SOUTH GATE,
California, 90280
3343 TWEEDY BLVD, SOUTH GATE, California,
90280
Phone
(323) 564-2723
(323) 635-9102
(323) 538-7797
(562) 488-0243
(562) 640-8279
3232159765
(562) 659-7116
(323) 316-8704

MELISSA'S MINI MARKET & PARTY
SUPPLY
MILK + COOKIES
Maytor Business Solutions Inc

RESTAURANT PALOS
Rio Foods, Inc.

SOUTH GATE PACK N' SHIP
Solis Calzado Mexicano

TOP DOG PET STORE
Tony's Restaurant & Mariscos
8482 STATE STREET, South Gate, California, 90280 (323) 204-6235 4331 TWEEDY BLVD, South Gate, California, 90280
8432 State st, South Gate, California, 90280
8419 STATE STREET, South Gate, California, 90280
8411 State Street, South Gate, California, 90280
3848 TWEEDY BLVD # B2, South Gate, California,
90280
3417 Tweedy Blvd, South Gate, California, 90280
9932 ATLANTIC AVE, South Gate, California, 90280
3605 Tweedy Blvd, South Gate, California, 90280
(323) 996-5179
(562) 366-0734
(323) 830-9270
3234767763
(323) 581-1555
(323) 409-0940
(323) 629-2763
(323) 538-7054
96 Item No. 6
DITYMANAa!R18 0FFICE
MAY I 7 2023 Cil of South Gate

CITY COUNCIL
A(3ENDA P)"J[LL
For the Regular Meeting of: May 23, 2023
Originating Department: City Manager's Office
Police Lieuteiiant:

Evelyn Garcia
City Manager:
%ris Je,fers
SUBJECT: REIMBURSEMENT AGREEMENT RENEWAL WITH THE CITY OF

BELL TO CONTINUE SHELTER BED PROGRAM BY THE SALVATION ARMY BELL

SHELTER
PURPOSE: ToreceiveapprovalbytheCounciltorenewthereimbursementagreementbetween the Local Coordinating Alliance 1 ("LCAI") cities and the City of Bell to continue the Shelter Bed Program by the Salvation Anny Bell Shelter in the amount of $31,379.

RECOMMENDED ACTION: The City Council will consider:
a. Approving the renewal of the Reimbursement Agreement between the LCAI Cities and the City of Bell for shelter beds in the Salvation Army Bell Shelter in an amount not to exceed $31, 379 provided that the LCAI cities have each approved the Agreement; and b, Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney, subject to the required approvals stated above.

FISCAL IMPACT: There is no impact to the General Fund. City Council appropriated American Rescue Plan Act ("ARPA") funds for projects and programs that house individuals and families.

The term of the Reimbursement Agreement ("Agreement") is for July 1, 2023, to June 30, 2024.

The total estimated cost for the shelter beds in the Salvation Army Bell Shelter ("Bell Shelter") is $751, 032 ($57 a day), and is to be funded with a Measure H Innovation Grant reimbursement from the Gateway Cities Council of Governments ("COG") of $500,000, and $251,032 which is being equally divided and paid for by the participating 8 LCAI cities, resulting in a maximum estimated cost to the City of South Gate ("City") of $31,379.

ANALYSIS: On May 2, 2022, the City Council approved an agreement with the City of Bell and the 8 LCA 1 cities of Bell, Bell Gardens, Commerce, Cudahy, East Los Angeles, Huntington Park, Maywood, South Gate, Vernon, and Walnut Park for a Shelter Bed Program ("Program"). The Program initiated services with its first client intake on July 13, 2022. Prior to the initiation of the Program, the City's only available resource to serve unhoused individuals was the overburdened regional Continuum of Care ("COC") system, which limited the LCAI City's ability to directly address local homelessness issues based on the availability of shelter beds at the moment of client need.
1 97
The LCAI cities and unincorporated areas surrounding the Bell Shelter face a disproportionate homelessness impact. Unhoused individuals that are transported to the Bell Shelter from the Greater Los Angeles County region may not successfully transfer to permanent housing because they do not accept the mental health or drug and alcohol treatment services or refuse to confon'n to the rules necessary for a safe and orderly living environment for residents of the Bell Shelter.

As a result of these personal choices, and despite the best efforts of the Bell Shelter staff, these individuals may increase the unhoused population in the LCAI cities, the surrounding unincorporated communities, and in the adjacent Los Angeles River channel. Improved subregional coordination between the affected Southeast Los Angeles ("SELA") area LCAI communities, Los Angeles County Supervisorial District 1, the Bell Shelter, the COG, and existing regional agencies and nonprofit service providers is necessary to address the complex issue of homelessness in a manner that improves quality of life in the SELA subregion and improves the efficiency and effectiveness of existing regional services for the unhoused.

As a recognition of the unique impacts of homelessness in the SELA area around the Bell Shelter, the Program has provided a secure source of thirty-six (36) shelter beds (either low barrier beds or bridge beds depending on the acuity of the unhoused individual's service needs) that the participating LCAI cities can access in addition to the COC system.

The City of Bell proposed a continuation of the Shelter Bed Program through June 30, 2024, by the Bell Shelter under the same tenns and conditions as the original agreement and the Bell Shelter has agreed. The City of Bell is now seeking the participation of the LCAI cities to continue the Shelter Bed Program through June 30, 2024.

The cost per bed/per day for the program will remain the same, fifty-seven dollars ($57) for a mix of low barrier crisis shelter beds and bridge shelter beds. At this cost rate, the total for this program is $751,032. If the City of Bell was awarded $500,000 in Measure H Innovation Grant Funds from the COG to support this Program and reduced the cost to the LCAI cities to $251,032.

This Agreement includes the option to terminate for convenience by any party with a tliirty (30) day written notice. If issues occur with reimbursement from the LCAI cities, or if the program does not successfully address subregional needs, the program may be terminated.

Existing Program Data:

As of July 13, 2022, one hundred eleven (111) clients have been supported by the thirty-six (36) beds in the Program (1 11% of the targeted one hundred (100) clients proposed to be served in Year 1 of the) with an average stay of sixty-four (64) days in the shelter by client. Twenty-seven (27) of the Ill clients are from the City.

As of May 17, 2023, the City has seven (7) clients in the program that have resided in the shelter from 12 to 242 days. Three (3) clients are at-risk of exiting the program through reaching the maximum residency limit of 270 days. Seventeen (17) clients left because they refused to participate in program services (AWOL or violation ofprogram rules), one (1) voluntarily checked out, one (1) was asked to leave due to threats of violence. However, one (1) has been placed in permanent housing.
2 98
As of April 20, 2023, there was a population of thirty-six (36) clients in the thirty-six (36) LCAI shelter beds (100% of capacity, 90% is target population due to public safety reserve of 10%) and remain at full capacity to the current date. There have not been any issues with maintaining the program close to 90% capacity, and no beds have been offered to other SPA 7 cities, as LCAI cities have consistently filled the shelter beds.

Between all 8 LCAI cities, there have been seventeen (17) clients that have exited the program into housing.

LCAI Housed Exits
Interim Housing
Pennanent Housing
Temporary Housing
Sober Living Home
DMH Bed Exit
Clients Housed b-y
Type
10 2
3 1
1 % of LCAI Total Avg Stay in
Days

9.01% 153

1. 80% 15

2. 70% 62

0.90% 48

0.90% 35
There have been sixty-three (63) clients that have exited the program for other reasons.

LCAI Other Exits
Absent Without Leave
Threats of Violence
Voluntary Exit
Violation of Program Rules
Not Eligible for Extension
No Client Participation
Clients Exited by
Type
40 8
5 8
1 1
% of LCAI Total

36.04%

7.21%

4.50%

7.21%

0.90%

0.90%
Avg Stay in
Days
33 47
17 36
28 114
BACKGROUND: The City is a participant in the COC system that provides shelter beds for all of Los Angeles County under LAHSA's Coordinated Entry System ("County CES"). Without an available bed in the County CES system, unhoused individuals are not able to receive services or shelter. The COC system faces a demand level for shelter beds that is not met with the existing inventory, as many cities do not provide shelter beds within their city limits.

The Bell Shelter is located within the city limits of the City of Bell and the shelter receives unhoused residents from the regional COC system. The Bell Shelter is one of the largest shelters in the nation, and the shelter provides a significant portion of the region's shelter beds. The Bell Shelter complex provides a variety of supportive services and housing options; shelter beds are only one segment of the critical regional resources provided. The shelter beds at the Bell Shelter are funded through contracts with agencies such as LAHSA, the Veterans Administration, and the Los Angeles County Department of Mental Health (DMH). Existing contracts provide most of the operations revenue for the Shelter, and without these contracts, it would not be able to operate. 3 99
In 2018, the Ninth Circuit court held in Martin v. Boise that a city cannot prosecute homeless individuals for sleeping in public places when there are more unhoused individuals than available shelter beds. As aresult, to execute sanitation cleanups and maintain public health and safety, cities need to know how many shelter beds are available to them, and public safety agencies need access to shelter beds on an emergency basis. An opportunity for a person to receive care and shelter, may be lost if a police officer does not have access to a shelter bed for that individual. If the willing, unhoused individual can be provided a shelter bed, their access to medical care, mental health care, drug and alcohol counseling, and permanent housing are significantly improved.

ATT ACHMENT: Proposed Agreement
4 100

REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ffl BELL SHELTER THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of June g, 2023 ("Effective Date") by and among the CITY OF BELL, a California charter city ("Bell"), the CITY OF BELL GARDENS, a California general law city ("Bell Gardens"),the CITY OF COMMERCE, a California general law city ("Commerce"), the CITY OF CUDAHY, a California general law city ("Cudahy"), the CITY OF HUNTINGTON PARK, a Califomia general law city ("Huntington Park"), the CITY OF MAYWOOD, a California general law city ("Maywood"), the CITY OF SOUTH GATE, a California general law city ("South Gate"), and the CITY OF VERNON, a California charter city and municipal coi'poration ("Vernon"), collectively referred to herein as the "LCAI Members" and/or the "Parties".

RECITALS
A. The cities of Bell, Bell Gardens, Comi'nerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coordinating Alliance 1 ("LCAI"), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governi'nents for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 ("SPA 7"). The LCAI Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.

B. Los Angeles County (First Supei'visorial District) ("County") will separately participate with The Salvation Army for the same services as set forth herein pursuant to a separate agreement directly with the Salvation Army Bell Shelter.

C. A "Shelter Bed" is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Anny Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended to provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building IE. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B forparticipants who prefer to live in a more stable environment. The 101
number of beds provided in each housing type will be flexible to accoinmodate the shifting needs of the participants at any time.

It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.

Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority's ("LAHSA") Homeless Management Infornnation System ("HMIS"). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.

The LCAI Members currently participate in the Los Angeles County Coordinated Entry System ("County CES"), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.

Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be irni'nediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCAI Members, in recognition of the local impacts of homelessness experienced by the LCAI Members.

The LCAI Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCAI Members seek to assist.

H. This pilot program will require a great deal of cooperation among the LCAI Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.

The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.

The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCAI Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCAI Members' homeless population, based on certain conditions. 01 135.0001/536707.2 -2-
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The City of Bell will take the lead on behalf of the LCAI Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation An'ny Shelter through a Homeless Liaison (as such teri'n is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.

To this end, the City of Bell and The Salvation Army, a California corporation ("Salvation Army") have entered into an agreement, dated June 0, 2023, as set forth in Exhibit A (the "Salvation Army Agreement"), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCAI Members' homeless housing population.

Separately, the City of Bell, as lead agency, applied for and received a $500,000 Measure H Innovation Fund Grant ("Measure H Grant") from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCAI Members. With Measure H Grant 'funds, the total estimated cost of the Salvation Anny Agreement to the eight (8) participating LCAI Members would be reduced by sixty-seven percent (67%) from $751,032 to $251,032. In return for the Measure H Grant award, the LCAI Members agree that if the thirty- six (36) Shelter Beds cannot be filled by the LCAI Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCAI Members may not exceed fifty percent (50%) of the tirty-six (36) Shelter Beds, which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 coinmunities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.

M. The City of Bell shall appoint an individual to serve as a liaison to all LCAI Members and the County (the "Homeless Liaison"), and shall work with the participating LCAI Members and the County to coordinate the use oftheprioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.

The Shelter Beds are designed to provide the LCAI Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCAI Members are experiencing. If any individuals choose to leave a placement at the Salvation Anny Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCAI Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
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0. The LCAI Members agree that the costs of this Agreement will be shared equally among all of the LCAI Members and they shall be required to pay their equal share each month during the temi of tliis Agreement. If a LCAI Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to corni'nunities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell). The intent of the LCAI Members is to retain a minimum of eight (8) participating entities, in order to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (90%) occupied during the term of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:

Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.

Section 2. Term; Termination.
(a) The term of this Agreement will commence on July 1, 2023 and end on June 30, 2024 (the "Term") for a total of 366 days.
(b) In addition, this Agreement may be terminated after July 1, 2023, (i) at the convenience of any LCAI Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.

The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the teri'ns of this Agreement (which, at the City of Bell's discretion, may require an amendment to this Agreement).
(c) . In the event of any tei'mination by a LCAI Member after July 1, 2023, and a replacement SPA 7 city is not immediately available to take such terminating Party's share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCAI Members) provided in Section 3 below shall be adjusted accordingly.

Section 3. Cost and Payment. It is agreed and acla'iowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and/or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Anny Bell Shelter for any LCAI Member's homeless population, each LCAI Member shall be required to pay the monthly 0 1135.0001/536707.2 -4-
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amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Anny without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCAI Members for such month, then the City of Bell sl'iall promptly refund any such overcharge to each of the LCAI Members on an equal basis.

As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.

Total Agreement Cost
The total cost of the Salvation Atmy Agreement is $751,032 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 366 days.

The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $251,032.

Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty (40) under this pilot program.

The eight (8) LCAI Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8I]1) share. Each of the eight (8) LCAI Members will be billed a maximum of $31,379 of the remaining Agreement after Measure H Iru'iovation Grant reimbursement of $251,032.

Monthly Invoice
The City of Bell, as lead agency, will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCAI Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.

Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCAI Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army 01 135.0001/536707.2 -5-
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Bell Shelter. The purpose of this pilot program is to increase coordination and coinmunication on homelessness within the LCAI subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Anny of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCAI Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCAI Member. This distribution equals eight (8) LCAI Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from apublic safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the prioritypublic safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCAI Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCAI Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCAI Member SPA 7 placements at any one time. The LCAI Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran's Administration program shelter beds, Department of Mental Healthprogram shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the thirty-six (36) prioritized Shelter Beds under the Salvation Anny Agreement. The LCAI Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCAI Members' homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each day there shall be an analysis ofthe occupancy of ShelterBeds and allocations will bemade available to each of the LCAI Members through the Homeless Liaison in coordination with the LCAI Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCAI Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the 'Jull and efficient use of the thirty-six (36) prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCAI Members by the City of Bell and/or the Homeless Liaison after the Effective Date and a secondary sixty (60) day use analysis will be 01 135.0001/536707.2 -6-
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provided to the LCAI Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.

Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Ari'ny Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact forthe Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation An'ny Agreement, the Salvation Amiy Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter's daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCAI Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call21l (www.21lla.orgl to find suitable shelter or motel options for families in need. The Salvation An'ny Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability ofthe shelter to perform intake outside ofregular business hours.

A'fter hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated, they must remain in quarantine until two negative COVID- 01 135.0001/536707.2 -7-
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19 tests are received. The second test occurs seven to eight days after the first, with results generally available witliin three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCAI Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCAI public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to detennine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation An'ny Bell Shelter staff to deteri'nine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCAI Member's proposed participant/homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCAI cities and, ii) a quarterly report to the LCAI Members and the Gateway Cities Council of Governrnents.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work - e.g. not disabled or retired) will be employed by the expected exit date and, iii) tliirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved Section 6. Defaults and Indemnification Provisions. 01 135.0001/536707.2 -8-
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(a) Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in iini'nediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific perfon'nance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific perfori'nance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent pen'nitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Arnny, arising out of or in coru'iection with any defaults or failures asserted under the Salvation Ari'ny Agreement against the City of Bell, and/or the City of Bell's negligent perfori'nance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indeinnified Parties' negligence or willful acts or omissions. The indeinnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive terinination of this Agreement.
(c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties' respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in coru'iection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance ofthe activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation An'ny Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstandinganythingtothecontraryherein,intheeventanyoftheParties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.

Section 6. Miscellaneous Provisions.
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(a) Notices. All notices or other corni'nunications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other comi'nunications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, tlie addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys' Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation An'ny Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Atmy Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. (c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a California charter city
Name:

Title:

Address: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYISTDER, LLP
David J. Aleshire, City Attorney
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CITY:

CITY OF BELL GARDENS,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF COMMERCE,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF CUDAHY,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:
01 135.0001/536707.2
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CITY:

CITY OF H{JNTINGTON PARK,
a California general law city
B7:

Ngme:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF MAYWOOD,
a Califomia general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:
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CITY:

CITY OF SOUTH GATE,
a California general law city
By:

Name: Maria del Pilar Avalos
Title: Mayor
Address: 8650 California Avenue, South Gate, CA 90280 ATTEST:

BY:

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

Public Safety Contact:

Staff Contact:

CITY:

CITY OF VERNON,
a California charter city
By:

Name:

Title:
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Address:

Public Safety Contact:

Staff Contact:
0 1135.0001/536707.2
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afflMANAffl!Rl!lOW?fll Item No. 7
MAY 17, 2023
6"14r- Ciffl ofSouth Gate

CITY COUNCIL

AGENDA BNLL
Department Director:

For the Regular Meeting of: May 23, 2023
Ori a Department: Public Works
ciywanager:CAriJb
Cervarttes Chris Jeffers
STJBJECT: AGREEMENT WITH CSI SERVICES, INC., FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE HAWKINS NORTH AND SO[TI'H TANK REHABILn'ATION, (.IllY PROJECT NO. 645-WTR PURPOSE: To award an agreement to CSI Services, Inc. ("Agreement") retroactively effective to May 15, 2023, to provide construction management and inspection services for the Hawkins North and South Tank Rehabilitation, City Project No. 645-WTR ("Project"), which is scheduled to begin construction in May of 2023.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with CSI Services Inc., to provide construction management and inspection services for the construction of the Hawkins North and South Tank Rehabilitation, City Project No. 645-WTR in an amount not to exceed $113,390; 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 proposed Agreement is in the amount of $113,390 and is proposed to be funded with Water Funds. The project budget is summarized below.

Pro,ject Budget Water Fund
Design Phase $128,890
Construction Phase
Construction Contract $3,432,764
Construction Contingency $400,000
Construction Manage-ment $113,390
Construction Manag- ement Contingency $50,000
Pro,iectManagemen-tandStaffTim-e - $50,000
Unprogramme-d Funds $107,720
Total Pro,iect Budget $4,282,764
ANALYSIS: Construction of the Project is scheduled to begin in May 2023 and take ten months to complete. The services of a consultant are necessary to manage and inspect construction, due to the technical expertise required, complexity of the work, and engineering resources needed to oversee ten months of construction activities. The proposed Agreement is recornrnended for CSI 1 116
Services, Inc. (CSI), which was procured through a competitive Request for Proposal process.

Services include those needed to oversee the project during construction such as construction management and inspection, engineering support, and coating testing to ensure the project is constructed in accordance with the design and construction documents. The proposed contract amount is $113,390. The fee is reasonable and within the acceptable industry standards for a project of this magnitude
The proposed Agreement is retroactive to May 15, 2023, which was necessary to provide consultant support for the pre-construction meeting held on May 16, 2023.

BACKGROUND: The Hawkins North and South Tank Rehabilitation Project is budgeted in the FY 2022/23 Capital Improvement Program. The project improvements include recoating the two existing 2.5-million-gallon water tanks, reconstruction of tank overflow and roof access, and replacing the existing perimeter fencing to enhance security. The project is ready for construction for which a construction management services contract is needed.

On March 2, 2023, a Request for Proposals (RFP) for construction management and inspection services was released to five qualified consulting firms. On April 10, 2023, proposals were due and only one was received in the City Clerk's Office. The proposal was submitted by CSI with fees proposed in the amount of $113,390.

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, CSI has the qualifications to provide the required services. CSI offers the following:
* Reasonable Fees - CSI's $113,390 fee proposal is reasonable. It is less than 10% of the project budget, which is the industry average.
* Qualified Project Manager - Has worked for over 30 years as a coating inspector and/or project manager verifying the quality of coating or lining inspection projects in water, wastewater, and petrochemical environments, and has been involved in over 1,000 tank projects.
* Team Experience on Similar Projects - CSI has 20 years of experience in design services as well as Inspector and Project Manager in steel tank recoating and rehabilitation projects for the City of Long Beach, Eastern Municipal Water District, Santa Clarita Valley Water Agency, etc. Projects also include evaluation of different steel water storage tanks for development of a tank maintenance program following both dry and underwater surveys, work prioritization, and budgeting.

Construction is planned to begin June 2023 and be completed in ten months.

ATT ACHMENTS: A.

B.

Proposed Agreement
Location Map
AA:lc
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Attachment A

AGREEMENT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR HAWKINS NORTH AND SOUTH TANK REHABILITATION, CITY PROJECT NO. 645-WTR BETWEEN THE CITY OF SOUTH GATE AND CSI SERVICES, INC.

This Agreement for Professional Services for Construction Management and Inspection Services for the Hawkins North and South Tank Rehabilitation, City Project No. 645-WTR ("Agreement") is made and entered into on May 15, 2023, by and between the City of South Gate, a municipal corporation ("City"), and CSI Services, Inc., a California corporation ("Consultant"). The 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 relating to construction management and inspection services; 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 the sum of One Hundred Thirteen Thousand, Three Hundred Ninety Dollars ($113,390) 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 the City Manager 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) 5116863.1-L235.0 (Form Rev. 9/8/21)
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days of receipt of the invoice.

2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.

3. TERM OF AGREEMENT. This Agreement is retroactively effective May 15, 2023, and will remain in effect for 18 months, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

4. CITY AGENT. The Assistant City Manager/Director of Public Works ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.

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

Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.

5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage, or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.

6. GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving fi:tteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is tertninated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.

6.2 Termination for Cause.

6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
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a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.

6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.

6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6. 1. above.

6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.

6.4 Non-Discrimination.

6.4.I Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are 120
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employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.

Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services iuider this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.

6.5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:

6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. 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.
b. Name and list as additional insured the City, its officers, and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material 121
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change.
e. Cover the operations of Consultant pursuant to the terms of this Agreement.

6.5.3 Professional liability insurance with a limit of not less than $1,000,000 per claim and $5,000,000 annual aggregate.

6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third panies not acting on behalf of, at the direction of, or under the control of Consultant.

6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, without regard to conflict of law principles.

6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.

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

6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
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6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.

6.9 Consultant's Personnel.

6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.

6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.

6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.

6.10 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 Consultant.

6.11 Legal Construction.

6.11.1 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 without regard to conflict of law principles.

6.11.2 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 123
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against the drafting party shall not be applicable to this Agreement.

6.11.3. 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.

6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.

6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall beany negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub-consultants, and agents. 6,14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the costthereof shall be charged to Consultant. 6,15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant 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 thisAgreement.

6.16 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 oftime for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No 124
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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.

6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.

6.18 Severability. 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.

6.19 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, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.

6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, 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 amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.

6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY:

City of South Gate
Arturo Cervantes
Assistant City Manager/Director of Public Works
8650 California Avenue
South Gate, CA 90280
Email: acervantes(Qsogate.org
TEL: (323) 563-9567
WITH COURTESY COPY TO:

City Clerk's Office
Yodit Glaze
City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze@,sogate.org
TEL: (323) 563-9510
/O 125
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TO CONSULT ANT:

Patrick Sweeney, President
CSI Services, Inc.
p.o. Box 801357
Santa Clarita, California 91380
Email: [email protected]
Tel: (877) 274-2422

6.22 Warranty of Authorized Signatories. Each of the signatories hereto wanants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.

6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.

7. EFFECTIVE DATE. The effective date of this Agreement is May 15, 2023, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
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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:

Raiil F. Salinas, City Attorney
CSI SERVICES, INC.:

By:

Patrick Sweeney, President
Dated:
/2. 127

EXHIBITA

EXHIBIT A

SCOPE OF WORK

PROFESSIONAL SERVICES DURING CONSTRUCTION

HAWKINS NORTH AND SOUTH TANK REHABILIT ATION
CITY PROJECT N0. 645 - WTR
I. PURPOSE
The City of South Gate (City) seeks the services of an engineering consultant to provide professional services during construction for the Hawkins North and South Tank Rehabilitation, City Project No. 645 - WTR (Project).

The project is currently in bidding phase. Consultant shall provide technical assistance, construction management and inspection services during project construction.

II. Project Schedule
The City plans to commence the construction of the proposed facilities in April 2023.

The specification provides for 300 calendar days of construction including the Optional Work. Consultant shall also include 30 additional calendar days beyond the 300 calendar days for inspection and administration services needed to close out the project. The Consultant's proposal shall include an estimated time schedule for completion of the services from the date of contract.

III.Project Description
The City has a long-term, tank maintenance program to recoat steel water storage tanks, install seismic upgrades, and cathodic protection systems. As part of this program, the City plans to complete the upgrades for Hawkins Reservoirs. The Hawkins Reservoir site is located at 9021 West Frontage Road, South Gate, CA 90280, adjacent to 710 Freeway on ramp at Firestone Boulevard (Exhibit 1 shows the location and layout of the site). The Hawkins Reservoir Site contains two interconnected 2.5 MG steel tanks built in 1985.

Each tank is 43 feet tall and 106 feet in diameter, with base elevations of approximately 107.5 feet. The inaximum high-water level is 38 feet. Two onsite groundwater wells, Wells 24 and 25, feed the tanks. The tank discharge pipeline supplies suction to the onsite Hawkins booster pui'np station, located in a building. The tank is internally coated with coal tar enamel and the tank exterior is epoxy coated. The two tanks are equipped with intrusion alarms and level sensors.

These tanks were inspected recently. Inspections showed that the coal tar coating inside the tank may be damaged and require recoating (Tank Inspection Reports). Also, some corrosions were visible at anode holes on the tank roof. The magnesium anode based cathodic protection system installed at the tank is currently not in service.

Exhibit "A"' - Scope of Work A-1
128
IV. Project Scope
Please see construction plans and specifications detailed tasks of this project.

Summary of Work
A. Non-Optional Coating and Painting Work necessary for Hawkins North and South Tanks:

1. Coal tar enamel present on the bottom surfaces and lower 15 feet of the shell shall be removed.

2. Remove all interior coating by abrasive blast cleaning.

3. Apply a three-coat epoxy coating system to all interior surfaces above the bottom.

4. Apply a 100% solids epoxy coating system to all interior bottom surfaces and lower 2 feet of the shell and columns.

5. Apply a flexible sealant to inaccessible voids as designated by the Engineer including, but not limited to, all roof lap seams and column bases.

6. Wash down interior surfaces and disinfect complete interior.

7. Remove all exterior paint from roof, shell, and appurtenances by abrasively blast cleaning or other approved method.

8. Apply specified epoxy/urethane paint system to all exterior surfaces and appurtenances.

9. Apply a flexible sealant around the entire perimeter of the tank.

10. Test, handle, and dispose of hazardous and nonhazardous painting wastes generated from interior coating and exterior painting operations in conformance to all regulations, including providing documentation of environmental compliance with regards to testing and disposal of all waste streams.

B. Non-Optional Structural Work necessary for Hawkins North and South Tanks:

1. Remove and dispose of existing priinary roof hatch and fabricate and install a 36" x 36" roof hatch.

2. Rei'nove and dispose of existing center vent and furnish and install a 48" center vent, reinforcing plate, and roof plates, in accordance with the plans.

3. Furnish and install a new auxiliary vent. Install CP hole Caps.

4. Remove the top rung on the existing interior ladder.

5. Furnish and install a new galvanized steel Saf-T-Climb fall prevention device on the interior ladder.

Exhibit "A" - Scope of Work A-2
/-f 129

6. Remove and dispose of existing exterior ladder, cage, and ladder platform on the South Tank and install a new stairway on the South Tank.

7. Modify the exterior ladder, cage, and ladder platform on the North Tank.

8. Furnish and install a walking bridge between the North and South Tanks.

9. Furnish and install new guardrails.

10. Furnish and install fall restraint cables, attachments, and necessary mounting hardware.

11. Remove and dispose of all existing tie-rods and furnish and install lateral bracing at the midspan of the rafters in the outer roof bay.

12. Remove and dispose of the existing overflow and furnish and install a new overflow and concrete splash pad.

13. Furnish and install a new flush-type cleanout.

14. South Tank Only: Remove and dispose of existing liquid level indicator (LLI) board and furnish and install a half-travel LLI board.

15. Remove designated existing fence around the property and install

16. new wrought iron fence, concrete curb, rolling gate, and walk- through gate.

17. Install concrete curb under the existing wrought iron fence.

18. Cut existing bottom drain, slurry fill abandoned pipe and sump, and install patch plate over entire sump.

C. Optional Work necessary for Hawkins North and South Tanks:

1. Tie into the existing inlet/outlet piping and furnish and install new 18" inlet/outlet piping, including flexible expansion connection.

2. Furnish all labor, materials, and equipment to use dehumidification system for interior work.

3. Furnish and install a new galvanic cathodic protection system.

4. Fill or weld plates over pitted areas or excessively corroded surfaces, as determined necessary by the Engineer.

5. Excessively corroded areas on the rafter flanges and structural members that comprise of sharp edges froin sandblasting shall be ground smooth and rounded, as determined necessary by the Engineer.

6. Furnish all labor, materials, and equipment to abrasively blast clean severely corroded areas, as determined necessary by the Engineer.

7. Remove and replace severely corroded nuts and bolts, as determined necessary by the Engineer.

8. The existing concrete ringwall foundation at each tank shall be widened, including epoxy-dowels tying to existing foundation and new foundation together.

Exhibit "A" - Scope of Work A-3
t6' 130
V. Preliminary Task Description
TASK A: NON-OPTIONAL TASKS
Task No. 1: Project Management
General Administration:

1. At the beginning of this project, a work plan will be prepared to set forth the significant milestones and deliverables to ensure compliance with the established project execution strategy and project goals. Presentation and review of the work plan will be done at the kickoff meeting. Consultant shall forward an updated work plan to the City on a regular basis.

2. Use sound engineering criteria in the administration of the Project. Consultant shall also be responsible for the accuracy of the calculations performed on the Project.

3. The Consultant along with the project team and subconsultants shall coordinate efforts of the Project, monitor schedules and budgets, and administer the contract with the City.

B. Meetings

1. At the commencement of the project, the Consultant will hold a "kickoff" meeting with the City staff to discuss the scope and parameters of the project as well as City's experience with the existing facilities. Specific goals to be accomplished will be identified and an effective strategy to accomplish the project goals will be developed during this meeting. Prepare a memorandum to document the established project goals and the project execution strategy. This memorandum will serve as the basis for subsequent action in accordance with this Scope of Work.

2. The project engineers assigned by the Consultant and the City shall meet on a regular basis after the kickoff meeting during the Project. Consultant shall assign appropriate engineering specialty staff or principals or arrange for appropriate subconslutant's representatives to accompany the project engineer, to meet with City staff members whose responsibilities correspond to the specialties of the persons accompanying the project engineer.

3. Include in the engineering fee the time and cost of meetings with the City to establish an orderly development of the Project.

4. Record the minutes of all meetings and submit a copy of the minutes to the City within five (5) working days after each meeting.

Exhibit "A" - Scope of Work A-4
131
Task No. 2: Construction Engineering Support

1. Provide general contract administration for the construction of the Project. Provide office engineering and consultation, as required and coordinate with the City and other staff in management of the construction contract.

2. Interpret the contract documents through Request for Infori'nation/Request for Clarification (RFI/RFC)

3. Review all construction shop drawings for complete and strict conformance with the contract plans, specifications, and docui'nents. Consultant shall assure itself that any deviations or substitutions submitted by the contractor shall be equal to or of better quality than specified in the contract documents. Consultant shall make its recommendation and review with the City staff all substihitions and receive concurrence prior to approving any substitution. Consultant shall submit to the City two (2) copies of all preliminary and final shop drawings that have been reviewed for conforinance.
a) Coordinate and direct testing of equipment, materials, and appurtenances for conformance with design concepts and the construction contract plans, specifications and documents. Those tests shall be conducted by the vendor or contractor to assure conformance with the designer's intent and operational criteria. Consultant shall review and evaluate said tests and make appropriate recommendations to the City prior to the installation of equipment and the acceptance of the constructed or furnished facilities. b) Coordinate and assist in verification of intermediate and final acceptance.

Final acceptance shall require all the components for the facility to be fully operational, including necessary testing, stait-up and jurisdictional transfer of all or the respective portions of each substantially completed facility from its construction phase to City operational phase.

4. Prepare supplementaiy sketches and details as required to resolve field construction problems that may be encountered.

Resident Engineering - Consultant shall perform the following:

1. Provide part-time equivalent resident engineer with minimum 20 years of experience in tank inspection and coating projects. Resident Engineer shall be on-call 24-hours a day, seven days a week during construction.

2. Meet bi-weekly with City staff to update Project status and schedule. Submit an updated schedule at each meeting. The schedule shall be prepared on Microsoft Project or some similar software.

A-5Exhibit "A" - Scope of Work
132

3. Clari'fy construction changes and irregularities.

4. Submit Contractor's progress pay requests to City for approval after review for conformance with the contract documents

5. Negotiate, prepare, and process change order(s) and/or extra work order(s) as needed.

6. Review up-to-date construction information recorded by Project inspector(s) during the course of construction to be used in preparation of the construction record drawings.

7. Record Drawing Preparation - Consultant shall perform the following:

1. Record up-to-date construction information during the course of construction to be used in preparation of the construction record drawings.

2. Prepare "record" drawings by marking all changes on original drawings to be provided by the City and submit one (1) full-size copy of "record" drawings along with return of said mylar drawings.

Task No. 3: Construction Inspection

1. Provide inspector with minimum 15 years of experience in tank inspection and coating projects to observe the contractor's construction progress, attend meetings with the City and the contractor regarding project schedules. Inspector shall be on-call, 24-hours a day, seven days a week during construction.

2. Inspector shall be on-site on a part-time basis when the contractor is working.

3. Furnish progress reports and final construction report.

4. ASSiSt in qriality assurance in achieving conformance with the contract drawings and specifications.

5. Maintain daily construction progress reports, project logs, photos, etc., of the progress of the construction work. Consultant shall submit the following weekly documents to the City:
a) A copy of the daily construction progress reports and project logs. b) A summary of the construction progress for the prior reporting period. c) One set of photographs taken with Digital Camera shall be submitted to the City at least once per monthly to show weekly progress.

A-6Exhibit "A" - Scope of Work
133

7. Establish a punchlist during construction. Update the punchlist as construction progresses. Prepare subsequent and final inspections of the punchlist items completed by the Contractor.

8. At the conclusion of the Project, submit one complete set of construction progress photographs indicating scope of work and critical elements, mounted, identified, and indexed in notebook form.

Task No. 4: Coating Testing and Inspection
Testing and Inspection During and After Application:

1. The Coating Inspector shall provide anchor profile measurements, blast hose pressures, and type/percent mixture of the abrasive, and shall check the compressor air cleanliness.

2. The Coating Inspector shall provide a written record of the quantity of coating material applied and the corresponding surface area covered, a description of the area coated, each coating product batch number, atmospheric temperature, dew point temperature, surface temperature, ambient temperature, relative humidity, and names of applicators on a daily basis.

3. The Coating Inspector shall provide wet film and dry film thickness readings, results of the holiday testing, and shall note any discrepancies with the coating Specifications.

4. Surfaces prepared as described in this Specification and per the manufacturer's recommendations shall be observed by the Coating Inspector prior to application of coatings to verify compliance.

5. Upon completion of work by Contractor, conduct a full inspection and generate a punchlist of deficiencies for distribution to the City and the Contractor.

Conduct final inspection and recommendation for acceptance when 'full compliance is achieved.

6. Reports: Monitor contractor's activities and progress. Reports shall include, but not be limited to, the following:
a) Equipment on site.
b) Materials.
c) Environmental conditions.
d) Removal of existing coating and surface preparation.

Exhibit "A" - Scope of Work A-7
134
e) Monitor removal of material from jobsite.
f) Coating application.
g) Dry film thickness.
h) Holiday testing.
i) Photographs.
j) Final report including all data.

TASK B - OPTIONAL WORK
The City reserves the right to exercise its option to delete or proceed with all or some of the optional construction bid items. Include in the proposal the costs for the services related to the Optional Work in the construction contract. Consultant shall also include 30 additional calendar days beyond the 300 calendar days for inspection and administration services if the City decides to include all Optional Work in the construction contract. If the City decides not to include all of the Optional Work in the construction contract, some of the hours in the service agreement shown below will be removed based on the needs. The consultant shall identify the amount included in the fee proposal attributed to the Optional Work in the original fee proposal as well as a separate summary as the City plans to negotiate these changes prior to the award of Professional Services contract.

Task No. 5 : Project Management for Optional Work
Task No. 6: Construction Engineering Support for Optional Work Task No. 7: Construction Inspection for Optional Work VI. CITY RESPONSIBILITIES
A. Provide project management. Assign a Project Manager to act as the project focal point.

B. Provide or make available upon request, contract documents, reports, drawings, specifications, G4S land base maps (hard copy only), City standard specifications, records and other data deemed useful for the project.

C. Adininister agreeinent and make payments to Consultant.

D. Award contract to contractor.

Exhibit "A"' - Scope of Work A-8
135
E. Provide coordination to avoid interfering with other City, or agency construction projects and major events.

F. All printing and reproduction for bidding and construction.

7. Permit fees required for the project.

VII. MISCELLANEOUS
A. All plans and other documents prepared by Consultant on behalf of the City shall become the sole property of the City.

B. All engineering designs and calculations shall be based on design standards adopted by the City.

Exhibit "A" - Scope of Work A-9
27 136
P.0.Box80'l357
8anta Clarita, CA 91380
Phone: 877.274.2422
Fax: 661.775.7628
www.CSIServices.biz
Providing Quality Technical Services to the Coating Industry April 7, 2023
City Clerk's Office
Attn: Alturo Cervantes, t=i.t=.

Assistant City Manager/Director of Public Works
City of South Gate
8650 California A venue
South Gate, CA 90280
Delivery Via Fedex
Subject: Proposal 3397 - Professional Inspection and Project Services Re: Request For Proposals (RFP) - Professional Services During Construction for the Hawkins North and South Tank Rehabilitation (City Project No. 645 - WTR)
Dear Mr. Cervantes:

CSI Services, Inc. (CSI) is pleased to submit the attached proposal to support the future maintenance work on the above referenced project. We understand that the scope of the March 2, 2023 Request for Proposal (RFP) has been refined. Specifically, we understand that the City has determined that the Optional Work is no longer considered to be part of this Scope. In addition to our significant experience on very similar projects, we have also included a support team members in the event that there are any unusual structural questions that arise.

We have reviewed the Agreement and have no exceptions. This proposal is valid for a period of 150 days, but can be extended upon request. Thank you for this opportunity, and l can also be reached through e-mail at psweeney@,CSlServices.biz or cell 661-478- 8900.

Sincerely,
CSI Services. Inc.

Patrick Sweeney
Project Manager
Hawaiian Office: Pa Box 671 Aiea, Hl 96701
Northern California Office: Pa Box 371, Sonoma, CA 95476 CmUng 8pec/a//sts anrt Inrpcrf/c*n QcrWr'nl Inr
Rmhm*innn TankD/Wng /nBpeOt/OnConsu/Ung
221 137
CSI Services, Inc.

P. 0. Box 80'l 357 Santa Clarita, CA 91 380
877.27 4.2422
Proposal 3397
Professional Inspection and Project Services
Construction for the Hawkins North and South Tank Rehabilitation Project (City Project No. 645 - WTR)
Prepared for:

Attn: Alturo Cervantes, P.E.

City of South Gate
8650 California A venue
South Gate, CA 90280
Prepared by:

CSI Services. Inc.
%
Patrick Sweeney
Project Manager April 7, 202
Hawaiian Office: Pa Box 671 Aiea, H/ 96701
Northern California Office: Pa Box 371, Sonoma, CA 95476 Coating 8pec/a//sb and ?nrpc*r*tnn %ivlbua, /iib.

Consulting Cva/uaLiuiis TankD/v/ng /nspect/on
138
Proposal 3397 - Professional Inspection and Project Services Hawkins North and South Tank Rehabilitation City Project City of South Gate
Page i
Table of Contents
Discussion I
Qualifications of Project Team
Qualifications of Firm
I
3 Quality Control/Quality Assurance Implementation................ 5 Scope of Services
Fee Schedule
Attachments
Sweeney CV - Project Manager
Corral CV - Field Inspector
Fox CV - Non-Local Shop Inspector
Dias CV - Local Shop Inspector
Graves CV - CWI Welding Inspector
Chilton, PE - Engineer Support
Bloomfield, PE - Engineering Support
References
SSPC QP5 Certification
Evidence of Insurance
6 10
April 7, 2023
24 139
Proposal 3397 - Professional Inspection and Project Services Hawkins North and South Tank Rehabilitation City Project City of South Gate