SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, June 27, 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: 897 4032 7488
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Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER: Maria del Pilar Avalos, Mayor
INVOCATION: Steve Costley, Acting Director of Parks & Recreation PLEDGE OF ALLEGIANCE: Cruz Castellanos, Jr., Newly Hired South Gate Police Officer
ROLL CALL: Yodit Glaze, City Clerk
City Officials
MAYOR CITY CLERK
Maria del Pilar Avalos Yodit Glaze
VICE MAYOR CITY TREASURER
Gil Hurtado Jose De La Paz
COUNCIL MEMBERS CITY MANAGER
Joshua Barron Chris Jeffers
Maria Davila
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 - NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to 2 address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 are Consent Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
1. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK without public bidding, pursuant to the Emergency Contracting Procedures of the 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 1 Report 06272023.pdf
2. Resolution amending Resolution No. 6454 (Salary Resolution And Position Classification Plan) to update the Job Classification Specification for the position of Public Works Senior Management Analyst in the Public Works Department The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to update the job classification specification for the position of Public Works Senior Management Analyst in the Public Works Department. (HR)
3 Documents:
Item 2 Report 06272023.pdf
3. Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to retitle the positions of Administrative Analyst and Management Analyst in the Human Resources Department to Human Resources Analyst; approve the Job Classification Specification for the position of Human Resource Analyst; approve the update to the Job Classification Specification for the position of Human Resources Technician; approve the adjustment of the Salary Pay Table to add the salary pay table for the Human Resources Analyst; and remove the pay table for Administrative Analyst
The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to retitle the positions of Administrative Analyst and Management Analyst in the Human Resources Department to Human Resources Analyst; approve the Job Classification Specification for the position of Human Resources Analyst; approve the update to the Job Classification Specification for the position of Human Resources Technician; approve the adjustment of the Salary Pay Table to add the salary pay table for the Human Resources Analyst; and remove the pay table for Administrative Analyst. (HR)
Documents:
Item 3 Report 06272023.pdf
4. Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to reclassify the Training Specialist classification to Training Manager; approve the Job Classification Specification for the position of Training Manager; and approve the adjustment of the Salary Pay Table to add the respective salary range and salary pay table for the Training Manager The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) by reclassifying the Training Specialist classification to Training Manager; approve the Job Classification Specification for the position of Training Manager; and approve the adjustment to the Salary Pay Table to add the respective salary range and salary pay table for the Training Manager. (HR) Documents:
Item 4 Report 06272023.pdf
5. Amendment No. 3 to Contract No. 2873 with Bear Communications, Inc., for replacement of radio system and lease of additional radio frequency channel The City Council will consider: (PW)
a. Approving Amendment No. 3 to Contract No. 2873 with Bear Communications, Inc. for a two-year extension, to secure maintenance services for the City's radio communication system, and the FCC channel sharing license, for an amount not-toexceed $80,788; and 4 b. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
Documents:
Item 5 Report 06272023.pdf
6. Amendment No. 2 to Contract No. 2021-147-CC with BKF Engineers, Inc., to prepare design and construction documents to rehabilitate Frontage Road East under the Citywide Residential Resurfacing Project., Phase IV, City Project No. 699- ST Resurfacing Project, Phase IV to add Frontage Road Rehabilitation The City Council will consider: (PW)
a. Approving Amendment No. 2 to Contract No. 2021-147-CC with BKF Engineers, Inc., to prepare design and construction documents to rehabilitate Frontage Road East under the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST, in an amount not-to-exceed $79,677;
b. Appropriating $800,000 in Gas Tax to the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 6 Report 06272023.pdf
7. Amendment No. 2 to Contract No. 2020-16-CC with KOA Corporation, Amendment No. 2 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc., and Amendment No. 4 to Contract 2020-15-CC with Willdan Engineering for asneeded professional engineering services The City Council will consider: (PW)
a. Approving Amendment No. 2 to Contract No. 2020-16-CC with KOA Corporation for As-Needed Engineering Services to extend the term through June 30, 2024; b. Approving Amendment No. 2 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc. for As-Needed Engineering Services to extend the term through June 30, 2024;
c. Approving Amendment No. 4 to Contract No. 2020-15-CC with Willdan Engineering for As-Needed Engineering Services to extend the term through June 30, 2024; and d. Authorizing the Mayor to execute the Amendments in forms acceptable to the City Attorney.
5 Documents:
Item 7 Report 06272023.pdf
8. Amendment No. 1 to Contract No. 2022-15-CC with Northgate Gonzalez, LLC., to extend the Food Insecurity Assistance Program
The City Council will consider: (CD)
a. Approving Amendment No. 1 to Contract 2022-15-CC with Northgate Gonzalez, LLC., to extend the Food Insecurity Assistance Program through June 30, 2024; b. Appropriating a total of $200,000 to Northgate Gonzalez, LLC., for FY 2023/2024; and c. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 8 Report 06272023.pdf
9. Amendment No. 1 to Contract No. 2022-61-CC with Conservation Corps of Long Beach to extend the Employment and Job Training Program Services funded by the American Rescue Plan Act Funds
The City Council will consider: (CD)
a. Approving Amendment No. 1 for Contract 2022-61-CC with Conservation Corps of Long Beach to extend the term of the Agreement for one (1) year through June 30, 2024, for the Employment and Job Training program, and providing for an option to extend the Agreement for an additional 3 years;
b. Appropriating a total of $246,950 for FY 2022/2023 and FY 2023/2024; and c. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 9 Report 06272023.pdf
10. Excess Workers' Compensation Insurance Policy with Safety National Casualty Corporation through Alliant Insurance Services, Inc.
The City Council will consider: (HR)
a. Approving an excess workers' compensation insurance policy with Safety National Corporation, through Alliant Insurance Services, Inc., for a one-year term from July 1, 2023, through July 1, 2024, with a premium in the amount of $177,064; b. Authorizing payment, in the amount of $177,064, to Alliant Insurance Services, Inc., for 6 the policy issued by Safety National Casualty Corporation; and c. Authorizing the City Manager or his designee to execute the "Request to Bind Coverage" in a form acceptable to the City Attorney.
Documents:
Item 10 Report 06272023.pdf
11. Agreement with ACMS Group, Inc., to provide Dossier On-Demand Solution fleet maintenance management software
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 $132,403;
b. Approving an appropriation of $10,792 from Fleet Funds to fully fund Year One service fees of the five-year Agreement; and
c. Authorizing the Mayor to execute the Agreement in a form approved by the City Attorney.
Documents:
Item 11 Report 06272023.pdf
12. Agreement with Lee & Ro, Inc., for engineering design services for the Concrete Sewer Pipelines Rehabilitation, City Project No. 709-SWR The City Council will consider: (PW)
a. Approving an Agreement with Lee & Ro, Inc., for engineering design services for the Concrete Sewer Pipelines Rehabilitation, City Project No. 709-SWR, for an amount not to exceed $526,745; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 12 Report 06272023.pdf
13. Agreement with OneIT, Inc., for Datto Data Backup and Disaster Recovery Services
The City Council will consider: (PD)
a. Approving an Agreement with OneIT, Inc., for three years of data backup and disaster recovery services in the amount of $64,656; and
7 b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 13 Report 06272023.pdf
14. Purchase Order with Carrier Corporation for an 80-ton air cooled chiller for the South Gate Police Station HVAC Replacement
Project, City Project No. 667-GEN
The City Council will consider: (PW)
a. Approving a Purchase Order with Carrier Corporation to purchase an 80-ton air cooled chiller as necessary for the construction of the South Gate Police Station HVAC Replacement Project, City Project No. 667-GEN, in an amount not to exceed $103,249; and
b. Authorizing the City Manager or his designee to execute the documents necessary to purchase the chiller in forms acceptable to the City Attorney.
Documents:
Item 14 Report 06272023.pdf
15. Grant Deed from Los Angeles Community College District for street dedication at 2525 Firestone Boulevard
The City Council will consider: (PW)
a. Accepting a Grant Deed from the Los Angeles Community College District to secure right-of-way for street purposes as part of the development located 2525 Firestone Boulevard, at no cost to the City; and
b. Authorizing the Mayor to execute the Certificate of Acceptance in a form acceptable to the City Attorney.
Documents:
Item 15 Report 06272023.pdf
16. Records Destruction of documents collected by the Building and Safety Division
The City Council will consider approving the destruction of documents relating to service requests, construction activities, building plans and Code Enforcement documents collected by the Building and Safety Division, in accordance with the adopted South Gate Records Retention Schedule. (CD)
Documents:
8 Item 16 Report 06272023.pdf
17. Minutes
The City Council will consider approving: (CLERK)
a. The Regular Meeting minutes of January 24, 2023
b. The Regular Meeting minutes of February 28, 2023
c. The Regular Meeting minutes of March 28, 2023
d. The Special and Regular Meeting minutes of April 25, 2023 e. The Special and Regular Meeting minutes of May 9, 2023 f. The Special Meeting minutes of May 16, 2023
g. The Special Meeting minutes of May 23, 2023
Documents:
Item 17 Report 06272023.pdf
Reports, Recommendations And Requests
18. Alternative No. 2 of the Sewer Rate Study for sewer rate structure changes and Agreement with NBS Financial Group to initiate Prop 218 Process The City Council will consider: (PW)
a. Receiving and filing the Sewer Rate Study Report;
b. Selecting Alternative No. 2 of the Sewer Rate Study for the proposed sewer rate structure changes and directing staff to initiate the Proposition 218 process; c. Approving an Agreement with NBS Financial Group (NBS) in an amount not to exceed $32,500 to conduct the required Proposition 218 process, including educational material development; and
d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 18 Report 06272023.pdf
19. Warrant Register for June 27, 2023
The City Council will consider approving the Warrant Register for June 27, 2023. (ADMIN SVCS)
9 Total of Checks: $2,878,866.24
Less: Voids $ (0.00)
Less: Employee Payroll Deductions $ (414,527.57)
Grand Total: $2,464,338,67
Cancellations: 100975
Documents:
Item 19 Report 06272023.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on June 22, 2023, at 9:45 a.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations: City Clerk Office, Public Notice Boards at City Hall, and on the City’s web page at https://www.cityofsouthgate.org The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time 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.
10 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
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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.
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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].
11 Item No. 1
CITYMANAGER'SOFFiCE
J,DuN2,,%:%2: C'dyCoIfTYSCoO&utChILGate
ACENDA JJBa[LL
DepartmentDirector:
For the Regular Meeting of: June 27, 2023
a a Department: Public Works
City Manager:
Cervantes (lksJeffers
SUBJECT: 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
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.
RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.
FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $25.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below. The process has begun to enter into an agreement with Caltrans to receive an additional $5 million.
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. 1 12
To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such termination provided both irnrnediate 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 the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff is recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (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 to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action until the emergency action is terminated.
The City is working diligently to secure the PCLUP approval. The process has been initiated with the submittal of technical documents such as the Workplan for interim measures and a Summary of Site Investigation.
Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:
1. 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 2 13
review; and received a fee proposals for the interim maintenance and construction activities approved by the Local Enforcement Agency ("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 April 18, 2023. On May 9, 2023, the LEA approved the Revised WICM for which the safety measures were implemented by May 12, 2023. On May 25, 2023, the LEA approved the Phase II Workplan. The implementation of the Phase II Workplan is scheduled to begin in June 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 of maintenance activities in the WICM 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 to divert and treat storm water run-off from the Los Angeles River and provide recreation opportunities to South Gate residents.
The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can occur.
The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the Local Enforcement Agency ("LEA") for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of 3 14
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.
Construction is currently at the 80% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroom/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. The total estimated cost of improvements completed to date is over $12 million.
The Project has received the listed grants. The process has begun to enter into an agreement with Caltrans to receive an additional $5 million for a grand total of $30.5 million.
Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $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 Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Rivers and Mountains Con-servancy Funds $4,404,798
TPL
Private Donations $90,000
Total $25,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 15
Attachment A
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH GATE, ST ATE OF CALIFORNIA, DECLARING AN
EMERGENCY STILL EXISTS AND AUTHORIZING
REPAIR, REPLACEMENT OR MAINTENANCE
ACTIVITIES OF PUBLIC FACILITIES RELATED TO THF,
URBAN ORCHARD PROJECT WITHOUT PUBLIC
BIDDING, PURSUANT TO THE EMERGENCY
CONTRACTING PROCEDURES OF THE SOUTH GATE
MUNICIPAL CODE AND THE CALIFORNIA PUBLIC
CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement withthe contractor, except for the requirement for the contractor to perform certain maintenance activities; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities"); and WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids.
16 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 irnrnediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and
2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and
3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency.
NOW, THEREFOR, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.
SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.
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-fi'Jth'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.
17 SECTION 7. The City Clerk shall certi:ty to the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 27'h day of June 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:RaulF'!':':":ttorney
18 Cl'ffMANABER'SOFFICE Item No. 2
JUN21 2023
q sr(g v" Ci§ of South Gate
CITY COUNCIL
AGENDA BULL
For the Regular Meeting o'J: June 27, 2023
Originating Department: Human Resources
numannesourcesnireaor: ! citvwanager: OX
71IrAhamilton Chris' 7effers
SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY
RESOLUTION AND POSITION CLASSIFICATION PLAN) TO APPROVE THE
UPDATE TO THE JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF
PUBLIC WORKS SENIOR MANAGEMENT ANALYST
PURPOSE: To update the job classification specification for the Public Works Senior Management Analyst in the Public Works Department to bring it up to date before beginning the recruitment process.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to update the job classification specification for the position of Public Works Senior Management Analyst in the Public Works Department.
FISCAL IMPACT: Approving the job classification specification for the Public Works Senior Management Analyst will have no fiscal impact to the Fiscal Year 2023/24 Adopted Budget.
ANALYSIS: The Public Works Department perfori'ns complex and challenging duties in both its Field Operations Division as well as its Engineering Division; however, the duties, roles and responsibilities of the Public Works Senior Management Analyst working in the Field Operations Division is far different than a Public Works Senior Management Analyst working in the Engineering Division.
This proposed update to the Public Works Senior Management Analyst job classification specification will delineate the duties and responsibilities of the incumbent depending upon the division to which the employee is assigned. For the Public Works Senior Management Analyst working in the Field Operations Division, he/she will participate in budgetary functions for the City's Corporate Yard, monitor the operating budget and capital budgets to ensure expenditures are appropriate, conduct financial audits and perform monthly reporting, prepare budgetary policies, prepare grant applications and manage grants, and perform similar administrative functions.
1 19
Conversely, the Public Works Senior Management Analyst assigned to the Engineering Division will participate in budgetary 'functions for the entire Department, assist with the Capital Improvement Program (CIP), coordinate the CIP funding with other Departments, prepare strategies and implement services, such as the procurement of software to automate the Public Works County Services and CIP project management.
Differentiating between the two Public Works Senior Management Analysts will greatly assist in effectively recruiting an individual who meets the specific needs of the Department.
BACKGROUND: TheCitymust,fromtimetotime,add,remove,reclassify,orotherwiseadjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be perfon'ned by employees in the City's various departments.
The Public Works Senior Management Analyst is a new classification, which was included and approved with the Fiscal Year 2022/2023 Adopted Budget; however, while approved for inclusion and funding in the Budget, the new Public Works Senior Management Analyst position did not have an approved, existing job classification description. As a result, in order to recruit for the position, City Council must first approve the job classification specification for the Public Works Senior Management Analyst.
Human Resources staffworked with the Public Works Department to develop the job classification specification for the Public Works Senior Management Analyst. Staff also corresponded with the Professional Mid-Management Association (PMMA) Board Members to inform them of the new classification and they agree with the job classification specification.
ATTACHMENT: Proposed Resolution (including job specification) 2 20
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION
AND POSITION CLASSIFICATION PLAN) TO APPROVE THE UPDATE TO
THE JOB CLASSIFICATION SPECIFICATION FOR THIE POSITION OF
PUBLIC WORKS SENIOR MANAGEMENT ANALYST
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be perfori'ned by employees in the City's various departments; and
WHEREAS, the City desires to approve the update to the job classification specification for the position of Senior Public Works Management Analyst in the Public Works Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council hereby approves and adopts the proposed job specification for the Senior Public Works Management Analyst classification, attached hereto as Exhibit "A." [Remainder of page left blank intentionally.]
21 SECTION 3. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 27fll day of June 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FO
Page2of2
224
Exhibit "A"
City of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
PUBLIC WORKS SENIORMANAGEMENT ANALYST
UESCRIPlluN
Under direction of the Assistant City Manager/Director of Public Works, provides highly responsible, professional and administrative support to the Field Operations Division on complex matters such as administration, budget, staffing, contract procurement, program development, regulatory policies, policy development, strategic planning, operational audits, standard operating procedures, and the Capital Improvement Program.
CLASS CHARACTERISTICS
The Public Works Senior Management Analyst position is the advanced journey-level, mid-management classification. This class is distinguished from the Management Analyst by the perforn'iance of independent and complex tasks and duties. Positions at this level are generally assigned responsibility for the management and administration of significant programs, projects, functions, and/or service areas and inciunbents at this level are to independently perform the difficult and responsible financial, systems, statistical, prograrnmatic, management, and/or other administrative analyses in providing highly responsible staff support to the Department of Public Works. Assignments are typically received in broad, outline form, and incumbents are expected to act independently in developing applicable resources and information.
SUPERVISION RECEIVED
Works under the supervision of the Director of Public Works in the Engineering Division or Field Operations Division.
SUPERVISION EXERCISED
May supervise clerical staff, Management Assistants, Management Analysts or other staff as assigned.
ESSENTIAL FUNCTIONS
TheincumbentwillbeassignedtosttpporttheEngineeringDivisionand/ortheFieldOperationsDivision. Essential functions may include anyof thefollowing representativeduties, knowledge,andskills. This is not a comprehensive listing of all functions and dutiesperformed by incumbentsof this class; employeesmay beassignedduties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essentialduties and responsibilities may include, but are not limited to, thefollowing:
Under direction of the Public Works Department, provides support on complex matters such as administration, budget, staffing, contract procurement, regulatory policies, policy development, strategic planning, operational audits, standard operating procedures, public outreach material and grants. Prepares detailed and comprehensive written reports and studies, staff reports, presentations, resolutions, ordinances, contracts, memorandums and correspondence as required.
Supports management to organize and plan for staffing needs such as developing job specification, coordinating recruitments, overseeing certification and perfornnance evaluation status, coordinating claims, and compliance with Human Resources Programs.
Provides oversight and support on contract procurement, such as, preparing Requests for Proposals and administering and participating in consultant selection process; contract development and financial analysis; 23 PUBLIC WORKS SENIOR MANAGEMENT ANALYST
establishing protocols for contract expenditures; and administering professional or maintenance services contracts as assigned.
Conducts audits to assess perfoimance of the Public Work Department in meeting goals for level of service, financial and budgetaiy, staffing, programs compliance and reporting. Evaluates and streamlines processes.
Reviews and provides recommendations to improve departmental operating efficiencies.
Public Works Senior Management Analyst (Field Operations Division) For the Public Works Senior Management Analyst assigned to the Field Operations Division, participates in budgetary functions such as for development and monitoring of operating budget and capital budgets to ensure expenditures are appropriately accounted for and activity does not exceed authorized spending, conducting financial analysis and monthly reporting, preparing budgetary policies, preparing grant applications and managing grants.
Makes recommendations regarding alternative funding sources.
Manages the solid waste and recycling services franchise agreement and ensures compliance with Federal and State laws.
Participates in activities for compliance with regulatoiy requirements such as for solid waste and recycling and for the National Pollution Discharge Elimination System.
Participates in support activities for continuous improvement in all areas of the Field Operations Division. Provides support in the development of written policies, processes and procedures.
Participates in the development of the Capital Improvement Program and 5-Year Capital Improvement Program as assigned. Coordinates with Engineering Division to develop projects budgets and schedules.
Public Works Senior Management Analyst (Engineering Division) For the Public Works Senior Management Analyst assigned to the Engineering Division, participates in budgetary functions such as preparing the Public Works Department budget, the Capital Improvement Program and the 5- Year Capital Improvement Program. Conducts financial analysis and monthly reporting. Prepares budgetary policies. Prepares grant applications and manages grants. Programs funding with grant and funding agencies. Leads the process to secure grant and CIP funding reimbursements.
Coordinates CIP funding with the Administrative Services Department. Reviews CIP funding files in both the Public Works Department and Administrative Services Department to ensure consistency and address issues.
Provides support to both departments to take the lead in seeking grant and CIP funding reimbursement.
Prepares strategies and implements special projects to automate Engineering Division operations to improve efficiency and customer services such as procuring software to automate the Public Works Counter Services and CIP project management.
Leads the Public Works Department public outreach program and oversees implementation. Coordinates with City Administration's public outreach specialists to communicate department activity.
QUALIFICATIONS
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary.
A typical way of obtaining the knowledge and abilities would be:
Education and Experience
24 PUBLIC WORKS Sbsiou MANAGEMENT ANALYST
Graduation from an accredited college or university with a Bachelor's degree in in public administration, business administration, finance or a related field, and six (6) years of progressively responsible, related professional experience working in a Public Works Department for a local City or County agency, plus a minimum of four (4) years of experience in a Management Analyst or equivalent position. A Master's degree in related field is desirable and two years of supervisory experience is desirable. Bilingual in English and Spanish is desirable.
License Requirement
Possession of a valid California Class C Driver's License and a satisfactory driving record is required at time of appointment and throughout employment in this position.
Knowledge, Skills and Abilities
Knowledge of: the principles, practices and trends ofpublic or business administration; research, statistical analysis, and report preparation; financial and statistical analysis and research techniques; organization and functions of the Public Works Department and municipal government overall; principles of accounting and auditing; evaluation techniques and organizational principles; applicable federal, state and local laws, codes, and regulations; methods and procedures of budget preparation; la'iowledge of maintenance management systems and services request systems; knowledge of public funds and grant programs; modern office practices, procedures and equipment, including word processing and computer applications (Word, Microsoft Outlook, Excel, PowerPoint, etc.).
Skill and Ability to: perfoim specialized administrative tasks; conduct research, perform analysis, and prepare and present reports of findings; work independently; interpret and apply related laws, ordinance, and policies; follow oral and written directions; evaluate the work of others; use computer and related software; communicate effectively both orally and in writing; and establish and maintain effective working relationships with others. Effective and Efficient oral and written communication. Research, interpret, apply, and explain rules, regulations, policies and procedures related to assigned work function. Strong analytical, financial and collaborative skills. Ability to clearly communicate complex information.
ADDITIONAL INFORMATION:
CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.
PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work enviroiunent described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accornrnodations may be made to enable individuals with disabilities to perfornn the essential functions. Work is performed mostly in office settings.
While performing the duties of this job, the employee is frequently required to sit, talk and hear. The employee is occasionally required to stand, walk, stoop, crouch and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, ability to adjust focus and perform office machine operations.
Incumbents are not substantially exposed to adverse environmental conditions.
PUBLIC WORKS SENIOR MANAGEMENT ANALYST
Created, 2/14/2023
Revised, 6/27/2023
25 CITYMANAaER'SOFFICE Item No. 3
JUN 21 2023
Q:l'> vvy Ciffl of South Gate
CITY COUNCIL
AeENIDA BT[LL
For the Regular Meeting o'f: June 27, 2023
Originating Department: Human Resources
SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY
RESOLUTION AND POSITION CLASSIFICATION PLAN) TO RETITLE THF, POSITIONS OF ADMmISTRATIVE ANALYST AND MANAGEMENT ANALYST IN THE HUMAN RESOURCES DEPARTMENT TO HUMAN RESOURCES ANALYST;
APPROVE THE JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF HUMAN RESOURCES ANALYST; APPROVE THE UPDATE TO THE JOB
CLASSIFICATION SPECIFICATION FOR THE POSITION OF HUMAN RESOURCES TECHNICIAN; APPROVE THE ADJUSTMENT OF THE SALARY PAY TABLE TO ADD THE SALARY PAY TABLE FOR THE HUMAN RESOURCES ANALYST; AND
REMOVE THE PAY TABLE FOR ADMINISTRATIVE ANAI,YST
PURPOSE: To retitle the positions of Administrative Analyst and Management Analyst in the Human Resources Department to Human Resources Analyst, approve the job classification specification for the position of Human Resources Analyst, update the job classification specification for the position of Human Resources Technician, approve the adjustment of the Salary Pay Table to add the salary pay table for the Human Resources Analyst, and remove the pay table for Administrative Analyst.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to retitle the positions of Administrative Analyst and Management Analyst in the Human Resources Department to Human Resources Analyst; approve the Job Classification Specification for the position of Human Resources Analyst; approve the update to the Job Classification Specification for the position of Human Resources Technician; approve the adjustment of the Salary Pay Table to add the salary pay table for the Human Resources Analyst; and remove the pay table for Administrative Analyst.
FISCAL IMPACT: The retitling of the Management Analyst to Human Resources Analyst position will not result in any additional impacts to the 2023/2024 Fiscal Budget because both the Management Analyst position and the Administrative Analyst are at the same Salary Range as the Human Resources Analyst, Pay Scale 610 ($6,147 - $7,472 monthly), Non-Exempt Classifications. The Salary Pay Table will be updated to remove the Administrative Analyst at Pay 1 26
Scale 610 ($6, 147 - $7,472), also a Non-Exempt Classification. Additionally, updating the Human Resources Technician will not result in any additional impacts on the 2023/2024 Fiscal Budget.
ANALYSIS: None.
BACKGROUND: In 2021, the City Council approved an assessment of the Human Resources/Risk Management Division that was organized under the Administrative Services Department. As a result of that study, a series of recominendations were provided including, but not limited to, the establishment of the Human Resources Department separate from the Administrative Services Department, develop new Human Resources Department job descriptions, such as Human Resources Analyst, create and implement a cross-training program to cultivate generalists and to develop core competencies within the Human Resources team members, develop a backup plan for all Human Resources staff to ensure that services are perfori'ned when someone from the team is absent, and to study what the staffing needs are for the Human Resources Department and better align staffing levels with service level standards and workload demands.
The Human Resources Department is led by the Director of Human Resources and the Department is subdivided into two divisions: Human Resources/Personnel and Risk Management. Currently, the Risk Management Division is staffed with one employee, the Risk Manager, but the Human Resources/Personnel Division is led by the Deputy Director of Human Resources, who oversees three positions: Administrative Analyst, Management Analyst (currently vacant), and Human Resources Technician.
The current Administrative Analyst is primarily responsible for duties associated with benefits administration, processing changes in personnel, such as pay increases, promotions, and related matters, employee relations, and assists in recruitments. Conversely, the corresponding Management Analyst position is primarily responsible for recruitment and training efforts; however, the job classification specification for Management Analyst makes no mention of these duties. In an effort to create and implement cross-training programs to cultivate human resource generalists, develop core competencies within Human Resources, and to develop a backup plan for all Human Resources staff to ensure that services are performed when someone from the Human Resources team is absent, these two positions will be merged into one job classification, Human Resources Analyst, which will accurately describe the duties required of the incumbents If approved, the Human Resources Analyst, in general, will assist with the daily administration of Human Resources programs, participate in the development and implementation of new or revised human resources programs, systems, and methods of operation. The incumbent will research, analyze, evaluate, and recommend goals and objectives for the Personnel Division and will aSsist in other matters concerning the division. Each of the Human Resources Analysts will have primary duties, such as recruitment or benefits, but will cross-train to understand and learn the roles and responsibilities of the entire job classification specification. This will assist in the ability of one analyst to cover for another analystwhen absent, along with the assistance of the HumanResources Technician.
2 27
The Human Resources Analyst primarily assigned to handle recruitments will plan, develop, organize, and review recruitment and selection plans and methods within the Human Resources Department, develop effective recruitment strategies, timelines, schedules, job bulletins, and jobrelated valid screening techniques, and ensure adherence to rules and regulations, consistency, and fairness in the selection process. The incumbent will also conduct reference checks and oversee the background process and conduct the orientation process for new hires. The position will also be key to the implementation and continued use of various NEOGOV Human Resources programs and platforms, as well as many other duties articulated in the job classification specification.
The Human Resources Analyst primarily assigned to handle benefits administration will be responsible for the day-to-day administration of employee benefits, such as healthcare, CalPERS, life insurance, and deferred compensation. The incumbent will be responsible for the development, tracking and maintenance of all aspects of the NEOGOV online systems, oversee the Harassment Prevention Training, and assist in keeping the Department's website and intranet up to date.
Under the direction of the Deputy Director of Human Resources, both Human Resources Analysts will be mentored and trained to perform competently each other's duties while simultaneously learning the duties and responsibilities of the Deputy Director. Conversely, it is the responsibility of the Human Resources Analyst to mentor and train the Human Resources Technician to learn all aspects of the Human Resources Analyst position. The intent of the changes in the Human Resources/Personnel Division is to provide a clear path for an entry-level Human Resources Technician to eventually ascend to the Department Head chair, which greatly aids in recruitment efforts and retention measures.
Additionally, if approved, the Human Resources Technician job classification specification will be updated to reflect the intent to create a Human Resources Department entry-level professional position that will learn to assist and perform the duties of the Human Resources Analyst in all areas, such as recruitment, selection, training, compensation, employee relations, employee benefits, and employee assistance. The incumbent will also be capable ofindependently organizing and completing assigned tasks within the Department. In the event that one of the Human Resources Analysts is absent or is in need of additional assistance, the Human Resources Technician will be available to ensure human resources services continue to be provided without any apparent interniption. When one of the Human Resources Analyst positions become vacant due to retirement, resignation, or promotion, the Human Resources Technician will be highly qualified and a viable candidate to fill the vacancy to provide promotional opportunities to employees as well as to ensure as little change in how human resources services are delivered.
One of the key functions of the Human Resources Technician will be to serve as an employee relations liaison between the Department of Human Resources and each individual employee. The Human Resources Technician will serve as an advocate for each employee to ensure that all issues are quickly resolved and addressed. In most cases, the Human Resources Technician will be able to remedy any employee issue, relieve the Human Resources Analysts from handling day-to-day issues, improving citywide employee satisfaction with the Department, and improve the efficiency and efficacy of the Department overall.
ATTACHMENT: Proposed Resolution (including job specifications and salary pay table) 3 28
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION
AND POSITION CLASSIFICATION PLAN) TO RECLASSIFY THE TRAINING SPECIALIST CLASSIFICATION TO TRAINING MANAGER; APPROVE THE
JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF TRAINING MANAGER; AND TO APPROVE THE ADJUSTMENT OF THE SALARY PAY
TABLE TO ADD THE RESPECTIVF, SALARY RANGE AND THE SALARY
PAY TABLE FOR THE TRAINING MANAGER
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments;
WHEREAS, the City desires to reclassify the existing Training Specialist position to a Training Manager position;
WHEREAS, the City desires to approve the job classification specifications for the position of Training Manager; and
WHEREAS, the City desires to approve the adjustment of the salary pay table to add the respective salary range and the salary pay table for the Training Manager.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby approve the reclassification of the existing Training Specialist to a Training Manager in the Police Department.
SECTION 3. The City Council hereby approves and adopts the proposed amendments to Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the job classification specification for the position of Training Manager.
SECTION 4. The City Council hereby approves and adopts the proposed job specification for the Training Manager Classification, attached hereto as Exhibit "A." SECTION 5. The City Council does hereby approve and adopt the proposed Pay Table attached hereto as Exhibit "B."
4 29
SECTION 6. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 27"1 day of June 2023.
CITY OF SOUTH GATE:
B7:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: a--4!""!t>htt---y
5 30
EXHIBIT "A"
City of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
H{JMAN RESOURCES ANALYST
DESCRIPTION
Under general supervision, perfori'ns a variety of professional, technical, and analytical level tasks in support of the City's Human Resources Department, including, but not limited to, recruitment and selection, classification and compensation, onboarding, and policy and procedure interpretation and implementation. Requires the exercise of independent judgement, initiative, and discretion based on knowledge of administrative policies and procedures and Human Resources best practices.
CLASS CHARACTERISTICS
The Human Resources Analyst is a journey level classification. Under general supervision, incumbents perform a full range of analytical duties to support the Human Resources Department.
Exercises independent judgement.
SUPERVISION RECEIVED
Works under the direct supervision of the Deputy Director of Human Resources.
SUPERVISION EXERCISED
At the direction of the Deputy Director, the most tenured Analyst, may exercise technical and functional supervision over Human Resources Technician(s), interns, clerical or other staff as assigned.
ESSENTIAL FUNCTIONS
Thefollowing functions are typical for this dassification. The incumbent may not perform all of the listedfunctions and/or may be required toperform additional or differentfunctions from those set forth below to address business needs and changing businesspractices. Generally, the incumbent will be assigned the primary duties related to either benefits administration or to recruitment efforts. Essential duties and responsibilities may include, but are not limited to, the following:
ASSiStS with the daily administration of Human Resources programs; participates in the development and implementation of new or revised human resources programs, systems, procedures, and methods of operation, such as those administered and offered by NEOGOV.
Researches, analyzes, evaluates and recommends goals and objectives; assists in the development and implementation of policies and procedures, programs and services.
The incumbent assigned to recruitment efforts may be responsible for:
* Plans, develops, organizes and reviews recruitment and selection plans and methods within the department; develops effective recruitment strategies, timelines and schedules, job 6 31
HUMAN RESOURCES ANALYST cont'd
bulletins, and job-related valid screening techniques; ensures adherence to rules and regulations, consistency, and fairness in the selection process. * Conducts recruitments; screens applications, schedules and administers job related tests including written, oral, agility and performance tests; reviews, analyzes and compiles test results and establishes eligibility lists; responds to request for exam review, grievances and appeals.
* Conducts reference checks and oversees the background process. * Conducts the orientation processes for new hires; compiles, completes, and files related documentation.
* Conducts classification and organizational studies; perfon'ns job audits and job evaluations; revises, updates and develops and recommends new classification specifications.
* Coordinates Human Resources programs, employee engagement events, meetings, and tratrungs.
* Oversees the employee Education Reimbursement Program and track Rideshare hours. * Tracks Performance Evaluations for all city employees and follows up with departments. * Administers the City's employee bilingual test.
The incumbent assigned to benefits administration may be responsible for:
* Oversees and is responsible for the day-to-day administration of benefits. This includes healthcare insurance administered through CalPERS, dental, vision, life insurance, and any other employee benefit program.
@ Reviews all personnel transaction forms and inputs data into payroll system for new hires and terminations.
* Develops, tracks and maintains all aspects of the NEOGOV online system(s), including organization levels, job positions and employee data entry. May act as a department liaison to NEOGOV for implementation of new programs, the administration of existing programs, and the modification of programs to suit the City's changing needs. Responsible for the training of users on NEOGOV system access and processes. * Oversees and tracks Harassment Prevention Training for all city employees to ensure compliance.
* Maintains and updates the department's website page and intranet to keep it up to date. 7 32
HUMAN RESOURCES ANALYST cont'd
* AssistswiththeadministrationoftheCity'sleaveprogramsandbenefitadministrationand cross train in other areas within human resources.
Supports the relationship between the City of South Gate and employees and the public by demonstrating courteous and cooperative behavior when interacting with visitors and city staf'f; maintains absolute confidentiality of work-related issues, client records, and city information.
Trains and mentors the Human Resources Technician to perfori'n the duties of the Human Resources Analyst.
May perform other duties as assigned.
QUALIFICATIONS
Any combination of education and/or experience and training that would likely provide the required knowledge and abilities is qualifying.
Education and Experience
Graduation from an accredited college or university with a baclielor's degree in human resources, public administration, business administration, psychology or a related field is required AND three (3) years of increasingly responsible, human resources related professional experience. Public sector Human Resources experience is desirable.
License & Special Requirements
Possession of a valid California Class C Driver's License and a satisfactory driving record is required at time of appointment and throughout employment in this position. Bilingual in English/Spanish is highly desirable.
Knowledge, Skills and Abilities
Knowledge off principles, practices and trends of human resources management; methods and techniques of recruitment and selection, compensation, classification, and job evaluation; principles and practices of program, project and services organization, administration and management; pertinent federal, state and local laws, regulations, ordinances and policies relating to public personnel administration; methods and procedures for conducting research, data and statistical analysis; records management principles, practices and methods; customer service principles, practices and methods; experience administering all facets of recruitment, onboarding, training, and personnel evaluations using NEOGOV; report writing techniques and proper English usage.
Skill and Ability to: perform specialized administrative tasks; conduct research, perform analysis, and prepare and present reports of findings; work independently; interpret and apply related laws, ordinance, and policies; follow oral and written directions; evaluate the work of others; use computer and related software; communicate effectively both orally and in writing; and establish and maintain effective working relationships with others. 8 33
HUMAN RESOURCES ANALYST COnt'd
ADDITIONAL INFORMATION
CAI,IFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:
An incumbent appointed to this position is subject to enrollment in tl'ie California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.
PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environi'nent described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office settings. While performing the duties of this job, the employee is frequently required to sit, talk and hear. The employee is occasionally required to stand, walk, stoop, crouch and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, ability to adjust focus and perform office machine operations. Incumbents are not substantially exposed to adverse environmental conditions.
HUMAN RESOURCES ANALYST
Created June 27, 2023
9 34
EXHIBIT "B"
Ci'§ of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
HUMAN RESOURCES TECHNICIAN
DESCRIPTION
Under general direction, performs various complex and responsible administrative duties involving recruitment, selection, training, compensation, employee relations, employee benefits and employee assistance; independently organizes and completes assigned tasks; performs related duties as required.
This is a non-exempt FLSA position.
CLASS CHARACTERISTICS
The Human Resources Technician is responsible for performing a full range of technical and administrative work in the Human Resources Division requiring specialized la'iowledge and judgment in the application of human resources policies, procedures, and systems.
SUPERVISION RECEIVED
Works under the general supervision of the Deputy Director of Human Resources. At the discretion of the Deputy Director of Human Resources, may be supervised by one (or more) of the Analyst-level positions.
SUPERVISION EXERCISED
Does not exercise supervisory responsibility.
ESSENTIAL FUNCTIONS
The,followingfimctions are typicalfor this class4fication.Theincuinbentmaynotperform all qf the listed firnctions and/or may be required to peiform additional or dgfferentfimction:yfrom thoseset.forth below to address business needs and changing business practices.
Performs a variety of professional duties involving recruitment and selection such as job analysis, test development for written exams, practical exams, interviews and development of recruitment plans and materials; enters criteria information into computer system; orders written tests; proctors and scores tests as assigned; reserves rooms for written exams, practical exams, and oral interviews; schedules and coordinates selection panel and arranges interviews; participates in updating iiiterview questions and oral interview rating sheets; proctors written and practical exams, and participates in briefing and debriefing selection panel; establishes and provides departments with eligibility lists; participates in scheduling post offer physical exams; and prepares and administers new hire paperwork including those for fingerprinting procedures.
Uses NEOGOV Human Resources Software to post job openings; screens applications according to minimum qualifications; tracks applicants througliout selection process; sends recruitment related notifications; and sends job announcements to appropriate agencies.
Creates and maintains recruitment files on all positions in accordance with mandated records retention schedule.
Acts as an employee relations liaison; provides infoimation and general assistance to City employees and the public relating to job vacancies, examinations, results of examinations; responds to and resolves inquiries and problems from City employees and the public related to personnel policies and regulations; provides information to job applicants regarding eligibility and employment possibilities for City employment; and serves as an advocate within the Human Resources Department for individual 10 35
HUMAN RESOURCES TECHNICIAN (cont.)
employees in need of Human Resources services and resolution.
Provides assistance to department administrators regarding employee data, employee contacts, personnel records and other pertinent information; responds to employment verification requests.
Provides support in a variety of other personnel functions such as classification studies; assists in the design and development of salary surveys; provides survey information to outside agencies and jurisdictions related to classifications, compensation, and benefits.
Verifies accuracy of personnel transaction forms which include new hires, terminations, and other personnel actions and logs all personnel transaction foims. Processes a variety of payroll items on biweekly basis.
Collaborates with the Administrative Services Department to process bi-weekly payroll transactions including employee compensation, benefit changes, new hire and termination data using the City's current electronic Employer Payment Summary (EPS) system.
Retains, files, and maintains compliance of I-9 Employment Eligibility Verification forms.
Conducts new employee orientation on personnel policies and available benefits.
Provides backup assistance to either one of the department's analysts on an as needed basis.
Responds to medical, dental, life, and deferred compensation insurance inquiries from participants and providers; assists in updating insurance enrollment information and health plan changes into the payroll system.
Performs a variety of general clerical work including filing, typing, duplicating, taking messages, operating office machines, opening and distributing mail; processes financial transactions including invoices and bills.
Maintains and organizes office files including but not limited to recruitment, testing, and employee; ensures accuracy of records and files.
Prepares correspondence, reports, forms, and documents.
Leams and applies emerging technologies and, as necessary, to perfom duties in an efficient organized, and timely manner.
Performs other related duties as assigned.
QUALIFICATIONS
Education and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary.
Education Req.uired:
* Graduation from an accredited college or university with two years of qualifying credit in business, public administration, personnel management or related field and two (2) years of progressively responsible related experience in performing recruitment and/or benefits administration functions; OR
11 36
HUMAN RESOURCES TECHNICIAN (cont.)
* Graduation from an accredited college or university with a bachelor's degree in business administration, public administration, human resources, personnel management, or closely related field
Experience Desired:
* One (1) year of Human Resources Information Systems (HRIS) experience is desirable; * Experience in NeoGov is highly desirable; AND
* Bilingual in English/Spanish is desirable.
License Requirement
Possession of a valid California Class C Driver's License, proof of insurance and a satisfactory driving record is required at time of appointment and throughout employment in this position.
Knowledge, Skills and Abilities
Knowledge of. principles and practices of public persoru'iel administration including the City Memorandum of Understandings, Civil Service system, and related federal, state and local laws employee benefit packages and insurance programs; proper English usage, spelling, grammar, and punctuation; business letter writing, and research methods; operation of office equipment including personal computers for word processing, spreadsheet and calendar applications Skills and Ability to: communicate effectively both in writing and orally; prioritize multiple tasks and work in a fast-paced environment; work confidentially with discretion; work independently with little direction; organize and maintain files; interpret and apply related laws and regulations; maintain accurate records; exercise sound judgment; establish and maintain effective working relationships with supervisors, fellow employees, and the public.
PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to successfully perform the essential functions of tbis job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, employee is frequently required to walk, sit and talk or hear. The employee is required to use hands to finger, handle, or feel objects, tools, or control; and reach with hands and arms.
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually quiet. Incumbents are not substantially exposed to adverse environmental conditions.
Administrative Assistant - Personnel
Created, 05/13/02
Revised, 06/09/09
Human Resources Technician
Revised, 02/09/16
Revised, 06/27/2023
12 37
EXHIBIT "C"
Salary Pay Table
South Gate Professional and Mid-Management Employees
Effective 06-27-2023
ExemptClassifications StepA StepB StepC StepD StepE
609 RECREATIONSUPERVISOR 6,065 6,369 6,687 7,021 7,372
613 CUSTOMERSERVICESUPERVISOR 6,416 6,737 7,074 7,427 7,799 615 CODEENFORCEMENTSUPERVISOR 6,523 6,849 7,191 7,551 7,928 616 MARKETING & COMMUNITY ENGAGEMENT MGR. 6,608 6,938 7,285 7,650 8,032 617 POLICERECORDSMANAGER 6,976 7,325 7,691 8,076 8,480
617 TRANSPORTATIONSUPERVISOR 6,976 7,325 7,691 8,076 8,480 621 SENIORACCOUNTANT 7,322 7,688 8,072 8,476 8,900
623 SENIORPLANNER 7,537 7,914 8,310 8,725 9,162
626 EQUIP. MAINTENANCE SUPERINTENDENT 7,865 8,258 8,671 9,104 9,560 626 SENIORFINANCIALANALYST 7,865 8,258 8,671 9,104 9,560 628 SENIORENGINEER 8,596 9,025 9,477 9,950 10,448
629 ELECTRIC&GENMAINTSUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 STREET & SEWER SUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 REVENUEMANAGER 8,889 9,333 9,800 10,290 10,805
630 WATERDMSIONMANAGER 9,968 10,466 10,989 11,539 12,116 631 SENIORCMLENGINEER 9,788 10,277 10,791 11,331 11,897 633 CITYTRAFFICENGINEER 10,277 10,791 11,331 11,897 12,492 634 PRINCIPALCMLENGINEER 10,571 11,099 11,654 12,237 12,849 635 TRAININGMANAGER 7,469 7,843 8,235 8,647 9,079
Non-ExemptClassifications StepA StepB StepC StepD StepE 601 ADMINISTRATIVEASSISTANT 5,152 5,410 5,680 5,964 6,263 601 ASSISTANTPLANNER 5,152 5,410 5,680 5,964 6,263
601 MANAGEMENTASSISTANT 5,152 5,410 5,680 5,964 6,263
606 HOUSING&GRANTSANALYST 5,468 5,742 6,029 6,330 6,647 610 ADMINISTRATIVESERVICESCOORDINATOR 6,147 6,454 ei,777 7,116 7,472 610 BUDGET&PAYROLLANALYST 6,147 6,454 ei,777 7,116 7,472 610 COMMUNITYENGAGEMENTMGT.ANALYST 6,147 6,454 ei,777 7,116 7,472 610 HUMANRESOURCESANALYST 6,147 6,454 ei,777 7,116 7,472 610 INFORMATIONSYSTEMSANALYST 6,147 6,454 ei,777 7,116 7,472 610 MANAGEMENTANALYST 6,147 ei,454 6,777 7,116 7,472
612 CRIMEANALYST 6,222 6,533 6,860 7,203 7,563
613 PURCHASINGSUPERVISOR 6,416 6,737 7,074 7,427 7,799
614 ACCOUNTANT 6,481 6,805 7,44ei 7,503 7,878
615 ASSISTANTENGINEER 6,523 6,849 7,191 7,551 7,928
13 38
Salary Pay Table
South Gate Professional and Mid-Management Employees
Effective 06-27-2023
Non-ExemptClassifications StepA StepB StepC StepD StepE 619 SENIOR ADMINISTRATIVE ANALYST 7,112 7,4ei7 7,841 8,233 F3,ei44 619 PUBLICWORKSSENIORMANAGEMENTANALYST 7,112 7,467 7,841 8,233 F3,(f3,44 622 ASSOCIATEENGINEER 7,481 7,856 8,248 8,661 9,094
624 TECHNICALSERVICESMANAGER 7,613 7,993 8,393 8,813 9,253 625 INFORMATION SYSTEMS ADMINISTRATOR 7,613 7,993 8,393 8,813 9,253 632 FAMILYVIOLENCEPROGRAMCOORDINATOR 6,969 7,317 7,683 8,067 8,471 632 CRIME SCENE FORENSIC SPECIALIST 6,969 7,317 7,683 8,067 8,471 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYATTY(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANT(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,325 6,641 6,973 7,322 7,688 14 39
CITfifiANAGER'SOFFICE Item No. 4
JUN 2 1 2023
61:/r(;tv- City of South Gate
CITY COUNCIL
AGENN)A BT[LL
For the Regular Meeting of: June 27, 2023
Originating ent: Human Resources
Human Resources Director:
n amilton Chris Je 4rs
SUBJECT: RESOLUTION AMENDmG RESOLUTION N0. 6454 (SALARY
RESOLUTION AND POSITION CLASSIFICATION PLAN) TO RECLASSIFY THE TRAINING SPECIALIST CLASSIFICATION TO TRAINING MANAGER; APPROVE
THE JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF TRAINING MANAGER; AND APPROVE THE ADJUSTMENT OF THE SALARY PAY TABLE TO
ADD THE RESPECTIVE SALARY RANGE AND THE SALARY PAY TABLE FOR THE
TRAINING MANAGER
PURPOSE: To reclassify the Training Specialist Classification in the Police Department to Training Manager, to approve the job classification specification for the position of Training Manager, and approve the adjustment of the Salary Pay Table to add the salaryrange and the salary pay table for the Training Manager.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) by reclassifying the Training Specialist classification to Training Manager; approve the Job Classification Specification for the position of Training Manager; and approve the adjustment to the Salary Pay Table to add the respective salary range and salary pay table for the Training Manager.
FISCAL IMPACT: The reclassification of the Training Specialist to Training Manager is requested as part of the Fiscal Year 2023-24 Budget and, if approved, sufficient funds will exist resulting in no additional costs to the City.
ANALYSIS: None.
BACKGROUND: The Training Specialist position has dramatically evolved over the years to an advanced-level, professional position providing key support for the executive management team of the City's Police Department overseeing Board of State Community and Corrections (BSCC) training, Peace Officer Standards and Training (POST) programs, and in-house training.
In other cities, this position is ordinarily the responsibility of higher level sworn police personnel, such as a Lieutenant or Sergeant. It is based upon this comparison that the new Pay Scale 635 ($7,469 to $9,079) is warranted. This is an exempt FLSA position. 1 40
The Training Manager will be responsible for conducting research and analysis of policies and procedures, state legislation, POST regulations, and federal and state grants. Additionally, this position will be tasked with investigating, interpreting, analyzing, and preparing recommendations on updates for existing programs and implementation of new training programs, from the initiation stage to completion. In overseeing the Police Depaitment training programs, this position will be responsible for the management of new and existing programs, as well as specialized equipment, with an annual budget of over $300,000. Finally, the Training Manager will consistently monitor the effectiveness of all training programs by compiling, reviewing, and analyzing data, and consider requests to justify new proposed training programs or the acquisition of training equipment.
Human Resources staff worked with the Police Department to develop the job classification specifications for the Training Manager position. The Training Manager position will be part of the City of South Gate Professional and Mid-Management Association ("PMMA"), is an Exempt Classification, and the new Pay Scale 635 ($7,469 to $9,079 monthly) will be incorporated in the Salary Pay Table.
Staff also worked with the PMMA Board Members to review the new job specifications, of which it is in agreement.
ATTACHMENT: Proposed Resolution (including job specification and salary pay table) 2 41
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION
AND POSITION CLASSIFICATION PLAN) TO RECLASSIFY THE TRAINING SPECIALIST CLASSIFICATION TO TRAINING MANAGER; APPROVE THE
JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF TRAINING MANAGER; AND TO APPROVE THE ADJUSTMENT OF THE SALARY PAY
TABLE TO ADD THE RESPECTIVE SALARY RANGE AND THE SALARY
PAY TABLE FOR THE TRAINING MANAGER
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments;
WHEREAS, the City desires to reclassify the existing Training Specialist position to a Training Manager position;
WHEREAS, the City desires to approve the job classification specifications for the position of Training Manager; and
WHEREAS, the City desires to approve the adjustment of the salary pay table to add the respective salary range and the salary pay table for the Training Manager.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby approve the reclassification of the existing Training Specialist to a Training Manager in the Police Department.
SECTION 3. The City Council hereby approves and adopts the proposed amendments to Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the job classification specification for the position of Training Manager.
SECTION 4. The City Council hereby approves and adopts the proposed job specification for the Training Manager Classification, attached hereto as Exhibit "A." SECTION 5. The City Council does hereby approve and adopt the proposed Pay Table attached hereto as Exhibit "B."
42 SECTION 6. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 27'h day of June 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: RauS>3!,'\:Attorney
434
EXHIBIT " A"
City of South Gate
Position Specifications and Attributes
TRAINING MANAGER
DESCRIPTION
Under general supervision, is responsible for the development, implementation, and management of the Police Department's training programs in accordance with the Commission on Peace Officer Standards and Training (POST), and Board of State and Community Corrections, and all in-house training; performs related duties as required. aThis is an exempt FLSA position.
CLASS CHARACTERISTICS
The Training Manager is a single position supporting specialized activities related to the Police Department and provides highly responsible complex administrative tasks and management support to the Police Department Administration Division.
SUPERVISION RECEIVED
Works under the general supervision of the Administration Division Sergeant, Lieutenant and/or Captain.
SUPERVISION EXERCISED
Does not exercise supervisory responsibility.
ESSENTIAL FUNCTIONS
Thefollowing functions are typicalfor this classification. Theincumbentmaynotperform all of the listed functions and/or may be required to perform additional or differentfurtctionsfrom thosesetforth below to address business needs and changing business practices.
Oversees all initial training, continuing education programs and maintenance of certifications for all police department personnel as required by POST and Board of State Community and Corrections (BSCC) training requirements.
Manages the scheduling of all job-related schools and training courses required by the Police Department, POST and BSCC for Police Department personnel.
Identifies educational gaps to provide training in all areas, such as leadership and management training to fulfill the mission and vision of the Police Department; conducts ongoing training needs assessments and analysis on current trends related to training and police standards of operations.
Researches and analyzes POST, BSCC, state and federal regulations, policies and procedures on issues involving training, police standards of operation and legislation that impacts law enforcement; researches material as assigned by the Administration Division management personnel.
Responsible for updating the department policy manual and manual of rules and procedures in accordance with state and federal law and department standards of operations.
Identifies qualified instructors and speakers to provide training and provides training to department personnel when needed; ensures appropriate equipment and resources are available for instructors and attendees; Secures and verifies City training facilities and equipment are operational and well maintained.
Attends seminars on training requirements and changes from POST, BSCC and state legislation. 44 TRAINING MANAGER (cont.)
Reviews and evaluates course materials provided by police department instructors for completeness, accuracy, relevance, and effectiveness in delivery; coordinates with POST and BSCC for training curriculum approval of appropriate state certification. Maintains files on all POST and BSCC required courses.
Monitors and tracks POST training activity using the State of California Electronic Data Interchange (EDI); completes periodic internal audits for scheduling and planning; training; applies for POST professional certificates; notifies POST of all Police Department appointments, separations, and peace officer eligibility; prepares and submits claims for POST training reimbursement.
Manages training files on all departmental persoiu'iel; assesses training needs of the department; sets guidelines for training; designs and researches new ideas for training; plans all in-house training.
Researches, develops, and leads Roll Call training, training bulletins, and maintains Roll Call Training Bulletin files.
Completes quarterly and aiu'iual BSCC training reports; prepares and submits claims for BSCC reimbursement.
Coordinates with the Administration Division Sergeant to guide recruits from hiring through training; assists in the management of the field training program to verify that personnel documentation is maintained properly.
Maintains effective working relationships with officers, command staff, training officers, police executives and instructors across the state and with members of the Los Angeles County Training Managers Association (LACTNA).
Works closely and networks with other City departments, law enforcement agencies, POST, police academies and training facilities to meet departmental training needs.
Represents the Chief of Police at designated functions and meetings.
Participates in budgetaiy functions by developing an operational training and specialized police equipment budget, monitoring expenditures, documenting all training expenditures and supplemental grant awards, submitting fiscal reports, and projecting future expenses and revenues; compiles, reviews and analyzes data to prepare recommendations on existing programs and implementation of new programs.
Oversees the implementation of special grant funded projects related to training; collects and analyzes data for grant adjustments and allocations.
Coordinates training travel and lodging arrangements; manages trairung related expenditures and processes personnel travel reimbursements.
Responsible for police employee identification cards, licenses to cariy concealed weapons for retired sworn police personnel and Carry Concealed Weapon permits for City of South Gate residents.
Maintains records of department issued equipment and closely monitors required training before equipment is issued.
45 TRAINING MANAGER (cont.)
QUALIFICATIONS
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way of obtaining the 7cnowledge and abilities would be:
Education and Experience
Completion of two years of college or an AA degree in Administration of Justice or a related field with courses in teaching/training, educational research and/or public speaking or related field, and a minimum of five years of progressively responsible experience in the areas of program evaluation, preparation of course outlines, and research and development is required. Additional work experience may be substituted for the college education requirements.
Knowledge, Skills and Abilities
Knowledge of: POST, BSCC, and LACTMA programs; computer systems, programs and LEFTA Shield applications; working la'iowledge of the governrnental structure/organization of the City of South Gate; governmental function and interrelations of the Police Department; personnel/management rules and procedures of the City of South Gate, including but not limited to equal employment opportunity Ability to: reason analytically, prepare clear and concise reports, coordinate various training programs; speak in public; operate audio visual equipment; and effectively operate a personal computer; interact tactfully, effectively and sensitively with City Officials, Officials of other organizations, members of other agencies, community organizations, community leaders, the media and especially the public; understand and be sensitive to the needs and concerns of ethnic and cultural groups in the City; evaluate sensitive situations quickly and initiate appropriate action to diffuse situations and/or resolve problems.
PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually quiet. Incumbents are not substantially exposed to adverse environmental conditions.
Created: 06/27/2023
46 Exhibit "B"
Salary Pay Table
South Gate Professional and Mid-Management Employees
Effective 06-27-2023
ExemptClassifications StepA StepB StepC StepD StepE
609 RECREATIONSUPERVISOR 6,065 6,369 6,687 7,021 7,372
613 CUSTOMERSERVICESUPERVISOR 6,416 6,737 7,074 7,427 7,799 615 CODEENFORCEMENTSUPERVISOR 6,523 6,849 7,191 7,551 7,928 616 MARKETING & COMMUNITY ENGAGEMENT MGR. 6,608 6,938 7,285 7,650 8,032 617 POLICERECORDSMANAGER 6,976 7,325 7,691 8,076 8,480
617 TRANSPORTATIONSUPERVISOR 6,976 7,325 7,691 8,076 8,480 621 SENIORACCOUNTANT 7,322 7,688 8,072 8,476 8,900
623 SENIORPLANNER 7,537 7,914 8,310 8,725 9,162
626 EQUIP. MAINTENANCE SUPERINTENDENT 7,865 8,258 8,671 9,104 9,560 626 SENIORFINANCIALANALYST 7,865 8,258 8,671 9,104 9,560 628 SENIORENGINEER 8,596 9,025 9,477 9,950 10,448
629 ELECTRIC&GENMAINTSUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 STREET&SEWERSUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 REVENUEMANAGER 8,889 9,333 9,800 10,290 10,805
630 WATERDMSIONMANAGER 9,968 10,466 10,989 11,539 12,116 631 SENIORCMLENGINEER 9,788 10,277 10,791 11,331 11,897 633 CITYTRAFFICENGINEER 10,277 10,791 11,331 11,897 12,492 634 PRINCIPALCMLENGINEER 10,571 11,099 11,654 12,237 12,849 635 TRAININGMANAGER 7,469 7,843 8,235 8,647 9,079
Non-ExemptClassifications StepA StepB StepC StepD StepE 601 ADMINISTRATIVEASSISTANT 5,152 5,410 5,680 5,964 6,263 601 ASSISTANTPLANNER 5,152 5,410 5,680 5,964 6,263
601 MANAGEMENTASSISTANT 5,152 5,410 5,680 5,964 6,263
606 HOUSING&GRANTSANALYST 5,468 5,742 6,029 6,330 6,647 610 ADMINISTRATIVESERVICESCOORDINATOR 6,147 6,454 ei,777 7,116 7,472 610 BUDGET&PAYROLLANALYST 6,147 6,454 ei,777 7,116 7,472 610 COMMUNITYENGAGEMENTMGT.ANALYST 6,147 ei,454 ei,777 7,116 7,472 610 HUMANRESOURCESANALYST 6,147 ei,454 ei,777 7,116 7,472 610 INFORMATIONSYSTEMSANALYST 6,147 ei,454 6,777 7,116 7,472 610 MANAGEMENTANALYST 6,147 6,454 ei,777 7,116 7,472
612 CRIMEANALYST 6,222 6,533 6,860 7,203 7,563
613 PURCHASINGSUPERVISOR 6,416 6,737 7,074 7,427 7,799
614 ACCOUNTANT 6,481 6,805 7,146 7,503 7,878
615 ASSISTANTENGINEER 6,523 6,849 7,191 7,551 7,928
478
Salary Pay Table
South Gate Professional and Mid-Management Employees
Effective 06-27-2023
Non-ExemptClassifications StepA StepB StepC StepD StepE 619 SENIOR ADMINISTRATIVE ANALYST 7,112 7,467 7,841 8,233 8,644 619 PUBLICWORKSSENIORMANAGEMENTANALYST 7,112 7,4ei7 7,841 8,233 8,644 622 ASSOCIATEENGINEER 7,481 7,856 8,248 8,661 9,094
624 TECHNICALSERVICESMANAGER 7,613 7,993 8,393 8,813 9,253 625 INFORMATION SYSTEMS ADMINISTRATOR 7,613 7,993 8,393 8,813 9,253 632 FAMILYVIOLENCEPROGRAMCOORDINATOR 6,969 7,317 7,683 8,067 8,471 632 CRIME SCENE FORENSIC SPECIALIST 6,969 7,317 7,683 8,067 8,471 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYATTY(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANT(CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,325 6,641 6,973 7,322 7,688 g
48 CITYMANAGER!OFFiCE Item No. 5
JUN21 2023
CITY COUNCIL
AGENJDA BJ[LL
Department Director:
For the egular Meeting of: June 27, 2023
ment: Public Works
Citv Manager ('CCrisJeffers
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2873 WITH BEAR COMMUNICATIONS, INC. TO CONTINUE EQUIPMENT MAINTENANCE
SERVICES AND FEDERAL COMMUNICATIONS COMMISSION ("FCC") CHANNEL
SHARING LICENSE FOR THE CITY'S RADIO COMMUNICATION SYSTEM PURPOSE: To extend the term of Contract No. 2873 for up to two years to continue maintenance services needed for the radio communication system of the City's Emergency Operations Center and the FCC Channel Sharing License.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 2873 with Bear Communications, Inc. for a two-year extension, to secure maintenance services for the City's radio communication system, and the FCC channel sharing license, for an amount not-to-exceed $80,788; and b. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
FISCAL IMPACT: Amendment No. 3 is in the amount of $80,788, which will be funded as a part of the Fiscal Year 2023/24 and 2024/25 operating Budgets as summarized below:
Funding Source
General
100
Gas
212
Measure M
224
Lighting/
Landscaping
251
Water
411
Sewer'
412 Total
Contract No. 2873 $45,106 $60,469 $60,512 $60,512 $9,994 $236,593 Amendment No. l $11,824 $6,513 $7,229 $7,229 $2,163 $34,958 Amendment No. 2 $11,997 $7,250 $8,047 $8,047 $2,407 $37,748 Amendment No. 3
FY 2023/24 $13,682 $7,250 $8,047 $9,008 $2,407 $40,394
FY 2024/25 $13,682 $7,250 $8,047 $9,008 $2,407 $40,394
Total $96,291 $66,982 $21,750 $91,882 $93,804 $19,378 $390,087 l
AS13772.0860872 4873-6304-2407vl 49
ANALYSIS: Bear Communications, Inc., ("BearCom") is under Contract No. 2873 to maintain the City's radio communication system. This radio cornrnunication system is used as a part of the Emergency Operations Center for vital cornrnunications during major emergencies, such as during a natural disaster, as well as some day-to-day communications. The contract has two components 1.) the FCC license fee of $3,125, and 2.) a maintenance fee of $37,492. The FCC license is used to provide the radios with a communication frequency. The maintenance fee provides services to maintain the radio communication system. The current term of the contract expires on June 30, 2023. Amendment No. 3 proposes to extend the term for up to two years, during which the contract term will continue on a month-to-month basis after the first year.
BACKGROUND: The Emergency Operations Center ("EOC") is a central command and control facility responsible for emergency and disaster management. The EOC functions at a strategic level during an emergency, and communication with emergency response teams is a top priority. The EOC is equipped with a radio communication system that provides direct access to field personnel. The radio system consists of 92 mobile units and 53 portable units. The system provides communication with the EOC, and the departments of Public Works, Community Development, and Parks and Recreation.
On November 28, 2012, the City Council approved Contract No. 2873 with BearCom for a 5- year term effective July 1, 2013, to July 1, 2018, in the amount of $236,593. Amendment No. I was approved by the City Council on January 22, 2019, for a term extension of 1 year in the amount of $34,958. Amendment No. 2 was approved by the City Council on May 24, 2019, for a term extension of three years in the amount of $111,165. The term ends June 30, 2023.
Amendment No. 3 will extend the contract term by one year, from July 1, 2023, through June 30, 2024, with respect to both maintenance services and the channel sharing license.
Maintenance services include such items as on-site responses; removal and replacement of equipment; preventive maintenance; and annual radio battery replacement for handheld radios.
BearCom also provides an FCC channel sharing license under which the radios communicate.
ATT ACHMENTS: A.
B.
C.
D.
OH/AA:lc
Proposed Amendment No. 3
Contract No. 2873
Amendment No. 1 to Contract No. 2873
Amendment No. 2 to Contract No. 2873
2 AS13772.0860872 4873-6304-2407vl 50
Attachment A
Amendment No. 3
to Contract No. 2873
AMENDMENT N0. 3 TO CONTRACT N0. 2873 FOR
REPLACEMENT OF RADIO SYSTEM AND LEASE OF
ADDITIONAL RADIO FREQTJENCY CML BETWEEN
THE CITY OF SOUTH GATE AND BEAR
COMMUNICATIONS, INC.
This Amendment No. 3 to Contract No. 2873 for replacement of Radio System and Lease of additional Radio Frequency Channel ("Amendment No. 3") is made and entered into on June 27, 2023, by and between the City of South Gate, a California municipal corporation ("City"), and Bear Communications, Inc., a California corporation doing business as Bearcom Group ("Consultant"). This Amendment amends that certain Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel, City Contract No. 2873, entered into between the City and Bearcom's predecessor-in-interest, Advanced Electronics, Inc., on November 28, 2012 (the "Original Agreement"), which was previously amended by that certain Amendment No. 1 to Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel dated January 8, 2019, and effective as of July 1, 2018, entered into by the City and Bearcom ("Amendment No. 1") and by that certain Amendment No. 2 to Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel dated as of May 24, 2019, entered into by the City and Bearcom ("Amendment No. 2") All capitalized terms used in this Amendment No. 3 shall have the same meanings ascribed to them in the Original Agreement unless otherwise defined herein.
RECIT ALS
WHEREAS, the Original Agreement contained three separate and distinct components:
(i) A purchase component identified at Sections 1 and 3 of the Original Agreement and described in detail in Exhibits A and B to the Original Agreement. (ii) A maintenance component, identified at Section 2 of the Original Agreement as the "Maintenance Agreement" and described in detail in Exhibit C to the Original Agreement; and
(iii) A radio-frequency-channel lease component identified at Section 4 of the Original Agreement as the "Charu'iel Sharing Agreement" and described in detail in Exhibit D to the Original Agreement.
WHEREAS, Amendment No. 2 extended the terms of the Maintenance Agreement and the Channel Sharing Agreement to June 30, 2023.
WHEREAS, the City and Bearcom now wish to further amend the Original Agreement with respect to the terms of and compensation payable under the Maintenance Agreement and Channel Sharing Agreement, all on the terms and conditions set forth herein.
AS13772.0860872 4858-4129-5975vl
51 NOW, THEREFOR, the parties agree as follows:
1. MODIFICATION TO AGREEMENT
1.1 EXTENSION OF TERM OF MAINTENANCE AGREEMENT.
The City and Bearcom hereby extend the term of the Maintenance Agreement through and including June 30, 2025. The term extension shall be for one year a:tter which the contract shall continue on a month-tomonth basis for up to 12 months, ending on June 30, 2025.
1.2 EXTENSION OF TERM OF CHANNEL SHARING AGREEMENT.
The City and Bearcom hereby extend the term of the Charu'iel Sharing Agreement through and including June 30, 2025. The term extension shall be for one year after which the contract shall continue on a month-tomonth basis for up to 12 months, ending on June 30, 2025.
2. COMPENSATION,
Additional Compensation. Notwithstanding anything to the contrary in the Original Agreement, Amendment No. I or Amendment No. 2, the City shall pay to Bearcom the sum of Forty Thousand Three Hundred Ninety-Four Dollars and Four Cents ($40,394.04) as full compensation for all of Bearcom's services under (i) the Maintenance Agreement for the period from July 1, 2023, through June 30, 2024, and (ii) the Channel Sharing Agreement for the Period from July 1, 2024, through June 30, 2024. Of that amount, $36,399.36 shall be allocated to the Maintenance Agreement and $3,994.68 shall be allocated to the Channel Sharing Agreement. Compensation continues at the same rate on a month-to-month basis for up to 12 months, at a monthly rate of Three Thousand Three Hundred and Sixty-Six Dollars and Seventeen Cents ($3,366.17), for a total of Forty Thousand Three Hundred Ninety-Four Dollars and Four Cents ($40,394.04) for Fiscal Year 2024/25. The grand total shall not exceed Eighty Thousand Seven Hundred and Eighty-Eight Dollars and Eight Cents ($80,788).
3. EFFECT OF AMENDMENT.
Affirmation of the Original Agreement. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendment No. 1, and Amendment No. 2 shall remain unchanged and in full force. Furthermore, City reserves the right to augment or reduce the scope of work as the City deems necessary. The City and Bearcom each acknowledge, represent, and warrant that to the best of its knowledge, neither party is in default of its obligations under the Original Agreement, Amendment No. 1, or Amendment No. 2.
4. EFFECTIVE DATE.
The effective date of this Amendment No. 3 is July 1, 2023, and will remain in effect through and including June 30, 2023, unless otherwise terminated in accordance with the terms of the Agreement.
2 AS13772.0860872 4858-4]29-5975vl
52 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 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:
Raul F. Salinas, City Attorney
BEAR('OM GROUP:
BY:
Stanley Cameron, Western Regional
Vice President
Dated:
3 AS13772.0860872 4858-4129-5975vl
53 Attachment B
Contract No. 2873
AGREEMENT FOR
REPLACEMENT OF RADIO SYSTEM AND
LEASE OF ADDITIONAL RADIO FREQUENCY CHANNEL
THIS AGREEMENT FOR REPLACEMENT OF RADIO SYSTEM AND
LEASE OF ADDITIONAL RADIO FREQUENCY CHANNEL ("Agreement") is entered into as of November 28, 2012 by and between the City of South Gate (the "City") and Advanced Electronics, Inc., a California corporation ("Advanced Electronics"), and is made with reference to the following facts:
-RK -CI -T-A-LS
A. In order to comply with new federal regulations which become effective January 1, 2013, the City must upgrade its existing mobile and portable two way radio system from an analog system to a digital system.
B. In addition, although the City currently possessesan FCC license for its radio system, the City desires to obtain a second license in order to be able to operate on a second radio frequency in case of emergencies. Because no new licenses are available to the City directly from the FCC, the City wishes to lease and available frequency from an existing licensee.
C. Advanced Electronics is willing to sell the City a new digital radio system and to lease to the City an additional radio frequency channel, and the City is willing to purchase that system and lease that radio frequency channel from Advanced Electronics, all on the teims and conditions set forth in this Agreement.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Advanced Electronics hereby agree as follows:
1. Purchase and Sale of Radio System; Scope of Work. Advanced Electronics agrees to replace the City's existing analog two way radio system with a new Motorola MOTOTRBD digital radio system (the "System"), pursuant to the first five paragraphs of the three-page proposal attached hereto as Exhibit A (the "Proposar'). The System to be provided by Advanced Electronics hereunder shall include all of the equipment and labor listed on pages l through 4 of the November 5, 2012 Quote attached hereto as Exhibit B (the "Quote").
2. Five Year Maintenance Agreement. Without limiting the generality of the foregoing, the parties agree that the System includes Advanced Electronics' agreement to maintain the System for a period of five (5) years pursuant to Line 37 on page 2 of the Quote, on the terms and conditions set forth in the November 5, 2012 "5 year maintenance agreement proposal" attached hereto as (the "Maintenance Agreement"). 3369627.2 - L235.53
54 3. Purchase Price of Radio System. As consideration for Advanced Electronics' sale and installation of the System, the City will pay to Advanced Electronics the amounts specified on pages I through 4 of the Quote. Payment for equipment and labor shall be made in installments, at such times and in such amounts as specified at Line 46 on page 4 of the Quote.
The total amount payable by the City hereunder shall not exceed Two Hundred Thirty-Six Thousand Five Hundred Ninety-Three Dollars and Fifiy-Six Cents ($236,593.56), as specified on page 4 of the Quote.
4. Lease of Radio Frequency Channel. In addition to the purchase of the System, Advanced Electronics hereby leases to the City, and the City hereby leases from Advanced Electronics, the right to use channels 173.2250 MHz (FCC call sign WPYS793) on all of the terms and conditions, including without limitation the rate of payment, set forth in the FCC Channel Sharing Agreement and the Addendum attached thereto, each of which is attached hereto as Exhibit D (the "Channel Sharing Agreement")
5. Representations and Warranties. Page l of the Quote identifies twelve "Features of the MOTOTRBO digital system"; page 2 of the Quote identifies twelve "Benefits for the city of South Gate"; and page 2 of the quote also identifies three "Anticipated cost savings".
Advanced Electronics acknowledges that its inclusion of those features, benefits and savings played a material role in the City's decision to enter into this Agreement. Accordingly, Advanced Electronics represents and warrants to the City that the System will include those features, excluding GPS, Telemetry, Man Down and Service Ticket Writing, as those features are not included in the quote. Advanced Electronics represents and warrants to the City that the system will include those Benefits, exclusive of GPS, Telemetry, Man Down and Service Ticket Writing, as those features, which could benefit the city are included in the quote. Advanced Electronics represents and warrants that the City should receive cost savings as identified. In addition, and without limiting the generality of the foregoing or of anything contained in the Quote, Advanced Electronics hereby warrants the System and its maintenance thereof as more particularly specified in the Commercial Warranty attached hereto as Exhibit E (the "Warranty").
6. . All notices required to be given pursuant to the terms hereof shall be in writing and shall be either (a) personally delivered, (b) deposited in the United States express mail or first class mail, registered or certified, retum receipt requested, postage prepaid, (c) delivered by ovemight courier service, or (d) delivered by facsimile or e-mail transmission, provided that the original of such facsimile notice, or a copy of such e-mail notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile or email transmission. All such notices shall be deemed delivered upon achial receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (a), (b) or (c) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party:
2 55
To the City:
City of South Gate
Public Works Department
4244 Santa Ana Street
South Gate, California 90280-2314
Attn: David E. Torres,
Field Operations Manager
Telephone No.: (323) 563-5790
Fax No.: (323) 582-3106
E-mail: [email protected]
To Advanced Electronics:
Advanced Electronics Information Systems
2601 Manhattan Beach Blvd.
Redondo Beach, CA 90278
Attn: Robert W. Conrey
Telephone No.: (310) 725-0410
Fax No.: (310) 643-8167
E-mail: [email protected]
With a copy (which shall not constitute notice)
to:
Raul F. Salinas
AlvaradoSmith, APC
633 W. 5" Street, Suite 1100
Los Angeles, California 90071
Telephone No.: (213) 229-2400
Fax No.: (213) 229-2499
E-mail: [email protected]
With a copy (which shall not constitute notice)
to:
City Clerk's Office
City of South Gate
8650 Califomia Avenue
South Gate, CA 90280
Attn: Carmen Avalos
Telephone No.: (323) 563-9573
Fax No.: (323) 563-5411
E-mail: CAvalos@,sogate.org
7. . Time is of the essence of every provision contained in this Agreement. If the date ("Performance Date") on which any action is to be taken, any obligation is to be performed, or any notice is to be given under this Agreement falls on a Saturday, Sunday or holiday, such Performance Date shall be automatically extended to the next business day.
Except as otherwise expressly provided herein, all references to periods of days shall refer to consecutive calendar days.
8, Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns.
9. Incorporation of Recitals and Exhibits; Conflicts. All of the recitals set forth in this Agreement, and all of the exhibits attached to this Agreement, are by this reference incorporated in and made a part of this Agreement as though fully set forth herein. In the event of any conflict between tbis Agreement and the exhibits, the provisions of this Agreement shall control. In the event of any conflict between the Proposal and the Warranty, the provisions of the Proposal shall control. In the event of any conflict between the Quote and the Maintenance Agreement, the provisions of the Quote shall control. In the event of any conflict between the Quote and the Warranty, the provisions of the Quote shall control.
10. Attorneys' Fees. If either party brings suit against the other with respect to this Agreement, then all costs and expenses, including without limitation actual professional fees and costs such as appraisers' accountants' experts', and attomeys' fees and costs, incurred by the prevailing party (whether that party prevails by final judgment or out-of-court settlement) shall be paid by the losing party. The losing party's obligation shall be deemed to have accrued on the 3 56
date of the commencement of such actions and shall be enforceable whether or not the action is prosecuted to judgment. As used herein, the term "attorneys' fees and costs" shall include, without limitation, attorneys' fees, costs, and expenses incurred in connection with any (a) postjudgment motions, (b) contempt proceedings, (c) garnishrnent, levy, and debtor and thirdparty examinations, (d) discovery, and (e) bankruptcy litigation. As used herein, the term "prevailing party" shall include without limitation any party against whom a cause of action, complaint, cross-complaint, counter-claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice.
11. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto.
12. Governing Law. Tis Agreement shall be shall be constnied and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. No effect shall be given to any choice of law or conflict of law provision, principal or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
13. Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Agreement may be brought in any state or federal court of competent jurisdiction in the County of Los Angeles, State of California, and by execution and delivery of this Agreement each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts (both personal jurisdiction and subject matter jurisdiction), waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect.
Nothing herein shall affect the right to serve process in any other manner permitted by law.
14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature page and may be executed by the affixing of the signatures of each of the parties to any one of such counterpart signature pages; all of such counterpart signature pages shall read as though one and they shall have the same Force and effect as though all of the signers had signed a single signature page,
15. Entire Agreement. This Agreement and the Exhibits attached hereto contain the entire understanding of the parties and supersede any and all other written or oral understanding.
No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 4 57
16. . Any captions or headings to the Sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof, and in no way define, limit or prescribe the scope or intent of this Agreement or any provisions thereof.
17. Severability. If any one or more of the provisions contained in tis Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.
18. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Agreement,
19. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof.
20. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies.
21. Joint and Several Liability. To the extent that either party constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several.
22. Relationship of Parties. Nothing contained in this Agreement or in the relationship between the parties shall be deemed to constitute a partnership, joint venture or any other relationship between them except that of vendor and purchaser.
23. No Third-Party Beneficiaries. The parties hereto acknowledge and agree that no provision in tis Agreement may be enforced by any third party.
24. Force Maieure. If either party is delayed or hindered in, or prevented from, the performance of any act required under this Agreement by reason of a "Force Majeure" as defined below, then performance of such act will be excused for the period of delay and the period for the performance of any such act will be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, however, nothing in this Section shall excuse either party from the prompt payment of any amounts owing by that party under this Agreement. Further notwiUhstanding the foregoing, no Force Majeure event shall excuse the delay of either party's 5 IO 58
performance by more than sixty (60) days. As used herein, the term "Force Majeure" means any one or more of the following to the extent not caused by the party claiming the delay:
(a) fire, earthquake, flood or other natural disaster; (b) internuption of any public utilities, including without limitation electricity, gas, water, sewer or telephone service; (c) governmental action or inaction, including without limitation failure, refusal or delay in issuing permits, approvals and/or authorizations; (d)restrictive governrnental laws, regulations or orders; (e) strikes, lock-outs, or similar labor interruptions; (f) inability to procure necessary construction materials; (g) riots, civil unrest or insurrection; (h) criminal activity; (i) terrorism; (j) war; or (k) any other unusual and unforeseeable delay not within the reasonable control of the party delayed,
25. Iniunctive Relief. Advanced Electronics understands and agrees that in the event of any breach of this Agreement by Advanced Electronics, the City would be irreparably and immediately harmed and could not be made whole by monetary damages. Accordingly, Advanced Electronics agrees that the City, in addition to any other remedy which it may have at law or in equity, shall be entitled to injunctive relief to prevent breaches of this Agreement and/or specific performance to compel compliance with this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement shall be deemed or construed to constitute a waiver of any rights or remedies of the City, whether provided by statute or common law, including such rights and remedies as the City may have under Code of Civil Procedure Sections 1245.010, et seq.
[Remainder of page left blank intentionally]
6 59
26. Representation Regarding Federal SDN List and Anti-Terrorism Laws.
Advanced Electronics hereby represents and warrants to the City that Advanced Electronics:
(a) is not listed on the Specially Designated Nationals List maintained by the U.S. Treasury Department's Office of Foreign Assets Control; (b) is not an entity that the City is prohibited from doing business with under state and/or federal anti-terrorism laws, including without limitation Executive Order 13224, 66 Federal Register 49079 (September 25, 2001), as amended by Executive Order 13284, 68 Federal Register 4075 (January 23, 2003); (c) will not violate any of said anti-terrorism laws; and (d) will not do business with any entity that Advanced Electronics knows or suspects has violated, is violating or intends to violate such anti-terrorism laws.
[Remainder of page left blank intentionally]
7 60
IN WITNESS WHEREOF, the City and Advanced Electronics have executed this Agreement as of the date first set forth above.
'ICITY"
CITY OF SOUTH GATE
W.H. (Bill) De Witt, Mayor
ATTEST:
Carmen Avalos, City Clerk
(SEAL)
"CONTRACTOR"
ADVANCED ELECTRONICS, INC.
,@A'sl ,!-\'
Robert W. Conrey
Title: ,/
OVED FORM:
F, Salinas, City Attorney
Date: ]'?{'J9'L
61 EXHTBTT " A"
62 lAdvanced Electronics
2601 Manhattan Beach Blvd
Redomo Beach. CA 90278
(310) 725-0410 Fax (310) 643-8167
Advanced Electmnics pmposes to replaz the existing analog two way radio system with a new Motorola MOTOTRBO digital radio system. Included in our purchase agreement is our quote for all oommunicatkins equipment as well as the Installation.
This new digital radio system provUes the latest in technology and covers all FCC narmw banding requirements now and into the future. We will be removing the existing repeater and receivers located through the city and replaclng only the repeater. The recelvers will no kinger be part of the radlo system infrastructure.
We will also be removing all of the old analog radios from the city fleet and replacing them with new dlgital radios in each vehicle that requlres mo way communlcatkins, Advanced Electronics will also be replacing all of the okler analog portable radios mth new digltal portable radios.
All of the installation and programmlng work will be done by Advanced Electronics and planned out to mlnimize any downtime or inconvenlences to the operation of the city's Publlc works depart.
Right now the FCC allows users to operate in wide band (25Khz) unUI January 1" 2013.
At that time you are required to operate in Narrow band (12.5Khz). Eventually they wlll require you to operate In Supper narrow band (6.251kz). This new digltal radlo system will operate in Narrow band now and is capable of operatlng In super narmw band which we anticipate being enforced no earlierthan 10 years for January 1, 2013.
Some of the key features and benefits to this new radio system are listed below.
Features of the MOTOTR80 dlgital system.
* Narrowband and Super-Narrow band capability
* Digital audio quallty provides crystal clear audlo
* GPS capability in both mobile and portable radios
* Double the channel capacity uslng TDMA technology
* Capable of working in both digital and analog modes
* Radios are capable of utillzing telemetry
* Radios have a emergency or man down feature
* Radios have Individual ID or alias's
@ Talk to one radio or a group of radios
* System interrupt
* Text messaging and can messages.
@ Many IP based software programs to customize radio operations 63 lAdvanced Electronics
Benefits for the cfty of South Gate
* FCC narrow banding requirements are another 15 years
* Clearer communications provlde a safer work environment and less confusion * GPS systems can provide informatlon to provide valuable Information for thlngs 11ke liabillty, employee efficiency, employee safety, can help fuel usage and help keep the work force more efficient.
* TDMA technology provides two talk channels for the cost of one, this doubles the amount of traffic through the repeater system for both data and volce traffic. * The abilfty to operate in both analog and digltal allows for interoperability with other radios systems.
s Telemetry allows the radio user to open and close circuits that control gates, doors, valves etc.
* The man down feature is a feature that allows a worker to push one button to notlfy the dlspatcher that they are In trouble or hurt, along with the GPS this is very valuable. * The ID feature allows others to see whlch unit Is transmltting. This can help Identify users that mlsuse the system or that may be unintentlonally keylng up the system. At which polnt a supervisor can kill that radlo to free up the system. * Group calls and private calls can be very useful and keep unwanted listeners out of critical communlcations. Supervisors have the abillty to choose to talk to one radio or to all radlos within a group. Many groups can be made.
* System Interrupt gives a supervisor the ability to take over a channel at anytime klcklng off anyone who may be talklng. This Is very important during an emergency or if someone has a radio stuck on transmlt.
@ Radios can send and receive text messages. Preset messages can be sent as well.
Messages such as, On Scene, Clear, Lunch, etc,
* The MOTOTR80 radio system is an IP based system with the intention of utllizlng software systems such as GPS, dispatching, servlce ticket wrlting etc etc. New software Is being developed every day and can help integrate systems to make the city more efficient.
Antlelpated cost savlngs
* t.esscostonMaintenancefortheflrst3yearsasthenewradlosareunderwarranty. * Cost savings by gettlng rid of leased phone lines with monthly bllllng. * Trade In rebate from Motorola that will reduce the initial purchase prlce. 64 lAdvanced Electronics
Advanced Electmnics has provided radios systems and services for theCity of South Gate and the Police Deparhnent for over 15 years. We feel that we have a very special relationship with the city as a whole and due to our extensive knowlaige of your city and the radios systems in particular, we know we have the best solution for the city. The costs for the equiptnent provided under this proposal, is less than the county contracts.
Advanced Electmnics has sold and installed similar systems in the City of Bellflower, City of Lakewood, City of Thousand Oaks, Long Beach Transit and several others. All systems are still currently in use and successful. PJease see attached list of references as a separate document.
Advanced Electronics looks forward to working with the Public works department to deploythis new system which provides the city with their own communications system that will be available for them for day to day use and in case of an emergency. /77-65
EXHIBIT "B"
i? 66
a
Quote
Advanced Electronics Inc.
PAGE:
2601ManhattanBeachBlvd.,RedondoBeach,CA 90278*310-725-0410*Fax310-643-8167 1000 Town Center Drive, Suite # 300, Oxnard, CA 93036 * 805-604-9166 ' Fax 805-604-9199 865 S. Milliken Ave., Suite C & D, Ontmo, CA 91761 * 909-390-0460 * Fax 909-937-7127 ORDERDATE: 11/5/2012
BILL TO:
CITY OF SOUTH GATE
ACCOtJNTS PAYABLE
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
www.advancedelectronics.com CUSTOMERNO.: 1219403
SmP TOi
SOUTH GATE-ENGINEERING
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
CONTACTi CITY OF SG-BLDG & SAFE.
PHONEi 323-563-5485
KMAlLi [email protected]
ORDER NO Pa NUMBER
0041415
SmP WA
OUR TRUCK
CONTACTi OSIE HARRELL
PHONE: 323-563-5485
EMAIL:
FOR TERMS
NET 30
LINE
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6 7
8 9
10 11
12 13
14 15
ITEM
AAM27JNH9LA1AN
QAO1227AC
RKN4136A
RAD4216A
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PMKN4010B
SS-18MT
RFU600-6
RMN5o50A
0180355A80
01 83938BO3
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AAH55JDH9LA1AN
QAO1227AC
QAOO684
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DESCRJPTION
XPR4550 136-174 MHZ DISPY CiPS
)a'R MOBILE USER GtJIDE
CABLE, IGNITION
COMBO GPS/VHF 1/4 WAVE ANTENNA
INCLUDES 84 MOBILE RAD{OS AT A TRADE
m DISCOUNT OF $100 PER RADIO
XPR4550 136-174 MHZ DISPY GPS
CABLE, PROGRAMMNG
ASTRON 12V 18 AMP POWER SUPPLY
!vflNI UHF MALE RG58 CONN
M[CROPHONE
SPECTRUM MAGNETIC MNT, MINIUHF
ANTENNAROD, 152-162MHZ
COUPLING, NUT
INCLUDES 2 SPARES AND 7 BASE ST ATIONS:
(3 SECRETARIES, l SCADA, l ADMIN, l PW
ENGINEERING, 1 SGPD) AT A TRAJ)E IN
DISCOUNT OF $100 PER RADIO
XPR6550 136-174 MHz PORTABLE
USER GUIDE
GPS HELICAL 160-174MHZ ANT
CHARGER tMPRES 6 BANK WDISPLAY
QTY
84.00 84.00
84.00 84.00
0.00 55.00
55.00 55.00
9.00 SALESPERSON
LARA PRIETTO
U!ffi PRICE EXTENDF,D
379.00
0.00 28.60
€06.15
0.00 379.00
51.75 81.00
2.10 92.40
22.50 2.22
2.82 0.00
529.00
0.00 0.00
495.00
31,836.00
0.00 2,402.40
8,916.60
0.00 3,411.00
465.75
729.00
18.90 831.60
202.50
19.98 25.38
0.00 29,095.00
0.00 0.00
4,455.00
Conanued
67 Quote
Advanced Electronics Inc.
PAGE:
2601 Manhattan Beach Blvd., Redondo Beach, CA 90278 * 310-725-0410 " Fax 310-643-8167 1000 Town Center Drive, Suite # 300, Oxiiard, CA 93036 * 805-604-9166 * Fax 805-604-9199 865 S. Milliken Ave., Suite C & D, Ontario, CA 91761 * 909-390-0460 * Fax 909-937-7127 ORDER DATE: 11/5/2012
BILL TO:
CITY OF SOtJTH (JATE
ACCOUNTS PAYABLE
8650 CALIFORNIA AYE
SOUTH GATE, CA 90280
CONTACT: CffY OF SG-BLDG & SAFE.
PHONE: 323-563-5485
EMAJL: ewe)[email protected]
ORDERNO PONUMBER SHIPVIA
H41415 0tJRTRUCK
www.advancedelectronrcs.com (.USTOMERNO.i 1219403
SHIP TO:
SOUTH GATE-ENGINEERING
8650 CALIFORNIA AVENUE
SOU'm GATE, CA 90280
CONT ACT: OSIE HARRELL
PHONEi 323-563-5485
EMAILi
FOB TERMS
NET 30
LINE rIEM DESCRIPTION
21 INCLUDES 55 PORT ABLE RADIOS AT A
TRADE IN DISCOtJNT OF $100 PER RADIO
22 **OO**Hnk**!II
25 T3000A
X330MT
CAO1520AA
MTR 3000 BASE RADIO
ADD:VHF 100W(136-174MHZ)
POWER CABLE DC
26 X265 PRE-SELECTOR
27 28
29 30
X153BA
X182
THN6701A
HKVN4044
158GNT
ADD: RACK MOUNT HARDWARE
DUPLEXER
CAB[NET, 30" W/ RAILS
DYNMC MIXED MODE SFTWR UPGRD
PREAMP, VHF
35 36
T3000
X330MT
X265
MTR 3000 TRBO RADIO
BACK UP/SPARE REPEATER
ADD:VHF 100W(136-174MHZ)
PRE-SELECTOR
37 MAINIENANCE CONTRACT EQUIPMENT
37 5 YEAR MAINTENANCE CONTRACT TO
INCLUDE 24/7 SERVICE FOR
INFRASTRUCTURE, FIELD SERWCp. ON
MOBILES AND PICK UP/DELIVERY SERVICE
ON PORTABLES
QTY
0.00 1.00
1.00 1.00
SALESPERSON
LARA PRIE'JTO
UNITPRICE EXTENDED
0.00 2,553.00
2,350.00
18.50 330.00
65.00 1,600.00
328.90
177.00
200.00
0.00 2,553.00
2,350.00
330.00
0.00 0.00
2,553.00
2,350.00
18.50 330.00
65.00 1,600.00
328.90
177.00
200.00
O.OO
2,553.00
2,350.00
330.00
0.00 102,215.76 102,215.76
Continued
20 68
Quote pAGE: 3
Advanced Electronics Inc.
2601ManhattaflBeachBlvd.,RedondoBeach,CA 90278*310-725-0410*Fax310-643-8167 1000 Town Center Drive, Suite # 300, Oxnard, CA 93036 * 805-604-9166 * Fax 805-604-9199 865 S. Mil}iken Ave., Suite C & D, Ontario, CA 91761 * 909-390-0460 * Fax 909-937-7127 ORDER DATEi 11/5/2012
BILL TOi
CITY OF SOUTH GATE
ACCOUNTS PAY ABLE
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
CONTACT: CITY OF SG-BLDG & SAFE.
PHONE: 323-563-5485
EMAILi [email protected]
svww.advancedelecvonics.com CUSTOMERNO.i 1219403
SHIP TO:
SOUTH GATE-ENGINEERING
8650 CALIFORNIA AVEa
SOUTH GATE, CA 90280
CONT ACTi OSIE MLL
PHONE: 323-563-5485
EMAIL:
ORDER NO PG NUMBER
0041415
LINE tTEM
38 LABOR
39 LABOR
40 LABOR
ju LABOR
42 LABOR
43 44
SHIP VIA
OUR TRUCK
DESCRIPTION
FOR TERMS
NET 30
LABOR TO PROGRAM ALL MOBILE AND
PORTAJ3LE RAJ)IOS
LABOR TO SET UP REPEATER INCLUDING
PROGRAMMING AND INSTALL
LABOR FOR MOBILE RADIO INST ALLS
LABOR FOR CONTROL ST ATION INSTALLS
LABOR- South Gate Public Works is cumintly
licensed by the FCC on frequency 158.7600 MHz.
which is the receive frequency of the current
repeater. The tmnsmit side of the current repeater
pair is frequency 173.2250 MHz. which is licensed
to Advanced Electronics, Inc. as a business
industrial frequency.
The South Oate Public Works frequency is currently
licensed as a PS (public safety) simplex channel and
will continue to fiinction as is in conjunction with
the Advanced Electtonics transmit frequency.
NOTE:ADVANCED ELECTRONICS MUST
RECEjVE A PURCHASE ORDER PRIOR TO
12/3 1/12 IN ORDER FOR THE CITY OF
SOUTHGATE TO QUALIFY FOR THE TRADE
IN DISCOUNT THAT WAS APPLIED TO THIS
QUOTE
TRADE IN DISCOtJNT IS EQUAL TO $100 PER
RADIO. TOTAL RAD!OS TO BE TRADED IN IS
148 INCLUDING PORTABLE, MOBILE, AND
BASE RADIOS. $100 XS 148 =S A TOTAL
"I'RADE rN DISCOUNT OF $14,800.
QTY
148.00
24.00 84.00
7.00 1.00
SALESPERSON
LARA PRIETI'O
UNIT PRICE EXTENDED
10.00 1,480.00
180.00 4,320.00
250.00
225.00
1,200.00
21,000.00
1,575.00
1,200.00
Continued
2/ 69
Quote PAGE: 4
Advanced Electronics Inc.
2601 ManhattanBeachBlvd.,RedondoBeach,CA 90278 *310-725-0410*Fax310-643-8167 1000 Town Center Drive, Suite # 300, Oxnard, CA 93036 * 805-604-9166 * Fax 805-604-9}99 865 S. Milliken Ave., Suite C & D, Ontario, CA 91761 * 909-390-0460 * Fax 909-937-7127 ORDERDATE: 11/5/2012
BILL TO:
CITY OF SOUTH GATE
ACCOUNTS PAYABLE
8650 CALIFORNIA AYE
SOUTH GATE, CA 90280
CONTACT: (flY OF SG-BLJ)G & SAFE.
PHONE: 323-563-5485
EMAIL: [email protected]
ORDER NO Pa NUMBER
[41415
SmP VIA
OUR TRUCK
svww.advancedelectronics.com CUSTOMERNO.i 1219403
8HIPTO:
SOUTH GATE-ENGINEERn4G
8650 CALIFORNIA AVEMJE
SOUTH GATE, CA 90280
CONT ACT: pSIE HARRELL
PHONE! 323-563-5485
EMAII,:
FOB TERMS
NET 30
SALESPERSON
LARA PRIETTg
LINE ffEM DF!iCRIFTION QTY UNITPRICE EXTENDED
This quote will expire on 12/3 1/20}2 unless an extension is requested and granted in writing.
Authorized Printed Name
11- $%- zot*
Date
NET ORDER:
FREIGHT:
SALES TAX:
TOT At!
227,055.27
250.00
9,288.29
236,593.56
Infoimation contained herein is privileged or confidential and is exempt from the public disclosure provisions thereof. It is furnished to the "reader" tn confidence, with the understandtng diat it will not, without written permission of Advanced Electmnics, be reproduced, used or disclosed for any purpose other than for which it was furnished. By signing this document, you have agreed to the above and the terms and conditions attached.
70 fflem l S_GATE SALE5i TAX s O.Og75
uw r%b " -- ' - - -
uU?lTS
Ndbha @ 513.75 EXT TOTAl ?ki %l _,__ __ __,_ __ . . i
Gf'S !, , i
TobdEqiJpmant $ 513.75 $ a,165.00
rl T a B r@ % A_X17J!1
-Labor @ 10.00 I a4aD0
R&R-Labor @ 25000 $ 21,0€K1.00 _________.____________
Vhasq wap J 3 y S 279.00 $ 23,a6.00 .-i . _ . _ _ ____ ______ (o) ____
FOC S &05 S 672.00
% W,31a.61 =______-,___,+___
;- - 4- -- --- -
toJwlTz $ 1l10.e4 S 93,310.61 .__ _ _,____ _ ___ _
'-"-"-' '-'-"'7':7'7-=-:'--'7----'-----"- --"- -_-_-_-_"3-;, % -" ' -T-6i-0,06 - " - EXT TOTAL,
l-LINn'S-- --,__4-,J'_'___________I---JpH Y'-""-=--"-'---J' --"""- :Asffi '-e-- Z- ------ i- '-llJ 'i
kl"a !.. ___.____ _______ ________;-. a_______y_-__-1-____- T .... . ___ _ _. . .. ____ . _.. ___ T41%u,, ___,,_-' 7:2_J-,__I-,__', _J-.-.Z.'__J ;;"$311a_; _S,_l __,___,':______00i_:f.___., _iNo'o-"'%l_"_ $! ____,_,, l _l__ ___,x.-x.'_,_, C_-Sam-T*-_ _ _Jl _ffl.'- _Tm.J__.._'_-I-.t7_ji4fl7j___ _ ____3J71.13_=. _ _ _lNo baRd@ytaom*nt ,_ __ % _ _ ._._ _. ___.i, -. . _ ___ _ f __._ _ . .. . ._. .. . _- __.- .. . - _i . .. . _ _ _ _. -l l ' -- - - - '-'- - - ' I 10-,06- i- " !5).00 ' a _ _ _ ___ _ ____ N;-'La'mr_JJ: __________._ 1-f.'.-Z-___JJ327-_7__-,,-,$J.____- J2_.I21,__),_-71:2 -:-2-_J:;,"_-'_I' X"27___.______,____l_,______,____ uJ*shiwz/!iaar @ 54.00 S 2!97000 - I
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m._ _______. . . , _, ,, ,_-,-7_ ---_ 7,-,-J ----_--&Na73 ':--_ _, 11 $ a2ffiJ5 ='4 85'.$ ?2ZN.64 Port__________ ___ _ __,,,_______'_________5$________-37077j,___________'3t)"____$-.-'2:______""7.41j4_._76_2-2'407j-'@-l €M.06a %mar_---_,J__JJN ___---- __ J___,_JH-_J'J_ _p:. _ 2-:_J::_J'___ZJ__-:_$L7__ _____J_':-_____-_23-__29>JQ_- - !"fa rl % l I @ I 1(l ffl41ffll
- - -- ---- - -- - - -- - -- - -- - -- - - - - -- - - -- - -- ---.- - -- - - =-- -- -- ----- - - i:- - --- - :--- - - fdj------_ 7_ ---- -.-""-'13-@ -_-__--- --1U*L"l-O - --- - -H'j-- - ---Tr4- a?----11 j44-,4HLN - -" '-' - " - - '- - - " - ""'-- - - - - '- '- - - " 'r' - " - - - - - - - - '-'- --' - - - i a ' -" - '- - -* - - - - ' - - ! - - - -- - -- - 7 F%Ji,P ___ __ _ ____, ___ ' "-T-, '$- - 173J$44JK1_14 ___ %_ _____ , _ __ _7 . _ ___, + __ _ _, _. :___ _ _ _ 'J _ _ ____.__.____________.._._______,m_-_Z___L_I_- _at___,____'______'-"250.QO_l______ "'j;eh f%&-L-l-Jl- - 5 - Wh-*& -_ ] 4fAJffl&Jl " -' '-""---'- - - ' - 'a a _ ... aea'aa'aa a'aa'._. a o l r - a-a -g - -a.: ,,,__ _, __ ____ * _, _ __ _ - - -i- _ . _ ., ________. . 4 _ ___. __ _. __. _. __ _____ ._%%... _ .. . _ _ _ _ ._ ._ _ ._ ._ _ _ __ _ ___ _. ___ .___._ _ . _ _ __ _ . _ ___.. __;__. __ _: __ __ _ _ _.._____- _ . _ __.._ _L _ ._. .. _____ _ _________l___ __ __ ____ _.._ _ . __ _ VGAllJalA*ln'EelalNT % !)lfflllll % !JmJl %
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'-'- -----'---- ----'---'---'---------:-'- '- --'-i-$---'- uuffiSj%" '-'--'-'-'--'--T[-'---'Q'--'-'-'-' ---- _ ________ _.__._..___--_ .-- - l - - - - - - - . I - - - - - - - - --- -- - - - - - - - - - - - - - - --l- - - - - - - '- -- """ -"" " - -' - a' - '- ' " - ' o '-' - - , : : "" a" " " ' : " " "' "' ' " . __ ._______._ _.___ ._. _ _____._.___. _l_1 . __ ____ ______._ __ -_ _- - __ _- H- -- - - - - - -- - _ _- - ' I ' 1. ,
.. . - _. ___ .____ _- __- - .-. __ --__ - -a - - - -- - - - -- -; -- - - -4- - - - - - - -- 73 Terms and Condltlons
ORDERS AND FIRM ORDERSi By placing ils order and executing the sales order form (referred to herein as 'Agreemenl' or "Form"), Custom er acknowledges its agteement to purchase equipment and services described on the sales order form and any attachments referenced thereon subject to the lerms and conditions which follow. Each sales order form must: (l) be sinned by an a ii th o rize d repres en ta tive of Custo m er; (2 ) ac c om p an ied by s w ri ue n purcha se orde r (w here Cust om er p ro ce dures req u ire lh e sa m e f or Sti Ch p ur aha Beg); aiid (3) be a C(:am pa iiied by th e p a jm ant Or d ep 08 it requ ire d a 8 sat fO rth O(l the gale 8 ord et fOfm. T O b e bi nding, a ac h sales order form must comply with all requirem ents bet forth herein and he accepted in wriiing by an aulharized representative of A d v an c ed E lec tro nic s. Inc. ("A d v an ced =). U po n writ ten ac ce ptan c e b y A dv a n c ed, e ac h sal es o rd er be co m es a =F IR M O R D E R." EQ UI PM EN T , L A NO R A N D A V A IL A BIL I TY i A dV anC ad Will held equ ip m ent and lab Or prig in g far 30 da Y8 * (l m the d ale Of th e sales order, after which pricing and availability ma} change Without nOliCe. Equipment availabilitYi installation scheduling and servtce schedulin g is always subject to the manufacluwr's ability to deliverequipm ent and parts.
F R EQ U E NC IE S, L IC EN SE S A N D S ER 'l IC E PR 0 V ID E R 8 : AII freq uenc iss and sq ue ICh co des are to be su pp lied by Cugt om er upo n e x ec ution of this A gieem enl un less Ad vanc ed h as sp ec ifi ca Ily ac ce pted ie spon sibi lily to p m vide th e sa m e in w ri Fing on the lia les order. Custom er aCCept8 full reaponsibtlity tut tbe accuracy Of 8uCh information and Will be responsible far any reStOCking fee, additional paris, and/or labor required due 10 incomplete, incorrect and/or invalid inform atioii provided b} Custom er. Custom er is sole ly resp onsl ble for obla in in g a n y lic en ses or other aulhoriza ti nus req ii ire d by the Fe deral Com mun ica tio ns Co m m issi on (" FC C ") and for complying With FCC rules, and with lhe rules acid regulations Of any Otber federal, stale or local regulatory agencyi Neither Advanced nor any Of ib employees are AGENTS or representatives of the Cuslamer On FCC mattem Or othenvise. ir appllcable, C u s to m er a c kn o wle dg e s Ih a t it h a g sele c led a ra d io c o m m o n c a rrie r t o p ro vi d e ser v ic e w h ic h u ti liz as ra d io fre qu e ncie s a u th o riz ed a n d controlled by th e FCC . Advanced hag iiO COThtrOIOVer quality, COVerage or reliabilfty Of service provided by Other parties. Customer acknowledges that RF signals ate subject to dead spots. power outages. atmospheric conditions and other pmblems which m ay at ti m es inte f ere With norm a I Cam m u n iCatiOnl. Ple a Se net e l hat RF I (radi O fre qu anCY in t erferen Ce) i ssu es Wh iCh COn8i81 0fl b u t nil ltm ite d tO: C0 -c ha nn el aCliV ity, a lternalor Whme, en gi ne nOi u OT Olber i nlerna I/e Xterna I interfe ran € e ia 8ii es, are That COVe)1! d b} th e eq uipment manufacturer or Advanced Electronics. Any remediation cosia related to locating or eliminating ihts type of inieference w ill b e charged to Ihe custom er at Advanced Electmnics' s(andard time and material rates.
PA YM EN T T ER M S AN D LA TE PA Y M E NT CH AR GE8 i Fu II pa ym enli sre q u ired with each order u nle ss other arrangemen ls are m ade and set forth on ffie sales ordm form. in the event that the full purchase price of eq utpment and services called for iii thts A g re effl ant i8 nOt pai d a11h e tim e Of Cu Stem er 'S order, the klnpa id bala nCe i8 d ue u pOii d 61iV ery Of th e equipm e nt 10 A d Va n ce d fr0 m th e m a n uf aCtu rer. A II p arm e nt8 WitI be by Cam pa ThYChe Ck , CaAhie r' S Ch eCk. In tone} Orde TOr 0 re dit Card (Vi sa. M a&terCa ml A m e riCa n E xpress or Discover ). A rrangem e n ts ca n be m ade in a d v anc e of th e order io pay b y Cu si om er c om pa n y c heck or c h ar ge d Io an o p en C u s to m er a cc o un t. A II c u st o m ers p a y in g b y C(l m p a n y ch e ck o r c har gin g 1o an o pe n ac c o un t m u it hav e naca iv ed p rtoy au€h oriz a tion b y h a vin g m et A dv a n ce d' s c red tt q ua lific al io n b p ri or to lh e pI ac em en l o f an y ord e r. N o em plo y ee of A d v anc ed is pe rm itte d to ac ce pl c ash i n the pay me nt o f a ny o bliga Ii on a d us t o A dvan c ad. If a ny pay m e nt of a ny su m d ue fro m C u sto m er is no( rec give d by A dva n ce d within five (5) days after such payment is due, then such averdue amoiinFs shall be subject to a delinquency chaise (liquidaled d a m ag e s u n de r C aliforn ia C ivil C o d e S ec tio n 16 71 ) al a ra te af in te re st eq uaI to 18 % p er a n n u m from lhe d ate iu ch ov erd u e am o u nls w ere a ctu ally du e unii I the d a te actua Ily rec eived b y A dvanc ed. C ii sto me r a ck n o w Is d ges tha t su ah deli %lu enc y c harge is re aso n ab le u n de r all t he ci rc u m sta n ce s ex isl in z at lh e ti m e lh is A gre em an t w as m a d e. C u sto m er a g re e s Ih al ac c ep ta n ce o f all or a ny po r li o n o r such delinquency charge by Advanced will not constitute a waiver by Advanced of Cuslomels defaull with respect to such overdue a m ounts, no r wi II il prev e n t A d v a nce d from e x erci sing an y or al I o the r rig his or re m e die s wh i ch A d van ca d m ay h a ve. A ii y delinquency charge, discoutit rate aiid/Or interest rate Bet forth harein $hall bei charged or applied at tbe rate set forth herein Or th e m a x im u m n le all o we d b y la w, w hi ch e v er is lo w er.
RETURN POLICY: All returns 10 Advanced, for any reasoni must show a clearlY legible and Valid Retuni MuChandige A utho riza ti o n ( RM A) nu m be r on the ou tside of the s hip ping b ox. No ret urn s w ill b e acc ep t ed w itho ut a v ali d R M A n um ber. All RM A re turns sho uld be s ent frei ght prepa id. Rep air or rep lac eme nt will be sole ly at A dvanced ' s option. To obia in an RM A num ber, it i8 necessary tO Call Advanced's gerviee center With the fOllOWin$ information : (l) the invOiCe number and dale of purchase; (2) th e p u rch a ge order num bt. r; (3) th c m ake, m od el n u m bet a n d se rl al nu mbe r of t he eq u ipm ent to be retu ine d ; a nd (4) cu si omer identification. No equtpment returned for exchange or credit will be accepted without all manuals, cables, parts and original factory packing.
C A N Cl LL AT ION C HA R G ES : If Ihis A gree men tis canc el led b y C ugtom er pri orto deli very for ot her tha n the d eraii IF ofA d va nc ed, Customer Shall pa} Advanced thirt} percent (30% ) Of khe 10tal price for all product, accessories, installation and seniices listed on Ihe sales order to defray reslocki ng and adminislrative costs involved in the sale as liquidated d amages and not as a penalty.
K Q U IPM E NT N OT F O R R ES AL E i C unto me r ac k nowl edge s th at said eq ui p ment on Ihe sa le s ord er (s N OT for resa le an d iha t the customer is the sole "end user" of the equipment described herein, unless stated differen tly on the sales orderand agreed to in writtng by an authorized Advanced officer. Customeragrees and warmnts that it will NOT offer this equipnient for resale or for export out of the United Slaies.
LIMITED WARRANTY: All equipment wartanties and specificationg arc provided by the manufacturer of the equipment.
Advanced warrants itS 8erviCeS tO be properly peformed and tO be free Of aef6Ct8 iii workmanship far 30 da}8, unless Slated OtherwiSe OThthe gales order. Damage from accident, abuse, misuse, negligence, extrente COndiliOn8, humidity, gerVtCe tram another service provider, u8e of unapproved, incornect Or faulty service parts and/or accessories will void all warranties. Opening or otherwise tampering wiUh the equipmen5 inclvding upgrading or repairing by unauihorized pemonnel. will also void allwarranties. This limited w art anty is void if C u stom e r re loca te s t he e q u ipm e ni, ha a t he insia Ila tion or e q uip m e n t w o rked o n by a ny one other yhan Adv a n c ed or attaches equipment or accessories not provided by Advanced. Advanced's warranty shall not be enlarged and no obligations or lia bili ty sha II a ri se out of A dva nce d' s re ndec(ng of te c hn ical ady ice, fac ili tie g OT s arv ic e in c onne cti on with Customer ' s purcha tie of ih e product and/or services fumished.
LIMiTATION OF IjABILITY: ANY AND ALL EXPRESS AND IMPLiED WARRANTIES NOT SPECIFICALLY SET FO R TH H E RE IN, IN C L U D nV G BU T N O T LlM ITE D T O W A R RA NTIES O R M ERC H A NTA B IL IT Y O R FffN ES S FO R AN Y PU R Pa SE O R U S E, A RE E XP RE SS L Y E X C lU DED AN D D ISC L AIM E D. TH E M A N U FA CT U RER O F TH E EQ U [PM E NT IS SOLELY RESPONSiBLE FOR THE WARRANTY OF THE EQUIPMENT PROVIDED. CUSTOMER IS SOLELY
RESPONSIBLE TO DETERMINE WHETHER THE EQUIPMENT ORDERED WILL MEET ITS' NEEDS AND REQUIREMENTS. IT IS EXPRESSLY AGREED THAT ADVANCED'S SOLE OBLIGATIONS AND CUSTOMER'S
EX CL U SI VE R EM E DIES FO R A N Y C AU SE W H A TS O EV ER A RIS IN G O U T OF OR R EL AT E D TO T HtS A GR EEM ENT O R 74 TRA N SA CT 10 NS C O N T EM PL A TE D H E REB Y IS L W [TE D TO TE RM l N A TlO N A N D A REF U ND O F CU S TO M E Ros PURCHASE PRICE, OR BY CUSTOMER REQUEST, ADV ANCED, AT ADVANCEDaS OPTION, TO REPAIR OR REPIACE PRODUCTS THAT ARE NOT AS W ARRANTED. ALL OTHER REMEDIES OF ANY KIND ARE EXPRESSLY EXCLUDED, IN NO EVENT SHALL ADV ANCED BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAM AGES (lNCLUDmG, B U T NO T LlM ITED TO L O ST PR OF IT S, R E LAY SY STE M FA IL UR ES AN D /O R N E TWO RK FA It, U RES ) C A U SE D BY TH E
INABILITY OF CUSTOMER TO USE THE EQUIPMENT, THE FAILURE OF THE EQUIPMENT, ANY DELAY IN COMMENCEMENT OF THE SERVICES CONTEMPLATED HEREIN, OR ANY OTHER CAUSE OR MATTEg
WHATSOEVER
INDKMNIFI € ATION AND HOLD HARMLESS! Customer agrees tO ttidemtiify and hold harmless Advanced, its directors, OffiCers, employees and il8 affiliates (collectively the "In demnified Parties'a) fioffl any liability or expense arising Out Of an} act Or OmfS8iOn by Cu stomeri including Wtthout limilationi Ihe m iSuSe aiid non-operation of the equ ipment aiid gerViCe8 sel forlh hefefn, Customer shall pay all expenses (including attorneys fees) tncuned by the Indemnified Parties in connection with all legal or other farm al Of informal p rOCeedings C On Cernin g C la im S Of third partie 8 0r Crim in al prO Ceedi n gS, a n d C uStOm er ah a It Flat ISry a II ju dgm en tS, costs or ulh er award s which may be incurred by ox rendered against the Ind emni fied Pattles including, to th e extent perm itted by law, a ny fi n es or p ena Ittes re sii Itin g fro m or arisi n g out of such c ri m inal proce edin gs.
A PPLIC A BLE LA W, LE G A L A C T ION S AN D A TT O R NK Y'S FE E8i T he exis tenc e, validity, c onstruct io n, op eia tion and effec1 of thta Agreement shall be determined in accordance wilh and be governed by the laws of the Stale of Califomia. All legal actions m uAt b ei bf Oughl in the Fe deral C Ourla Of Ih e C e ntr al Di81riC tOf C a lifOrn ia oa in th e S u perior C ourtg Of tbe St at 6 0f C ali fornla, C O unty Of L OS A ti g ele S. B Y eXe Cu tiri g thiii A gte em ent, Cu Slam er i8 $u bm ilti n g tO lh e juriSdi Ctl on Of t he S ta te Of C ali forn ia With re 8p eCt tO a ny d isp ul e wh ich m ay arise ou t of this A gree m en t. No ac ii o n sh a11 be b m ugh t on a ny b rea c h of th is A gree men l m ore ih a n one (l ) y e ar aftet the accnial of such cause of action except for money due upon an open account. {n the event of a lawsuit arising out of this A gre am ent , the Partie S a gree t hat th e pie Vai lin g p art} Sha )I b e awarded il8 Cosl Of NUtl, inC IJ ding re ASOii able aTtome Y'ii re eS. In lh e ev en t th a t c olle cti on is nec es sary, th e fe es of t he co II ec tion age nci es incurred b y A d v anc ed in e xerc ising any of i1!I righ ls or rem e dte a hereunder or enforcing any of the terms, conditions orpmvisiong hercofghall be added to any judgment in its favor.
CU8TO MF.R RE8PON81B1LITIF,8: Where applicable, Customet must cooperate fully with Advanced in the perform ance of its servi ce s he re in incl ud ing, b ut not li m ite d to, p rovi ding ih e follow in g: (I ) s uitab le fa ciliii es and en vironme nt for the ins ial lai ion of the eq uipment; (2) all required uttlities al the poinl of installation; and (3) full access to the inglallalion site. Cuslomer will pay any charges and cosls resulting from Customer's failure to pmvide these items in accordance with Advanced's specifications or inst(llction.
T A X ES i E XCepl f Or t he a m nu nt Of a ny at at e and 10e al taK Ntate d On th a S ale g Orde r, t he pri ce S Set forth h erei it d O net inC lude a ny fede ra 1, !l tate and/or 10Ca I e XCiSe, Ha16S, u $e, pi operty , re tai ler' $ QCcupa Finn Or aim il ar taXes . If any 8uCh 8XCladed ta X i8 de term ined tO be applicable 10 lhi8 trantiaCliOn Or if AdvanCed i8 requipd tO pa} Or bear the bunleri thereof+ the priCes Set fotth heffliii Shall be increased by the amount of such tax and any intetest or penalty Uhereon, and Cuslom er shall PaY to Advanced the fiill am aunt Of any suc h inc re axe no la re r th an te n (l O) da ys afte r re ce ipt of a n in voic e t hereTo.
D EL AY S i Ad Vaii e ed Shall nat be liffl b le far a ny de18Y or fa ilure tO pe rf orm due io an y Cnu Be b 6YOnd it g Cant ro 1. Ca u ge S iriC lud e, b ul ate net limited tO. tilrikes, aCU Of GOd, aCliOns Of Customer, inlerniption of lmnsponation or inability to oblatn necessa)a} labor, m a te ri als or facil itie ii, da fa UIt Of a n Y suppli er Or m aii ufa Clu re r Or dela ys in F CC fre q u en CY au th ori za lion or ii ce nse gra nt. T he deli Very a nd inst al lat io n sc hedu le sh aII be consid ered extende d by a period of ti m e equaI to ihe lime Iosl b ec ause of any exc usa ble del ay. ln the event Advanced i8 unable tO WhOlty or partially perform becauiie Of any Cause beyond itS control, A dvantied m a} temi inale or subconlract thtii Agreement withou t any liability to C ustomer.
W A IV E R : Th e fa ilure Of A av an Ced to t n8iat in a n Y One or m Ore iii €tanC es, u pOn t he perform a nC e Of an Y Of I be term g. COYe iia n t8 0r condiliong herein or to exercise any rights hereunder shall not be constnied as a waiver or requirement of the future performance of any SuCh term, COvenant or condition or the future eXerCige Of SuCh right, but the Obligation Of lie Customer With respect tO suCh failure, pefomi ance shall continue infull force and effect.
ADVANCED EMPLOYEKSi Customer shall not hire, em ploy or othenvise utilize or engage the gervtces of Advanced personnel with w hom Custom er becomes intmduced as a result of this Agreement or w ho app eam on behalf of Advanced at Cu stomer's location to perfomi services. in the event this pmvision is breached, Cuiitomer agrees by executing this Agteemeni that Advanced shall be entitled to reasonable liquidated damages in the sum equal to $25,000 or 50% of the person'ii first year salary or remuneralion from Cus tomer, w hichever is greater.
M 18C EL L A N EOU 8 G EN ER A L T ER MS i (a) C U81am er a CknOW le dg e8 lh at it ha & rea d a nd understa ndg theSe term S and COnd it iOn8, including the gales order, and agrees to be bound by Ihcm and that these terms and COndiliOn8 affl the complete and exclusive statement Ofthe Agreement between the partteg and supersede allproposals, oral or written, and all othercommunications between the pa nies re la ling to the subject m at ter heteof. (b) N o mod ific at ion he ie of sha II be bin dtng up on A dv anc ed un le ss suc h m odlf lea tion is in writing and signed by a auty authorized representative Of Advanced. (c) [f any part i8 contraiy 10, prohibited by Or deemed invalid under applicable laws or regulalions, such provision shall be deemed omiited to the eXlent so conlrary, ptohibited or invalid, but the remainder shall not be invalidated and shall be given effect as far as possible.
Agreed to:
A u ih orize d Cu s to m e r S ig n a tu re
Authorized CustomerPrinted Name
Dale
2?- 75
EXHIBIT "C"
76 Contract No.
i
€ Advanced Electronics
November 5, 2012
City of South Gate - Public Works
4244 Santa Ana St.
South Gate, CA 90280
Attn: Osie Harrell
RE:5 Year Maintenance Agreement on New Equipment
Osie:
COFIPOFIATEOFFICE
2601 Manhattan Beach Blvd.
Redondo Beach, CA 90278-1604
310.725.0410 800.750.7234
Administration,
A/P.A/R Fax: 310.643.8166
Sales, Parts, Rentals,
Customer Service Fax: 310.643.8167
Advanced Electronics, Inc. is pleased to provide the following 5 year maintenance agreement proposal on your new MotoTRBO equipment:
INFRASTRUCTURE
24/7 X 365 Day per Year
Technician On-Site
4-Hour on-site response
Annual PMI Years 4 and 5
CONTROL ST ATONS
24/7 X 365 Day per Year
Technician On-Site
4-Hour on-site response
Annual PMI Years 4 and 5
MOBILES
Technician On-Site
One new antenna replacement per radio on maintenance agreement, during years 4 and 5 of the agreement
Annual PMI Years 4 and 5
PORT ABLES
Battery replacement, including disposal of spent battery. One battery per year, per radio, when accompanied with radio, during years 4 and 5 of the agreement Belt clip replacement, one belt clip per radlo when accompanied with radio, during years 4 and 5 of the agreement
Portable antenna replacement, one antenna per year, per radio when accompanied with radio, during years 4 and 5 of the agreement
1 77
Pick up and Delivery
Annual PMI Years 4 and 5
GENERAI TERMS AND CONDITIONS
FACTS ABOUT ADVANCED ELECTRONICS, INC.
INVENTORY AND PRICING
SIGNATURE PAGE
INFRASTRuCTuRE
1.0 On-Site Response
On-Site Infrastructure Response provides for Advanced Electronics, Inc. to provide on-site response as determined by pre-defined severity levels and response times.
Severity 1 issues provide services twenty four (24) hours a day, three hundred sixty five (365) days a year including holidays.
Advanced Electronics, Inc. will provide On-Site Infrastructure Response services, which will be facilitated by the customer placing a "Request for Service" telephone call to the Advanced Electronics, Inc. office. If a service request is made after hours, on a weekend or on a holiday, the caller must use the Advanced Electronics, Inc. "After Hours" menu on the telephone system. On-Site Infrastructure Response provides for an on-site technician response as determined by pre-defined response levels set forth in Table A.
Table A
Response
24/7 - 365 Days per Year
Technician On-Site
Techniclan telephone response 30 minutes.
4 Hour On site Response
CONTROL ST ATIONS
1.0 On-Site Response
On-Site Infrastructure Response provides for Advanced Electronics, Inc. to provide on-site response as determined by pre-defined severity levels and response times.
Severity 1 issues provide services twenty four (24) hours a day, three hundred sixty five (365) days a year including holidays.
Advanced Electronics, Inc. will provide On-Site Infrastructure Response services, which will be facilitated by the customer placing a "Request for Service" telephone call to the Advanced Electronics, Inc. office. If a service request is made after hours, on a weekend or on a holiday, the caller must use the Advanced Electronics, Inc. 2 78
ooAfter Hours" menu on the telephone system. On-Site Infrastructure Response provides for an on-site technician response as determined by pre-defined response levels set forth in Table A.
Table A
Response
24/7 - 365 Days per Year
Technician On-Site
Technician telephone response 30 minutes.
4 Hour On site Response
Infrastructure Preventative Maintenance Inspection (PMI) Advanced Electronics, Inc. will provide no infrastructure PMI during years 1, 2 and 3 of the agreement. Advanced Electronics, Inc. will provide an annual Infrastructure Preventative Maintenance Inspections (PMI) services to customer during years 4 and 5.
Infras0ructure Preventative Maintenance Inspections will provide operational test and alignment, on the customer's equipment (infrastructure or fixed network equipment only) to ensure the equipment meets original manufacturer's Bpectfications, all of which are hereby incorporated by this reference. Infrastructure Preventative Maintenance Inspections will be performed during standard business days, 8:30 A.M. to 5:00 P.M., excluding legal holidays.
Service requirements that occur after-hours or on weekends (outside of standard business days) may be purchased by the customer at an additional fee or billed on a time and material basis.
1.O Advanced Electronics, Inc. has the following responsibilities:
i .4
1 .5
Schedule the PMI Annually with the customer
Notify the Customer of and possible System downtime needed to peform this service Select and manage any subcontractors required to perform preventative maintenance on original equipment manufacturer (OEM) equipment
Dispatch the technical resources upon receiving Customer date(s) for Infrastructure Preventative Maintenance Inspection to be performed
Receive and log the following information from the customer to the MAS200 system:
1.5.1 Dates to perform Infrastructure Preventative Maintenance Inspection
1.5.2 Task number
1.5.3 Site identification
1.5.4 Customer and address
1.5.5 Customer primary contact
1.5.6 Access requirements
1.5.7 Close Task Number upon receiving notice of completion from assigned technician or project manager
Have on hand equipment list including type and quantity.
Have on hand original equipment manufacturer (OEM) Equipment manuals for system specifications as available
nspect and clean cabinets
nspect:
.g.*
.9.2
.9.3
.g.<
.g.s
.g.e
Cables, connections and grounding
Remove any dust, and/or foreign substances from the equipment Clean filters, if applicable
Complete all preventative maintenance requirements and manufacturers specification General circuitry
Fault indicators
3 79
1.9.7 Measure, record and adjust the equipment parameters in accordance with the manufacturer's service manuals and the Rules and Regulations of the Federal Communications Commission (FCC), where applicable
1.9.8 Consult equipment manuals for system specifications per system configuration
1.9.9 Complete and sign (by technician) system specific Infrastructure Preventative Maintenance Inspection checklist:
1.9.9.1 Electronically file one copy of the system specific Infrastructure Preventative Maintenance Inspection checklist at the Advanced Electronics, Inc. office
1.9.9.2 Identify any service problems that require customer or Advanced Electronics, Inc. action
1.9.9.3 Schedule post PMI meeting with customer to discuss service problems or other issues that require specific action by Advanced Electronics, Inc. or by customer
2.0 Example of technician check list when performing Infrastructure PMI:
cmminuommasai.auanma GXNkffla (
Base Station (s), Repeater (s), Control
Station (s)
rransmitter modulation,
RF power output/reflected
RF Frequency Measured/adjusted
Receiver Sensitivity Measured! Adjusted
Audio Input & Output Levels
Comblner & Circulator Loss
Consoles Positions/Rernates Audio Input & Output Levels Ethernet Operation
Controller Power Supply Voltage, and AC supply
Switches, Lights, CRT
CEB Signal Levels
Wiring and Grounding for each Position
Back-up the CDM database to disk
Check and Clean keyboards, CPU, CRT's
Comparators (Votlng) and for Satellite
Receivers
Audio Input & Output Levels
Receiver Sensitivity Measured/Adjusted
Comparator power supply voltage
Check for proper signal voting
UPS Batteries
Smtch Over Operations
4 .32. 80
AC/DC Voltages
Other Equipment Check an system printers
Check all modems for proper levels & settings
MOBILES
1.0 0n-Site, 8:30 A.M. to 5:00 P.M., Monday - Friday, excluding legal holidays:
8:30 A.M. to 5:00 P.M., Monday - Friday, excluding legal holidays On-Site Radio Response provides for Advanced Electronics, Inc. to be on-site to analyze a problem with a mobile radio and to repair the radio on-site if possible. Response will be on the same day if possible, or the next business day, as the trouble call is received by Advanced Electronics, Inc. If a mobile radio can not be repaired in the field, Advanced Electronics, Inc. remove the radio and reinstall a FRu (Field Replacement Unit) if provided by the customer. Advanced Electronics, Inc. will then take the radio to its facility to perform the repair, return and reinstall the radio, then give the FRLI back to the customer.
Mobile Radio Preventatlve Maintenance Inspection (PMI)
Advanced Electronics, Inc. will provide no PMI on Mobile radios durtng years 1, 2 and 3 of the agreement.
Advanced Electronics, Inc. will provide an annual, Mobile Radio Preventative Maintenance Inspections (PMI) service to customer during years 4 and 5 of the agreement.
Mobile Radio Preventative Maintenance Inspections will provide operational test and alignment, on the customer's equipment (Mobile radio equipment only) to ensure the equipment meets original manufacturer's specifications, all of which are hereby incorporated by this reference. Mobile Radio Preventative Maintenance Inspections will be performed during standard business days, 8:30 A.M. to 5:00 P.M.i excluding legal holidays at the customer location or at an Advanced Electronics, Inc. facility depending on the Customer Service Plan agreed to.
Service requirements that occur after-hours or on weekends (outside of standard business days) may be purchased by the customer at an additional fee or charged to the customer on a time and material basis.
Mobile Radio Antenna Replacement:
Advanced Electronics, Inc. will provide to the customer, all mobile radio antenna replacements.
Replacements will be new direct from the manufacturer and will meet all manufacturer and FCC requirements. Antenna replacement includes re-tuning the new antenna. One new antenna replacement per radio on maintenance agreement, during years 4 and 5 of the agreement.
1.0 Advanced Electronics, Inc. has the following responsibilities:
1.1 Schedule the PMI Annual with the customer
1.2 Notify the Customer of any possible system downtime needed to perform this service
1.3 Select and manage any subcontractors required to perform preventative maintenance on original equipment manufacturer (OEM) equipment
1.2 1 .3
Dispatch the technical resources upon receiving Customer date(s) for Infrastructure Preventative Maintenance Inspection to be performed
Receive and log the following information from the customer to the MAS200 system:
1.3.1 Dates to perform Infrastructure Preventative Maintenance Inspection
1.3.2 Task number
1.3.3 Site identification
1.3.4 Customer and address
1.3.5 Customer primary contact
5 33 81
1.7.8 q.z.g
1.3.6 Access requirements
1.3.7 Close Task Number upon receiving notice of completion from assigned technician or project manager
Have on hand equipment list including type and quantity.
Have on hand original equipment manufacturer (OEM) Equipment manuals for system specifications as available
Inspect and clean cabinets
nspect:
.7.1
.7.2
.7.3
.7.4
.7.5
.7.6
.7.7
General circuitry
Fault indicators
Cables, connections and grounding
Remove any dust, and/or foreign substances from the equipment Clean filters, if applicable
Complete all preventative maintenance requirements and manufacturers specification Measure, record and adjust the equipment parameters in accordance with the manufacturer's service manuals and the Rules and Regulations of the Federal Communications Commission (FCC), where applicable
Consult equipment manuals for system specifications per system configuration Complete and sign (by technician) system specific Mobile Radio Preventative Maintenance Inspectlon checklist:
1.7.9.1 Electronically file one copy of the system specific Mobile Radio Preventative Maintenance Inspection checklist at the Advanced Electronics, lnc. office
1.7.9.2 Identify any service problems that require customer or Advanced Electronics, Inc. action
1.7.9.3 Schedule post PMI meeting with customer to discuss service problems or other issues that require specific action by Advanced Electronics, Inc. or by customer
PORT ABLES
1.0 8:30 A.M. to 5:00 P.M., Monday - Friday, excluding legal holidays; at an Advanced Electronics, Inc. facility. Customer brings equipment to Advanced Electronics, Inc.
Preventative Maintenance Inspection:
a. No preventative maintenance inspection during years "1, 2 and 3 of the agreement b. Annual preventative maintenance inspection during years 4 and 5 of the agreement Battery replacement, including disposal of spent battery. One battery per year, per radio, when accompanied with radio, during years 4 and 5 of the agreement Belt clip replacement, one belt clip per radio when accompanied with radio, during years 4 and 5 of the agreement
Portable antenna replacement, one antenna per year, per radio when accompanied with radio, during years 4 and 5 of the agreement
On-site pick up and delivery as needed:
1.5.1 Advanced Electronics, Inc. will provide for pre-scheduled pick-up and delivery of subscriber (portable) radios. All pick up and delivery will be done during regular business hours. Pick-up and delivery does not include removing equipment from vehicles, consoles, etc. or re-installing equipment after repair. Advanced Electronics, Inc. may at its option, subcontract pick-up and delivery services, or have a non-technical employee provide services.
Equipment will be picked up from and delivered to the customer's location.
2. Advanced Electronics, Inc. has the following responsibilities:
2.1 Add the following customer information to the Advanced Electronics, Inc. MAS 200 tacking system:
6 82
2.1.1 2.1 .2
2.1.3 2.1.4
2.1.5 Customer name, contact and address.
System type and equipment descriptions.
Site identification (site names, site ids, addresses and zip codes) Provide equipment list including type and quantity, when available.
Provide mutually agreed upon customer location, days of week for pick up and delivery of equipment as outlined in the Customer Maintenance Support Plan.
2.2 2.7
Use reasonable efforts to pickup and deliver equipment per the mutually agreed upon customer location and days of week. All pick up and delivery will be done during regular business hours. If a pick up and delivery cannot occur according to the pre-arranged schedule, customer will be contacted prior to the scheduled pick-up and / or delivery, to arrange a mutually agreeable altemative date and/or time for pick-up/delivery.
Provide an operational check of equipment to determine the nature of the problem.
Restore equipment with external defects that can be restored without opening the radio case.
Remove/reinstall mobile or data equipment from vehicles as needed for servicing.
Service shall be performed at the Advanced Electronics, Inc. facility during standard business days.
Generate service ticket in MAS 200.
7 83
GENERAL TERMS AND CONDITIONS
Advanced Electronics, Inc. and the customer agree that this document will be the basis for a maintenance agreement.
The Maintenance Agreement will be in effect for 5 years. The maintenance agreement is non-cancelable and non-refundable. At the completion of the five (5) year term, the customer will have the following option:
1. To issue a new purchase order for a dollar amount that is mutually agreed to between the customer and Advanced Electronics,Inc. for another (1 )year term.
After the initial term, this maintenance plan may be cancelled by either part9with thirty (30) days written notice.
Advanced Electronics, Inc. agrees to provide maintenance on the equipment identified in this agreement including all parts and labor which are required to repair the equipment which has become defective due to normal wear and usage. Maintenance does not include repair of equipment which has otherwise become defective, including but not limited to damage caused by accidents, physical abuse or misuse, vandalism, water, wind, fire or acts of God, nor the elimination of interference caused solely by extraneous sources and/or signal exceeding the equipment design specifications Unless other wise stated, Advanced Electronics, Inc. services excludes repairs to: any transmission lines, antennas, towers or tower lighting, batteries, carrying straps, belt clips, crystals, or reeds, nor does it include the repair of optional accessories; non-standard mobile microphones; iDEN mobile microphones; portable remote speaker microphones; mobile external speakers; mobile power and antenna cables; and power supplies. Radio and battery engraving service is not covered unless an engraved battery is replaced with a new battery.
If Equipment is added to the plan subsequent to the Start Date, the units are also non-cancelable and nonrefundable for the plan duration. Equipment may only be added to the plan, via a customer signed or emailed Advanced Electronics, Inc. Inventory Adjustment Form (Service Addendum). Complete and accurate serial l'iumbers and model descriptions must be supplied.
All inventory adjustment requests for add-on units received during any given month will be effective the 1" of that month.
Equipment deletions from the agreement may only be deleted under the following limited conditions:
Equipment was stolen and notice of theft is provided to Advanced Electronics, Inc.; or Advanced Electronics, Inc. determines Equipment is damaged beyond repair; or Advanced Electronics, Inc. determines Equipment is no longer supportable or is obsolete; or Equipment is removed from service and notice is provided to Advanced Electronics, Inc.; and Equipment had already been under a previous contract for at least the twelve month minimum required time frame.
Equipment deletions, where applicable, will be effective at the 5- of the following month in which the request was received.
The terms and conditions of this Statement of Work are an integral part of the Advanced Electronics, Inc. maintenance agreement.
8 84
Contract No.
FACTS ABOUT ADAVANCED ELECTRONICS, INC.
1. In business since 1951 - 61 years.
State of California Certified Small Business.
California C-7 Contractors License.
Motorola Premier Service Partner: Servicing Motorola products since 1961.
CTS - Certified Technical Service Center, through an independent third party national industry organization.
6. Technicians are ETA certified (Electronics Technician Association), through the national third party industry organization.
7. Technicians are members of the L.A. Clean Card Program.
8. Technicians, installation and sales people are TWIX certified.
9. All service monitors utilized to service the equipment on this agreement are calibrated and certified annually.
10. Certified and trained communications tower climbing.
11. Dedicated hilltop service technicians for Southern California.
12. 24hour,7dayperweek,365daysperyearon-siteserviceavailable.
13. Automatic on-call escalation procedures.
INVENTORY AND PRICING
5 Year Maintenance Agreement on the following equipment:
2 Repeaters
9 Control Stations
84 Mobiles
55 Portables
Total $102,215.76
9 ff 85
H. SIGNATURE PAGE
If the above mentioned terms and conditions are agreeable, please indicate so by signing this page and returning a copy to Advanced Electronics, Inc. along with your purchase order. The Maintenance Agreement will be effective from through
CustomerAccount#: 12194
Customer Signature Signature
Customer Print Name
Robert W. Conrey, President/CEO
Print Name
City of South Gate - Public Work
4244 Santa Ana St.
South Gate, CA 90280
Advanced Electronics, Inc.
2601 Manhattan Beach Blvd.
Redondo Beach, CA 90278
310-725-0410 x201
[email protected]
Date
//'ye2bA
Date
VISIT OUR WEB SITE AT
www.advancedelectronics.com
10 N 86
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND ADVANCED ELECTRONICS, INC.
!f(-i'l71l
CITY OF SOUTH GATE
W.H. (Bill) De Witt, Mayor
Date: (-'74f/ {':L
Carmen Avalos, City Clerk
(SEAL)
"CONTRACTOR"
ADVANCED ELECTRONICS, INC.
7,,kz A;,7
Robert W. Conrey
Title: ffl
APPROVED S TO FORM:
F. Salinas, City Attorney
Date: / '/"'ds/z
j5"1 87
EXHIBIT "D"
4(> 88
Contract No.
ADVANCED ELECTRONICS, INC. AND CITY OF SOUTH GATE
FCC CHANNEL SHARING AGREEMENT
Advance Electronics, Inc, is the FCC license holder of channel 173.2250 MHz. (FCC call sign WPYS793). The City of South Gate is the FCC license holder on channel 158.7600 MHz. (FCC call sign KMK250). The City of South Gate desires to continue using channel 173.2250 MHz. (licensed to Advanced Electronics, Inc.) combined with its channel 158.7600 MHz. to effectively operate a repeater channel pair. Therefore, the parties hereby agree:
1. Term:
a. The initial term of this agreement shall be from January 1, 2013 to December 31, 2018.
b. Upon written agreement between the parties, t's agreement may be renewed with new negotiated payment terms for; (2) two additional, (5) five-year terms.
2. Payment:
a. The City of South Gate shall make monthly payments during the first year of this agreement to Advanced Electronics, Inc. in the amount of $248.06 per month.
b. On January 1 of each successive year during the initial term of this agreement the monthly fee paid to Advanced Electronics, Inc. will be increased by 5%.
C. Monthly payments are due on the first of each month.
3. Advanced Electronics, Inc. Rcr;pour;ibilitipqa
a. Advanced Electronics, Inc. will continue to be the FCC license holder of channel 173.2250 MHz. It will ensure that the FCC license is renewed timely and that the channel will be unencumbered, except as with its normal security holders such as its major vendors and bank. b. Advanced Electronics, Inc. will reserve channel 173.2250 MHz. for the exclusive use of the City of South Gate during the term of this agreement and during the time frame of any negotiated renewal term(s). l
4/
89 4. City of South Gate Responsibilities:
The City of South Gate shall have the exclusive right to use channel 173.2250 MHz., which is licensed by the FCC to Advanced Electronics, Inc.
b. The City of South Gate shall continue to use its channel 158.7600 MHz. on FCC call sign KMK250 MHz. as one-half of the currently used "repeater channel."
c. The City of South Gate shall keep its FCC license current and in good standing on channel 158,7600 MHz. The expiration date of channel 158. 7600 MHz. on call sign KMK250 is March 30, 2013.
d. The City of South Gate shall make regular monthly payments to Advanced Electronics, Inc. and shall not fall into arrears.
5. Default:
Either party to this agreement shall be in default if its FCC license is not renewed timely and thereby is taken back by the FCC. The loss of the FCC licenses identified in this agreement due to circumstances or factors beyond the license holder's control will not constitute a default, but will cause this agreement to be terminated with no liability to either party.
The City of South Gate shall be in default if timely payment is not made to Advanced Electronics, Inc. A default for non-payment can be cured if payment is made within 30-days of written notice from Advanced Electronics, Inc. to the City of South Gate.
Termination:
a. Termination of this agreement will be at the end of the initial term, provided that the parties do not agree to renew this agreement. b. Uncured default will result in the termination of this agreement. c. At the time of termination of this agreement for any reason, Advanced Electronics, Inc. will rescind its authorization for the City of South Gate to use its FCC licensed channel 173.2250 MHz. on call sign WPYS793.
At the time of termination of this agreement for any reason, the City of South Gate agrees that it will immediately discontinue use of FCC channel 173.2250 MHz. that is licensed to Advanced Electronics, Inc. The City of South Gate also agrees to allow Advanced Electronics, Inc. on to its property to electronically (via reprogramming), remove its channel 2 90
173.2250 MHz. from city owned radio equipment. The City of South Gate agrees to pay Advanced Electronics, Inc. its then time and material rates to perform the reprogramming of city owned radio equipment.
7. Prior Negotiations:
This agreement constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements.
Notice:
Any notice given to either party or notice either party may desire to give in connection with this agreement shall be in writing and sent by certified mail to the address of the party specified herein. Either party may change its address for purpose of this paragraph by providing written notice to the other party. 9, Applicable Law:
The existence, validity, constnuction, operation and effect of this Agreement shall be determined in accordance with and be govemed by the laws of the state of California. All legal actions must be brought in the Federal Courts of the Central District of California or the Superior Courts of the State of California, county of Los Angeles.
10. Headings:
The paragraph heading herein are used only for the purpose of convenience and shall not be deemed to limit the subject of the sections of this agreement or to be considered in the construction.
11. Thisagreementsupersedesallotherwrittenagreements.
3 45 91
BY EXECU'nNG THIS AGREEMENT THE PARTIES HEREBY AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS:
Roben W. Conrey
CEO / President
Advanced Electronics. Inc.
Date: 7 -V-.zsh
City of South Gate
Date: l'2 - l 'jl - I 1,
Advanced Electronics, mc.
2601 Manhattan Beach Blvd.
Redondo Beach, CA 90278
City of South Gate
Pubic Works Department
Field Operations
4244 Santa Ana Street
South Gate, CA 90280-3075
Office:
Cell:
Email:
310-725-0410 Ext. 201 0ffice:
310-629-0981 Cell:
bcomey@,advancedelectronics.com Email:
4 44 92
ADDENDUM TO FCC CHANNEL SHARING A(;RTlF.MENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
ATTEST:
Carmen Avalos, City Clerk
(SEAL)
APPROVFTO FORM:
F. Salinas, City Attorney
'fCITY"
CITY OF SOUTH GATE
W.H. (Bill) De Witt, Mayor
"CONTRACTOR"
ADVANCED EIJCTRONICS, INC.
[A"-] ,%'
Robert W. Conrey
Title: ""
Date: /i'al/-'iDz
4" 93
EXHIBIT "E"
94 COMMERCIAL WARRANTY
This warranty applies wlthln the fifty (50) Unned States, the District of Columbia am Canada.
LIMITED WARRANTY
MOTOROt/l CQMMl.lt41CATlO?l r"nOOUCTJ
If the affected product is being purchased pursuant to a written CommunicaUons System Agreement signed by Motorola, the wrranty contained in that written agreement mll apply. Otherwlse, the folkimng warranty applles.
1. WHAT THIS WARRANTY COVER8 AND FOR HOW LONG:
Motorola Solutkins, Inc. or, if applimbte, Motorola Canada LirnRed ("Motorola') warrants the Motorola manufactured radlo communlcatkins product, Induding ork)inal equipment crystal devk:as and channel elements ('Produd'), against material defsta In material and workmanship under normal use and servk:e for a permd of One (l)Year from the date ofihlpment.
Motorola, at its optbn, will at no charge either repalr the Product (with new or reconditkined parts), replace Rwith the same or equivalent Product (uskig new or redltkinm Product), or reAind the purchase prloe of the Product during the warranty period provkled purchaser notlfis Motorola according to the terms of thls warrinty. Repaired or replaced Product Is warranted for the balanm of the original applk:able warranty perlod. All replaced parts of the Product shall beaima the property of Motorola.
This express limited warranty is extended by Motorola to the original end user purchaser purchaslrig the Product for purposes of leasing or for commercial, Industrial, or governmental use only, and is not asslgriable or transferable to any other party. Thls Is the oomplete warranty for the Product manufactured by Motorda. Motorola assumes noobl%;)ationaor liabilityfor additkins or modfficatlonsto this warranty unless made in writing and signed by an offloer of Motorola. Unless made In a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the instailatkin, malntenance or servk:e of Ihe Product.
Motorola cannot be responsible In any way for any anclllary equipment not Airnlshed by Motorola which Is attached to or used in connectkzn with the Produd, orfor operation of the Product mth any anclllary equipment, and all such equ%iment Is expressly excluded from this warranty. Because each system whk;h as a whole under this warranty.
I. GENERAI PROVIS10N8:
This warranty sets forth the full extent of Motorola's responsiblllties regarding the Product. Repair, replacement or refund of the purchase prlce, at Motorola's option, Is the exduslve remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDIT10N8, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARWIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE
PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. 4-7-95
Ill. HOW TO GET WARRANTY SERVICE:
Purchaser must notify Motorola's representaUve or call Motomla's Customer Response Center at 1-800- 247-2346 within the applicable warranty period for information regardlng warranty servme.
IV. WHAT THIS WARRANTY DOER NOT COVER:
A. Defects or damage resulting from use of the Product in other than Its normal am customary manner.
B. Defects or damage from misuse, accldent, water, or neglect.
C. Defects or damage from improper testing, operation, maintenanoe, instaltatk+n, alteratk+n, modtficatkxi, or adjustment.
D. Breakage or damage to antennas unmss caused directly by defects in material workmanship.
E. A Produd subjected to unauthorized Product modifications, disassernblies or repaks (induding, mthout limitatkin, the addRlon to the Product of non-Motorola supplied equipment) whkh adversely afmt performance of the Product or interfere with Motorola's normal warranty Inspection and testing of the Pradud to vaiy any warranty dalm.
F. Produd whk,h has had the serial number removed or made illegible.
G. Batteries (they carry their own separate limltm warrinty).
H. A Produd wmh, due to illegil or unauthorized alteratkin of the softwareflirmware in the Produd, does not function in aocomancewith Motorola's published specfflcatlons or with the FCC type acceptance labellng in effect for the Product at the time the Produd was Inltlally distributed from Motorola.
I. Scratches or other cosmetic damage to Product surfaces that does not affect the operatlon of the Product.
J. That the softwre in the Product wHl meet the purchaser's requirements or that the operation of the sofhvare will be unlntemipted or ermr-free.
K, Normal and customary wear and tear.
L. Non-Motorommanufactured equipment unless bearing a Motomla Part Number In the form of an alpha numeric number (i.e., TDE6030B).
V. GOVERNINa LAW
In the case of a Product sdd in the Unitm States am Canada, this Warranty is governed by the laws df the State of llllnols and the Province of Ontario, respecthrely.
V€. PATENT AND aOFTWARE PROVlalONa:
Molorola will deferxl, at its own expense, any suit brought agalnst the end user purchaser to the extent that it is based on a daim that the Product or its parts infringe a United States patent, am Motorda mll pay those costs and damages finally awarded against the em user purchaser in any such sult which are attributabkl tD any such daim, but such defense and payments are comitionm an the following:
A, lhatMotorolawillbenotlfkidpromptlylnwrltingbysuchpurdiaierofanynotlceofauchdaim; B. that Motorola will have sole control of the ddense of such suit am all negotiaUons for ita settlement or compromise; and
C. should the Product or Re parts become, or In Motorola's opinion be likely to become, the subject of a claim of infringement of a unwed States patent, that such purchaser mll permit Motorola, at its optionandexpense,eitherto procurefor such purchaserther%;lhtto oontinueuslng the Product or h parts or to replace or modffy the same so tt+at It becomes non-lnfrlnging or to grant such purchaser a credit for the Product or Its parts as depreciated and aczpt Its return. The depreclation will be an equal amount per year over the lifetime of the Product or its parts as established by Motorola.
fl 96
Motorola will have no liabNity with respect lo any claim df patent infrtngamentwhich ia based upon the combination of the Product or Its parts furnlshed hereundar with soflware, apparatus or devkas mt Airnlshed by Motorola, nor mll Motorola have any Ilablllty for the use df anclllary equlpment or software not fumished by Motorola whk,h is attached to or used in connection with the Product. The foregoing states the entire liability of Motorola mth reaped to infringement of patents by the Product or any ds parts thereof.
Laws in the United States and other mntries preserve for Motorola certain exclusme rlghts for copyrk)hted Motorola software such as the exclusive rlghts to reproduv in oopies and distribute coptes of such Motorola software. Motorola software may be used In only the Product in which the software was or%)inallyembodim am suchsoftwarein suchProductmaynotbe replaced,copied,distributed,modifim in any way, or used to produce any derivathie thereof. No other use induding, mthout limitation, alteraUon, modification, reproduction, distributlon, or reverse engineering of such Motorola software or exercise of rights in such Motorola software is permitted. No Ik,ense is granted by impllcatmn, estoppels or otherwiseunderMotorolapatentr%)htsor oopyrights.
49 97
MOTOROLA
Labor Warranty Guidelines
Document Update - Issue # 17
The following updats are being m ade to TheLaborWarranty Guidelines (LWG). Tm LWG document still oontalns details on al I other labor warranty polk,ies and prooedures, but the folkxing are the specific key areas that have been changed from the last release of LWG issue #16:
a Addm 'am doomed necessary to wrred a factory defect in the product' In the introductory paragraph to provide clarfflcatlon of the purpose for labor warranty reimbursement. Page 3 * Clarifiedwording on how Data of 8a(e kifomiatlon should be pmvldad. Page 3 * Addm NOTE #2 umerPrkJng and Pmfmblllty to darlfy Uiatthe sole pupae ofaxtendlng the P&P # ls for an extendon ofthe warranty period. Page 3
* Establbhm"Not-To-Exceed'laborratesbasedmsenlcepartnartlermml,Page4 @updatm loaitiOn amreW ? MOLforchanging small for reoahiingnotfflmloni (Note #1 unmJ. Page 5 * CorrgUon to plaai the %feaskmal 8erlea radlos badi Intothe 'Bramm Subscriber"aactlm. Page8 * Addm list d authorlzm @Jalr Type axls. Page 74
* No labor oovemga tr thlm party applkaUa'a Installedki MOTOmBO subsgibara. Page 9 * Replam the requirementto open a aib->ae for8P AuUiormUonmth the illomng, 'notfflea the 8SC call center or TSO repreaentative than an SP Authorization Number will be requeited'. Page 10 * Added clarifyingwording that 8P AuthomaUonfor sofmara/hardware upgmdai mustbe obtained before Ihe work Is pmformed, Page10
h Dilated UmS8C fax since It Is no longerum. Page 12
NOTE: NEW RATES ARE NOT VALID FOR PREVIOUS CLAIM8 AND APPLY ONLY TO NEWLY ENTERED CLAIM8 GOING FORWARD
9 These Labor Warranty Gukjalines supemede all pmvioua edtUona am are effective J anuary 10, 201 t 98 @MO ssixsxObA
LABOR WARRAN1Y
GUIDELINES
ISSUE # 17
For Use by Motorola National Service Representatives
*" u8 Domestic Only '
These Guidelines 8up*rsma All Prsivlous Guld*lln*s and Supplements oa
99 Table of C@ntents
8bitamentofLaborWarranty ............ -. 3
Identtflmtlon nf I aitw Waminly f'ai lod
8erialNumber . 3
DateofSale.. 3
Motorola Install Agreement............................3 Prlcing and Profitabillty Number.....................3
General Clalm Information
MOL azesa
60-Day Claim Requirement.........,..,...............4
Subscriber . . 4
Infrastructure 4
APCCode , 4
SP Authorizatlon Number...........................,,,4
National Servioe Representative Slgnature...4
Payment . 4
Labor Rates . . .. . 4
Clalm R*vlaw
WithoutExcepUons . 4
WRhExceptlons 4
Rejects .. .5
ShodPaya 5
Clalm Inquiry / 8aarch / Field D*mriptlons...,5
Repalr Type / Trouble Comietad
Repalr . . .5
Replace .. .5
Alignment . .5
Reprogram
Depot
No Trouble Found
Characterization
KU/Board Number.
Part Nummr.
Circuit DeaignaUon / Location Code #,,,......5
Allowable Chargy for Motorola unm
Data
BrandedSubscribers ... . .6
Commerclal Tier Subscrlbera....................7
Motorola ManuFadured lnfrastructure.........8
MinltorPaging. .. , . .. .. ...8
3' Party Vendor/Drop 8hlp / OEM .,,....,.,..8
Charges/Repairs Not Relmburied............9
Obtalnln@ 8P AuthorlzaUona ................. 10
Software / Hamwane Upgrades........... .....10
!lwidlng a Unlt to A Depot...................... 10
PlanX .. . . ... , . ,.... 10
Multi-Umt Repairs Agalnst a Bullatln .. .. ..11
Multiple Repalri Not %laW to a Bull*tln..1i
Equlprnent Not Covered....,,...............,. ..lj
R8A/ER8A. . ... . 12
ImponantContactNumban ......,...........12
WsirmntyCal*ndar . . .. ... .. 12
Issue # 17 2 EffecUve January 10, 2011
,b2-100
Labor Warranty Guidelines
$TATeMgNT QF LABOR WARRANTY
Motomla'sStandardCommerdalWarnnty providesrelmbursementforlaborto replaceor repairdefectivepartsfor a periodof one(1) ortwo(2) years,deperdingon thepmdud, fromdateof shipment.ThisIs for work done durlng normalbusinesshoursanddoomednecessaryto correcta factorydefed ki theproduct.Motorolareservesthe r%;lht to reduceor denyanyclaimthat@not IncompliancewiththisLaborWarrantyGudeHnes (LWG).
ICIINTIPICATION OF lAaOR WARRANTY PRRIOD
Waminty on all prodids begins at ahlpment When it expires b based on one d the following factona:
SERIAI NUMBER-the 5" and8" charactersof a serialnumberkidlcatethe yearand themontha unitwu manufgtured/ shlpped.Foranexampleseethe"Wimnty Dab Cods Cafal'page 12.
NOThi:Dates118tmkt the MOLWarra$ DateVerifi>tlondatabase m//app§.
OATEOF8Q18-when trioend-usercustomerpuses equlpmentfmm an Authorlzed Dealer, the wananty bqlns onthe achiagDda ofSeb. A mpy ofthedatm ralesrmilpt or Invdm mustbe faxed or emalksd to the WarmntyAnalysl see"lmpwhM rnMeM fihona,Fu Nund"page 12. The!xc*ptlom Notes tut box m thedalm mustmntain mfgencs to howthedocumentwasforwarded,andtheactualdate d ale must be typed In theaP Aulhorlzalkx Numberfleklm theclalmsubmlsdon (e.g. SOLD 01-01-08).
NOTE#1: Dataofdelayedaiahxner shlpplng/ pb up,dateoflnlUalprograrnmkig.ordelayed bllllng / Involdng for histaHswhen mt done under a Motorola 14 do not apply,
NOan!#2:Unlessa MotorolaIratallationAgreement(IA)waspurchasedby thecustomer,dates Ilsted on a documentas theIn<loa / blHhgdate,dond applywhentherewasa delaypendlngcompmtlmof equ$ment Installatkn.WarmntyInthesecasesbeginsuponmanufadur*/ shipmentof the equipment from Motoma.
NOT! #3: ThisDateof SaleexemptlondosanotapplytoAbovePneaBook(APB)aqulpmentules. The warranty start datefor APB sales wlll be the date of shlprnenl.
MOTOR(XAINSTAll AGREEMENT-whena cumornarpudiaaea a MotorolaInsmllAgraemant(14),regardless of thequanUty/ typeofequlpmantpurrhasm, thewanantybeginsonthe actual"ta gFbiJull buiupkilfuii.Curies of theraqulreddoarmentatm thatmustbefaxedor emailedto a WarrmityAnalystwouldbeeither:
a AMotoromlnstallatlonCompleUonCertlfluta(lflssued),Qjl * TheMotorolaInstaHAgmemantSubmitract Red AfflQUNNatlOnalS@rvkA%presentatlve!l finalblllkig workkket to Motorola,whk!i 11ststheactualphysdcaldated Installoompmtlon.
A re%renoeof thedoa>mm%s)beingforwardedshouklbetypm in the!xeaptlms Notes textboxon tits dalm, and theamal dateof installcompletionmustbetypedS theIP Authorballon Numberflakl(e.g.14DONE01-01-4Xl).
Aim sea"lmpotlantCordaatf?h/PaxNumbm'pagez 11.
NOTE#1: Ifthe equipmentIs Instalkmmthouta Motorda14,thewarrantywill expirebasedm theserialnumber manufactured/ shlppm date,orthe Dealersdataofaale.
NOT! #2: Dates11dmm anytypeof customer'Install/ ProjectAtanoe' doaiments/ cerUfmtaado not apply.
PRICINGAND PROFffA81LfTYNUMBER-when theend-uaercustomerpurdiassaa large system, Motorola may iaaa a Pridngam Profltabllltynumbs (P&P#)to extendthe langUioftha standardwarmntyperlod on the enUre system.Thesawarmntytermsaredeflnm asi;oneyearf)mi mxiptarm not to exawd(NTe) a kihloffil tnonThs rrotn ahlflt. TheP&P# mult bl typedin UiespAidhormtkin Numtw am (e-g- 12345), The Motorola 8alespersonor ProgramManagershouklm ableto provkmthisnumber.All otharLWGpolides and rates still apply undera P&P#. aa!me m factorywamintydefadawn besubmittm pdorto theamal aoceptanoaof the system as long aatheunltis stillwithin 18 monU'is from shlpmart
NOTE01: Ifan extensim oftheorlglnalbkl termsIsneededbeyondtm 18'monthsfromshipment,the Motorola PM / CSMshouldaytact tte PrldngandPmflbiblHtyDepartmento ranegotlatethe warranty parked.
NOT! #2: TheP&P# onlyextendsthemngthofthe warrantyperkxl butdoesNOTdmng* the Itemsmvared or condltlona for reknburaement othsmise stated ki the LWa. lasue # 17 3 Effedlve January 10, 201 1
101
Labor Wartanty Guidelines
aENeRAl CI.AIM INFOflMAnQN
Clalms are submitted through the Motorola On Line (MOL) web page, kyted at httos://buslnessonlk'ie.motorola,com.
A warranty 10 and password are required to azess the cmm site. Ifaccess Is needed, the MOL Customer lw helpdesk should be contacted at 1-800-814-0601. Separate claims must be submlttm for each unlt repaired. 60-OAY ClAIM REQUIREMENT-tr timely analysis oftechnlcal data for Motorola's Quality Aasurance Program, all dalms must be submitted wlthin 60 calemar days from the date ofrepak, or they mll be rejected.
NOTE 41: This 60-day requirement also applles to prevloul bllllng emirs, dalms /worktlckets kist or miadlrgted, daJ8 /workUckets held until customer pb up d unlt, dab / WOtttimOt delays m re-h8tallabns, Or daimS / worktk*etsheldforanextendedamountof Umeuntilunitwasdetermined to be worklng propw%.
NOTE fi: We recommend processing requests for SP Authorlzatkin Numbers are made prk+r to tha SSC tedinml support case being dosed so that the request ain be revlewm and ff appmved, the daim submitted before the 60 day perlod expires.
-these are producta that are easily movm or handm, such as portabms, mobHs or data uM.
INFRMTRUCTURE-this Is equiprnertt that Is 'stationary' or 'fixed', such as consoles, repeaters, or mtrollers, and Is usually located at a aistornar's remote slte.
SP AUTHORIZATION NUMBER -Is valldaUon for non4andamwaminty issues, such m a date of sale, gi 14 axmpletlondata, a P&P #, a me-elms alpha-numeric 8P Authorlzatlori Numbsr, or F8!1 buHetlnnumber.
NOTE: When tt*re Is more than one type of number, type one ki the 8P Authormtlm Numbv field and type the other Into the Exa@tkim Nom text box.
NATIONAl SERVI(,E REPFUEfSj.NTATM !SIGNATURE-needed to pmmd both the Natkxial 8ervb RepreaentaUveand Motorola from unauthorizm use ddalms. The slgnature Is the name of the person who oerUfles, and Indkates reaponslblllty, that all Informatkn enterm or mlected on the clalm Is ku* arid . Thssslgnatw must t,ontaln a firlt am lm ngw, OrthO oalm wlNbe relsded.
Premler Serme Prtner (PSP) - $115
Motorola Semca Partner (MSP) - $95
Warmnty Repalr Center (WRC) - $75
CI.AIM RFVIPW
W/Ttl(N/TEXCEPTIQ%3-these claims contain all the corred InformaUon, pus all the MOL system edits and do not generate any exceptktn messages. They are approved and serit automatically to Motorola's Accounts Payables Department. Once the dalm shows Pald r MOL. the check number and payment date wlll be listed on the kislde of the dalm.
Wf7?tE)KJ;PTIONa-themclaims do not oontaln all the corrgt Informatkn am do mt pass all the system edlta. !gaptlons M@Bug@i Wlll Indlcate What Informatkn neada to be addressed and oorrgted, Orion detallad notw, expmnlngheathexoeptlon has bun anlem Into the Ixc*ptlona Notes text box, the daim goes Into 8ubmltt*d status for final review by a Waminty Analyst,
* -note debailktg the reject reason(s), will be entered Inslde the dalm. If airractlons can be made, seardr forand then open the rejected claim. Click on the Create Corrmlva Claim butmn feature at the bdorn of the dalm. Thls opens a 'new' dalm, who auto-populates data from the fim page of the original rajgtm dalm.Correctlmsforeachreject rmaoncan then be made fo#owlng lhrough the normal dalm prooessing steps, lasa#l7 4 Effectlve January 10, 2011
64-102
' Labor Warranty Guidelines
NOTE #1: MOL GENERATESand sends an small to the National Servke Represantathi* as notificaUon of a claim reject and the reason(s) why. The National Service Representative Is responsible for keeping thelr email address cunent undg Mal > S*mngs > %f*rmc*i > General S*ffllnga in order to mzhie these mtiflcations. ?40Te #2: A Corrective Claim must be made within 30 wlerdt days athe najedjm date, or It will be rerejected. * -notesdetalllngtheshmpayreason(s)canbefoundhisidethedaim.
Rsfer mthe uOL Labor Warranty Clalm %mtmrsarmnt Tralnlng Pgkag* kwted umer:
naiuuica ronhir s %rvls:as > 8snlc* Tranuctkm > Work lkk@ and Waminty Prm*ailng REPAIR TYPE / TRQu81,E CORRECTED
All,OWAal!: CHAflOEie FOR MOTORQlA MANuPAmlRID uNITl
NOT!: All intemalMotorolatedrnlcalteamsmll utilizetheFlnanoeappmvedInternaldiarge rates for all labor. m
* LABOR-forsemingunltslntoaMotorola/OEMDepotonly.Noother'Wapa/rT'"codesareauthorlzed unless otherwlss noted.
@ TRAVEL-not relmbursm unless otherwlse noted.
ii VEHICLE MILES-not reimbursed.
* FREIGHT-notrelmbursedunlessothermsenoted.
APC!41J4
LABOR-$45 flat rate.
APC's-17@. 312. !!K)3, He. 020, 00. 0%
* LABOR-$35 flat rate.
Isaie # 57 5 Effective January 10, 2011
103
Labor Warranty Guldelines
APC'4
* LABOR-U2hourmaxasdefinedbyLABORRATEmpage4.
* TRAVEL-1 hour max as defined by LABOR RATE m page 4.
NOTE: Labor am travel charges oomb/rm>mot exaed a tota4of $100.00.
APC' (lnfrastructura}
* LABOR- as defined by LABOR RATE on page 4:2 hours max for repairs, replacements, SSC bord/FRIJ exctanges, and sendlng unlt In to Motorola/OEM Depot and 1 hour max on NTF, resets, mboots, and recydlng of power.
TRAVEL- number of adual travel time reimbursed at the hourly rate as defined by LABOR RATE on page 4.
FREIGHT-adual fre%)htcoits only. A copy of the tgelpt showingthe diarge must befaxed /emalled In to the Warranty Claim Analyst Charges for materials, or time spent on phone or to package and send, are mt reimbursed.
APC,-3J4 (OP-2 and NM)
a LABOR-2hoursimaxaadeflnedbyLABORRATEonpaga4.All'WapaJr7}p*"mmaneauthorlzed, * TRAVEL-1 hour mix as defined by LABOR RATE m page 4,
APC'a- ffl. 'J!J'%.7% €&, VRNI. MWI
* LABOR-ltmirmaxasdeflnedbyLABORRATEonpage4.AII'fl@i/r?}p*"codeaarsauthorlzm. * TRAVEL-j hair mix as defined by LABOR RATE on page 4.
BRANDFD !'!1,IBSCRIBERS
MlsmonCrltl(a,sl ;APC's - 270. 600, W& flfl5J#. 77@'JJ3snd the following:
* XTS2500 - NJfS, a7
* XTS5000 - 310, 320, 721
* xrL25oo-al4,!sl1
* XT8/MT1500-H7
Professk>nal APCs;
* CDMi650LS+(UHF,VHF,200,700)-001
I E=X500.EX5eOXLS.EX600XLS-004
* PR860-W!I
HTi250LS+ (UHF, VHF, 200, 700) - 008
* XPR6550 -037
XPR 4550 -0311
@ CDM750-103
CDM1250-109
@ PM1200-leAe
XPFI 4380 & XPR 4580 - 475
F'M1500 - a3
XPR 8300 - 484
XPR 4350 - 563
PR1500-626
HT750 & MTX850 LS - 672
HT1250-749
MTX8250 LS - 749
XPR 6380.XPR 6680 - 777
CDM1550LB-792
@ HT1550XLS-kl
MTX150.1500.1550 PP VHF (Can only) - 921
MTX450.4500.4550 PP UHF (Can only) - 921
MTX8250 PP.MTX850 PP 800 - 921
MTX9250 PP.MTX950 PP 900 - 921
XPR6350-977
lssue#17 6 Effective January 10, 201 1
104
LaborWgnanty Guklelines
Porbibm
TRAVEL-not reimbursed.
VEHICLE MILES-riot rembursed.
FREIGHT - notreimbursed.
Mobll*a (Includes Conaolattas)
ii LABOR-sap"Rrvndmlh*rrlhnrlai'il@aa;i!,iffgnii"biily. * TRAVEL-$70 per hour max not to exceed2 houmand only reimbursedif customer is uslng the moblle as a base,t,ontrol station,or an RF mum, or iftha mobile Is in a ambulanceor fire tzk. The reasonfor travel must be includm In the!maptlona Notm text box on the daim. Relmbursementfor spedal clrcumstances requlresan SPAuthorlzatk+n.
VEHICLEMILES-not relmbursm.
FREIGHT- not relmbursed.
@ 8RANDEO8U8aCRl8[RlEVEtOPPCRleTIC)N8
* l,me l- ffl %mbls am Mmlls
Shlpplng entlm radlo In to the Depot for repair and for no troubki found (NTF). tml II-UIPma5Mq,*rm ffl Nkiblls
%palr/Repmcemm of exfemafradlo componentsperformedbythe Natlonal Service RepresentaUve themmva,
mal Ill -17@%tabmam 810 lln
Repalr/ Rqlacementof/nlamdradlocomponents performedbythe Natlonal8ervlce R*prsentaUve themselves.
NOTE01: Level II am Level Ill relmbursementsare authorizedwhen Natlorial 8ffi'Vl(!1 Representativeperforms a repair/ raplazmant on the first four (4) radios of the same type requirlng the same rapalr, For more tian four (5 or more)radios, please am 'Mu/flJ* %41n Not/hdam h a BulhhW on page11 NOT! 02: Labor/ shlpplngcharges kg any type of allgnmantsor (re)programmlngare not reimbursedIf needed afler a Level 1,II or Ill repalr performedby a NationalServloeRepresentatlve,or if sent In to a Depot by a NaUonal 8ervloe RepresantaUvato have the Depotperform tie work.
NOTI #: Charges tr repalra/replacernenta of azessorlas (e.g, battarms,antennas,diargars, mkz. control hods, COnkOl €jblN @t(!.)are mt rslmbursm bf lab €)r* ThQ affl aOV41ffldund4H peta Wmldm} ivp/aiaaniaiduiily, COMMERCIAI TIER MQBIIJ AND PORTAal P5'J.allBSCPel8ER6(Conv*rnton*l erandedl APCI:
CP150&CP200-011
PR400-442
CM200a CM300 - 922
PM400-019
LABOR-see ComLevel Repalr Types and rates below.
TRAVEL-rxit reimbursed.
VEHICLE MILE8-riot reimbursed.
* FREIGHT- not relmbursed.
NOTE#1: Theseare for repalrsperfoned by the National Servb Representative, not dme at the Depot.
NOTE#2: The on!)' "napali TyyhTssA:ilb ('nii ui+jud" codos authorized m the claim are those shown below.
Cmlmil lnvuailiTvw*a$la%trat*
Tighten Hardware - (mda # 1108 orJll109)
Reseatm Hardware - (mda # 1308 or # 1309)
Adjust Pm - (me # 1408 or# 1409)
RQhlt,e De%CtiVe EXtOmal Part- (d # 2708 0r#2709)
Replaw for aislomer 8atlafactlon (PLAN X)-(eme # 2ioa Or# 2iog) lsaue#l7 7 EffectiveJanuary10, 2011
.C';'105
Labor Warranty Guidellnes
Coml*v*l 74f%galrTws - IHflm raffl
Repalr Clrcuiby - (axle :A!100elor# 1009)
Solder-(cods # 1808 or# laXl)
Replace oerecthie Internal Part - (axle #2ooa or# 2oog) MOTQROU (8CHAUM8URG1 MANUFACTllRe:D INFRA6TRUCTURE (Consom, %peaters, Con €rolhers, etc.) * LABOR-mdeflnedbyLABORRATEonpage4:2hoursmaxforrepalrs,repbcemmts,S8Cboard/FRU exdiangas, am aemlng a unlt In to the Depot, am 1 hour max on NTF, reaets, reboobi, and reqdlng of power.
TRAVEL- number of actual h'avd time relmburam at the hoimy rate as defined by LABOR RATE on page 4.
VEHICLE MILES-mt relmbursed.
FREIGHT-actualfre%lht ax!Ita mly. A copyd theremlptshowlngU'mchargemud befaxed or emailm In.
Charges for paddng matertals, time spent on the phone, or to paduiga and send, mll notbe ralmbu.
NOT!: Labor / shlpplng diargas for anytypeofallgnm*it. (m)progmmmlng. rekxllng the OS, re-imaglng, done by a National 8erviai Representathie, or sent In to a Depot to have them do tie work. are not relmbursed without an 8P AuthorizaUon Number ormthout an FSB bull*tln number that Indlcates that bibor allowanea Is author.
MINITOR PAGING
Ar'C's ff4MlnRarV.2lnltorlll,&i@-NllnltorfV
* LABOR-8P Authorizatlon Number or PSB bulletin number requlrm.
TRAVEL-not mlmbursed.
VEHICLE M11E8-riot raknbursed.
FREIGHT-not relmbursed.
3'o PARTY / DROP IHfP / ORIOINA& EQUIPMENT MANUPACTUR!R €Oafll INFftAeTRUC:TuRl Non Motaro)a manufadged products are ooverad by the tamia of thei OEM'i commerdal warmnty. Thme warranting typlcallypmvkje one (1) year m parffl and labor. Exqtloni to the OEM's pollq are llmlted to those iituaUonswher* a// the followlng mterla are mat
h SpecialtermsviereincludedIn the end-useraatomers contmctgffll, * Those terms ware doaimanted In a Bld & Quote Agreement, where appllabl*, * TheOEMand/ormuvdngorganlut$onagremtothosetermslnwriUng.
The Motorola Salesperson, Pmject Manager (PM), or Customer Support Manger (CSM), should be contaded for help In obtalnlng Information If It is unavailable to a National Service Representahe. There are four (4) requlremenbi for every dalm:
#1 - MOTORQUI MOD!l NUMB!:R-the valkl Motorobi model number mn be found on elther the suppgkpw,klng dip, or//no /tm report. The modd number may have a 'r)!' In th*mlddle ofa 3-charader prefix (a.g. TON, SON, CON, RON, ROB, RDC), or It may Leavea two-characmr prefix (e.g, 'OS', 'DQ', 'MW"') typiail§ fdlowed by Uie suppllar's model number of addltlonal alpha and / or numemc diaraders, Thls number must be typed In the *l Nurnksr flakl on the clalm.
fi - -the appllwbl* APC can be found on the llne item mpad, and must be typsd In % km Numbv flekl on the dalm. Seven (7)x's must be typed In afterthe APC ame to compffite the 10-digit requlrement for that field (e.g. 123xxxxxxx).
#3 - P - A page 3 for detalled explanatkns and required doaiments.
N- -muaib@typedln tliu Caiiu@illiiii ?liilJ lnl t)OX.
AuOWAFll.F, CHARGES
LABOR- bad m hourly amount as defined by LABOR RATE on page 4:2 hours max for Depot mpairs which Indudes; troubleshootlng, shlpplng, re-lnstallaUon, and testlng afier reaelpt from the Depot, am 1 hour max on NTF,msets,reboota,andreaydlngofpower, All OEMequipmentrequlrlng pon*nt rapalr orrHlacsment Is designated as Dt Rapalr Only, wlth 'Depof belng eltherthe System aupportCnter (&3C) orthe OEM Vendorltseff. IniUal contad, mgaming a de%dhia OEM unll must fimt be made through the SSC. who wlll then provkle Iratudona to the Natlonal 8arvka Representahe/Customer on whether the unit wlll need to be sent In to the SSC or be sent dkeco In to the OEM Wndor.
TRA*L-number of adual tmvel tlme relrnbursm at the hourty rate as defined by LABOR RATE on page 4.
VEHICLE MILE8-riot ralmbursed.
Isaie # 17 s EffecUve January 10, 2011
106
a FREIGHT-adual fre%;lhtcostsonty.A oopyol tliu iuC(llplah;'x"[i 11!4tJmiy iiiuat befaxedor emailed€OUn0 WarmntyAnalyat Chargm mpaddng materials,tlmespmt onthephone,or to padtsye and sahd, sim not reknbursed.
?K)TI M: lit' OEMwaminty hasexpkm am a vendororsub blHsbany bibor / partffi /fretght / tram / mileage,that or,tualImvk,o tatd;dy mimnt canbe addedto thedalm as tonem thaMotordawaminty/s d! vaMd.
ChargWb} aNat)anale%n/ka%prmntauVO faranyOXtraUmespent,rmtenaiaipaCkii%i,ptK)neC8111,eta.,mUm be raknbursed.The14voz *mourdshouklbe typedInmthePra%hlfieldontha dalm, am a tvta mustbe Imluded in Theffxe4tkm Notx textboxaxplalnlngthath 'fra%lt' is ti*lmolm amountA oopl of thevendor/ s Involcemu$ bebed oremelledIntotheWamintyAnalystor thedalm wiNbe reJedm. mffl@a: ANotherdakn fmds mustbecom.
NOThi#&AHdalmasubmifimforE941 n'l'j'm'jiillffiffivii&nflJaliiiliQiiiiiiuiiQQCCumNUTlbN.
NO'TiM: Eq!l!pma!ItuidJaJ i puuiamJ iliim-Flyriuiii a vamormthoul gdng diroughtheMotorolaDrop-St$ D@rartmadmffnotbe aipportm b9Motorolafgtory warmty, amn /ftos*unltsi work wlth, or am a partof, a MotomapigdiasQ system.
NOTE Labor/at'dppkydiargs forafff fautK)n2d fmd fflpaiffl/ rQttt, a!l0nmaritg,('4ayiammlngi rdo@dlngto os, re-lmaglng,dOliauLil iar&uuiiul Ci*ii'lv& nuuiuQiiiituui'a,8i' zat ki to Mots / OEM'DepottO haVl themm themh, affl netrelmbursedwithoutan sp Authommon NurnberorF!98bullathi numbs Imlcafir+g laborwas authorized.
CHAROEI/ REPAIRINOTperweUReeoBY Q8J/1RR4NTY
SALE8 TAX.
CHECK OUT8
PR!VENTATIVE MAINTENANCE (PM) / FCC CHECKS
LEVEL SETTING. AaJuaTMENT8, OPTIMIZATION
OVERTIME AND AFTER HOUR RATE8
PART8 FlgPLACEM!NT$
ATTEMPTED F1EPAIR8 0F A UNIT
REPAIR$TOMOTOROLAEQUIPMENT DUE TO USE OF NON-AUTHORIZED MANUFACTURER8 PRODUCT$
PHY8i(,AL, ACCIDENTAL, LIQUID OR CHEMICAL DAMAGE
USER/OPERATOR EMOR
ACCIDENTS OF NATURE
RF INTERPEREN(!:
TEkCO RELATED 18SUE8
Pa!/VER COMPANY RELATED 18SuE8
46-C)AY REFtACEMENTS
1N8TALLERROR8
SA1E8 ERROR8
SOFTWJW / FIRMWARE RELATED IS8UE8
01Ilr'r'lfl(, O,'lMACt On LOST PACKAGE8
TESff EQUIPMENT
MORe:THAN1 TECHNICIAN WORKING THE SAME ISSUE AT THE MME TIME STOIJ:N MERCHANDISE
TELEPHONEi SUPPORT-with / to end user aistomer
3mPARTYAPPLICAT10N8RUNNINGIN MOTOTRBO PRODUCT8 (them products are supportm dlredly by Theapplkatlondeveloparmthno labormirranty coverage from Motorols. P'lease obtaln servlm and warranty support dlrecttyfrom the any that developed the produd) OaTAINlNO aP MITHQRlMTli
Callthe8ystern8upportCenter(88C)Teahnlad 8upportOpmitlons(TeiO)SupportTeamat1-800-927-2744am %lkx theapplkabl* axtenakinpromptsfor post-mm aipport fortha apedfk,product , r;mh
aNO![LdlB8QllaER!i
PA€NN(I
(Motoma Manu%cturm,Data,3' Party/OEM)
lssue#17 9 EffecUveJanuary 10, 20'H
107
Labor Warranty Guidelines
NOTE #1: SP Authorlzatlm Numbers are requlred for the use oftower dlmblng subcontractors, 3' Party/OEM subcontractors, and unusual modes of travel/transportation, (sudi as snow cat, snowmoblle, hellcopter, boat) must be negotlated am pre-approved by the SSC Leadsr-On-Call and through the SP Authorization Number request process prhx to hlring ths ontractor, or maklng the travel trlp.
NOTE R: Requesba for exlra on-site labor, over the stndard two (2) hours will be declined unlem the National Servlca Representatlve follows these three (3) criteria: Opens an 8SC technical supporl case betweeri the mo am three hour mllestones, gQ notifies the SSC call center or TSO representaUve than an SP Authorization Number mll be requested, gQ utillzes the SP AuthorlzaUon Request Form located In MOL under: Raourca Centu > 8arvlca* > Warranty Infonnatlon.
Hem! #3: Other dalm requirements:
* Requests for SP Au €horlzatkin Numbers and the fillng of the assoclated claim must be completm within the "80- D?}" C"P% naka4u!70/)?Allf",aaa page 4 far €k!FALLS.
Claims rejected for SP Authorization discrepancies, must be resolved by the Natlonal Servlce Representathie andresubmlttedthroughMOLwlthin30 zlemar daysfrom the daja ofrelecttonor thecbiim wNl be oonsider*d null am vokl.
The alpha-numerk: SP Authorizatkn Number and the numerlc technkal case number must both be listed In the two appllcabm fields on the claim or it mll be rejected. Also see 'NOTE' under "SPAuthodzathn /Vumbar" page 4.
All other standam warranty terms and cmdlUons apply to the claim. 80FTWARE / HARDWARI uPGQADE$ TQ gXl$71N0 gQlJlPMEN7
Charges for sofmare / hardware upgrades on any type of equlpment are not relmbursed unless the work was done per an SP AuthoriZauon Number Isu*d In smvpc*ofth*work tmmi o*rfonna$, or FSB bulletin Indlcatlng labor was authorlzed.
$INDINO A UNIT IN TO MOTOROU / (X:M DEPOT
ffa mtlonal 8ervlce Represantathie bechnhJan dat*rmlnasthey are unable to fix the unit It can be sent In to the Radk+ 8upporl Center(R8C), the Fmeral Tedinlal Center (PTC) or the 8ymem 8upporlCentar (88C). Only one dalm shouhj be submitted for the entlr* prooess m'k:h Includes the Initlal tmubleshootlng to verify the oomplalnt. puffing the unit,padtaglng, frelght, re-testing / reprogrammlng upon racelpt from Depot, am retum / reistallatkm of the unlt to the aatomer.
NOTE: RMA, RA, or Request 10 #'s listed on the Depot job tk,kit must be typm In the RaC %qwit# / !PI(: Cau # field.
DATA anti 8MNDED StJg8CRlflFfF!-call the RSC for nor4meral Customer urdts or the FTc far Federal Customer units for mrrect shlpplng proures and required documantatkin.
AlLlNFRA8'mUCTURE (MotorolaManufacturm,Dabi, 3mParty/ OEM)-axH the 88C for a rehm materlal auUiorkaUon (RMA, or RA) numbw, oorred shipping proures, and rqulred documentation. !!&2(
Thb program Invohies the complete replaoementof a unlt that has not performed to quality atamards and has t'ad Uirea (3) or morepravlous r*palrs made agalnst It(FSB Issues axduded). The request for Plan X Is fadllttm through the Molorola Bales Rz*nlaUvs. Wmn the replacement unit Is raoalved, the defmUve unit shoukl be packaged wlth a copy of the new units packing sHp and a written explanaUon of why the unit Is belng Plan X'd. It should tmn be sent to me of the addresses bekmi.
Infrutructur* and Oats Unlts
Motorola Radio Support Center (RSC)
Used Equlpment Depot
2204 Gafvln Dr.
Elgln, IL 80123
Suba,rlb*r Units
Motorola Radlo Support Center (RSC)
Used Equlpmant Depot
2222 Gatvln Dr.
Elgln, IL 80123
A warranty claim can be submltmd after Hie de%ctive unn has been shlpped back to Motorola. The old model and serial numbers should be typed Into the applicable fields on the claim. The new model and serlal numbers, the addrem the defective unR was sent back to, and the suppers tnacklng number, must all be referenced In the lssue#17 10 Effectlve January 10, 2011
J,=[)108
Labor Warranty Guldellnes
Excapdoni Notes text box. The R@alr Type / Trouble Corradm me should be selected as Rep €aai for Cualomar Mlafactkin on a Plan X clakn.
Bramed Portables
Branded Mobile
Commerdal Thr Porlabhi & Mobile
Fixed equipment
$35
$45
$1 5 labor only
2 hours labor, plus travel, If applicable, at Servk;e Representative's normal hourly
MutTl-UNIT REPAIM AQAINIT A FBI ButtCIN When spedflc modlfiqUma go psrtrmm par a bidletln, chargas for mutUple urfflts can be added mto one claim. A axnmon model number should be typsd into the Model Number flakl and a mm APC folkmim by seven (7) x's shoukf be typed Into tie !!*rlsl Number flake. Separate daims mll nod to be submitted for eadi customer and alao par emh AP'C code type. All of the appHcabki serial numbers must be typed Into Uia Rxaptlma ?kma text box or the Iltit Can t)a %Xed/Ornailm In after th@dalm 10adl awsdully In MOL. All othf AddRIOm Clalffffl Inf@ (klt, parl quantlty, clrcultaxfs) shoukl be typed Into the clalm If It was the National Sehh %preaentatlve whowas required todo the rspalt at thek shop. ff the F8B requlm TheNational Sanice Repremntahe to ahlp unb In to a Depot, the Depot R*palr Type / Troubffi Cormt*d code should be seledm. The bxbor allowance wlll be reimbursed as spedfled In Thebulletln.
NOTI If: arcs an FSB has sxpked, daims for work done agalnst the bulleUn wlll no kxgar be smepted. NOT! #2i If mom than one FSB appll*s to a parUcular unit, an 8P Authorlzatkin Numberwlll be required 'Multiple Repairs! Is defined as
o4 10@'@HI@' q4§. If a Multiple Repalrs Issue arlses that does not apply to a bulletin, an SP Authorizatlon Number will be requirm prkx fo daim submltlal. Thls pollr:y also applles to numerous NTFlssues, numerous Depot imues, or issues for any type d produc%s) that tequires all the same (am any type of) repalr, replacement, allgnment or (re)programming.
APC 705
Ql-APC 03!i
eAPCOO9
CjjiQ-APC 151
FJf534Q(MAG ONE)-APC 027
aQa-APC 606
PC 683
iDEN SUBSCRIBER(APC 731, 173,191
Isaie # 17 11 EffecUveJanuary 10, 2011
109
Labor Warranty Guidellnes
REPAIRa:RVfa: ADVANTAGE(ROAi / AN(RYPTeO REPAIRg!aCE ADVANTAffl8A} End-user aammers can purdiase an RSA/ ERSA aervka opbn for Depot repair on sehdmobim and portable radios. RSA / ERSA can be bought elthg at the tlmethe customer purchases a unll or It can be bought atany time WtttilnthlffrnQll@ndlr vsrfrom Themta ofunRourehais. This Oepotrepak servim Is effective akthe standard Motorola laborwananty explres. Oms the RSA / ER8A begins, the program requlms that the end-user aistomerforwgd fin unlt to the Radio SupportCenter (R8C) for RSA services orto the Federal TedinJ Csiter (FTC) for ERSA servlm, unless Ire Natlonal 8ervka Representative and the end-user customer haw a Motorola 8entka Agrsament (SA) or other agreement between them that covers Natlonal Servm RepmsentaUve oosts for unlt plck up,shipplng andhandllng orin-house repairof am retumof theunlt by the Natlor!il Svivlw r%iiiwiiiiLlvv back to ttm customer. CWma aubmffed through MOL for anyNatbnal Setvk* ?apmmntaffh shipping dmrges to the RSC u FTC, orfumpairs mads bythe NatmagServk,e Represnlalhta, wNlbe relededfor units that are out of the standard labor wananty and fall umer RSA / ERaA. Consult the Dealer Handbook, orcoritacta Motorola Customer Buslness Analystat 1-800-247-2346 with any quaatkxv.
IMPQflTANT COST ACT PHONE / FAX NUMelRe
WARRANTY ANA1Y5T-FAX # 847-578-2035 - Pmase put clalm number on each page belng faxed TECHNICAL SUPPORT OPERATIQNS (T!50} SUeSCRl8ER SUPPORT. SCHAUMBURG, 11 1-800-927 -2744 SYSTEM SUPPORT CENTER (S3C1. SCHAUMWRG, IL-1-800-221-7144 RADIO SUPPORT CENTER (RSCi Fl GIN, 11-1-NXJ-227-6772
FFnFRAl TECHNICAl CENTER (FT(A, U(SHAM, MD-1-800-969-6880 MOTORQI A ON-llNE (MOtl TJffiNICAl SUPPORT HFI Pr)FRK-1-800-814-0601 MOTORgl A ORDEFIADMINISTRATION-1 -847-578-8447
MOTOROt.A PART6 DEPARTMENT (MDki-800-422-4210
Latm
WARRANTYDATECOnPCAI (NQ
A
c
0 E
F
H
J
L
M
2(XXI
2001
20a2
2003
2004
2006
200el
2(X17
2008
2009
2010
201 1
AorB
CvD
EorF
GorH
J or K
LorM
NorP
QaR
SorT
uotV
W(XX
Yor2
January
February
Mardi
Am
May
Jum
Ju§
Augtm
September
Octak
Nov*n+bar
Cmcembar
Example8erld Number:4 6 8 A,;l 612 3 4 lffl Ywr 2000 is MonthJanuary 2010,
A ons ymr standardwamrntywouldexpiraJanuary31st,2009md a tw>year standardwamintywouldexpmiJanuary31it, lssue#l7 12 EffecthreJanuary 10, 2011
62!.110
i, *
Attachment C
Amendment No. l to Contract No. 2873
AMENDMENT N0. 1
TO AGREEMENT FOR REPLACEMENT OF RAJ)IO SYSTEM AND LEASE OF
ADDITIONAL RADIO FREQUENCY CHANNEL
CONTRACT N0. 2873
This Amendment No, lto Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel, Contract No. 2873 ("Amendtnent") is entered into as of January 22, 2019, and effective as of July 1, 2018, by and between the City of South Gate, a California municipal corporation ("City"), and Bear Communications, Inc., a California corporation doing business as Bearcom Group ("Bearcom"). This Amendment amends tliat certain Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel, Contract No. 2873, entered into between the City and Bearcom's predecessor-ininterest, Advanced Electronics, Inc., on November 28, 2012 ("Original Agreement"). All capitalized tetrns used in this Amendment shall have the same meanings ascribed to tliem in the Original Agreement, unless otherwise defined herein. As used herein, the term "Agreement" shall mean the Original Agreement as amended by this Amendment. -RK -C! Z A A S
A. The Original Agreement contained three separate and distinct components:
(i) a purchase component, identified at Sections 1 and 3 of the Original Agreement and described in detail in Exhibits A and B to the Original Agreement;
(ii) a maintenance component, identifTied at Section 2 of the Original Agreement as the "Maintenance Agreement" and described in detail in Exhibit C to the Original Agreement; and
(iii) a radio-frequency-channel lease component, identified at Section 4 of the Original Agreement as the "Channel Sharing Agreement" and described in detail in Exhibit D to the Original Agreement.
B. Tlie City and Bearcom now wish to atnend the Original Agreement with respect to the maintenance and lease components, and to make other changes to the Original Agreement, all on the terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AMENDMENT
1. Extension of Term of Maintenance Agreement. The City and Bearcom acknowledge tliat the initial 5-year term of the Maintenance Agreement commenced on July 1, 2013, and expired on June 30, 2018. The City and Bearcom hereby agree to extend that term through and including June 30, 2019.
2, Extension of Initial Term of Radio-Frequency-Channel Lease. Pursuant to Section l.a of Exhibit D to the Original Agreement, the term of the Channel Sharing Agreement 4727091.1-L23S.0
111
expired on December 31, 2018. The City and Bearcom hereby extend that expiration date to June 30, 2019. The termination date referenced in Section 7.a of said Exhibit D shall mean June 30, 2019, subject to extension pursuant to Section 3 of this Amendment.
3. Modification of Extension Options. Section l.b of Exhibit D to the Original Agreement grants the City the right ("Options") to extend the term of the Channel Sharing Agreement by two additional periods ("Option Periods") of five (5) years each. The terms of the Channel Sharing Agreement relative to those Option Periods are hereby modified as follows:
3.1 0ptionPeriodDates. InlightofthetermextensionsetforthinSection2 of this Amendment, the City and Bearcom hereby agree that (a) the first Option Period shall (if exercised by the City) begin on July 1, 2019 and shall end on June 30, 2024, and (b) the second Option Period shall (if exercised by the City) begin on July 1, 2024 and end on June 30, 2029.
3.2 Manner of Exercise of Options. The City may exercise the first Option by delivery of written notice to Bearcom on or before June 30, 2019. If the City timely exercises the first Option, the City may exercise the second Option by delivery of written notice to Bearcom on or before June 30, 2024. The City may not exercise the second Option if it has not timely exercised the first option.
3.3 Payments Prior to and During Option Periods. For the period from January 1, 2019 through June 30, 2019, compensation payable by the City under the Cliannel Sharing Agreement shall be governed by Section 4 of this Amendment. Section 2.b of Exhibit D to the Original Agreement is hereby modified to specify that the annual five percent (5%) payment increases under the Channel Sharing Agreement shall occur on July 1 of each year. If the City exercises the first Option, effective July 1, 2019, the monthly increase shall equal fiye percent (5%) of the monthly installment amount which was owing by the City for the month of December 2018. The monthly amount owing by the City under the Channel Sharing Agreement for tlie month of December 2018 was $2,617.42.
4. Additional Compensation. Notwithstanding anything to the contrary in the Original Agreement, the City shall pay to Bearcom the sum of Thirty-Four Thousand Nine Hundred Fifty-Eight Dollars ($34,958) as a full compensation for all of Bearcom's services under (i) the Maintenance Agreement for the period from July 1, 2018 through June 30, 2019 and (ii) the Channel Sharing Agreement for the period from January 1, 2019 through June 30, 2019.
Of that amount, $31,409 shall be allocated to the Maintenance Agreement and $3,549 shall be allocated to the Channel Sharing Agreement. If the City exercises the first Option to extend the term of the Channel Sharing Agreement, then the amounts owing by the City during the First Option Period shall be determined in accordance with Section 3.3 above.
5.. Addresses for Notice Purposes, Section 6 of the Original Agreement is hereby atnended to specify that Bearcom's address for notice purposes is 4009 Distribution Drive, Suite 200, Garland, Texas 75041, Attention: Mark Kroh, Chief Executive Officer. For the avoidance of confusion, notices to the City should be sent to David E. Torres at the address shown in said Section 6, with copies delivered to Raul F. Salinas and Carmen Avalos at the addresses shown in said Section 6.
2 4727091.1-L235.0
112
J l
6. Assumption by Bearcom. Bearcom represents and wairants that it has assumed the obligations of Advanced Electronics, Inc. under the Agreement, and covenants that it will hereafter perform the obligations of Advanced Electronics, Inc. thereunder. The City consents to that assumption and agrees that Bearcom shall hereafter be entitled to all of the benefits owing by the City under the Agreement. All references to "Advanced Electronics, Inc." and to "Contractor" in the Original Agreement are hereafter deemed to mean Bearcom.
7. Affirmation of the Original Agreement, The City and Bearcom each acknowledges, represents and warrants that to the best of its knowledge neither party is in of its obligations under the Original Agreement. The City and Bearcom each further hereby agree that except as specifically modified by this Amendment, all terms arid provisions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Bearcom have executed this Amendment as of the date first set forth above.
CITY OF SOUTH GATE:
a Califomia municipal corporation
Bernal, Mayor
ATTEST:
Catmen Avalos, City Clerk
(SEAl)
APPROVED AS TO FORM:
F. Salinas, City Attorney
BEAR COMMUNICATIONS. INC.
a i ia corporation doing business as
Be:com up
Stanley Regional Vice President
3 4727091.1-L235.0
113
Attachment D
Amendinent No. 2
to Contract No. 2873
AMENDMENT N0. 2
TO AGREEMENT FOR REPLACEMENT OF RADtO SYSTEM
AND LEASE OF ADDITIONAI, RADIO FREQUENCY CHANNEL
THIS AMENDMENT N0. 2 TO AGREEMENT FOR REPI,ACEMENT OF RADIO SYSTEM AND LEASE OF ADDITIONAL RADtO FREQUENCY CHANNEL, CITY CONTRACT N0. 2873 ("Amendment No. 2") is entered into as of May 24, 2019, by and between the City of Soutli Gate, a Califomia municipal corporation (tlie "City"), and Bear Communications, Inc., a California corporation doing business as BearCoin Group ("BearCom"). This Amendment amends that certain Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel, City Contract No. 2873, entered into between the City and BearCom's predecessor-in-interest, Advanced Electronics, Inc., on November 28, 2012 (the "Original Agreement"), which was previously amended by tliat certain Amendment No. l to Agreement for Replacement of Radio System and Lease of Additional Radio Frequency Channel dated January 8, 2019 and effective as of July 1, 2018 entered into by the City and BearCom ("Amendment No. 1"). All capitalized teims used in this Amendment No. 2 shall have the same meanings ascribed to tliem in the Original Agreement, unless otherwise defined herein.
RECIT ALS
A. Whereas, the Original Agreement contained tliree separate and distinct components:
(i) A purchase component identified at Sections l and 3 of the Original Agreement and described in detail in Exhibits A and B to tlie Original Agreement:
(ii) A maintenance component, identified at Section 2 of the Original Agreement as tlie "Maintenance Agreement" and described in detail in Exhibit C to the Original Agreement; and
(iii) A radio-iorequency-channel lease component identified at Section 4 of the Original Agreen'ient as the "Channel Sharing Agreement" and described in detail in Exliibit D to the Original Agreement.
B. Whereas Amendment No. l extended the terms of the Maintenance Agreement and tlie Channel Sharing Agreement to June 30. 2019.
C. Wliereas, tl'ie City and BearCom now wish to turther amend the Original Agreement with respect to the terms of and compensation payable under the Maintenance Agreement and Channel Sharing Agreement, all on the terms and conditions set forth lierein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Extension of Term of Maintenance Agreement. Tl'ie City and BearCoin hereby extend the term of the Maintenance Agreement through axid including June 30, 2022.
2. Extension of Term of Channel Sharing Agreement. Tlie City and BearCom hereby extend the term of the Channel Sliaiing Agreement through and including June 30, 2022. 4773 17)1.I-1235. 53
114
3, Terms of Option Periods. aThe City and BearCom hereby agrees that the terms of the Option Periods of tlie Channel Sharing Agreement in the Section 3 of Amendment No. 1 remain unchanged.
4. Additional Compensation. Notwithstanding anything to the contrary in the Original Agreement and Amendment No. l thereof, the City shall pay to BearCom the sum of One Hundred Eleven Thousand, One Hundred Sixty Five Dollars ($111,165) as a full compensation for all of BearCom's services under (i) the Maintenance Agreement for the period from July 1, 2019 througli June 30, 2022 and (ii) the Channel Sliaring Agreement for the Period From July 1, 2019 through June 30, 2022. Of tliat amount, $99,518 sliall be allocated to the Maintenance Agreement and $1 1,647 shall be allocated to the Cliannel Sharing Agreement,
5. Affirmation of the Original Agreement. The City and BearCom eacti acknowledges, represents and warrants that to the best of its knowledge neither paity is in default of its obligfftinng-under the Original A@feemenfOr-Amendment No.-1. The City' And Be-arCom each fuither hereby agree that except as specifically modified by this Amendment, all terms and provisions of the Original Agreement and Amendment No. lshall remain in full force and effect, IN WITNESS WHEREOF, the City and BearCom have executed tliis Amendment as of the date first set foith above.
ATTEST
Carmen Avalos, City Clerk
"CITY"
CITY OF SO
i
GATE
Jorge Mo , Mayor
APPROVED AS TO FORM:
Ra F. Salinas, Esq., City Attorney
Bear Communications. Inc.
it California ration doing business as
BearCom p
BY: (,/,,:},74 Jl
Stanley Camer6n
Western Regional Vice President
4773 178. I-1235.53
115
Cl'fYMANAGER'S OFFICE
Item No. 6
JUN2} 2023 C'Uyof South Gate
'oo """" CITY COUNCIL
AG-ENDA IBaILL,
Department Director:
For the R Meeting of: June 27, 2023
ent: Public Works
City Manager:
ervantes AJeffers
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2021-147-CC WITH BKF ENGINEERS, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE CITYWIDE RESIDENTIAL RESURFACING PROJECT, PHASE IV, CITY PROJECT NO. 699-ST PURPOSE: To amend Contract No. 2021-147-CC with BKF Engineers to provide additional design services to rehabilitate Frontage Road East, between Southern Avenue and Miller Way.
RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovingAmendmentNo.2toContractNo.2021-147-CCwithBKFEngineers,Inc.,to prepare design and construction documents to rehabilitate Frontage Road East under the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST, in an amount not-to-exceed $79,677;
b. Appropriating $800,000 in Gas Tax to the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 2 to Contract No. 2021-147-CC is in the amount of $79,677 and it is proposed to be funded from the proposed$800,000GasTaxappropriation. ContractNo.2021-147-CCissumrnarizedbelow.
RRP
PH I
SBI
RRP PH II
SBI
RRP PH III /
SW PH VIII,
SBI
RRP PH
IV, SBI
Gas Tax
Water PH II
& III, Water
Total
Contract No.
2021-147-CC
$68,790 $68,790 $137,578 $275,158
Amendment
No. l
$7,973 $7,973 $7,973 $239,641 $194,720 $458,281
Amendment
No. 2
$79,677 $79,677
Total $76,763 $76,763 $145,551 $319,318 $79,677 $194,720 $813,116 ANALYSIS: Frontage Road East is recommended to be prioritized for rehabilitation between Southern Avenue and Miller Way. Frontage Road East is currently used to access businesses and the Thunderbird Villa Mobile Home Park. It handles tmck traffic daily due to the business as well as passenger vehicles. Additionally,, due to the construction of the Urban Orchard Project, it will become a primary access road for the park and Los Aa'igeles River and pedestrian, bike, and vehicle traffic will increase. Concerns arise due to the deteriorated condition of the l 116
street. The pavement has alligator cracking, develops potholes regularly and has a failed structural section. The street is missing sidewalk in some segments of the street and is not ADA compliant. Further, bike lanes are proposed on Frontage Road East to facilitate access to the Urban Orchard. To promote safe access and mitigate potential liability, it is recommended that Frontage Road East be rehabilitated. The need to rehabilitate the road pavement is further supported by the City's Pavement Management System, which is a study of all of the City's road pavements. It identifies Frontage Road East as having a failing pavement condition and recommends rehabilitation.
The Citywide Residential Resurfacing Project, City Project No. 699-ST ("RRP") Phase IV is currently under design under Contract No. 2021-147-CC with BKF Engineers, Inc. ("BKF").
BKF is providing the same design services scope of work needed to rehabilitate Frontage Road East. Proposed Amendment No. 2 will add Frontage Road East to the contract which will expedite design completion. The proposed fee of $79,677 is reasonable and competitive as it aligns with the services approved for similar street improvements under the contract. Further, fee proposals were obtained which confirmed the fee was reasonable. Design of the RRP Phase IV Project is scheduled to be completed in August 2023. Construction is estimated to take eight months to complete.
BACKGROUND: On November 23, 2021, the City Council awarded Contract No. 2021- 147-CC to BKF Engineers, Inc., in the amount of $275,158 to provide engineering plans, specifications and estimates for the RRP Phase I, II and III and Sidewalk Improvements Phase VIII. On July 26, 2022, the City Council approved Amendment No. l to add to the contract street improvements proposed under the RRP Phase IV Project and certain water system improvements proposed under the Water Main Replacement Phase II and Phase III Project.
The RRP Phase IV Project improvements focus on pavement rehabilitation, traffic signing and striping and related roadway improvements. The following is the updated list of streets proposed for the RRP Phase IV Project. It is noted that funding is not available for construction of all of the listed streets. Prior to bidding the project, the streets will be bid with a Base Bid for funded streets and Additive Alternate Bid for unfunded streets.
Phase IV Streets From To
Adella Avenue Southern Avenue Wood Avenue
Frontage Road East Southern Avenue Miller Way
Madison Avenue and Deeble Street Tweedy Boulevard Southern Avenue Elizabeth Avenue City Limit Tweedy Boulevard
Liberty Boulevard Long Beach Boulevard California Avenue Madison Avenue Tweedy Boulevard Southem Avenue
Mariposa Lane City Limit Sequoia Drive
Missouri Avenue State Street California Avenue
Santa Ana Avenue Seville Avenue Madison Avenue
Victoria Avenue Tweedy Boulevard Southern Avenue
' Virginia Avenue South City Limit Tweedy Boulevard
ATTACHMENTS: A. Proposed Amendment No. 2
B. Amendment No. l
C. ContractNo.2021-147-CC
D. Location Map
GD:lc
2 117
Attachment A
Amendment No. 2
to Contract No. 2021-147-CC
AMENDMENT N0. 2 TO CONTRACT N0. 2021-147-CC FOR ADDITIONAL
DESIGN SERVICES FOR THE CITYWIDE RESIDENTIAL RESURFACING PROJECT, PHASE IV, CITY PROJECT NO. 699-ST BETWEEN THE CITY OF SOUTH GATE AND BKF ENGINEERS, INC.
This Amendment No. 2 to Contract No. 2021-147-CC ("Amendment No. l") for the preparation of additional design and construction documents for the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST (the "Residential Resurfacing Project"), is made and entered into on June 27, 2023, by and between the City of South Gate ("City"), and BKF Engineers, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECIT ALS
WHEREAS, on November 23, 2021, the City Council approved Contract No. 2021-1 47- CC with Consultant ("Agreement"), to provide engineering plans, specifications and estimates for the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST and the Citywide Sidewalk Improvement, Phase VIII, City Project No. 683-ST, in an amount not-to-exceed Two Hundred Seventy-Five Thousand One Hundred Fifty-Eight Dollars ($275,158);
WHEREAS, on July 26, 2022, the City Council approved Amendment No. 1 to Contract No. 2021-147-CC with Consultant ("Agreement"), to provide engineering plans, specifications and estimates for the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699- ST and the Water Main Replacement Project Phase II And III, City Project No. 702-ST, in an amount not-to-exceed Four Hundred Fifty-Eight Thousand Two Hundred Eighty-One Dollars ($458,281);
WHEREAS, the City and Consultant therefore desire to execute Amendment No. 2 to the Agreement, increasing the compensation payable to the Consultant in an amount not to exceed Seventy-Nine Thousand Six Hundred Sixty-Seven Dollars ($79,677) to fund preparation of additional design and construction documents for the Residential Resurfacing Project, Phase IV identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, and Amendment No. 2, Amend to Eight Hundred Thirteen Thousand One Hundred and Sixteen Dollars ($813,116).
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
Consultant shall expand its services to the City as identified in Exhibits "A" attached hereto and made a part to this Agreement. City reserves the right to augment or reduce the scope of work as the City deems necessary.
2. COMPENSATION. The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Seventy-Nine Thousand Six Hundred Sixty1 118
Amendment No. 2
to ContractNo. 2021-147-CC
Seven Dollars ($79,667).
3. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in full force. All the recitals to this Amendment No. 2 are incorporated into the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Raul D!!!'C!'!ttorney
BKF ENGINEERS, INC.:
By:
Chris Rideout, PE, Vice President
Dated:
2 119
EXHIBIT A
BKF Proposal
May 17, 2023
Mr. Lciis H. Osuna, P.E.
Deputy City Engineer
City of South Gate
8650 California Avenue
South Gate, CA 90280
Transrnitted Via Email
Subject: E Frontage Road Pavement Rehabilitation and
404 Improvements Proposal
Dear Mr. Osrina:
BKF Engineers welcomes the opportunity to scibmit this proposal foi- civil engineering and land srirveying services associated with the pavement rehabilitation aloi'ig Southern Avenue/E Frontage Road from approximately 250 feet east of Garfield Avenue to Miller Way in the City of South Gate, California. The project total length is over O.6 miles, and to arrive at the estimated effort required by our office (or this project, we liave oritlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on O(lr understanding of the project.
1. PROJECT UNDERSTANDING
Based on your proposal request and information obtained via einail, we understand the project as:
The project proposes to grind and overlay the existing pavement and upgr'ade five (5) curb ramps at the intersection of Southern Avenue (7/7(/Garfietd Avenue (NW, SW and SE cornei) and at the intersection of Southern Avenue and E Frontage Road (SEcorner). Tlie City pr-oposes five (5) pavement rehabi1itatiori alternatives.'
1. Cold Mill Existing asphalt pavement 4inches, apply 4 inches of asphalt pavement PG-64-10.
2. Cold Mill Existing asphalt pavement 1.5 Inches, apply 1.5 inches of asphalt pavement PG-64-10.
3. Cold Mill Existing asphalt pavement 2 inches, place 2 inches of asphalt pavement PG-64-10. Place steel headers at edge of pavement.
4. Cold Mi!l existing Roadway1.5" deep.
5. Apply 2" of asphalt pavement 1.5" thick, PG-64-10
With the City's intent to rehabilitate the pavement along Southern Avenue/E Frontage Road, we have invited Diaz Yourtnan & Associates (DYA) as our Geotechnical subconsciltant to perforin the geotechnicaal investigations, and pi-ovide paveinent recominendations for the Project.
II. SCOPE OF SERVICES
TASK1: PROJECTMANAGEMENT
This task covers the day-to-day project inanagement including, monthly invoicing, prepai'ing progress reports, and updating the project schedcile. This task also includes preparing for Project Developinent Teain (PDT) meetings, the agenda, meeting minutes, and attending coordination meetings with the City and design team.
ff
BKFENGINEERS /ffl
120
TASK2: AGENCYANDUTILITYCOORDINATION
1. Utility Research: BKF will contact the City and utility (water, sewer, storm, and SCE) companies that serve within the project limits Or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the i-ecord location of the utilities superimposed onto the existing topographic survey. BKF will also confirm any known (to the City and/or utility companies) deficiencies with the existing utilities serving the property and identify any planned upgrades that could impact the development.
2. Existing Conditions Review: BKF will vistt the site to review the existing site consti-aints and conditioiis. We will note any potential challenges to development and confirm ocir scope of survey services to support the construction documents. We will document areas that inay have tree root uplifts within the pavement, curb, gutter or sidewalk, drainage issues and other note-worthy existing conditions
3. Potholing services is exduded from this scope of services.
TASK 3: PRELIMINARY ENG€NEERING
BASE MAPPING: BKF will research, compile and review existing survey control and mapping data from City and County sources. BKF field crews will establish control and gather field data required foi' the preparation of a topographic sru'vey of the project site. The survey will be completed using conventional ground survey techniques.
Vertical control will be established from recorded City and or County bench marks.
The City provided the aerial topography of E Frontage Road/Southern Avenue from Garfield Boulevard to Miller Way. We will use the City-provided aerial topography as the base file for the pavement improvement plans. Profiles will not be provided as part of this scope. We also assumed the following:
Supplemental survey for the four (4) curb ramps at the intersection of Soutliern Avenue and Garfield Avenue were provided by the City. Additional supplemental sui'vey will be required at the two (2) curb ramps at the intersection of E Frontage Road and Miller Way. The City will provide tlie datum and basis of bearings used for the survey data received for the curb ramps at Southern Avenue and Garfield Avei"iue, in order to be in the same datum as the survey data BKF will obtain at the intersection of E Frontage Road and Miller Way.
Centerline: We will provide a construction centerline by splitting the roadway width from curb to curb.
Right-of-way lines within the Project limits will be mapped using the City's GIS AutoCAD file of the existing right-of-way. If right-of-way acquisition is requii-ed and if reqciested by the City, BKF will prepare and submit an Additional Service Request to the City for review and approval, which may include ordering Preliminary Title Reports, and preparing plat maps and legal descriptions.
Should the project require a kill reinoval and replacement of paveinent, we recommend preparing the improvement plans with the profiles requiring supplemental scirvey. If i-equested, we can provide the scope and fees for the supplemental survey.
TASK4: GEOTECHNICALINVESTIGATIONANDREPORT
With the visual assessment of tlie pavement, below are Google photos of tlie following pavement sections that will be confirmed during the site visit:
121
Frontage Road from Miller Way to Southern Avenue; one lane each direction, (1,800 feet long) - Poor paveinent scirface conditions - sevei-e alligator cracks in most of the areas within this stretch - depends on the existing pavement sections, mill and overlay might be viable; bcit no guarantee - in such case, a full removal and replacement may be requii-ed.
%
Southern Avenue from E Frontage Road to Garfield Avenue, one lane each direction, (1,300 feet long) - Fair condition with low pavement surface distresses - Mill and overlay may be a reasonable pavement rehabilitation option but will be verified with the geotechnical borings.
The intersection of Garfield Avenue and Southei-n Avenue - Fair condition with low pavement scirface distresses - Mill and overlay may be a reasonable pavement rehabilitation option but will be verified.
Based on our cinderstanding of the City's request for proposal via email and conversations, the following Geotechnical tasks include:
Data review, cinderground utility map review, and prepare a boring/coi-ing locations exhibit.
Apply for a City encroachment permit (only permit), provide business license and COI.
Mark coring/boring locations at the site, Contact Undergrocind Service Alert (USA)/DigAleit, follow-up with USA as needed to get "no conflict" confirmation. These locations will be on parking spaces by the curb.
We assumed the City will issue a perinit without traffic control plans and no lane closcires. We will perforin the coring within pai-king lane, approximately 6 feet to 8 feet from the curb line. Diaz Yourman & Associates will place cones only within the pai-king lane and area of the coring. If traffic control is required, we will submit an Additional Service Request for City review and appi-oval.
122
Perform coring/boring - coring and hand augering bases and subsurface soils. This will be peiforined in the parking lane only; not in active lanes or intersections. One shift (no more than 8 hours at the site) is anticipated during weekdays (no weekend or nighttime work. We believe that we can perforin 5 to 8 coring/borings locations within this time frame. Backfill with sand/gravel and patched with cold patch asphalt or rapid set concr-ete dying black [No hot patch asphalt will be used to patch the holes]. If hot patches are required, we will submit an Additional Service Request for City review and appi-oval.
No falling weight deflectometer (FWD) testing is necessary; No percolation testing.
Perform lab testing - 4 moisture tests, 4 Passing 200 sieve/Atterberg tests, and 3 R-value tests.
Analyses - We will provide the following new pavement sections - RHMA/HMA/ AB, HMA/AB, and PCC/AB sections.
Letter-Type Report - This will only consist of existing pavement sections, pavement surface conditions (based on quick drive by survey), subsurface conditions. We can provide a non-standard mill/overlay rehabilitation option, similar to the City's recommended sections. The noi'i-standard analyses for mill/overlay thickness recoininendation will be based on deficiency of AC and AB required (by comparing the existing pavement section and required pavement section based on design traffic index and R value of the subgrade soils) for the pavement to support the design traffic loading over the pavement's design life.
Our Team will discuss with the City our Team's recommended pavement section and the comparison with the City's pavement rehabilitation approach. We will provide the cost analysis and discuss with the City the best course of action that is consistent with the City's construction budget.
Please note that the correct way to determine the pavement rehabilitation strategy is to perform nondestrcictive test, like the falling weigl'it deflectometer (FWD) per Caltrans guidelines. However, based on the existing pavement section shared by City on 05/10/2023, the East Frontage Road has a pavement section 3" of AC over 3" AB. With such sliallow asphalt concrete and aggregate base depths, our opinion is that a new pavement section will be required, hence for this roadway segment FWD is not required.
TASK 5: 90% FINAL PLANS, SPECIFICATIONS, AND ESTIMATES
PIANS: We understand that the City has a limited construction bcidget, BKF will prepare the concept plan witli the rough order of magnitude in construction costs for pavement rehabilitation treatment alternatives within the Project limits for the City to determine tlie preferred pavement treatment(s) for E Frontage Road/Southern Avenue from Garfield Avenue to Miller Way. With the concept plan vetted and agreed cipon, BKF will work closely with the Team to develop and document tl'ie construction plans Project improvements. The Project improvements also include gap closures of the sidewalk, using decomposed granite as the all-weather surface.
BKF will pi-epare the following plans:
1. 90% Improvement Plans (7 sheets)
a. Title Sheet (1)
b. Typical Section (1)
c. Plan Sheets (3)
d. Construction Details (2)
QUANTlT'i" TAKE-OFF AND COS1- IESTIMATE: The team cinderstands there is a finite constrciction budget associated with the funding and will compare this budget to the Engineei-s Estimate to confirm both are in alignment. If appropriate, the team will work with the City to identify possible bid alternates to give the City the flexibility to add or deduct scope.
TECHNICAl SPECIIICATIONS: Specifications will be developed using Greenbook 2018, and the City's boilerplate and format.
123
TASK6: CONSTRUCTIONSUPPORT
SITE OBSERV/!ITIONS: St i-E OBSERVA-rlONS: BKF will visit the site to provide clarification of the consultant's design intent for the contractor, architect or owner. We have allocated fees for two (2) visits.
REQU[S r FOR INFORMA'T-ION: BKF will respond in writing to written requests forinformation associated with civil design items.
SUBMl'rl-Al.. REVIEW: BKF will review and retui-n submittals for those included in tlie scope of work.
RECORD DRAWINGS: Using Contractor provided red- line drawings, BKF will develop and deliver to the City Record Drawings.
Ill. COMPENSATION
1. BASESCOPEOFWORK
BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows:
:Th ' ' " - a '--a-l'" '" a m " ' . > fl
1 Project Management $ 6,318
2 Agency and Utility Coordination $ 10,216
3 Preliminaiy Engineering $ 12,128
4 Geotechnical Investigation and Report (Optional) $21 ,675 5 90o* Plans, Specifications, and Estimates $15,920
6 Bidding and Construction Support, As-Built Drawings
- - - .- _llll
$13,420
I [
&ajjfJ l :W- & J ' xi' m Z gJ 2
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project.
Please contact me at 949-526-8474 if you have any questions regai-ding our scope of services.
Respectfully,
BKF Engineers
Sheila Amparo, PE, QSD
Associate Principal
124
z lo g a5e,
SIIWII 1)3rONd
125
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JAN UARY 1, 2023
CLASSIFICATION
PROJECT MANAGEMENT
Principal
SeniorAssociate Principal
Associate Principal
SeniorProject Manageri SeniorTechnicalManager
Project Managerl Technical Manager
Engineering Manageri Surveying Managerl Planning Manager
TECHNICAL STAFF
HOURLY RATE
$288.00
$268.00
$260.00
$253.00
$247.00
$228.00
Senior ProjectEngineei'i SeniorProjectSurveyori SeniorProjectPlanner ProjectEngineerl ProjectSurveyorl Project Planner
DesignEngineerl StaffSurveyorl Staff Planner
BIM Specialist I, II, Ill
Technician I, II, Ill, IV
Drafter 1,11,Ill, IV
$212.00
$186.00
$162.00
$162.00 - $186.00 - $212.00
$154.00 - $164.00 - $180.00 - $194.00
S121 .00 - S133.00 - '!143.00 - $159.00
EngineeringASSistantiSurveyingASSiStantiPlanningAssistant $101.00
FIELD SURVEYING
Survey Party Chief
Instrument Person
Survey Chainperson
Utility Locator 1,II, Ill, IV
Apprentice 1, II, llli IV
CONSTRUCTION ADMINISTRATION
Senior Consultant
Senior Construction Adi'ninistrator
Resident Engineer
Field Engineer 1, II, Ill
FUNDING & GRANT MANAGEMENT
Director of Funding Sti-ategies
Funding Strategies Manager
Funding/ResearchAnalyst 1,II, llli IV
PROJECT ADMINISTRATION
Project Coordinator
Senior Project Assistant
Project Assistant
Clerical l Administrative ASSiStant
$212.00
$182.00
$136.00
$110.00 - $156.00 - $187.00 - $213.00
$83.00 - $112.00 - $124.00 - $132.00
$277.00
$241 .00
$179.00
$162.00 - $186.00 - $212.00
$198.00
$181.00
$124.00 - $144.00 - $153.00 - $168.00
$135.00
$117.00
$103.00
$87.00
Expert witness rates are available upon request.
Sub3ect to the terms of a services agreement:
- Charges for outside services, equiprnent, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subcoi'isultant fees and expenses, agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials.
Allowable mileage will be charged at the prevailing IRS rate per mile.
Monthly invoices are dcie within 30 days from invoice date. Interest will be charged at 1.5o/o per month on past drie accounts. C
Therateshownaresubjecttoperiodicncreases, includingJanriary1stofeachyear. BKFENGINEERS.5B 126
ORGANIZATION CHART
ORGANIZATION CHART
The organization chart presented below displays ocir proposed team organization, depth of resources, and coordination between team members. By assigning seasoned engineers and surveyors, BKF will assure a thorocigh work pi-oduct, a cross-pollination of design expertise, and effective inanagement of the project as necessary. 40 Key Personnel --@ ' A A 4 -
-sO Chris Rideout, PE
Principal in Charge
J) Jason Kirchmann, PE, PLS, QSD BKF ENGINEERS
QA/QC Engineer J) Sheila Amparo, PE, QSD
BKF ENGINEERS
Project Manager
BKF ENGINEERS
sA Bobby Lin, PE
Deputy PM
BKF ENGINEERS
Hooman Jalaie, EIT Nick Woo, EIT -sD Nate Parker, PLS sD s. Niranjanan, PE, GE Sr. Project Engineer Pro3ect Engineer Survey Manager Paveinent Engineer BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS DIAZ YOURMAN & ASSOC.
City of South Gate i E Frontage Road
Pavement Rehabilitation fl
4ffla
127
Attachment B
Amendment No. l
to Contract No. 2021-147-CC
AMENDMENT N0. 1 TO CONTRACT N0. 2021-147-CC FOR ADDITIONAL
DESIGN SERVICES FOR THE CITYWIDE RESIDENTIAL RESURFACING PROJECT, PHASE IV, CITY PROJECT N0. 699-ST AND THE WATER MAIN REPLACEMENT PROJF,CT PHASE Ii AND III, CITY PROJECT N0. 702-ST BETWEEN THE CITY OF SOUTH GATE AND BKF ENGINEERS, INC.
This Amendment No. l to Contract No. 2021-147-CC ("Amendment No. l") for the preparation of additional design and constniction documents for the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST and the Water Main Replacement Project Phase II and III, City Project No. 702-ST (the "Residential Resurfacing Project"), is made and entered into on April 28, 2022, by and between the City of South Gate ("City"), and BKF Engineers, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECITALS
WHEREAS, on November 23, 2021, the City Council approved Contract No. 2021-147- CC with Consultant ("Agreement"), to provide engineering plans, specifications and estimates for the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST and the Citywide Sidewalk Improvement, Phase VIII, City Project No. 683-ST, in an amount not-to-exceed Two Hundred Seventy-Five Thousand One Hundred Fifty-Eight Dollars ($275,158);
WHEREAS, the City has fiinding for the Residential Resurfacing Project Phase IV and the Water Main Replacement project Phase II and III programmed in the 5-Year CIP for Fiscal Year 2022/23;
WHEREAS, the City may accelerate the implementation of the Residential Resurfacing Project Phase IV by authorizing Consultant to prepare design and constnuction documents by amending Contract No. 2021-147-CC to incorporate the needed scope of work and fees; WHEREAS, the Water Main Replacement Project Phase II and III proposes water main improvements on four of the streets proposed to be repaved under the Residential Resurfacing Phase IV Project, however, are scheduled to be constructed after the completion of the Residential Resurfacing Project Phase IV Project, which water system improvements would require excavation on four of the newly paved roadways; WHERF,AS, said issue can be mitigated by incorporating the water system improvements proposed on four streets into the Residential Resurfacing Phase TV Project so that the water main improvements can be constructed in conjunction with the road improvements; and
WHEREAS, the City and Consultant therefore desire to execute Amendment No. l to the Agreement, increasing the compensation payable to the Consultant in an amount not to exceed Four Hundred Fifty-Eight Thousand Two Hundred Eighty-One Dollars ($458,281), to fund preparation of additional design and constnxction documents for the Residential l
/J 128
Amendment No. I
to Contract No. 2021-147-CC
Resurfacing Project identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1 to Seven Hundred Thirty-Three Thousand Four Hundred and Thirty-Nine Dollars ($733,439.
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
Consultant shall expand its services to the City as identified in Exhibits "A" and "B" attached hereto and made a part to this Agreement. City reserves the right to augment or reduce the scope of work as the City deems necessary.
2. COMPENSATION. The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" and "B" shall not exceed Four Hundred Fifty-Eight Thousand Two Hundred F,ighty-One Dollars ($458,281).
3. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in full force. All the recitals to this Amendment No. l are incorporated into the Agreement.
[Remainder of page left blank intentionally.]
2 /4 129
Amendment No. l
to Contract No. 2021-147-CC
AMENDMENT N0. 1 TO CONTRACT N0. 2021-147-CC FOR ADDITIONAL DESIGN SERVICES FOR THE (.:lTYWll)k k € SIDENTIAL RESURFACING PROJECT, PHASE IV, CITY PROJECT NO. 699-ST AND THE WATER MAIN REPLACF,MENT PROJECT PHASE II AND III, CITY PROJECT N0. 702-ST
BETWEEN THE CITY OF SOUTH GATE AND BKF ENGJNEERS, INC,
This Amendment No. l to Contract No. 2021-147-CC ("Amendment No. l") for the preparation of additional design and construction documents for the Citywide Residential Resurfacing Project, Phase IV, City Project No. 699-ST and the Water Main Replacement Project Phase II and III, City Project No. 702-ST (the "Residential Resurfacing Project"), is made and entered into on April 28, 2022, by and between the City of South Gate ("City"), and BKF Engineers, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a"Party" and collectively referred to as"Parties."
RECITALS
WHEREAS, on November 23, 2021, the City Council approved Contract No. 2021-147- CC with Consultant ("Agreement"), to provide engineering plans, specifications and estimates for the Citywide Residential Resurfacing Project, Phase I, II and In, City Project No. 662-ST and the Citywide Sidewalk Improvement, Phase WII, City Project No. 683-ST, in an amount not-to-exceed Two Hundred Seventy-Five Thousand One Hundred Fifty-Eight Dollars ($275,158); WHEREAS, the City has fiinding for the Residential Resurfacing Project Phase IV and the Water Main Replacement project Phase II and III progratnmed in the 5-Year CIP for Fiscal Year 2022/23; WHEREAS, the City may accelerate the implementation of the Residential Resurfacing Project Phase IV by authorizing Consultant to prepare design and constnuction documents by amending Contract No. 2021-147-CC to incorporate the needed scope of work and fees; WHEREAS, the Water Main Replacement Project Phase II and III proposes water main improvements on four of the streets proposed to be repaved under the Residential Resurfacing Phase IV Project, however, are scheduled to be consttucted after the completion of the Residential Resurfacing Project Phase IV Project, which water system improvements would require excavation on four of the newly paved roadways; WHEREAS, said issue can be mitigated by incorporating the water system improvements proposed on four streets into the Residential Resurfacing Phase IV Project so that the water main improvements can be constructed in conjunction with the road improvements; and
WHERF,AS, the City and Consultant therefore desire to execute Amendment No. l to the Agreement, increasing the compensation payable to the Consultant in ari amount not to exceed Four Hundred Fifty-Eight Thousand Two Hundred Eighty-One Dollars ($458,281), to fund preparation of additional design and constniction documents for the Residential l
130
Amendment No. l
to Contract No. 2021-147-CC
Resurfacing Project identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. l to Seven Hundred Thirty-Three Thousand Four Hundred and Thirty-Nine Dollars ($733,439.
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
Consultant shall expand its services to the City as identified in Exhibits "A" and "B" attached hereto and made a part to this Agreement. City reserves the right to augment or reduce the scope of work as the City deems necessary.
2. COMPF,NSATION. The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" and "B" shall not exceed Four Hundred Fifty-Eight Thousand Two Hundred Eighty-One Dollars ($458,281).
3. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in fiill force. All the recitals to this Amendment No. l are incorporated into the Agreement.
[Remainder of page left blank intentionally.]
2 131
Amendment No. l
to Contract No. 2021-147-CC
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.
CffY OF SOUTH GATE:
Al Rios, Mayor
ATTEST:
B7:
Yodit G City Clerk
()
APPROVED AS TO FORM:
% -
B7:
F. Salinas, City Attomey
BKF ENGINEERS. INC.
Dated: 7/2'e/2z,,,
132
BKF Proposal
July 18, 2022
Mr. Ken Tang, PE
Senior Civil Engineer
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: SOUTH GATE CITYWIDE RESIDENTIAL RESURFACING PROJECT ADDITIONAL SERVICE REQUEST NO 1: PHASES 1,II, AND Ill SUPPLEMENT AL SURVEY
REQUEST AND PHASE IV SCOPE OF SERVICESAND FEES
Dear Mr. Tang:
This letter constitutes BKF Engineer's (BKF) request for additional budget for supplemental survey.
The supplemental survey for Phases /, //, and /// was reduced to six days for the two-person Survey Crew. With 64 intersections (174 curb ramps) for Phases 1, II, and Ill, the total number of days required to complete the supplemental survey is an additional 10 days. We are requesting an additional 10 days for the two-person Survey Crew to be added to our current budget for Phases 1,II, and Ill. Please note that on an average, our survey crew completes four intersections per day.
A separate line item for this budget request is included as the last line item in the Fee Proposal.
This Additional Service Request is also in response to the City's request for BKF to provide engineering consulting services for the Citywide ResidentialResurfacing Project for Phase IV for the street segments listed and highlighted in orange shown in Attachment A.
SEGMENT STREET FROM ro
I Santa Ana Avenue Seville Avenue Madison Avenue
2 Liberty Boulevard Long Beach Boulevard California Avenue 3 Madison Avenue Tweedy Boulevard Southern Avenue
4 Deeble Street Tweedy Boulevard Southern Avenue
5 Victoria Avenue Tweedy Boulevard Southern Avenue
6 Missouri Avenue State Street California Avenue
7 Mariposa Lane City Limit Sequoia Drive
8 Elizabeth Avenue City Limit Tweedy Boulevard
9 Virginia Avenue City Limit Tweedy Boulevard
10 Adella Avenue Southern Avenue Legacy Lane
CityofSoufhGatel CifywideResidentialResurfacingProject
Phase IV Additional Service RequestNo. l
11Page
133
Based on our conversation and your email request for the added engineering services for pavement rehabilitation along the streets within Phase IV. We have identified the scope of work required for Phase )V as listed below:
SCOPE OF WORK
TASK 1: PROJECT MANAGEMENT
This task covers the day-to-day project management for Phase IV including, monthly invoicing, preparing progress reports, and updating the project schedule. This task also includes preparing for Project Development Team (PDT) meetings, the agenda, meeting minutes, and attending coordination meetings with the City and design team.
TASK2. AGENCYANDUTILITYCORDINATION
DATA RESEARCH: BKF will review City record maps and utility company records for all previous work performed to date in the Project vicinity that impacts the design of the improvements including:
Existing improvement plans / engineering reports of record Applicable design standards, codes, and plan processing procedures L)TILITY COORDINA-T'lON AND MAPPING: BKF will identify existing utilities within the project limits.
BKF will request utility maps and send out utility verification and information requests to utility purveyors present. Basedon an agreement with the City for Phases /, //, and ///, BKFwiil capture the utility features within the surface of the pavement only and map in AutoCAD to develop the utility base mapping. Since the water mainline replacement will be included in the Phase IV scope of services, we will map the underground utilities to identify the potential utility conflicts with the relocated water main. We will engage with the utility companies that will be required to adjust their facilities to grade.
Potholing servicesis excludedfrom this scopeof services.
TASK3: PRELIMINARYENGINEERING
BASE MAPPING: BKF will research, compile and review existing survey control and mapping data from City and County sources. BKF field crews will establish control and gather field data required for the preparation of a topographic survey of the project site. The survey will be completed using conventional ground survey techniques. Vertical control will be established from recorded City and or County bench marks.
BKF will provide aerial topography with limits and panels. Mapped survey data will then be compiled by BKF staff to create a project site topography map at a scale of 1" = 20' withl-foot contours, and provide:
CityofSoufhGatel ClfywideResldemial ResurfacingProject
Phase IV Addiiional Service RequestNo. I 21Page
134
Centerline: We will provide a construction centerline by splitting the roadway width from curb to curb.
Right-of-way lines within the Project limits will be mapped using the City's GIS AutoCAD file of the existing right-of-way. If right-of-way acquisition is required and if requestedby the City, BKFwill prepare and submit an Additional ServiceRequestto the City for review and approval, which may include ordering Preliminary Title Reports, and preparing plat maps and legal descriptions.
GEOTECHNICAL INVESTIGATION AND REPORT: GMU will provide the geotechnical services required for Phase IV, which include the following:
Perform a document review of existinq as-built drawinqs and past qeotechnical/pavement reports provided to us. The information gathered from this review will be considered in the analysis and development of pavement repair recommendations (i.e., existing pavement section thicknesses, date of last pavement improvement work, etc.). - Perform a limited pavement surface condition assessment to identify the type, extent, and severity levels of the pavement distresses in general accordance with ASTM D 6433, The general condition of the various pavement areas will be documented and summarized, and photos of the pavement surface condition will be taken.
Pavement coring locations will be marked in coordination with the City and Dig Alert (Underground Service Alert) will be notified to assess potential conflict with known underground utilities prior to performing pavement corings.
SUBSURFACE EXPLORATION: GMU will utilize the previously obtained encroachment permit from the City of South Gate for the proposed field exploration. We have assumed permits from other agencies are not required, including Caltrans.
Six-inch diameter pavement corings will be performed to a maximum depth of four (4) feet below the top of the existing asphalt surface using an electric-powered core drill. Sampling and digging below the AC section will be performed using hand tools. The thickness of the existing asphalt concrete (AC) and aggregate base (AB), where encountered, will be recorded. Other information such as aggregate base type and presence of petromat fabric will be recorded as well. In addition, a bulk sample of the subgrade soil will be collected.
Upon completion of the sampling, the core hole will be back-filled with soil cuttings or other suitable backfill materials and capped with asphalt concrete cold patch. We will perform a total of 22-24 pavement corings (3 days).
Traffic control will consist of 3-5 cones around work zone. We have assumed that traffic control plans will not be required and costs to have traffic control plans prepared or CltyofSouthGatel CltywideResidemialResurfacingProject
Phase IV Additional Service RequestNo. l
3 Page
fl 135
stamped is not considered in our fee.
LABORATORY TESTING : Laboratory testing will be conducted in our AASHTO and Caltrans certified laboratoiy on the samples collected from the field investigation program. Laboratory tests will include:
R-value;
Sieve No. 200 wash for soil dassification;
Atterberg Limits for soil classification;
Maximum density and optimum moisture content; and
In-place moisture.
The quantity of testing has been estimated based on our experience with similar past projects.
PAVEMENT ENGINEER!NG ANALYSIS: Pavement engineering analysis will be performed in accordance with the Caltrans Highway Design Manual. Caltrans AC design methodology considers the relationship between the traffic index (Tl), subgrade soi) strength (through R-value testing), and the gravel factors of the various pavement layers, allowing us to recommend a pavement structural section for the expanded area, and to provide pavement rehabilitation recommendations. We will utilize the Tl approved by the City from Phases I, II, and Ill, and apply to Phase IV.
PAVEMENTEVALUATIONAND REHABILITATIONRECOMMENDATIONS:Work and findings from the geotechnical investigations for Phase IV will be incorpomted into the Phaselthrough /// Geotechnical Report currently being prepared, which will include the following information:
Summary of relevant information gathered from the document review; a Project location map;
Subsurface exploration location map;
Pavement coring information (asphalt concrete thickness aggregate base thickness, subgrade soil type, etc.);
Select photographs of the pavement surface condition;
Laboratory testing results;
Conclusions; and
Pavement rehabilitation repair recommendations.
If the City elects to have the Geotechnical Report for Phase IV as a stand-alone report, the BKFTeam will prepare an ASRto the City for review and approval.
Cityo}SouthGatel CitywldeResidential ResurfacingProject Phase IV AdditionalService RequestNo. l 41Page
136
Q
/al
WA1-ER MAINLINE REPLACEMENT: Per the City's request, we will design the water mainline and prepare the plan and profile sheets at 40-foot scale along:
Kansas Avenue from Alameda Street to Long Beach Boulevard Missouri Avenue from Alameda Street to Long Beach Boulevard Indiana Avenue from Alameda Street to Long Beach Boulevard Nebraska Avenue from Alameda Street to Long Beach Boulevard The water mainline will be replaced with ductile iron pipe per the City of South Gate design standards. lmprovementswillincludethereplacementsofwaterlaterals,firehydrants,watermeters andisolationvalves. -
Supplemental Survey: The supplemental survey for the water improvements plans will include 100- foot intervals from back of walk to back of walk, and will capture the centerline, grade breaks within the cross section of the roadbed, edge of gutter, flowline and top of curb. The additional topographic survey in linear feet is approximately 13,700 feet for the four street segment listed above.
TASK 4: 65%, 95% and 100% FINAL PLANS, SPECIFICATIONS,AND ESTIMATES PL.ANS:We understand that the City has a limited construction budget, BKFwill prepare the concept plan with the rough order of magnitude in construction costs for the pavement rehabilitation of street segments within the Project limits for the City to determine the limits of improvements for Phase IV. With the concept plan vetted and agreed upon, BKFwill work closely with the Team to develop and document the construction plans Project improvements. BKFwill prepare the following plans:
Title Sheet
General Notes, Legend, and Abbreviations
Typical Sections
Street Improvement Plan (includes existing above ground utilities and ROW/Parcel boundaries from City-provided GIS)
Signing and Striping Plans
Water Improvement Plans (40-Scale Plan and Profile)
QUANTI-rY TAKE-OFF AND COST ESTIMATE: The team understands there is a finite construction budget associated with the funding and will compare this budget to the Engineers Estimate to confirm both are in alignment. If appropriate, the team will work with the City to identify possible CltyofSouthGatel CifywideResidential ResurfacingProiect Phase IV AdditionalService Request No. l
51Page
22.137
bid alternates to give the City the flexibility to add or deduct scope.
TECHNICAL SPECIFICATIONS: Specifications will be developed using Greenbook 2018, and the City's boilerplate and format.
TASK5: CONSTRUCTIONSUPPORT
Sl-I-E OBSERVATIONS: SITE OBSERVATIONS: BKF will visit the site to provide clarification of the consultant's design intent for the contractor, architect or owner. We have allocated fees for two (2) visits.
REQUEST FOR INFORMATION: BKF will respond in writing to written requests for information associated with civil design items.
SUBMITTAL REVIEW: BKF will review and return submittals for those included in the scope of work.
RECORD DRAWINGS: Using Contractor provided red- line drawings, BKF will develop and deliver to the City Record Drawings.
CityofSoufh Gatei Citywlde ResidentialResurfacingProject Phase IV Additional Service Request No. l
61Page
138
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140
Attachment C
Contract No. 2021-147-CC
AGREEMENT FOR PROFESSIONAL SERWCES FOR DESIGN SERVICES BETWEEN THE CITY OF SOUTH GATE AND BKF ENGINEERS, INC.
This Agreement for Professional Services for Design Services ("Agreement") is made and entered into on November 23, 2021, by and between the City of South Gate, a municipal corporation ("City"), and BKF ENGINEERS, INC., a Califomia corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to design services for the Citywide Residential Resurfacing Project, Phase I, II and III, City Project No. 662-ST and the Citywide Sidewalk Improvement, Phase VIII, City Project No. 659-ST; 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 sucli representation, City desires to contract with Consultant to perform the services as described in tlie Scope of Services attached hereto as Exhibit "A" of tliis Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perforin 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. COMPEiNSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of Two Hundred Seventy-Five Thousand One Hundred FiftyEight Dollars as described in Consultant's proposal attached hereto as Exliibit "A." 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 Director of Public Works or his/her designee.
2.1 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 billablc.
Consultant may rcqucst an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Consultant shall be paid in accordancc with tlie schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payinent, shall be construed as an acceptance by City of any work or materials, nor as evidence of 51168611-L235.0
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satisfactory performance by Consultant of its obligations under tliis Agreement.
3. TERM OF AGREEMENT. This Agreement is effective as of November 23, 2021, and will remain in effect for a period of two (2) years from said date or until project completion, unless otherwise expressly extended and agreed to by botli Parties in writing, or terminated by eitlier Paity as provided herein.
4. CITY AGENT. The Assistant City Manager/Director of Public Works ("Director"), or his/lier designee, for tlie purposes of this Agreement, is the agent for City. Whenever approval or autliorization is required, Consultant understands tl'iat tlie Director, or liis/her designee, has the autliority to provide tliat approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents tliat it presently has no interest and sliall not acquire any interest, direct or indirect, in any real property located in the City whicli may be affected by the services to be performed by Consultant under this Agreement. Consultant fuither represents that in perfonnance of this Agreement, no person having any sttch interest shall be employed by it. Witliin ten (10) days, Consultant agrees tliat it will irnunediately 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 teim of this Agreement and/or as a result of beixig 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 tenninate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such terx'nination and specifying the effective date tliereof. In that event, all finisl'ied or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terininated by City as provided herein, Consultant will be paid the total amount of its costs as of the ten'nination 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 writteii notice to Consultant, tertninate tbe whole or any part of this Agreement in any of the following circumstanccs:
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 tlie services called for by this Agreemcnt or so fails to make progress as to endanger perforianance of this Agreement in accordance with its terms, and in either of thcse circumstances docs 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 5116863.1-L235.0